Ala. Code § 45-2A-60.20 — Alabama Code / Title 45 / Chapter 2A / Section 45-2A-60.20
Section 45-2A-60.20 Boundary Line Established; Exercise of Police Jurisdiction
Status: in_force

(a) The police jurisdiction boundary between the City of Gulf Shores and the City of Foley is fixed along the line lying in Baldwin County, Alabama, described as follows: Begin at the point of confluence of the midline of Bon Secour River with Mobile Bay; thence northeasterly along the midline of Bon Secour River to the point of intersection of the midline of Bon Secour River with the midline of Boggy Branch; thence easterly along the midline of Boggy Branch to the point of intersection of the midline of Boggy Branch with the west line of the Northwest Quarter of the Southeast Quarter of Section 20, Township 8 South, Range 4 East; thence southerly along the west line of said Northwest Quarter of the Southeast Quarter to the southwest corner of said Northwest Quarter of the Southeast Quarter; thence easterly along the north line of the South Half of the Southeast Quarter of Section 20, Township 8 South, Range 4 East to the point of intersection with the west right-of-way line of Alabama Highway 59; thence northerly along said west right-of-way line to a point that is twelve (12) feet south of the south right-of-way line of South Baldwin County Road 10 (Bon Secour Road); thence easterly along the extension of a line that is parallel to and twelve feet south of the south right-of-way line of South Baldwin County Road 10 (Bon Secour Road) to a point 326.79 feet west of the east line of the Northwest Quarter of the Southwest Quarter of Section 21, Township 8 South, Range 4, East, thence northerly to a point of intersection with the north line of the South Half of said Section 21; thence easterly along the north line of the South Half of Section 21, Township 8 South, Range 4 East; thence easterly along the north line of the South Half of Section 22, Township 8 South, Range 4 East; thence easterly along the north line of the South Half of Section 23, Township 8 South, Range 4 East; thence easterly along the north line of the South Half of Section 24, Township 8 South, Range 4 East; thence easterly along the north line of the South Half of Section 19, Township 8 South, Range 5 East to the point of intersection with the shore of Wolf Bay.

(b) The City of Gulf Shores shall not have or exercise police jurisdiction north of the police jurisdiction boundary defined in subsection (a). Specifically, but without limitation, the City of Gulf Shores shall not have or exercise any police jurisdiction powers or authority, general police powers or authority, or taxing powers or authority north of the police jurisdiction boundary and shall not levy, fix, or collect any license, fee, or tax of any kind on or for the exercise of any business, trade, or profession done north of the police jurisdiction boundary.

(c) The City of Foley shall not have or exercise police jurisdiction south of the police jurisdiction boundary defined in subsection (a). Specifically, but without limitation, the City of Foley shall not have or exercise any police jurisdiction powers or authority, general police powers or authority, or taxing powers or authority south of the police jurisdiction boundary and shall not levy, fix, or collect any license, fee, or tax of any kind on or for the exercise of any business, trade, or profession done south of the police jurisdiction boundary.

(d) The provisions of this section shall not be affected by any annexations or deannexations by the City of Gulf Shores or the City of Foley occurring after December 1, 1997, or by any increase or decrease in population in the City of Gulf Shores or the City of Foley occurring after December 1, 1997. Nothing in this section shall be construed to alter, amend, or diminish the authority of law enforcement officers of the City of Gulf Shores and the City of Foley to make arrests or take other enforcement actions anywhere in Baldwin County as otherwise authorized or allowed by the laws of this state.
Ala. Code § 45-22-242.11 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-242.11
Section 45-22-242.11 Charge for Collection; Disposition of Funds
Status: in_force

(a) The State Department of Revenue shall charge Cullman County for collecting the county lodging taxes levied in this part the lesser of the actual amount of total collections, but the collection charge shall not in any event exceed 2.5 percent of the total amount of the special county taxes collected under this part. The charge for collecting the taxes for the county may be deducted each month from the taxes collected before certifying the amount of the proceeds from the taxes due to Cullman County each month. The State Commissioner of Revenue shall pay into the State Treasury all county taxes collected under this part as the taxes are received by the State Department of Revenue. On or before the first day of each successive month, commencing with the month following the month in which the department makes the first collections under this part, the commissioner shall certify to the Comptroller the amount of taxes collected under this part and paid into the State Treasury for the benefit of Cullman County during the month immediately preceding the making of the certification. Before certifying the amount of the taxes paid into the State Treasury for the benefit of Cullman County during each month, the commissioner may deduct from the taxes collected for the month the charges due the department for the collection of the taxes for the county. It shall be the duty of the Comptroller to issue a state warrant each month payable to the Cullman County Tourism Bureau, in an amount equal to the amount so certified by the State Commissioner of Revenue as having been collected for the use of the county.

(b) Upon receiving the tax proceeds, the Treasurer of the Cullman County Tourism Bureau shall transmit the proceeds as follows:

(1) Two-fifths of the proceeds to the Cullman County Chamber of Commerce to be used at the discretion of the chamber of commerce to pay any operational expenses while promoting small businesses, while promoting the marketing of Cullman as a destination shopping location, working with and enhancing the City of Cullman’s and Cullman County’s Industrial Boards, and working with the Cullman County Tourism Board.

(2) The remaining three-fifths of the proceeds shall remain with the Cullman County Tourism Bureau to be used at the discretion of the bureau exclusively for the purpose of promoting tourism through festivals, community events, arts projects, and tournaments that benefit all of the residents of Cullman County. Also, these funds may be used to pay the operational expenses, salaries, and benefits of the bureau’s director and staff.

(c) Effective June 1, 2021, the balance of the proceeds remaining to be distributed to Cullman County after the cost of collection and distribution to the Alabama Mountain Lakes Association have been deducted pursuant to Section 40-26-20, shall be controlled by the Cullman County Tourism Bureau.

(d) Effective June 1, 2021, the City of Cullman shall transmit to the Cullman County Tourism Bureau, an amount equal to one-quarter percent of the privilege tax levied and collected, pursuant to Ordinance 2007-7, on persons, firms, or corporations renting accommodations to transients in the City of Cullman.
Ala. Code § 45-39-250.01 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-250.01
Section 45-39-250.01 Authority to Operate Cable, Telecommunication, Etc., Systems
Status: in_force

In addition to all other power, rights, and authority heretofore granted by law, municipalities and municipal instrumentalities in Lauderdale County may acquire, establish, purchase, construct, maintain, enlarge, extend, lease, improve, and operate cable systems, telecommunications equipment, and telecommunications systems, and furnish cable service, interactive computer service, and Internet access and other Internet services and telecommunications service, or any combination thereof, to the inhabitants of the municipality and surrounding territory. Notwithstanding any other provision of this part, municipalities and municipal instrumentalities in Lauderdale County may furnish to the inhabitants of the municipality in Lauderdale County and surrounding territory: Internet access and other Internet services; meter reading services; appliance, equipment, or facilities monitoring; alarm monitoring service and other security monitoring; surveillance or monitoring services; and billing and financial services. The governing body of any municipality in Lauderdale County, by ordinance to be entered on its minutes, and any municipal instrumentality in Lauderdale County, by appropriate action of its governing body to be entered on its minutes, also may lease to others any of its cable system and telecommunications equipment not needed for public or municipal purposes and may couple the lease with the provision of cable service, interactive computer service, and Internet access and other Internet services and telecommunications service, or any combination thereof. A lease made by the mayor in accordance with the ordinance or by the duly authorized officer, officers, or agents of the municipal instrumentality in Lauderdale County, shall be binding for the term specified in the lease, not to exceed a period of 25 years. Any municipality or municipal instrumentality in Lauderdale County which acquires a cable system, telecommunications equipment, or telecommunications systems for purposes of furnishing cable service, interactive computer service, and Internet access and other Internet services and telecommunications service, or any combination thereof, to others shall provide, to any requesting telecommunications carrier for the provision of a telecommunications service, nondiscriminatory access to any of the municipality’s or municipal instrumentality’s telecommunications equipment not needed for public or municipal purposes or used by the municipality or municipal instrumentality in the provision of telecommunications service to others on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory. A municipality or municipal instrumentality in Lauderdale County shall make available any of its telecommunications equipment not needed for public or municipal purposes or used by the municipality or municipal instrumentality in the provision of telecommunications service to others on an unbundled basis to requesting telecommunications carriers upon the same terms and conditions as the telecommunications equipment is made available to other telecommunications carriers by the municipality or municipal instrumentality. Nothing contained in this part shall affect the authority of the state or local governmental agencies to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way.
Ala. Code § 45-24-242.11 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-242.11
Section 45-24-242.11 Report of Shipments
Status: in_force

An agent of any railroad company, bus or truck operator, or other transportation company or agency operating in the county shall report to the commission on the fifteenth day of January, April, July, and October of each year all shipments of gasoline or motor fuel handled and delivered to any person in the county during the preceding three months. The report shall give the names and address of the consignor or consignee shipping and receiving the gasoline or motor fuel, and the number of gallons or pounds contained in each and every shipment.
Ala. Code § 45-37A-100.04 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-100.04
Section 45-37A-100.04 Notice of Violation
Status: in_force

(a) The city or its designee shall mail a notice of violation by United States mail to the owner of the motor vehicle which is recorded by the photographic traffic signal enforcement system, photographic stop sign enforcement system, or photographic vehicle speed enforcement system while committing a traffic signal violation, stop sign violation, or speeding violation. The notice shall be sent not later than the 30th day after the date the traffic signal violation, stop sign violation, or speeding violation is recorded to:

(1) The owner’s address as shown on the registration records of the Alabama Department of Revenue; or

(2) If the vehicle is registered in another state or country, to the owner’s address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Alabama Department of Revenue.

(b) A notice of violation issued under this article shall contain all of the following:

(1) Description of the violation.

(2) The date, time, and location of the violation.

(3) A copy of a recorded image of the vehicle.

(4) The amount of the fine to be imposed for the violation.

(5) The date by which the fine shall be paid.

(6) A statement that the person named in the notice of violation may pay the fine in lieu of appearing at an administrative hearing.

(7) Information that informs the person named in the notice of violation:

a. Of the right to contest the imposition of the fine in an administrative hearing.

b. Of the manner and time in which to contest the imposition of the fine.

c. That failure to pay the fine or to contest liability is an admission of liability.

(8) A statement that a recorded image is evidence in a proceeding for the imposition of a fine.

(9) A statement that failure to pay the fine within the time allowed shall result in the imposition of a late penalty not exceeding twenty-five dollars ($25).

(10) Any other information deemed necessary by the city or its designee.

(c) A notice of violation under this article is presumed to have been received on the 10th day after the date the notice of violation is placed in the United States mail.

(d) A fine imposed pursuant to this article shall be paid within 30 days of the 10th day after the date the notice of violation is mailed.

(e) It shall be within the discretion of the trained technician to determine which of the recorded traffic signal violations, stop sign violations, and speeding violations are to be enforced based upon the quality and legibility of the recorded image.
Ala. Code § 45-2-244.101 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.101
Section 45-2-244.101 Definitions
Status: in_force

All words, terms, and phrases as defined in Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, as amended, providing for the levy of a state sales tax shall, wherever used in this subpart, have the same meanings respectively ascribed to them in those sections, except where the context herein clearly indicates a different meaning. In addition, the following words, terms, and phrases where used in this subpart shall have the following respective meanings except where the context clearly indicates a different meaning:

(1) “State sales tax statutes” means Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, as amended, which levy a certain retail sales tax, and include all statutes, including amendments to those sections, which expressly set forth any exemptions from the computation of the tax levied by the sections and all other statutes which expressly apply to, or purport to effect, the administration of those sections and the incidence and collection of the tax imposed therein;

(2) “State sales tax” means the tax imposed by the state sales tax statutes;

(3) “Month” means the calendar month;

(4) “County” means Baldwin County.
Ala. Code § 45-26-81.20 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-81.20
Section 45-26-81.20 Indexing Fee
Status: in_force

In Elmore County, a special indexing fee of one dollar ($1) shall be paid to the county, and collected by its judge of probate, with respect to each real property instrument and each personal property instrument that may be filed for record in the office of the judge of probate and for indexing of other instruments and documents in the probate office in the discretion of the county commission, and no such instrument shall be received for record in the office of the judge of probate unless the special indexing fee of one dollar ($1) is paid thereon. The special indexing fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the filing for record of any real property instrument or personal property instrument, and the recording of other instruments and documents in the probate office in the discretion of the governing body of the county. All special indexing fees so collected shall be deposited into the county general fund.
Ala. Code § 45-48-247.01 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-247.01
Section 45-48-247.01 Tax to Be Added to Sales Price of Tobacco Products
Status: in_force

(a) Upon adoption of a resolution by the Marshall County Commission, every person, firm, corporation, club, or association that sells or stores or receives for the purpose in Marshall County any cigarettes, cigars, snuff, smoking tobacco, and like tobacco products shall add the amount of the license or privilege tax levied and assessed herein to the price of the cigarettes, cigars, snuff, smoking tobacco products, it being the purpose and intent of this provision that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association, who sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, acting merely as agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, on all price display signs, sales or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products.

(b) Prior to adopting such resolution provided for in subsection (a), the commission shall first call for a nonbinding advisory referendum on the question of imposing the additional county tax on cigarettes and tobacco products as described by this part. The election shall be held and conducted as nearly as possible in the same way as countywide elections and shall be held on the same day as the next special, primary, state, or countywide election, next following October 1, 1987. Notice of the election shall be given by the Judge of Probate of Marshall County, which notice shall be published once a week for three successive weeks before the day of the election. On the ballots to be used at the election, the proposition to be voted on shall be stated substantially as follows: “Do you favor the local law levying an additional cigarette and tobacco products tax? Yes ( ) No ( ).”
Ala. Code § 45-42-150.01 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-150.01
Section 45-42-150.01 Bingo Games Authorized
Status: in_force

The operation of bingo games for prizes or money by qualified organizations or qualified clubs for bona fide charitable, educational, or other lawful purposes shall be legal in Limestone County subject to this article.
Ala. Code § 45-26-130 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-130
Section 45-26-130 Appointment and Employment; Duties; Compensation; Equipment and Facilities
Status: in_force

(a) This section shall apply only in Elmore County.

(b) The Elmore County Commission shall appoint and employ a county engineer or chief engineer, who shall be a thoroughly qualified and competent professional engineer. The county engineer or chief engineer shall possess all of the qualifications as specified for county engineers or chief engineers under the general laws of the State of Alabama. The county engineer or chief engineer shall be responsible for the maintenance and construction of the public roads, bridges, and ferries in the county and shall perform other duties as may be assigned by the county commission.

(c) It shall be the duty of the county engineer or chief engineer to carry out the following as determined by the county commission:

(1) Employ, supervise, and direct all assistants necessary to properly maintain and construct the public roads, bridges, and ferries of the county and prescribe their duties and discharge employees for cause or when they are not needed.

(2) Perform engineering and surveying service as may be required and prepare and maintain the necessary maps and records.

(3) Maintain the necessary accounting records to reflect the cost of the county road system.

(4) Build or construct new roads, or change old roads, but only when ordered to do so by proper order of the county commission.

(5) Construct and maintain all county roads on the basis of the county as a unit without regard to any district or beat lines.

(6) Employ, supervise, and direct any deputies and assistants necessary to assist the county engineer or chief engineer to properly perform all duties of the county engineer or chief engineer.

(d) It shall be the duty of the county commission to fix, from time to time, in accordance with prevailing economic conditions, the various scales of wages or salaries to be paid for labor necessary in the maintenance and construction of public roads, bridges, and ferries. The wage or salary scale shall not be exceeded by the engineer in employing labor and assistants.

(e) The county commission shall fix the amount of the salary of the county engineer or chief engineer, payable in equal monthly installments from appropriate road and bridge funds.

(f) Before entering upon his or her duties, the county engineer or chief engineer shall make and enter into a surety bond in the amount set from time to time by the county commission, payable to Elmore County, conditioned on the faithful discharge and performance of his or her duties as engineer, and for the faithful accounting of all monies or property of Elmore County which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama and shall be approved by the county commission. The premiums shall be paid by the county.

