Ala. Code § 36-29-4 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-4
Section 36-29-4 Establishment and Provisions of Health Insurance Plan; Rules and Regulations
Status: in_force

The board is hereby empowered and authorized to establish a fully insured or self-insured health insurance plan for employees and retirees of the State of Alabama and to adopt and promulgate rules and regulations for the administration of such plan, subject to such limitations as may be contained in this chapter. Such plan may provide for group hospitalization, surgical, and medical insurance against the financial costs of hospitalization, surgical, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, and medical expenses indemnity benefits, including major medical benefits or such other coverage or benefits as may be deemed appropriate and desirable by the board.
Ala. Code § 36-12-1 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-1
Section 36-12-1 Public Officer or Servant Defined
Status: in_force

A public officer or servant, as used in this article, is intended to and shall include, in addition to the ordinary public offices, departments, commissions, bureaus and boards of the state and the public officers and servants of counties and municipalities, all persons whatsoever occupying positions in state institutions.
Ala. Code § 36-27-59 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-59
Section 36-27-59 Award of Hazardous Duty Time; Purchase of Credit Under Employees’ or Teachers’ Retirement System
Status: in_force

(a) When used in this section, the following terms have the following meanings, unless the context clearly indicates otherwise:

(1) CORRECTIONAL OFFICER. A full-time correctional officer who is certified as a correctional officer by the Alabama Peace Officers’ Standards and Training Commission. For the purposes of this section, the term also includes the Commissioner of Corrections, as defined in Section 14-1-1.3, and a deputy commissioner of corrections, as defined in Section 14-1-1.5, who has earned and maintains Alabama Peace Officers’ Standards and Training Commission certification as a correctional officer or law enforcement officer.

(2) EMERGENCY MEDICAL SERVICES PERSONNEL. Full-time emergency medical services personnel employed by a local unit of the Employees’ Retirement System under Section 36-27-6, who are certified as emergency medical services personnel by the State Board of Health.

(3) FIREFIGHTER. A full-time firefighter employed with the State of Alabama, a municipal fire department, or a fire district who has a level one minimum standard certification by the Firefighters Personnel Standards and Education Commission, or a firefighter employed by the Alabama Forestry Commission who has been certified by the State Forester as having met the wild land firefighter training standard of the National Wildfire Coordinating Group.

(4) LAW ENFORCEMENT OFFICER. A full-time law enforcement officer, not covered as a state policeman, employed with any state agency, department, board, commission, or institution or a full-time law enforcement officer employed by a local unit of the Employees’ Retirement System of Alabama under Section 36-27-6 who is certified as a law enforcement officer by the Alabama Peace Officers’ Standards and Training Commission.

(b)(1) Any firefighter, law enforcement officer, correctional officer, or emergency medical services personnel covered under the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama as a Tier I plan member, upon attainment of the requisite years of creditable service or who otherwise qualifies for service or disability retirement, shall be awarded one year of hazardous duty time for every five years of service as a firefighter, a law enforcement officer, a correctional officer, or emergency medical services personnel provided that the individual has made the additional contribution provided in subdivision (2) or (3) or paid the additional contribution required in subsection (c) for each year of service used in determining hazardous duty time for the individual. Proportional credit shall be awarded for any period of service less than five years.

(2) Effective January 1, 2001, and each pay period thereafter, each active employee who is a firefighter, law enforcement officer, or correctional officer, as defined in subsection (a), shall contribute to the Teachers’ or Employees’ Retirement System of Alabama six percent of his or her earnable compensation. For all pay dates beginning on or after October 1, 2011, each active employee who is a firefighter, law enforcement officer, or correctional officer, as defined in subsection (a), except those employees participating pursuant to Section 36-27-6, shall contribute to the Teachers’ or Employees’ Retirement System of Alabama eight and one-quarter percent of his or her earnable compensation. For all pay dates beginning on or after October 1, 2012, each active employee who is a Tier I plan member and who is a firefighter, law enforcement officer, or correctional officer, as defined in subsection (a), except those employees participating pursuant to Section 36-27-6, shall contribute to the Teachers’ or Employees’ Retirement System of Alabama eight and one-half percent of his or her earnable compensation. Any employer participating under Section 36-27-6, by adoption of a resolution, may elect for the increases in employee contributions provided by Act 2011-676 to be withheld from the earnable compensation of employees of the employer.

(3) For all pay dates beginning on or after October 1, 2024, all active employees who are considered emergency medical services personnel employed by an employer participating under Section 36-27-6 shall contribute the following:

a. Six percent of their earnable compensation to the Employees’ Retirement System of Alabama if their employer has not elected to increase employee contributions as provided by Act 2011-676.

b. Eight and one-half percent of their earnable compensation to the Employees’ Retirement System of Alabama if their employer has elected to increase employee contributions as provided by Act 2011-676.

