Ala. Code § 45-23-83.07 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-83.07
Section 45-23-83.07 Special Recording Fee
Status: in_force

May 21, 1996, a special recording fee of ten dollars ($10) shall be paid to and collected by its judge of probate with respect to every court case filed in the probate court of Dale County, this amount shall be in addition to all other costs and fees heretofore collected. The additional fee shall be paid into the special fund of the judge of probate as created in Section 45-23-83.06.
Ala. Code § 45-52-112 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-112
Section 45-52-112 Additional Expense Allowance
Status: in_force

In Morgan County, election officials who work at polling places shall receive an additional expense allowance in an amount as, together with any amount paid by the state pursuant to Section 17-6-13, will make the total amount paid to each inspector seventy-five dollars ($75) for each day the inspector works at the polls; and make the total amount paid to each clerk sixty dollars ($60) for each day the clerk works at the polls. The additional expense allowance provided for in this section shall be paid from the county general fund.
Ala. Code § 45-57-20.02 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-20.02
Section 45-57-20.02 Regulation of the Sale and Distribution of Alcoholic Beverages
Status: in_force

(a) This section shall apply to the regulation of the sale and distribution of alcoholic beverages in Russell County. (b) The Russell County Commission may authorize the sale and distribution of draft or keg beer by retail licensees of the Alcoholic Beverage Control Board in the unincorporated area of the county, any law to the contrary notwithstanding. (c) The Russell County Commission may authorize the sale and distribution after 1:00 p.m. on Sundays of alcoholic beverages by licensees of the Alcoholic Beverage Control Board, any law to the contrary notwithstanding.
Ala. Code § 45-23-231.01 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-231.01
Section 45-23-231.01 Fee; Sheriff’s Law Enforcement Fund
Status: in_force

(a) In Dale County, the fee for the 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 or his or her designated agent.

(b) Notwithstanding subsection (a), the fee for issuing a pistol permit to a person aged 65 or older shall be ten dollars ($10).

(c) All funds collected under subsections (a) and (b) shall be deposited by the Sheriff of Dale County, or his or her designated agent, in any bank located in Dale County and selected by the sheriff, into a fund known as the Sheriff’s Law Enforcement Fund.

(d) The Sheriff’s Law Enforcement Fund provided in subsection (c) shall be drawn upon by the Sheriff of Dale County, or his or her designated agent, and shall be exclusively for law enforcement purposes in the interest of the public and in the discharge of the duties of the office of the sheriff as the sheriff sees fit.

(e) The establishment of the Sheriff’s Law Enforcement Fund as provided in this subsection and the use of such funds shall in no way diminish or take the place of any other imbursement or other source of income established for the sheriff or the operation of the office.
Ala. Code § 45-44-244.32 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-244.32
Section 45-44-244.32 Deductions from Compensation; Quarterly Payments
Status: in_force

Each employer shall deduct from each payment due each employee the amount of the fees due from each employee beginning on the 1st day of January, 1998. The payments required to be made on account of the deductions by employers shall be made monthly to the county for the monthly periods ending the last day of each month, on or before the 20th day of the following month. Each employer shall at the same time make a return on a form made available to him or her by the revenue commissioner. If the total amount deducted from payments made to or due all employees of an employer is less than one percent during each calendar month of the previous calendar year, the employer may elect, for the current calendar year, to remit those deductions to the county for the quarterly periods ending March 31, June 30, September 30, and December 31 of the following calendar year, on or before the 20th day of the month following the end of each quarterly period. The failure or omission by any employer to deduct the fees shall not relieve an employee from the payment of the license fees and compliance with the requirements for making returns as provided in this subpart or with any regulations promulgated under this subpart. Each employer shall file in the office of the revenue commissioner on or before January 31, 1998, a return on a form made available by the revenue commissioner. The return shall show the gross amount of compensation of each employee, the amount of fees deducted and paid by the employer for all or any part of the period from and including January 1, and paid by the employer, during all or any part of the preceding calendar year. Each employer shall keep accurate records of all compensation, deductions, fees, payments, and returns. The records shall be kept and maintained by each employer for not less than five years subsequent to the date the compensation was earned.
Ala. Code § 45-45-83.73 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-83.73
Section 45-45-83.73 Written Notice of Defaults - Collection, Enforcement of Funds
Status: in_force

The court, the clerk of the court, or a probation officer shall notify the district attorney in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims’ restitution, or victims’ compensation assessments or like payments in any civil or criminal proceeding ordered by the court to be paid to the state or to crime victims have not been paid or are in default and the default has not been vacated. Upon written notification to the district attorney, the restitution recovery division of the district attorney’s office may collect or enforce the collection of funds that have not been paid or that are in default which, under the direction of the district attorney, are appropriate to be processed. In no event shall a court, court clerk, or probation officer notify the district attorney in less than 90 days from the date the payments are due to be paid in full.
Ala. Code § 45-51A-32.189 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.189
Section 45-51A-32.189 Transfer of Records
Status: in_force

All existing records related to employment of city employees shall be transferred to the department.
Ala. Code § 45-52-230 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-230
Section 45-52-230 Residential Limitations on Criminal Sex Offenders
Status: in_force

(a) No adult or unrelated juvenile criminal sex offender may establish a residence or other living accommodation in a residence where another criminal sex offender whose name appears on the Morgan County Sheriff’s official published sex offender list resides.

(b) No adult criminal sex offender whose name appears on the county sheriff’s official published sex offender list may establish residence or other living accommodations unless there is a distance of 100 yards or more from the residence of any other adult criminal sex offender.

(c) The owner or lessee of the property who knowingly, willingly, or intentionally permits a violation of subsection (a) or subsection (b) shall be subject to a civil penalty of five thousand dollars ($5,000) for each violation. When collected, those penalties shall be equally distributed to the county sheriff’s department and the office of the district attorney of the county.

(d) An owner or lessee of property shall not be in violation of subsection (a) or subsection (b) if the sex offender is the spouse or child of the owner or lessor or if the spouse or child is the owner or lessee of the property.

(e) An owner of property shall not be in violation of subsection (a) or subsection (b) where the application for a lease or the lease itself provides a signed statement by the lessee that the lessee is not a convicted sex offender.

(f) Notwithstanding any provision of Chapter 20A of Title 15 to the contrary, a sex offender shall not be in violation of subsection (a) or subsection (b) if the sex offender is residing at a treatment facility that is a residential home health care facility approved as such by an agency of the state.
Ala. Code § 45-50-241 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-241
Section 45-50-241 Clerical Employees - Tax Assessor
Status: in_force

The Tax Assessor of Monroe County is hereby authorized and empowered to hire the number of clerical employees necessary to efficiently staff the office. The county commission or other like governing body of the county shall fix the tax assessor’s clerk hire allowance at a figure not to exceed thirteen thousand two hundred dollars ($13,200) per year, plus an additional six hundred fifty dollars ($650) per month, payable out of the general fund of the county.
Ala. Code § 45-37-249.06 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-249.06
Section 45-37-249.06 Taxes Constitute Debt
Status: in_force

The taxes authorized to be levied by this part shall a due the county. Such taxes, together with any interest and penalties permitted by law, shall constitute and be secured by a lien upon the property of any person from whom the tax or taxes are due or that is required to collect the tax or taxes.
Ala. Code § 45-11-245.14 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-245.14
Section 45-11-245.14 Pledge or Assignment of Taxes by Chilton County Health Care Authority
Status: in_force

Any pledge or assignment of the taxes herein authorized (or the taxes authorized, or attempted to be authorized, by Act No. 2014-162 or Act No. 2014-422) made by The Chilton County Health Care Authority prior to the adoption of the authorizing resolution for the benefit of bonds or other indebtedness issued or incurred by The Chilton County Health Care Authority for purposes authorized by this part shall be deemed to be a pledge and assignment of the taxes herein authorized, shall remain in full force and effect and shall not be terminated except in accordance with the terms and conditions of such pledge and assignment.
Ala. Code § 45-13-230.01 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-230.01
Section 45-13-230.01 Expense Allowance and Salary
Status: in_force

(a)(1) Effective beginning May 1, 2025, the Sheriff of Clarke County shall receive an annual expense allowance of thirty-two thousand five hundred dollars ($32,500), payable in equal monthly installments from the general fund of the county. (2) This expense allowance shall be in addition to all other compensation or benefits granted to the sheriff and may be treated as compensation for retirement purposes. (b) Effective beginning the next term of office after April 18, 2025, the annual salary of the Sheriff of Clarke County shall be increased by thirty-two thousand five hundred dollars ($32,500) and the expense allowance provided in subsection (a) shall be void. (c) The expense allowance and salary provided for in this section shall be in lieu of any other compensation for the sheriff and shall supersede any law or part thereof providing for an expense allowance, salary, or other compensation for the sheriff.

(2) This expense allowance shall be in addition to all other compensation or benefits granted to the sheriff and may be treated as compensation for retirement purposes. (b) Effective beginning the next term of office after April 18, 2025, the annual salary of the Sheriff of Clarke County shall be increased by thirty-two thousand five hundred dollars ($32,500) and the expense allowance provided in subsection (a) shall be void. (c) The expense allowance and salary provided for in this section shall be in lieu of any other compensation for the sheriff and shall supersede any law or part thereof providing for an expense allowance, salary, or other compensation for the sheriff.

(b) Effective beginning the next term of office after April 18, 2025, the annual salary of the Sheriff of Clarke County shall be increased by thirty-two thousand five hundred dollars ($32,500) and the expense allowance provided in subsection (a) shall be void. (c) The expense allowance and salary provided for in this section shall be in lieu of any other compensation for the sheriff and shall supersede any law or part thereof providing for an expense allowance, salary, or other compensation for the sheriff.

(c) The expense allowance and salary provided for in this section shall be in lieu of any other compensation for the sheriff and shall supersede any law or part thereof providing for an expense allowance, salary, or other compensation for the sheriff.
Ala. Code § 45-8A-130 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-130
Section 45-8A-130 Applicability
Status: in_force

This part shall apply only in the City of Weaver in Calhoun County.
Ala. Code § 45-44-231.48 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-231.48
Section 45-44-231.48 Furloughs or Leave Time
Status: in_force

The board may adopt rules and allow the sheriff to grant furloughs or leave time not to exceed three consecutive days or 72 hours to inmates who the board deems are deserving.
Ala. Code § 45-51-21.06 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-21.06
Section 45-51-21.06 Prohibited Activities - Wholesaler
Status: in_force

A wholesaler shall not:

(1) Fail to devote reasonable efforts and resources, within a supplier’s designated sales territory, to the sale and distribution of all the supplier’s brands of wine which the wholesaler has been granted the right to sell or distribute.

(2) Sell or deliver wine to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of wine. Provided, however, during periods of temporary service normally services the impacted sales territory shall file with the Alcoholic Beverage Control Board and give to the affected supplier written notice designating the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will service the sales territory during the period of temporary service interruption and the approximate length of time for the service interruption. Each wholesaler designated to temporarily service the sales territory shall be a wholesaler who has a current written agreement with the supplier for the brand or brands affected. When the temporary service interruption is over, the wholesaler who normally services the sales territory shall notify in writing the Alcoholic Beverage Control Board, the supplier, and the wholesaler, or wholesalers, servicing the sales territory on a temporary basis of this fact, and any wholesaler servicing the sales territory on a temporary basis shall cease servicing the sales territory upon receipt of notice. A wholesaler who is designated to service the impacted sales territory during the period of temporary service shall not be in violation of this part, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 45-51-21.07 and 45-51-21.09.

(3) Transfer the wholesaler’s business without giving the supplier written notice of intent to transfer the wholesaler’s business, and, where required by this part, receiving the supplier’s approval for the proposed transfer. Provided, the consent or approval of the supplier shall not be required of any transfer of the wholesaler’s business to a designated member, or any transfer of less than control of the wholesaler’s business. Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
Ala. Code § 45-43-244.01 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-244.01
Section 45-43-244.01 Levy of Tax
Status: in_force

The Lowndes County Commission is hereby authorized to levy, in addition to all other taxes imposed by law, an excise tax on persons selling, distributing, storing, or withdrawing from storage for any purpose whatever, gasoline and motor fuel within Lowndes County at the rate of two cents ($.02) per gallon and to require every distributor, retail dealer, or storer of gasoline or motor fuel as herein defined to pay such excise tax upon the selling, distributing, or withdrawing from storage for any use, gasoline and motor fuel as herein defined in such county; provided that the excise tax levied pursuant to this part shall not be levied upon the sale of gasoline or motor fuel in interstate commerce, and provided further that if the excise tax levied pursuant to this part upon the sale of such gasoline or motor fuel shall have been paid by a distributor or by retail dealer or storer, such payment shall be sufficient, the intention being that the tax shall not be paid but once. The excise tax levied pursuant to this part shall apply to persons, firms, corporations, dealers, or distributors storing gasoline or motor fuel and distributing the same or allowing the same to be withdrawn from storage, whether such withdrawal be for sale or other use, provided that sellers of gasoline or motor fuel and its substitutes paying the tax herein authorized may pay the same computed and paid on the basis of their sales as hereinafter required, and storers and distributors shall compute and pay such tax on the basis of their withdrawals or distributions. The tax herein authorized shall be in addition to any and all excise or other taxes imposed on gasoline or motor fuel or any device or substitute therefor, or on the business of selling, distributing, storing, or withdrawing from storage for any purpose, gasoline or motor fuel as herein defined; however, such tax shall not be levied by the county commission upon any gasoline or motor fuel as herein defined when used in essential governmental functions by the State of Alabama or any agency thereof, or county governing agencies, municipalities, and boards of education.
Ala. Code § 45-49-85.04 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-85.04
Section 45-49-85.04 Additional Recording Fee; Methods of Archiving Court Records
Status: in_force

(a) In Mobile County, a special recording fee of two dollars ($2) shall be collected by the judge of probate on each real or personal property, uniform commercial code, judicial, or other instrument recorded or filed for record in the probate court of the county. The special recording fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the recording or filing for record of any real or personal property, uniform commercial code, judicial, or other instrument. All special recording fees collected shall be deposited by the judge of probate in any depository in the county as designated by the county governing body.

(b) The fees collected under this section shall be expended at the discretion of the judge of probate for the preservation and restoration of court records and to develop, purchase, install, upgrade, and maintain a computerized system for recording, indexing, imaging, and storing of real and personal property records, uniform commercial code filings, judicial proceedings, financial accounts, and any other records required to be maintained by the court.

(c) The judge of probate may retain all or parts of court records for archival purposes utilizing optical disks, or other acceptable computerized methods for records storage, or any combination thereof. The use of microfilm to retain and archive court records in the county may be discontinued and replaced with digitized or scanned images of records committed to optic disks, or the like. Records archived and retained on optic disks, or the like, shall constitute official records of the court and may be compiled and certified and sold to the public in accordance with applicable statutes. All funds collected for copies and certifications shall be paid to the county general fund.

(d) The judge of probate from time to time shall establish a policy on the sale of or access to computerized index information and digitized images maintained in the probate court. All funds received from the sale of the information and images shall be paid to the county general fund.

(e) This section is cumulative. Nothing contained in this section shall alter or change an existing law relating to charges and fees to be collected by the Judge of Probate of Mobile County.
Ala. Code § 45-8-173.01 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-173.01
Section 45-8-173.01 Additional Recording Fee; Mental Health Advisory Board; Disposition Fee
Status: in_force

(a) In addition to any fees currently assessed, the probate office of Calhoun County shall charge an additional fee of four dollars ($4) on certain transactions as provided herein in the probate office of Calhoun County. For purposes of this section, a transaction means the recording of any document in the probate office and the issuance of a marriage license by the judge of probate. The fee shall be paid by the party filing the document or persons receiving the marriage license at the time of the transaction in the probate court. After the first year of the operation of this part, the Calhoun County Mental Health Advisory Board may increase or lower the fee, provided the fee may not exceed six dollars ($6). The fee shall not apply to matters filed in the Calhoun County Probate Court.

(b) There is established the Calhoun County Mental Health Advisory Board which shall have five members as follows:

(1) The Executive Director of the Calhoun-Cleburne Mental Health Board, Inc., or his or her designee.

(2) The Sheriff of Calhoun County.

(3) A member of the Calhoun County Legislative Delegation, or their designee.

(4) The Calhoun County Judge of Probate.

(5) A resident of Calhoun County to be selected by the other members of the board for a term of four years.