(g) The county commission shall furnish the county engineer or chief engineer with an office within the county and all necessary office supplies, equipment, communication, utilities, and necessary transportation to accomplish his or her duties under this section.

(h) The county engineer or chief engineer shall be the custodian and accountable to the county commission for all road machinery and equipment, tools, supplies, and repair parts owned by Elmore County. The county commission shall establish necessary policies and regulations governing accountability and relief therefrom. The county commission shall furnish the necessary storage and repair facilities for the tools, machinery, supplies, and equipment, and the county engineer or chief engineer shall keep on file in his or her office an up-to-date inventory containing a list of all tools, machinery, equipment, parts, and supplies owned by the county.

(i) Unless otherwise determined by the county commission, the authority of the county engineer or chief engineer shall be limited to the expenditure of funds appropriated by the county commission for engineering functions described in this section. The county commission shall fix and determine the amount of funds which will be available for the purpose of building, maintaining, and constructing public roads, bridges, and ferries of Elmore County for the ensuing fiscal year, beginning on October 1. That amount, other than the salary of the county engineer or chief engineer, and his or her necessary expenses, shall not be exceeded, except that the county commission, from time to time, within any period, may increase the amount allowed to be expended by the county engineer or chief engineer during the period, provided that the authorization does not conflict with other provisions of law.

(j) The county engineer or chief engineer shall make written requisition for all materials, machinery, equipment, and necessary supplies needed for the construction, maintenance, or repair of the public roads, bridges, and ferries of the county. The purchases shall be made in accordance with prevailing law.

(k) In the event of an emergency in which it would be impossible for the county commission to employ an engineer, the commission shall employ a competent road supervisor who need not be an engineer, but, when so employed shall have all the duties and authority of the county engineer or chief engineer and shall be subject to this section. The emergency employment of a competent road supervisor shall not continue longer than necessary to employ a qualified engineer who will accept employment by the commission under the terms of this section. It is the intention of this section to provide that the construction and maintenance of county roads, bridges, and ferries shall be under the supervision of a qualified engineer.

(l) Each member of the county commission shall inspect the roads and bridges of his or her district, from time to time, hear the suggestions and complaints of the residents, and report the suggestions or complaints to the county commission with his or her recommendations. The members of the county commission shall also assist in securing right-of-way and assist in public relations generally.
Ala. Code § 45-37-122.03 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-122.03
Section 45-37-122.03 Qualifications; Compensation; Political Activity; Bond
Status: in_force

(a) The county commission shall establish the qualifications of the county manager. The Jefferson County Personnel Board, at the direction of the county commission, may assist in establishing the qualifications. Notwithstanding the foregoing, the county manager shall possess a Master’s Degree in Public Administration, a Master’s Degree in Business Administration, or a Juris Doctorate degree from an accredited United States college or university or, in the alternative, a minimum of 10 years aggregate experience as the chief operating officer or chief executive officer of a public or private organization. The position of county manager shall be full-time in the service of Jefferson County.

(b) The annual salary of the county manager shall be set by the county commission at an amount at least equal to the median salary for a county manager of similar-sized counties in the southeastern United States.

(c) The county manager may not be a candidate for election and may engage in political activity on behalf of a candidate for election in any election within Jefferson County only as permitted in Section 17-1-4.

(d) The county manager, before entering the discharge of his or her duties, shall execute a nonrecourse bond with a solvent surety company licensed to do business in the county in an amount to be approved by the county commissioners, but no less than fifty thousand dollars ($50,000) payable to the county, conditioned on the faithful performance of his or her duties. The bond shall be secure against corruption, malfeasance, misappropriation, or unlawful expenditures. The cost of the bond shall be paid by the county. The bond shall be delivered to the county commission within five days of the county manager’s assuming his or her duties and, upon receipt, shall be filed by the commission clerk with the Probate Court of Jefferson County.

(e) The county commission may pay travel expenses related to the recruitment of a county manager and pay relocation expenses.

(f) The county manager may participate in any of the county’s benefit plans offered to full-time county employees.
Ala. Code § 45-5-246.03 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-246.03
Section 45-5-246.03 Collection of Tax
Status: in_force

The tax authorized to be levied by this part shall be collected at the same time and in the same manner as the state sales and use taxes are collected in the county.
Ala. Code § 45-31-141.09 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-141.09
Section 45-31-141.09 Board of Directors
Status: in_force

(a) The affairs and business of each district shall be managed by a board of directors composed of seven members. The initial members shall consist of seven members from the existing board of directors of the volunteer fire department serving the district. No person shall serve on the board unless the person is a qualified elector and resides in the district and is over the age of 21. Members of the board of directors of a district shall serve a term of four years; provided, however, that the initial terms shall be as follows: Of the seven members first elected, two shall be elected for a term of one year, two shall be elected for a term of two years, and three shall be elected for a term of four years. Their successors shall be elected from among those candidates who are nominated from the floor at the annual meeting of the district. The members of the board of the district shall be elected at the annual meeting by secret ballot of the district from among persons nominated. Any person who is a qualified elector and a resident of the district may vote on the election of the board of directors of a district.

(c) The board shall elect annually from its own number a president, secretary, and a treasurer. The members of the board shall not be entitled to any compensation for their services, but they shall be entitled to reimbursement for all expenses incurred by them in the performance of their duties.
Ala. Code § 45-8-202 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-202
Section 45-8-202 Establishment of Alexandria Branch Office
Status: in_force

(a) In Calhoun County, the county license commissioner shall establish a branch office in the community of Alexandria. The office shall be funded from the county general fund. All functions of the county license commission shall be available at the branch office.

(b) The Calhoun County Revenue Commissioner shall establish a branch office in Alexandria at the same location as the county license commissioner. The office shall be staffed for the collection of property taxes during the months of October, November, and December of each year.

(c) Any other county officer may establish a branch office at the same location upon approval of the county license commissioner.
Ala. Code § 45-29-82.02 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-82.02
Section 45-29-82.02 Supernumerary District Attorney
Status: in_force

A supernumerary district attorney for the Twenty-fourth Judicial Circuit granted supernumerary status in the Twenty-fourth Judicial Circuit after May 17, 2001, shall receive as additional compensation payable from the District Attorney’s Fund for the Twenty-fourth Judicial Circuit an amount equal to 30 percent of the salary paid to the supernumerary district attorney by the state. The additional compensation provided in this section shall be supplemental to the salary or compensation paid to the supernumerary district attorney by the state and shall be paid out of the District Attorney’s Fund in 12 equal monthly installments.
Ala. Code § 45-5-82.20 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-82.20
Section 45-5-82.20 Name and Address of Grantee; Liability; Falsification; Application
Status: in_force

(a) In Blount County no probate judge shall receive for record or permit the recording of any instrument in which the title to real property, or any interest therein, or lien thereon, is conveyed, granted, encumbered, assigned, or otherwise disposed of, unless such an instrument has endorsed on it, a printed, typewritten, or stamped statement showing the name and address of the grantee in the instrument.

(b) The probate judge shall not be liable in damages or penalty for any error or mistake in the performance of the duties prescribed by this section if committed in good faith.

(c) Any person who falsifies or is a party to the falsification of such a statement as described in subsection (a), shall be guilty of a misdemeanor.

(d) Subsection (a) shall not apply to any will, decree, court order, or judgment; to any instrument executed or acknowledged prior to October 1, 1984; nor to any instrument executed or acknowledged outside of the county or counties to which this section applies.
Ala. Code § 45-9-84.40 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-84.40
Section 45-9-84.40 Expense Allowance and Salary
Status: in_force

(a) The Legislature finds and declares the following:

(1) In Chambers County there has been an increase in the filing of cases involving mental health involuntary commitments resulting in increased probate court docket filing and other duties prescribed by the courts and the Legislature.

(2) It is the intent, by enactment of this section, to provide the judge of probate with additional compensation for the increase in judicial and administrative duties.

(b) The Judge of Probate of Chambers County shall receive an expense allowance of fifteen thousand six hundred dollars ($15,600) per annum payable in monthly installments commencing on August 1, 2005. The expense allowance shall be in addition to all other expense allowances and benefits granted to the judge of probate. The expense allowance shall be paid solely from funds generated by the office of the judge of probate and not from any funds received by Chambers County for the general fund.

(c) Beginning with the expiration of the term of the incumbent, the annual salary for the judge of probate shall be increased by fifteen thousand six hundred dollars ($15,600) per annum, payable in equal monthly installments from the general fund of the county. The office of the judge of probate shall reimburse the General Fund of Chambers County for this increase to include FICA taxes and the county contribution to the Retirement Systems of Alabama on behalf of the judge of probate.
Ala. Code § 45-20-82.21 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-82.21
Section 45-20-82.21 Investigators
Status: in_force

Investigators for the district attorney’s office in the Twenty-second Judicial Circuit are authorized and empowered to make arrests and serve search warrants in the performance of their official duties to the same extent as deputy sheriffs are so authorized and empowered.
Ala. Code § 45-1-242.27 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-242.27
Section 45-1-242.27 Liability of Personnel
Status: in_force

The personnel of volunteer fire departments provided for in this subpart shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments.
Ala. Code § 45-2-120 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-120
Section 45-2-120 Purpose
Status: in_force

The purpose of this article is to establish a Baldwin County personnel merit system in order to maintain high quality employee conduct, integrity, and concern for the public interest.
Ala. Code § 45-37-81.03 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-81.03
Section 45-37-81.03 District and Circuit Courts - Bessemer Division Law Library Fund
Status: in_force

(a) This section shall be operative only in Jefferson County.

(b) Notwithstanding any special, local, or general law to the contrary, there is levied on all cases filed in circuit and district court in the Tenth Judicial Circuit, the Bessemer Division, an additional court cost of three dollars ($3) which shall be in addition to the fees presently in effect. When collected by the clerk of the court, the fees shall be remitted by the clerk to the Bessemer Division Law Library Fund.
Ala. Code § 45-49-231.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-231.03
Section 45-49-231.03 Relation to State Provisions
Status: in_force

Mobile County shall be exempt from any law passed by the 1981 Regular Session of the Alabama Legislature increasing the salaries of state troopers or any other employee of the Alabama Department of Public Safety. No funds shall be paid from the county treasury to deputy sheriffs or any other employees of the Mobile County Sheriff for any salary increases required by any act of the 1981 Alabama Legislature increasing the salaries of state troopers or any other employees of the Alabama Department of Public Safety.
Ala. Code § 45-45-201.05 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-201.05
Section 45-45-201.05 Deputy Director
Status: in_force

The director of the department may appoint a deputy director of the department, who shall perform duties as the director may prescribe, and who, in the absence of the director, shall have the same powers and authority herein granted to the director of the department. The director of the department also may appoint a sufficient number of clerks and assistants properly to perform the duties of the office. Their compensation shall be fixed by the county governing body and paid out of the general fund of the county in the same manner as the salaries of other county employees are paid.
Ala. Code § 45-17-91.21 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-91.21
Section 45-17-91.21 Creation of the Committee; Membership; Officers
Status: in_force

(a) There is created the Shoals Industrial Development Committee, which shall be an intergovernmental agency or instrumentality of each of the counties. The committee shall be composed of 10 members, who shall serve ex officio or shall be appointed, and who shall serve for such terms of office, as is specified in this section.

(b)(1) The following public officials shall serve ex officio as members of the committee, each for a term co-extensive with his or her term of office as such public official:

a. The Mayor of the City of Florence.

b. The Mayor of the City of Muscle Shoals.

c. The Mayor of the City of Sheffield.

d. The Mayor of the City of Tuscumbia.

e. The Chair of the Lauderdale County Commission.

(2) The initial term of office, as a member of the committee, of each of the foregoing public officials who holds office on May 31, 2007, shall commence on August 1, 2007. In case of any vacancy, from whatever cause, in the office of mayor or chair of any of the foregoing public bodies, his or her successor as mayor or chair shall serve ex officio as a member of the committee, commencing on the date on which he or she assumes the duties of mayor or chair.

(c)(1) The following public officials shall serve ex officio as members of the committee, each for a term co-extensive with his or her term of office as such public official, but subject to immediate termination prior thereto at any time upon action of the public body by which such member was appointed:

a. One member of the Colbert County Commission, who shall be appointed by such commission.

b. One member of the Lauderdale County Commission, who shall be appointed by such commission.

c. One member of the City Council of the City of Florence, who shall be appointed by such city council.

(2) The initial term of office, as a member of the committee, of each of the foregoing public officials who holds office on May 31, 2007, shall commence on August 1, 2007. Each such public official shall be eligible for reappointment as a member of the committee during any subsequent term of office he or she may have as a member of either of the county commissions or the city council. In case of a vacancy resulting from the expiration, whether by resignation or any other cause, or prior termination of such public official’s term of office as a member of the committee, the public body which appointed such member shall, within 30 days following the occurrence of such vacancy, appoint a successor from among its other members. The term of office of such successor, as a member of the committee, shall commence immediately upon his or her appointment as such.

(d)(1) The individual at the time serving as mayor of one of the following towns shall serve ex officio as a member of the committee, but only for the term herein specified: a. The Mayor of the Town of Anderson, in Lauderdale County, for a term of one calendar year, commencing on August 1 in the year 2007 and on August 1 in each sixth year thereafter.

b. The Mayor of the Town of Killen, in Lauderdale County, for a term of one calendar year, commencing on August 1 in the year 2008 and on August 1 in each sixth year thereafter.

c. The Mayor of the Town of Lexington, in Lauderdale County, commencing on August 1 in the year 2009 and on August 1 in each sixth year thereafter.

d. The Mayor of the Town of Rogersville, in Lauderdale County, commencing on August 1 in the year 2010 and on August 1 in each sixth year thereafter.

e. The Mayor of the Town of St. Florian, in Lauderdale County, commencing on August 1 in the year 2011 and on August 1 in each sixth year thereafter.

f. The Mayor of the Town of Waterloo, in Lauderdale County, commencing on August 1 in the year 2012 and on August 1 in each sixth year thereafter.

(2) In the event that such individual’s term of office as mayor expires prior to the expiration of his or her one-year term as a member of the committee, his or her successor as mayor shall serve ex officio as a member of the committee, commencing on the date on which he or she assumes the duties of mayor, but only for the remainder of such one-year term.

(e)(1) The individual at the time serving as mayor of one of the following towns shall serve ex officio as a member of the committee, but only for the term herein specified:

a. The Mayor of the Town of Cherokee, in Colbert County, for a term of two calendar years, commencing on August 1 in the year 2007 and on August 1 in each sixth year thereafter.

b. The Mayor of the Town of Leighton, in Colbert County, for a term of two calendar years, commencing on August 1 in the year 2009 and on August 1 in each sixth year thereafter.

c. The Mayor of the Town of Littleville, in Colbert County, for a term of two calendar years, commencing on August 1 in the year 2011 and on August 1 in each sixth year thereafter.

(2) In the event that such individual’s term of office as mayor expires prior to the expiration of his or her two-year term as a member of the committee, his or her successor as mayor shall serve ex officio as a member of the committee, commencing on the date on which he or she assumes the duties of mayor, but only for the remainder of such two-year term.

(f) The committee shall elect from among its members a chair, a vice chair, and a secretary, each of whom shall be elected to serve a term of one year, beginning on August 1 in 2007 and on August 1 in each calendar year thereafter. The duties of such officers shall be such as are customarily performed by such officers and as may be prescribed by the committee.
Ala. Code § 45-37-41.04 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-41.04
Section 45-37-41.04 Promotional Claims
Status: in_force

A tanning facility shall not claim or distribute promotional materials that claim a tanning device is safe or free from risk.
Ala. Code § 45-20-82.64 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-82.64
Section 45-20-82.64 Manner of Enforcement
Status: in_force

(a) After notification, as provided in Section 45-20-82.63, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments including any of the following:

(1) A petition for revocation of probation.

(2) A show cause petition for contempt of court.