(c) Any member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama eligible under subsection (b) may receive credit for his or her eligible prior service provided the member pays to the Secretary-Treasurer of the Employees’ Retirement System of Alabama or the Secretary-Treasurer of the Teachers’ Retirement System of Alabama one percent of his or her current annual earnable compensation or previous year’s annual earnable compensation, whichever is higher, for each year of claimed credit. The member may purchase his or her claimed credit in increments of five years, unless the total service credit is less than five years, in which case the service shall be purchased in its entirety. The member shall provide certification from each employing agency, on forms prescribed by the Teachers’ or Employees’ Retirement System of Alabama, of each year of claimed service, as a prerequisite to payment under this section.

(d) This section shall not apply to any Tier II plan member.

(e) The designation of the Commissioner of Corrections and a deputy commissioner of corrections as correctional officers or law enforcement officers for purposes of this section shall be applied retroactively to March 1, 2022.
Ala. Code § 36-21-181 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-181
Section 36-21-181 Board of Commissioners of the Alabama Firefighters Annuity and Benefit Fund - Creation; Composition
Status: in_force

(a) There is created a board to be known as the Board of Commissioners of the Alabama Firefighters Annuity and Benefit Fund. The board shall be composed of the following members:

(1) A consumer member appointed by the Governor for an initial term of two years.

(2) A volunteer firefighter appointed by the Alabama Association of Volunteer Fire Departments for an initial term of two years.

(3) A volunteer firefighter appointed by the Alabama Firefighters Association for an initial term of four years.

(4) A paid firefighter appointed by the Professional Firefighters Association of Alabama for an initial term of four years.

(5) A paid firefighter appointed by the Alabama Association of Fire Chiefs for an initial term of four years.

(b) Thereafter, each member of the board shall serve for a period of four years. Any member of the board shall be eligible to succeed himself or herself. The term of each person appointed or elected to the board shall begin on the date of appointment or election, and any person so appointed or elected whose successor has not been appointed or elected shall continue to serve until the appointment or election of a successor. Any member of the board who shall cease to be a member during his or her incumbency shall be replaced as a member of the board by the appointing authority for the remainder of the unexpired term.
Ala. Code § 36-29-18 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-18
Section 36-29-18 Generic Equivalent Medications
Status: in_force

As a condition of participation in an insurance policy of the State Employees Insurance Board (SEIB) a pharmacist shall dispense a generic equivalent medication to fill a prescription for a patient covered by SEIB when one is available unless the physician indicates in longhand writing on the prescription “medically Necessary” or “dispense as written” or “do not substitute”. The generic equivalent drug product dispensed shall be pharmaceutically and therapeutically equivalent and contain the same active ingredient, or ingredients, and shall be of the same dosage, form, and strength.
Ala. Code § 36-27-21.2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-21.2
Section 36-27-21.2 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees — 1980 Cost-of-Living Increase
Status: reserved

(a) There is hereby provided, commencing October 1, 1980, to any person retired prior to October 1, 1979, under the Teachers’ Retirement System or Employees’ Retirement System of Alabama and who is receiving a retirement allowance therefrom, a cost-of-living increase in his maximum retirement allowance as follows:

(1) If such person retired prior to October 1, 1963, a 15 percent increase in his maximum retirement allowance; provided, that he shall receive an increase of not less than $30.00, nor more than $60.00 per month; and provided further that, if such person retired under the provisions of Section 36-27-7 and/or Section 36-27-7.1, he shall receive an increase of not less than $15.00, nor more than $40.00, per month.

(2) If such person retired on or after October 1, 1963, but prior to October 1, 1973, a 10 percent increase in his maximum retirement allowance; provided, that he shall receive an increase of not less than $20.00, nor more than $40.00, per month; and provided further that, if such person retired under the provisions of Section 36-27-7 and/or Section 36-27-7.1, he shall receive an increase of not less than $10.00, nor more than $20.00, per month.

(3) If such person retired on or after October 1, 1973, but prior to October 1, 1979, a 5 percent increase in his maximum retirement allowance; provided, that he shall receive an increase of not less than $10.00, nor more than $30.00, per month; and provided further that, if such person retired under the provisions of Section 36-27-7 and/or Section 36-27-7.1, he shall receive an increase of not less than $5.00, nor more than $15.00, per month.

(b) Any person retired under the Judicial Retirement Fund of Alabama as provided for in Chapter 18 of Title 12 shall not be deemed a retiree of the Teachers’ or Employees’ Retirement System of Alabama for purposes of this section and shall not be entitled to receive the cost-of-living increase provided.

(c)(1) There is hereby allocated and expended from existing funds of the Teachers’ Retirement System, or from such funds as are appropriated to the Teachers’ Retirement System for the fiscal year 1980-81, such amounts as are necessary and available to carry out the provisions of this section, as they relate to the Teachers’ Retirement System of Alabama, for the fiscal year beginning October 1, 1980.

(2) There is hereby allocated and expended from existing funds of the Employees’ Retirement System of Alabama, or from such funds as are appropriated to the Employees’ Retirement System for the fiscal year 1980-81, such amounts as are necessary and available to carry out the provisions of this section, as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System, for the fiscal year beginning October 1, 1980, and for each fiscal year thereafter.

