Ala. Code § 45-37A-150 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-150
Section 45-37A-150 Adoption of Mayor-Council Form of Government Authorized
Status: in_force

The city government of the City of Fairfield in Jefferson County, may adopt a mayor-council form of government consisting of six single-member districts with one at-large member, to be designated as president of the city council, which shall be in addition to the office of the mayor.
Ala. Code § 45-49A-81.20 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-81.20
Section 45-49A-81.20 Severability
Status: in_force

If any section, paragraph, sentence, clause, word, or other provision of this part shall be held or declared to be unconstitutional or void by any court of competent jurisdiction it shall not affect or destroy the validity or constitutionality of any other section, paragraph, sentence, clause, word, or provision of this part which is not in itself void or unconstitutional, it being the expressed intent of the Legislature that such remaining valid portion of this part would have been adopted by the Legislature in any event.
Ala. Code § 45-15-90.01 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-90.01
Section 45-15-90.01
Status: in_force

(a) The board may adopt bylaws to regulate and administer the business of the Cleburne County Economic Development Authority.

(b) Members of the board shall appoint a director to serve at the pleasure of the board and to carry out the day-to-day operations of the authority. The director shall be subject to the filing requirements under Section 36-25-14.
Ala. Code § 45-44-84.50 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-84.50
Section 45-44-84.50 Disposition of Funds
Status: in_force

Effective July 1, 1997, 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 in the aforementioned special fund of the judge of probate. These funds shall be used at the discretion of the judge of probate.
Ala. Code § 45-51A-33.138 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.138
Section 45-51A-33.138 Certification of Funds; Penalties for Violation
Status: in_force

No payment shall be made and no obligation incurred by or on behalf of the city except in accordance with an appropriation duly made and no payment shall be made from an obligation incurred against any allotment or appropriation unless the director of finance shall first certify that there is a sufficient unexpended and unencumbered balance in such allotment or appropriation to meet the same; provided that nothing herein shall be taken to prevent the advance authorization of expenditures for small purchases as provided in subdivision (5) of Section 45-51A-33.163. Every expenditure or obligation authorized or incurred in violation of this part shall be void. Every payment made in violation of this part shall be deemed illegal and every official who shall knowingly authorize or make such payment or knowingly take part therein and every person who shall knowingly receive such payment or any part thereof shall be jointly and severally liable to the city for the full amount so paid or received. If any officer, member of a board, or employee of the city, shall knowingly incur any obligation or shall authorize or make any expenditure in violation of this part or knowingly take part therein such action shall be cause for his or her removal. Nothing in this section contained, however, shall prevent the making of contracts of lease or for services providing for the payment of funds at a time beyond the fiscal year in which such contracts are made, provided the nature of such transaction will reasonably require the making of such contracts.
Ala. Code § 45-38-81.40 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-81.40
Section 45-38-81.40 Purpose
Status: in_force

This subpart shall only apply in Lamar County. The purpose of this subpart is to facilitate the use of public records in property transactions in Lamar County by providing for the installation of an improved system of indexing and recording of 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 indexing and recording of other instruments, documents, and other use in the discretion of the judge of probate.
Ala. Code § 45-34-100.24 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-100.24
Section 45-34-100.24 Vacancies
Status: in_force

Any vacancy occurring on the board of education shall be filled in the manner otherwise provided by law concerning the filling of vacancies on the Henry County Board of Education.
Ala. Code § 45-35A-50 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-50
Section 45-35A-50 Sale of Alcoholic Beverages for On-Premises Consumption on Sundays
Status: in_force

(a) This section applies only in the City of Dothan.

(b) Subject to subsection (c), the sale of alcoholic beverages for on-premises consumption on Sundays between the hours of 1:00 P.M. and midnight is authorized within the city by properly licensed retail licensees of the Alcoholic Beverage Control Board.

(c) The city governing body shall hold a referendum to determine if alcoholic beverages for on-premises consumption may be sold on Sundays. If a majority of the voters voting thereon in the city vote in favor of the question, then the sale of alcoholic beverages for on-premises consumption on Sundays shall be authorized.

(d) The referendum shall be held at the next general election held in the city. Costs of the referendum shall be paid by the city. If a majority of the voters voting thereon do not vote in favor of the question, a subsequent referendum or referenda may be held. A second or subsequent referendum shall not be held within one year following a referendum which fails to be approved by the voters of the city.
Ala. Code § 45-27-245.33 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-245.33
Section 45-27-245.33 Disposition of Funds
Status: in_force

The proceeds of the revenue accruing from the additional privilege and license tax, consumers’ use tax, and sellers’ use tax levied by Section 45-27-245.31 shall be distributed and used as follows:

(1) Thirty percent of the net proceeds collected shall be distributed to the duly recognized volunteer fire departments or rescue squads, or both, in the unincorporated areas of the county. Only volunteer fire departments properly certified by the Alabama Forestry Commission and members of the Escambia County Volunteer Fire Departments Association shall be eligible to receive the proceeds and use them as follows:

a. Each eligible department shall receive an equal portion of the proceeds. Each department in the Escambia County Volunteer Fire Departments Association shall send one voting delegate to a meeting of the association to be held no later than 30 days after May 1, 2004, to vote on whether the member departments shall provide financial support for the association. If a majority of the delegates in attendance vote in favor of the support, then they shall determine the amount required for each department to share equally in the support. Any member department of the association which fails to contribute an equal share of the support shall forfeit its portion of the proceeds from the additional tax levied by this subpart; provided, however, that a member department that has forfeited its portion may later reimburse the association for all amounts it had previously failed to contribute, and with the permission of the county commission, may resume its participation in the distribution of the tax proceeds so long as it continues to make its equal share of support for the organization.

b. Proceeds shall be used for equipment, repairs, maintenance, buildings, training, and other necessary operational costs usual to a volunteer fire service agency.

c. Salaries, wages, and food shall not be eligible expenditures of the proceeds with the exception of reasonable food and drink required during emergency call periods.

d. Each volunteer fire department receiving funds shall file an annual report of expenditures with the Escambia County Commission. Reports shall be due by December 31 of each year. A fiscal year shall begin October 1 and end September 30. The report shall reveal the total funds received, itemized accounting of expenditures, and balance on hand in the account in which the tax proceeds are deposited. These funds shall be kept in a separate bank account from all other funds.

(2) Seventy percent of the net proceeds collected shall be distributed to the Escambia County Commission for deposit in the Sales Tax Road and Bridge Account to be used as follows:

a. Funds may be used for such purposes as may be determined necessary by the Escambia County Commission for maintaining and improving the road system of the county.

b. Funds may be used as determined by the county commission to retire existing debt.

c. Funds may be used to match other available monies for maintaining and improving the road system of Escambia County.
Ala. Code § 45-27-82.24 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-82.24
Section 45-27-82.24 Program Requirements; Records
Status: in_force

(a) An offender who enters an intervention program shall satisfy each of the following requirements:

(1) Waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial.

(2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statute or rules of court.

(3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney.

(4) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim.

(b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil, and communications between pretrial diversion program counselors and defendants shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that the communications be revealed.
Ala. Code § 45-8A-23.268 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.268
Section 45-8A-23.268 Personnel Policies and Procedures
Status: in_force

All employees of the City of Anniston, except civil service employees and grandfathered employees who are subject to the civil service system, shall be employees of the city subject to the personnel policies and procedures adopted, and as amended, by the city council. The personnel policies shall prescribe the classification for different types of services to be performed, allocate each position of employment, determine the salary to be paid to each employee, and prescribe policies and procedures for the removal of employees from a position of employment or the suspension, demotion, or otherwise disciplining of employees.
Ala. Code § 45-3-82.43 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-82.43
Section 45-3-82.43 Standards for Admission
Status: in_force

(a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances:

(1) The offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic citation, at the time the alleged offense was committed.

(2) There is a probability justice will be served if the offender is placed in the pretrial diversion program.

(3) It is determined the needs of the state and the offender can be met through the pretrial diversion program.

(4) The offender appears to pose no substantial threat to the safety and well-being of the community.

(5) It appears the offender is not likely to be involved in further criminal activity.

(6) The offender will likely respond to the rehabilitative treatment.

(b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
Ala. Code § 45-27A-30.08 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-30.08
Section 45-27A-30.08 Treatment Programs; Drug Testing
Status: in_force

(a) The municipal prosecutor and offender may enter into an agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or other self-improvement or self-help program on an inpatient or outpatient basis or receive other treatment alternatives deemed by the municipal prosecutor to be in the best interest of the offender and society.

(b) The municipal prosecutor may require the offender to submit to periodic or random drug or other testing as a part of the pretrial diversion program of the offender and require other terms and conditions related to substance abuse, domestic violence, or the offense charged as the municipal prosecutor may direct.

(c) The offender shall pay the costs of all services unless otherwise approved by the municipal court after considering the offender’s ability to pay.
Ala. Code § 45-41-130.02 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-130.02
Section 45-41-130.02 Construction and Maintenance of Roads, Highways, Bridges, and Ferries; Inspections
Status: in_force

(a) All functions, duties, and responsibilities for the construction, maintenance, and repair of county roads, highways, bridges, and ferries in Lee County shall be delegated to the county engineer, who shall, insofar as possible, construct and maintain the roads, highways, bridges, and ferries for the benefit of the county as a whole or as a unit, without regard to district or beat lines.

(b) Each member of the Lee County Commission may inspect the roads in his or her district from time to time and report their condition to the county engineer.
Ala. Code § 45-11-247.04 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-247.04
Section 45-11-247.04 Collection and Enforcement
Status: in_force

The tax levied by this part shall constitute a debt due Chilton County. The tax, together with any interest and penalties, Shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. The department shall collect the tax, enforce this part, and have and exercise all rights and remedies that the state or the department has for collection of the state sales and use tax. The department may employ special counsel as is necessary to enforce collection of the tax levied by this part and to enforce this part. The department shall pay the special counsel any fees it deems necessary and proper from the proceeds of the tax collected by it for Chilton County.
Ala. Code § 45-16-71 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-71
Section 45-16-71 Composition and Election of County Commission
Status: in_force

(a) The Coffee County Commission shall be composed of seven members, elected from single-member districts one through seven, inclusive, by the qualified voters residing within each district. The seven districts shall be apportioned as provided by law. Each commissioner shall reside in the district he or she represents at the time of qualifying for office and during his or her tenure. The chair of the commission, who shall be a voting member of the commission, shall be elected at the first meeting after the election of the county commission from among the seven members of the commission to serve for a one-year term. A successor shall be elected each year in the same manner and any person serving as chair may serve succeeding terms.

(b) The composition and election of the county commission as it existed on January 1, 2003, is ratified and confirmed. The districts for the election of commissioners in 2004 shall be the districts as precleared prior to June 17, 2003, by the U.S. Justice Department after the 2000 census. This act shall continue to apply to commissioners elected for a term of office for county commissioners in Coffee County on or after that date.
Ala. Code § 45-35-83.41 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-83.41
Section 45-35-83.41 List of Privilege or Business Licenses
Status: in_force

(a) The Judge of Probate of Houston County shall charge a fee of thirty-five dollars ($35) for the compiling and printing of a list of privilege or business licenses issued by the judge of probate for an entire fiscal year or a fiscal year to date; and twenty dollars ($20) for the compiling and printing of an update list of a single month of privilege or business licenses issued by the judge of probate.

(b) The month following collection, all funds collected shall be paid into a special fund of the judge of probate to be earmarked for education and training of the personnel of the office of the judge of probate and to provide monetary rewards for service beyond the expected and customary duty of the staff of the office of the judge of probate as deemed merited by the judge of probate.

(c) This section is cumulative. Nothing herein contained shall alter or change any existing law relating to charges and fees to be collected by the Judge of Probate of Houston County.
Ala. Code § 45-15-80.09 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-80.09
Section 45-15-80.09 Additional Court Costs - Traffic Cases
Status: in_force

(a) In addition to any court costs and fees now or hereafter authorized in Cleburne County, the Cleburne County Commission may impose by resolution of the commission an additional fee in an amount not to exceed thirty dollars ($30) to be assessed and taxed as costs on each traffic case filed in the circuit court, district court, or any municipal court in Cleburne County. The fee shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

(b) The additional fee when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Cleburne County. Notwithstanding the foregoing, if a municipal court is established in any municipality in the county, the additional fee from cases in the municipal court shall be collected by the municipal court clerk and deposited in the general fund of the municipality.
Ala. Code § 45-51A-33.62 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.62
Section 45-51A-33.62 Council to Be Judge of Qualifications of Its Members
Status: in_force

The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts.
Ala. Code § 45-37-121.24 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.24
Section 45-37-121.24 Effective Dates
Status: in_force

The civil service system existing on July 6, 1945, in any county to which this part shall become applicable upon its passage, shall be continued in force and effect under the terms and provisions of this part, without any change in the rights, privileges, duties, benefits, or liabilities upon the part of any person or body, except to the extent that the terms and provisions of this part make such change. In other words, such previously existing civil service system shall be absorbed and continued into the civil service system provided by this part, with no changes of any kind to be made except to the extent that this part differs in its provisions from the provisions of such previously existing civil service system. As respects the county board of health and the board of registrars, which, in the only county to which this part shall be applicable forthwith upon its passage, have not heretofore been subject to a civil service system, there shall be allowed a period of six months in which to organize and prepare for the administration of the personnel system herein provided for the boards, and during such period of six months the employees and appointees of such boards shall continue in all respects under and subject to the laws to which they are subject on July 6, 1945. When any county or municipality or appointing authority hereafter becomes subject to this part, a period of six months shall be allowed in which to organize and prepare for the administration of the personnel system herein provided for, and during such period of six months the employees of such county, municipality, or appointing authority shall continue in all respects under and subject to the laws which they are subject to at the time such county, municipality, or appointing authority becomes subject hereto.
Ala. Code § 45-17-81.15 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-81.15
Section 45-17-81.15 Program Requirements
Status: in_force

(a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements:

(1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial.

(2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statutes or rules of court.

(3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney.

(4) If there is a victim of the crime, agree, in writing, to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim.

(b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors and defendants shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that the communications be submitted to the court for an in camera review.

(c) The records of the offender maintained as a part of the pretrial diversion program shall be destroyed in a timely manner after the program has been successfully completed by the offender. However, the district attorney may keep the contract signed by the offender in order to maintain an accurate record of pretrial diversion program participation.
Ala. Code § 45-49-249.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-249.01
Section 45-49-249.01 Definitions; Construction and Interpretation
Status: in_force

(a)As used in this subpart, unless the context requires a different meaning, person includes a firm, corporation, club, partnership, company, trustee, agency, or association, or any agent, servant, employee, or officer thereof; seller means a person who is engaged in the business of selling, storing, or delivering cigarettes within the county

(b) The rules of construction and interpretation of statutes contained in Title 1 shall apply in the construction and interpretation of this subpart.
Ala. Code § 45-27A-30 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-30
Section 45-27A-30 Pretrial Diversion Program
Status: in_force

(a) The clerk of the municipal court of the City of Brewton may establish a pretrial diversion program.

(b) It shall be among the purposes of the pretrial diversion program to provide an alternative to prosecuting offenders within the City of Brewton’s criminal justice system.

(c) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the municipal court or municipal prosecutor shall be retained.

(d) The pretrial diversion program shall be under the supervision of the Clerk of the Municipal Court of the City of Brewton.
Ala. Code § 45-43-233 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-233
Section 45-43-233 Pistol Permit Fee; Disposition of Funds
Status: in_force

(a)(1) In Lowndes County the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75, shall be fifteen dollars ($15), which shall be collected by the sheriff.

(2) Any and all monies collected under subdivision (1) shall be deposited by the Sheriff of Lowndes County or his or her appointed agent in any bank located in Lowndes County selected by the sheriff, into a fund known as the sheriff’s law enforcement fund. Two dollars ($2) of each fee collected shall be paid into the county general fund on the last day of the month collected.

(3) Any and all monies on May 19, 1993, in the current sheriff’s law enforcement fund created under Act 81-421, shall be transferred into the new sheriff’s law enforcement fund created by this subsection. The sheriff’s law enforcement fund created under Act 81-421 shall become null and void on May 19, 1993.

(4) The sheriff’s law enforcement fund as provided in subdivision (2) shall be drawn upon by the Sheriff of Lowndes County or his or her appointed agent and shall be used exclusively for law enforcement purposes in the public’s interest and in the discharge of the sheriff’s office as the sheriff sees fit.

(5) 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 source of income established for the sheriff or the operation of his or her office.

(b)(1) In Lowndes County the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75, shall be increased by five dollars ($5), amending subdivision (1) of subsection (a).

(2) Any and all monies collected under subdivision (1) shall be deposited by the Sheriff of Lowndes County in any bank located in Lowndes County selected by the sheriff, into a fund known as the sheriff’s law enforcement fund.