(c) By the tenth of each month following the collection of the fee, the proceeds of the fee shall be disbursed by the judge of probate to the Calhoun-Cleburne Mental Health Board, Inc., to be used as the Calhoun County Mental Health Advisory Board directs for crisis intervention services, or should the Calhoun-Cleburne Mental Health Board, Inc., cease to exist or refuse the funds, to such entities or persons as the Calhoun County Mental Health Advisory Board may direct, to be used as the Calhoun County Mental Health Advisory Board directs for crisis intervention services, which may include any of the following:

(1) A mental health officer, who shall be appointed by the Calhoun County Mental Health Advisory Board. The duties, education, qualifications, training, and experience requirements of the position shall be set by the Calhoun County Mental Health Advisory Board. All necessary equipment, supplies, and training, including an appropriately equipped vehicle, shall also be provided as determined by the Calhoun County Mental Health Advisory Board. The Calhoun County Mental Health Advisory Board may, if it so determines, appoint assistant mental health officers. The Calhoun County Mental Health Advisory Board shall set the salary or compensation for the mental health officer and assistant mental health officers, if any. The Calhoun County Mental Health Advisory Board may also set performance standards and take such personnel actions, as to the mental health officer, and assistant mental health officers, if any, as may be necessary up to and including termination.

(2) Purchase of hospitalization days at a certified psychiatric inpatient unit determined and approved by the executive director of the Calhoun-Cleburne Mental Health Board, Inc. Admissions shall be approved by the Executive Director or designee of the Calhoun-Cleburne Mental Health Board, Inc., and the mental health officer or an assistant mental health officer, and based upon available funds as determined by the Calhoun County Mental Health Advisory Board.

(3) Crisis intervention shall be provided through programs of the Calhoun-Cleburne Mental Health Board, Inc. Program expenditures shall include, but not be limited to, salaries, equipment, and other expenses related to services and treatment.

(4) The Calhoun County Mental Health Advisory Board may contract with other entities for services which would otherwise be provided by a Calhoun County Mental Health Officer or assistant mental health officers. If and as determined by the Calhoun County Mental Health Advisory Board, based on need and the availability of funding, the Calhoun County Mental Health Advisory Board may purchase other necessary services or pay necessary expenses, including, but not limited to, the obtaining of liability insurance and errors and omissions insurance for the Calhoun County Mental Health Advisory Board, its members, and its employees, if any.
Ala. Code § 45-37-123.01 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.01
Section 45-37-123.01 Definitions
Status: in_force

For the purposes of this part, the following terms have the following meanings:

(1) ACT. The act adding this part, to be called the General Retirement System for Employees of Jefferson County Act.

(2) ACTIVE MEMBER. An individual who currently is employed by the county or other entities set forth in subdivision (20) and is making employee contributions to the system pursuant to Section 45-37-123.82.

(3) ACTUARIAL EQUIVALENT. Effective July 30, 1984, or such other dates as set forth in Exhibit A to the plan document, which is maintained in the office of the pension board, a form of benefit differing in time, period, or manner of payment from a specific benefit provided under the plan but having the same value when computed using the mortality tables, the interest rate, and any other assumptions last adopted by the pension board, which assumptions shall clearly preclude any discretion in the determination of the amount of a member’s benefit.

(4) ACTUARIAL GAIN. As defined in Section 45-37-123.106(f)(1).

(5) ANNUITY STARTING DATE. As used in Subpart 6 and in Section 45-37-123.106, means, with respect to any member, the first day of the first period for which an amount is paid as an annuity, or, in the case of a benefit not payable in the form of an annuity, the first day on which all events have occurred which entitles the member to such benefit.

(6) BASIC AVERAGE SALARY. Generally means, effective as of February 1, 2010, the monthly compensation of a member averaged over the period of 36 consecutive months of paid membership time during which the member’s average monthly compensation was higher than any other period of 36 consecutive months of paid membership time. For example, if a member terminated employment on June 20, 2010, and his or her highest consecutive 36-month period ends on the member’s date of termination of employment, then the measuring period for determining basic average salary would be from June 21, 2007, through June 20, 2010. The following rules shall apply in calculating basic average salary:

a. Daily Compensation Calculation. Subject to the additional rules stated in this subdivision, the compensation earned in each year, or portion of a year, during the 36-month period shall be determined on a daily basis. The total of the compensation earned in each applicable year, or portion thereof, shall be added together and then divided by 36 to arrive at the member’s basic average salary. If the foregoing process is not workable in some situations, then the pension board shall approve a different method which is reasonable given the terms of the act and the individual circumstances.

b. Use of Unpaid Membership Time. The compensation paid to a member during unpaid membership time shall only be considered in determining the member’s basic average salary for periods of employment prior to August 16, 1996.

c. Tacking of Nonconsecutive Paid Membership Time. Separate periods of paid membership time may be tacked and considered as consecutive if the member does not have any paid membership time between the periods so tacked. For example, if the member did not have any paid membership time between two periods of paid membership time due to a leave of absence, the leave of absence would be ignored in calculating basic average salary.

d. Post-termination. Notwithstanding any provisions of this plan to the contrary, a member’s final paycheck from the county shall be counted in computing a member’s basic average salary, but only to the extent that such paycheck constitutes compensation, and the highest consecutive 36-month period otherwise would end on the date of the member’s termination of employment.

(7) BENEFICIARY. The individual, or entity, designated as provided in Section 45-37-123.103(d) to receive the benefits that are payable under the plan upon or after the death of a member.

(8) BENEFIT ENHANCEMENT. An across the board increase to a previously awarded benefit to which a member is entitled.

(9) COMMISSION. The Jefferson County Commission.

(10) COMPENSATION.

a. With respect to any member means:

1. The regular salary or hourly wages paid to a member, based on his or her pay grade, as established by the Personnel Board of Jefferson County or other appropriate authority, for a calendar year ending with or within the applicable plan year including any employee contributions pursuant to Section 45-37-123.82(a);

2. Plus any accumulated vacation time paid by the county;

3. Plus Workers’ Compensation benefits, only as described in subdivision (65); and

4. Any differential wage payment, as defined in 26 U.S.C. § 3401(h)(2), generally relating to military pay.

b. Bonuses, overtime, longevity pay, paid accumulated sick leave that is paid in the form of a lump sum, uniform allowances, expense allowances, and any other nonregular forms of compensation are excluded.

c. Compliance with 26 U.S.C. § 401(a)(17). Because the transitional rule provided by Treasury Regulation § 1.401(a)(17)-1(d)(4) of the regulations issued under 26 U.S.C. § 401(a)(17) does not apply to the plan, compensation of each member taken into account in determining benefit accruals in any plan year beginning after December 31, 2001, shall not exceed two hundred thousand dollars ($200,000), or any other amount provided in the Internal Revenue Code. The amount shall be adjusted for increases in the cost-of-living in accordance with 26 U.S.C. § 401(a)(17)(B), except that the dollar increase in effect on January 1 of any calendar year shall be effective for the calendar years beginning with the calendar year. For any short calendar year, the compensation limit shall be an amount equal to the compensation limit for the calendar year in which the calendar year begins multiplied by the ratio obtained by dividing the number of full months in the short calendar year by 12. For purposes of determining benefit accruals in a plan year beginning after December 31, 2001, compensation for any prior calendar year shall be limited to one hundred fifty thousand dollars ($150,000) for any calendar year beginning in 1996, one hundred sixty thousand dollars ($160,000) for any calendar year beginning in 1997, 1998, or 1999; and one hundred seventy thousand dollars ($170,000) for any calendar year beginning in 2000 or 2001.

(11) COUNTY. Jefferson County, Alabama, and any successor that shall maintain this plan. However, references herein to employment by the county also shall include employment by other entities set forth in subdivision (20) and by entities for which the county is acting as payroll agent or where the county is being reimbursed by an entity for the compensation of such entities’ workers or where the entity has appointing authority with respect to the workers. Accordingly, such entities’ workers shall be covered by the plan to the extent allowed under the act and as determined by the pension board in its administration of the plan.

(12) DEFERRED RETIREMENT BENEFIT. A benefit payable pursuant to the terms of Section 45-37-123.100(c).

(13) DESIGNATED BENEFICIARY. The individual or entity designated as provided in Section 45-37-123.103(d) to receive a benefit payable under the plan upon or after the death of a member or a beneficiary, as applicable.

(14) DISABILITY BENEFIT. A benefit payable pursuant to the terms of Section 45-37-123.102.

(15) DISABLED MEMBER. A member who is currently receiving a disability benefit from the system pursuant to Section 45-37-123.102.

(16) DISTRIBUTION CALENDAR YEAR. As defined in Section 45-37-123.106(f)(3).

(17) EARLY RETIREMENT BENEFIT. A benefit payable pursuant to the terms of Section 45-37-123.100(b).

(18) EFFECTIVE DATE. May 23, 2013, except as otherwise provided.

(19) ELIGIBLE COST-OF-LIVING INDEX. As defined in Section 45-37-123.106(f)(4).

(20) ELIGIBLE EMPLOYEE.

a. Except for those individuals occupying positions listed in paragraph b., the following individuals are eligible to participate in the plan:

1. Any individual employed by Jefferson County at a wage or salary payable at regular intervals.

2. Any individual elected or appointed to a job or position with or for Jefferson County whose compensation is paid or shall be paid, in whole or in part, by Jefferson County while occupying the job or position.

3. Any individual who occupies a county office in Jefferson County that is created by an act of the Legislature or is provided for by the Constitution of Alabama of 2022, and the office requires full-time service.

4. Any individual employed by the General Retirement System for Employees of Jefferson County at a wage or salary payable at regular intervals.

5. Any individual employed by the Personnel Board of Jefferson County at a wage or salary payable at regular intervals.

6. Any individual employed by an entity for which the county is acting as payroll agent or for which the county has agreed to be reimbursed by the entity for the compensation paid to the individual.

b. An eligible employee shall not include:

1. Any individual who is appointed or elected as a member of any board or commission of Jefferson County, provided that service on the board or commission does not require full-time service or the members on the board or commission receive no compensation for their service except for meetings attended by them;

2. Any individual whose employment is temporary so long as his or her employment remains temporary. An individual’s employment shall be deemed to be temporary within the meaning of this subparagraph if the employment is temporary as defined by the Personnel Board of Jefferson County or any other individual or entity responsible for classifying employment, or if the officers, board, commission, or agency employing the individual certifies in writing to the pension board that the employment is temporary;

3. Any leased employee and any independent contractor;

4. Any employee or appointee of a city or county board of education or a library board;

5. Any employee of the State of Alabama;

6. The judge of any court;

7. Any employee of a city; or

8. Any employee of a public school district.

(21) EMPLOYEE. Any individual who is employed by the county or elected or appointed to a job or position with or for the county. An employee shall exclude any leased employee and any independent contractor as the terms are defined by the pension board or the Personnel Board of Jefferson County, or any other individual or entity responsible for classifying employment. See also subdivision (11), which covers situations in which other entities may be the employer of eligible employees.

(22) EMPLOYEE CONTRIBUTION. The amount a member is required to contribute to the plan as a condition of employment and participation in the plan pursuant to Section 45-37-123.82 and any amount required to be treated as an employee contribution in accordance with Section 45-37-123.190(b), relating to transfers from 26 U.S.C. § 457(b) plans.

(23) EMPLOYER CONTRIBUTION. The amount the county is required to contribute to the plan pursuant to Section 45-37-123.20(b) and Section 45-37-123.80(a).

(24) EXECUTIVE DIRECTOR. The individual designated by the pension board to manage the employees and day-to-day administration of the system. The individual shall not be employed by the Jefferson County Commission or subject to the Personnel Board of Jefferson County or any other individual or entity responsible for classifying employment.

(25) FISCAL YEAR. The system’s accounting year of 12 months commencing on October 1 of each year and ending the following September 30.

(26) 415 COMPENSATION. With respect to any member, means the member’s wages as defined in 26 U.S.C. § 3401(a) and all other payments of compensation by the county, in the course of the county’s trade or business, for a calendar year ending with or within the plan year for which the county is required to furnish the member a written statement under 26 U.S.C. §§ 6041(d), 6051(a)(3), and 6052. 415 compensation shall be determined without regard to any rules under 26 U.S.C. § 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed, such as the exception for agricultural labor in 26 U.S.C. § 3401(a)(2). Notwithstanding the above, the determination of 415 compensation shall be made by including any elective deferral, as defined in 26 U.S.C. § 402(g)(3), and any amount which is contributed by the county at the election of the member pursuant to a salary reduction agreement and which is not includible in the gross income of the member by reason of 26 U.S.C. §§ 125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b), or 457(b), and employee contributions described in 26 U.S.C. § 414(h)(2), that are treated as employer contributions. For this purpose, effective January 1, 1998, amounts not includible in gross income under 26 U.S.C. § 125 shall be deemed to include any amounts not available to a member in cash in lieu of group health coverage because the member is unable to certify that the member has other health coverage, provided the county does not request or collect information regarding the member’s other health coverage as part of the enrollment process for the health plan.

a. Compensation Paid After Severance from Employment. With respect to limitation years beginning on and after July 1, 2007, 415 compensation shall be adjusted for the following types of compensation paid after a member’s severance from employment with the county, or any other entity that is treated as the county pursuant to 26 U.S.C. § 414(b), (c), (m), or (o).

1. The following amounts shall be included in 415 compensation to the extent these amounts are paid by the later of two months after severance from employment or by the end of the limitation year that includes the date of such severance from employment:

(i) Regular pay. 415 compensation shall include regular pay after severance from employment if:

A. The payment is regular compensation for services during the member’s regular working hours, or compensation for services outside the member’s regular working hours, such as overtime or shift differential, commissions, bonuses, or other similar payments; and

B. The payment would have been paid to the member prior to a severance from employment if the member had continued in employment with the county.

(ii) Leave cashouts. 415 compensation shall include leave cashouts if those amounts would have been included in the definition of 415 compensation if they were paid prior to the member’s severance from employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the member would have been able to use the leave if employment had continued.

(iii) Deferred compensation. 415 compensation shall include deferred compensation if the compensation would have been included in the definition of 415 compensation if it had been paid prior to the member’s severance from employment, and the compensation is received pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid at the same time if the member had continued in employment with the county and only to the extent that the payment is includible in the member’s gross income.

2. The following amounts shall not be included in 415 compensation:

(i) Salary continuation payments for military service participants. 415 compensation does not include payments to an individual who does not currently perform services for the county by reason of qualified military service to the extent those payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the county rather than entering qualified military service.

(ii) Salary continuation payments for disabled participants. 415 compensation does not include compensation paid to a member who is permanently and totally disabled, as defined in 26 U.S.C. § 22(e)(3).

b. Administrative Delay or the First Few Weeks Rule. With respect to limitation years beginning on and after July 1, 2007, 415 compensation does not include amounts earned but not paid during the limitation year solely because of the timing of pay periods and pay dates.

c. Back Pay. With respect to limitation years beginning on and after July 1, 2007, payments awarded by an administrative agency or court or pursuant to a bona fide agreement by the county to compensate a member for lost wages are 415 compensation for the limitation year to which the back pay relates, but only to the extent the payments represent wages and compensation that would otherwise be included in 415 compensation.

(27) INVESTMENT MANAGER. An entity that has the power to manage, acquire, or dispose of plan assets and acknowledges fiduciary responsibility to the plan in writing. The entity shall be an individual, firm, or corporation registered as an investment adviser under the Investment Advisers Act of 1940, 15 U.S.C. §§ 80b-1 through 80b-21, a bank, or an insurance company.

(28) INVOLUNTARY DEFERRED RETIREMENT BENEFIT. A benefit payable pursuant to the terms of Section 45-37-123.100(c)(3).

(29) INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, Title 26 of the United States Code, as amended or replaced from time to time.

(30) JOINT SURVIVOR. The designated beneficiary of a deceased member who shall become a member of the system upon the deceased member’s death and who is eligible to receive payment of a preretirement joint survivorship pension benefit pursuant to Section 45-37-123.103 or a postretirement joint survivorship pension benefit pursuant to Section 45-37-123.101.

(31) JOINT SURVIVORSHIP PENSION. Either a preretirement joint survivorship pension or a postretirement joint survivorship pension.

(32) LIFE EXPECTANCY. As defined in Section 45-37-123.106(f)(5).

(33) MEDICAL ADVISOR. The pension board’s medical advisors or other appointed physicians or vocational specialists.

(34) MEMBER. Any eligible employee who, depending on the context as used throughout this plan, participates, or participated, in the plan as either an active member, a retired member, a disabled member, or the joint survivor of a deceased member who is receiving payment of a preretirement joint survivorship pension benefit pursuant to Section 45-37-123.103 or a postretirement joint survivorship pension benefit pursuant to Section 45-37-123.101.