(3)a. There is hereby allocated and expended from existing funds of the state Employees’ Retirement System, or from such funds as are appropriated to the Employees’ Retirement System for the fiscal year 1980-81, such amounts as are necessary and available to carry out the provisions of this section, as they relate to the Employees’ Retirement System of Alabama, for the fiscal year beginning October 1, 1980.

b. The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in subsection (a) of this section in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the cost of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(4) Subsequent expenditures from the Teachers’ and Employees’ Retirement Systems shall be reduced to only the amount necessary to fund the benefit increases herein provided in subsection (a) of this section.

(5) No person whose retirement under the Teachers’ or Employees’ Retirement System is based primarily upon service as an employee of an employer participating under Section 36-27-6 shall be entitled to the benefits provided in subsection (a) of this section, unless such employer elects to come under the provisions of said subsection. Any employer making such election, except local boards of education and state institutions of higher education for which funding is provided above herein, must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under the provisions of this section at the beginning of any future fiscal year and said employer shall not be required to pay said cost-of-living increase retroactively.

(d) Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided in subsection (a) of this section shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided in subsection (a) of this section, shall not be entitled to receive said increase subsequent to the date the member files application for benefits under the Medicaid program.

(e) It is the intent of the Legislature that the graduated cost-of-living increase granted to certain retired persons under the provisions of this section be financed, if possible, from existing funds of the Employees’ Retirement System and the Teachers’ Retirement System under the following provisions and conditions:

(1)a. If any actuary firm employed by the Board of Control of the Employees’ Retirement System and/or the Teachers’ Retirement System finds that the authorized cost-of-living increase can be paid for the fiscal year 1980-81 from existing funds of the systems without having serious adverse impact actuarially on the retirement system, the Boards of Control of the retirement systems are hereby authorized and instructed to pay such cost-of-living increase beginning October 1, 1980. It is the intent of this legislation as pertains to future like funding, that such funding shall be made in accordance with Section 16-25-28, as pertains to actuarial soundness.

b. Further provided, if the actuarial report is not received by October 1, 1980, but meets the above condition when it is received during fiscal year 1980-81, then the cost-of-living increase shall be paid retroactively to October 1, 1980.

(2) If the conditions in subdivision (1) of this subsection are not met, the cost-of-living increase shall be paid beginning October 1, 1981, and the cost of this benefit shall be included in the amount certified by the Board of Control to be contributed by the state under the provisions of Sections 16-25-21 or 36-27-24 or any other applicable provision of law.

The provisions of this subsection shall govern and override any seeming or actual conflicts with other provisions of this section.

(f) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to retired members of the Teachers’ and Employees’ Retirement Systems of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 36-20-73.1 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-73.1
Section 36-20-73.1 Attestations; Remote Notarization. (Amended by Act 2026-536)
Status: in_force

AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Except as otherwise provided in this section, any signature acknowledged by a notary public shall be executed within this state and shall be executed in the physical presence of the notary public at the time of the acknowledgment, only after the notary public has positively identified the prospective signatory via personal knowledge of the prospective signatory or the examination of photo identification issued by a governmental entity or agency.

(b) For the purposes of this section, the following terms shall have the following meanings:

(1) ORIGINAL SIGNATURE. A signature signed directly onto a document in wet ink by an individual who is named on the document.

(2) SIGNATORY. The individual who is named on the document and is to sign the document.

(c) Unless otherwise provided by law, the powers and functions of a notary public require his or her original signature.

(d) For purposes of this article, and subject to subsections (e) to (g), inclusive, an individual may personally appear before an acknowledging notary by either of the following:

(1) Physically appearing before the notary as provided in subsection (a).

(2) Appearing through the use of two-way audio-video communication technology that allows a notary public and a remotely located signatory to communicate with each other simultaneously by sight and sound, provided that the notary public is physically located in this state and the two-way audio-video communication is recorded and maintained for a period of seven years by the notary public.

(e) If appearing through the use of two-way audio-video communication, the identity of the signatory shall be verified by the notary public using either of the following methods:

(1) The personal knowledge of the notary public of the identity of the signatory.

(2)a. The presentation of two valid forms of government issued identification, one of which shall include the face and signature of the signatory; and

b. A process by which the notary public verifies the identity of the signatory through a review of public or private data sources.

(f) The two-way audio-video communication recording shall contain all of the following:

(1) The date and time of the remote notarial act.

(2) A description of the documents to which the remote notarial act relates.

(3) An attestation by the notary public of being physically located in this state.

(4) A description of how the identification of the signatory was verified.

(5) A clear image of any government issued identification, if applicable.

(6) A clear image of the act of signing observed by the notary public.

(g) The official date and time of the notarization is the date and time the notary public witnessed the signature, including the date and time the signature was witnessed via two-way audio-video communication technology. All documents used during the two-way audio-video communication, shall be provided to the notary public for his or her authentication and original signature.

(h) Any action taken before July 1, 2021, allowing for the remote notarization of signatures under the Emergency Management Act of 1955, Article 1 of Chapter 9 of Title 31, is ratified and confirmed.