(3) Any other civil or criminal proceedings which may be authorized by law or by rule of court.

(b) In addition, the district attorney may issue appropriate notices to inform the defendant of the noncompliance of the defendant and a warning of the penalty for noncompliance.
Ala. Code § 45-37A-52.271 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.271
Section 45-37A-52.271 Separability Clause
Status: in_force

If any section or part of section of this part shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this part nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.
Ala. Code § 45-27-120.01 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-120.01
Section 45-27-120.01 Definitions
Status: in_force

The following words and phrases when used in this article shall, for the purpose of this article, have meanings respectively ascribed to them in this section, except when the context otherwise requires:

(1) APPOINTING AUTHORITY. All persons having the authority to hire employees for their department.

(2) CLASSIFIED EMPLOYEE. An individual who is assigned to an ongoing position, full- or part-time, authorized by the county commission, and whose salary is paid with funds allocated by the county commission, regardless of the source of those funds, and who must initially complete a probationary period.

(3) COUNTY. Escambia County, Alabama.

(4) COUNTY COMMISSION. The governing body of Escambia County or any succeeding governing system that may be established.

(5) DEPARTMENT. Personnel department.

(6) EMPLOYEE. Any individual who works for the county in a temporary, part-time, classified, or unclassified position whose salary is paid with funds allocated by the county commission.

(7) PART-TIME EMPLOYEE. An individual who works for the county on an on going basis and is regularly scheduled to work less than 30 hours per week.

(8) PERSONNEL DEPARTMENT. A department of the county commission authorized to carry out all personnel and related matters as designated by the county commission.

(9) TEMPORARY EMPLOYEE. An individual who works for the county for a predetermined time period that is no more than six months.

(10) UNCLASSIFIED EMPLOYEE. An individual who works for the county and whose employment is the same as a classified employee except he or she serves at the pleasure of an elected official. An elected official must request the approval of the county commission before hiring an unclassified employee.

(11) VACANCY. A position approved and funded by the county commission which is currently unoccupied.
Ala. Code § 45-41A-10.05 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.05
Section 45-41A-10.05 Amendments to Certificate of Incorporation
Status: in_force

(a) The certificate of incorporation of the authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section. The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which shall be set forth in full in the resolution and which amendment may include any matters which might have been included in the original certificate of incorporation. After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the chair of the board and the secretary of the authority shall sign and file a written application in the name of and on behalf of the authority, under its seal, with the governing body of the city, requesting such governing body to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendment to the certificate of incorporation, together with such documents in support of the application as the chair may consider appropriate. As promptly as may be practicable after the filing of the application with the governing body of the city pursuant to the foregoing provisions of this section, that governing body shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. Such governing body shall also cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken.

(b) Within 40 days following the adoption by the governing body of the city of a resolution approving the proposed amendment the chair of the board of the authority and the secretary of the authority shall sign, and file for record in the office of the Judge of Probate of Lee County, a certificate in the name of and in behalf of the authority under its seal reciting the adoption of the respective resolutions by the board and by the governing body and setting forth the proposed amendment. The judge of probate for such county shall thereupon record such certificate in an appropriate book in his or her office. When such certificate has been so filed and recorded, such amendment shall become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation of the authority shall be amended except in the manner provided in this section.
Ala. Code § 45-43-244 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-244
Section 45-43-244 Definitions
Status: in_force

For the purposes of this part, the following terms shall have the respective meaning ascribed by this section:

(1) COUNTY. Lowndes County.

(2) DISTRIBUTOR. Any person who engages in the selling of gasoline or motor fuel in this state by wholesale domestic trade, but shall not apply to any transaction of such distributor in interstate commerce.

(3) GASOLINE. Gasoline, naphtha, and other liquid motor fuels or any device or substitute therefor commonly used in internal combustion engines; provided, that such term shall not be held to apply to those products known commercially as kerosene oil, fuel oil, or crude oil when used for lighting, heating, or industrial purposes.

(4) MOTOR FUEL. Tractor fuel, gas, oil, distillate or liquefied gas, kerosene, jet fuel, or any substitutes or devices therefor when sold, distributed, stored, or withdrawn from storage in any county for use in the operation of any motor vehicle upon the highways of this state.

(5) PERSON. Persons, corporations, copartnerships, companies, agencies, associations, incorporated or otherwise, singular or plural.

(6) REFINER. Any person who manufactures, distills, blends, compounds, or mixes any one or more products in the production of gasoline or motor fuel as herein defined.

(7) RETAIL DEALER. Any person herein defined as a distributor who is also engaged in the selling of gasoline or motor fuel in this state at any place in this state in broken quantities.

(8) STORER. Any person who ships or causes to be shipped or receives gasoline or motor fuel into this state in any quantities and stores the same in any manner and withdraws or uses the same for any purpose.

(9) USER. Any person who uses or consumes gasoline or motor fuel in this state in any manner or for any purpose; provided, that the term user is not to include any refiner who has a refinery or refineries located within the State of Alabama when using gasoline or motor fuel in the manufacturing or refining process, or any person who holds a federal permit to blend motor fuels under the federal law and statutes and who pays the federal excise tax on such motor fuels directly to the federal government, when such person uses gasoline in this state in such blending process.
Ala. Code § 45-23-240 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-240
Section 45-23-240 Expense Allowance; Salary
Status: in_force

(a) The Revenue Commissioner of Dale County shall be entitled to receive an additional expense allowance in the amount of seven thousand five hundred dollars ($7,500) per annum; of which three thousand dollars ($3,000) shall be for the operation of the one-stop tag program, and which shall be in addition to all other expense allowances, compensation, or salary provided by law. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(b) Beginning with the expiration of the term of the incumbent revenue commissioner, the annual salary for the Revenue Commissioner of Dale County shall be increased by seven thousand five hundred dollars ($7,500), payable in equal monthly installments from the general fund of the county and at that time, (a) shall become null and void.
Ala. Code § 45-26-247 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-247
Section 45-26-247 Levy and Calculation of County Rental Tax; Collection; Disposition of Funds
Status: in_force

(a) In addition to all other taxes, beginning September 1, 2025, there is levied a privilege tax, to be called a rental tax, on each person leasing or renting tangible personal property as provided by this section. (b) The Revenue Commissioner of Elmore County shall calculate the rates for the tax levied by this section using the formulas as provided in subsection (c) rounded to the nearest one tenth of a percent and shall publish notice of the rates by August 1, 2025. (c)(1) a. The rate for each incorporated area of the county, including any police jurisdiction, shall be equal to the difference of the following: 1. Nine and one-half percent; LESS 2. The lesser of the following: (i) The general state rental tax rate levied pursuant to Section 40-12-222(a)(1); or (ii) Four percent; LESS 3. The applicable general rental or lease tax rate levied on the rental of tangible personal property by a municipality in the incorporated area or police jurisdiction. b. If the calculation from paragraph a. results in a negative number, no county rental tax shall be levied by this section. (2) The rate for unincorporated areas of the county, not to include any police jurisdiction, shall be an amount equal to the greater of: a. Five and one-half percent; or b. The difference of the following: 1. Nine and one-half percent; LESS 2. The lesser of the following: (i) The general state rental tax rate levied pursuant to Section 40-12-222(a)(1); or (ii) Four percent. (d) Upon any change in the rates referenced in subsection (c) that are used to calculate the county rental tax rate, the revenue commissioner shall recalculate the county rental tax rates in subsection (c) and publish notice of the new rate adjustment. (e) The county commission shall certify by resolution the county rental tax rates levied by this section, including any recalculations provided by subsection (d). (f)(1) Except as provided in subdivision (2), the tax levied by this section shall parallel the tax imposed by Article 4 of Chapter 12 of Title 40. This tax shall apply to the same persons and transactions to which that tax applies. (2) Notwithstanding subdivision (1), the rental or lease of a motor vehicle that is required to be registered pursuant to Article 5 of Chapter 12 of Title 40 is exempt from this section. (g) The county commission shall provide for the collection and administration of this tax by resolution. (h)(1) The proceeds of this tax shall be deposited into the Enhance Elmore Fund. (2) The county commission shall appropriate the proceeds of this tax as follows: a. Ninety percent for infrastructure. b. Ten percent for economic development.

(b) The Revenue Commissioner of Elmore County shall calculate the rates for the tax levied by this section using the formulas as provided in subsection (c) rounded to the nearest one tenth of a percent and shall publish notice of the rates by August 1, 2025.

(c)(1) a. The rate for each incorporated area of the county, including any police jurisdiction, shall be equal to the difference of the following:

1. Nine and one-half percent;

LESS

2. The lesser of the following:

(i) The general state rental tax rate levied pursuant to Section 40-12-222(a)(1); or

(ii) Four percent;

LESS

3. The applicable general rental or lease tax rate levied on the rental of tangible personal property by a municipality in the incorporated area or police jurisdiction.

b. If the calculation from paragraph a. results in a negative number, no county rental tax shall be levied by this section.

(2) The rate for unincorporated areas of the county, not to include any police jurisdiction, shall be an amount equal to the greater of:

a. Five and one-half percent; or

b. The difference of the following:

1. Nine and one-half percent;

LESS

2. The lesser of the following:

(i) The general state rental tax rate levied pursuant to Section 40-12-222(a)(1); or

(ii) Four percent.

(d) Upon any change in the rates referenced in subsection (c) that are used to calculate the county rental tax rate, the revenue commissioner shall recalculate the county rental tax rates in subsection (c) and publish notice of the new rate adjustment.

(e) The county commission shall certify by resolution the county rental tax rates levied by this section, including any recalculations provided by subsection (d).

(f)(1) Except as provided in subdivision (2), the tax levied by this section shall parallel the tax imposed by Article 4 of Chapter 12 of Title 40. This tax shall apply to the same persons and transactions to which that tax applies.

(2) Notwithstanding subdivision (1), the rental or lease of a motor vehicle that is required to be registered pursuant to Article 5 of Chapter 12 of Title 40 is exempt from this section.

(g) The county commission shall provide for the collection and administration of this tax by resolution.

(h)(1) The proceeds of this tax shall be deposited into the Enhance Elmore Fund.

(2) The county commission shall appropriate the proceeds of this tax as follows:

a. Ninety percent for infrastructure.

b. Ten percent for economic development.
Ala. Code § 45-37A-54.68 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-54.68
Section 45-37A-54.68 Meetings; Recordkeeping
Status: in_force

The authority shall meet at such time as may be appropriate or necessary. An accurate record in the form of a minute book shall be kept of the business transacted, or the actions taken, at such meetings. The authority shall keep, or cause to be kept, in its principal office the minute book and in addition thereto all other books, or sets of books, documents, files, papers, and letters and copies of letters pertaining to the enterprises and activities of the authority so as to afford at all reasonable hours accurate information pertaining o the activities and finances of the authority.
Ala. Code § 45-21A-10.08 — Alabama Code / Title 45 / Chapter 21A / Section 45-21A-10.08
Section 45-21A-10.08 Fees; Records of Adjudication of Civil Violations
Status: in_force

The city may provide by ordinance that a late fee not exceeding twenty-five dollars ($25) shall attach to untimely paid civil fines that are authorized in this article. No person may be arrested or incarcerated for nonpayment of a civil fine or late fee. No record of an adjudication of civil violation made under this article shall be listed, entered, or reported on any criminal record or driving record, whether the record is maintained by the city or an outside agency. An adjudication of civil violation provided for in this article shall not be considered a conviction for any purpose, shall not be used to increase or enhance punishment for any subsequent offense of a criminal nature, shall not be considered a moving violation, and shall not be used by any insurance company to determine or affect premiums or rates unless an accident occurred due to the violation. The fact that a person is held liable or responsible for a civil fine for a speeding violation shall not be used as evidence that the person was guilty of negligence or other culpable conduct, and any evidence generated by an automated photographic speeding enforcement system may only be used as evidence in other proceedings if it is or becomes admissible under the rules of evidence applicable therein.
Ala. Code § 45-10-60.04 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-60.04
Section 45-10-60.04 Deputy Coroner
Status: in_force

The Coroner of Cherokee County may appoint a qualified person to serve as deputy coroner to perform the duties of the coroner when the coroner is unavailable or absent or when the coroner is incapacitated. When called upon to serve, the deputy coroner shall have the same legal authority and responsibility as the coroner. The annual salary of the deputy coroner shall be six thousand dollars ($6,000) per year payable from the general fund of the county. Notwithstanding the foregoing, the county commission, after May 22, 2019, may adjust and increase the salary of the deputy coroner as it determines necessary.
Ala. Code § 45-17-240.21 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-240.21
Section 45-17-240.21 Duties of County Treasurer Transferred
Status: in_force

In Colbert County, the procedure for selling and redeeming real property and lands for delinquent taxes in the county shall be the same as provided in Title 40, Chapter 10, except that all such duties and powers prescribed for and performed by the county treasurer shall be transferred to and the same shall be performed by the county tax collector.
Ala. Code § 45-24-82.29 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-82.29
Section 45-24-82.29 Connection Fees
Status: in_force

Connection fees may be established and assessed by the judge of probate for any individual, company, corporation, or any other entity, wishing to access or retrieve, or both, public records from the probate office. The judge of probate reserves the right to charge fees according to the type or level of access, or both, desired by the individual, company, corporation, or any other entity. The minimum connection fee shall be one hundred fifty dollars ($150). Any and all revenues generated, whether directly or indirectly, due to the use of or access to the improved recording, archiving, and retrieving system shall be paid directly into the general fund of the county. These funds shall be used at the discretion of the judge of probate.
Ala. Code § 45-39-101.01 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-101.01
Section 45-39-101.01 Term of Office; Assumption of Duties
Status: in_force

At the general election held in Lauderdale County wherein the Lauderdale County Superintendent of Education shall be elected, he or she shall assume office on the first Monday in January immediately following the election and shall hold office for a term of four years and until his or her successor is elected and qualified, unless sooner removed for good cause, and each four years thereafter, the Lauderdale County Superintendent of Education shall be elected by the qualified electors of the county residing outside of the corporate limits of the City of Florence, at the regular election, and nomination for this office may be made in primary elections as other county officers.
Ala. Code § 45-49-151.40 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-151.40
Section 45-49-151.40 Limitations on Construction or Operation of Racetrack in County
Status: in_force

(a) The Mobile County Commission shall not license the construction or operation of any racetrack, for any purpose, in an area of the county that has five or more residences within 1,000 yards of the location for the racetrack.

(b) No person shall construct or operate a racetrack, for any purpose, in any area of the county within 1,000 yards of the location of the residence. Any person who violates this section shall be guilty of a public nuisance.

(c)(1) This section shall be enforced by the Mobile County Commission.

(2) The Mobile County Commission may commence a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile County, Alabama, to abate or enjoin any violation of this section. In any action pursuant to this subdivision, the Circuit Court of Mobile County, Alabama, is authorized to assess all costs of abating a public nuisance declared by this section, including attorney’s fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance.