(3) The sheriff’s law enforcement fund as provided in subdivision (2) shall be drawn upon by the Sheriff of Lowndes County or his or her appointed agent and shall be exclusively for law enforcement purposes in the public’s interest and in the discharge of the sheriff’s office as the sheriff sees fit.

(4) 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 his or her office.
Ala. Code § 45-17A-81.11 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-81.11
Section 45-17A-81.11 Court Action to Prevent Improper Changes; Damages
Status: in_force

The commission, or Tuscumbia, shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any change in the exterior of a building or structure which is either an historic property or which is contained in an historic district, except in compliance with the provisions of an ordinance adopted in conformity with this part, or to prevent any illegal act or conduct with respect to such historic property, or historic district, and to recover any damages which may have been cause by the violation of that ordinance.
Ala. Code § 45-37A-51.241 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.241
Section 45-37A-51.241 Board of Health Retired Employees
Status: in_force

(a) Employees of the board of health, upon termination of such employment after 10 years of actual service to the board of health, shall have the option to leave in the system fund all contributions made by such terminated employee and receive a monthly retirement benefit beginning at age 60, in the amount equal to two percent of such employee’s monthly final average salary multiplied by his or her years of credited service. The benefit shall continue throughout the life of the retiree. A survivor’s benefit calculated as described in Section 45-37A-51.228 shall be provided to survivors or retirees under this provision if such retired employee has reached age 60 years, however the survivor’s benefit rate shall be 60 percent of the retiree’s benefit or as determined by the board of managers. In the event that a terminated employee dies, prior to receiving a benefit hereunder, or elects at any time to withdraw the contribution to the system fund, then such contribution shall be paid to the employee or his or her designee without interest and the terminated employee, and those claiming under him or her, shall have no further rights in the fund.

(b) The actuary who prepares the annual analysis of the system shall determine the annual cost of this provision, based upon such assumptions as the actuary shall find are reasonable, and certify the cost to the city and to the board of health.

(c) This provision shall become effective following the date of adoption hereof if the board of health shall have irrevocably committed to pay the vesting benefit contained herein. Such payments may be from funds of the board of health or from employee salary deductions as the board of health may determine.
Ala. Code § 45-49-170.27 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-170.27
Section 45-49-170.27 Penalties
Status: in_force

An owner of a nuisance dog who violates this subpart shall be guilty of a misdemeanor punishable by a fine of not more than three hundred dollars ($300) for the first offense and not more than six hundred dollars ($600) for each subsequent offense.
Ala. Code § 45-45-233.35 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-233.35
Section 45-45-233.35 Madison County Work Release and Pretrial Release Commission
Status: in_force

(a) There is hereby created a body to be known as the Madison County Work Release and Pretrial Release Commission, hereinafter called the commission. The commission shall be composed of eight persons, including the following: The Sheriff of Madison County, the District Attorney of the Twenty-third Judicial Circuit, a circuit judge from the Twenty-third Judicial Circuit to be appointed by the presiding judge of the circuit, a judge of the District Court of Madison County to be appointed by the presiding district court judge in Madison County, a person appointed by the Madison County Commission, a person appointed by the City Council of the City of Huntsville, the Circuit Court Clerk of Madison County, and one court administrator of the Twenty-third Judicial Circuit.

(b) The commission shall have the duty to implement this subpart and to generally superintend all administrative functions pursuant hereto, subject, however, to the provisions of duly promulgated rules of court of the circuit and district judges of Madison County. The commission shall not, however, be empowered to direct any judicial officer in the exercise of his or her judicial functions. The commission, subject to any applicable laws pertaining to the employment and dismissal of county employees, shall have the power to employ and dismiss personnel employed to carry out this subpart, except judicial officers, and to direct and supervise such personnel.

(c) The commission shall make a continuing study of all activities conducted pursuant to this subpart and shall recommend to the Legislature any changes which it deems to be appropriate in the law to carry out and facilitate the purposes of this subpart.

(d) No agreement for the merger of the work release program provided for under Section 45-45-233.20 to Section 45-45-233.24, inclusive, with any similar program operated by the State of Alabama Department of Corrections or any other department, agency, or bureau of the State of Alabama shall be effective without the approval of the commission hereby created and, unless approved by such commission, shall be of no force and effect.

(e) The commission shall be empowered to issue subpoenas to compel the attendance of witnesses before the commission.

(f) The commission is hereby designated as the agency to apply for, receive, and administer any grants of funds by the United States Government or any agency thereof, the State of Alabama or any agency thereof, or any private or quasi governmental foundation, corporation, firm, or agency. All funds received to the account of the commission shall be deposited to the fund established by Section 45-45-233.23, and shall be disbursed by the Madison County Commission upon vouchers submitted by the commission.

(g) The commission shall elect a chair from among its membership and shall make its own rules for conducting its affairs. All meetings of the commission shall be in the Madison County Court House and shall be held at the call of the duly elected chair. The chair shall be required to call a meeting of the commission upon the request in writing of any three members of the commission.
Ala. Code § 45-56-242.52 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-242.52
Section 45-56-242.52 State Department of Revenue or County Commission Collecting Taxes
Status: in_force

The tax authorized by this subpart shall be collected by the state Department of Revenue or the county commission or other entity which the county commission has contracted with to collect the taxes at the same time and in the same manner as state sales taxes are collected. On or prior to the date the tax is due, each person subject to the tax shall file with the department or other entity a report in the form prescribed by the department. The report shall set forth, with respect to all sales and business transactions that are required to be used as a measure of the tax levied, items of information pertinent to the tax as the department may require. Any person subject to the tax authorized by this subpart may defer reporting credit sales until after their collection, and in the event the person defers reporting the sales, the person shall thereafter include in each monthly report all credit collections made during the preceding month and shall pay the tax due at the time of filing the report. All reports filed with the department or other entity under this section shall be available for inspection by the county commission, or its designee.
Ala. Code § 45-20A-10.04 — Alabama Code / Title 45 / Chapter 20A / Section 45-20A-10.04
Section 45-20A-10.04 Board of Education - Powers and Duties
Status: in_force

(a) Upon the assumption of office of the initially elected and city council-appointed members of the board of education in October 2002, the Andalusia City Board of Education as provided in this part shall be constituted and the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.

(b)(l) Upon assumption of office of the initial elected and board-appointed members of the board of education, these members shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11, commencing with Section 16-11-1, of Title 16.

(2) At the first meeting after the board is constituted, and every two years thereafter, the board shall by majority vote of those voting, select a chair from among its members.

(3) All property, records, supplies, and equipment of the prior board of education shall be vested in the board created by this part.

(c) The establishment of the board of education as provided in this part shall not affect or impair any of the following:

(1) Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.

(2) Existing contractual obligations of the board of education.

(3) Existing civil and criminal actions.
Ala. Code § 45-3-171.16 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-171.16
Section 45-3-171.16 Demolition of Unsafe Structures
Status: in_force

Any municipality located in Barbour County, Alabama, shall have authority, after notice provided herein, to move or demolish buildings and structures, or parts of buildings and structures, party walls and foundations, when the same are found by the governing body of the city to be unsafe to the extent of being a public nuisance from any cause.
Ala. Code § 45-43-246.01 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-246.01
Section 45-43-246.01 Privilege License and Excise Taxes
Status: in_force

(a) The special county taxes levied pursuant to this subpart shall be privilege license and excise taxes in substance as follows:

(1) Upon every person, firm, or corporation, not including the State of Alabama or the Alabama Alcoholic Beverage Control Board or ABC stores, engaged or continuing within Lowndes 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 evidence of debt or stocks, an amount equal to one percent of the gross proceeds of sales of the business except where a different amount is expressly provided herein. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such businesses at the rates specified, when his or her books are kept so as to show separately the gross proceeds of sales of each business, and when his or her books are not so kept he or she shall pay the tax as retailer, on the gross sales of the business.

(2) Upon every person, firm, or corporation engaged or continuing within Lowndes 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, or any athletic association thereof, or other association whether such institution or association be denominational, a state, county, or a city school, or other institution, association, or school, skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement, or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description, conducted or carried on within Lowndes County, an amount equal to one percent of the gross receipts of any such business.

(3) Upon every person, firm, or corporation engaged or continuing within Lowndes County in the business of selling at retail machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property, and the parts of such machines, attachments, and replacements therefor which are made or manufactured for use on or in the operation of such machines, and which are necessary to the operation of such machines and are customarily so used, an amount equal to one-half of one percent of the gross proceeds of the sale of such machines, attachments, parts, and replacements therefor.

(4) Upon every person, firm, or corporation engaged or continuing within Lowndes County in the business of selling at retail any automotive vehicle or truck trailer and semi-trailer, an amount equal to one-half of one percent of the gross proceeds of the sale of the automotive vehicle or truck trailer and semi-trailer. Provided, that where any used automotive vehicle or truck trailer or semi-trailer is taken in trade, or in a series of trades, as a credit or part payment of the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less a credit for the used vehicle taken in trade.

(5) An excise tax may be imposed on the storage, use, or other consumption in Lowndes County of tangible personal property purchased at retail, for storage, use, or other consumption in Lowndes County, at the rate of one percent of the sale price of such property, regardless of whether the retailer is or is not engaged in business in Lowndes County or in this state, except as provided in paragraphs a and b below; and

a. The storage, use, or other consumption in Lowndes County of any new or used automotive vehicle, truck trailer, or semi-trailer purchased at retail for storage, use, or other consumption in Lowndes County, at the rate of one-half of one percent of the sales price of such automotive vehicle, truck trailer, or semi-trailer. Where any used automotive vehicle or truck trailer or semi-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 shall be paid on the net difference, that is, the difference in the price of the new or used vehicle sold less a credit for the used vehicle taken in trade; and

b. The storage, use, or other consumption in Lowndes County of any machine used in mining, quarrying, compounding, processing and manufacturing of tangible personal property, including the parts of such machines, attachments, and replacements therefor which are made or manufactured for use on or in the operation of such machines, purchased at retail for storage, use, or other consumption in Lowndes County, at the rate of one-half of one percent of the sales price of such machine or the parts, attachments, or replacements therefor.

(b) There shall be exempted from the levy of such taxes the gross receipts of any business and the gross proceeds of all sales which are exempted under the state sales tax statutes from the computation of the amount of the state sales tax. And there shall also be exempted from the levy the storage, use, or other consumption of property, the storage, use, or other consumption of which is exempted under the state use tax statutes from the state use tax. Subject to these exemptions, every person storing or using or otherwise consuming in Lowndes County tangible personal property purchased at retail shall be liable for the tax imposed, and the liability shall not be extinguished until the tax has been paid by such person; provided, however, that a receipt from a registered seller given to the purchaser of any property to be used, stored, or consumed in Lowndes County shall be sufficient to relieve the purchaser from further liability for the tax to which such receipt may refer. The term registered seller means the person registered with the State Department of Revenue pursuant to the state sales tax statutes. The term state sales tax statutes means Division 1, commencing with Section 40-23-1, Article 1, Chapter 23, Title 40, which levies a retail sales tax for state purposes, and includes all statutes, including amendments heretofore enacted which expressly set forth any exemptions from the computation of the tax levied, and all other statutes heretofore enacted which expressly apply to, or purport to affect, the administration of state sales tax and the incidence and collection of the tax imposed therein. The term state use tax statutes means Article 2, commencing with Section 40-23-60, Chapter 23, Title 40, as heretofore amended, including all statutes heretofore enacted which expressly set forth any exemptions from the computation of the tax levied and all other statutes heretofore enacted which expressly apply to, or purport to affect, the administration of the state use tax and the incidence and collection of the tax imposed therein.
Ala. Code § 45-23-83.05 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-83.05
Section 45-23-83.05 Installation Costs
Status: in_force

The initial installation costs shall be paid entirely out of the special recording fees. Nothing contained in this part, 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 part.
Ala. Code § 45-57A-64.26 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-64.26
Section 45-57A-64.26 Disposition of Sale Proceeds
Status: in_force

The proceeds from the sale of property at an auction conducted under the authority of this subpart, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property, shall be paid to the office of the Chief of Police of Phenix City.
Ala. Code § 45-10-20 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-20
Section 45-10-20 Regulation of Liquor Traffic
Status: in_force

(a) The Legislature of Alabama is cognizant of “Opinion of the Justices No. 376,” issued April 9, 2002, which states that a local bill for Cherokee County “purporting to allow by local law the creation of a traffic in alcohol that does not presently exist in smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such traffic.” The effect of this Opinion of the Justices is to greatly limit situations in which local laws may be enacted regarding alcoholic beverages. This opinion was, in part, based upon a determination that, “Generally, ‘regulate’ implies the exercise of control over something that already exists.” While respecting the constitutional authority granted to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this body disagrees with the conclusion reached by the court concerning Section 104. In an effort to further define this issue and to assist the court in the appropriate interpretation of Section 104, the Legislature of Alabama respectfully makes the following findings:

(1) As used in Section 104, the term “regulate” was not intended to be of a narrowing or restraining nature. If that was the intent of the framers of the Constitution, an appropriate verb such as “limit,” “restrict,” or “suppress,” in conjunction with the phrase “existing laws,” would have been employed.

(2) With all due respect to the court, the word “regulate” does not generally imply “the exercise of control over something that already exists” and such a construction is not the “general sense of the phrase.” To the contrary, one of the initial definitions of regulate in “Black’s Law Dictionary” is “to fix, establish, or control”; and “establish” in the same dictionary includes the definition “to found, to create, to regulate.” Unquestionably, regulate does not imply application only to something in existence; rather, the term includes the “establishment” or “creation” of the thing to be subsequently managed.

(3) The interpretation of the term “regulation” adopted by the court, if applied to other federal and state constitutional and statutory provisions, will result in unreasonable and unintended restrictions. For instance, the language in Article I, Section 8 of the United States Constitution, “The congress shall have ... power to regulate commerce ...” was not intended to only apply to types of commerce in existence at the time the United States Constitution was adopted. In fact, the U.S. Supreme Court has stated that this clause should be broadly construed to meet the over-expanding and increasingly complicated conditions of commerce. Similarly, numerous state statutes are initially adopted to regulate certain types of professional or vocational activities or functions, and these activities or functions are concurrently initially authorized. Under the court’s construction, if such activities or functions are not first in existence, they may not subsequently be controlled.

(4) In view of the research of the court indicating the absence of any discussion concerning this issue in the debates of the 1901 Constitutional Convention, and the absence of any reference to historical records of that time, the interpretation of Section 104 by modern era historians should only be given marginal consideration. As stated by the court, such historical perspectives merely give the “appearance” of intent, and, accordingly, are not supportive of specific construction of Section 104.

(5) The concluding paragraph of Section 104 is a unique provision providing for a form of local option or home rule. In view of the present sentiments of Alabama citizens to allow local control of public matters, it is essential that this body and the judiciary appropriately interpret this provision.