(i) Remote notarization may not be used to notarize an absentee ballot application or an absentee ballot affidavit, or for any purpose related to voting.
Ala. Code § 36-25-13 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-13
Section 36-25-13 Actions of Former Public Officials or Public Employees Prohibited for Two Years After Departure
Status: in_force

(a) No public official shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, department, or legislative body, of which he or she is a former member for a period of two years after he or she leaves such membership. For the purposes of this subsection, such prohibition shall not include a former member of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.

(b) Notwithstanding the provisions of subsection (a), no public official elected to a term of office shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer, before the board, agency, commission, department, or legislative body of which he or she is a former member for a period of two years following the term of office for which he or she was elected, irrespective of whether the member left the office prior to the expiration of the term to which he or she was elected. For the purposes of this subsection, such prohibition shall not include a former member of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.

(c) No public employee shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, or department, of which he or she is a former employee or worked pursuant to an arrangement such as a consulting agreement, agency transfer, loan, or similar agreement for a period of two years after he or she leaves such employment or working arrangement. For the purposes of this subsection, such prohibition shall not include a former employee of the Alabama judiciary who as an attorney represents a client in a legal, non-lobbying capacity.

(d) Except as specifically set out in this section, no public official, director, assistant director, department or division chief, purchasing or procurement agent having the authority to make purchases, or any person who participates in the negotiation or approval of contracts, grants, or awards or any person who negotiates or approves contracts, grants, or awards shall enter into, solicit, or negotiate a contract, grant, or award with the governmental agency of which the person was a member or employee for a period of two years after he or she leaves the membership or employment of such governmental agency. Notwithstanding the prohibition in this subsection a person serving full-time as the director or a department or division chief who has retired from a governmental agency may enter into a contract with the governmental agency of which the person was an employee for the specific purpose of providing assistance to the governmental agency during the transitional period following retirement, but only if all of the following conditions are met:

(1) The contract does not extend for more than three months following the date of retirement.

(2) The retiree is at all times in compliance with Section 36-27-8.2.

(3) The compensation paid to the retiree through the contract, when combined with the monthly retirement compensation paid to the retiree, does not exceed the gross monthly compensation paid to the retiree on the date of retirement.

(4) The contract is submitted to and approved by the Director of the Ethics Commission as satisfying the above conditions prior to the date the retiree begins work under the contract.

(e) Notwithstanding subsection (d), a municipality may rehire a retired law enforcement officer or a retired firefighter formerly employed by the municipality at any time to provide public safety services if all of the following conditions are satisfied:

(1) A local law is enacted authorizing the rehire of retired law enforcement officers or firefighters formerly employed by the municipality.

(2) The municipality rehiring a retiree provides a copy of the local law referenced in subdivision (1) to the Director of the Ethics Commission.

(3) Upon a determination to rehire a retired law enforcement officer or firefighter, the municipality immediately provides notice to the Director of the Ethics Commission that the former employee is being rehired.

(f) No public official or public employee who personally participates in the direct regulation, audit, or investigation of a private business, corporation, partnership, or individual shall within two years of his or her departure from such employment solicit or accept employment with such private business, corporation, partnership, or individual.

(g) No former public official or public employee of the state may, within two years after termination of office or employment, act as attorney for any person other than himself or herself or the state, or aid, counsel, advise, consult or assist in representing any other person, in connection with any judicial proceeding or other matter in which the state is a party or has a direct and substantial interest and in which the former public official or public employee participated personally and substantially as a public official or employee or which was within or under the public official or public employee’s official responsibility as an official or employee. This prohibition shall extend to all judicial proceedings or other matters in which the state is a party or has a direct and substantial interest, whether arising during or subsequent to the public official or public employee’s term of office or employment.

(h) Nothing in this chapter shall be deemed to limit the right of a public official or public employee to publicly or privately express his or her support for or to encourage others to support and contribute to any candidate, political committee as defined in Section 17-22A-2 [sic], referendum, ballot question, issue, or constitutional amendment.
Ala. Code § 36-29-13 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-13
Section 36-29-13 Appropriations to Board; Recognition of Medicaid Premiums Paid by Retiree
Status: in_force

(a) There is hereby provided from the funds of the State Employees’ Health Insurance Plan $1,592,605.00 (estimated) for the fiscal year beginning October 1, 1985. The State Employees’ Insurance Board is hereby authorized to expend $22.35 per month per eligible retired employee towards coverage for said retired employee for the fiscal year beginning October 1, 1985.

(b) It is the intent of the Legislature that subsequent appropriations to the State Employees’ Insurance Board pursuant to this section shall be included in the appropriations made for active employees from employer funds pursuant to subsection (d) of Section 36-29-7 beginning with the fiscal year 1986-87 and each year thereafter and shall be increased to fully fund the employer’s portion of the benefits provided for in Section 36-29-10.

(c) The board shall recognize any Medicare premium paid by a retiree in determining any increases in retiree contributions in existing and newly imposed premiums proscribed on state employees and retirees.
Ala. Code § 36-5-14 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-14
Section 36-5-14 Liability of Sureties on Bonds Conditionally Executed
Status: in_force

A surety on an official bond or on a bond intended as an official bond cannot avoid liability thereon on the ground that he signed or delivered it on condition that it should not be delivered to the proper officer or should not become perfect unless it was executed by some other person who does not execute it.