(d) This section shall not be applicable for any existing racetrack in operation on May 28, 1996.
Ala. Code § 45-17-242.06 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-242.06
Section 45-17-242.06 Disposition of Funds for Hospital Purposes
Status: in_force

The proceeds of the tax authorized by this part, if imposed, less the cost of collection as provided herein, shall be paid into the county treasury, and all revenues arising therefrom shall be appropriated by the county governing body for the use of any public corporation which may be organized in the county for the purpose of acquiring, constructing, equipping, enlarging, improving, operating, and maintaining a hospital in the county. Such public corporation may pledge any portion of such revenues as security for the payment of the principal of and the interest on any bonds, securities, or other notes or evidences of indebtedness heretofore, or which hereafter may be, issued by such corporation for the purpose of acquiring, constructing, equipping, enlarging, and improving a hospital in the county; and any portion of the proceeds of the tax not so pledged shall be used for the support, maintenance, and operation of such hospital.
Ala. Code § 45-27A-31.23 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.23
Section 45-27A-31.23 Construction of Part
Status: in_force

The provisions of this part are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with this part.
Ala. Code § 45-35A-54.29 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.29
Section 45-35A-54.29 Statement of Contributions
Status: in_force

Each candidate for city office provided for by this part, not later than 30 days after the election, shall file with the county judge of probate his or her sworn itemized statement in detail of each contribution received by him or her or any person or committee acting in his or her behalf, specifying the amount of same, the full name and address of the contributor, and each campaign-related expenditure in excess of fifty dollars ($50), specifying the name and address of the person or company to whom the expenditure was made. The statement shall also list the total amount of contributions received and the total amount of campaign expenditures made by the candidate or any person or committee acting in his or her behalf. The statement shall be published one time, at the expense of the city, in a newspaper of general circulation in the city.
Ala. Code § 45-57-150.15 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150.15
Section 45-57-150.15 Contraband
Status: in_force

Any device, equipment, record, money, or stakes used in any bingo game or operation in violation of this act, may be contraband and may be seized and be forfeited. Property forfeited may be sold, destroyed, or retained for official use by the municipal, county, state, or law enforcement agencies, as the circuit court directs following a full due process hearing.
Ala. Code § 45-28-230 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-230
Section 45-28-230 Employees
Status: in_force

(a) In Etowah County, each employee of the office of the sheriff designated by the sheriff shall receive a uniform maintenance allowance in the amount of forty dollars ($40) per month.

(b) In addition to any other compensation provided by law, each employee who is engaged in hazardous duties shall be paid, upon certification of the sheriff to the county commission that the employee performs hazardous duties, the amount of sixty dollars ($60) per month.

(c) All allowances and compensation paid under the provisions of this section shall be paid out of such funds and in the same manner as other compensation to such deputy sheriffs is paid.
Ala. Code § 45-29-71.08 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-71.08
Section 45-29-71.08 Vacancies
Status: in_force

A vacancy occurring in the office of commissioner shall be filled in the manner otherwise provided by law concerning the filling of vacancies of county commissioners.
Ala. Code § 45-49-240.21 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-240.21
Section 45-49-240.21 Expense Allowance
Status: in_force

The Tax Assessor of Mobile County shall receive an additional expense allowance of two hundred fifty dollars ($250) per month, payable from the county general fund in monthly installments.
Ala. Code § 45-57-244 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-244
Section 45-57-244 Special County Privilege License and Excise Taxes
Status: in_force

The Russell County Commission may levy in that part of Russell County outside the corporate limits of the Cities of Hurtsboro and Phenix City, in addition to all other taxes now imposed by law, a special county sales and use tax paralleling state sales and use taxes now in effect. The taxes may be levied by resolution duly adopted by the county commission in the manner and at the rates as hereinafter prescribed:

(1) Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdiction of the Cities of Hurtsboro and Phenix City in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidence of debt or stocks, nor sale or sales of material and supplies to any person for use in fulfilling a contract for the painting, repair, or reconditioning of vessels, barges, ships, and other watercraft of over 50 tons burden), an amount equal to three percent of the gross proceeds of sales of the business except that, in those areas of the county which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdictions of those cities the tax shall be levied in an amount equal to only one and one-half percent of the gross proceeds of sales of the business. Provided, however, that any person engaging or continuing a business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of those businesses at the rates specified when his or her books are kept so as to show separately the gross proceeds of sales of each business, and when his or her books are not so kept he or she shall pay the tax as retailer on the gross sales of the business.

(2) Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdiction, of the Cities of Hurtsboro and Phenix City in the business of conducting or operating places of amusement or entertainment, billiard, and pool rooms, bowling alleys, amusement devices, theaters, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games (including athletic contests conducted by or under the auspices of any educational institution, within those part of Russell County, or any athletic association thereof, or other association whether the institution or association be denominational, a state, county, or a municipal institution or association, or a state, a county, or a city school, or other institution, association, or school), skating rinks, race tracks, golf courses, or any other place, at which any exhibition, display, amusement, or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description, conducted or carried on within that part of Russell County, an amount equal to three percent of the gross receipts of any such business except that in those areas of the county which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdiction of those cities the tax shall be levied in an amount equal to only one and one-half percent of the gross receipts of any such business. (3) Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdictions of the Cities of Hurtsboro and Phenix City in the business of selling at retail machines or machinery used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property an amount one and one-half percent of the gross proceeds of the sale of the machines except that in those areas of the county, which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdictions of those cities those tax shall be levied in an amount equal to three-fourths of one percent of the gross proceeds of sales of the business provided, that the term machines, as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of those machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of the machines and which are necessary to the operation of such machines and are customarily so used. (4)a. Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdictions of the Cities of Hurtsboro and Phenix City in the business of selling at retail any automotive vehicle or truck trailer, semitrailer, or manufactured home an amount equal to one and one-half percent of the gross proceeds of the sale of the automotive vehicle or truck trailer, semitrailer, or manufactured home except that in those areas of the county, which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdictions of those cities the tax shall be levied in an amount equal to three-fourths of one percent of the gross proceeds of sales of the business; provided, however, where a person subject to the tax provided for in this subdivision withdraws from his or her stock in trade any automotive vehicle or truck trailer, semitrailer, or manufactured home for use by him, her, or by his or her employee or agent in the operation of the business, there shall be paid, in lieu of the tax levied herein, a fee of five dollars ($5) per year or part thereof during which the automotive vehicle, truck trailer, semitrailer, or manufactured home shall remain the property of the person. Each year or part thereof shall begin with the day or anniversary date, as the case may be, of the withdrawal, and shall run for the 12 succeeding months, or part thereof, during which the automotive vehicle, truck trailer, semitrailer, or manufactured home shall remain the property of such person.

(3) Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdictions of the Cities of Hurtsboro and Phenix City in the business of selling at retail machines or machinery used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property an amount one and one-half percent of the gross proceeds of the sale of the machines except that in those areas of the county, which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdictions of those cities those tax shall be levied in an amount equal to three-fourths of one percent of the gross proceeds of sales of the business provided, that the term machines, as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of those machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of the machines and which are necessary to the operation of such machines and are customarily so used. (4)a. Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdictions of the Cities of Hurtsboro and Phenix City in the business of selling at retail any automotive vehicle or truck trailer, semitrailer, or manufactured home an amount equal to one and one-half percent of the gross proceeds of the sale of the automotive vehicle or truck trailer, semitrailer, or manufactured home except that in those areas of the county, which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdictions of those cities the tax shall be levied in an amount equal to three-fourths of one percent of the gross proceeds of sales of the business; provided, however, where a person subject to the tax provided for in this subdivision withdraws from his or her stock in trade any automotive vehicle or truck trailer, semitrailer, or manufactured home for use by him, her, or by his or her employee or agent in the operation of the business, there shall be paid, in lieu of the tax levied herein, a fee of five dollars ($5) per year or part thereof during which the automotive vehicle, truck trailer, semitrailer, or manufactured home shall remain the property of the person. Each year or part thereof shall begin with the day or anniversary date, as the case may be, of the withdrawal, and shall run for the 12 succeeding months, or part thereof, during which the automotive vehicle, truck trailer, semitrailer, or manufactured home shall remain the property of such person.

(4)a. Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdictions of the Cities of Hurtsboro and Phenix City in the business of selling at retail any automotive vehicle or truck trailer, semitrailer, or manufactured home an amount equal to one and one-half percent of the gross proceeds of the sale of the automotive vehicle or truck trailer, semitrailer, or manufactured home except that in those areas of the county, which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdictions of those cities the tax shall be levied in an amount equal to three-fourths of one percent of the gross proceeds of sales of the business; provided, however, where a person subject to the tax provided for in this subdivision withdraws from his or her stock in trade any automotive vehicle or truck trailer, semitrailer, or manufactured home for use by him, her, or by his or her employee or agent in the operation of the business, there shall be paid, in lieu of the tax levied herein, a fee of five dollars ($5) per year or part thereof during which the automotive vehicle, truck trailer, semitrailer, or manufactured home shall remain the property of the person. Each year or part thereof shall begin with the day or anniversary date, as the case may be, of the withdrawal, and shall run for the 12 succeeding months, or part thereof, during which the automotive vehicle, truck trailer, semitrailer, or manufactured home shall remain the property of such person.

b. Where any used automotive vehicle or truck trailer, semitrailer, or manufactured home is taken in trade, or in a series of trades, as a credit, or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less a credit for the used vehicle taken in trade. (5)a. Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdiction of the Cities of Hurtsboro and Phenix City in the business of selling at retail any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of those machines, machinery, or equipment, attachments and replacements thereof which are made or manufactured for use on or in the operation of the machine, machinery, or equipment, and which are necessary to and customarily used in the operation of the machine, machinery, or equipment, an amount equal to one and one-half percent of the gross proceeds of the sale thereof except that in those areas of the county which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdiction of those cities the tax shall be levied in an amount equal to three-fourths of one percent of the gross proceeds of sales of the business. Provided, however, the farm rates herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. b. Where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold less the credit for the used machine, machinery, or equipment taken in trade.

(5)a. Upon every person, firm, or corporation engaged or continuing within that part of Russell County outside the police jurisdiction of the Cities of Hurtsboro and Phenix City in the business of selling at retail any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of those machines, machinery, or equipment, attachments and replacements thereof which are made or manufactured for use on or in the operation of the machine, machinery, or equipment, and which are necessary to and customarily used in the operation of the machine, machinery, or equipment, an amount equal to one and one-half percent of the gross proceeds of the sale thereof except that in those areas of the county which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdiction of those cities the tax shall be levied in an amount equal to three-fourths of one percent of the gross proceeds of sales of the business. Provided, however, the farm rates herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. b. Where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold less the credit for the used machine, machinery, or equipment taken in trade.

b. Where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold less the credit for the used machine, machinery, or equipment taken in trade.

(6) Upon every person, firm or corporation engaged or continuing within that part of Russell County outside the police jurisdiction of the Cities of Hurtsboro and Phenix City in the business of selling through coin-operated dispensing machines, food and food products for human consumption, not including beverages other than coffee, milk, milk products, and substitutes therefor, there is hereby levied a tax equal to three percent of the cost of the food, food products, and beverages sold through the machines except that in those areas of the county which are situated outside of the corporate limits of the Cities of Hurtsboro and Phenix City but within the police jurisdiction of those cities the tax shall be levied in an amount equal to only one and one-half percent of the cost of the food, food products, and beverages sold through the machines, which cost for the purpose of this subdivision shall be the gross proceeds of sales of the business.
Ala. Code § 45-45-201.11 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-201.11
Section 45-45-201.11 Transfer of Duties - Judge of Probate
Status: in_force

Any and all duties now or which may hereafter be required by law of judges of probate with reference to the registration, sale, and distribution of tags for motor vehicles, the issuance of motor vehicle drivers licenses and temporary instruction permits, and the transfer of the ownership of motor vehicles, and the collection and issuance of all other licenses, except marriage licenses, shall be performed by the director of the department, and the director of the department shall be entitled to collect all fees, commissions, charges, penalties, and allowances now or hereafter fixed by law for judges of probate to collect in connection with the performance of those duties, and the judge of probate is relieved from any and all duties, liabilities, and responsibilities in reference thereto. The fees, commissions, charges, penalties, and allowances collected by the director of the department in connection with the performance of the duties hereinabove enumerated shall be distributed as now, or as hereinafter, provided by law, either general or local. All records in the custody of the judge of probate relating to the duties herein imposed on the director of the department, upon September 17, 1971, shall be delivered to the director of the department for the county.
Ala. Code § 45-42-162.05 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-162.05
Section 45-42-162.05 Assumption of Functions of Special Districts
Status: in_force

The metropolitan-government created by this part, and approved by the voters, on 60 days’ notice, may at any time thereafter assume all functions, rights, duties, personnel, property, assets, and liabilities of any independent special district operating within the geographical jurisdiction of the metropolitan, which district may thereupon be dissolved.
Ala. Code § 45-2A-80.06 — Alabama Code / Title 45 / Chapter 2A / Section 45-2A-80.06
Section 45-2A-80.06 Exemption from the Jurisdiction and Control of Alabama Public Service Commission
Status: in_force

For the transaction of business pursuant to this article, the municipal corporation shall be exempt from the jurisdiction and control of the Alabama Public Service Commission with respect to such business.
Ala. Code § 45-43-246.66 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-246.66
Section 45-43-246.66 Applicability of State Provisions
Status: in_force

All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax, making of reports, keeping and preserving records, penalties for failure to pay the tax, promulgating rules and regulations with respect to the state sales and use tax, and the administration and enforcement of the state sales and use tax statutes which are not inconsistent with this subpart shall apply to the tax levied under this subpart. The collection agency shall have and exercise the same powers, duties, and obligations with respect to the tax levied under this subpart that are imposed on the commissioner and department by the state sales and use tax statutes. All provisions of the state sales and use tax statutes that are made applicable by this subpart to the tax levied under this subpart, and to the administration and enforcement of this subpart, are incorporated by reference and made a part of this subpart as if fully set forth herein.
Ala. Code § 45-28-150.08 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-150.08
Section 45-28-150.08 Bingo Games - Charitable or Educational Purposes of Proceeds
Status: in_force

The net proceeds of a bingo game shall be devoted to the charitable or educational purposes of the qualified organization, pursuant to subdivision (6) of Section 45-28-150.01, provided, however, all reasonable expenses incurred or paid in connection with the holding, operating, or conducting of bingo, including the following bona fide expenses, in reasonable amounts, shall be allowed:

(1) The purchase or rental of equipment necessary for conducting bingo and payment of services reasonably necessary for the repair of equipment.

(2) Payment of cash prizes or the purchase of prizes of merchandise.

(3) Reasonable rental or payment on the location at which bingo is conducted.

(4) Utilities.

(5) Janitorial services.

(6) The fee required for issuance or reissuance of a permit to conduct bingo.

(7) Other reasonable expenses incurred by the permit holder, not inconsistent with this article.
Ala. Code § 45-2-243.54 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-243.54
Section 45-2-243.54 Notice Requirements
Status: in_force

The notice provided for in the preceding section shall state that, at a time and place therein mentioned, not less than 20 days from the date of publication, the Baldwin County Commission shall meet to hear and determine any objections or defense that may be filed to such assessment or the amount thereof. The county commission shall also verify that the two-thirds approval requirement provided in Section 45-2-243.50 is met.
Ala. Code § 45-23-130.01 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-130.01
Section 45-23-130.01 Employment of County Engineer; Qualifications; Requirements
Status: in_force

The Dale County Commission, or any succeeding county governing body, shall appoint and employ a county engineer, who shall be a thoroughly qualified and competent professional engineer and mayor may not be a land surveyor. The county engineer shall posses all of the qualifications as specified for county engineers under the general laws of the State of Alabama. The county engineer shall devote his or her entire time and attention to the maintenance and construction of the Dale County public roads, highways, bridges, ferries, and other county engineering projects and shall, during employment, reside in Dale County. The county engineer shall serve at the pleasure of the county commission.
Ala. Code § 45-57A-61.07 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-61.07
Section 45-57A-61.07 Fiscal Audits
Status: reserved

Fiscal audits shall be completed by a licensed audit firm approved by the Phenix City Board of Education. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other purpose.
Ala. Code § 45-8A-23.179 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.179
Section 45-8A-23.179 Appropriations Lapse at End of Year,
Status: in_force

All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered.
Ala. Code § 45-45-50 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-50
Section 45-45-50 Office Abolished
Status: in_force

In Madison County, the office of constable provided for in each election precinct pursuant to Chapter 23, Title 36, is abolished.
Ala. Code § 45-8-120.11 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-120.11
Section 45-8-120.11 Probationary Term of Employment
Status: in_force

Normally, all appointments to jobs or positions assigned to the classified service shall be probationary for a period of six months from the date of an individual’s initial hire date. Before the expiration of the probationary period, the appointing authority may discharge any probationer in his or her department or office upon written notification to the board. If the probationer is not discharged before the expiration of his or her probationary period, his or her appointment shall be deemed complete and he or she shall be designated as a regular status employee in the classified service of the county.
Ala. Code § 45-35A-52.01 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-52.01
Section 45-35A-52.01 Definitions
Status: in_force

The following words and phrases used in this part, and others evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise, shall be given the following respective interpretations herein:

(1) APPLICANT. A natural person who files a written application with the governing body of the city in accordance with Section 45–35A–52.03.