(35) MISSING BENEFICIARY. The designated beneficiary of a member whose whereabouts are unknown to the system or who is nonresponsive, or both.

(36) MISSING PARTICIPANT. A member of the system who has separated from employment with the county without refund of his or her employee contributions and whose whereabouts are unknown to the system or who is nonresponsive, or both.

(37) NONSERVICE CONNECTED DISABILITY. A total disability or partial disability while the member is employed by the county which is not a service connected disability.

(38) NONVESTED. All members who are not vested.

(39) PAID MEMBERSHIP TIME. The time during which a member made, or shall have made, employee contributions to the system and other previous retirement systems, provided, however, that if a member, for any reason, including termination of employment, withdraws his or her employee contributions, the period during which the employee contributions are withdrawn shall be considered unpaid membership time, unless it was previously converted to paid membership time. Paid membership time also shall include a member’s absence due to qualified military service. Years of paid membership time shall be calculated in accordance with Section 45-37-123.84.

(40) PARTIAL DISABILITY. A permanent disability that is less than a total disability determined in accordance with Section 45-37-123.102(a)(3).

(41) PENSION BENEFIT. A superannuation retirement benefit, early retirement benefit, or deferred retirement benefit payable pursuant to Section 45-37-123.100 or a preretirement or postretirement joint survivorship pension payable pursuant to Section 45-37-123.103 or Section 45-37-123.101.

(42) PENSION BOARD. The administrator of the plan, whose powers and duties of administration are more fully described in Subpart 2.

(43) PERSONNEL BOARD OF JEFFERSON COUNTY. The personnel system for employees of the county.

(44) PLAN or SYSTEM. The General Retirement System for Employees of Jefferson County, which plan or system may sue or be sued, and in such name all of its business shall be transacted.

(45) PLAN YEAR. The plan’s accounting year of 12 months commencing on January 1 of each year and ending the following December 31.

(46) POSTRETIREMENT JOINT SURVIVORSHIP PENSION. The benefit described in Section 45-37-123.101.

(47) PRERETIREMENT JOINT SURVIVORSHIP PENSION. The benefit described in Section 45-37-123.103.

(48) PREVIOUS RETIREMENT SYSTEMS. The retirement systems established by Acts 1953, No. 551, 1953 Regular Session (Acts 1953, p. 766), as amended, the Employees’ Retirement System of Jefferson County, and by Acts 1961, No. 843, 1961 Regular Session (Acts 1961, p. 1250), as amended, the Employees General Retirement System of Jefferson County.

(49) QUALIFIED MILITARY SERVICE. Except as otherwise subsequently provided under 26 U.S.C. § 414(u), the performance of duty, on a voluntary or involuntary basis, in a uniformed service under competent authority, and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, a period for which an individual is absent from a position of employment for the purpose of an examination to determine the fitness of the individual to perform any duty, and a period for which an individual is absent from employment for the purpose of performing funeral honors duty.

(50) REGULAR DEFERRED RETIREMENT BENEFIT. A benefit payable pursuant to the terms of Section 45-37-123.100(c)(2).

(51) REGULATION. The income tax regulations as adopted by the Secretary of the Treasury or a delegate of the Secretary of the Treasury, as amended from time to time.

(52) REQUIRED BEGINNING DATE. As defined in Section 45-37-123.106(f)(6).

(53) RETIRED MEMBER. An individual who currently is receiving a pension benefit from the system pursuant to Section 45-37-123.100.

(54) SERVICE CONNECTED DISABILITY. A total disability or partial disability, caused by an accident or injury arising out of and in the course of a member’s employment with the county.

(55) SERVICE RECORD. An employee’s record of service upon which the pension board bases all of the member’s benefit calculations, including records of the county.

(56) SICK LEAVE RETIREMENT CONVERSION. A program sponsored by the county or other entities set forth in subdivision (20) wherein a member is paid for accumulated sick leave time.

(57) SUPERANNUATION RETIREMENT BENEFIT. A benefit payable pursuant to Section 45-37-123.100(a).

(58) SYSTEM or PLAN. The General Retirement System for Employees of Jefferson County, which system or plan may sue or be sued, and in such name all of its business shall be transacted.

(59) SPOUSE. The legal wife or husband of a member as determined in accordance with federal law.

(60) TOTAL DISABILITY. A permanent physical or mental condition of a member resulting from bodily injury, disease, or mental disorder which renders the member incapable of continuing usual and customary employment with the county. The disability of a member shall be determined by a licensed medical advisor.

(61) TRUSTEE. The pension board or the individual or entity appointed by the pension board and named as trustee herein or in any separate trust forming a part of the plan, and any successors.

(62) TRUST FUND. The tax-qualified trust in which certain plan funds are held, disbursed, transferred, and invested by the trustee at the pension board’s, or its designated investment manager’s, discretion and in accordance with this part, the Internal Revenue Code, and other applicable laws and regulations.

(63) UNPAID MEMBERSHIP TIME.

a. Subject to paragraph d., all of the following:

1. Time during which a member was employed by the county, but the member did not make employee contributions to the system or other previous retirement systems, or both.

2. Time during which a member withdrew employee contributions for any reason, including upon a termination of employment, unless this period of time was later converted to paid membership time.

3. Time during which an individual held an elective office or was employed in a full-time job or position in the service of any municipality, governmental agency, or subdivision or held an elective office, provided that at the time the individual served with the municipality, governmental agency, or subdivision, it was subject to the Personnel Board of Jefferson County.

b. Unpaid membership time shall not include any of the following:

1. Service with a municipality, governmental agency, or subdivision if the employee received a pension from the municipality, governmental agency, or subdivision, on account of such service or if such service was considered in the calculation of the pension.

2. Any unpaid membership time that has been converted to paid membership time.

3. Any service in a temporary job or position, as determined by the pension board.

c. If the prior service with a municipality, governmental agency, or subdivision was not an elective office or in a classified position, the prior service shall not be treated as unpaid membership time unless the employee establishes to the satisfaction of the pension board that the service was a full-time job.

d. Only with respect to employees entering the system on or before August 16, 1996, years of unpaid membership time are used in computing accrued benefits under the plan, as are months of unpaid membership time. Months are converted into a fraction of a year as set forth in Section 45-37-123.84. Notwithstanding any provision of the plan to the contrary, unpaid membership time shall not accrue after August 16, 1996, and shall not apply to members who initially join the system, or members who rejoin the system after having withdrawn, after August 16, 1996.

(64) VESTED. The portion of a member’s benefits under the plan that have accrued pursuant to Section 45-37-123.100(c)(2)b. and are therefore nonforfeitable. A member’s benefit shall become vested and nonforfeitable upon any of the following events:

a. The member’s accrual of at least 10 years of paid membership time.

b. Partial or full termination of the plan as set forth in Section 45-37-123.170.

c. Meeting the eligibility conditions for entitlement to a benefit under Subpart 5.

(65) WORKERS’ COMPENSATION BENEFITS. Any benefit paid to a member under any workers compensation law of the State of Alabama for any injury or disability suffered by the member while working for the county on the job or position by reason of which he or she is a member. Additionally, workers’ compensation benefits are included in compensation for purposes of determining employee contributions pursuant to Section 45-37-123.82. Workers’ compensation benefits are included in compensation for purposes of calculating a pension benefit only if inclusion of the workers’ compensation benefits produces a higher benefit than exclusion of such workers’ compensation benefits.
Ala. Code § 45-28-50 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-50
Section 45-28-50 Compensation
Status: reserved

The Constable of the District Court of Etowah County shall be paid an expense allowance of seven hundred dollars ($700) per month. The expense allowance shall be in addition to the expense allowance provided by Act No. 88-787, H. 302, 1988 First Special Session until it is repealed. The payments made to the constable prior to May 6, 1998, are confirmed and ratified. The expense allowance shall be paid from the county general fund.
Ala. Code § 45-48-70.17 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.17
Section 45-48-70.17 Annual Budgets
Status: in_force

It shall be the duty of the commission at some session in September of each calendar year, or not later than their first session in October following, to prepare and adopt an estimate of the income of the county for the fiscal year beginning on October first of the current calendar year, for all public funds under their supervision and control; and to estimate for the same fiscal year the expense of operations, and to appropriate for the various purposes the respective amounts that are to be used for each of such purposes. Provided, the appropriations so made shall not exceed the estimated total income of the county available for appropriations. It shall be the duty of every county official who is authorized by law to purchase supplies for the use of his or her office, to prepare and submit to the commission at or before the session of the commission at which the county budget is adopted, an estimate of the amount necessary to be spent by him or her for office supplies during the following fiscal year. The commission shall examine into such estimates and pass upon them, allowing therefor such amounts as the commission may seem to be proper for the purpose mentioned herein. And no obligation incurred by such officer over and above the amount approved by the commission and appropriated therefor shall be an obligation of the county, except to the extent therefor approved by the commission.
Ala. Code § 45-49-235.17 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-235.17
Section 45-49-235.17 Procedures Cumulative
Status: in_force

The procedures prescribed in this part shall be cumulative and in addition to all other bail and release procedures provided by law.
Ala. Code § 45-27-90.06 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-90.06
Section 45-27-90.06 Expenses of Authority
Status: in_force

The county governing body of Escambia County shall annually, before the end of the county’s fiscal year, fix the amount to be expended by the Industrial Development Authority herein created, and shall deposit such amount as it determines to be necessary for the efficient operation of the authority in a special fund in the county treasury to the credit of the authority. All other funds otherwise coming into the hands of the authority shall likewise be deposited in the fund. The ordinary and necessary operating expenses of the authority, including the expenses of its members and the salaries and expenses of employees of the authority shall be paid out of authority funds.
Ala. Code § 45-23-130.06 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-130.06
Section 45-23-130.06 Office Space and Equipment
Status: in_force

The commission shall furnish the county 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.
Ala. Code § 45-37-121.23 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.23
Section 45-37-121.23 Penalties
Status: in_force

Any person found guilty of doing any act herein declared to be a misdemeanor shall be punished as provided by law.
Ala. Code § 45-14-130.03 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-130.03
Section 45-14-130.03 Wages and Salaries for Necessary Labor
Status: in_force

It shall be the duty of the 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 roads, bridges, ferries, and public facilities; and the wage or salary scale shall not be exceeded by the engineer in the employment of labor and assistants.
Ala. Code § 45-20-160 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-160
Section 45-20-160 Financial Statement
Status: in_force

(a) The Covington County Commission shall have published an annual financial statement, showing the receipts and expenditures of money for the county. Such statement shall be published in a newspaper published in Covington County as soon as practicable after September 30th of each fiscal year.

(b) The cost of the publication of the financial statement shall be paid for from the general funds of the county.
Ala. Code § 45-48-244 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-244
Section 45-48-244 Levy of Tax
Status: in_force

In addition to all other taxes imposed by law, there is hereby levied a privilege or license tax in the amount hereinafter prescribed against every person engaging in Marshall County in the business of renting or furnishing any room or rooms, lodging, or accommodations, to any transient in any hotel, motel, inn, tourist court, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The amount of the tax shall be equal to one percent of the charge for such rooms, lodgings, or accommodations, including the charge for use of rental of personal property and services furnished in such room or rooms.
Ala. Code § 45-37A-52.91 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.91
Section 45-37A-52.91 Statement of Candidacy
Status: in_force

Any person desiring to become a candidate at any election for the office of mayor may become such candidate by filing in the office of the judge of probate of the county in which such city is situated, a statement in writing of such candidacy, accompanied by an affidavit taken and certified by such judge of probate or by a notary public that such person is duly qualified to hold the office for which he or she desires to be a candidate. Such statement shall be filed at least 45 days before the day set for such election and shall be in substantially the following form: State of Alabama, ______ County. I, the undersigned, being first duly sworn, depose and say that I am a citizen of the City of ______, in the state and county, and reside at ______ in the City of ______, that I desire to become a candidate for the office of mayor in that city at the election of the office to be held on the ______ day of August, next and that I am duly qualified to hold the office if elected thereto, and I hereby request that my name be printed upon the official ballot at the election. Signed ______; Subscribed and sworn to before me by ______, on this ______ day of ______, 2 _, and filed in this office for record on that day. ______, Judge of Probate. The statement shall be accompanied by a qualifying fee in an amount equal to three hundred dollars ($300) which qualifying fee shall be paid over by the judge of probate to the general fund of the city. At every such election all ballots to be used by voters shall be printed and prepared by the election commission or other body or official charged by law with the duty of conducting elections and at the expense of the city, and shall contain the names of all candidates directly underneath the words, for mayor. No names shall appear upon the ballot as a candidate for election except the names of such persons as have become candidates according to provisions as above set forth; no ballot shall be used at any such election except the official ballot prepared by the election commission or other body or official charged by law with the duty of conducting elections, except that the names of candidates may be suitably placed on voting machines if such machines are used to conduct such election.
Ala. Code § 45-32-81.20 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-81.20
Section 45-32-81.20 Investigators
Status: in_force

(a) The District Attorney of the Seventeenth Judicial Circuit composed of Marengo, Greene, and Sumter Counties may appoint a chief investigator and, from time to time, additional investigators. The chief investigator and any additional investigators shall serve at the pleasure of the district attorney. The chief investigator and any additional investigators shall meet the minimum standards for law enforcement officers and hold a current certification from the Alabama Peace Officers’ Standards and Training Commission.

(b) The chief investigator and any additional investigators shall have the same powers and authorities as deputy sheriffs and other law enforcement officers in this state. The investigators shall be paid in the same manner as other employees in the district attorney’s office. The investigators shall be responsible to the district attorney and shall perform duties as assigned by the district attorney.
Ala. Code § 45-49-260 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-260
Section 45-49-260 Qualifications and Requirements for Members of Boards, Commissions, Etc
Status: in_force

(a) Any law to the contrary notwithstanding, any person, regardless of profession, may be duly appointed to and serve on any Mobile County board, commission, or other public entity dealing with the planning, zoning, or subdivision of real estate in Mobile County, and on any municipal board, commission, or other public entity dealing with the planning, zoning, or subdivision of real estate within a municipality located in Mobile County.

(b) No member of any county or municipal agency, board, or commission shall vote on or participate in any matters in which the member or immediate family of the member has any financial gain or interest in the outcome of the vote.

(c) Members engaged in the real estate or development business shall not comprise more than one-third of the board.

(d) The operation of this section shall be retroactive to January 1, 1973.)
Ala. Code § 45-15-71 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-71
Section 45-15-71 Sale of Driveway Pipe
Status: in_force

(a) The Cleburne County Commission may sell driveway pipe to churches, schools, individuals, and nonprofit associations or corporations subject to this section.

(b) The county commission shall adopt a written policy on the selling of driveway pipe pursuant to this section which shall provide for the county commission to be justly compensated for the material sold including any indirect costs of the sale. Any material sold pursuant to this section shall be paid for at the time of delivery of the material.
Ala. Code § 45-33-235 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-235
Section 45-33-235 Records of Abandoned and Stolen Property; Storage
Status: in_force

(a) The Sheriff of Hale County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff’s office. These records shall state the description of the property, the date of recovery of the property, the serial or other identifying number of the property, and the place of recovery of the property. The records shall be open to public inspection at all reasonable times.

(b) All abandoned or stolen property recovered by the sheriff’s office shall be stored in a suitable place to protect the property from deterioration.
Ala. Code § 45-8-11.04 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-11.04
Section 45-8-11.04 Cost-of-Living Expense Allowances of Certain Officials
Status: in_force

(a) From May 1, 2002, until September 30, 2002, the Sheriff, License Commissioner, Tax Assessor, and Tax Collector of Calhoun County shall be entitled to receive a cost-of-living expense allowance in the amount of three percent of their annual salary for the fiscal year ending September 30, 2002, to be paid in equal monthly installments from the general fund of the county for the remaining months of the fiscal year. This expense allowance shall be in addition to any an all other compensation, salary, and expense allowance provided for by law.

(b)(1) On and after October 1, 2002, the sheriff, license commissioner, tax assessor, and tax collector shall be entitled to receive a cost-of-living expense allowance per annum in the amount of three percent of their annual salary on May 1, 2002, to be paid in equal monthly installments from the general fund of the county. This expense allowance shall be in addition to any and all other compensation, salary, and expense allowances provided for by law and shall be paid at the time the other expense allowances due the officers are paid.

(2) Effective beginning the next term of office of the sheriff and license commissioner, the expense allowance provided in subdivision (1) shall be included in the base salary of the official, and the expense allowance shall become null and void. In addition, the sheriff shall be entitled to receive any cost-of-living increase that county employees receive.