(b) Based upon the reasons expressed in subsection (a), as a matter of law, the Legislature declares that this act regulates the liquor traffic within the meaning and intent of Section 104 of the Constitution of Alabama of 1901.
Ala. Code § 45-24-80.20 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-80.20
Section 45-24-80.20 Additional Court Costs and Fees
Status: in_force

In Dallas County, in addition to all other fees, there shall be taxed as costs the sum of five dollars in each civil or quasi-civil action at law, suit in equity, criminal case, quasi-criminal case, proceedings on a forfeited bail bond, or proceedings on a forfeited bond given in connection with an appeal from a judgment or conviction in any inferior or municipal court of the county, in the Circuit Court of Dallas County, or the District Court of Dallas County, hereinafter filed in or arising in the Circuit Court of Dallas County, or the District Court of Dallas County, or brought by appeal, certiorari, or otherwise to the Circuit Court of Dallas County, or the District Court of Dallas County, which costs shall be collected as other costs in such cases are collected by the clerk, or ex officio clerk, of the courts or the register of the Circuit Court of Dallas County, as the case may be. Such fees, when collected by the clerks or other collection officers of such court, shall be paid into the general fund of the county to be used by the county commission for appropriations by the county commission to the sheriff for law enforcement purposes. The fees may be used by the county commission as part of its annual general budget appropriation to the sheriff for operation of the sheriff’s department and jail.
Ala. Code § 45-15-243.05 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-243.05
Section 45-15-243.05 Construction and Application
Status: in_force

This part shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of the county which are actually resold or reshipped.
Ala. Code § 45-39A-11.29 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-11.29
Section 45-39A-11.29 Bonds
Status: in_force

Bonds may be issued by the city or the business owners’ association to pay for improvements in the tourism improvement district, provided that any bond issue is not included in the city’s indebtedness for the purpose of Section 225 of the Constitution of Alabama of 2022, and otherwise complies with any applicable provision imposed by law. Benefit assessments levied in two or more tourism improvement districts may be pledged to secure a single bond issue to finance tourism improvement district improvements.
Ala. Code § 45-7-220 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-220
Section 45-7-220 Hunting and Taking of Raccoons and Opossums at Night
Status: in_force

Raccoons and opossums may be legally hunted and taken at night by catching or killing with the use of dogs, a light and a 22-caliber rimfire rifle using 22-caliber-short ammunition, and/or number six size shot used in shotguns.
Ala. Code § 45-39-230.04 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-230.04
Section 45-39-230.04 Political Activities of Deputy Sheriffs
Status: in_force

No deputy sheriff to whom this part applies shall engage in partisan politics or make political contributions nor use or attempt to use any political endorsement or favor in connection with his or her employment as a deputy, nor shall any deputy use or attempt to use any official authority or influence in connection with the vote or political action of any person or for any consideration. Provided, nothing in this part shall be interpreted to prevent any deputy from exercising his or her right to express his or her opinion privately and to cast his or her vote. No deputy shall be demoted or dismissed from his or her position or in any way favored or discriminated against with respect to his or her employment because of his or her political or religious opinions or affiliations.
Ala. Code § 45-37A-351.01 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-351.01
Section 45-37A-351.01 Ad Valorem Tax Increase
Status: in_force

(a) In addition to any taxes now authorized or that may hereafter be authorized by the constitution and laws of the State of Alabama, pursuant to Amendment 336 to the Constitution of Alabama of 1901, as amended, an increase of the municipal ad valorem tax presently being levied pursuant to Amendment 336 to the Constitution of Alabama of 1901 in the City of Mountain Brook in Jefferson County from the rate of one dollar and six cents on each one hundred dollars worth of taxable property in the City of Mountain Brook to the rate of two dollars and thirty-six cents on each one hundred dollars worth of taxable property in the City of Mountain Brook (an increase of one dollar and thirty cents on each one hundred dollars worth of taxable property, or 13 mills) is approved; such increase of 13 mills to be levied and collected by the governing body of City of Mountain Brook for each year without limit as to duration, beginning with the levy in the tax year ending September 30, 1994, (the tax for which year shall be due and payable October 1, 1994) or such later year for which the required electorate approval may be obtained for the earliest possible levy and collection, for general municipal purposes; provided, that the aforesaid increased rate of such tax, the time it is to continue, and the purpose thereof shall have been first submitted to the vote of the qualified electors of the City of Mountain Brook and voted for by a majority of those voting at a special election called and held in accordance with the law governing special elections as provided in Amendment 336.

(b) In implementation of Amendment 336 with respect to the proposed municipal ad valorem tax increase in the City of Mountain Brook: (1) All action heretofore taken by the Mountain Brook City Council in conducting the public hearing and proposing the tax increase of 13 mills (subject to approval to the Legislature of Alabama and the City of Mountain Brook electorate) for a period of time beginning with the October 1, 1994, collection and without limit as to duration, is hereby ratified, validated, and confirmed and (2) if any proposal to levy the 13 mill increase in municipal ad valorem tax at a rate not exceeding the 13 mill increase specified above for the period specified above or any shorter period included therein, is defeated at any special election therefor, subsequent special elections may be held as provided in Amendment 336 on the tax increase at the same or any lesser rate and for the same or any lesser period without an additional public hearing or Mountain Brook City Council approval or further approval by the Legislature of Alabama.
Ala. Code § 45-44-230 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-230
Section 45-44-230 Salaries
Status: in_force

(a)(1) In Macon County, the employees of the sheriff’s department shall be entitled to receive annual salaries as follows:

a. One chief deputy $16,556.80

b. One investigator $15,870.40

c. One junior investigator $12,188.80

d. Senior deputies $12,916.80

e. Three junior deputies $12,188.80

f. Jailors $7,500.00

g. Secretary $10,000.00

(2) The salaries herein provided shall be payable in equal monthly installments from the general fund of the county and be the total compensation, in lieu of all other salaries, expense allowances, or other compensation heretofore payable by law.

(b) Deputies sheriff shall be hired in the position as junior deputies, and at the discretion of the sheriff, with increased experience and training, be promoted to the position of senior deputy.

(c) Provided, however, that the implementation of this section shall be completely discretionary with the county commission.
Ala. Code § 45-37A-251.01 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-251.01
Section 45-37A-251.01 Definitions
Status: in_force

As used in this part, the term appropriate city official shall mean any city official or employee designated by the mayor or other chief executive officer of the city as the person to exercise the authority and perform the duties delegated by this part to the appropriate city official.
Ala. Code § 45-49-102.36 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-102.36
Section 45-49-102.36 Disposition of Funds
Status: in_force

Except as otherwise provided in this subpart, all funds to be allocated to the school councils in a pilot program that are administered by or come into the possession of the school board shall be allocated and released within 30 days to the school councils.
Ala. Code § 45-19-82.01 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-82.01
Section 45-19-82.01 Recording Fee
Status: in_force

(a) In Coosa County, a special recording fee of ten dollars ($10) shall be collected by the judge of probate, with respect to each real property instrument and each personal property instrument that may be filed for record in the office of the judge of probate and for the recording of other instruments and documents in the probate office in the discretion of the governing body of the county, and no such instrument shall be received for record in the office of the judge of probate unless the special recording fee is paid thereon. The special recording fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the filing for record of any real property instrument or personal property instrument, and for the recording of other instruments and documents in the probate office.

(b) The special recording fee provided for by subsection (a) shall be deposited into the county general fund.
Ala. Code § 45-14-90.01 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-90.01
Section 45-14-90.01 Emerald Triangle Commission - Composition
Status: reserved

Repealed by Act 2009-388, p. 712, §1, effective May 5, 2009.
Ala. Code § 45-17-81.24 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-81.24
Section 45-17-81.24 Advisory Board
Status: in_force

The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final decision as to the admittance of individuals or administration of the program regardless of the board’s views. It shall be the district attorney’s decision as to who will comprise the board and when or if it should meet.
Ala. Code § 45-16-84.20 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-84.20
Section 45-16-84.20 Assessment and Collection of Motor Vehicle Taxes; Issuance of Licenses
Status: in_force

In Coffee County, the judge of probate shall perform all duties relative to the assessment and collection of taxes on motor vehicles in Coffee County, which the revenue commissioner is required under the general law to perform. The revenue commissioner shall be relieved of all duties and responsibility relative to the assessment and collection of taxes on such motor vehicles, and the judge of probate in all such counties shall have all duties and responsibilities relative to the assessment or collection of taxes and issuance of motor vehicle licenses. For the purposes of this subpart the term motor vehicle shall mean the same as defined in Article 5, commencing with Section 40-12-240, of Chapter 12, Title 40.
Ala. Code § 45-35-20.01 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-20.01
Section 45-35-20.01 Construction; Purpose
Status: in_force

This part shall be deemed an exercise of the police power of the State of Alabama for the protection of the public welfare, health, peace, and morals of the people of Houston County and this part shall be liberally construed for the accomplishment of this purpose. The purpose of this part is to prohibit, within an establishment dealing in or permitting the consumption of alcoholic beverages, sexual conduct, nudity, simulated nudity, partial nudity, erotic dancing while nude or partially nude, dancing commonly referred to as bikini dancing, or other entertainment where entertainers, employees, dancers, or waiters appear nude or semi-nude.
Ala. Code § 45-52-150.14 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-150.14
Section 45-52-150.14 Application of Article
Status: in_force

This article shall not be interpreted to permit bingo in any part of the City of Decatur outside of Morgan County.
Ala. Code § 45-27-232 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-232
Section 45-27-232 Operation of Jail Store; Sheriff’s Law Enforcement Fund
Status: in_force

(a) The Sheriff of Escambia County may operate a jail store or commissary for all inmates within the confines of Escambia County custody. The jail store or commissary shall be operated to serve the needs of the county jail population.

(b) Any and all monies collected under subsection (a) shall be deposited by the Sheriff of Escambia County, or his or her appointed agent, in any bank located in Escambia County selected by the sheriff, into a fund known as the Sheriff’s Law Enforcement Fund.

(c) The Sheriff’s Law Enforcement Fund shall be drawn upon by the Sheriff of Escambia County, or his or her appointed agent, and shall be used for the betterment of law enforcement in the public’s interest in the discharge of the sheriff’s office, as the sheriff sees fit.

(d) Any and all monies collected prior to May 22, 1997, shall be transferred into the Sheriff’s Law Enforcement Fund created by this section.

(e) The establishment of the Sheriff’s Law Enforcement Fund and the use of the funds shall not diminish or take the place of any other source of income established for the sheriff or the operation of his or her office.

(f) The State Examiners of Public Accounts shall audit the fund annually and submit a copy of the audit to the sheriff within 30 days of its completion.
Ala. Code § 45-28-150.13 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-150.13
Section 45-28-150.13 Revocation of Bingo Permit - Eligibility; Effect of Convictions
Status: in_force

(a) A permit holder whose permit is revoked in consequence of a violation of this article or a rule promulgated under this article is ineligible to apply for a permit for a period of one year after the revocation.

(b) A person convicted of an offense under Section 45-28-150.15 or any other gambling offense is ineligible to serve as an officer or a permit holder or to participate in conducting bingo for a period of one year after the conviction becomes final. If the person is licensed pursuant to this article, the person shall forfeit the permit and is ineligible to apply for the issuance or reissuance of the permit for a period of one year thereafter.

(c) If the permit is revoked, in addition to other penalties which may be imposed, the sheriff may declare the violator ineligible to conduct a bingo game or apply for a permit under this article for a period not exceeding one year.

(d) The permit holder shall return its permit to the sheriff on or before the effective date of a revocation or forfeiture. Whether returned or not, the permit shall not be valid beyond the effective date of the revocation or forfeiture.
Ala. Code § 45-41-130.03 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-130.03
Section 45-41-130.03 Duties
Status: in_force

It shall be the duty of the county engineer to carry out the following as determined by the county commission or its designee:

(1) To employ, supervise, and direct all personnel and assistants as are necessary and authorized to properly maintain and construct the county roads, highways, bridges, and ferries of the county; to prescribe their duties; and to discharge employees for cause or when not needed.

(2) To perform or have performed such engineering and surveying services as may be required; and to prepare and maintain the necessary maps and records.

(3) To prepare and present to the county commission on or before September 15 each year a proposed budget for the county highway department; and to maintain the necessary records to show the expenditures made in constructing and maintaining of the county highway system.

(4) To build or construct new roads, or change old roads, upon the order of the county commission.

(5) To construct and maintain all county roads for the benefit of the county as a whole or as a unit.

(6) To have the authority, under the laws of the State of Alabama, to receive and evaluate bids and present to the county commission for approval.

(7) To have authority to adopt rules and requirements regarding the approval, design, and construction of roads, highways, and bridges that are to be accepted into the county road system for permanent maintenance.

(8) Unless otherwise determined by the county commission or its designee, to expend budgeted funds to make purchases of all materials, machinery, equipment, and supplies needed for the construction, maintenance, and repair of county roads, bridges, and ferries in accordance with county purchasing procedures and state purchasing laws.
Ala. Code § 45-37-170.26 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-170.26
Section 45-37-170.26 Powers of Authority
Status: in_force

The authority shall have the following powers together with all powers incidental thereto or necessary for the performance of the powers stated in this section:

(1) To have succession by its corporate name without time limit.

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

(3) To have and to use a corporate seal and to alter the same at its pleasure.

(4) To receive and expend funds from federal, state, county, municipal, and private sources for the purposes hereof.

(5) To dig channels, build dikes, dams, and lakes or ponds to contain flood waters as deemed useful by it to improve flood control, and whenever practical to build any and all facilities which can contribute to the use of such flood control channels for navigation.

(6) To contract with municipalities and counties for the financing and joint construction and operation of such facilities.

(7) To be responsible for regulating and facilitating traffic and transportation in and on the areas affected by any flood control project.

(8) To appoint, employ, contract with, and provide for the compensation of such employees, attorneys, architects, engineers, consultants, and agents as the board shall deem necessary for the conduct of the business of the authority.

(9) To apply for and receive and expend in accordance with the terms thereof grants from the United States of America or any agency thereof, the State of Alabama or any agency thereof, and from any municipality or county situated within the State of Alabama.

(10) To borrow money and to pledge as security therefor assets of the authority, without the right of lender to foreclose, and revenues of the authority or any portion thereof.

(11) To issue its revenue bonds to finance any construction project authorized hereunder under the same terms as provided for industrial development boards created under the provisions of Sections 11-54-80 to 11-54-101, inclusive, as amended, secured by rentals, taxes, or other income of the authority. 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 expenses may include, but shall not be limited to:

a. The fiscal, engineering, legal, and other expenses incurred in connection with the issuance of the bonds.

b. 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.

(12) To establish by resolution such procedures for the conduct of its affairs as it may deem necessary.
Ala. Code § 45-9-171.20 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-171.20
Section 45-9-171.20 Fees for Services
Status: in_force

(a) The Chambers County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall set the fee to be charged for each service. The health department is hereby authorized to charge and collect such fees. 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.

(b) No person shall be denied any service because of that person’s inability to pay. The county board of health may establish a sliding fee scale based on one’s ability to pay.

(c) This section shall not apply to nor affect any fees otherwise authorized, set, or collected under state or federal law or regulations.

(d) All fees collected pursuant to this section are hereby appropriated to the respective health department which collected such fees.
Ala. Code § 45-55-243.10 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-243.10
Section 45-55-243.10 Period of Levy and Collection; Use of Tax Proceeds
Status: in_force

The taxes levied by this subpart shall be levied on June 1, 2007 (or on such later date on which this subpart shall become law) and shall be levied and collected thereafter, as provided herein, without limit as to duration. The proceeds of the taxes levied and collected pursuant to this subpart shall be distributed each month as follows:

(1) From and after June 8, 2007:

a. Seventy-five percent of the proceeds shall be distributed to the county board of education and the various city boards of education in the county on the same basis as provided for the distribution of funds among local boards of education under Section 40–12–4, or any successor provision of law.

b. Twenty-five percent of the proceeds shall be distributed to the county for general purposes and uses.

(2) From and after October 1, 2007:

a. Twelve thousand five hundred dollars ($12,500) of the proceeds shall be distributed to the county for distribution to agencies, entities, and organizations providing services to the general public in the county and eligible to receive appropriations of public funds from the county.

b. Seventy-five percent of the remaining proceeds shall be distributed to the county board of education and the various city boards of education in the county on the same basis as provided for the distribution of funds among local boards of education under Section 40–12–4, or any successor provision of law

c. Twenty-five percent of the remaining proceeds shall be distributed to the county for general purposes and uses.
Ala. Code § 45-51-82.25 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-82.25
Section 45-51-82.25 Conditions of Behavior and Conduct
Status: in_force

During that period the district attorney may impose conditions upon the behavior and conduct of the defendant which assures the safety and well being of the community as well as that of the defendant. Included among those conditions which may be imposed by the district attorney, are as follows:

(1) Placing the person under the supervision of a designated person or organization or appointed agency agreeing to supervise him or her.

(2) Require absolute non-criminal behavior on the part of the defendant.

(3) Require that the defendant conduct himself or herself in an honorable manner as a good member of the community, and not endanger in any way the person, property rights, dignity, or morals of himself, herself, or others.

(4) Require that the defendant comply with all municipal, county, state, and federal law, ordinances, and orders.

(5) Require the defendant to promptly reply to any communication from the office of the district attorney, probation counselor, or any other representative or person designated by the district attorney or the probation department.

(6) Require the defendant to submit written reports in accordance with the instructions of the district attorney’s office or the probation department or other written or oral reports as required of the defendant by the office of the district attorney or probation department.

(7) Require the defendant to be absolutely truthful in such oral or written reports.

(8) Require the defendant to make every effort to obtain and hold a legitimate job and cooperate with the district attorney’s office in any effort which the office may make to obtain employment for the defendant.

(9) Require the defendant to report a loss of employment to the district attorney’s office or his or her probation counselor.

(10) Require the defendant to give notice of his or her arrest on any charge to the district attorney’s office or to his or her probation counselor.

(11) Require the defendant to support his or her dependents, if any, and assume toward them all moral and legal obligations.

(12) Require the defendant to pay restitution to the victim of the offense in an amount and upon such terms determined by the district attorney.
Ala. Code § 45-23A-21 — Alabama Code / Title 45 / Chapter 23A / Section 45-23A-21
Section 45-23A-21 City Council
Status: in_force

(a) Notwithstanding any law, whether special, local, general, or municipal ordinance, to the contrary, pursuant to Civil Action No. 85-T-1332-N, U.S. District Court for the Middle District Northern Division Federal Court Order, the City of Daleville in Dale County, shall not designate by place number or by other similar method seats for its city council.

(b) The City Council of the City of Daleville, Alabama, shall consist of five members elected at large, without designated or numbered places. In the election of members of the city council, the five candidates receiving the highest number of votes shall be elected to the council. There shall be no runoff election. In the event of a tie vote for the fifth highest receiving votes, the winner shall be selected by a majority vote of the newly elected mayor and council. In the election for members of the city council, each qualified voter shall be entitled to vote for any number of candidates from one to five, as he or she chooses, but may cast no more than one vote for a candidate.