(2) AUTHORITY. The Dothan Downtown Redevelopment Authority, a public corporation organized pursuant to this part.

(3) AUTHORIZING RESOLUTION. A resolution adopted by the governing body of the city in accordance with Section 45–35A–52.03, that authorizes the corporation of the authority.

(4) BOARD. The board of directors of the authority.

(5) BONDS. Includes bonds, notes, and certificates representing an obligation to pay money.

(6) CITY. The City of Dothan, Alabama.

(7) DIRECTOR. A member of the board of the authority.

(8) DOWNTOWN DEVELOPMENT AREA. The central business district of the city as described in subsection (b) of Section 45–35A–52.08.

(9) GOVERNING BODY. With respect to the city, its city council, board of commissioners, or other like governing body.

(10) INCORPORATORS. The persons forming a public corporation organized pursuant to this part.

(11) PERSON. Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality.

(12) PRINCIPAL OFFICE. The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept.

(13) PROJECT. Interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area. A project may be for any industrial, commercial, business, office, parking, utility, residential including, without limitation, homes, apartments, townhouses, condominiums, hotels, and motels, or other use, provided that a majority of the members of the authority determine, by a resolution duly adopted, that the project and such use thereof would further the public purpose of this part.

(14) STATE. The State of Alabama.
Ala. Code § 45-29-90.18 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-90.18
Section 45-29-90.18 Monetary Contributions by County and Municipalities
Status: in_force

Fayette County and the municipalities therein are hereby authorized and empowered to contribute to the authority any amount or amounts of money, either with or without consideration therefor, that their respective governing bodies, acting in their sole discretion without the necessity of authorization at any election of qualified electors, shall approve to be paid from the general fund of the county or municipality. The governing bodies of Fayette County or the municipalities are hereby empowered to levy and collect ad valorem taxes within constitutional limits for such purposes, which are hereby declared to be for municipal and county public purposes.
Ala. Code § 45-28-82.24 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-82.24
Section 45-28-82.24 Admission into Program
Status: in_force

(a) Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted into the pretrial diversion program or as a part of the district attorney’s evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, education history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program.

(b) The district attorney may require the offender to submit to any test or evaluation process the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this subpart.
Ala. Code § 45-57A-64.55 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-64.55
Section 45-57A-64.55 Power and Jurisdiction of Municipal Court; Contesting Liability; Fines and Costs; Affirmative Defenses
Status: in_force

(a) The Phenix City Municipal Court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this subpart, and to issue orders imposing the civil fines and costs set out in this subpart.

(b) A person who receives a violation may contest the imposition of the civil fine by submitting a request for a hearing on the adjudication of the civil violation, in writing, within 15 days of the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the city shall notify the person of the date and time of the adjudicative hearing.

(c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil fine assessed in the notice of violation.

(d) The civil fine and court costs shall not be assessed if, after a hearing, the Phenix City municipal judge enters a finding of no liability.

(e) If an adjudicative hearing is requested, the city shall have the burden of proving the traffic signal violation by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to by affidavit of a trained technician. An affidavit of a trained technician that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this act and is evidence of the facts contained in the affidavit.

(f) The notice of violation, the recorded and reproduced images of the traffic signal violation, regardless of the media on which they are recorded, accompanied by a certification of authenticity of a trained technician, and evidence of ownership of a vehicle as shown by copies or summaries of official records, shall be admissible into evidence without foundation unless the municipal court finds there is an indication of untrustworthiness, in which case the city shall be given a reasonable opportunity to lay an evidentiary foundation.

(g) All other matters of evidence and procedure not specifically addressed in this subpart shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to the Russell County Circuit Court for trial de novo the evidence and procedures shall be as for any civil case in the circuit court except as otherwise provided in this subpart.

(h) A person who is found liable for the civil violation after an adjudicative hearing or who requests an adjudicative hearing and thereafter fails to appear at the time and place of the hearing is liable for court costs and fees set out herein in addition to the amount of the civil fine assessed for the violation. A person who is found liable for a civil violation after an adjudicative hearing shall pay the civil fine and costs within 10 days of the hearing.

(i) Whenever payment of a civil fine is owed to the city, the amount of the civil fine as set by ordinance may not be increased, decreased, or remitted by the municipal court, and the liability may be satisfied only by payment.

(j) It shall be an affirmative defense to the imposition of civil liability under this subpart, to be proven by a preponderance of the evidence, that:

(1) The traffic-control signal was not in proper position and sufficiently visible to an ordinarily observant person.

(2) The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer.

(3) The operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle.

(4) The motor vehicle was being operated as an authorized emergency vehicle under Sections 32–5A–7 and 32–5–213, and that the operator was acting in compliance with that chapter.

(5) The motor vehicle was stolen or being operated by a person other than the owner of the vehicle without the effective consent of the owner.

(6) The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued.

(7) The presence of ice, snow, unusual amounts of rain, or other unusually hazardous road conditions existed that would make compliance with this subpart more dangerous under the circumstances than noncompliance.

(8) The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation.

(k) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate, prior to the time of the violation, had been timely reported to the appropriate law enforcement agency.

(l) Notwithstanding anything in this subpart to the contrary, a person who fails to pay the amount of a civil fine or to contest liability in a timely manner is entitled to an adjudicative hearing on the violation if:

(1) The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after same is mailed as set out in subsection (a) of Section 45–57A–64.54.

(2) Within 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing.
Ala. Code § 45-26-142.07 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-142.07
Section 45-26-142.07 Payment of Election Costs
Status: in_force

(a) When an election is held on the question of the establishment of a district, the County Commissions of Elmore and Tallapoosa Counties shall equally pay for the necessary expense of advertising and conducting the election out of the general funds of the counties. If the district is established, the district shall reimburse the counties for the expenses incurred by the counties with respect to the election.

(b) After a district has been established, the district shall pay the expense of any election held in the district.
Ala. Code § 45-20A-50.09 — Alabama Code / Title 45 / Chapter 20A / Section 45-20A-50.09
Section 45-20A-50.09 Board of Education - Chair
Status: in_force

The chair of the board shall have all of the following duties:

(1) To preside over all board meetings.

(2) To set the meeting dates and times of all board meetings consistent with state law.

(3) To set the agenda of the board meetings in consultation with the city superintendent of education.

(4) To ensure proper and adequate notice to the public for public hearings on the budget of the school system.

(5) To maintain order at all board meetings.

(6) To assist the superintendent in seeking public input into the operations and support of the city school system.

(7) To vote on all matters which come before the board if he or she so desires.

(8) To ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.

(9) To promote the city school system as authorized by the board.
Ala. Code § 45-17-81.22 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-81.22
Section 45-17-81.22 Liability of District Attorney
Status: in_force

The district attorney shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program.
Ala. Code § 45-32-83.20 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-83.20
Section 45-32-83.20 Special Transaction Fee
Status: in_force

In addition to all other fees and costs provided by law, a special transaction fee in an amount determined by the county commission, but not exceeding four dollars ($4), shall be paid to the Greene County Judge of Probate when any public business is transacted in his or her office. The special additional transaction fees shall be collected by the judge of probate and deposited in the county general fund.
Ala. Code § 45-53-70 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-70
Section 45-53-70 Meeting Days
Status: in_force

In Perry County, the county commission is authorized to change its day of regular meeting of the commission from the second and fourth Monday of each month as specified in Section 11-3-8, to the second and fourth Tuesday of each month.
Ala. Code § 45-2-243.51 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-243.51
Section 45-2-243.51 List of Assessed Property Owners
Status: in_force

When any assessment is made pursuant to this subpart, the chairman of the county commission shall cause to be prepared a roll or list showing the names of the property owners so assessed and opposite each name a description of the lot or parcel of land assessed for such repairs, maintenance, and improvements to such owner or owners and the amount assessed against each lot or parcel of land.
Ala. Code § 45-21-241.21 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-241.21
Section 45-21-241.21 Authorization to Levy Tax; Referendum; Exemptions
Status: in_force

(a) The county commission is authorized to levy and impose, in addition to all other taxes, including municipal gross receipts license taxes now imposed by law, a special county privilege license tax paralleling the state sales and use tax, such privilege license tax to be determined by the application of rates against gross sales or gross receipts, as the case may be. The rate of such tax shall not be more than one percent. Such tax shall become effective July 1, 1989, and shall remain in effect through September 30, 1991, unless a majority of the qualified electors of Crenshaw County vote in favor of the continuation of collection of the tax in a referendum held at the same time as the general election in November of 1990. Notice of the referendum shall be given by the Judge of Probate of Crenshaw County, which notice shall be published once a week for three successive weeks before the day of the election. On the ballots to be used at the election, the proposition to be voted on shall be stated substantially as follows:

“Do you favor the continuation of the additional sales and use tax authorized to be levied by Act No. 486 of the 1989 Regular Session?”

(b) If a majority of the votes cast at the election are affirmative votes, this subpart shall continue to be in full force and effect past September 30, 1991. If a majority of the votes cast are in the negative, this act shall have no further legal effect past September 30, 1991. The Judge of Probate of Crenshaw County shall certify the results of the election to the Secretary of State and to the Crenshaw County Commission.

(c) There are exempted, however, from this section and from the computation of the amount of the additional tax imposed in this section, the gross receipts of any business and the gross proceeds of all sales which are presently exempted under the state sales and use tax statutes from the computation of the amount of tax.
Ala. Code § 45-15-82.31 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-82.31
Section 45-15-82.31 Registration of Boats by Mail
Status: in_force

The Cleburne County judge of probate shall mail forms to all registered boat owners within the county to allow boat owners to complete such application forms for ordering the annual certificate of registration and pay for any taxes and tags or decals by mail so that the tag or decal and receipts therefor may be forwarded to the owner by mail. There is hereby established a fee to be entitled “Mail Order Fee” which shall be set from time to time by the county commission to pay the cost of the mailing procedure herein provided, and such fee shall be collected by the judge at the time of issuance and paid over to the general fund of the county as are other fees and commissions.
Ala. Code § 45-4-72 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-72
Section 45-4-72 Meeting Dates
Status: reserved

Repealed by Act 2015-286 effective June 2, 2015.
Ala. Code § 45-6-242 — Alabama Code / Title 45 / Chapter 6 / Section 45-6-242
Section 45-6-242 Levy of Taxes; Exemptions; Payment of Taxes; Reports by Taxpayers; Applicability of State Sales Tax Statutes; Disposition of Funds
Status: in_force

(a) The following words, terms, and phrases where used in this section shall have the following respective meanings except where the context clearly indicates a different meaning:

(1) “County” means Bullock County in the State of Alabama.

(2) “Commissioner” means the Commissioner of Revenue of the state.

(3) “State Department of Revenue” means the Department of Revenue of the state.

(4) “State” means the State of Alabama.

(5) “State sales tax statutes” means Division 1 of Article 1 of Chapter 23 of Title 40, as amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein.

(6) “State sales tax” means the tax or taxes imposed by the state sales tax statutes.

(7) “State use tax statutes” means Article 2 of Chapter 23 of Title 40, as amended, including all other statutes of the state which expressly set forth any exemption from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to or purport to affect the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(8) “State use tax” means the tax or taxes imposed by the state use tax statutes.

(9) “Registered seller” means the person registered with the State Department of Revenue pursuant to the state use tax statutes or licensed under the state sales tax statutes.

(10) “Month” means a calendar month.

(11) “Quarterly period” means the period of three months ending on the last day of each March, June, September, and December.

Except where another meaning is clearly indicated by the context, all definitions set forth in the state sales tax statutes and the state use tax statutes shall be effective as definitions of the words, terms, and phrases used in this section. All words, terms, and phrases used herein, other than those hereinabove specifically defined, shall have the respective meanings ascribed to them in the state sales tax statutes and the state use tax statutes and shall have the same scope and effect that the same words, terms, and phrases have where used in the state sales tax statutes and the state use tax statutes.

(b) Privilege or license tax. There is hereby authorized to be levied in the county, in addition to all other taxes of every kind now imposed by law, and to be collected as herein provided, a privilege or license tax on account of the business activities and in the amount to be determined by the application of rates against gross sales or gross receipts, as the case may be, as follows:

(1) Upon every person, firm, or corporation (including the state, the University of Alabama, Auburn University, and all other institutions of higher learning in the state, whether such institutions be denominational, state, county, or municipal institutions, any association or other agency or instrumentality of such institutions) engaged or continuing within the county in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidences of debts or stock, nor sales of material and supplies to any person for use in fulfilling a contract for the painting, repair or reconditioning of vessels, ships, and other watercraft of over 50 tons burden) an amount of one percent of the gross proceeds of sales of the business, except where a different amount is expressly provided herein; provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified when his or her books are kept so as to show separately the gross proceeds of sales of each business, and when his or her books are not so kept he or she shall pay the tax as a retailer, on the gross sales of the business; and provided further, that where any used part of an automotive vehicle or truck trailer, semitrailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or rebuilt part, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used part sold less the credit for the used part taken in trade; provided however, that this provision shall not be construed to include tires or batteries.

(2) Upon every person, firm, or corporation engaged or continuing within the county in the business of conducting or operating places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theatres, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games (including athletic contests conducted by or under the auspices of any educational institution within the state, or any athletic association, be it denominational, state, county, or a municipal institution or association or a state, county, or city school, or other institution, association, or school), skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement, or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places and public dance halls of every kind and description within the county, an amount of one percent of the gross receipts of any such business.

(3) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property an amount of one-half of one percent of the gross proceeds of the sale of such machines; provided that the term “machine” as herein used shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property and the parts of such machines, attachments and replacements therefor, which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used.

(4) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any automotive vehicle, truck, trailer, semitrailer, or house trailer, an amount of one-half of one percent of the gross proceeds of the sale of the automotive vehicle, truck, trailer, semitrailer, or house trailer; provided, however, where a person subject to the tax provided for in this subsection withdraws from his or her stock in trade any automotive vehicle or truck, trailer, semitrailer, or house trailer for use by him or her or by his or her employee or agent in the operation of such business, there shall be paid, in lieu of the tax authorized to be levied herein, a fee of one dollar twenty-five cents ($1.25) per year or part thereof during which such automotive vehicle, truck, trailer, semitrailer, or house trailer shall remain the property of such person; provided, that each such year or part thereof shall be deemed to begin with the day or anniversary date, as the case may be, of such withdrawal and shall run for the 12 succeeding months or part thereof during which such automotive vehicle, truck, trailer, semitrailer, or house trailer shall remain the property of such person; and provided further, that where any used automotive vehicle, truck, trailer, semitrailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.

(5) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock or poultry on farms, and the parts of such machines, machinery, or equipment, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, an amount equal to one-half of one percent of the gross proceeds of the sales thereof; provided, however, the one-half of one percent rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities; provided, further, that where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products; or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade.

(6) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling, through coin-operated dispensing machines, food and food products for human consumption, not including beverages other than coffee, milk, milk products, and substitutes therefor, an amount of one percent of the cost of such food, food products, and beverages sold through such machines, which cost for the purpose of this subdivision shall be the gross proceeds of sales of such business.

There are exempted, however, from the provisions of this subsection and from the computations of the amount of the taxes authorized to be imposed in this subsection, the gross receipts of any business and the gross proceeds of all sales which are presently exempted under the state sales tax statutes from the computation of the amount of the state sales tax.

(c) Excise tax. There is hereby authorized to be levied and imposed an excise tax on the storage, use, or other consumption of property in the county as hereinafter provided in this subsection.

(1) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of tangible personal property (not including, however, materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships, and other watercraft of more than 50 tons burden) purchased at retail on or after the effective date of such tax, for the storage, use, or other consumption in the county on or after the effective date of such tax, at the rate of one percent of the sales price of such property, except as provided in subdivisions (2), (3), and (4).