(c) Deductions from the cost-of-living expense allowances provided under this section shall be made for supernumerary programs, the State Employees’ Retirement System, or other retirement programs as provided by law, the same as if the expense allowances were salary.

(d) This section shall be read in pari materia with Section 40-6A-2. All compensation paid pursuant to this section to tax assessors, tax collectors, revenue commissioners, license commissioners, elected assistant tax assessors, or elected assistant tax collectors, or any official whose salary is prorated pursuant to Section 40-6A-2, shall continue to be prorated and paid from the same funds and in the same manner as provided under that section.
Ala. Code § 45-50-10 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-10
Section 45-50-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Monroe County local laws enacted after 1978 and all Monroe 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, sub-parts, 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 § 45-49-252.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-252.06
Section 45-49-252.06 Collection of Solid Waste
Status: in_force

(a)(1) Only county franchised collectors possessing valid permits shall engage in the business of providing solid waste management services to residential property within the county. Fees for such service shall be established by resolution or ordinance of the Mobile County Commission, consistent with the provisions of franchise agreements. Upon May 3, 1988, any proposed increase in fees charged shall be reviewed and approved in the following manner:

a. A franchised residential collector shall provide notice in a newspaper of general circulation in Mobile County that the collector will apply in writing to the solid waste management advisory board for an increase in fees charged, including the amount of the proposed fee increase, at least three weeks prior to the giving of such written application.

b. The collector, not less than 10 days thereafter, shall provide the written request for the fee increase to the advisory board.

c. The board shall then make its written recommendations as to the proposed fee increase to the county commission. The county commission, by resolution, shall either approve or deny the request for an increase in fees.

(2) Franchised collectors shall provide service as follows:

a. All residential wastes, except for rubbish, shall be collected and removed at least twice per week. Rubbish shall be collected and removed at least once per week. Pickups shall not be reduced by holidays, but pickups normally scheduled to be made on a holiday may be rescheduled upon approval by the commission. At least five days prior notification to the affected residential premises by publication of display ad one time in a newspaper of daily circulation in the county shall be provided.

b. The collector shall be required to pick up all garbage and rubbish not in excess of three 30-gallon receptacles generated by a residential premises, provided same is placed in a proper place. The collector shall also be required to pick up rubbish from the curbside in an amount not exceeding one cubic yard per week. This section may be modified or deleted by the commission by contract with individual collectors.

c. The collector shall make collection with a minimum of noise and disturbance to the householder. Waste receptacles shall be handled carefully by the collector and shall be thoroughly emptied and left where they were found, standing upright and with covers placed adjacent to the waste receptacle at the curbside. Waste may be transferred from the householders’ containers into tubs, cans, hampers, or other containers used by the collector in carrying waste to collection trucks. This work shall be done in a sanitary manner. Any waste spilled by the collector shall be picked up immediately by the collector’s employees.

d. All persons receiving residential service pursuant to this part shall place waste receptacle disposal containers and other items at the curb- side, secured from disturbance by animals, unless the collector has agreed to provide a special service collection at another location.

e. Special services such as backdoor collection, below ground collection, removal of any refuse other than residential waste as defined herein, or additional pickups not provided for in this part shall be subject to negotiations between the collector and the owner or occupant of the premises. Requests for pickup of bulky waste such as building materials, furniture, trees, sod, lumber, and other items not defined in this part as garbage or rubbish shall be considered as requests for special pickup services. Such special services shall not be covered by the fees and charges set out by ordinance or resolution, but shall be agreed upon by the parties requesting such service and the collector. Charges for special services shall not be unreasonable or excessive.

f. Customer restrictions:

1. A collector shall not be required to collect residential waste receptacles containing garbage or refuse not generated from the customer served and shall not be required to collect nonresidential waste.

2. A collector shall have the right to terminate service to any customer violating any provision of this part.

g. Any container used for the collection or storage of residential waste which fails to meet the standards prescribed by this part shall be clearly marked by the enforcement agency, specifying the manner in which the container fails to meet these requirements. Any container which fails to meet these requirements and is so marked shall be removed from service by the party furnishing it. Upon failure of the party furnishing the container to remove it from service after marking by the enforcement agency, the collector shall remove the container from service and destroy it.

(b) Arrangements for the management of nonresidential solid waste shall be made by the owner or tenant of the nonresidential property; or by the producer of the nonresidential solid waste.

(1) All nonresidential solid waste shall be collected at sufficient intervals to protect the environment; however, garbage produced on a nonresidential property shall be collected at least twice a week.

(2) Such collections shall be scheduled so that collection vehicles do not interfere with rush-hour traffic.

(3) Abandoned property shall be removed and disposed of in accordance with this code.

(4) The Mobile County Commission shall provide the necessary equipment and personnel to remove dead canine, feline, and other small animals on public property or private property, for a fee, and shall schedule such collections to provide pickup with a minimum of delay. The removal of other dead animals on public property shall be the responsibility of the department of public services; these animals shall be disposed of promptly to prevent them from becoming a sanitary nuisance. The above shall not apply to dead animals or parts thereof from any commercial or agricultural activity within this locality. But, in any event, if an animal is unknown or suspected to have died of a communicable disease, the handling and disposal of the carcass shall be in accordance with this code.
Ala. Code § 45-23-240.40 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-240.40
Section 45-23-240.40 Creation; Clerks and Assistants
Status: in_force

There is created within the Tax Assessor’s Office of Dale County a license division. The county commission shall furnish suitable quarters and provide the necessary forms, books, stationery, records, equipment, and supplies, except for such stationery forms and supplies as are furnished pursuant to law by the State Department of Finance or the Comptroller. The county commission shall insure that the tax assessor has sufficient staff and shall provide such 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 the office. The tax assessor shall have authority to employ such clerks, and other assistants, and to fix their compensation; provided however, the number and compensation of such clerks and other assistants shall be subject to the approval of the county commission. The compensation of such clerks and other assistants shall be paid biweekly out of the general fund of the county in the same manner as other county employees are paid.
Ala. Code § 45-49-91.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-91.03
Section 45-49-91.03 Call for Election
Status: in_force

The county commission may not call for an election without the petition required by this part.
Ala. Code § 45-45-82.25 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-82.25
Section 45-45-82.25 Administration; Personnel; Advisory Committee
Status: in_force

The presiding circuit judge for the county, or the county law librarian by designation of the presiding circuit judge, shall administer the county law library and shall disburse the law library funds, and shall appoint such librarians and assistants as are necessary for the proper operation of the library. The presiding judge of the circuit shall appoint an advisory committee to the county law library.
Ala. Code § 45-3A-51.06 — Alabama Code / Title 45 / Chapter 3A / Section 45-3A-51.06
Section 45-3A-51.06 Oaths; Perjury
Status: in_force

The monthly reports herein required to be made are not required to be made on oath, but wherever in this part any report is required to be sworn to, the same shall be sworn to by the taxpayer or his or her agent before some officer authorized to administer oaths; and any false statement of a material fact made with intent to defraud shall constitute perjury, and upon conviction thereof the person so convicted shall be punishable as provided by law.
Ala. Code § 45-30-250.18 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-250.18
Section 45-30-250.18 Transfer of Assets and Liabilities Upon Dissolution of Predecessor Entitites
Status: in_force

Upon approval of this article by the Governor and the filing of the certificate of incorporation by the authority, the Franklin County Water Coordinating and Fire Prevention Authority created pursuant to Amendment 518 to the Constitution of Alabama of 1901, and Act 88-914, 1988 1st Sp. Sess. (Acts 1982, p. 492) and the Franklin County Water and Fire Protection Authority, incorporated pursuant to Title 11, shall be dissolved. Also, at that time the assets and liabilities, including, but not limited to, outstanding bonded indebtedness, of the Franklin County Water Coordinating and Fire Prevention Authority and the Franklin County Water and Fire Protection Authority shall automatically be transferred to the Franklin County Water Service Authority created by this article.
Ala. Code § 45-43-246.35 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-246.35
Section 45-43-246.35 Collection and Enforcement
Status: in_force

The tax imposed by this subpart shall constitute a debt due Lowndes County and may be collected as provided by law. The tax, 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 tax is due or who is required to collect the tax. All of the provisions of the revenue laws of this state which apply to enforcement of liens for license taxes due this state shall apply fully to the collection of the tax herein levied, and the State Department of Revenue, for the use and benefit of Lowndes County shall collect such tax and enforce this subpart and shall have and exercise for such collection and enforcement all rights and remedies that this state or the department has for collection of the state sales and 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 tax levied by this subpart, and to otherwise enforce this subpart, including any litigation involving this subpart; and the department shall pay such special counsel such fees as it deems necessary and proper from the proceeds of the tax collected by it for Lowndes County.
Ala. Code § 45-23-141 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-141
Section 45-23-141 Applicability
Status: in_force

This part shall apply to all portions of Dale County except that portion of Dale County which lies within the city limits of the City of Ozark.
Ala. Code § 45-49A-64.21 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-64.21
Section 45-49A-64.21 Limitation on Eminent Domain
Status: in_force

Nothing herein shall be construed to authorize the acquisition by eminent domain of any real property or rights owned or held by railroads or utilities, both public and private.
Ala. Code § 45-42-82.47 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-82.47
Section 45-42-82.47 Fees
Status: in_force

(a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participation in the program shall be in addition to any court costs or fees and assessments for the crime victim’s compensation fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatment required by law, and any costs of supervision, treatment, and restitution for which the offender may be responsible. A schedule of payments for any of these fees may be established by the district attorney.

(b) The amount of the application fee shall be established by the district attorney.

(c) The application fee shall be allocated and paid to the following offices or entities as follows:

(1) Ten percent shall be allocated to the appropriate circuit or district court clerk in which the case originates to the clerk’s fund as provided by law and shall be available for use, at the discretion of the clerk, to support the office of the clerk.

(2) Five percent shall be allocated to Limestone County Children’s Advocacy Center for the use of the center, at the discretion of the head of the center, for law enforcement purposes. If the Limestone County Children’s Advocacy Center should be closed, this allocation shall revert to the Limestone County District Attorney’s Solicitor’s Fund.

(3) Five percent shall be allocated to the Limestone County Family Resource Center for the use of the center, at the discretion of the head of the center, for law enforcement purposes. If the Limestone County Family Resource Center should be closed, this allocation shall revert to the Limestone County District Attorney’s Solicitor’s Fund.

(4) The remainder of the application fees shall be allocated to the Limestone County District Attorney’s Solicitor’s Fund and shall be available, at the discretion of the district attorney, for any law enforcement purpose.

(d) An applicant offender may not be denied access into the pretrial diversion program based solely on the offender’s inability to pay the applicationfee. Application fees may be waived or reduced, for just cause, including indigency of the offender, at the discretion of the district attorney. Any determination of the indigency of the offender for purposes of program fee mitigation shall be made by the district attorney but such mitigation shall be done only upon a determination by the district attorney that there is no reasonable likelihood within the reasonably foreseeable future that the offender will have the ability to pay the application fee.
Ala. Code § 45-45-170.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-170.01
Section 45-45-170.01 Regulation of Dogs or Other Animals Running at Large
Status: in_force

The Madison County Commission shall have the power by ordinance to regulate and prevent within Madison County the running at large of all dogs or other animals and to pass all ordinances necessary for the impounding and sale of such dogs and destruction of dogs, so long as any ordinances are not inconsistent with Section 45-45-170 and no such ordinance shall permit the impounding of dogs which have a current Madison County license and a current inoculation for rabies unless the Madison County Commission has received a complaint regarding the dog running at large.
Ala. Code § 45-19-82.04 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-82.04
Section 45-19-82.04 Fees for Remote Access of Records
Status: in_force

(a) The Judge of Probate of Coosa County may charge and collect fees up to one dollar fifty cents ($1.50) or the equivalent of the regularly established photocopy fees, whichever is greater, for the remote access of records maintained in the office of the judge of probate.

(b) Fees collected pursuant to this section shall be deposited into a special fund of the judge of probate entitled the Probate Recording Fund.

(c) Fees from the fund may be disbursed at the discretion of the judge of probate for records retention and archiving, records reconstruction, records preservation, records maintenance, including, but not limited to, scanning, photocopying, purchasing, maintaining, and operating recording equipment, and for the protection of records from environmental decay and damage.

(d) All fees in the fund shall be audited by the Department of Examiners of Public Accounts in the same manner as other funds.
Ala. Code § 45-40-241 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-241
Section 45-40-241 Appraisers; Mapper
Status: in_force

The County Commission of Lawrence County is hereby authorized and empowered to employ an appraiser or appraisers to conduct ad valorem tax appraisal work on behalf of the county tax assessor’s office. The county commission may spend such funds out of the county general fund as is necessary to carry out this section including any funds necessary to employ a mapper as needed to perform any functions related to the appraisals provided herein.
Ala. Code § 45-49-151 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-151
Section 45-49-151 Creation; Composition; Public Records
Status: in_force

(a) There is created and established the Mobile County Racing Commission, the same being referred to as the racing commission or the commission. The commission shall consist of three members who shall be appointed as follows:

(1) One member (Place Number One) shall be appointed by a vote of two- thirds of the members of the Mobile County Legislative Delegation.

(2) One member (Place Number Two) shall be appointed by the Mobile County Foundation for Public Higher Education created pursuant to Acts 1962, No. 41, 1962 Special Session (Acts 1962, p. 51), if such foundation has been created in the county and if there is not such a foundation, then such member shall be appointed in the same manner as Place Number Three.

(3) One member (Place Number Three) shall be appointed by a majority vote of the municipalities of the county, each municipality being entitled to one vote and a majority of the governing body of such municipality determining how the vote is cast.

(b) No position may be filled more than six months prior to the expiration of the current term thereof. Each member shall hold office for a term of four years from the effective day of the appointment.

(c) Each member shall serve until his or her successor has been appointed and qualified. All books, records, maps, documents, and papers shall constitute public records, and be available for copying, examining, and inspecting during all normal business hours by any agency, official, or person.
Ala. Code § 45-11-172 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-172
Section 45-11-172 Applicability
Status: in_force

This part shall only apply in Chilton County in those areas of the county outside the corporate limits of any municipality.
Ala. Code § 45-49-102.31 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-102.31
Section 45-49-102.31 Policy Areas Implemented by Principal
Status: in_force

Subject to applicable state and school board guidelines and statutory state and federal provisions, the school council in a pilot program shall adopt a policy to be implemented by the principal in the following additional areas:

(1) Recommendation of optional courses to be approved by the school board.

(2) Determination of the schedule of the school day and week, subject to the beginning and ending times of the school day and school calendar year as established by the school board.

(3) Determination of the use of school space by outside groups during the school day and after school hours.

(4) Selection and implementation of discipline and classroom management techniques, including responsibilities of the student, parent, teacher, counselor, and principal.

(5) Selection of extracurricular programs and determinations of policies relating to student participation based on academic qualifications and attendance requirements, program evaluation, and supervision.

(6) Mandating and selection of school uniforms.
Ala. Code § 45-20-71.24 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.24
Section 45-20-71.24 Contracts, Deeds, and Conveyances
Status: in_force

Any contract, deed, or conveyance signed by the president of the board, and witnessed by the clerk of the board, on orders of and at the direction of the board, shall be valid and binding obligations of the county. Provided, further, that the president pro tempore may sign in lieu of the president in the absence of such president.
Ala. Code § 45-24-82.02 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-82.02
Section 45-24-82.02 Salary Increase
Status: in_force

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

(b) Commencing on September 1, 2013, the annual salary for the Judge of Probate of Dallas County shall be increased by twenty thousand dollars ($20,000) per annum, payable in equal monthly installments from the general fund of the county.
Ala. Code § 45-49-171.20 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-171.20
Section 45-49-171.20 Funding - Amounts
Status: in_force

There shall be paid annually, in equal monthly installments, out of the General Fund of Mobile County to the board of health of such county such sums of money as shall be reasonably necessary for the county health department, for the acquisition of land, the erection, construction, extension, renewal, and repair of any buildings and improvements thereon, and for the maintenance and operation of such department, under the direction of the county health officer, which sum for any fiscal year after September 30, 1987, shall not be less than a sum equal to one dollar seventy-five cents ($1.75) per capita of population according to the last or any succeeding federal census, and which sum for any fiscal year after September 30, 1989, shall not be less than a sum equal to two dollars ($2) per capita of population according to the last or any succeeding federal census. The amount to be appropriated each year shall be determined by the governing body of the county under the foregoing rules and directions. Such sum may be anticipated, but for not longer than 12 months, by temporary loan certificates issued by the county board of health, and, when anticipated, the proceeds shall be used for the same purposes as the sum so appropriated.
Ala. Code § 45-51A-33.215 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.215
Section 45-51A-33.215 Continuance of Contracts and Public Improvements
Status: in_force

All contracts entered into by the city, or for its benefit, prior to the adoption by such city of the mayor-council form of government, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time of the adoption of the mayor-council form of government may be carried to completion as nearly as practicable in accordance with such existing laws.
Ala. Code § 45-37-249.04 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-249.04
Section 45-37-249.04 Administration and Collection of Taxes
Status: in_force

Pursuant to and in conformity with Article 1 of Chapter 3 of Title 11, the county may, by ordinance or resolution, administer and collect, or contract for the collection of, the sales and use taxes authorized by this part.
Ala. Code § 45-37A-51.131 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.131
Section 45-37A-51.131 Method of Selection and Terms of Appointment of Board Members
Status: in_force

(a) The members of the board of managers, other than the mayor who shall always serve as chair, shall be selected and shall serve for the term as hereafter set forth.