(c) The requirement for office, application for candidacy, and the fees 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 provided, the office of city council member and the operation of the governing body of Daleville, Alabama, shall continue as otherwise provided by law.
Ala. Code § 45-37A-331.33 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.33
Section 45-37A-331.33 Automated Photographic Speeding Enforcement System Authorized
Status: in_force

(a) The City of Midfield is empowered to utilize an automated photographic speeding enforcement system to detect and record speeding violations, to issue notices of civil violations by mail, and to prosecute civil violations for the recorded speeding violations which may occur within the corporate limits of the City of Midfield as provided in this subpart. A civil fine assessed under this subpart shall not exceed one hundred dollars ($100), and municipal court costs may be assessed in the same manner and in the same amounts prescribed for municipal criminal speeding violations prosecuted as a misdemeanor. An additional fee of ten dollars ($10) shall be added to the Midfield Municipal Court costs authorized to be collected in connection with notices issued under this subpart. Court costs collected pursuant to this subpart shall be distributed in the same manner as prescribed by law for the distribution of municipal court costs for misdemeanor violations. The additional ten dollars ($10) authorized by this subpart shall be paid to the Alabama Criminal Justice Information Center as compensation for record keeping with respect to speeding violation notices issued pursuant to this subpart.

(b) If an ordinance is adopted for automated speeding enforcement, the City of Midfield shall cause a sign to be posted at each of a minimum of 10 roadway entry points to the city to provide motorists with notice that automated photographic speeding enforcement systems are in use. The sign shall comply with this requirement if it states substantially the following: ‘‘AUTOMATED CAMERAS USED IN SPEEDING ENFORCEMENT,’’ or if it otherwise gives sufficient notice.

(c) Prior to operating such an enforcement system, the City of Midfield shall make a public announcement and conduct a public awareness campaign of the use of an automated photographic speeding enforcement system a minimum of 30 days before using the devices. The City of Midfield may place photographic speeding enforcement systems at locations without public notice of the specific location, may change locations without public notice, and may install and move as needed decoy devices designed to resemble photographic speeding enforcement systems.

(d) The city shall post signs warning of the use of an automated photographic device for speeding enforcement within 60 yards of every speed detection device used. Each sign shall be placed at least five feet from the edge of the road or street and shall be placed not lower than two feet and not higher than eight feet.
Ala. Code § 45-26A-71.01 — Alabama Code / Title 45 / Chapter 26A / Section 45-26A-71.01
Section 45-26A-71.01 Regulation of Sale and Consumption of Alcoholic Beverages on Sunday
Status: in_force

(a) This section shall apply only to the City of Wetumpka.

(b) The City Council of the City of Wetumpka may authorize the sale of alcoholic beverages for on-premises consumption by restaurants, hotels, and night clubs which are retail licensees of the Alcoholic Beverage Control Board, within the municipality on Sunday between 12:00 p.m. (noon) and 9:30 p.m., and on those Sundays on which New Year’s Eve (December 31) occurs at any time after 12:00 p.m. (noon). Except as authorized by law or during those hours, it shall be unlawful for any licensed vendor to sell, dispense, or permit the consumption of alcoholic beverages on Sunday. The City of Wetumpka may enact, by ordinance, such policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales.

(c) The provisions of this section are cumulative and supplemental to the present power and authority of the City of Wetumpka and is not intended to, nor shall it be interpreted to, repeal any existing power of authority of the City of Wetumpka now permitted under the general laws of the state, or under any local or special act of the Legislature.
Ala. Code § 45-49-249.50 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-249.50
Section 45-49-249.50 Definitions
Status: in_force

For the purposes of this subpart, the following words shall have the following meanings:

(1) BUSINESS RECORDS. All invoices, receipts, ledgers, inventories, tax returns, balance sheets, reports, and documents of every type, whether prepared or maintained on paper or electronically.

(2) CHEWING TOBACCO. All chewing tobacco prepared in such manner as to be suitable for chewing only and not suitable for smoking.

(3) CIGARS, CHEROOTS, STOGIES, ETC. A roll for smoking that is of any size or shape and that is made wholly or in part of tobacco or any substitute therefor, irrespective of whether the tobacco is pure or flavored, adulterated, or mixed with any other ingredient, if the roll has a wrapper made wholly or in part of tobacco.

(4) FILTERED CIGARS. Filtered cigars that have a cellulose acetate or similar integrated filter, made of tobacco, or any substitute therefor, and weighing more than three pounds per 1,000.

(5) LITTLE CIGARS. Cigars of all descriptions, including filtered cigars, made of tobacco, or any substitute therefor, and weighing not more than three pounds per 1,000.

(6) OTHER TOBACCO PRODUCTS. Cigars made of tobacco or any substitute therefor, including cigarette-sized or near-cigarette-sized cigars, smoking tobacco or hookah, chewing tobacco, snuff, rolling papers, tubes, wraps, or cones designed for tobacco consumption.

(7) RETAIL DEALER. Every person, firm, or corporation, other than a wholesale dealer or jobber, who shall sell or offer for sale any one or more of the articles taxed herein, irrespective of quantity or amount, or the number of sales; and all persons operating under a retail dealer’s license.

(8) SEMIJOBBER. Persons, firms, or corporations who buy tobacco products from permitted wholesalers or obtain tobacco from any other source and sell at wholesale any one or more of the articles taxed herein to licensed retail dealers for the purpose of resale only.

(9) SMOKING TOBACCO. All smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette.

(10) STAMPS. The stamp or stamps by the use of which tax is levied under this subpart.

(11) WHOLESALE DEALER AND JOBBER. Persons, firms, or corporations who buy tobacco products direct from the manufacturer or an affiliate of the manufacturer and sell at wholesale only, any one or more of the articles taxed herein to licensed wholesale dealers, jobbers, semijobbers, and retail dealers for the purpose of resale only.
Ala. Code § 45-2-21.04 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-21.04
Section 45-2-21.04 Referendum - Powers of Governing Body
Status: in_force

The governing body in the jurisdiction of the referendum shall have the authority to establish hours of sale and other provisions of the referendum necessary to implement this subpart.
Ala. Code § 45-16-84.26 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-84.26
Section 45-16-84.26 Books, Records, and Blanks
Status: in_force

The Comptroller, the State Department of Revenue and the State Department of Finance are hereby required to furnish to the Coffee County Judge of Probate all books, records, and blanks now or hereafter required by law to be furnished to probate judges, tax assessors, tax collectors, revenue commissioners, or license commissioners in connection with the performance of their duties in the issuance of automobile license plates, and the assessment and collection of the ad valorem tax on motor vehicles.
Ala. Code § 45-17A-83.10 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-83.10
Section 45-17A-83.10 Electric Distribution System
Status: in_force

All revenues generated from the sale of electricity or in any way from the use of the electric distribution system, shall be deposited in board approved accounts. Payment shall be made to the City of Tuscumbia in accordance with the terms of the power contract between the Tennessee Valley Authority and the board and/or City of Tuscumbia then in effect. For the 2006-2007 fiscal year, the power contract requires payments to the City of Tuscumbia in lieu of taxes based on 4.7 percent of net plant value. The required payments to the City of Tuscumbia shall be made monthly and adjusted annually based on the required audit of the electric utility system.
Ala. Code § 45-43-242 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-242
Section 45-43-242 Sale, Distribution, or Delivery of Malt or Brewed Beverages to Retailers
Status: in_force

(a) The Lowndes County Commission is hereby authorized to levy a privilege or license tax on all persons, firms, and corporations, selling, distributing, or delivering to retailers in Lowndes County, any malt or brewed beverages including beer, lager beer, ale, porter, or similar fermented malt liquor containing one-half of one percent or more of alcohol by volume, which tax shall be in an amount equal to one cent ($.01) on each 12 fluid ounces or fractional part thereof, sold or distributed within the county, including that sold or distributed within all municipalities located in the county. Such tax shall be in addition to all other taxes heretofore levied on the sale and distribution of such beverages in the county.

(b) Any privilege or license tax levied by this section shall be collected by or under the supervision of the County Commission of Lowndes County. The commission shall provide rules and regulations and administrative machinery for the enforcement and collection of the privilege or license tax levied by this section.

(c) Any person, firm, or corporation who violates this section or any rule or regulation adopted pursuant to this section, shall be guilty of a Class B misdemeanor and upon conviction shall be punished as prescribed by law. Each month such violation continues shall constitute a separate offense. Any person, firm, or corporation who fails to pay the tax herein levied within the time prescribed by such rules and regulations shall pay, in addition to the tax, a penalty of 10 percent of the amount of tax, together with interest thereon at the rate of one percent per month or fraction thereof, from the date on which the tax herein levied became payable, such penalty and interest to be assessed and collected as a part of the tax.

(d) The Lowndes County Commission, between the first and fifteenth day of each month, shall deposit the proceeds of the tax in a special juvenile services trust fund account, which shall only be expended for the purpose of providing county juvenile detention and group home facilities, payment for legal services to juveniles, employing and training juvenile personnel, training expenses, offices and supplies, recreation facilities, or any other purpose promoting juvenile services in Lowndes County except those expenditure items which are normally funded by the unified court system budget and fund.
Ala. Code § 45-8A-23.237 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.237
Section 45-8A-23.237 Pension and Relief Funds
Status: in_force

All laws and parts of laws relating to pension, retirement, and relief funds for any employees of the city, contained in the general or local laws of the state or in Title 11 as the same may apply and be in effect with respect to any city at the time when such city shall elect to be governed by the provisions of this part, shall continue in full force and effect, and without interruption or change as to any rights which have been acquired thereunder.
Ala. Code § 45-49-40.07 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-40.07
Section 45-49-40.07 Application for License; Renewal
Status: in_force

(a) Any person desiring to practice barbering, or desiring to practice as an apprentice barber, shall file with the secretary of the board a written application, under oath, on a form prescribed by the board, together with two photographs of the applicant, two x three inches in size, and satisfactory proof that applicant is of good moral character and also furnish the board with a certificate issued by the county health department from a practicing medical physician of such county showing that applicant is free from any contagious, infectious, or communicable disease, including gonorrhea, syphillis, and tuberculosis.

(b) Neither a medical examination nor new photographs shall be required for the renewal of a barber shop operator’s license or a teacher or instructor certificate or license.
Ala. Code § 45-39-92.09 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-92.09
Section 45-39-92.09 Exemption from Taxation
Status: in_force

The authority, its property, real and personal, any income produced and all conveyances, deeds, leases, mortgages, and deeds of trust, shall be exempt from all taxation by the State of Alabama or any political or administrative subdivision thereof, including, but not limited to, all income, ad valorem, sales, excise, license, and privilege taxes and fees.
Ala. Code § 45-25A-42 — Alabama Code / Title 45 / Chapter 25A / Section 45-25A-42
Section 45-25A-42 Sale of Draft or Keg Beer or Malt Beverages
Status: in_force

(a) This section shall only apply to the City of Fort Payne in DeKalb County.

(b) The sale of draft or keg beer or malt beverages by retail licensees of the Alcoholic Beverage Control Board is authorized in the City of Fort Payne. All resolutions and ordinances relating to the sale, consumption, and possession of bottled or canned beer in such city shall apply to draft or keg beer or malt beverages. The Fort Payne City Council may adopt an ordinance regulating the sale of draft or keg beer or malt beverages pursuant to this section.
Ala. Code § 45-52-82.01 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-82.01
Section 45-52-82.01 Additional Filing Fee - Morgan County Law Library Fund
Status: in_force

(a) In addition to any and all other costs and charges of courts, there shall be taxed as costs the sum of two dollars ($2) in each civil or quasi civil action, criminal case, quasi criminal proceeding, or any other case of any kind whatsoever filed in the probate, district, or circuit courts in Morgan County.

(b) The additional costs shall be collected as other costs in such cases are collected and paid to the Treasurer of Morgan County and shall be kept by him or her in a separate fund designated as Morgan County Law Library Fund and may be expended as are other sums deposited in the fund.
Ala. Code § 45-8A-22.121 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.121
Section 45-8A-22.121 Partial Lump Sum Option
Status: in_force

(a) Notwithstanding Section 45-8A-22.120, effective with respect to distributions before October 1, 2012, a participant may elect to receive a partial lump sum option whereby the amount of his or her monthly retirement benefit shall be reduced, in return for the payment to the participant of a lump sum amount, in cash, at the time his or her monthly pension is first payable. The participant may elect to receive the lump sum, which is based on the reduced amount of his or her regular monthly benefit, before any reduction for survivor benefits, for life multiplied by the specified number of months, as set forth below: Reduction Factor Multiplier 0.91 12 months 0.83 24 months 0.77 36 months 0.71 48 months 0.67 60 months

Lump Sum Benefit = Monthly Retirement Benefit X Reduction Factor X Multiplier

The monthly benefit then shall be reduced appropriately for survivor benefit options.

(b) Effective with respect to distributions on and after October 1, 2012, the plan does not provide a partial lump sum distribution option; rather all distributions shall be made in accordance with Section 45-8A-22.120.
Ala. Code § 45-8A-22.101 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.101
Section 45-8A-22.101 Retirement Board Membership; Secretary-Treasurer
Status: in_force

(a) Retirement Board.

(1) The retirement board shall be composed of five members:

a. One member shall be elected by the retirees and surviving spouses of retirees of the plan.

b. One member shall be a member of the City of Anniston Fire Department (“fire department”) elected by the members of the fire department.

c. One member shall be a member of the City of Anniston Police Department (“police department”) elected by the members of the police department.

d. One member shall be the City of Anniston Finance Director.

e. One member shall be appointed by the City Council of the City of Anniston and such member shall be a qualified elector in the City of Anniston and shall not be an individual who is a member or the spouse, child, parent, sibling, or in-law of a member currently represented on the retirement board.

(2) The member elected by the retirees and surviving spouses of retirees of the plan, the member elected by the members of the fire department, and the member elected by the members of the police department each shall serve for a term of three years, and such terms shall be staggered such that the terms of the members do not expire simultaneously. Any vacancy on the retirement board shall be filled for the unexpired term in the same manner that the position was previously filled. A member of the retirement board may resign by delivering a written resignation to the retirement board.

(3) The members of the retirement board shall elect one of their members as chair (the “chair”).

(4) Three members of the retirement board shall constitute a quorum for the transaction of all business.

(5) Three votes shall be necessary for a decision by the retirement board; provided, however, four votes shall be necessary for:

a. a decision by the retirement board that materially affects the terms of the plan or materially affects the benefits offered hereunder, or

b. a decision by the retirement board made pursuant to Section 45-8A-22.109(b), Section 45-8A-22.113(d), Section 45-8A-22.116(a)(2)b., or Section 45-8A-22.119(a)(2)c.

(6) The members of the retirement board shall serve without compensation.

(7) The actual and reasonable cost incurred by members of the retirement board for travel, meals, gratuities, lodging, and registration fees for any seminars or programs attended by the members provided, however, that the retirement board shall approve in advance the retirement board member’s participation in any seminar or program as being related to the retirement board member’s performance of his or her duties under the plan in the management of the plan. Within 30 days of the retirement board member attending such seminar or program, receipts for such authorized expenses shall be submitted to the secretary-treasurer and must be approved by the retirement board. If the expenditures, or any portion thereof, are not approved by the retirement board, the member shall not be reimbursed for the expenditures, or if he or she has been advanced such funds, he or she shall immediately repay the funds to the secretary-treasurer. Such expenses described herein shall be limited to three thousand dollars ($3,000) per retirement board member each calendar year.

(b) Secretary-Treasurer. The City of Anniston clerk shall serve as the secretary and the treasurer (the “secretary-treasurer”) to the retirement board. The secretary-treasurer shall receive as compensation for his or her services an amount to be fixed from time to time by the retirement board which is to be paid on the first day of each month by a warrant drawn upon the trust as other warrants are drawn upon the trust. The secretary-treasurer shall be responsible for maintaining the records of all monies belonging to the trust and evidence of all securities and other things of value belonging to the trust. He or she, before taking office as secretary-treasurer, shall make bond, in an amount to be fixed from time to time by the retirement board and approved by the chair, with a surety company authorized to do business in the State of Alabama for the faithful performance of his or her official duties and for the faithful accounting for all monies, securities, and other things of value which may come into his or her possession relating to the trust. The premiums on the bond shall be paid out of the trust. He or she shall keep the monies of the trust in a separate account or accounts that shall show at all times the true condition of the trust. Upon his or her resignation or removal from office, the secretary-treasurer shall surrender and deliver to his or her successor all bonds, securities, unexpended monies, properties, and assets which are in his or her hands relating to the trust. The secretary-treasurer shall keep a full and complete record of all proceedings of the retirement board and perform such other duties as may be imposed upon him or her by the retirement board. He or she shall keep a record of the terms of office of each member of the retirement board and shall notify the electing body or bodies not less than 30 days nor more than 60 days prior to the date that an election of a member or members should be held.
Ala. Code § 45-30A-50.13 — Alabama Code / Title 45 / Chapter 30A / Section 45-30A-50.13
Section 45-30A-50.13 Probation
Status: in_force

Except as provided in Section 45-30A-50.01 and Section 45-30A-50.02, to acquire permanent status in a position in the classified service so long as such position remains in the classified service, employees shall be subject to a period of probation. The regular period of probation shall be six months; provided, however, the board may adopt rules and regulations specifying a longer period of probation for a designated class or classes, or for extension of the probation period for any individual probationary employee, but no probationary period may extend beyond 12 months. The work and conduct of employees with a probationary status shall be subject to close scrutiny and evaluation. An employee retained beyond the end of the probationary period shall have permanent status in the position in which he or she was so retained so long as that position remains in the classified service if, but only if, the appointing authority files a written statement with the board affirming the fact that the services of the employee have been found to be satisfactory.
Ala. Code § 45-51-233 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-233
Section 45-51-233 Jail Store; Disposition of Funds
Status: in_force

(a) The Sheriff of Montgomery County is authorized to operate a jail store/commissary for inmates within the confines of the Montgomery County Detention Facility and Annexes. The jail store/commissary shall be operated to serve the needs of the county jail population.