(2) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of any machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property purchased at retail on or after the effective date of such tax for storage, use, or other consumption in the county, at the rate of one-half of one percent of the sales price of any such machine; provided, that the term “machine,” as used herein shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property and the parts of such machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of such machines and are customarily so used.

(3) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of any automotive vehicle, truck, trailer, semitrailer, or house trailer purchased at retail on or after the effective date of such tax for storage, use, or other consumption in the county at the rate of one-half of one percent of the sales price of such automotive vehicle, truck, trailer, semitrailer, or house trailer; provided, that where any used automotive vehicle, truck, trailer, semitrailer, or house trailer is taken or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax herein authorized to be levied shall be paid on the net difference, that is the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.

(4) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, attachments, and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, which is purchased at retail for storage, use, or other consumption in the county at the rate of one-half of one percent of the sales price of such property; provided, however, the one-half of one percent rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities; provided, further, that where any used machine, machinery, or equipment which is used in planting, cultivating and harvesting farm products or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade.

(5) An excise tax is hereby authorized to be levied and imposed on the classes of tangible personal property, and at the rates authorized to be imposed on such classes, specified in subdivisions (1), (2), or (3), on the storage, use, or other consumption in the performance of a contract in the county of any such tangible personal property, new or used, the tax to be measured by the sales price or the fair and reasonable market value of such tangible personal property when put into use in the county, whichever is less; provided, however, the tax authorized to be levied and imposed by this subsection shall not apply where the taxes authorized to be levied and imposed by subdivisions (1), (2), and (3) apply.

There are exempted from the provisions of this subsection and from the taxes authorized to be levied and imposed by this subsection, the storage, use, or other consumption of property the storage, use, or other consumption of which is presently exempted under the state use tax statutes from the state use tax. Subject to those exemptions, every person storing or using or otherwise consuming in the county tangible personal property purchased at retail on or after the effective date of such taxes shall be liable for the taxes authorized to be levied and imposed by this section, and the liability shall not be extinguished until the tax has been paid by such person; provided, however, that a receipt from a registered seller given pursuant to subsection (f) to the purchaser of any property to be used, stored, or consumed in the county shall be sufficient to relieve the purchaser from further liability for a tax to which such receipt may refer.

(d) Payment of taxes; reports by taxpayers. The taxes authorized to be levied in subsection (b) shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues; and the taxes authorized to be levied in subsection (c) shall be due and payable quarterly on or before the twentieth day of the month next succeeding each quarterly period during which the storage, use, or other consumption of the tangible personal property became taxable hereunder, each such quarterly period to end on the last day of each of the months of March, June, September, and December. The taxes authorized to be levied in subsection (b) shall be paid to and collected by the State Department of Revenue at the same time as and along with the payment and collection of the state sales tax; and the taxes authorized to be levied in subsection (c) shall be paid to and collected by the State Department of Revenue at the same time as and along with the payment and collection of the state use tax. On or prior to the due dates of the taxes herein authorized to be levied, each person subject to such taxes shall file with the State Department of Revenue a report or return in such form as may be prescribed by the department, setting forth, with respect to all sales and business that are required to be used as a measure of the privilege or license taxes herein authorized to be levied, a correct statement of the gross proceeds of all such taxes and the gross receipts of all such business, and setting forth, with respect to the excise taxes authorized to be levied herein the total sales price of all property, the use, storage, or other consumption of which became subject to the taxes during the then preceding quarterly period. Such report shall include all such other items of information pertinent to the taxes and the amount thereof as the State Department of Revenue may require. Any person subject to the privilege or license taxes authorized to be levied herein may defer reporting credit sales until after their collection, and in the event he or she so defers reporting them, he or she shall thereafter include in each monthly report all credit collections made during the month preceding and shall pay the taxes due thereon at the time of filing such report. All reports or returns filed with the State Department of Revenue under this subsection shall be available for inspection by the governing body of the county or its designated agent at reasonable times during business hours.

(e) Tax to be added to sales price or admission fee. Each person engaging or continuing within the county in a business subject to the taxes authorized to be levied in subsection (b) shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer on account of the taxes. It shall be unlawful for any person subject to the taxes authorized to be levied in subsection (b) to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or the person paying the admission fee the amount herein authorized to be required to be so added to the sales or admission price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the taxes to refund or offer to refund all or any part of the amount so collected or to absorb or advertise directly or indirectly the absorption or refund of the taxes or any portion thereof.

(f) Special provisions respecting payment of tax authorized in subsection (c), receipts and returns by registered sellers. Every registered seller making sales of tangible personal property for storage, use, or other consumption in the county (which storage, use, or other consumption is not exempted from the taxes herein authorized to be levied pursuant to subsection (c)) shall at the time of making such sale, or if the storage, use, or other consumption of such tangible personal property in the county is not then subject to the excise taxes herein authorized to be levied, at the time such storage, use, or other consumption becomes subject to the excise taxes herein authorized to be levied, collect the tax from the purchaser and shall give to the purchaser a receipt therefor in the manner and form prescribed by the State Department of Revenue. On the twentieth day of the month next succeeding following the close of each quarterly period, each registered seller shall file with the State Department of Revenue a return for the then preceding quarterly period in such form as may be prescribed by the State Department of Revenue showing the total sales price of the tangible personal property sold by such registered seller, the storage, use, or other consumption of which became subject to the excise taxes herein authorized to be imposed, during the then preceding quarterly period; and each return shall be accompanied by a remittance of the amount of the taxes required to be collected by such registered seller during the period covered by the return; provided that any registered seller may defer collecting the taxes with respect to credit sales until collection of the proceeds of such sales and may defer reporting credit sales until after their collection, but shall thereafter collect the taxes along with collection of the credit sales, shall include in each quarterly report all credit collections made during the preceding quarterly period and shall remit the taxes with respect thereto at the time of filing such report or return. Any person who has paid to a registered seller the tax with respect to the use, storage, or other consumption of tangible personal property in the county need not file a report or make any further payment of the tax, but each person who purchases tangible personal property the storage, use, or consumption of which is subject to the taxes authorized to be imposed herein, and who has not paid the taxes due with respect thereto to a registered seller, shall report and pay the taxes as required by subsection (d). It shall be unlawful for any registered seller to fail or refuse to add to the sales price and to collect from the purchaser the amount of the taxes authorized to be imposed herein or to refund or offer to refund or absorb, or to advertise directly or indirectly, the absorption of the taxes or any portion thereof.

(g) Enforcement of this section civil suit; taxes a lien. The taxes authorized to be imposed by this section shall constitute a debt due the county and may be collected by civil suit, in addition to all other methods provided by law and in this section. The taxes, together with interest and penalties with respect thereto, shall constitute and be secured by a lien upon the property of any person from whom the taxes are due or who is required to collect the taxes. All of the provisions of the revenue laws of the state which apply to the enforcement of liens for license taxes due the state shall apply fully to the collection of the taxes herein authorized to be levied, and the State Department of Revenue, for the use and benefit of the county as hereinafter specified, shall collect such taxes and enforce this section and shall have and exercise for such collection and enforcement all rights and remedies that the State Department of Revenue has for collection of the state sales tax and the state use tax. The State Department of Revenue shall have full authority to employ such special counsel as it deems necessary from time to time to enforce collection of the taxes authorized to be levied by this section and otherwise to enforce the provisions of this section, including the institution, prosecution, and defense of any litigation involving this section; and the department shall pay such special counsel such fees as it deems necessary and proper from the proceeds of the taxes collected by it hereunder.

(h) Applicability of state sales and use tax statutes. All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of monthly reports, and keeping and preserving records with respect thereto, interest after the due date of the tax, penalties for failure to pay the tax, make reports, or otherwise comply with the state sales tax statutes, the promulgation of rules and regulations with respect to the state sales tax, and the administration and enforcement of the state sales tax statutes, which are not inconsistent with the provisions of this section when applied to the taxes levied in subsection (b), shall apply to the taxes authorized to be levied in subsection (b), and all provisions of the state use tax statutes with respect to payment, assessment, and collection of the state use tax, making quarterly reports and keeping and preserving records with respect thereto, interest after the due date of the state use tax, penalties for failure to pay the tax, make reports or otherwise to comply with the state use tax statutes, the promulgation of rules and regulations with respect to the state use tax, and the administration and enforcement of the state use tax statutes, which are not inconsistent with the provisions of this section, when applied to the taxes authorized to be levied in subsection (c), shall apply to the taxes authorized to be levied in subsection (c). The commissioner and the State Department of Revenue shall have and exercise the same powers, duties, and obligations, with respect to the taxes herein authorized to be levied, that are imposed on the commissioner and the department by the state sales tax statutes and the state use tax statutes. All provisions of the state sales tax statutes and the state use tax statutes that are made applicable by this section to the taxes herein authorized to be levied and to the administration of this section are incorporated herein by reference and made a part hereof as if fully set forth herein.

(i) Charge of State Department of Revenue; disposition of tax proceeds. The State Department of Revenue shall charge the county, for collecting the taxes authorized to be levied herein, the costs of the department in collecting the taxes; provided such charge shall not, in any event, exceed five percent of the total amount of the taxes collected hereunder. Such charge for collecting the taxes for the county may be deducted each month from the tax proceeds collected before the amount of the proceeds due the county for that month is certified as provided in this section. The commissioner shall pay into the State Treasury all taxes collected under this section as such taxes are received by the State Department of Revenue; and on or before the first day of each successive month (commending with the month next succeeding the month in which the department makes the first collection of any of the taxes authorized to be levied hereunder) the commissioner shall certify to the state Comptroller the amount of taxes collected under the provisions of this section and paid by him or her into the State Treasury for the benefit of the county during the month immediately preceding the making of such certificate; provided, however, that before certifying the amount of taxes paid into the State Treasury for the benefit of the county during each month, the commissioner may deduct from the taxes authorized to be collected hereunder in the month the charges due the department for collection of the taxes. It shall be the duty of the state Comptroller (i) to issue his or her warrant each month, payable to the county in an amount equal to the amount so certified by the commissioner as having been collected for the use of the county, and (ii) to transmit to the county, along with the warrant, a copy of the certificate by the commissioner.

(j) Use of tax proceeds. The proceeds of any taxes herein authorized to be levied shall be paid into the county general fund and shall be applied to the fullest extent necessary to payment of the costs of construction, operation, and maintenance of a facility which shall include, among other things, space for a county jail, including, without limitation, payment of principal and interest, directly or indirectly, on any obligations issued by the county or by any public corporation established by or operating in the county to pay the cost of such construction, and appurtenant costs, and establishment of any reserve funds in connection therewith.
Ala. Code § 45-34-82.06 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-82.06
Section 45-34-82.06 Time for Application
Status: in_force

(a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of traffic citations, application shall be made within 21 days of the issuance of the citation.

(b) At the discretion of the district attorney, the time provision of this section may be waived.
Ala. Code § 45-41A-40.08 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-40.08
Section 45-41A-40.08 Powers of the Authority
Status: in_force

(a) The authority shall have all of the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(1) To have succession by its corporate name for the duration of time which may be perpetuity, subject to Section 45-41A-40.19, specified in its certificate of incorporation.

(2) To sue and be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction of the subject matter and of the parties.

(3) To adopt and make use of a corporate seal and to alter the same at pleasure.

(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.

(5) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise and to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects, including all real and personal properties which the board of the authority may deem necessary in connection therewith, regardless of whether or not any such projects shall then be in existence.

(6) To lease to others any or all of its projects and to charge and collect rent therefor, and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof.

(7) To sell, exchange, donate, or convey and to grant options to any lessee to acquire any of its projects and any or all of its properties whenever its board shall find any such action to be in furtherance of the purposes for which the authority was organized.

(8) To issue its bonds for the purpose of carrying out any of its powers.

(9) To mortgage and pledge any or all of its projects or any part or parts thereof, as security for the payment of the principal of and interest on any bonds so issued and any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any thereof.

(10) To execute and deliver, in accordance with this section and Section 45-41A-40.09, mortgages and deeds of trust and trust indentures, or either.

(11) To finance by loan, grant, lease, or otherwise, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the authority is hereby authorized to receive and accept and use.

(12) To issue and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose.

(13) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority’s public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source.

(14) To enter into agreements with the federal government or any agency thereof to use the facilities or the services of the federal government or any agency thereof in order to further or carry out the public purposes of the authority.

(15) To contract for any period with the State of Alabama, state institutions or any city, town, municipality, or county of the state for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county, or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are by law authorized to undertake.

(16) To extend credit or make loans to any person, corporation, partnership (limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted hereby in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance and financing of a project, and such other terms and conditions, as the authority may deem necessary or desirable.

(17) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the authority.

(18) To appoint, employ, contract with, and provide for the compensation of, such officers, employees, and agents, including but without limitation to engineers, attorneys, contractors, consultants, and fiscal advisors, as the board shall deem necessary for the conduct of the business of the authority.

(19) To provide for such insurance as the board may deem advisable.

(20) To make, enter into, and execute such contracts, agreements, leases, and other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power expressly granted hereunder.

(21) To require payments in lieu of taxes to be made by the lessee of the project to either the authority or the city.

(22) To receive and use the proceeds of any tax levied by a municipal corporation to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this part.

(23) To encourage and promote the improvement and revitalization of the downtown development area and to make, contract for, or otherwise cause to be made long-range plans or proposals for the downtown development area in cooperation with the city or Lee County.

(24) To exercise any power granted by the laws of the State of Alabama to public or private corporations which is not in conflict with the public purpose of the authority.

(25) To do all things necessary or convenient to carry out the powers conferred by this part.

(b) All projects of the authority shall be located wholly within the corporate limits of the city and shall be in the downtown development area, which shall include the following area:

All land lying within the following described boundary: Beginning at the intersection of the centerline of North 6th Street and the centerline of 2nd Avenue, then run southwesterly along the centerline of 2nd Avenue to the centerline of North 11th Street; run southeasterly along the centerline of North 11th Street to the centerline of 1st Avenue, then northeasterly along the centerline of 1st Avenue to the centerline of North 10th Street; then southeasterly along the centerline of 10th Street to the intersection of the centerlines of South 10th Street and Geneva Street, then northerly along the centerline of Geneva Street to the centerline of Torbert Bld.; then easterly along the centerline of Torbert Bld. to the centerline of South 6th Street, then northwesterly along the centerline of 6th Street to the centerline of 2nd Avenue, which is the point of beginning of the property described herein.
Ala. Code § 45-2-200.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-200.01
Section 45-2-200.01 Renewal by Mail
Status: in_force

(a) In Baldwin County, all licenses issued by the judge of probate or the license commissioner, including, but not limited to, those relating to motor vehicles, utility trailers, manufactured homes, and business licenses may be issued and renewed by mail.

(b) The judge of probate or the license commissioner shall charge and collect a reasonable postage and handling fee to include the applicable U.S. postal rates plus a fifty cent ($.50) handling fee, which combined amount shall be rounded to the nearest dollar figure for the issuance or renewal by mail of any license as provided for by this section.

(c) The previous collection of any mailing or issuance fees for the issuance or renewal of licenses by mail by the office of the judge of probate is hereby ratified and confirmed.
Ala. Code § 45-52-161.05 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-161.05
Section 45-52-161.05 Payment to District
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2025-442, EFFECTIVE OCTOBER 1, 2025.
Ala. Code § 45-38-243 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-243
Section 45-38-243 Levy of Tax
Status: in_force

(a) There is hereby imposed upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in Lamar County a county privilege, license, or excise tax up to the following amounts:

(1) Five cents ($.05) for each package of cigarettes, made of tobacco or any substitute therefor.

(2) Five cents ($.05) for each cigar of any description made of tobacco or any substitute therefor, except little cigars, such as Winchester cigars or cigarellos, which are similar to and which are packaged in the same manner as cigarettes, shall be taxed as cigarettes under subdivision (1).

(3) Five cents ($.05) for each sack, can, package, or other container of smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco which is prepared in such manner as to be suitable for smoking in a pipe or cigarette.