(1) The mayor of the city shall always serve as the chair of the system.

(2) The member appointed by the personnel board shall have a minimum of seven years’ experience in an executive capacity in accounting, insurance, actuarial, investment, or banking work, and shall be a qualified voter and shall serve a four-year term. Should the appointed member die, resign, or otherwise be unable to serve, the vacancy thus created shall be filled by the personnel board for the unexpired portion of the term.

(3) The first of the two members elected by a majority of the votes cast by the general employees participants in the system shall be a participant in the system and shall be a qualified voter. In order to assure representation of all participants in the system, the participant, a general employee member, elected to fill a term shall be a participant who is not a firefighter or police officer. This participant-member of the board shall be elected by majority of the votes cast by general employee members by secret ballot to serve a term of four years commencing on the day the result of the election is declared. In the event the participant representative shall die, resign, or otherwise be unable to serve or no longer qualified, the general participants shall elect to fill the unexpired portion of the term a person who shall be a participant who is not a firefighter or police officer, but a general employee member of the city.

(4) The member appointed by the mayor shall have a minimum of seven years’ experience in an executive capacity in accounting, insurance, actuarial, investment, or banking work, shall be a qualified voter, and shall serve for a four-year term.

(5) The member elected by a majority of the votes cast by the participants in the system shall not be a participant in this system, shall have a minimum of seven years’ experience in an executive capacity in accounting, insurance, actuarial, investment, or banking work, and shall be a qualified voter. This nonparticipant member of the board shall be elected by secret ballot to serve a term of four years commencing on the day the result of the election is declared. In the event of a vacancy occurring during a term of this member of the board of managers, a replacement shall be elected by participants in this system in the same manner as that set forth in subsection (b).

(6) The member to be elected by the police officers of the system shall be a participant police officer who shall be elected by a majority of the votes cast by the police officers in the system and shall be a qualified voter. The police officer representative shall serve a four-year term. In the event of a vacancy occurring during a term of this member of the board, a replacement shall be elected by the majority of the votes cast by participants who are police officers to fill the unexpired portion of the term.

(7) The member to be elected by the firefighter participants of the system shall be a participant firefighter who shall be elected by a majority of the votes cast by firefighters in the system and shall be a qualified voter. The firefighter representative shall serve a four-year term. In the event of a vacancy occurring during a term of this member of the board, a replacement shall be elected by a majority of the votes cast by the participants who are firefighters of the fire department to fill the unexpired portion of the term.

(8) The second of two members elected by a majority of the votes cast by the general employee participants in the system shall be a participant in the system and shall be a qualified voter. In order to assure representation of all participants in the system, the participant, a general employee member, elected to fill a term shall be a participant who is not a firefighter or police officer. This participant-member of the board shall be elected by a majority of the votes cast by the general employee members by secret ballot to serve a term of four years commencing on the day the result of the election is declared. In the event the participant representative shall die, resign, or otherwise be unable to serve or no longer qualified, the general participants shall elect by a majority of the votes cast to fill the unexpired portion of the term a person who shall be a participant who is not a firefighter or police officer, but a general employee member of the city.

(9) The ninth member shall be a retiree elected by a majority of the votes cast by the retirees in the system, who shall be a retiree with a retirement benefit from the system and shall be a qualified voter. The retiree representative shall be elected by a majority of the votes cast by those retirees who have a retirement benefit and shall serve a four-year term. In the event the retiree representative shall cease to be retired, die, resign, or otherwise be unable to serve or no longer qualified, the retirees of the system shall by a majority of the votes cast elect to fill the unexpired portion of the term a person who shall be a retiree of the system.

(b) The elections of all elected members shall be called by the council after ninety days’ notice. Nominations of persons to fill these participant-members, nonparticipant, and retiree positions shall be made in writing by participants or retirees in this system as set forth herein and shall be filed with the council and the city clerk of the city no less than 30 days prior to the date of the election. The elections shall be by secret ballot. If a runoff election is required for any position, then the runoff election shall be under rules prescribed by the city council. The terms of the elected members shall be four years, effective on the date the results are declared. The council shall have the authority to prescribe and to change rules and regulations concerning the election of participant-members, the nonparticipant, and retiree member of the board; provided that the rules and regulations as prescribed or changed are not inconsistent with this subpart. Any member of the board may serve beyond his or her term until a successor is appointed or elected. Any member of the board may be removed by impeachment for corruption, malfeasance in office, or for habitual neglect of duty. Member 2, Member 3, Member 4, Member 5, Member 6, and Member 7 may hold their positions until elections for their respective board member positions are due for election in February, 2007.
Ala. Code § 45-37A-51.234 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.234
Section 45-37A-51.234 Termination of Employment; Ineligibility; Return of Contribution
Status: in_force

(a) In the event a participant shall terminate or be terminated from his or her employment with the city due to disability and such participant shall cease to be eligible for participation herein or in the event such participant shall cease to be a qualified employee and shall elect to terminate his or her participation in the system, the total amount of participant’s contributions, without interest thereon, shall be payable to the former participant, less an amount equal to one-half the total of all disability retirement benefits paid to the former participant. This section shall not require a return of contributions to an involuntary retiree who elects not to withdraw his or her contributions pursuant to Section 45-37A-51.224

(b) In the event a participant shall terminate or be terminated from his or her employment with the city for any reason other than disability and such participant shall cease to be eligible for participation herein or in the event such participant shall cease to be a qualified employee and shall elect to terminate his or her participation in the system, there shall be payable to the former participant an amount equal to the amount of the participant’s contributions without interest, less one-half of any benefit payments which may have been made. This section shall not require a return of contributions to an involuntary retiree who elects not to withdraw his or her contributions pursuant to Section 45-37A-51.224.
Ala. Code § 45-4-234 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-234
Section 45-4-234 Receipt of Badge, Pistol, Etc., Upon Retirement
Status: in_force

Any person employed as a law enforcement officer by the Sheriff’s Office of Bibb County for a period of 10 years or more who retires from the office in good standing may receive from the office, without cost, a retired badge, a retired commission card, and his or her service pistol, provided the pistol is furnished by the office.
Ala. Code § 45-55-81.74 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-81.74
Section 45-55-81.74 Relation to Other Laws
Status: in_force

All laws of Alabama relating to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and other instruments and records that may constitute part of an improved recording, archiving, and retrieving system installed hereunder, including, without limitation, Section 12–13–43, and all statutes respecting the filing and recording of notices or statements of liens of any kind, notices of lis pendens, declarations of claims or exemptions, certificates of judgment, or plats or maps showing subdivisions of real estate that are not inconsistent with this subpart shall continue in effect with respect to an improved recording, archiving, and retrieving system installed hereunder, the recording of instruments therein, and the duties of the judge of probate with respect thereto.
Ala. Code § 45-49-23.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-23.03
Section 45-49-23.03 Prohibited Activities Supplier
Status: in_force

A supplier is prohibited from doing the following:

(1) Failing to provide each wholesaler of the supplier’s brand or brands with a written agreement which contains in total the supplier’s agreement with each wholesaler, and designates a specific exclusive sales territory. Any agreement which is in existence on May 13, 1993, shall be renewed consistent with this part; provided, that this part may be incorporated by reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of this part, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 45-49-23.05 and 45-49-23.07.

(2) Fixing, maintaining, or establishing the price at which a wholesaler shall sell any wine.

(3) Entering into an additional agreement with any other wholesaler for, or selling to any other wholesaler, the same brand or brands of wine in the same territory or any portion thereof, or selling directly to any retailer in this state.

(4) Coercing, or attempting to coerce, any wholesaler to accept delivery of any wine, or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers having an agreement with the supplier.

(5) Coercing, or attempting to coerce, any wholesaler to accept delivery of any wine, or other commodity ordered by a wholesaler if the order was cancelled by the wholesaler.

(6) Coercing, or attempting to coerce, any wholesaler to do any illegal act or to violate any law or any regulation by threatening to amend, modify, cancel, terminate, or refuse to review any agreement existing between the supplier and wholesaler.

(7) Requiring a wholesaler to assent to any condition, stipulation, or provision limiting the wholesaler’s right to sell the brand or brands of wine or other products of any other supplier unless the acquisition of the brand or brands or products of another supplier would materially impair or adversely affect the wholesaler’s quality of service, sales, or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler. The supplier shall have the burden of proving that such acquisition of such other brand or brands or products would have such effect.

(8) Requiring a wholesaler to purchase one or more brands of wine or other products in order for the wholesaler to purchase another brand or brands of wine for any reason. Provided, however, the wholesaler has agreed to distribute a brand or brands before May 13, 1993, shall continue to distribute the brand or brands in conformance with this part.

(9) Requesting a wholesaler to submit audited profit and loss statements, balance sheets, or financial records as a condition of renewal or continuation of an agreement.

(10) Withholding delivery of wine ordered by a wholesaler, or change a wholesaler’s quota of a brand or brands if the withholding or change is not made in good faith.

(11) Requiring a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier.

(12) Taking any retaliatory action against a wholesaler that files a complaint regarding an alleged violation by the supplier of federal, state, or local law or an administrative rule.

(13) Requiring or prohibiting, without just and reasonable cause, any change in the manager or successor manager of any wholesaler who has been approved by the supplier as of or subsequent to May 13, 1993. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material, and reasonable standards and qualifications for managers of Alabama wholesalers of the supplier, which standards and qualifications previously have been consistently applied to Alabama wholesalers by the supplier. Provided, however, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications which are nondiscriminatory, material, and reasonable and have been consistently applied to Alabama wholesalers.

(14) Upon written notice of intent to transfer the wholesaler’s business, interfering with, preventing, or unreasonably delaying (not to exceed 30 days) the transfer of the wholesaler’s business if the proposed transferee is a designated member.

(15) Upon written notice of intent to transfer the wholesaler’s business other than to a designated member, withholding consent to or approval of, or unreasonably delaying (not to exceed 30 days after receipt of all material information reasonably requested) a response to a request by the wholesaler for, any transfer of a wholesaler’s business if the proposed transferee meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for Alabama wholesalers. Provided, however, the supplier shall meet the burden of proving that the proposed transferee does not meet such standards and qualifications which are nondiscriminatory, material, and reasonable and have been consistently applied to Alabama wholesalers.

(16) Restricting or inhibiting, directly or indirectly, the right of free association among wholesalers for any lawful purpose.
Ala. Code § 45-52A-35.09 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-35.09
Section 45-52A-35.09 Municipal Utilities Board - Bonding of Employees
Status: in_force

The board shall obtain and carry individual bonds or a blanket bond on all employees under the control of the board, in such amount and with such insurance company or insurance companies as may from time to time be determined by the board, insuring the City of Decatur and undertaking to indemnify the City of Decatur for any loss sustained by the City of Decatur or any of the utilities under the control of the board through any fraudulent or dishonest act or acts committed by any of the employees under the control of the board, acting alone or in collusion with others.
Ala. Code § 45-56-232 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-232
Section 45-56-232 Allowances for Feeding Prisoners
Status: in_force

In Randolph County, the sheriff in his or her official capacity may keep and retain the allowances for feeding prisoners payable by the state, counties, or municipalities, and after expending all amounts necessary for the feeding of prisoners, may expend any excess funds for the maintenance and upkeep of the county jail. In no event shall these funds be considered personal funds.
Ala. Code § 45-37-245 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-245
Section 45-37-245 Levy of Tax for Promotion of Birmingham as Convention and Visitors’ Destination
Status: reserved

(a) This section relates to Jefferson County.

(b) The taxes levied by this section shall become effective, or go into effect, on June 1, 1979.

(c)(1) Commencing on June 1, 1979, in addition to all other taxes imposed by law, there is hereby levied and shall be collected by the director of revenue as herein provided a privilege or license tax in the amount hereinafter prescribed against every person engaging in the county in the business of renting or furnishing any room or rooms, lodging, or accommodations, to any transient in any hotel, motel, inn, tourist court, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The director of revenue shall deduct and pay to the treasury of the county one percent of the total amount of the taxes, to compensate the county for the expenses incurred by it in collecting the taxes and in administering this section. Following that deduction, the director of revenue shall pay the remainder of the taxes to the Greater Birmingham Convention and Visitors Bureau of the county created under Part 2, commencing with Section 45-37-91, of Article 9. The amount of the tax shall be equal to one percent of the charge for such rooms, lodgings, or accommodations, including the charge for use of rental of personal property and services furnished in such room or rooms.

(2) The amount so collected shall be allocated to the Greater Birmingham Convention and Visitors Bureau established by Act 794, 1969 Regular Session (Acts 1969, p. 1425), and this amount shall be used for the promotion of Birmingham as a convention and visitors’ destination.

(d)(1) There are exempted from the provisions of the tax levied by this section and from the computation of the amount of the tax levied or payable hereunder the following: Charges for property sold or services furnished which are required to be included in the tax levied by the State Sales Tax Act; boarding houses, tourist homes, and similar establishments regularly offering less than five rooms for rental to transients; charges for the rental of rooms, lodgings, or accommodations furnished by any hospital, nursing home, convalescent home, or by any charitable or eleemosynary institution; charges for the rental of rooms, lodgings, or accommodations to a person for a period of 30 continuous days or more. The exemption hereby provided shall apply to any property sold or services furnished which are required to be included in any sales tax now or hereafter levied by the State of Alabama.

(2) The taxes levied by this section, except as otherwise provided herein, shall be due and payable on or before the 20th day of the month next succeeding the month in which the tax accrues. On or before the 20th day of each month after the effective date of the taxes every person on whom the tax is levied by this section shall render to the director of revenue on a form prescribed by him or her, a true and correct statement showing the gross proceeds of the business subject to the tax for the then preceding month, together with such other information as the director of revenue may demand and require; and at the time of making such monthly report the taxpayer shall compute and pay to the director of revenue the amount of taxes shown to be due; provided, however, that any person subject to the tax who conducts any business on a credit basis may defer reporting and paying the tax until after the person has received payment for the items, articles, or accommodations furnished; and in the event he or she so defers reporting and paying any such taxes he or she shall thereafter include in each monthly report all credit collections made during the then preceding month and shall pay the amount of taxes computed thereon at the time of filing such report.

(3) It shall be the duty of every person engaged or continuing in any business subject to the taxes levied by this section to keep and preserve suitable records of the gross proceeds of such business and such other books or accounts as may be necessary to determine the amount of tax for which he or she is liable under this section. Such records shall be kept and preserved for a period of five years and shall be open for examination at any time by the director of revenue or by any duly authorized agent, deputy, or employees of the director.

(4) Any person who fails to pay the tax levied by this section within the time required by this section shall pay in addition to the tax a penalty of 10 percent of the amount of tax due, together with interest thereon at the rate of one-half of one percent per month or fraction thereof the date on which the tax became due and payable, such penalty and interest to be assessed and collected as a part of the tax; provided, however, that the director of revenue may, if good and sufficient reason be shown, waive or remit the penalty or any portion thereof.

(e) The failure of any person to pay any tax levied by this section within the time specified for the payment of the same by the section shall constitute a misdemeanor; and the violation of any of the provisions of this section by any person shall constitute a misdemeanor. Any person violating any provisions of this section shall upon conviction be punished by fine of not more than five hundred dollars ($500) and may also be sentenced to hard labor for the county for not exceeding six months, either or both, unless a different punishment is prescribed herein.