(b) Any and all monies collected under subsection (a) shall be deposited by the Sheriff of Montgomery County or his or her appointed agent in any bank located in Montgomery County selected by the sheriff into a fund known as the Sheriff’s Law Enforcement Fund.

(c) The Sheriff’s Law Enforcement Fund as provided in subsection (b) shall be drawn upon by the Sheriff of Montgomery County or his or her appointed agent and shall be used for the betterment of law enforcement in the public’s interest in the discharge of the sheriff’s office as the sheriff sees fit.

(d) Any and all monies collected, if any, as outlined in subsection (a), before May 21, 1996, shall be transferred into the Sheriff’s Law Enforcement Fund created by this section.

(e) The establishment of the Sheriff’s Law Enforcement Fund as provided in this section and the use of such funds shall in no way diminish or take the place of any other source of income established for the sheriff or the operation of his or her office.

(f) The Department of Examiners of Public Accounts is authorized to audit the monies annually and submit a copy of the audit to the sheriff within 30 days of its completion.
Ala. Code § 45-57A-63.105 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.105
Section 45-57A-63.105 Down Payments on Capital Projects
Status: in_force

In the budget and budget proposal under the special caption of down payments on capital projects, as provided in subdivision (12) of Section 45–57A–63.103, there shall be separately stated as to each capital project for which it is expected that bonds will be authorized during the budget year, a sum which is not less than five percent of the amount of bonds to be authorized for that project. For purposes of the down payment, all street improvements expected to be partly financed by the issuance of bonds during the budget year may be considered a single project; so also may all proposed extensions of the water system, and likewise all extensions of the sewer system. Such an appropriation for a down payment shall not be required before the issuance of bonds to finance any capital expenditure which is the result of fire, flood, or other disaster, or which is for a city owned, or operated, utility or other public service enterprise, or which is to be met in part, in cash, labor, or materials, by any agency of the government of the United States of America, or of this state.
Ala. Code § 45-18-242 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-242
Section 45-18-242 Lodging Tax Levied; Exemptions
Status: in_force

(a) There is levied in Conecuh County, in addition to all other taxes now imposed by law, a privilege or license tax paralleling the state tax on the businesses of renting rooms, lodging, or accommodations to transients as provided for in Chapter 26, Title 40, hereinafter referred to as the state lodging tax, in the manner and at the rate hereinafter prescribed.

(b) Upon every person, corporation, partnership, firm, limited liability company, association, proprietorship, or other entity engaged in or continuing within the county the business of renting or furnishing any room or rooms, lodging, or accommodations to transients in any hotel, motel, inn, bed and breakfast facility, tourist camp, tourist cabin, tourist court, or any other place in which rooms, lodgings, or accommodations are rented or furnished to transients for a consideration, a privilege or license tax is levied in an amount to be determined by application of the rate of four percent of the charge for such room or rooms, lodging, or accommodation, including any charge for use or rental of personal property and services furnished in such room. Provided, however, there is exempted from the tax levied under this part any rentals or services taxed under the Alabama Sales Tax Act, provided for in Chapter 23, Title 40. The tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 30 continuous days or more in any place.
Ala. Code § 45-5-246.04 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-246.04
Section 45-5-246.04 Addition of Tax to Sales or Use Price; Absorption or Refund of Tax Prohibited
Status: in_force

Each person engaging or continuing in a business subject to the tax authorized by this part, and each casual sale, storage, use, or other consumption (sales or use) in this state that is subject to tax, shall add the sales or use price and collect from the purchaser the amount due by the taxpayer because of such sale or use. It shall be unlawful for any person subject to the tax to fail to refuse to add the sales or use price and to collect the tax from the purchaser.

It shall be unlawful for any person subject to the sales or use tax to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.
Ala. Code § 45-8-172.07 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-172.07
Section 45-8-172.07 Report on Abatement of Nuisance; Modifications; Liens; Special Assessments
Status: in_force

At the time fixed for receiving and considering the report, the city or county governing body shall hear the report, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating the nuisance. It shall make such modifications in the report as it deems necessary, after which by motion or resolution the report shall be confirmed. The amounts of the cost for abating the nuisance in front of or upon the various parcels of land mentioned in the report shall constitute special assessments against the respective parcels of land and shall constitute a lien on the property for the amount of the assessments. After confirmation of the report, a copy shall be turned over to the appropriate official or employee of the city or county who is charged with the collection of taxes or assessments. The official or employee shall add the amounts of the respective assessments to the next regular bills for taxes levied against the respective lots and parcels of land for city or county purposes. Thereafter, the amounts shall be collected at the same time and in the same manner as ordinary city or county taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city or county taxes.
Ala. Code § 45-39-30.03 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-30.03
Section 45-39-30.03 Lauderdale County Council for the Prevention of Elder Abuse
Status: in_force

(a) There is created the Lauderdale County Council for the Prevention of Elder Abuse. The members of the council shall include, but are not limited to, the following:

(1) Each member of the local legislative delegation, or his or her designee.

(2) Members of the Alabama Silver Haired Legislature, representing state legislative districts in Lauderdale County.

(3) A member, chosen by the local legislative delegation, from each of the following communities:

a. The faith-based community.

b. The banking community.

c. The financial planning community.

d. The mental health community.

(4) The Sheriff of Lauderdale County, or his or her designee.

(5) The Judge of Probate of Lauderdale County, or his or her designee.

(6) The District Attorney of the 11th Judicial District, or his or her designee.

(7) The Mayor of the City of Florence, or his or her designee.

(8) The President of the Lauderdale County Bar Association, or his or her designee.

(9) The Director of the Lauderdale County Department of Human Resources, or his or her designee.

(10) The chief executive officer, or his or her designee, of the following departments and organizations:

a. The Lauderdale County Health Department.

b. The Lauderdale County Department of Veterans’ Affairs.

c. The Lauderdale County 911 Network.

d. The North Alabama Council of Local Governments.

(11) The Director of Safeplace, Inc., of Florence, Alabama, or his or her designee.

(12) The Lauderdale County Coroner, or his or her designee.

(13) The Lauderdale County Circuit Court Clerk, or his or her designee.

(b) The membership of the council shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the county.

(c) The council shall meet at least bimonthly and the meetings shall be open to the public.

(d) No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under county or state law.

(e) The council shall appoint a chair from among the members of the council at its first called meeting.
Ala. Code § 45-34-71.01 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-71.01
Section 45-34-71.01 Election of Members; Terms
Status: in_force

Beginning in 1986 and thereafter, the five members of the Henry County Commission shall be elected from single member districts within Henry County, as hereinafter defined. Those county commissioners seeking to serve Districts No. 2, No. 3, and No. 4 shall run and be elected from their respective districts in 1986, and shall serve four-year terms. Those county commissioners seeking to serve Districts No. 1 and No. 5 shall run and be elected from their respective districts in 1988 and shall likewise serve four-year terms. The term of office of each commissioner, when elected, shall officially begin on the first Monday after the second Tuesday in January, following the election.
Ala. Code § 45-5-232 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-232
Section 45-5-232 Pistol License Fee; Exemption for Certain Military Veterans; Disposition of Funds
Status: in_force

(a) Except as provided in subsection (b), beginning January 1, 2008, in Blount County, the fee for issuing a license to carry a pistol shall be twenty dollars ($20) which shall be collected by the sheriff. The fee imposed by this section shall constitute the total fee imposed by local law in Blount County for the issuance of a pistol license and shall be paid in lieu of any and all fees for pistol licensing previously provided by local law.

(b) Any active, retired, or honorably discharged military veteran of the United States Armed Forces or the Armed Forces of the State of Alabama who meets the conditions for issuance or renewal of a pistol permit pursuant to Section 13A-11-75 shall be eligible to obtain the pistol permit without paying a fee for the permit as provided in subsection (a).

(c) Eighty percent of the fees collected shall be deposited into a bank account maintained by the sheriff. The funds shall be used and expended by the sheriff for the employment of personnel, the purchase of equipment, supplies, and materials, and for any other lawful purpose related to law enforcement in the county.

(d) Twenty percent of the fees collected shall be deposited into the Blount County General Fund.
Ala. Code § 45-49-140.02 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-140.02
Section 45-49-140.02 Petition for Elections
Status: in_force

(a) Upon a petition being filed in the office of the judge of probate of the county, the judge of probate shall order an election to be held in the proposed district on the question, or questions, on which the petition requests an election.

(b) The petition shall be signed by at least 100 qualified property owners within the boundaries of the proposed district.

(c) The petition shall contain a description of the area proposed to be established as a district and shall request the judge of probate to call an election on the following question: Shall there be created for the area a district for fighting fires?

(d) The petition shall state the name of the proposed district. The board of trustees of a district may change the name of the district by filing in the office of the judge of probate a copy of a resolution changing the name thereof, which copy shall be certified by the president of the board of trustees.

(e) The petition for election on the establishment of a district may be accompanied by a petition for a referendum on the question of levying a proposed service charge, signed by at least 100 qualified property owners residing within the proposed district. A petition for an election on the establishment of a district shall be deemed to be accompanied by a petition for an election on the question of levying a proposed service charge, if the request for the election on the proposed district and the request for an election on the proposed service charge are combined in a single petition.
Ala. Code § 45-28A-42.73 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.73
Section 45-28A-42.73 Payment of Expenses
Status: in_force

The board of trustees shall be authorized to pay out of such fund all reasonable and necessary expenses including the cost of bond herein provided for that may be incurred by it in and about the management and administration of such fund; provided that in no event shall the members of the board of trustees receive any salary or compensation for their services out of the fund.
Ala. Code § 45-45-83.44 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-83.44
Section 45-45-83.44 Agreement Required of Offender in Program
Status: in_force

(a) An offender who enters an intervention program shall:

(1) Waive, in writing, and contingent upon his or her successful completion of the program his or her right to a speedy trial.

(2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statute or rules of court.

(3) Agree, in writing, to the conditions of the intervention program established by the district attorney.

(4) In the event there is a victim of the crime agree, in writing, to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim.

(b) Pretrial intervention records or records related to pretrial intervention admission shall not be admissible in subsequent proceedings, criminal or civil, and communications between pretrial intervention counselors and defendants shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that such communications be revealed.
Ala. Code § 45-41A-12 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-12
Section 45-41A-12 Regulation of Alcoholic Beverage Sales on Sunday
Status: in_force

(a) This section applies to the sale of alcoholic beverages in the City of Auburn on Sunday by retail licensees of the Alcoholic Beverage Control Board for on-premises consumption.

(b) The City Council of the City of Auburn, by ordinance adopted by a simple majority, may authorize and permit the sale of alcoholic beverages for on-premises consumption within the corporate limits of the city on Sunday in the same manner as permitted on other days of the week.

(c) The provisions of this section are cumulative and supplemental to the present power and authority of the municipality, and this section is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the municipality now permitted under the general laws of the state, or under any local or special act of the Legislature.
Ala. Code § 45-1-243.09 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-243.09
Section 45-1-243.09 Use of Tax Proceeds
Status: in_force

The proceeds of any taxes authorized to be levied in this subpart shall be paid over by the county within 10 days after their receipt as follows:

(1) Fifty percent shall be paid over to the county board of education,

(2) Fifty percent shall be paid over to the county general fund.
Ala. Code § 45-37-41.03 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-41.03
Section 45-37-41.03 Permits
Status: in_force

(a) A person shall not operate a tanning facility unless the facility is permitted pursuant to this part.

(b) The department shall establish procedures for the issuance and annual renewal of permits.

(c) The department may cancel, revoke, or suspend a permit to operate a tanning facility if the permittee does any of the following:

(1) Obtains or attempts to obtain a permit by fraud.

(2) Violates this part.

(d) Prior to the cancellation, revocation, or suspension of a permit, the department shall notify the permittee of the proposed action and offer to conduct a hearing regarding the proposed action. The notice and hearing, if conducted, shall endeavor to fulfill all state and federal constitutional requirements of due process of law.
Ala. Code § 45-51A-32.38 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.38
Section 45-51A-32.38 Actuary
Status: in_force

The board may designate an actuary to be the technical advisor to the board on matters regarding the operation of the fund who shall perform such duties as are required of him or her by the board.
Ala. Code § 45-8-171.20 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-171.20
Section 45-8-171.20 Sliding Fee Schedule
Status: in_force

(a) The Calhoun County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall set the fee to be charged for each service. The health department is hereby authorized to charge and collect such fees. 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.

(b) No person shall be denied any service because of that person’s inability to pay. The county board of health may establish a sliding fee scale based on one’s ability to pay.

(c) This section shall not apply to nor affect any fees otherwise authorized, set, or collected under state or federal law or regulations.

(d) All fees collected pursuant to this section are hereby appropriated to the respective health department which collected the fees.
Ala. Code § 45-44A-40.02 — Alabama Code / Title 45 / Chapter 44A / Section 45-44A-40.02
Section 45-44A-40.02 Hearing; Appeal
Status: in_force

(a) Within the time specified in the notice, but not more than 30 days from the date the notice is given, any person, firm, association, or corporation having an interest in the building or structure, accumulation and storage of junk, inoperable motor vehicles or parts of inoperable motor vehicles, abandoned dwellings and mobile homes, or litter around property and vacant lots, including, but not limited to, abandoned cars and appliances may file a written request for a hearing before the city governing body, together with his or her objections to the finding by the appropriate city official that due to safety there maybe a public nuisance. The filing of the request shall hold in abeyance any action on the finding of the city official until determination thereon is made by the governing body. Upon holding the hearing, which hearing shall be held not less than 10 nor more than 30 days after the request, or in the event no hearing is timely requested, the governing body, after the expiration of 30 days from the date the notice is given, shall determine whether or not there is a public nuisance. Notice of the meeting of the governing body, and that the determination will be made thereat, shall be published one time in a newspaper of general circulation in the city, not less than 10 days prior thereto. In the event that it is determined by the governing body that there is a public nuisance, the governing body shall order the demolition or removal of the public nuisance. The demolition or removal may be accomplished by the city by the use of its own forces, or it may provide by contract for the demolition or removal. The city shall have authority to sell or otherwise dispose of salvaged materials resulting from the demolition or removal.

(b) Any person aggrieved by the decision of the governing body at the hearing, within 15 days thereafter, may appeal to the Circuit Court of Macon County upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of the notice of appeal and approval of the bond, the clerk of the court shall serve a copy of the notice of appeal on the city clerk and the appeal shall be docketed in the court, and shall be a preferred case therein. The city clerk upon receiving the notice, shall file with the circuit clerk a copy of the findings and determination of the governing body in the proceeding, and a trial shall be held without jury upon the determination of the governing body that there is a public nuisance.
Ala. Code § 45-47-250.04 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-250.04
Section 45-47-250.04 Board of Directors
Status: in_force

(a) The Marion County Public Water Authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization.

(b) Beginning October 1, 2025, the board of directors shall consist of five residents of Marion County as follows:

(1) The Chair of the Marion County Commission shall serve as a director in an ex officio capacity.

(2) The Marion County Firefighters Association shall appoint one member from their association who shall serve an initial term of one year.

(3) With each incorporated municipality, regardless of size, having one vote in the selection, the elected mayors of all incorporated municipalities in Marion County shall appoint one director who shall serve an initial term of two years.

(4) The members of the House of Representatives who serve Marion County shall appoint one director who shall serve an initial term of three years.

(5) The members of the Senate who serve Marion County shall appoint one director who shall serve an initial term of four years.

(c) Upon the expiration of the initial terms beginning on October 1, 2025, directors shall serve a term of four years and vacancies shall be filled by the respective appointing authority that made the initial appointment. In the event of a vacancy in office due to death, disability, resignation, or impeachment, the unexpired term of office shall be filled by appointment by the respective appointing authority making the initial appointment.