(4) Five cents ($.05) for each sack, plug, package, or other container of chewing tobacco, which tobacco is prepared in such manner as to be suitable for chewing only and not suitable for smoking as described in subdivision (3).

(5) Five cents ($.05) for each can, bottle, glass, tumbler, package, or other container of snuff made of tobacco or any substitute therefor.

(6) Fifteen cents ($.15) for each package of tobacco paper, both gummed and ungummed.

(b) The privilege, license, or excise tax shall be in addition to all other taxes heretofore imposed by law.

(c) Provided, however, when the license tax hereby required to be paid shall have been paid by a wholesaler or seller of cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, such payment shall be sufficient, the intent being that such license tax hereby required to be paid shall be paid but once on each package of cigarettes and on each cigar.
Ala. Code § 45-18-10 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-10
Section 45-18-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Conecuh County local laws enacted after 1978 and all Conecuh County prior local laws that were amended or affected by a local law enacted after 1978.

(b) It is the purpose of this chapter to state current applicable law. To this end:

(1) This chapter shall not affect the compensation, terms, pension and retirement benefits and rights, and other benefits and rights otherwise provided by law enacted prior to the codification of this chapter.

(2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable.

(3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment.

(4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law.

(5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application.

(c)(1) The classification and organization of this chapter, the parts, subparts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom.

(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
Ala. Code § 45-51A-33.32 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.32
Section 45-51A-33.32 Powers of City
Status: in_force

The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of this state together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corporate limits for any city purpose, in fee simple and any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, and may sell, lease, mortgage, hold, manage, and control such property as its interests may require; and, except as prohibited by the constitution of this state or restricted by this part, the city shall and may exercise all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. The enumeration of particular powers by this part shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise all powers which, under the constitution of this state, it would be competent for this part specifically to enumerate.
Ala. Code § 45-3-240 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-240
Section 45-3-240 Compensation
Status: in_force

The County Commission of Barbour County is authorized to compensate members of the board of equalization up to thirty dollars ($30) per diem as set by the commission. Compensation under this section shall be in addition to the provisions of Section 40-3-7.
Ala. Code § 45-37A-52.52 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.52
Section 45-37A-52.52 Qualification
Status: in_force

Every person who shall be elected or appointed to the office of member of the council, on or before the fourth Tuesday of November of the year of his or her election or before the Tuesday next following the date of his or her appointment, shall qualify by making oath that he or she is eligible for the office and shall execute the duties of same according to the best of his or her knowledge and ability. The oath may be administered by any person authorized to administer an oath under the laws of Alabama.
Ala. Code § 45-8-11 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-11
Section 45-8-11 Expense Allowance - Board of Equalization, Board of Registration, Jury Commissioners
Status: in_force

(a) In Calhoun County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to each member of the board of equalization, each member of the board of registrars, and each member of the jury commission of the county an expense allowance in such an amount as will, together with any amount paid by the state, a salary, compensation, or expense allowance, make the total paid to such members equal thirty dollars ($30) per day. If the amount paid to such members as compensation or expense allowance by the state increases in the future, then the amount paid by the county under this section shall automatically decrease.

(b) The amount paid under the provisions of this section shall be paid out of the county general fund and shall be paid only when the members of the board of equalization, members of the board of registrars, and the members of the jury commission actually attend meetings of their respective bodies.
Ala. Code § 45-49-170.50 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-170.50
Section 45-49-170.50 Legislative Findings
Status: in_force

The regulation of the accumulation and storage of junk, inoperable motor vehicles, and other litter within the unincorporated areas of Mobile County, and licensing the operation of junkyards within the unincorporated areas of Mobile County is hereby declared to be in the public interest and necessary to promote the public safety, health, welfare, convenience, enjoyment of public travel, to protect the public investment in public highways, to preserve and enhance the scenic beauty of lands and the environment, and to promote the conservation of natural mineral resources by encouraging recycling. The Legislature finds and declares that within the unincorporated areas of Mobile County the accumulation and storage of junk, inoperable motor vehicles, and other litter, and the operation of junkyards, any of which do not conform to the requirements of this subpart, are a public nuisance.
Ala. Code § 45-9-111 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-111
Section 45-9-111 Compensation
Status: in_force

(a) In Chambers County, in lieu of any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to each member of the board of registrars an increase in salary in such amount as will together with any amount paid by the state, as salary, compensation, or expense allowance, make the total paid to such members equal fifty dollars ($50) per day. If the amount paid to such members as compensation or expense allowance by the state increases in the future, then the amount paid by the county under this subsection shall automatically decrease. The amount paid under the provisions of this subsection shall be paid out of the county general fund in the same manner as other county officials are paid.

(b) Any actions taken by the Chambers County Commission in the appropriation and expenditure of county funds and the payment of additional compensation to the members of the Chambers County Board of Registrars in the amount of two thousand three hundred eight dollars ($2,308) for additional work performed related to purging the voting rolls prior to the elections in the year 2002 are hereby ratified and confirmed and the payments to the members of the board of registrars as compensation for the work performed is also ratified and confirmed. This subsection is remedial and curative and shall be effective retroactively to December 4, 2000.
Ala. Code § 45-44A-41 — Alabama Code / Title 45 / Chapter 44A / Section 45-44A-41
Section 45-44A-41 Declaration and Abatement of Nuisance
Status: in_force

All weeds growing upon the streets or sidewalks or upon private property within the City of Tuskegee which bear seeds of a wingy or downy nature or attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous may be declared to be a public nuisance by the governing body of any such municipality, and thereafter abated as in this part provided.
Ala. Code § 45-42-231 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-231
Section 45-42-231 Driver Education Seminar; Sheriff’s Driver Education Fund
Status: in_force

(a) In Limestone County, the fees for attendance at seminars conducted by the Limestone County Sheriff’s Office, known as the Limestone County Sheriff’s Office Driver Education Seminar, shall be not less than fifty dollars ($50) nor more than one hundred fifty dollars ($150), which shall be set by the sheriff and collected by the sheriff or his or her appointed agent.

(b) Any and all monies collected under subsection (a) shall be deposited by the Sheriff of Limestone County or his or her appointed agent in any bank located in Limestone County selected by the sheriff into a fund known as the Sheriff’s Driver Education Fund and shall be audited by the Department of Examiners of Public Accounts.

(c) The Sheriff’s Driver Education Fund as provided in subsection (b) shall be drawn upon by the Sheriff of Limestone County or his or her appointed agent and shall be used exclusively for law enforcement purposes in the interest of the public and in the discharge of the duties of the office of sheriff as determined by the sheriff.

(d) The establishment of the Sheriff’s Driver Education Fund as provided in subsection (b) and the use of the funds shall not diminish or take the place of any other resource of income established for the sheriff or the operation of the office of sheriff.
Ala. Code § 45-49-252 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-252
Section 45-49-252 Definitions
Status: in_force

The following words, phases, or terms as used in this part, unless the context indicates otherwise, shall have the following meanings:

(1) ABANDONED PROPERTY. Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, and other similar articles which have no value other than nominal salvage value, if any; and is in a condition violative of Alabama statutes.

(2) ADMINISTRATIVE DEPARTMENT. The department charged by the Mobile County Commission with the administrative management of this part.

(3) COMMISSION. The Mobile County Commission of Mobile County, Alabama.

(4) BULKY WASTE. Items whose large size precludes or complicates their handling by normal collection, processing, or disposal methods.

(5) BUNDLE. A package containing rubbish only, weighing not over 50 pounds and not exceeding four feet in its longest dimension, securely tied with cord or rope of sufficient strength to permit lifting and carrying of the full weight thereof without spillage or scattering.

(6) CERTIFICATE OF NEED. Written approval by the commission for the director to issue a permit to operate in accordance with this part.

(7) COLLECTION. Any person, firm, partnership, or corporation permitted by the director or franchised by the board to engage in the transportation or collection of solid waste. May require certificate of need.

(8) COLLECTOR. Any person, firm, partnership, or corporation permitted by the director or franchised by the commission to engage in the transportation or collection of solid waste. May require certificate of need.

(9) COMMERCIAL SOLID WASTE. Solid waste generated by stores, offices, and other activities which do not actually manufacture a product.

(10) CONSTRUCTION AND DEMOLITION DEBRIS. Material generally considered to be not water soluble and nonhazardous in nature including, but not limited to, steel, glass, brick, concrete, or asphalt roofing material.

(11) DEAD ANIMALS. Animals that have died from any cause without proper burial, except those slaughtered for human consumption.

(12) DIRECTOR. The solid waste coordinator, appointed by the Mobile County Commission or its designated agent; is responsible for the administrative management of this part.

(13) DISPOSAL FACILITY. Site where solid waste is disposed of, whether by sanitary landfilling, incineration, treatment, recovery, or recycling.

(14) ENFORCEMENT AGENCY. The agency or agencies of this county, or of the state, charged with the enforcement of those aspects of this part related to the protection of the public safety, health, welfare, and environment, including all law enforcement officers of the county and litter patrol officers hired by the Mobile County Commission and deputized by the Mobile County Sheriff, who will work under the supervision of and be paid by the Mobile County Commission.

(15) GARBAGE. Materials resulting from the preparation, cooking, and serving of food; market wastes, trimmings, and other discarded matter from meat or produce, including containers in which packaged; and such other refuse as may be defined by the commission.

(16) HAZARDOUS WASTES. Materials or combinations of materials which require special management techniques because of their acute or chronic effects on air and water quality or both; on fish, wildlife, or other biota; or on the health and welfare of the public. These materials include, but are not limited to, volatile, chemical, biological, explosive, flammable, radioactive, and toxic materials.

(17) HEALTH OFFICER. The Director of the Mobile County Health Department and his or her authorized agents.

(18) INCINERATOR. An engineered apparatus used to burn waste sub- stances and in which all the factors of combustion, temperature, retention time, turbulence, and combustion air, can be controlled.

(19) INCINERATION. A controlled process by which solid, liquid, or gaseous combustible wastes are burned and changed into gases, and the residue produced contains little or no combustible material.

(20) INDUSTRIAL SOLID WASTE. Solid waste that results from industrial processes and manufacturing.

(21) INFECTIOUS WASTES. Those wastes resulting from the operation of medical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves.

(22) NON-RESIDENTIAL SOLID WASTE. Solid waste from agricultural, commercial, industrial, or institutional activities or from parcels of property occupied by six or more residential units unless exempt by the Mobile County Commission from mechanical pickup requirements.

(23) PERSONS. Any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, or any other legal representative, agent, or assign.

(24) POLLUTION. The condition caused by the presence in the environment of solid waste of such character and in such quantities that the quality of the environment is impaired or rendered offensive to life.

(25) PROCESSING. Any method, system, or other treatment designed to change the physical form or chemical content of solid waste.

(26) PROMISCUOUS DUMP. An unauthorized site where indiscriminate de- posits of solid waste are made by known or unknown persons and are exposed to the elements, vectors, and scavengers.

(27) PUTRESCIBLE WASTES. Materials capable of decomposition, causing environmental nuisances or obnoxious odors, or both.

(28) RECOVERED RESOURCES. Solid waste materials which still have useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled for the same or other purpose.

(29) RECOVERY. The process of obtaining usable materials or energy from solid waste.

(30)RECYCLING. The process by which recovered resources from solid waste are transformed into new products in such a manner that the original products lose their identity.

(31) RENDERING. A process of recovering fatty substances from animal parts by heat treatment, extraction, and distillation.

(32) RESIDENTIAL SOLID WASTE. All solid waste that normally originates in a residential environment. This definition is applicable to the solid waste generated upon a parcel of property occupied by fewer than six residential units and to parcels exempted from mechanical pickup requirements.

(33) RESIDENTIAL UNIT. Any unit used to house persons, or capable of such use. Includes single family dwellings; each unit in a duplex, condominium dwelling, or apartment house; and each mobile home in a mobile home parcel except mobile home parcels in rental or camp parks licensed by the health department.

(34) REPROCESSING. The action of changing the condition of a secondary material.

(35) RUBBISH. Solid waste or refuse, excluding garbage and bulky items; consists of both combustible and noncombustible trash, such as paper, cardboard, tin cans, plastics, yard clippings, wood, glass, and similar materials.

(36) SALVAGE. The extracting of materials from solid waste which is of value or useful.

(37) SALVAGING. The controlled removal of valuable or useful material from solid waste for utilization.

(38) SANITARY LANDFILL. A site where solid waste is disposed using sanitary landfilling techniques.

(39) SANITARY LANDFILLING. An engineered method of disposing of solid waste on land in a manner that protects the environment by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with soil by the end of each working day in compliance with applicable state law.

(40) SANITARY NUISANCE. The commission of any act by a person, or the keeping, maintaining, propagation, existence, or permission of anything by a person by which the health or lives of individuals may be threatened or impaired or by which disease may be caused.

(41) SCAVENGING. The uncontrolled removal of materials at any point in solid waste management.

(42) SEPARATION. The systematic division of solid waste into designated components.

(43) SOLID WASTE. Garbage, rubbish, refuse, or other discarded solid or semi-solid materials resulting from domestic, commercial, industrial, agricultural activities and governmental operations excluding solids or dissolved material in domestic sewage, but not materials held for reuse or resale.

(44) SOLID WASTE MANAGEMENT. Includes all or any aspects of handling solid waste: including collection, transportation, storage, separation, and disposal.

(45) SPECIAL WASTES. Those wastes that require extraordinary management. They include, but are not limited to, bulky wastes, abandoned automobiles, white goods, used tires, waste oil, sludges, dead animals, agricultural, and industrial wastes.

(46) STORAGE. The interim containment of solid waste, in an approved manner, after generation and prior to ultimate disposal.

(47) TRANSFER STATION. A facility where solid waste from several relatively small vehicles is placed into one relatively large vehicle before being transferred to solid waste processing or disposal facility.

(48) TRANSPORT. The movement of solid waste subsequent to collection.

(49) UNAUTHORIZED ACCUMULATION. Any accumulation of trash, garbage, or putrescible waste for more than seven days on any residential or commercial properties, excluding noncommercial composting, and commercial composting for which a valid permit has been obtained. This shall not include building materials used in constructing or repairing a building or other structure and stored at the site of such building or structure.

(50) WASTE OIL. All types of waste oils, including waste automotive lubricants, industrial waste oils, and others that may be potential pollution sources.

(51) WHITE GOODS. Inoperative and discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances.

(52) YARD TRASH. Vegetative matter resulting from landscaping maintenance such as trees and shrub trimmings, grass clippings, and palm fronds.
Ala. Code § 45-6-242.20 — Alabama Code / Title 45 / Chapter 6 / Section 45-6-242.20
Section 45-6-242.20 Additional Sales and Use Tax; Collection, Distribution, and Use of Proceeds
Status: in_force

(a) This section shall only apply to Bullock County.

(b) As used in this section state sales and use tax means the tax imposed by the state sales and use tax statutes, including, but not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62, and 40-23-63.

(c) The County Commission of Bullock County may levy, in addition to all other taxes, including, but not limited to, municipal gross receipts license taxes, a one cent ($.01) privilege license tax against gross sales or gross receipts, including the sale of items and property by persons who are not engaged in the business of retail sales or casual sales. The gross receipts of any business and the gross proceeds of all sales which are presently exempt under the state sales and use tax statutes are exempt from the tax authorized by this section. Notwithstanding the foregoing, the amount authorized to be levied pursuant to this section shall not be levied against the sale of farm machinery which is exempt from the provisions of this section.

(d) The tax levied by this section shall be collected by the State Department of Revenue, or other entity or agency chosen by the county commission, at the same time and in the same manner as state sales and use taxes are collected. On or prior to the date the tax is due, each person subject to the tax shall file with the department a report in the form prescribed by the department. The report shall set forth, with respect to all sales and business transactions that are required to be used as a measure of the tax levied, a correct statement of the gross proceeds of all the sales and gross receipts of all business transaction. The report shall also include items of information pertinent to the tax as the department may require. Any person subject to the tax levied by this section may defer reporting credit sales until after their collection, and in the event the person defers reporting them, the person shall thereafter include in each monthly report all credit collections made during the preceding month, and shall pay the tax due at the time of filing the report. All reports filed with the department under this subsection shall be available for inspection by the county commission or its designee.