(f) None of the provisions of this section shall be applied in such manner as to violate the commerce clause of the Constitution of Alabama. Should any provision of this section be held invalid, the invalidity thereof shall not affect the remaining provisions of the section.

(g) There are hereby repealed all existing ordinances of all municipalities within the county imposing, or levying any license tax on the hotel, motel, or tourist court business based on the gross receipts of such business or on a percentage of the charges made for rooms, lodgings, or accommodations. Such repeal of municipal ordinances shall not impair the power of the governing body of any municipality to reenact any ordinance hereby repealed, or to enact any new or different ordinance imposing, or levying, a license tax on the hotel, motel, or tourist court business based on the gross receipts of such business or on a percentage of the total charges made for rooms, lodgings, or accommodations.
Ala. Code § 45-49-120.32 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-120.32
Section 45-49-120.32 Records of the Department
Status: in_force

The records of the department, except such records as the rules may require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to regulations as to the time and manner of inspection which may be prescribed by the director.
Ala. Code § 45-22A-22 — Alabama Code / Title 45 / Chapter 22A / Section 45-22A-22
Section 45-22A-22 Increase to Special Ad Valorem Tax
Status: in_force

(a) The following words and phrases shall have the following meanings:

(1) AMENDMENT No. 56. That amendment to the constitution that was proposed by Act No. 383, H. 458, 1945 Regular Session.

(2) AMENDMENT No. 373. That amendment to the constitution that was proposed by Act No. 6, H. 170, 1978 Second Special Session.

(3) CITY. Cullman, Alabama.

(4) CONSTITUTION. The Constitution of Alabama of 1901.

(5) COUNCIL. Cullman City Council.

(6) SPECIAL SCHOOL TAX. The special ad valorem tax for the support and furtherance of education authorized in Amendment No. 56 and an election held in the city on April 19, 1960, and levied and collected on taxable property in the city.

(b) The city presently levies and collects the special school tax at a rate of $.75 on each one hundred dollars (7.5 mills on each dollar) of assessed value pursuant to Amendment No. 56. Pursuant to a resolution adopted by the council in accordance with Amendment No. 373, the city proposes to increase (by 9 mills) the rate at which it may levy and collect the special school tax to a maximum rate, for any tax year, which is equal to $1.65 on each one hundred dollars (16.5 mills on each dollar) of assessed value.

(c) Pursuant to subsection (1) of Amendment No. 373 and a resolution adopted by the council after a public hearing, the council may increase the rate at which the city levies and collects the special school tax to a maximum rate, for any tax year, which is equal to $1.65 on each one hundred dollars (16.5 mills on each dollar) of assessed value.

(d) The increase in the rate at which the special school tax may be levied and collected pursuant to this section is subject to the approval of a majority of the qualified electors residing in the city who vote on the proposed increase at a special election called and held for that purpose pursuant to the provisions of subsection (f) of Amendment No. 373.
Ala. Code § 45-37-150.19 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-150.19
Section 45-37-150.19 Applicability of Other Laws
Status: in_force

Any other law providing a penalty or disability upon a person who conducts or participates in bingo games, who possesses equipment used in conducting bingo, who permits bingo to be conducted on his or her premises, or who does other acts in connection with bingo shall not apply to such conduct when done pursuant to this article or rules promulgated under this article.
Ala. Code § 45-1-244 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-244
Section 45-1-244 The Crime Prevention Inc. and Spinners Inc
Status: in_force

In Autauga County, The Crime Prevention Inc. and Spinners Inc. are hereby exempted from the payment of any and all county and municipal sales and use taxes.
Ala. Code § 45-29-140.02 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-140.02
Section 45-29-140.02 Incorporation of Authority
Status: in_force

(a) Within 45 days after July 13, 1990, three applicants shall be appointed to proceed to incorporate the Fayette County Water Coordinating and Fire Prevention Authority by filing for record in the office of the judge of probate of the 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 provided in this section. The applicants shall be appointed as follows: One applicant shall be appointed by the state senator who represents the senatorial district in which Fayette County is located; one applicant shall be appointed by the members of the House of Representatives representing Fayette County; and one applicant shall be appointed by the Fayette County Commission.

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

(1) The names of the persons forming the authority, together with the residence of each, and that each of them is a resident of and an owner of real property in the area of Fayette County in which the authority proposes to render water service and available water for fire protection purposes and that each of them is a duly qualified elector of the county.

(3) The period for the duration of the authority.

(2) The name of the authority shall include the words Fayette County Water Coordinating and Fire Prevention Authority.

(4) The name of the county in which incorporated, together with the date.

(5) The location of the principal office of the authority, which shall be in Fayette County.

(6) Matters relating to participation by citizens in the Fayette County Water Coordinating and Fire Prevention Authority and the existence of any connection fees, meter fees, user fees, and rates and provisions for any changes therein.

(7) A concise legal description of the area or areas in which the authority proposes to render water service and certain fire protection facilities.

(8) The statement that a master plan shall be developed for the authority.

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

(c) 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.

(d) When the certificate of incorporation is filed for record, there shall be attached to it a certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty.

(e) The judge of probate shall promptly examine all such documents. If he or she shall find that all such documents are complete and regular on their face and that the form and contents of the certificate of incorporation comply with this article, the judge of probate shall enter and sign an order setting forth his or her findings and requiring all such documents to be recorded, together with his or her order. Upon the filing for record of the order and the documents referred to therein, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation.

(f) 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 § 45-3-140 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-140
Section 45-3-140 Applicability
Status: in_force

The provisions of this article shall apply to all portions of Barbour County except that portion of Barbour County which lies within the city limits of the City of Eufaula.
Ala. Code § 45-42-150.03 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-150.03
Section 45-42-150.03 Bingo Games - Permit Requirements
Status: in_force

(a) Each bingo permit shall contain the name and address of the permit holder, the location at which the permit holder is permitted to conduct bingo, and the day or days of the week on which the permit holder is permitted to conduct bingo.

(b) The bingo permit holder shall display the permit conspicuously at the location where bingo is being conducted at all times during the conduct of the games.
Ala. Code § 45-2-221.05 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-221.05
Section 45-2-221.05 Application Form
Status: in_force

Applicants submitted for historic district or preservation district designation need be of no particular form, but shall contain the following information:

(1) The name, address, and telephone number of the applicant. If applicant is a group or organization, include the name of the person who is to be contacted with respect to the application.

(2) A written description of the proposed district, including present land use and general location, and of the structures and sites within the district, their condition, appearance, etc.

(3) A map or other graphic description of the proposed district.

(4) The legal description of the proposed district.

(5) The historic, architectural, or other significance of the proposed district.

(6) A one page petition for each property owner within the proposed district, whether the property owner signed in support or opposition or was nonresponsive to the petitioned cause.

a. For the purpose of this part, each parcel of land is considered to have a single owner whether the parcel is owned by: An individual, a joint arrangement, a family unit, a partnership, a corporation, a religious or fraternal organization, or a government body.

b. Each petition shall identify the property owner by name and shall list all property thusly owned by that property owner within the district by map and parcel number as maintained by the Baldwin County Tax Assessor.

(7) A list of all land parcels within the district by map and parcel number, property owner name and address, and indication of support or opposition for the petitioned cause.

(8) A survey of significant sites and structures within the district.

(9) A list of national and/or state register designees.

(10) A proposed plan of development, if any.
Ala. Code § 45-39-92.01 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-92.01
Section 45-39-92.01 Authority Created; Composition
Status: in_force

(a) To improve the Shoals economic quality of life through the active promotion and development of better employment opportunities and to assist the county commissions or other like governing bodies in Colbert and Lauderdale Counties in their pursuits therefor, there is created the Shoals Economic Development Authority.

(b) The authority shall be composed of 24 members. All members of the authority shall be residents and qualified electors of Colbert County or Lauderdale County, respectively. Six members of the authority shall be appointed by the Lauderdale County Commission. Initial appointments by the Lauderdale County Commission shall include all of the following:

(1) Two appointments for a one-year term.

(2) Two appointments for two-year terms.

(3) Two appointments for three-year terms.

(c) Three members of the authority shall be appointed by the Colbert County Commission. Initial appointments by the Colbert County Commission shall include all of the following:

(1) One appointment for a one-year term.

(2) One appointment for a two-year term.

(3) One appointment for a three-year term.

(d) Six members of the authority shall be appointed by the governing body of Florence. Initial appointments by the Florence governing body shall include all of the following:

(1) Two appointments for a one-year term.

(2) Two appointments for two-year terms.

(3) Two appointments for three-year terms.

(e) The governing bodies of Muscle Shoals, Sheffield, and Tuscumbia shall appoint three members each to the authority. Initial appointments by the governing bodies of Muscle Shoals, Sheffield, and Tuscumbia shall include the following appointments by Muscle Shoals, Sheffield, and Tuscumbia:

(1) Each shall appoint one person for a one-year term.

(2) Each shall appoint one person for a two-year term.

(3) Each shall appoint one person for a three-year term.

(f) Upon the expiration of the initial terms of office, successor authority members shall be appointed by the appointing governing bodies for three-year terms of office. All members of the Shoals Industrial Development Authority shall continue to serve as members of the authority until the expiration of their term, as previously appointed. Successors to members of the board shall be appointed in the same manner as the original members are appointed and all members shall serve until their successors are appointed.

(g) Vacancies on the board shall be filled by the appointing authority making the original appointment, but any person appointed to fill a vacancy shall serve only for the unexpired portion of their term. The composition, appointment, and terms of office of the authority may be altered by subsequent legislative acts.
Ala. Code § 45-49-120 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-120
Section 45-49-120 Definitions
Status: in_force

In this part, words used in the masculine gender include the feminine and neuter genders, and words used in the neuter gender include the masculine and feminine genders. The following words, terms, and phrases, wherever used in this part, shall have the meanings respectively ascribed to them in this section unless the context plainly indicates a contrary meaning:

(1) APPOINTING AUTHORITY or APPOINTING POWER. A person, officer, board, commission, or other body or person whose lawful jurisdiction or powers are confined wholly or primarily within the territorial limits of Mobile County, or any incorporated city or town therein, and who or which have the power to make appointments to offices or positions of employment or trust in any of the classified service as in this part defined.

(2) BOARD. The personnel board created by this part.

(3) CLASSIFIED SERVICE. Includes all offices, positions, and employment in Mobile County or any such city therein as these offices, positions, and employment now exist or as they may hereafter exist, the holders of which are paid whether by salary, wages, or fees in whole or in part from funds of Mobile County or any such city, or the holders of which receive their compensation from any elected official and perform duties pertaining to the office of such elected official or officer, except those placed in the unclassified service by Section 45-49-120.01.

(4) COMMITTEE. The Supervisory Committee of the Mobile County Personnel Board created by this part.

(5) DIRECTOR. The personnel director created by this part.

(6) EMPLOYEE or APPOINTEE. A person in the classified service herein set up and appointed by an appointing authority, unless herein specifically excepted.

(7) EMPLOYMENT REGISTER. Records containing names, of those persons who have successfully completed their prescribed tests, listed and ranked in order of their final earned average from the highest to the lowest.

(8) MUNICIPALITY or CITY. A duly incorporated town, village, or city within Mobile County.

(9) PUBLIC HEARINGS. A meeting of the board, open to the public, whereat any citizen, taxpayer, or party at interest may appear and be heard subject to such rules and regulations as may be fixed by the board.

(10) PUBLIC RECORD. A record which the public shall have the right to inspect in a reasonable manner during ordinary business hours.

(11) ROSTER. Records of persons in the classified service, containing information as to their service.

(12) RULES. The regulations adopted by the board for carrying out this part.

(13) TESTS. Written or oral examinations, or both, or other methods established, by rules and regulations of the board or the director, or both, as herein provided, to determine the merit, efficiency, and general fitness of applicants for positions.
Ala. Code § 45-17-243.03 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-243.03
Section 45-17-243.03 Sales Tax to Be Added to Sales Price
Status: in_force

Each person engaging or continuing within the county in a business subject to the sales tax authorized to be levied in Section 45-17-243.01 shall add to the sales price and collect from the purchaser the amount due by the taxpayer on account of the tax. It shall be unlawful for any person subject to the sales tax authorized to be levied in Section 45-17-243.01 to fail or refuse to add to the sales price and to collect from the purchaser the amount herein required to be so added to the sales price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the tax 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 tax or any portion thereof.
Ala. Code § 45-37-243.05 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-243.05
Section 45-37-243.05 Permit Required
Status: in_force

It shall be unlawful for any person having no place of business within any county subject to this subpart to make any sale, distribution, or delivery of any alcoholic, spirituous, vinous, or fermented liquors within such county without first having obtained a permit to do so from the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties; and such person shall be liable for and subject to the license tax fixed and specified in this subpart; and it shall be unlawful for any person to purchase or bring into the county any covered beverages from outside any county subject to this subpart for resale in any county subject to this subpart without having first obtained a permit to do so from the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties, provided that any person purchasing any covered beverages from outside any county subject to this subpart for resale in such county without having first obtained a permit to do so from the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties shall be fined not less than one hundred dollars ($100) and the alcoholic beverage license and the permit of any such person may be suspended for 12 months.
Ala. Code § 45-52-200.03 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-200.03
Section 45-52-200.03 Alternative Procedures
Status: in_force

The procedure authorized by this subpart for the payment of ad valorem taxes and motor vehicle license taxes, boat licenses, and business licenses and the issuance of license tags and licenses is optional, additional, and alternative to the procedure now provided by law. Each owner of a motor vehicle, each boat owner, and each business licensee shall continue to have the right to pay taxes and license fees and to receive his or her tag in person without the payment of the additional fee hereinabove provided.
Ala. Code § 45-2-241.02 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-241.02
Section 45-2-241.02 Expense Allowance; Salary
Status: in_force

(a) Commencing on June 1, 2017, the Revenue Commissioner of Baldwin County shall be entitled to an additional expense allowance in the amount of twenty thousand dollars ($20,000) per annum, 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 shall be increased by twenty thousand dollars ($20,000) per annum, payable in equal monthly installments from the general fund of the county and at that time, subsection (a) shall be come null and void.
Ala. Code § 45-4-170 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-170
Section 45-4-170 County Health Department - Service Fees
Status: in_force

(a) The West Alabama District Board of Health shall designate the services rendered by the Bibb County Health Department for which a reasonable fee may be charged and shall set the maximum allowable fee to be charged for each service.

(b) The Bibb County Health Department shall be authorized to charge and collect such fees. Any fees to be charged under the authority of this section by the county health department shall be subject to approval by the respective county commission prior to implementation. All fees collected shall be in addition to any and all federal, state, and local appropriations. Any fees collected shall be processed in accordance with the recommendations of the State Examiners of Public Accounts.

(c) No citizen shall be denied any service because that person is unable to pay. West Alabama District Board of Health may establish a sliding fee scale based on ability to pay.

(d) This section shall not apply to nor affect any fees otherwise authorized, set, and collected under state, local, or federal law or regulation.