(d) Other than the chair of the county commission, no director may serve more than three consecutive four-year terms.

(e) Each director appointed shall be a duly qualified elector and resident of Marion County and shall own real property in the county.

(f)(1) Each director shall be compensated for each meeting attended in an amount to be determined by a majority vote of the members of the board. The amount of each director’s compensation shall be stated in the bylaws of the authority. In addition, each director shall be entitled to reimbursement for expenses actually incurred on official business of the authority in the performance of his or her duties.

(2) Any compensation payment made to a member of the Board of Directors of the Marion County Public Water Authority prior to October 1, 2025, is affirmed and ratified.

(g) If any director of the board is absent from three consecutive called or scheduled meetings, he or she shall be removed from office and terminated as a member of the board. Within 45 days of his or her removal, the respecting appointing authority of the director shall make a replacement appointment. Upon failure of the appointing authority to make a replacement appointment within 45 days, the Governor shall appoint a director.

(h) An appointing authority may recall its respective director 30 days after providing written notice to the director of the appointing authority’s intent to recall the director. Following a successful recall, an appointing authority shall make a replacement appointment. Upon failure of the appointing authority to make a replacement appointment within 45 days, the Governor shall appoint a director.

(i) Any director of the board may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama of 2022 and the general laws of the state for impeachment and removal of the officers mentioned in Section 175.
Ala. Code § 45-44-11 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-11
Section 45-44-11 Total Compensation of Certain Local Elected Officials
Status: in_force

The total compensation, including salary and expense allowance, paid to the chair and members of the county commission, the judge of probate, the revenue commissioner, and the sheriff under general law and Act 2001-560 as of October 1, 2004, is hereby ratified and confirmed as the proper compensation for each of these officials, and shall continue as the total compensation, including salary and expense allowance, paid to each official until such time as the requirements of Section 11-2A-4 have been met. Any compensation being paid as expense allowance on March 10, 2006, shall convert to salary beginning at the next term of office.
Ala. Code § 45-20-242.24 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-242.24
Section 45-20-242.24 Addition of Tax to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing within the county in a business subject to the tax levied in Section 45-20-242.22 shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer on account of the sale or admission. It shall be unlawful for any person subject to the tax levied to fail or refuse to add on the sales prices or admission fee and to collect from the purchaser or person paying the admission fee the amount herein required to be so added to the sale or admission 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 § 45-46-90 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-90
Section 45-46-90 Legislative Findings
Status: in_force

(a) The Legislature has found and determined and does hereby declare that in Marengo County and in all municipalities situated in the county the following conditions exist:

(1) That the recent improvement of the state’s inland waterways is and will continue bringing about an ever expanding use of such waterways, and the tremendous growth of commerce on such waterways has created a critical need for industrial expansion and development in general and a particularly critical need for wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, water and rail terminals, and other structures and facilities needful in such commerce and for the convenient use of such waterways.

(2) That the continued economic growth of the county and municipalities and the general health and welfare of the citizens of the county and municipalities will be greatly benefited by the development of docks and other related facilities along the inland waterways in the county.

(3) That it is necessary and desirable and in the best interest of the citizens of the county and municipalities therein that provisions be made for the establishment in the county of public corporations to provide such facilities.

(b) The Legislature does hereby further declare its intention by the passage of this article, to promote and advance the use of the inland waterways and the development of industry and commerce growing out of such use in the county and municipalities to which this article applies by authorizing the establishment of public corporations in the county as the agents of both the county and municipalities therein, vested with the powers and authority to provide the facilities needed or convenient for such development as hereinafter provided.
Ala. Code § 45-40-243.01 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-243.01
Section 45-40-243.01 Budgetary Operations and Functions
Status: reserved

(a) The Revenue Commissioner of Lawrence County may take the necessary action to merge the budgetary operations and functions of his or her office. The expenses of the office shall be financed on a pro rata share basis from the proceeds of any state, county, and municipal ad valorem taxes collected in the county in the same manner as the salary of the revenue commissioner is paid pursuant to Section 40-6A-2. Any funds retained pursuant to this act shall be used solely for the operation of the office of revenue commissioner subject to approval of the budget for the office by the county commission in the same manner as the budget is currently approved.

(b) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating the Revenue Commissioner’s Office in Lawrence County; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are repealed. This section shall not affect the payment of commissions as otherwise provided by law.
Ala. Code § 45-35A-51.19 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51.19
Section 45-35A-51.19 Layoffs
Status: in_force

An appointing authority may lay off employees in the classified service, in accordance with the rules and regulations adopted under this part, whenever he or she deems it expedient because of shortage of work or funds or material changes in duties or organization, and seniority and service ratings of employees shall control in determining the order of layoffs. The appointing authority shall give written notice to the director of every proposed layoff, at least 10 days before the effective date thereof, and the director shall make such orders relating thereto as he or she considers necessary to secure compliance with the established rules and regulations. The name of any regular employee laid off shall be placed on the appropriate reemployment list.
Ala. Code § 45-37-90.02 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-90.02
Section 45-37-90.02 Legislative Findings
Status: in_force

(a) The Legislature has found and determined that in any county having a population of 500,000 or more the following conditions exist:

(1) That there is a great metropolitan area extending over a substantial portion of the territory lying within the boundaries of the county.

(2) That in the county there is a large number of municipalities, with the municipalities being contiguous to each other in many instances.

(3) That it is to the interest of the citizens of the county that there be established at the county seat a civic center.

(4) That such civic center, though located in one municipality, shall be a great cultural asset and constitute a great civic betterment for all people of the county, which shall be to the interest of all of the people of the county.

(5) That it is desirable that there be established to operate, control, and manage the civic center the public corporation created by this part, vested with the powers conferred on the corporation by this part.

(b) The Legislature declares that it is the purpose of this part to facilitate, in the manner hereinafter prescribed, the establishment, maintenance, and operation of a civic center in the county and to provide for the operation and management of such civic center by the public corporation created by this part.
Ala. Code § 45-49-150.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-150.03
Section 45-49-150.03 Bingo Games - Permit Required
Status: in_force

(a) No qualified organization shall be permitted to operate a bingo game unless the sheriff first issues a permit to the organization authorizing it to do so. The permit described in this part is in addition to, and not in lieu of, any other business licenses which may be required by law, and no bingo game shall be operated until such time as all required licenses have been obtained. A copy of each license shall be required and attached to the application. A permit holder may hold only one permit and that permit is valid for only one location. A permit is not assignable or transferable.

(b) Any qualified organization desiring to obtain a permit to operate bingo games in a calendar year shall make application to the sheriff on forms prescribed by the sheriff and shall pay an annual fee of fifty dollars ($50). Renewal applications shall also be filed with the sheriff.

(c) The sheriff shall refuse to grant a bingo permit to any applicant who fails to fully provide the information required by this subsection. Each applicant for a permit shall evidence its prior existence for at least 12 months and provide the following information:

(1) The name, home address, and date of birth of the applicant, and if the applicant is a corporation, association, or other similar legal entity, the name, home address, and date of birth of each of the officers of the organization, as well as the names and addresses and dates of birth of the directors, or other persons similarly situated, of the organization with notarized signatures of each.

(2) If the applicant is a corporation, association, or other such similar legal entity, then only the president, director, or other person similarly situated as head or leader of such organization shall make application for a bingo permit in the name of that organization.

(3) The name and home address and date of birth of the person who will be in charge of operating or promoting the bingo games.

(4) The name, home address, and date of birth of any surety for the applicant, and if the surety is a corporation, association, or other similar legal entity, the name, home address, and date of birth of each of the officers of the organization.

(5) The location at which the applicant will conduct the games of bingo.

(6) The days of the week which the applicant will conduct the games of bingo.

(7) There shall be no convictions for criminal offenses, other than minor traffic offenses, for each of the persons listed in subdivisions (1), (2), (3), and (4).

(8) There shall be a five-year residency history in Mobile County for each person listed in subdivisions (1), (2), (3), and (4).

(d) Bingo permits may be amended upon resubmission of application and surrender of the old permit and payment of a twenty-five dollar ($25) fee.

(e) Bingo permits expire at the end of each 12-month period and must be renewed for each additional 12 months. The sheriff has the discretionary authority to refuse reissuance of any bingo permit for just cause or reason.

(f) No person shall be an applicant for a bingo permit for more than one organization.
Ala. Code § 45-3-80 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-80
Section 45-3-80 Written Plea of Not Guilty; Waiver of Arraignment
Status: in_force

(a) The provisions of this section shall apply only to the 3rd Judicial Circuit of Alabama.

(b) If a defendant in a criminal case pending in a court of competent jurisdiction shall enter a written plea of not guilty at any time prior to the day of his or her arraignment such plea shall constitute a waiver of his or her right to have an arraignment at which he or she is present in person or at which he or she is represented by an attorney.
Ala. Code § 45-49-261.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-261.03
Section 45-49-261.03 Preparation and Maintenance of Master Plan
Status: in_force

In availing itself of the powers conferred by this part, the Mobile County Commission shall appoint the planning commission to make and maintain in an up-to-date manner, a master plan for the physical development of the unincorporated areas within the jurisdiction of the planning commission. The master plan with the accompanying maps, plats, charts, and descriptive material shall show the recommendations of the planning commission for the use and development of the unincorporated areas within the jurisdiction of the planning commission. The planning commission shall make a preliminary report and hold a public hearing thereon. The master plan recommended thereunder shall be presented in a final report to the Mobile County Commission. The Mobile County Commission shall not hold a public hearing and take action until it has received the final report of the planning commission. After a public hearing by the Mobile County Commission, the master plan may be approved or amended by the Mobile County Commission, or remanded to the planning commission for further revision. The planning commission may prepare and the Mobile County Commission may adopt the master plan as a whole or in successive parts. The master plan, whether approved, amended, or adopted in whole or part shall not be effective until adopted by the Mobile County Commission and shall not be adopted without a vote in the affirmative by the county commissioner representing County Commission District 1.
Ala. Code § 45-20-130 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-130
Section 45-20-130 Applicability
Status: in_force

This article shall apply only in Covington County.
Ala. Code § 45-4-60.14 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-60.14
Section 45-4-60.14 Reimbursement for Services
Status: reserved

Repealed Act 2015-321 effective June 3, 2015.
Ala. Code § 45-25-230 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-230
Section 45-25-230 Additional Compensation for Hazardous Duty
Status: in_force

In DeKalb County, each deputy sheriff who is engaged in hazardous duties shall be entitled to receive an additional one hundred fifty dollars ($150) per month compensation to be paid out of funds as their other compensation is paid. As used in this section, the term “hazardous duty” shall mean any deputy sheriff who works in the field and actually makes arrests and shall exclude clerks of the sheriff who work exclusively in the jailor courthouse.
Ala. Code § 45-28A-42.63 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.63
Section 45-28A-42.63 Retirement of Physically or Mentally Disabled Members
Status: in_force

If any member of the police or fire department of a city to which this subpart applies is, on proper application, found by the board of trustees to be physically or mentally permanently disabled so as to render him or her unable to fulfill the duties of his or her particular position, or job, the board of trustees shall order and direct, the payment of the proper amount of money as prescribed in this subpart, after the board of trustees has directed, or approved, the retirement of a physically or mentally disabled member.
Ala. Code § 45-49-90.05 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-90.05
Section 45-49-90.05 Certificate of Incorporation Amendments
Status: in_force

(a) If any corporation formed under this part has accidentally or inadvertently failed to comply with the requirements of this part in its organization, such omission or defect may be corrected by filing an amendment as provided in this section. The certificate of incorporation of any corporation formed under this part may also at any time and from time to time be amended so as to make any changes therein and add any provisions thereto which might have been included in the certificate of incorporation in the first instance.

(b) Any such amendment shall be effected in the following manner: The board of directors of the corporation shall adopt a resolution proposing such amendment to the certificate of incorporation. The chair of the board of directors of the corporation shall file with the governing body of the county and, if applicable, any participating municipality, an application in writing seeking permission to amend the certificate of incorporation, specifying in such application the amendment proposed to be made, which amendment shall be that set forth in the resolution adopted by the board of directors of the corporation. The governing body of the county and, if applicable, the governing body of any participating municipality, shall consider such application and, if by appropriate resolution such governing body duly find and determine that it is wise, expedient, necessary, or advisable that the proposed amendment be made, each shall approve the form of the proposed amendment and shall authorize the amendment to be made, then the chair of the board of directors of the corporation making such application shall execute an instrument embodying the amendment specified in such application and shall file the same with the judge of probate of the county. The proposed amendment shall be subscribed and acknowledged by the chair of the board of directors of the corporation and its secretary before an officer authorized by the laws of Alabama to take acknowledgements to deeds. Such judge of probate shall thereupon examine the proposed amendment and, if he or she finds that the requirements of this section have been complied with and the proposed amendment is within the scope of what might be included in an original certificate of incorporation, he or she shall approve the amendment and record it in an appropriate book in his or her office. The recording of the amendment shall constitute the findings and approval required by the preceding sentence. When such amendment has been so made and filed, it shall thereupon become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment.
Ala. Code § 45-30-245.35 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-245.35
Section 45-30-245.35 Disposition of Funds
Status: in_force

(a) The proceeds from the tax hereby levied, less the actual costs of collection not to exceed 10 per centum, shall be paid by the State Department of Revenue to the Franklin County Commission to be deposited in two separate accounts to the credit of either the Franklin County Water Coordinating and Fire Prevention Authority or the Franklin County Volunteer Fire and Rescue Association as follows:

(1) Sixty percent to the Franklin County Water Coordinating and Fire Prevention Authority.

(2) Forty percent to the Franklin County Volunteer Fire and Rescue Association, to be divided as follows:

a. Twenty-five percent to the Franklin County Firefighters Association.

b. Ten percent to rescue squad associations.

c. Five percent to public licensed ambulance services if such services are authorized and created by such association.

(b) The Franklin County Fire and Rescue Association shall have authority to promulgate rules and regulations having the force and effect of law for the distribution of the funds under subdivision (2) of subsection (a).

(c) Distribution shall be made by the Franklin County Commission to the separate accounts upon written request of the Chair of the respective Franklin County Water Coordinating and Fire Prevention Authority and the Franklin County Volunteer Fire and Rescue Association. The written request shall be submitted to the Franklin County Commission and shall become a permanent part of the minutes of the commission. A copy of the written request shall be retained by the requesting authority or association to be entered in their permanent records.
Ala. Code § 45-9A-40 — Alabama Code / Title 45 / Chapter 9A / Section 45-9A-40
Section 45-9A-40 Proceeds from Sale of Gas Distribution System
Status: reserved

(a) The City of LaFayette has received proceeds from the sale of its gas distribution system, and all one million nine hundred twenty thousand dollars ($1,920,000) of such proceeds shall be used to establish an investment fund named “City of LaFayette Gas System Sale Investment Funds.” This fund may receive money from other sources in addition to that received from the sale of the gas system.

(b) The investment fund shall be invested only in United States securities, or in investments secured by an agency of the United States government and 90 percent of the annual interest therefrom shall be available to be spent or used for any lawful purpose. The remaining 10 percent of such interest together with the principal shall remain in the investment fund unless otherwise approved by a vote of two-thirds of the qualified electors in the City of LaFayette. If approved by such voters, any portion of the aforesaid investment fund (principal and interest) may be used or spent for lawful purposes.

(c) That resolution 95-46, which directs the city to invest $1.2 million of the proceeds be repealed.
Ala. Code § 45-51A-33.02 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.02
Section 45-51A-33.02 Call of Election by Governing Body
Status: in_force

The governing body of the city shall immediately upon receipt of such certificate from the judge of probate, by order, submit the question of the adoption of the mayor-council form of government for such city, under this part, at a special election to be held at a time specified in such proclamation, not less than 40 days and not more than 60 days after the receipt of the certificate from the judge of probate, unless a general or regular election is to be held within 90 days after receipt of such certificate, in which event the special election herein provided for shall be held at the same time as such general or regular election. Should the election not be called by orders of the governing body of the city within 10 days after receipt of such certificate, the judge of probate shall call such election by order at a time specified therein but not less than 40 days and not more than 60 days after the receipt by the governing body of the certificate of the judge of probate.
Ala. Code § 45-48-230.02 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-230.02
Section 45-48-230.02 Annual Salary
Status: in_force

(a) Effective the next term of office, the annual salary of the Sheriff of Marshall County shall be ninety thousand dollars ($90,000), which shall be paid in the same manner and at the same time as other county employees.

(b) The salary provided for by this section shall be in lieu of any other compensation provided by law.