(e) Each person engaging or continuing in a business subject to the tax levied by this section shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer because of the sale or admission. It shall be unlawful for any person subject to the tax to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount required to be added to the sale or admission price. It shall be unlawful for any person subject to the tax levied by this section to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.

(f) The tax levied by this section shall constitute a debt due Bullock County. The tax, together with any interest and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. The department or other entity or agency shall collect the tax, enforce this section, and have and exercise all rights and remedies that the state or the department has for collection of the state sales and use tax. The department may employ special counsel as is necessary to enforce collection of the tax levied by this section and to enforce this section. The department shall pay the special counsel any fees it deems necessary and proper from the proceeds of the tax collected by it for Bullock County.

(g) All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax, making of reports, keeping and preserving records, penalties for failure to pay the tax, promulgating rules and regulations with respect to the state sales and use tax, and the administration and enforcement of the state sales and use tax statutes which are not inconsistent with this section shall apply to the tax levied under this section. The State Commissioner of Revenue and the department shall have and exercise the same powers, duties, and obligations with respect to the tax levied under this section that are imposed on the commissioner and department by the state sales and use tax statutes. All provisions of the state sales and use tax statutes that are made applicable by this section to the tax levied under this section and to the administration and enforcement of this section are incorporated by reference and made a part of this section as if fully set forth herein.

(h) The department or other entity or agency shall charge Bullock County for collecting the tax levied under this section in an amount or percentage of total collections as may be agreed upon by the commissioner or other entity or agency and the Bullock County Commission. The charge shall not exceed five percent of the total amount of the tax collected in the county. The charge may be deducted each month from the gross revenues from the tax before certification of the amount of the proceeds due Bullock County for that month. The Commissioner of Revenue shall pay into the State Treasury all amounts collected under this section, as the tax is received by the department on or before the first day of each successive month. The commissioner shall certify to the state Comptroller the amount collected and paid into the State Treasury for the benefit of Bullock County during the month immediately preceding the certification. The state Comptroller shall issue a warrant each month payable to the County Treasurer of Bullock County in an amount equal to the certified amount which shall be paid into the county general fund to be distributed and used as follows:

(1) Fifty percent to the Bullock County Board of Education for general education purposes.

(2) Forty percent to the Bullock County Commission for general county purposes, including the operation and maintenance of the county jail.

(3) Ten percent to the Bullock County Commission specifically for the establishment and operation of a countywide YMCA. In the event that the YMCA ceases to exist, then the funds shall be used for other countywide recreational programs.
Ala. Code § 45-37-41.01 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-41.01
Section 45-37-41.01 Definitions
Status: in_force

For the purposes of this part, the following terms shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise:

(1) DEPARTMENT. The Jefferson County Board of Health.

(2) TANNING DEVICE. Equipment that emits electromagnetic radiation of wavelengths between 200 and 400 nanometers and is used for tanning the skin, including, but not limited to, a sunlamp, tanning booth, tanning bed, or any accompanying equipment.

(3) TANNING FACILITY. A place of business that provides to its customers access to a tanning device.
Ala. Code § 45-41A-40.04 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-40.04
Section 45-41A-40.04 Incorporation Procedures; Contents and Execution of Certificate
Status: in_force

(a) Within 40 days following the adoption of the authorizing resolution the applicants shall proceed to incorporate the authority by filing for record in the office of the Judge of Probate of Lee County a certificate of incorporation which shall comply in form and substance with the requirements of this section and which shall be in the form and executed in the manner herein provided.

(b) The certificate of incorporation of the authority shall state all of the following:

(1) The names of the persons forming the authority, and that each of them is a duly qualified elector of the city.

(2) The name of the authority, which shall be the Opelika Downtown Redevelopment Authority.

(3) The period for the duration of the authority (if the duration is to be perpetual, subject to Section 45-41A-40.19, that fact shall be stated).

(4) The name of the city together with the date on which the governing body thereof adopted the authorizing resolution.

(5) The location of the principal office of the authority, which shall be within the corporate limits of the city.

(6) That the authority is organized pursuant to this part.

(7) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this part or with the laws of the state.

(b) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it a copy of the application as filed with the governing body of the city in accordance with Section 45-41A-40.03, and a certified copy of the authorizing resolution adopted by the governing body of the city. Upon the filing for record of the certificate of incorporation and the authority shall come into existence and shall constitute a public corporation under the name set forth in said certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
Ala. Code § 45-37-150 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-150
Section 45-37-150 Short Title
Status: in_force

This article shall be known and may cited as the Jefferson County Bingo Act.
Ala. Code § 45-57-202.25 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-202.25
Section 45-57-202.25 Clerks and Assistants
Status: in_force

The commissioner of the motor vehicle license division also may employ a sufficient number of clerks and assistants properly to perform the duties of the office. The deputy director, clerks, and assistants shall be employed subject to the approval of the county governing body, and their compensation shall be fixed by the county governing body and paid out of the general fund of the county in the same manner as the salaries of other county employees are paid.
Ala. Code § 45-32-80.20 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-80.20
Section 45-32-80.20 Collection and Disposition of Funds
Status: in_force

(a) All solicitor’s and district attorney’s fees hereafter taxed as cost and collected in all criminal cases in all courts in the Seventeenth Judicial Circuit shall be paid by the clerk of the court collecting such fees into a fund to be designated as the Solicitor’s and District Attorney’s Fund, and shall be kept, used, and expended in the manner hereinafter provided. Such payments shall be made to such fund by the clerk of the court by the 10th day of each month following the collection.

(b)(1) The District Attorney and any Circuit Judge of the Seventeenth Judicial Circuit may requisition expenditures from the Solicitor’s and District Attorney’s Fund for the payment of the following items:

a. Office supplies, equipment, furniture, postage and telephone expenses, and clerical or bailiff expenses.

b. Necessary expenses relative to obtaining evidence in any criminal or civil case, whether pending or under investigation.

c. Film, photographs, maps, recording, and dictating tapes.

d. Actual travel expenses incurred while on the business of the office.

e. Continuing legal, professional, or judicial education and conferences, including actual expenses incidental thereto.

f. Professional dues and assessments.

g. Professional books and periodicals and newspapers for use of offices of district attorney and circuit judge of the judicial circuit.

h. Witness fees and transportation costs.

i. Informer fees.

j. For any other law enforcement or crime preventive purpose.

k. Any other expenditure incurred in the proper discharge and conduct of the duties of the offices of the district attorney and circuit judge or of the circuit court.

(2) The presiding circuit judge is the only person who may approve vouchers for payment from the fund and only upon certification made to him or her that the funds requested were, or are, to be used for the purpose enumerated in this section.
Ala. Code § 45-45-241 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-241
Section 45-45-241 Mayfair Towers Corporation
Status: in_force

In Madison County, all property owned by the Mayfair Towers Corporation, a Huntsville, Alabama, corporation, and used by the organization is hereby exempted from all county and local ad valorem taxation.
Ala. Code § 45-51A-33.172 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.172
Section 45-51A-33.172 Notes Redeemable Prior to Maturity
Status: in_force

No notes shall be made payable on demand, but any note may be made subject to redemption prior to maturity on such notice and at such time as may be stated in the note.
Ala. Code § 45-53-240.20 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-240.20
Section 45-53-240.20 Creation; Offices, Supplies, Personnel
Status: in_force

A license division is created within the office of Tax Assessor of Perry County. The license division shall issue all motor vehicle licenses and titles issued in Perry County. The County Commission of Perry County shall furnish suitable quarters and provide the necessary forms, books, stationery, records, equipment, and supplies, except stationery forms and supplies as are furnished pursuant to law by the state Department of Finance or the Comptroller. The county commission shall also provide the clerks and other assistants for the tax assessor, as shall be necessary from time to time, for the proper and efficient performance of the duties of his or her office or may transfer existing employees who are employed by the county. The compensation of the clerks and assistants shall be established by the county commission and be paid out of the general fund of the county in the same manner as other county employees are paid.
Ala. Code § 45-45-20 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-20
Section 45-45-20 Licensing Requirements; Prohibited Activities
Status: in_force

(a)(1) Pursuant to the authority granted in Article IV, Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, that allows local legislation to regulate or prohibit alcoholic beverage traffic, any public or private lounge, tavern, bar, club, nightclub, or restaurant, operating in an unincorporated area of Madison County outside of the police jurisdiction of a municipality, that features or otherwise permits topless females on its premises shall automatically forfeit any valid Alcoholic Beverage Control Board license which it has been granted. The term topless females, as used in this subsection, means persons of the female gender clothed or unclothed above the waist in such manner as to purport to nakedly reveal to patrons, members, or invitee viewers either the nipple or the pectoral form, or both, of at least one breast.

(2) Any violation of subdivision (1) shall be prosecuted and punished under the general statutes of this state as if the violator were operating without a valid Alcoholic Beverage Control Board license.

(3) It is the intent of this subsection to prohibit any topless female entertainment or other topless female activity from being carried on in conjunction with the legal sale of alcoholic beverages on the premises of any private or public establishment located in an unincorporated area of Madison County that is not subject to the police jurisdiction of an unincorporated municipality.

(b)(1) In Madison County, any business in the unincorporated area which features topless dancing and permits customers to bring alcoholic beverages to the business for on-premises consumption fostered by the business either through sales of nonalcoholic beverages for use as mixers with alcoholic beverages or through charges for refrigeration of the alcoholic beverages, shall have an appropriate Alcoholic Beverage Control Board license to continue in the business of permitting on-premises consumption of alcoholic beverages after May 19, 1993.

(2) In Madison County, any business in the unincorporated area which features topless dancing and permits customers to bring alcoholic beverages to the business for on-premises consumption shall have an appropriate Alcoholic Beverage Control Board license to continue in the business of permitting on-premises consumption of alcoholic beverages after May 19, 1993.

(3) This subsection is supplemental to subsection (a), approved April 28, 1992, and any other laws regulating the liquor traffic in Madison County.
Ala. Code § 45-8A-130.13 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-130.13
Section 45-8A-130.13 Removal, Discharge, or Demotion of Employee, Officer, or City Official; Proceedings
Status: in_force

(a) The governing body of the city, any member of the governing body, or the head of any department or office can remove, discharge, or demote any employee, officer, or official of the city who is subject to this part and who is directly under such governing body, member thereof, or department head, provided that within five days a report in writing of such action is made to the board, giving the reason for such removal, discharge, or demotion. The employee shall have 10 days from the time of notification of his or her discharge, removal, or demotion in which to appeal to the board. The board shall thereupon order the charges or complaint to be filed forthwith in writing and shall hold a hearing de novo on such charges. No permanent employee, officer, or official of the city whose employment comes within the jurisdiction of this part, and whose probationary period has been served, shall be removed, discharged, or demoted except for some personal misconduct, of fact, rendering his or her further tenure harmful to the public interest, or for some cause affecting or concerning his or her fitness or ability; and if such removal, discharge, or demotion is appealed to the board, then the same will become final only after a hearing upon written charges or complaint has been had and after an opportunity has been given him or her to face his or her accusers and be heard in his or her own defense. Pending a hearing on the appeal, the affected employee may be suspended; and after such hearing the board may order the employee reinstated, demoted, removed, discharged, or suspended, or take such other disciplinary action as in its judgment is warranted by the evidence and under the law.

Charges may be filed by any resident citizen of the city as follows: The charges must be in writing, must set forth succinctly the matters complained of, and must be sworn to before any member of the board or before any person authorized to administer oaths. Upon the receipt of such charges, the board, after due consideration, shall determine whether in its opinion it considers that the good of the service will be served by a trial thereon; and, if not, such charges may be dismissed by the board. If in the judgment of the board such charges are of a minor nature, such charges may be referred by the board to the proper department head who shall make an investigation of the charges and make his or her recommendation to the board within such time as the board may prescribe, as to what disciplinary action, if any, should be taken. After such recommendation is made by the department head and after due notice is given to the affected employee of the receipt of such recommendation and the contents thereof, the board may, in its discretion, adopt and order executed the action recommended by the department head or any part thereof. However, if the complaint of the affected employee, or both of them, objects to the recommendation of the department head, the board shall hold a public hearing de novo on the charges, and take such disciplinary action as in its judgment is warranted by the evidence and under the law. All hearings before the board shall be open to the public. All testimony given in all hearings before the board shall be taken down in shorthand by a stenographer. In all cases, the decision of the board shall be reduced to writing and entered in the record of the case. In all proceedings before the board, the city attorney may appear and prosecute all charges instituted by the city governing body or any member thereof or by any department head, when requested or directed to do so by such city governing body. It shall not be the duty of the city attorney to prosecute any charges brought by a private citizen. In all proceedings before the board, the city attorney may appear and represent the interests of the city, and he or she shall also give such legal advice and legal assistance to the board as may be requested by it.

The board and its specially authorized representatives shall have the power to administer oaths, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with any hearing, investigation, or proceeding within the purview of this part. The chief of police or some other police officer of the city shall serve all processes of the board, and shall attend upon and preserve order at all public hearings conducted by the board. In case a person refuses to obey such subpoena, the board or its representative may invoke the aid of any circuit court in order that the testimony or evidence be produced. Upon proper showing, such court shall issue a subpoena or order requiring the person to appear before the board or its representative and produce all evidence and give all testimony relating to the matter in issue. A person who fails to obey such subpoena order may be punished by the court as for contempt. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the circuit courts of this state, which fees shall be paid from the treasury of the city.

(b) Any person aggrieved by a decision of the board may appeal such decision to the Circuit Court of Calhoun County in equity within 30 days from the rendition of such decision by the board. Review by the court shall be without a jury and be confined to the record, and to a determination of the questions of law presented; the board’s finding of fact shall be final and conclusive.
Ala. Code § 45-23A-91.02 — Alabama Code / Title 45 / Chapter 23A / Section 45-23A-91.02
Section 45-23A-91.02 Use of Phrases
Status: in_force

The following provisions shall be applied wherever appropriate herein:

(1) “Herein,” “hereby,” “hereunder,” “hereof,” and other equivalent words refer to this part as an entirety and not solely to the particular section or portion thereof in which any such word is used.

(2) The definitions set forth in Section 45-23A-91.01 shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 45-37-123.196 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.196
Section 45-37-123.196 Action by the County
Status: in_force

Whenever the county under the terms of the plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority.
Ala. Code § 45-38-231 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-231
Section 45-38-231 Pistol Permit Fee
Status: in_force

(a) In Lamar County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A–11–75, shall be twenty dollars ($20), which shall be collected by the sheriff and deposited into the sheriff’s pistol permit fund.

(b) The sheriff’s pistol permit fund and all monies collected under subsection (a) shall be deposited by the Sheriff of Lamar County in any bank located in Lamar County selected by the sheriff.

(c) The sheriff’s pistol permit fund as provided in subsection (b) shall be drawn upon by the Sheriff of Lamar County, or appointed agent, and shall be exclusively for law enforcement purposes in the public’s interest and in the discharge of the duties of the sheriff’s office as the sheriff sees fit.

(d) The establishment of the sheriff’s pistol permit fund as provided in this section and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of the sheriff’s office.
Ala. Code § 45-51-84 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-84
Section 45-51-84 Compensation of Judge of Probate. (Amended by Act 2026-326)
Status: in_force

AMENDED BY ACT 2026-326, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The per annum compensation shall be eighty-eight thousand dollars ($88,000) for the judge of probate effective October 1, 1996.

(b) The compensation amount in subsection (a) shall be paid out of the general fund of the Montgomery County Commission in the same manner as other county employees are paid.

(c) Subsequent to October 1, 1996, the compensation amount in subsection (a) shall be increased by the same percentage as the across-the-board percentage increase received by full-time county employees at the same time as the increase is received by the county employees, except that the amount shall not be increased by more than three thousand dollars ($3,000) in any fiscal year.