The provisions of this section shall apply to bonds of state, county, municipal and public corporate officers; to bonds of executors, administrators, guardians, receivers, assignees, and other trustees, and to all bonds and undertakings executed in the commencement or progress of any suit or judicial proceeding, civil or criminal.
Ala. Code § 36-21-190 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-190
Section 36-21-190 Disability Benefits
Status: in_force

(a) Any member who becomes totally or permanently disabled as a result of a heart attack or any injury received in the line of duty as a firefighter, not as a result of his or her misconduct, and who makes proper application to the board on a form supplied by the board and submits evidence satisfactory to the board of such total or permanent disability and the circumstances giving rise to its occurrence, shall be entitled to be paid benefits. The board may require that any applicant for benefits under this section be examined by one or more physicians on behalf of the board and at its expense. Failure of any such applicant to subject himself or herself to such examination shall be sufficient grounds for the board to deny payment of benefits under this section. Any benefit paid under this section shall be paid for a period of not longer than 24 calendar months as follows:

(1) Seventy-two dollars ($72) per calendar month if his or her qualified service is not more than 35 months.

(2) One hundred eight dollars ($108) per calendar month if his or her qualified service is at least 36 months and not more than 47 months.

(3) One hundred forty-four dollars ($144) per calendar month if his or her qualified service is at least 48 months and not more than 59 months.

(4) One hundred eighty dollars ($180) per calendar month if his or her qualified service is 60 months or more.

(b) Any member disabled as defined in this section for a period of more than 24 calendar months shall be eligible for retirement benefits under this article if he or she meets the requirements of Section 36-21-189.

(c) The account of any member not meeting the requirements of Section 36-21-189, who does not return to work after having drawn disability benefits for 24 consecutive months, shall be placed in an inactive status, not to exceed 36 months, with no further benefits or privileges. If the member returns to fire fighting as a firefighter within the 36 months and pays the dues required, all of his or her creditable service shall be restored prior to the date of disability. If the member does not return to fire fighting within the 36 months, his or her account shall be closed with no further rights or benefits.

(d) Any member whose account is so closed who later applies for membership in the fund shall lose credit for all prior qualified service up to the time his or her account is closed and, upon approval of a new application, shall become a new member in the fund.
Ala. Code § 36-6-8 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-8
Section 36-6-8 Salaries of Constitutional Officers, Persons Not Covered by Merit System and Persons Whose Salary Not Set by Governor
Status: in_force

The salary or compensation of elected constitutional officers and other state officers and employees or persons whose state salary or compensation, or portion thereof, is not established pursuant to the Merit System or pursuant to Section 36-6-6 shall continue at the same rate or in the same amount as that established pursuant to law prior to the effective date of this code until changed by statute. It is the intent of the Legislature that the adoption of this code shall not repeal or amend any statute relating to the salary or compensation of any state officer or employee or any person receiving a portion of his salary or compensation from the state, whether such statute fixes the amount of salary or compensation in a specific amount or by a minimum or maximum amount, provides for additional compensation for the performance of specified services or duties or provides for increases in ranges or percentages; nor in any way change the amount or rate of compensation of any such officer, employee or person, notwithstanding the fact that the salary or compensation of such officer, employee or person is not set out in this code; nor in any way repeal or amend any salary or compensation established by the state Judicial Compensation Commission, or the authority of such commission to set salaries or compensation.
Ala. Code § 36-21-123 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-123
Section 36-21-123 Powers Generally
Status: in_force

Any police officer appointed by a tribe pursuant to Section 36-21-122 shall be charged with all the powers of state police officers including, but not limited to, the right to bear firearms. The police officers of a tribe may do any of the following:

(1) Eject trespassers from the buildings and grounds of the reservation.

(2) Without a warrant, arrest a person who is engaging in disorderly conduct, trespassing upon the property of the reservation, or committing any public offense in the presence of the police officer on the reservation property, carry the person before the proper court, and, upon proper affidavit, charge the person with committing the offense. The person so arrested may be tried and convicted as in cases of persons brought before a court on the warrant of the court.

(3) Arrest any person pursuant to a warrant who is on the premises of the reservation and is charged with any public offense and take the person before the proper office.
Ala. Code § 36-21-47 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-47
Section 36-21-47 Peace Officers’ Standards and Training Fund
Status: in_force

There is hereby established and created in the Treasury of the state the Alabama Peace Officers’ Standards and Training Fund. The commission may accept grants from the federal government and its departments and agencies as well as grants and appropriations by the state, any county, municipality or any individual, corporation or fund. All grants and appropriations to the state for work within the functions and duties of the commission and all grants and appropriations to the commission shall be paid into the fund.
Ala. Code § 36-27-8.2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-8.2
Section 36-27-8.2 Performance of Duties by Retired Persons; Service in Elected Public Office. (Amended by Act 2026-286)
Status: in_force

AMENDED BY ACT 2026-286, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Any individual who is retired under the Employees’ Retirement System may perform duties in any capacity, including as an independent contractor, with any employer participating in the Employees’ Retirement System or the Teachers’ Retirement System without suspension of his or her retirement allowance provided that: (i) the individual is not employed in a permanent full-time capacity; and (ii) the individual’s compensation from the employer in calendar year 2016 does not exceed thirty thousand dollars ($30,000). Beginning in calendar year 2017, and each calendar year thereafter, the annual earning limit shall be increased by the same percentage increase as the increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics. Any increase in the annual earning limit shall be rounded to the next lowest multiple of one thousand dollars ($1,000) with any amount in excess of the one thousand dollar ($1,000) multiple considered in determining the increase for the following year. Each adjustment shall be based on the increase in the index for the preceding 12-month period ending on September 30 and the increase shall be effective for the following calendar year.