(c) Any cost-of-living raises, merit raises, or any other compensation granted to the sheriff by the county prior to August 1, 2019, are hereby ratified and confirmed, and shall continue to be paid until the end of the current term of office.
Ala. Code § 45-37-41.09 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-41.09
Section 45-37-41.09 Provisions Cumulative; Fees or Charges
Status: in_force

The provisions of this part are cumulative to all other grants of authority of the Jefferson County Board of Health and the Jefferson County Department of Health, whether by local or general law. Any fees or charges levied or charged under the provisions or as a result of this part shall not exceed fifty dollars ($50) per year.
Ala. Code § 45-57-150.14 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150.14
Section 45-57-150.14 Convictions and Misdemeanors
Status: in_force

Any person who violates this article shall be guilty of a Class C misdemeanor upon first conviction under this article. Any subsequent conviction shall be a Class A misdemeanor. Any person who is convicted under this section shall be punished as provided by law.
Ala. Code § 45-18-80.20 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-80.20
Section 45-18-80.20 Court Reporters
Status: in_force

(a) Notwithstanding any provisions of Section 36-27-6 the Official Court Reporter of the Thirty-fifth Judicial Circuit, composed of the counties of Conecuh and Monroe, may participate in any retirement system now in effect, or which may be established in the future.

(b) The reporter’s participation in such systems shall be limited to that portion of the reporter’s salary which has been paid since November 1, 1965, or which may be paid in the future by the county or counties.

(c) This section shall be retroactive to November 1, 1986, in Monroe County and retroactive to November 1, 1965, in Conecuh County.

(d) The court reporter shall pay for both the employee’s and employer’s portion of retirement contributions that are due for time served before May 4, 1988.
Ala. Code § 45-35A-52.21 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-52.21
Section 45-35A-52.21 Eminent Domain
Status: in_force

The authority is hereby granted the power of eminent domain and may exercise such power for the purpose of obtaining real property or any interest therein for any project it undertakes in the manner provided by law for the exercise of the power of eminent domain by municipalities.
Ala. Code § 45-57A-63.162 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.162
Section 45-57A-63.162 Reapportionment
Status: in_force

Whenever there shall be a change in population in any of the three districts heretofore established, evidenced by a federal census of population published following the last federal census of population preceding March 4, 1977, or by virtue of a change in the corporation limits, there shall be a reapportionment of the council districts in the manner hereinafter provided:

(1) The manager shall within six months after the publication of each federal census of population for the city, following the last federal census of population preceding March 4, 1977, or if within six months after there shall have been any change in the corporate limits of the city, file with the council a report containing a recommended plan for reapportionment of the council district boundaries to comply with the following specifications:

a. Each district shall be formed of contiguous and to the extent reasonably possible, compact territory, and its boundary lines shall be the center lines of streets or other well defined boundaries.

b. Each district shall contain as nearly as is possible the same popula tion.

(2) The council shall enact a redistricting ordinance within six months after receiving the report. If the council fails to enact the redistricting ordinance within the six months, the redistricting plan submitted by the manager shall become effective without enactment by the council, as if it were a duly enacted ordinance.

(3) The redistricting ordinance shall not apply to any primary or regular or special election held within six months after its becoming effected. No incumbent council member or member of the board or commission shall be deprived of his or her expired term of office because of redistricting.
Ala. Code § 45-49-150.04 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-150.04
Section 45-49-150.04 Bingo Games - Application for Permit
Status: in_force

(a) A qualified person or organization which does not hold a bingo permit pursuant to Section 45-49-150.03, may apply for a special permit for conducting a bingo session at a designated location for a special occasion. Such an applicant shall submit to the sheriff a written application prepared in accordance with and on a form prescribed by rule of the sheriff. The application shall include the information required by subsection (c) of Section 45-49-150.03, except that the applicant shall indicate the date or dates on which the applicant will conduct the bingo session for the special occasion.

(b) Upon determination by the sheriff that the applicant is a qualified organization and is not ineligible pursuant to Section 45-49-150.03 and upon the applicant paying the required fee under this subsection, the sheriff may issue a special permit. The special permit fee shall be twenty-five dollars ($25) per day.

(c) Up to six special permits for one day each, not to exceed five hours each day, may be issued per qualified organization per 12-month period. Such days may be consecutive.

(d) Special bingo permits are not transferable or assignable.
Ala. Code § 45-8A-111.12 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-111.12
Section 45-8A-111.12 Notice of Bond Resolution
Status: in_force

(a) Upon the adoption by the board of the authority of any resolution providing for the issuance of bonds, such authority may, in its discretion, cause to be published once a week for two consecutive weeks, in a newspaper published or having a general circulation in the city, a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chairman or secretary of such authority: “The Oxford Downtown Development Authority, a public corporation under the laws of the State of Alabama, on the ___ day of __________, authorized the issuance of $ ______ principal amount of bonds of the public corporation for purposes authorized in the act of the Legislature of Alabama under which the public corporation was organized. Any action or proceeding questioning the validity of the bonds, or the pledge and the mortgage and deed of trust or trust indenture to secure the same, or the proceedings authorizing the same, must be commenced within 30 days after the first publication of this notice.” A newspaper shall be deemed to be published in the city, within the meaning of this section, if its principal editorial office is located in the city.

(b) Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in the notice or to contest the validity of any such bonds, or the validity of any pledge and mortgage and deed of trust or trust indenture made therefor, must be commenced within 30 days after the first publication of such notice. After the expiration of the period no right of action or defense questioning or attacking the validity of the proceedings or of the bonds or the pledge or mortgage and deed of trust or trust indenture shall be asserted, nor shall the validity of the proceedings, bonds, pledge, mortgage, and deed of trust or trust indenture be open to question in any court on any ground whatsoever except in an action commenced within such period.
Ala. Code § 45-8-82 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-82
Section 45-8-82 Investigators
Status: in_force

(a) The District Attorney of Calhoun County may appoint an investigator to conduct investigations of alleged violations of law in the circuit. Such investigator shall be entitled to a salary on the same scale as deputy sheriffs of that county receive. The salary shall be paid from the General Fund of Calhoun County as other county employees are paid, and the necessary expenses incurred in investigation. He or she shall be furnished an automobile by the county for which he or she is employed and such county shall pay the expenses thereof.

(b) The investigator shall have the same authority and powers vested in deputy sheriffs and all other law enforcement officers of the State of Alabama. He or she shall be responsible to the district attorney and shall perform all duties assigned him or her by such official.
Ala. Code § 45-17-90.51 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-90.51
Section 45-17-90.51 Special Fund
Status: in_force

Unless otherwise directly deposited with a paying agent or trustee as permitted in Section 45-17-90.52, the proceeds of the taxes imposed under authority of this subpart shall be paid into a special fund in the county treasury for use as provided in Section 45-17-90.52.
Ala. Code § 45-39-251 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-251
Section 45-39-251 Transfer of Water from Tennessee River Basin
Status: in_force

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

(b) The Legislature of the State of Alabama finds the following:

(1) It is in the best interest of the State of Alabama and the people of Lauderdale County to protect the Tennessee River and its watershed to promote the beneficial purposes of maintaining a clean drinking water supply, hydroelectric power generation, navigation, industry, agriculture, environmental quality, and recreation.

(2) The Tennessee River has been identified by the people of Alabama and the nation as a unique resource lying in seven states and by Congress through the establishment of a special authority known as the Tennessee Valley Authority (TVA) for the promotion of the best interests of the Tennessee Valley.

(3) That it is in the best interest of the people of the State of Alabama and Lauderdale County to protect and preserve the Tennessee River as set forth in this part in the absence of statewide legislation and that this part shall remain in effect until statewide legislation addressing interbasin transfers of water becomes effective.

(c) This part shall be known as the Lauderdale County Tennessee River Preservation Act.

(d) For the purposes of this part, the term Tennessee River Basin means the entire topographic extent of the watershed of the Tennessee River and all of its tributaries.

(e)(1) In Lauderdale County, no water may be withdrawn from the Tennessee River Basin for transfer to any other river basin outside of the Tennessee River Basin in an amount greater than the amount being withdrawn on June 6, 2007.

(2) For the purpose of this part, the amount of the existing transfer of water from the Tennessee River is 150 percent the average daily amount calculated for the highest continuous 90-day period from January 1, 2000, until June 6, 2007.
Ala. Code § 45-49-181.02 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-181.02
Section 45-49-181.02 Chair of Petitioners; Petition Requirements
Status: in_force

A chair shall be designated on this petition to represent the petitioners and to act on their behalf. A map of legible size indicating the location of the named road shall be presented with the petition. The petition should clearly state the name to be assigned to the road. The petition shall certify to the intent of the adjacent property owners to offer jointly, at no cost to the county, a minimum of 60-foot width of right-of-way, along an alignment that complies with accepted design criteria and does not compromise the safety of the traveling public, together with any required drainage easements as determined by the county engineer to adequately maintain the road. The petition shall certify that the adjacent property owners will jointly and severally indemnify the county against liability for roadway defects for a period not to exceed five years after acceptance of the road or roads by the county. The petition shall certify that the petitioners, at their expense, shall provide funds for the purchase of the necessary driveway culvert pipe for installation by the county as a prerequisite to acceptance and maintenance. The petition shall certify that the petitioners, at their expense, shall pay for the relocation of any utilities and any fences required to accommodate the necessary roadway improvements and associated drainage improvements.
Ala. Code § 45-50-245.66 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-245.66
Section 45-50-245.66 Monroe County Highway Repair and Maintenance Fund
Status: in_force

There is created the Monroe County Highway Repair and Maintenance Fund within the county treasury for the deposit of tax proceeds collected under this subpart as provided in Section 45-50-245.67. The county commission shall administer the fund.
Ala. Code § 45-54-230.01 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-230.01
Section 45-54-230.01 Service of Process Fee — Civil or Criminal Actions
Status: in_force

(a) In Pickens County, in addition to all other fees or court costs levied, a service of process fee of one hundred fifty dollars ($150) shall be collected for service or attempted service of any papers or documents requiring personal service of process by the sheriff or any deputy sheriff arising out of any civil or criminal action instituted outside of this state.

(b) All funds generated by this section shall be paid into the General Fund of Pickens County designated for law enforcement purposes.
Ala. Code § 45-3A-30.01 — Alabama Code / Title 45 / Chapter 3A / Section 45-3A-30.01
Section 45-3A-30.01 Exemptions and Application of Tax
Status: in_force

(a) Each of the following charges are exempted from the provisions of the tax levied by this part and from the computation of the amount of the tax levied or payable: Charges for property sold or services furnished which are required to be included in the tax levied by the state sales tax act; and charges for the rental of rooms, lodgings, or accommodations to a person for a period of 30 continuous days or more pursuant to the exemption provision of Alabama’s Transient Occupancy Tax, Section 40-26-1. A subsequent amendment or change to the Alabama Transient Occupancy Tax shall also have the effect of similarly changing the exemption provision of this part.

(b) Notwithstanding the provisions of this section, the tax shall not apply to the rental of living accommodations which are intended primarily for rental to persons as their principal or permanent place of residence.
Ala. Code § 45-29-110 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-110
Section 45-29-110 Compensation
Status: in_force

(a) The County Commission of Fayette County shall provide such additional amount of daily compensation as is necessary to grant each election clerk, inspector, and returning officer of elections a total compensation of twenty-five dollars ($25), and shall increase the mileage allowance of the returning officer to fifteen cents ($.15) a mile in going to the courthouse and returning to the place of holding the election. Such compensation and mileage shall be paid out of any funds in the county treasury available for such purposes.

(b)(1) In Fayette County, all inspectors, assistant inspectors, and technical assistants appointed to conduct elections at the various polling places are hereby entitled to an additional per diem allowance in such amount as will, together with any amount paid by the state, make a total paid to such officials thirty-five dollars ($35) for each day they work at the polls. Such officials, when acting as returning officers, shall also be entitled to such mileage allowance as may be prescribed by law.

(2) In Fayette County, all clerks appointed to conduct elections at the various polling places are hereby entitled to an additional per diem allowance in such amount as will, together with any amount paid by the state, make a total paid to such officials twenty-eight dollars ($28) for each day they work at the polls.

(3) If the amount paid to such officials as compensation or expense allowance by the state increases in the future, then the amount paid by the county under this subsection shall automatically decrease in a like amount.

(4) The expense allowances provided for in this subsection shall be paid from the general fund of the county.

(c) In addition to the compensation provided in subsections (a) and (b), the county commission shall provide to each poll worker who works at a polling place in the county, together with any amount paid by the state pursuant to general law, an amount of compensation to make the total compensation of each poll worker a minimum of one hundred dollars ($100) for each day the poll worker works at the polls during an election.
Ala. Code § 45-2-243.58 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-243.58
Section 45-2-243.58 Time and Manner of Payment of Assessments
Status: in_force

The costs and expenses of materials used in the repair, maintenance, and improvement of the public improvements which is assessed by the county commission against property pursuant to this subpart shall be paid to the county tax collector at the same time that county ad valorem taxes are paid, and shall be by such collector paid into the county treasury at the same time and in the same manner that he or she remits other county taxes to Baldwin County.
Ala. Code § 45-38-240.03 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-240.03
Section 45-38-240.03 Duties of County Revenue Commissioner
Status: in_force

The county revenue commissioner shall perform all acts, duties, and functions required by law to be performed either by the tax assessor or by the tax collector of the county relative to the assessment of property for taxation, the collection of taxes, the keeping of records, and the making of reports concerning the assessment and collection of taxes.
Ala. Code § 45-10-170.45 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-170.45
Section 45-10-170.45 Causes of Action
Status: in_force

Nothing in this subpart shall be construed as creating a cause of action against the county or any of its officials or employees based upon any actions taken pursuant to this subpart or upon the failure to take any actions pursuant to this subpart.
Ala. Code § 45-11-240 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-240
Section 45-11-240 Compensation of Tax Assessor and Tax Collector
Status: in_force

(a)(1) The following officers of Chilton County shall, commencing at their next term of office, be entitled to receive compensation as follows:

a. The tax assessor, an annual salary of twenty-two thousand dollars ($22,000).

b. The tax collector, an annual salary of twenty-two thousand dollars ($22,000).

(2) Such salaries shall be paid in lieu of all other compensation heretofore provided by law, and shall be paid in equal monthly installments out of the general fund in the county treasury.

(b) The Tax Collector of Chilton County is hereby entitled to receive an additional expense allowance in the amount of two hundred dollars ($200) per month. The expense allowance shall be in addition to any and all other compensation and expenses heretofore provided by law and shall be payable out of the county general fund in the same manner as other expense allowances are paid.
Ala. Code § 45-20-242.25 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-242.25
Section 45-20-242.25 Collection of Tax; Enforcement
Status: in_force

The tax authorized to be imposed by this subpart shall constitute a debt due the 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 the enforcement of liens for license taxes due to 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 the 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 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 the county.
Ala. Code § 45-16-130.09 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-130.09
Section 45-16-130.09 Requisition for Materials, Supplies, Etc.; Authority and Accountability of County Purchasing Agent
Status: in_force

The county engineer shall make written requisition to the county purchasing agent for all materials, machinery, equipment, and necessary supplies needed for the construction, maintenance, or repair of the public roads, bridges, and ferries of Coffee County. Such requisitions shall be filed and presented by the chairman to the commission at its next meeting, for the approval of the commission. Provided, however, that the county purchasing agent shall have full power and authority to make purchases without first obtaining the approval of the Coffee County Commission if the delay caused by the hereinabove procedure, might, in his or her judgment, cause an unnecessary and harmful interruption in the operation of the county road system, providing the purchases are made in accordance with prevailing law. The county purchasing agent shall be solely responsible and accountable for purchasing the materials, machinery, equipment, and supplies under the approved requisitions, and shall report monthly to the Coffee County Commission.
Ala. Code § 45-3-84.114 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-84.114
Section 45-3-84.114 Existing Laws and Statutes Continued in Effect
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 judgement, 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 § 45-57A-62.01 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-62.01
Section 45-57A-62.01 Definitions
Status: in_force

(a) As used in this part, unless the context requires a different meaning, the following terms shall have the following meanings:

(1) BOARD. The board of trustees of the fund.

(2) CITY. The municipality of Phenix City.

(3) FIREFIGHTER. Any regular full-time member of the fire department of the city.

(4) FUND. The Fireman’s and Policeman’s Pension and Relief Fund created by this part.

(5) PERSON. Includes association, corporation, firm, or partnership.

(6) POLICEMAN. Any regular full-time member of the police department of the city.

(b) The singular number includes the plural, and the plural the singular. The masculine gender includes the feminine and the neuter.
Ala. Code § 45-2-242.20 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-242.20
Section 45-2-242.20 Levy of Tax; Disposition of Funds
Status: in_force

Pursuant to Amendment No. 319 to the Constitution of Alabama of 1901, the Baldwin County Commission may levy, in addition to any other tax, an ad valorem tax in the amount of one mill on each dollar of taxable property in the county, beginning with the tax year commencing October 1, 1993. Monies realized from this tax will be used to meet minimum requirements, standards, and guidelines of each library’s respective governing bodies and to encourage resource and information sharing through a mutual library network including public, school and college libraries, and to provide for expanding technology in order to improve access to information. Funds shall be distributed as follows:

(1) Ten percent to Faulkner State Community College.