(e) All fees collected pursuant to this section are hereby appropriated to the Bibb County Health Department which collected such fees.
Ala. Code § 45-56-83.20 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-83.20
Section 45-56-83.20 Recording Fees
Status: in_force

In Randolph County, the county commission may impose a special recording fee of up to four dollars ($4) to be paid to the county, and collected by the judge of probate, on each real property instrument and each personal property instrument that may be filed for record in the probate office and for the recording of other instruments and documents in the probate office. The special recording fee shall be in addition to all other fees, taxes, and other charges required by general law to be paid upon the filing for record of any real property instruments or personal property instruments and for the recording of other instruments and documents in the probate office. All special recording fees collected shall be deposited on a monthly basis in the county general fund by the judge of probate and shall be used for general county purposes.
Ala. Code § 45-41A-10.10 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.10
Section 45-41A-10.10 Proceeds from Sale of Bonds
Status: in_force

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the use of bond proceeds to establish reserve funds as security for the payment of the principal of (and premium, if any) and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expense may include, but shall not be limited to, the fiscal, engineering, legal, and other expenses incurred in connection with the issuance of the bonds, and except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date.
Ala. Code § 45-52-200.01 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-200.01
Section 45-52-200.01 Application and Renewal by Mail
Status: in_force

(a) With regard to motor vehicles, on or after the first day of the month immediately preceding the month in which a motor vehicle license is to expire, the licensing officer, if he or she elects to do so, may mail an application, or renewal therefor, in the form and containing the information hereinafter provided to all owners of motor vehicles listed as such in the motor vehicle license records, including transfers, in his or her office, or at his or her option, to such owners as request that an application be mailed to them. The application shall be on a form to be provided by the State Department of Revenue. The application form shall contain a space for the name and address of the owner of the motor vehicle and the make, model, year, and motor number of his or her motor vehicle and such other information with respect thereto as the State Department of Revenue may prescribe. The application form shall also contain a space for the correct amount of ad valorem taxes (state, county, school districts, and municipal) and the amount of the motor vehicle license tax due thereon and the issuance fee, including the mailing fee provided for herein. The application form shall also contain a space for the owner to fill in his or her present address, if different from that shown in the application form, and a space for his or her signature. The licensing officer shall cause the application form to be filled in with the name and address of the owner; the description of the motor vehicle; the license tax and fees due, as shown on the license registration and transfer records in his or her office; and the amount of ad valorem taxes due on the motor vehicle. The licensing officer shall thereupon cause the application, so filled in, to be mailed to the owner of the motor vehicle at his or her address shown thereon, or at the address to which the owner requests that the application form be mailed. The owner of the motor vehicle, if he or she is still the owner of the motor vehicle and if he or she desires to pay his or her motor vehicle ad valorem taxes and license tax and secure his or her motor vehicle registration tag by mail, shall sign the application form, indicating thereon any change of address, and return the same by mail together with his or her remittance for ad valorem taxes, license taxes, and fees as shown thereon to the licensing officer. Money orders and checks for the payment of such taxes and fees shall be made payable to the licensing officer. Upon receipt of the signed application form and the remittance for the amount properly due for ad valorem taxes, license tax, and fees, the licensing officer shall thereupon mail a receipt for the taxes and fees and the license tag for his or her motor vehicle to the owner thereof. When an application is returned to the licensing officer, unsigned or when less than the correct amount of the taxes and fees due therefor have been paid, due to a change of address or other causes, the application shall be returned to the owner for correction or for signature. A return of an application or remittance, however, shall not extend the time within which taxes may be paid or a tag secured. If more than the correct amount of taxes and fees is received, the licensing officer shall retain the correct amount of taxes and fees and return the excess together with the tag for the motor vehicle.

(b) With regard to boat licenses and business licenses, and renewals there-of, the licensing officer, if he or she elects to do so, may mail applications therefor on or after the first day of September of each year. The applications shall either be prepared by the department of revenue, or shall be in such form and contain such information as required by the department. Application forms shall also contain a space for the owner to fill in his or her present address, if different from that shown in the application form, and a space for his or her signature. The licensing officer shall cause the application form to be filled in with the name and address of the owner; a description of the boat, for boat licensing; and the license taxes due thereon. The licensing officer shall thereupon cause the application, so filled in, to be mailed to the boat owner or business licensee at his or her address shown thereon, or at the address to which the owner or licensee requests that the application form be mailed. The owner or business licensee, if he or she is still the owner or is subject to business licensing and if he or she desires to pay by mail, shall sign the application form, indicating thereon any change of address, and return the same by mail together with his or her remittance for license taxes, and fees as shown thereon to the licensing officer. Money orders and checks for the payment of fees shall be made payable to the licensing officer. Upon receipt of the signed application form and the remittance for the amount properly due for the license and fees, the licensing officer shall thereupon mail a receipt for the license and fees. When an application is returned to the licensing officer, unsigned or when less than the correct amount of fees due therefor have been paid, due to a change of address or other causes, the application shall be returned to the owner or licensee for correction or for signature. A return of an application or remittance, however, shall not extend the time within which license fees are due. If more than the correct amount of fees is received, the licensing officer shall retain the correct amount and return the excess.
Ala. Code § 45-10A-20 — Alabama Code / Title 45 / Chapter 10A / Section 45-10A-20
Section 45-10A-20 Election of Council Members
Status: in_force

(a) Any law, whether special, local, or general, or municipal ordinance, to the contrary notwithstanding, pursuant to Civil Action No. 87-T-1174-N, U.S. District Court for the Middle District Northern Division Federal Court Order, the City of Centre in Cherokee County, shall not designate by place number, or by other similar method, seats for city council.

(b) The City Council of the City of Centre, Alabama, shall consist of seven members elected at large, without designated or numbered places. In the election of members of the city council, the seven candidates receiving the greatest number of votes shall be elected to the council. There shall be no run-off election and in the event of a tie vote, the winner shall be selected by a majority vote of the newly elected mayor and council.

(c) In the election for members of the city council, each qualified voter is authorized to cast as many as seven votes. Such voter may cast these seven votes naming the seven candidates; or, divided among several or more candidates, or, cumulatively all for one candidate.

(d) The requirement for office, application for candidacy, and the fees therefor shall continue to be set by resolution of the city council. It is expressly provided that all other provisions of law and ordinances relating to elections for city council members shall remain effective and except as herein provided, the office of city councilman and the operation of the governing body of Centre, Alabama, shall continue as otherwise provided by law.
Ala. Code § 45-4-60.08 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-60.08
Section 45-4-60.08 Personal Effects of Deceased; Notice to Next of Kin
Status: reserved

Repealed Act 2015-321 effective June 3, 2015.
Ala. Code § 45-9-171 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-171
Section 45-9-171 Issuance of Death Certificates
Status: in_force

(a) In Chambers County any county health officer or administrator is hereby authorized to issue an official death certificate in any case within the county, except where an autopsy is required. Data obtained from the attending physician or funeral director shall be kept on file for one year following the death for the purpose of issuing such death certificate. Such certificate shall be in all particulars the same as those issued by the State Department of Public Health in any court or for insurance purposes. Nothing in this section shall affect any existing duty of any person to gather and transmit data to the local registrar or to the State Health Department.

(b) The county health office shall not later than 10 days from the date of death, make such official death certificate available to the surviving spouse or next or kin of the deceased at a fee not greater than that charged by the State Health Department for the same service. The county health officer shall cause a complete and correct account to be kept of all fees received by him or her under this section and shall pay the proceeds from the fees into the Chambers County general fund. Any officer failing to comply with this subsection is guilty of a Class C misdemeanor under general law, and punishable as provided therefor.
Ala. Code § 45-37A-52.93 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.93
Section 45-37A-52.93 Compensation
Status: in_force

(a) The mayor shall receive an annual salary payable in monthly installments at the end of each month, the installments to be paid at the same rate for any portion of the month during which the mayor shall hold the office at the rate hereinafter provided. The annual salary which the mayor shall receive shall be sixty-eight thousand dollars ($68,000) annually.

(b) This section shall become effective August 13, 1987, but shall not be applicable to the compensation of the mayor of any city affected hereby until the commencement of the next term of office of such mayor next following August 13, 1987.
Ala. Code § 45-49-21 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-21
Section 45-49-21 Identification Numbers; Registration; Documentation
Status: in_force

(a) Notwithstanding any other law to the contrary, when a licensee of the Alcoholic Beverage Control Board makes a retail sale in Mobile County, for off-premises consumption of beer or malt beverages in a keg which is either sold or leased in the sales transaction in Mobile County, the licensee shall affix an identification number on the keg and shall register the keg in the name of the buyer or lessor of the keg. Documentation of the sale or lease transaction, including verification that the purchaser was of legal drinking age, the amount of beer or malt beverage sold in the keg, and the name of the person or entity which purchased or leased the keg shall be retained by the licensee for 30 days from the date of the transaction.

(b) For purposes of this section, the term keg means any brewery-sealed container of beer or malt or brewed beverage which has a capacity of not less than two gallons.

(c) The Mobile County Sheriff’s Department shall promulgate the necessary rules and regulations to carry out this section.

(d) Failure by a licensee to comply with this section shall constitute a violation.
Ala. Code § 45-26-244.31 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-244.31
Section 45-26-244.31 Definitions
Status: in_force

As used in this subpart, sales and use tax means the same type of tax imposed by the following state sales and use tax statutes: 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.
Ala. Code § 45-20-242.57 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-242.57
Section 45-20-242.57 Applicability of Parallel State Provisions
Status: in_force

All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of reports and keeping and preserving records with respect thereto, interest after due date of tax, penalties for failure to pay 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 this subpart when applied to the tax levied pursuant to Section 45-20-242.51, shall apply to the county tax levied; 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 due date of tax, penalties for failure to pay tax, make reports or otherwise 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 this subpart when applied to the county use tax levied shall apply to the county tax. The Commissioner of Revenue and the State Department of Revenue shall have and exercise the same powers, duties, and obligations with respect to the county taxes levied as are imposed on the commissioner and the department, respectively, 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 in this subpart to the county taxes levied and to the administration of this subpart are incorporated herein by reference and made a part hereof as if fully set forth herein.
Ala. Code § 45-8-241.21 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-241.21
Section 45-8-241.21 Payment and Collection of Taxes
Status: in_force

The tax levied under the provisions of this subpart shall be paid to and collected by the State Department of Revenue, hereinafter referred to as the department, at the same time and along with the collection of the state lodging tax.
Ala. Code § 45-54-241.04 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-241.04
Section 45-54-241.04 Disposition of Funds
Status: in_force

Except as otherwise provided in this part, all proceeds from the tax levied by this part shall be deposited into the Pickens County General Fund and shall be allocated to the Pickens County Tourism Association for the promotion of tourism.
Ala. Code § 45-52A-32 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-32
Section 45-52A-32 Retirement Pension Benefits
Status: in_force

The governing body of the City of Decatur is authorized and empowered to grant a retirement pension benefit in the amount of ($50) fifty dollars per month to those retired employees of the city or their designated beneficiaries who are currently receiving a retirement pension benefit from the city’s initial retirement plan with the Mutual Savings Life Insurance Company. The pension benefits granted to such retirees or their beneficiaries shall be paid from the city general fund.
Ala. Code § 45-51-82.23 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-82.23
Section 45-51-82.23 Appointment of Committee or Advisory Council
Status: in_force

(a) The Presiding Judge of the Criminal Division of the Fifteenth Judicial Circuit may appoint a committee or advisory commission comprised of at least seven citizens of counties within the circuit which shall be known as the Citizens Advisory Commission on Prosecution. The committee or commission shall serve at the pleasure of the appointing authority for the circuit, and shall make recommendations to the district attorney concerning which defendants shall be eligible or shall not be eligible for preprosecution or pretrial diversion based upon criteria established by the district attorney and the committee, and upon its consideration of factors enumerated in Section 45–51–82.22.

(b) The committee or commission shall serve without personal profit, but may be paid from the district attorney’s fund for actual expenses incurred in connection with its duties.

(c) At least one member shall be appointed by the recommendation of the presiding judge of the circuit, and at least one member shall be appointed upon the recommendation of the board of directors of the bar association of the county comprising the circuit. (Act 1978, No. 706, p. 1015, § 4.)
Ala. Code § 45-29-243.01 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-243.01
Section 45-29-243.01 Tax to Be Added to Sales Price of Tobacco Products
Status: in_force

Upon passage of this part there is levied on every person, firm, corporation, club, or association that sells or stores or receives for the purpose of distribution in Fayette 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, and like 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 the 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. It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Fayette County in the business for which the tax is hereby levied to fail or refuse to add to the sales price and collect from the purchaser the amount due on account of the tax herein provided or to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption of the tax or any portion thereof. Any person, firm, corporation, club, or association violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than one hundred dollars ($100) or imprisoned in the county jail for not more than 60 days, or by both such fine and imprisonment. Each act in violation of this section shall constitute a separate offense.
Ala. Code § 45-37-210.20 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-210.20
Section 45-37-210.20 Definitions
Status: in_force

As used in this part, the following terms have the following meanings:

(1) COUNTY COMMISSION. The Jefferson County Commission.

(2) MOTOR VEHICLE BURNOUT. The practice of intentionally keeping a motor vehicle stationary by using the brake pedal or parking brake of the vehicle, while simultaneously engaging the gas pedal to allow one set of wheels to spin. The practice may result in the vehicle tires being heated to a sufficient degree so as to cause smoke to appear.

(3) MOTOR VEHICLE DONUT. The intentional and unnecessary operation of a motor vehicle in a manner that causes the vehicle to move in a zigzag or circular course or to gyrate or spin around. The term does not include maneuvering the otherwise lawfully operated vehicle when necessary to avoid collision, injury, or damage.

(4) MOTOR VEHICLE EXHIBITION OF SPEED. The operation of one or more vehicles from a starting point to an ending point, or over a common selected course, for the purpose of exhibiting the speed or power of the vehicle.

(5) MOTOR VEHICLE SIDESHOW. An event in which one or more persons perform motor vehicle stunts, including burnouts, donuts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators.

(6) MOTOR VEHICLE SPEED CONTEST. The operation of two or more vehicles at accelerated speeds from a starting point to an ending point in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from a starting point to an ending point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit. The term includes drag racing.

(7) OFF STREET PARKING FACILITY. Any public or private lot, building, or space used for the parking of motor vehicles, regardless of whether charges are made for the use thereof.

(8) TRAFFIC ENFORCEMENT OFFICER. Any parking enforcement officer or traffic enforcement officer, as designated by the county commission or a municipality within Jefferson County, who is not required to be certified by the Alabama Peace Officers’ Standards and Training Commission; and any law enforcement officer.
Ala. Code § 45-12-82.12 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-82.12
Section 45-12-82.12 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 § 45-10-245.04 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-245.04
Section 45-10-245.04 Application of Department of Revenue Laws, Rules, and Regulations
Status: in_force

All laws and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section 40-25-1 through Section 40-25-28, requiring reports from dealers and prescribing penalties for violations shall apply with equal force to the tax levied by this part as fully as if set out herein.
Ala. Code § 45-27-247.06 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-247.06
Section 45-27-247.06 Payment of License Tax; Commission
Status: in_force

(a) The license tax imposed by this subpart shall be paid to the judge of probate and the judge of probate, after first reimbursing the county general fund for expenses incurred in the administration and enforcement of this subpart, and after deducting for his or her own use and benefit the commission as hereinafter provided, shall, between the eleventh and twentieth of each month distribute the remainder of the proceeds of the tax in the following manner: Sixty percent to be prorated among the municipalities within the county upon the basis of the respective sales of cigarettes within each municipality during the preceding calendar month; and 40 percent to be prorated among the city and county boards of education for educational purposes on the basis of the previous year’s net enrollment of pupils.

(b) For his or her service as provided in this subpart the judge of probate shall be entitled to a commission of two and one-half per cent of the gross amount of taxes collected by him or her.
Ala. Code § 45-57A-63.201 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.201
Section 45-57A-63.201 Petition for Change of Form of Government
Status: in_force

The change, however, shall first be initiated by petition and submitted to a vote of the qualified electors at an election and shall receive at the election a majority of the votes ‘‘yes’’ or in favor thereof in the same manner and subject to the same requirements as provided in Sections 45–57A–63.01 to 45–57A–63.04, inclusive, except that the proposition on the ballot shall be changed to reflect the proposed form of municipal government to be submitted to the vote of the qualified electors. The officers and members of the governing body of the newly adopted form of municipal government shall be elected as soon as may be under the provisions of the law applicable thereto; and upon their election and qualification for office the term of office of all members of the council under the council-manager form of government shall terminate.
Ala. Code § 45-19-70.07 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-70.07
Section 45-19-70.07 Administrator; Clerical Help; Records
Status: in_force

The chair, with approval of the county commission, shall employ an administrator who shall devote his or her entire time to the duties of the office. The administrator shall receive compensation as determined by the county commission. The chair, with the approval of the county commission, may employ other clerical help and assistance deemed necessary for the proper, efficient, and economical operation of the county commission. The administrator shall enter the minutes of all proceedings of the county commission in a well-bound book provided for that purpose. The book shall be kept in the office of the county commission and shall be open to the inspection of the public at all reasonable hours. The administrator shall keep a complete record of all receipts and disbursements of all county funds and shall be prepared at all times to show the financial condition of the county.
Ala. Code § 45-23-81.40 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-81.40
Section 45-23-81.40 Law Library Authorized
Status: in_force

The governing body of Dale County, Alabama, is authorized to establish and maintain a public law library in the county, and to accomplish the purpose, may from time to time expend such public funds of the county as are not required by law to be expended for any other purpose or purposes. It may provide suitable housing quarters, furniture, fixtures, and equipment therefor; keep the same in a good state of repair; and from time to time enlarge, expand, and improve such library, facilities, and equipment; and from time to time provide such books, reports, and periodicals for the library as are not provided for out of the special funds created for by this subpart or otherwise, all of which expenditures shall be made on warrants drawn in the usual manner, upon the county, payable out of the appropriate fund or funds.
Ala. Code § 45-25-242.52 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.52
Section 45-25-242.52 County General Road Department Fund
Status: in_force

All proceeds of any tax imposed and levied under the authority of this subpart shall be transferred to the County General Road Department Fund, for use and expenditures as defined within Sections 40-17-75, 40-17-76, 40-17-77,40-17-78,40-17-79, and 40-17-80. Expenditures may also be used for purposes which may not specifically be defined, but relate to the construction, rehabilitation, and maintenance of the roads or equipment or for personnel within DeKalb County.
Ala. Code § 45-27-120.12 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-120.12
Section 45-27-120.12 Elected Offices
Status: in_force

The elected offices in Escambia County are the county commission, probate judge, sheriff, tax assessor, and tax collector. Any subsequent change in the number, scope, title, or other aspect of these offices is subsumed within this article.
Ala. Code § 45-11-245.02 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-245.02
Section 45-11-245.02 Authorization of Levy of Sales Tax
Status: in_force

(a) The governing body of the county is authorized to levy and impose in the county, in addition to all other taxes of every kind now imposed by law, and to collect as herein provided, a privilege or license tax against the person 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 of Alabama, 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, and 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 stocks, nor 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, and commercial fishing vessels of over five tons displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama Department of Conservation and Natural Resources), an amount equal to 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 the 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 retailer on the gross sales of the business.