(b) Any individual serving as an elected official who has retired from the Employees’ Retirement System may serve for his or her full compensation in an elected public office with the state, a county, or an incorporated municipality without suspension of retirement benefits; provided, that under no circumstances shall such an individual participate in or accrue additional benefits under the Teachers’ Retirement System or the Employees’ Retirement System for that service, and provided that under no circumstances shall an individual whose retirement is based upon service as an elected official continue in or return to the office and receive both pension benefits and salary. Any provision of this subsection to the contrary notwithstanding, a retiree serving as a local elected superintendent of education shall not receive both pension benefits and salary unless his or her compensation as a local elected superintendent of education does not exceed the annual earning limits provided in subsection (a).

(c) The responsibility for compliance with this section is placed upon the employing authority, and each retiree performing duties under this section shall certify to the employer any information required in order to carry out this section. The retiree shall provide written notice of the postretirement employment under this section to the Employees’ Retirement System and employing authority within 30 days after the date the retiree knows or should know that he or she will be performing duties on a full-time or permanent basis or will earn an amount in excess of the annual earning limit under this section.

(d)(1) Any individual who is retired under the Employees’ Retirement System or the Teachers’ Retirement System, has the applicable Alabama Peace Officers’ Standards and Training certification, and was classified as either a law enforcement officer, as defined in Section 36-27-59, or a state policeman, as defined in Section 36-27-1, prior to retirement, may perform duties as a school resource officer, as defined in Section 16-1-44.1, a correctional officer with the Department of Corrections, or a police officer at any state college or university pursuant to Section 16-22-1 without suspension of his or her retirement allowance, provided that the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year.

(2) Any individual who is retired under the Employees’ Retirement System, has the applicable Alabama Peace Officers’ Standards and Training certification, and meets any of the following criteria may perform duties as a correctional officer with the Department of Corrections without suspension of his or her retirement allowance, provided that the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year:

a. Was classified as a law enforcement officer, as defined in Section 36-27-59, prior to retirement.

b. Was classified as a state policeman, as defined in Section 36-27-1, prior to retirement.

c. Was classified as a correctional officer, as defined in Section 36-27-59, prior to retirement, and retired pursuant to Section 36-27-16(a)(1)c.

(3) Any individual who is retired under the Employees’ Retirement System, who has both the applicable Alabama Firefighters’ Personnel Standards and Education Commission certification and the applicable State Board of Health certification as a firefighter and an emergency medical services personnel, as defined in Section 36-27-59, prior to retirement, may perform duties as a firemedic without suspension of his or her retirement allowance provided that the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year, commensurate with the work actually performed.

(4) This subsection shall have retroactive application to January 1, 2023, and no individual may be employed pursuant to this subsection after December 31, 2030.
Ala. Code § 36-27E-6 — Alabama Code / Title 36 / Chapter 27E / Section 36-27E-6
Section 36-27E-6 Powers of Board of Control; Expenses
Status: in_force

(a) The board of control, through the trustees, shall have all powers necessary for the management and control of the trust fund and to carry out and effectuate the purposes of this chapter including, but not limited to, the following:

(1) To adopt, alter, and repeal rules for the operation and conduct of the affairs and business of the trust fund.

(2) To make, enter into, and execute contracts, agreements, and other instruments and to take other actions as necessary for the management and operation of the trust fund, to accomplish any purpose for which the trust fund was created, or to exercise any power granted by this chapter.

(3) To enter into contracts with, to accept aid and grants from, to cooperate with, and to do any and all things necessary to avail the trust fund of the aid and cooperation of the United States, the state, or any agency, instrumentality, or political subdivision of either, in furtherance of the purposes of this chapter.

(4) To appoint, employ, and contract with employees, agents, advisors, and consultants including, but not limited to, attorneys, accountants, actuaries, financial experts, and other advisors, consultants, and agents as determined necessary by the trustees and to establish any compensation to be paid from the funds of the trust fund.

(5) To invest the funds of the trust fund in any permitted investment.