(2) Thirty percent to the Baldwin County Board of Education to be distributed to each school library, based on enrollment and shall be in addition to and not in lieu of other funds.

(3) Thirty percent to be divided among the municipalities having a municipal library or hereafter establishing a municipal library based on the population of each municipality having a municipal library according to the most recent federal census.

(4) Thirty percent to the Baldwin County Library System. Each agency shall be accountable through recognized auditing procedures to the public through the county commission.
Ala. Code § 45-14-70.01 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-70.01
Section 45-14-70.01 Relief from Repayment of Certain Obligations After September 30, 1987
Status: in_force

(a) Any law to the contrary notwithstanding, the Clay County Commission is relieved from any obligation to transfer funds from the General Fund and Road and Bridge Fund of the county to the county special revenue funds in order to repay the special revenue funds as a result of transfers to the General Fund and Road and Bridge Fund on or after September 30, 1987, until May 16, 2008.

(b) Any law to the contrary notwithstanding, any transfer of funds from special revenue funds to the General Fund and Road and Bridge Fund of the county after September 30, 1987, to the extent that special revenue funds have not been reimbursed prior to May 16, 2008, are ratified and confirmed.

(c) The provisions of subsection (b) shall be retroactive to the date of the transfer of any special revenue funds to the county General Fund and Road and Bridge Fund.
Ala. Code § 45-28-232 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-232
Section 45-28-232 Fees; Sheriff’s Law Enforcement Fund; Disposition of Funds
Status: in_force

(a)(1) In Etowah County the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75, shall be ten dollars ($10), which shall be collected by the sheriff.

(2) Any and all monies collected under subdivision (1) shall be deposited by the Sheriff of Etowah County in any bank located in Etowah County selected by the sheriff, into a fund known as the Sheriff’s Law Enforcement Fund.

(3) The Sheriff’s Law Enforcement Fund as provided in subdivision (2) shall be drawn upon by the Sheriff of Etowah County or his or her appointed agent and shall be exclusively for law enforcement purposes in the public’s interest and in the discharge of the sheriff’s office as the sheriff sees fit.

(4) 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 his or her office.

(b)(1) In Etowah County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75, shall be increased by ten dollars ($10) in addition to any fee provided by subsection (a).

(2) Any and all monies collected under subdivision (1) shall be deposited by the Sheriff of Etowah County in any bank located in Etowah County, selected by the sheriff, into a fund known as the Sheriff’s Law Enforcement Fund and shall be used to fund the sheriff’s school resource officer program or if that program is discontinued, school safety by the sheriff’s office.

(3) The additional pistol permit fee provided in this section and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of his or her office.

(c)(1) In Etowah County, there is currently being paid by the Etowah County Commission to the Sheriff’s Law Enforcement Fund created by subsection (a), a portion of certain monies received by the Etowah County Commission from United States Immigration and Customs Enforcement.

(2) Any and all monies paid to the Sheriff’s Law Enforcement Fund from sources identified in subdivision (1) shall continue to be paid to the fund and used in a manner consistent with the uses provided for by subsection (a).
Ala. Code § 45-48-142.27 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-142.27
Section 45-48-142.27 Election Procedures
Status: in_force

(a) The provision of the election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing returns at a general election shall apply to the elections for fire district funding.

(b) When a petition for the holding of an election is filed with the judge of probate not less than 30 days and not more than 90 days prior to some other election to be held in the territory in which the election is sought by the petition, the judge of probate shall order the election sought by the petition to be held the same day as the other election held. The county governing body shall pay for the necessary expenses of advertising and conducting the election out of the general funds of the county.

(c) If the petition is not filed at a time that will permit the election sought thereby to be held at the same time some other election is held, as herein provided, the judge of probate shall order the election sought by petition to be held on a day not less than 30 days nor more than 90 days from the date on which the judge of probate enters the order with the costs of the election assumed by the fire district requesting the special election.

(d) The judge of probate shall give notice of any election held under Section 45-48-142.23 by publishing for three weeks, at least once a week, on the same day of each week, in a newspaper of general circulation in the territory where the election is to be held, a notice that on the day fixed for the election, the location of the election, and the questions to be voted on shall be submitted to the electors of the territory.
Ala. Code § 45-34-231.01 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-231.01
Section 45-34-231.01 Work Release Fund
Status: in_force

The Sheriff of Henry County, in his or her discretion, may use funds accruing to the Sheriff’s Work Release Fund for law enforcement purposes in Henry County as the sheriff sees fit.
Ala. Code § 45-28A-42.24 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.24
Section 45-28A-42.24 Penalties
Status: in_force

The violation of any of the provisions of this subpart by any person or persons is hereby declared to be a commission by such person or persons of a misdemeanor; and, unless otherwise provided herein, any person who commits such misdemeanor shall, on conviction, be fined not more than five hundred dollars ($500), and may also be imprisoned in the county jail or sentenced to hard labor for the county wherein such misdemeanor is committed for not more than six months at the discretion of the court.
Ala. Code § 45-8A-22.111 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.111
Section 45-8A-22.111 Participant Eligibility for Benefits
Status: in_force

A participant’s service with the City of Anniston as a sworn police officer or a sworn firefighter is used to determine the participant’s eligibility for a benefit from the plan and the amount of benefits that the participant may be entitled to receive. Unless provided otherwise, service shall be based on a continuous period beginning on the first day of employment as a sworn police officer or a sworn firefighter and ending on the participant’s date of retirement, or if earlier, his or her date of termination of employment or date of death. No service is credited for any partial years of service. If the participant’s employment with the City of Anniston as a sworn police officer or a sworn firefighter terminates prior to becoming eligible for retirement, he or she will lose any service credited under the plan.
Ala. Code § 45-52-161.02 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-161.02
Section 45-52-161.02 Payments Based on the Three Percent Increase
Status: in_force

(a) The three percent increase shall be allocated, applied, and paid as follows:

(1) Forty-five percent to the Morgan County Legislative Delegation Fund provided for in Section 45-52-190.

(2) Nine percent to the Morgan County Rescue Squad.

(3) Ten percent to the Decatur-Morgan County Entrepreneurial Center.

(4) The remainder shall be distributed pursuant to subsection (c).

(b) The 75 percent TVA payment paid pursuant to Section 40-28-2 shall be distributed as follows:

(1) Twenty percent to the participating boards of education in amounts bearing the same proportion of the total amount as the Foundation Program allocates to the participating boards of education.

(2) Twenty percent to the participating boards of education in amounts bearing the same proportion of the total amount as the population served by each participating board of education bears to the total population of the county, as determined by the most recent federal decennial census.

(3) The remainder shall be distributed pursuant to subsection (c).

(c) The remainder of the three percent increase designated in subdivision (a)(4) and the remainder of the 75 percent payment designated in subdivision (b)(3) shall be combined and the combined amount shall be distributed as follows:

(1) Up to one million five hundred thousand dollars ($1,500,000) to, or at the direction of, the district during the current bond year in an aggregate amount equal to the annual debt service for the bond year, as from time to time specified by notice, in writing, to the commission by the district. The commission shall make payments pursuant to this subdivision as required to comply with the terms of the obligations and the proceedings and documents under which the obligations are issued. This subdivision shall be void on December 31, 2042.

(2) The remainder of any TVA payment after the allocation provided in subdivision (1), up to two hundred thousand dollars ($200,000), to the Morgan County Economic Development Fund in an amount that will set the total monies in the fund at one million dollars ($1,000,000).

(3) The remainder of any TVA payment after the allocations provided in subdivisions (1) and (2) shall be distributed among the participating local governments, with each participating local government other than the county receiving an amount bearing the same proportion as the population of the participating local government bears to the total population of the county according to the most recent federal decennial census. The remainder shall be distributed to the county general fund.
Ala. Code § 45-45A-42 — Alabama Code / Title 45 / Chapter 45A / Section 45-45A-42
Section 45-45A-42 Historic Preservation Districts
Status: in_force

The City of Madison in Madison County is hereby granted full power and authority to provide for and establish, by written ordinance, historic preservation districts within the municipality.
Ala. Code § 45-49-43.14 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-43.14
Section 45-49-43.14 Exemptions
Status: in_force

Anyone who has operated a jewelry store or business with a jewelry license for three years prior to May 7, 1981, is hereby exempt from the application of this part.
Ala. Code § 45-8A-111.18 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-111.18
Section 45-8A-111.18 Earnings of the Authority
Status: in_force

The authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the city.
Ala. Code § 45-3-244.35 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-244.35
Section 45-3-244.35 Construction and Application of Subpart
Status: in_force

This subpart shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of the county which are actually resold or reshipped.
Ala. Code § 45-20-71.18 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.18
Section 45-20-71.18 Majority Vote
Status: in_force

All business shall be valid if passed and approved by majority vote of the board quorum prescribed in this part.
Ala. Code § 45-38-240.04 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-240.04
Section 45-38-240.04 Personnel
Status: in_force

Subject to the approval of the county commission, the county revenue commissioner shall appoint and fix the duties of a sufficient number of deputies, clerks, and assistants to perform properly the duties of his or her office. The acts of deputies shall have the same force and legal effect as if performed by the county revenue commissioner. The compensation for any deputies, clerks, and assistants shall be fixed by the county personnel board and shall be paid out of the general fund of the county in the same manner as the salaries of other county employees are paid.
Ala. Code § 45-23-243 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-243
Section 45-23-243 Lodging Tax Levied
Status: in_force

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

(b) In addition to all other taxes of every kind now imposed by law, the Dale County Commission may levy a privilege or license tax upon every person, firm, or corporation engaging in the business of renting or furnishing any room or rooms, lodging, or accommodations to a transient in any hotel, motel, inn, tourist camp, tourist cabin, 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 four percent of the charge for the rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in the room. There is exempted from the tax authorized to be levied under this section any rentals or services taxed under Article 1, Chapter 23, Title 40. Any room, rooms, lodging, or accommodations does not include recreational vehicles or campgrounds.

(c) The tax authorized to be levied by this section shall be collected in the same manner and, except as otherwise provided in this section, subject to the same exemptions as the state lodging tax as provided in Chapter 26, Title 40. The net proceeds from the tax shall be distributed to the Dale County Commission, to be kept in a separate fund or account to be used at the discretion of the Dale County Commission only for funding specific economic or tourism development projects or to provide a program of incentives for economic or tourism development.
Ala. Code § 45-49-235.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-235.06
Section 45-49-235.06 Legislative Intent
Status: in_force

It is the intent of the Legislature that the provisions of this part pertaining to pretrial release shall be a guide to judicial officers in Mobile County, to insure that no person be needlessly detained in the county jail because of his or her personal economic circumstances so long as his or her release shall not be contrary to the public interest and also shall serve the purpose of assuring the defendant’s presence at the trial.
Ala. Code § 45-51A-31.26 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-31.26
Section 45-51A-31.26 Office Headquarters
Status: in_force

The office headquarters of the authority shall be located within the county.
Ala. Code § 45-30-232 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-232
Section 45-30-232 Fee; Disposition of Funds
Status: in_force

In Franklin County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75, shall be twelve dollars fifty cents ($12.50), which shall be collected by the sheriff of such county and deposited in the county treasury. The county shall retain five dollars ($5) for the county general fund and seven dollars fifty cents ($7.50) shall be retained for the operation of the sheriff’s department to be expended as the sheriff may see fit.
Ala. Code § 45-2-244.181 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.181
Section 45-2-244.181 Levy of Tax
Status: in_force

There is levied, in addition to all privilege license taxes of every kind now or hereinafter imposed by law, which shall be collected as herein provided, a privilege or license tax on each person engaging or continuing within the county in the business of leasing or renting tangible personal property, and such tax shall be in the amounts to be determined by the application of the rates against gross proceeds as follows:

At a rate up to four percent set by a resolution of the county commission of the gross proceeds derived by the lessor or renter from the lease or rental of tangible personal property, provided the privilege or license tax on each person engaging or continuing within this county in the business of leasing or renting any automotive vehicle or truck trailer, semi-trailer, or manufactured home shall be at the rate up to one and three-fourths percent of the gross proceeds derived by the lessor from the lease or rental of such automotive vehicle or truck trailer, semi-trailer, or manufactured home; provided further, that the tax levied hereby shall not apply to any leasing or rental, as lessor, by the state, or any municipality or county in the state or United States of America or any agency or unit thereof.
Ala. Code § 45-41-40.01 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-40.01
Section 45-41-40.01 Operation of Child Care or Day Care Centers
Status: in_force

No child care or day care center, nor child care institution or institution for child care, in Lee County, shall be allowed to operate on a 24 hour basis unless the Department of Human Resources shall first approve of such operation.
Ala. Code § 45-49-235.12 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-235.12
Section 45-49-235.12 Forfeiture of Cash or Security
Status: in_force

All forfeitures of cash or other security deposited with the clerk of any court, and all deposits otherwise retained pursuant to this part shall be paid over to the Mobile County Pretrial Release and Jail Diversion Fund hereby created, to be used to implement this part.
Ala. Code § 45-52A-35 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-35
Section 45-52A-35 Municipal Utilities Board - Creation
Status: in_force

There is created and established the Municipal Utilities Board of Decatur, Morgan County, Alabama, to be composed of three members.
Ala. Code § 45-30-82.21 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-82.21
Section 45-30-82.21 Definitions
Status: in_force

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

(1) GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal property as well as real property.

(2) IMPROVED RECORDING SYSTEM. A system of recording, archiving, and retrieving real property, personal property instruments, and probate court documents under the jurisdiction of the judge of probate, and in the discretion of the judge of probate, or recording, archiving, and retrieving other instruments and documents, which system when completed, shall consist of equipment necessary and suitable to record, archive, and retrieve records.

(3) PERSONAL PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter titled for record in the probate office, in accordance with the applicable requirements of the law of this state, including, and particularly Sections 35-4-50 and 35-4-90.

(4) REAL PROPERTY INSTRUMENT. 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, but without limitation to, Section 12-12-43, 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.
Ala. Code § 45-40-234 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-234
Section 45-40-234 Fees, Disposition of Funds
Status: in_force

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

(b) Any and all monies collected pursuant to subsection (a) shall be deposited by the Sheriff of Lawrence County in any bank located in Lawrence County selected by the sheriff, into a fund known as the sheriff’s law enforcement fund and shall be audited by the Department Examiners of Public Accounts.

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

(d) The establishment of the sheriff’s law enforcement fund as provided in this section and the use of such fund shall in no way diminish or take the place of any other imbursement or other resource of income established for the sheriff or the operation of his or her office.
Ala. Code § 45-17-80.03 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-80.03
Section 45-17-80.03 Solicitor’s Fee
Status: reserved

Repealed by Act 2011-320, p. 594, §1, effective September 1, 2011.
Ala. Code § 45-51A-33.126 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.126
Section 45-51A-33.126 Availability of Budgets for Inspection; Publication of Budget Message
Status: in_force

The mayor shall cause the budget message to be printed, mimeographed, or otherwise reproduced for general distribution at the time of its submission to the council, and sufficient copies of the proposed general fund, public utility, and capital budgets to be made, to supply copies to each member of the council and each daily newspaper of general circulation published in the city, and two copies to be deposited in the office of the city clerk where they shall be open to public inspection during regular business hours.
Ala. Code § 45-28A-41 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-41
Section 45-28A-41 Board of Education - Compensation
Status: in_force

Each member of the Gadsden City Board of Education shall receive an expense allowance in the amount of three hundred dollars ($300) per month. This expense allowance shall be in addition to any other compensation provided by law.
Ala. Code § 45-3-82.42 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-82.42
Section 45-3-82.42 Applicants for Admittance
Status: in_force

(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit or district court of the Third Judicial Circuit may apply to the District Attorney of the Third Judicial Circuit for admittance to the pretrial diversion program.

(b) A person charged with any of the following offenses may apply for the program:

(1) A traffic offense, other than driving under the influence (DUI) or a traffic offense charged to a commercial driver’s license holder, whether or not the holder was operating a commercial motor vehicle at the time of the offense.

(2) A property offense.

(3) An offense wherein the victim did not receive serious physical injury.

(4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer.

(5) A misdemeanor other than one specifically excluded in this section.

(6) A violation classified under the Code of Alabama 1975.

(c) The following offenses are ineligible for consideration for the pretrial diversion program:

(1) Trafficking in or distribution of drugs, or both.

(2) Any offense involving the abuse of a child or an elderly person.

(3) Any sex offense.

(4) Any Class A felony.

(5) Any offense involving serious injury to a person.

(6) Any offense involving death.

(7) Driving under the influence or a traffic offense charged to a commercial driver’s license holder, whether or not the holder was operating a commercial motor vehicle at the time of the offense.

(d) A person deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the pretrial diversion program.

(e) The opinion of law enforcement officers involved in the offense may be sought and used in the decision whether to approve the applicant for the pretrial diversion program.
Ala. Code § 45-30-82.24 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-82.24
Section 45-30-82.24 Relation to Other Laws
Status: in_force

All 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 exemption, 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.