Where any used part including tires of an automotive vehicle or a 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 or tire, the tax levied herein shall be paid on the net difference, that is, the price of the new or used part or tire sold less the credit for the used part or tire taken in trade, provided, however, this provision shall not be construed to include 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, 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 the county, or any athletic association thereof, or other association whether the institution or association be a denominational, a state, or 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, public dance halls of every kind and description within the county, an amount equal to one percent of the gross receipts of any such business. Provided, however, notwithstanding any language to the contrary in the prior portion of this subdivision, the tax provisions so specified shall not apply to any athletic event conducted by a public or nonpublic primary or secondary school or any athletic event conducted by or under the auspices of the Alabama High School Athletic Association. The tax amount which would have been collected pursuant to this subdivision shall continue to be collected by the public or nonpublic primary or secondary school, but shall be retained by the school which collected it and shall be used by the school for school purposes.

(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 equal to one-half percent of the gross proceeds of the sale of such machines. 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 the 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) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any automotive vehicle or truck trailer, semitrailer, or house trailer, or mobile home set-up materials and supplies including but not limited to steps, blocks, anchoring, cable pipes, and any other materials pertaining thereto an amount equal to one-half percent of the gross proceeds of the sale of the automotive vehicle or truck trailer, semitrailer, or house trailer, or mobile home set-up materials and supplies; 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 house trailer for use by him or 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 such automotive vehicle, truck trailer, semitrailer, or house trailer shall remain the property of such person. Each year or part thereof shall 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.

Where any used 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 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 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 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 levied a tax equal to one 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.

(6) 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 percent of the gross proceeds of the sale thereof; provided, that the one-half 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.

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) There are exempted, however, from this section and from the computation of the amount of the tax authorized to be 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 tax statutes from the computation of the amount of the state sales tax.
Ala. Code § 45-8A-22.60 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.60
Section 45-8A-22.60 Applicability
Status: reserved

Repealed by Act 2012-484, §1, effective May 16, 2012.
Ala. Code § 45-14-82.70 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-82.70
Section 45-14-82.70 Improved System of Recording Documents
Status: in_force

(a) The provisions of this section shall only apply in Clay County. The purpose of this section is to facilitate the use of public records in property transactions in Clay County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal property that are recorded in the office of the judge of probate and for the recording, archiving, and retrieving of other instruments, documents, and other uses in the discretion of the judge of probate.

(b) The following words and phrases, including the plural of any thereof, whenever used in this section, shall have the following respective meanings:

(1) “Real Property Instrument” means and includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including, without limitation, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgment, and plats or maps showing subdivisions of real estate.

(2) “General Property Instrument” means a real property instrument that affects the title to personal property as well as real property.

(3) “Personal Property Instrument” means any instrument or document affecting the title to personal property only (as distinguished from real property) that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35-4-50 and 35-4-90.

(4) “Improved Recording System” means a system of recording real property instruments and personal property instruments in the probate office and, in the discretion of the judge of probate, of recording other instruments and documents, which system when completed, will consist of the equipment necessary and suitable to record, archive, and retrieve records.

(c) The judge of probate may provide for the installation and thereafter for the maintenance of an improved recording, archiving, and retrieval system in the probate offices of Clay County. The initial installation of the improved recording, archival, and retrieval system shall include the following:

(1) The acquisition of the equipment provided for in the definition hereinabove set forth of an improved recording, archiving, and retrieving system.

(2) The establishment of procedures for the continued recording, archiving, and retrieving of all instruments and records that will, after the effective installation date, constitute a part of the improved recording, archiving, and retrieving system.

(3) The initial installation of the improved recording, archiving, and retrieving system shall be performed by a person or persons, firm, or corporation engaged in the records management business and experienced in setting up county records; and the initial installation shall be supervised and inspected by a person who is experienced in handling records pertaining to abstracts or titles. Following its installation in the county, the improved recording, archiving, and retrieving system shall be thereafter maintained in the county and all real property instruments, general property instruments, personal property instruments, and other documents and records herein provided to constitute a part of the system, that may be thereafter filed for record in the probate office of the county shall be in accordance with the aforesaid improved recording, archiving, and retrieving system. Each real property instrument and each personal property instrument shall be operative as a record from the time of its delivery to the judge of probate of the county, in accordance with the provisions of existing law, including, without limitation, Section 12-13-43.

(d) Following the effective installation date, real property instruments, personal property instruments, and other documents and records provided herein to be recorded, archived, and retrieved with computer-generated files, to be stored and filed on either optical disk, or on paper, as seen fit by the county, and shall constitute the official record of the instruments for the purpose of Section 12-13-43.

(e) All provisions of the laws of Alabama with respect to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and other instruments and records that may constitute part of an improved recording, archiving, and retrieving system installed hereunder, including, without limitation, Section 12-13-43, and all statutes respecting the filing and recording of notices or statements of liens of any kind, notices of lis pendens, declarations of claims or exemptions, certificates of judgment, or plats or maps showing subdivisions of real estate that are not inconsistent with this section shall continue in effect with respect to an improved recording, archiving, and retrieving system installed hereunder, the recording of instruments therein, and the duties of the judge of probate with respect thereto.

(f) The initial installation costs shall be paid entirely out of the special recording fees. Nothing contained in this subsection, however, shall prohibit the county from using any part of its own funds for the purpose of paying the cost of purchasing, operating, or maintaining, after the initial installation, any improved system installed pursuant to this section.

(g) Commencing June 18, 2003, a special recording and filing fee of five dollars ($5) shall be paid to and collected by the judge of probate, with respect to each real property instrument, each personal property instrument, and UCC that may be filed for record in the office of the judge of probate and with respect to other instruments and documents in the probate office at the discretion of the judge of probate and on and after that date, no instrument and/or document shall be received for record in the office of the judge of probate unless the special recording fee of five dollars ($5) is paid thereon. The special recording fee shall be in addition to all other fees, taxes, and charges required by law to be paid upon the filing for record of any real property instrument, personal property instrument, or UCC, and for the recording of other instruments and documents in the probate office at the discretion of the judge of probate. Any, all, or none of the special recording fee may be charged at the discretion of the judge of probate. All special recording fees so collected shall be paid into a special fund of the judge of probate. These funds shall be used at the discretion of the judge of probate for an improved recording, archiving, and retrieving system and/or other equipment, maintenance, and services necessary for the improvement of the office of the judge of probate.

(h) Commencing June 18, 2003, a special transaction fee not to exceed two dollars ($2) shall be paid to and collected by the judge of probate with respect to every transaction occurring in, or under the jurisdiction of the judge of probate, this amount shall be in addition to all other costs and fees heretofore collected. The additional fee shall be paid into the special fund of the judge of probate as created in subsection (g).

(i) Commencing June 18, 2003, any and all revenues generated either directly or indirectly due to the use of or access to the improved recording, archiving, and retrieving system shall be paid directly into the special fund of the judge of probate. These funds shall be used at the discretion of the judge of probate.
Ala. Code § 45-27-60 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-60
Section 45-27-60 Office of Coroner Abolished
Status: in_force

In Escambia County, Alabama, the office of coroner is abolished and all powers, rights, and duties now or hereafter authorized, or required by law to be performed by the coroner shall be exercised and performed by the county medical examiner as provided for by this article.
Ala. Code § 45-8-173.05 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-173.05
Section 45-8-173.05 Implementation of Crisis Intervention Procedure
Status: in_force

The Calhoun County Mental Health Advisory Board shall oversee the implementation of the mental health officer crisis intervention procedures.
Ala. Code § 45-8A-23.191 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.191
Section 45-8A-23.191 Sale of Notes; Report of Sale
Status: in_force

All notes issued pursuant to this subpart may be sold by the director of finance at not less than par and accrued interest at private sale and without previous advertisement.
Ala. Code § 45-49-246 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-246
Section 45-49-246 Exemption of Religious Organizations Conducting Fund Raising Activities
Status: in_force

(a) For purpose of this section, the term “religious organization” shall mean any society, sect, persuasion, mission, church, parish, congregation, temple, convention, or association of any of the foregoing, diocese or presbytery, or other organization, whether or not incorporated, or any employee thereof, no part of the net earnings of which inures to the benefit of any private party or individual associated with such an organization and that qualifies as an exempt organization under Section 501(c)(3) of Title 26, United States Code, as amended.

(b) All religious organizations conducting any fund raising activities in Mobile County are exempt from the payment of all county and municipal gross receipts taxes imposed upon religious organizations on their gross receipts from fund raising activities.
Ala. Code § 45-27-120.06 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-120.06
Section 45-27-120.06 Powers of Appointing Authorities
Status: in_force

Each county appointing authority is authorized to hire employees to fill approved vacancies within their department. Appointing authorities shall include: The county commission, the sheriff, the probate judge, the tax assessor, and the tax collector. The county commission may designate other appointing authorities. Appointing authorities shall supervise and discipline employees in their departments based on this article and the rules, policies, and procedures established by the county commission.
Ala. Code § 45-51-243.07 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-243.07
Section 45-51-243.07 Payment of Taxes; Reports
Status: in_force

(a) The rental tax, except where otherwise provided in this part, 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.

(b) Except where otherwise provided in this part, on or before the twentieth day of each month, every person who is charged with the collection of the rental tax shall render to the county, on a form or forms prescribed by the county commission, a true and correct statement showing any information the county commission may require, and at the time of making the monthly report the person shall pay the county commission the amount of tax then due to be remitted.

(c) When the total rental tax that a lessor or vendor must collect under this part averages less than two hundred dollars ($200) per month during the preceding calendar year, a quarterly return and remittance in lieu of the monthly returns may be made, by election of the lessor or vendor to the county, on or before the twentieth day of the month next succeeding the end of the quarter for which the tax is due under any rules as may be prescribed. The election to file quarterly shall be made in writing no later than February 20 of each year and shall be filed with the county. Notwithstanding the foregoing, but subject to the final sentence of this subsection, no rental tax return shall be due until January 20 of each year unless the total rental tax that a lessor or vendor was required to collect under this part during the preceding calendar year exceeds ten dollars ($10). In order to qualify for quarterly or annual filing status, the lessor or vendor shall have (1) been in business for the entire preceding calendar year, (2) been subject to the requirement to collect the rental tax for the entire preceding calendar year, and (3) filed the required returns covering the entire preceding calendar year upon which the calculation of the average monthly tax or annual tax required to be collected is based.

(d) The county commission, for good cause, may extend the time for making any return required by this part, but the time for filing the return shall not be extended for a period greater than 30 days from the date the return is due to be made.
Ala. Code § 45-57A-64.54 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-64.54
Section 45-57A-64.54 Notice of Violation
Status: in_force

(a) Prior to imposing a civil penalty under this subpart, the city shall first mail via first class United States mail a notice of violation to the owner of the motor vehicle which is recorded by the photographic traffic signal enforcement system while committing a traffic signal violation. The notice shall be sent not later than the 30th day after the date the traffic signal violation is recorded to:

(1) The owner’s address as shown on the registration records of the state Department of Revenue. (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 state Department of Revenue. (b) A notice of violation issued under this subpart shall contain the following: (1) A description of the violation alleged. (2) The date, time, and location of the violation. (3) A copy of recorded images of the vehicle involved in the violation. (4) The amount of the civil penalty to be imposed for the violation. (5) The date by which the civil penalty must be paid. (6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(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 state Department of Revenue. (b) A notice of violation issued under this subpart shall contain the following: (1) A description of the violation alleged. (2) The date, time, and location of the violation. (3) A copy of recorded images of the vehicle involved in the violation. (4) The amount of the civil penalty to be imposed for the violation. (5) The date by which the civil penalty must be paid. (6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(b) A notice of violation issued under this subpart shall contain the following: (1) A description of the violation alleged. (2) The date, time, and location of the violation. (3) A copy of recorded images of the vehicle involved in the violation. (4) The amount of the civil penalty to be imposed for the violation. (5) The date by which the civil penalty must be paid. (6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(1) A description of the violation alleged. (2) The date, time, and location of the violation. (3) A copy of recorded images of the vehicle involved in the violation. (4) The amount of the civil penalty to be imposed for the violation. (5) The date by which the civil penalty must be paid. (6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(2) The date, time, and location of the violation. (3) A copy of recorded images of the vehicle involved in the violation. (4) The amount of the civil penalty to be imposed for the violation. (5) The date by which the civil penalty must be paid. (6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(3) A copy of recorded images of the vehicle involved in the violation. (4) The amount of the civil penalty to be imposed for the violation. (5) The date by which the civil penalty must be paid. (6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(4) The amount of the civil penalty to be imposed for the violation. (5) The date by which the civil penalty must be paid. (6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(5) The date by which the civil penalty must be paid. (6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(6) A statement that the person named in the notice of violation may pay the civil penalty in Russell County in lieu of appearing at an administrative adjudication hearing. (7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

(7) Information that informs the person named in the notice of violation of all of the following: a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

a. Of the right to contest the imposition of the civil penalty in an administrative adjudication.

c. That failure to pay the civil penalty 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 civil penalty.

(9) A statement that failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty not exceeding twenty-five dollars ($25) for each month after the issuance of the order imposing the civil penalty.

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

(c) A notice of violation under this subpart 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) The civil penalty imposed shall be paid within 30 days of the 10th day after the date 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 are prosecuted based upon the quality and legibility of the recorded image. In lieu of issuing a notice of violation, the city may mail a warning notice to the owner.
Ala. Code § 45-34-232 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-232
Section 45-34-232 Jail Concession ; Disposition of Funds
Status: in_force

(a) The Sheriff of Henry County may operate a jail concession. The sheriff, sheriff’s deputies, or agents or employees of the sheriff, or any combination of these persons, may sell soft drinks, cigarettes, personal items, and other concession items to county prisoners and state prisoners in county custody. The sheriff shall be responsible for the operation of the concession.

(b)(1) The sheriff shall establish and maintain a concession fund in a bank licensed to do business in the state. All monies collected under this section shall be deposited by the sheriff into the concession fund.

(2) The sheriff shall keep an account of all concession sales and transactions of the concession fund for annual audit by the Department of Examiners of Public Accounts. The concession account and fund shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.

(c) All profits realized in the operation of the concession shall be expended at the discretion of the sheriff for law enforcement purposes in Henry County.

(d) The establishment of the concession fund and the use of the proceeds shall not diminish or take the place of any other source of income established for the sheriff or the operation of the office.
Ala. Code § 45-57-202.20 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-202.20
Section 45-57-202.20 Creation; Commissioner; Salary and Expense Allowance
Status: in_force

There is created a motor vehicle license division under the jurisdiction and supervision of the Russell County Commission. The division shall function under the direction and administrative supervision of a motor vehicle license commissioner who shall be appointed by the county commission and serve at its pleasure. The county commission shall set the commissioner’s salary and expense allowance.
Ala. Code § 45-49A-10 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-10
Section 45-49A-10 Authority to Form Public Corporation
Status: in_force

The governing body of the City of Bayou La Batre, Mobile County, Alabama, may declare by the adoption of appropriate resolution the need for the formation of a public corporation to carry out this article. Upon the adoption of such resolution the governing body of the City of Bayou La Batre shall appoint five persons, each of whom shall be a duly qualified elector or property owner in the City of Bayou La Batre, or corporate officer of a property owner in the City of Bayou La Batre, who shall form the board of directors of such corporation and shall proceed to organize such corporation.