(b) The expenses of making and disposing of investments, including brokerage commissions, legal expenses referable to a particular transaction, transfer taxes, and other customary transactional expenses with respect to a trust shall be payable out of the funds of the trust fund.
Ala. Code § 36-12-23 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-23
Section 36-12-23 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Imprisonment of Person Charged with Withholding Papers, Property, Etc., Upon Failure to Make Affidavit, Etc
Status: in_force

If the person complained against does not make such affidavit and it appears that any such books, papers or property are withheld, the officer before whom the proceedings are had shall, by warrant, commit the person so withholding to the jail of the county, there to remain until he delivers such books, papers or property or is otherwise discharged by law.
Ala. Code § 36-27-55.4 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-55.4
Section 36-27-55.4 Purchase of Credit for Prior Service with International Motorsports Hall of Fame
Status: in_force

(a) An active and contributing member of the Employees’ Retirement System who is currently employed with the International Motorsports Hall of Fame may purchase credit in the system for prior service rendered with the International Motorsports Hall of Fame and compensated by the International Speedway Corporation between January 1, 1982, and December 31, 1983. Notwithstanding, no member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan with the exception of the federal Social Security program.

(b) A member eligible to purchase prior service credit in the Employees’ Retirement System under subsection (a) may elect to purchase the credit prior to October 1, 2002, by paying the Secretary-Treasurer of the Employees’ Retirement System a lump sum equal to the full actuarially determined cost for each year of service purchased as determined by the system’s actuary.
Ala. Code § 36-27-208 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-208
Section 36-27-208 Members and Beneficiaries of Employees’ Retirement System
Status: in_force

Commencing October 1, 2006, there is provided an increase in benefits to certain persons identified in this section who are currently receiving benefits whose effective date of retirement was prior to October 1, 2005, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 2005, for purposes of receiving benefits from the Employees’ Retirement System shall receive the cost-of-living increase of two percent in their gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in their gross monthly benefit. The increase shall not be less than twenty-five dollars ($25) per month. The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state-supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.
Ala. Code § 36-9-6 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-6
Section 36-9-6 Notice of Death of Member of Congress or of State Legislature, Governor, Etc
Status: in_force

On the death of any senator or representative from this state to the Congress of the United States or of any member of the Legislature, the judge of probate of the county in which such officer at the time of his death resided shall give notice thereof to the Governor. In case of the death of the Governor, such judge of probate shall give notice to the Lieutenant Governor. In case of the death of any other officer, such judge of probate shall give notice to the officer who fills the vacancy.
Ala. Code § 36-30-41 — Alabama Code / Title 36 / Chapter 30 / Section 36-30-41
Section 36-30-41 Applicability; Compensation for Qualified Firefighters; Burden of Proof. (Amended by Act 2026-353)
Status: in_force

THIS ACT WAS AMENDED BY ACT 2026-353, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.

(a) This article shall apply to firefighters who, upon entering the service of the state as firefighters, have successfully passed a physical examination which failed to reveal any evidence of a firefighter’s occupational disease and who have completed at least three years’ service as firefighters. If a physical examination was not required at the time of entry into service, a firefighter who completes an exam by January 1, 2013, shall be deemed eligible for benefits under this section.

(b) If a firefighter who qualifies for benefits under Chapter 29A, or any other law, suffers disability as a result of a firefighter’s occupational disease, his or her disability shall be compensable the same as any service-connected disability under any law which provides benefits for firefighters of the state injured in the line of duty. If a firefighter who qualifies for benefits under this section dies as the result of a firefighter’s occupational disease, his or her death shall be compensable to the same extent as the death of a firefighter killed in the line of duty, and the firefighter shall be considered to have been killed in the line of duty for purposes of Sections 36-30-1 to 36-30-7, inclusive.

(c) In the case of an occupational disease as defined in this article, the state must prove by a preponderance of the evidence that the condition was caused by some means other than the occupation to disqualify the firefighter from benefits.
Ala. Code § 36-26-41 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-41
Section 36-26-41 Failure of Witnesses to Appear and Testify, Etc., at Investigations or Hearings; Fees of Witnesses; Requirement of Appearance, Etc., of Witnesses, Etc., Before Board; Giving of False Testimony Under Oath
Status: in_force

Any person who shall be served with a subpoena, issued in the course of an investigation or hearing conducted under any provision of this article, to appear and testify or to produce books and papers who shall, without good cause, disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance and travel shall be the same as fees of witnesses before the courts of record and shall be paid from the appropriation for the expenses of the board. Any judge of a court of record, either in term time or vacation, upon application of a member of the board or the director, shall compel the attendance of witnesses, the production of books and papers and the giving of testimony before the board or an agent thereof by attachment or contempt or otherwise in the same manner as the production of evidence shall be compelled before said court. Any person who, having taken an oath or made affirmation in the course of any investigation or hearing under the provisions of this article, shall willfully and knowingly testify or declare falsely shall be guilty of perjury and, upon conviction, shall be punished accordingly. The director or the board shall require the attendance of employees who are needed as witnesses without subpoena.
Ala. Code § 36-21-45 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-45
Section 36-21-45 Functions and Duties Generally
Status: in_force

The commission shall have the following functions and duties together with all powers necessary or convenient for the performance thereof:

(1) To study, obtain data, statistics, and information, and to make reports concerning the recruitment, selection, and training of law enforcement officers in the state and to make improvements in methods of recruitment, selection, and training of law enforcement officers.

(2) To review from time to time the standards described in Section 36-21-46 for applicants for and appointees as law enforcement officers.

(3) To consider, hold public hearings on, adopt and promulgate standards relating to the physical, mental, and moral fitness of any applicant for or appointee as a law enforcement officer as do not lower the standards in Section 36-21-46 or as otherwise permitted by Section 36-21-46.

(4) To study, consider, and make reports from time to time concerning the work and the curriculum and courses offered by law enforcement training schools in the state and to make recommendations for improving the schools, curriculum, and courses.

(5) To encourage the establishment of law enforcement training schools and courses on law enforcement in existing institutions of learning.

(6) To gather statistics and data relative to standards and training and make the same available to governmental entities upon request.

(7) To revoke its approval or certification of any person appointed or certified pursuant to this article for failure to meet the continuing training or education requirements set forth in the rules of the commission or for failure to meet the requirements of Section 36-21-46.

(8) To make investigation to determine whether the requirements of this article and the rules, regulations, and standards of the commission issued pursuant to this article are being observed and followed.

(9) To enforce this article and the rules, regulations, and standards issued by the commission with appropriate civil and criminal actions by the Attorney General, district attorneys, or other appropriate officials.

(10) To enter into cooperative agreements with federal, state, and local law enforcement agencies for effective training.

(11) To obtain the services and advice of experts in the field of law enforcement for the purpose of aiding the commission in its studies, consideration, reports, and recommendations, and in the adoption of standards, rules, and regulations.
Ala. Code § 36-21-160 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-160
Section 36-21-160 Termination for Loss of Work During Emergency Response Prohibited
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) EMERGENCY. Going to, attending to, or coming from any of the following:

a. A fire call.

b. A hazardous or toxic materials spill and cleanup.

c. Any other situation to which a volunteer fire department has been dispatched.

d. An actual medical emergency to prevent the imminent loss of life.

(2) EMPLOYER. Any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to any employee.

(3) VOLUNTEER EMERGENCY WORKER. An individual who does not receive monetary compensation for his or her service as a volunteer firefighter, emergency medical technician, rescue squad member, volunteer deputy, or a ham radio operator conducting storm spotter operations for an emergency management association.

(b) No employer may terminate an employee who is a member of a volunteer fire department and who, in the line of emergency duty as a volunteer firefighter, responds to an emergency call prior to the time the employee is due to report to work and which emergency results in a loss of time from employment. Any time lost from employment as provided in this section may be charged against the regular compensation of the employee. Prior to missing work, the employee shall attempt to contact his or her employer to notify the employer that the employee has been dispatched to an emergency. At the request of the employer, an employee losing time as provided herein shall supply the employer with a statement from the chief of the volunteer fire department stating that the employee responded to an emergency call and the time thereof.

(c) No employer may terminate an employee who is a member of an emergency medical service and who, in the line of emergency duty as an emergency medical service member, responds to an emergency call prior to the time the employee is due to report to work and which emergency results in a loss of time from employment. Any time lost from employment as provided in this section may be charged against the regular compensation of the employee. At the request of the employer, an employee losing time as provided herein shall supply the employer with a statement from the fire department or emergency medical services stating that the employee responded to an emergency call and the time thereof.

(d) Any employer who willfully and knowingly violates this section shall be required to reinstate the employee to the employee’s former position and shall be required to pay such employee all lost wages and benefits for the period between termination and reinstatement.

(e) Any action to enforce this section shall be commenced within a period of one year after the date of violation and such action shall be commenced in the circuit court of the county in which the place of employment is located.

(f) Nothing in this section shall prohibit an employer from terminating an employee covered in this section for lawful reasons other than responding to an emergency call that results in loss of time from employment.
Ala. Code § 36-1-13 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-13
Section 36-1-13 Alabama Second Amendment Protection Act
Status: in_force

(a) This section shall be known and may be cited as the Alabama Second Amendment Protection Act.

(b) Notwithstanding any provision of law to the contrary, an official, officer, employee, or agent of the state or political subdivision thereof, when acting in an official capacity, may not enforce or administer any executive order issued by the President of the United States which limits or restricts the ownership, use, or possession of firearms, ammunition, or firearm accessories by law-abiding residents of the state. An official, officer, employee, or agent of the state or political subdivision thereof, when acting in an official capacity, shall not be ordered, directed, or compelled to execute or administer the executive order.

(c) No state or local public funds may be expended for the enforcement of any executive order issued by the President of the United States which limits or restricts the ownership, use, or possession of firearms, ammunition, or firearm accessories by law-abiding residents of the state, as described in subsection (b).

(d) The Attorney General may issue guidance to state and local officials to ensure uniform compliance with this section.
Ala. Code § 36-27-132 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-132
Section 36-27-132 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
Status: in_force

Commencing October 1, 1996, each person whose employer participates in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1996, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, and certain beneficiaries of deceased members and deceased retirees currently receiving survivor benefits, if the effective date of retirement or death for the deceased retiree or deceased member was prior to October 1, 1996, for purposes of receiving benefits from the Employees’ Retirement System, shall receive a cost-of-living increase of not less than twelve dollars and fifty cents ($12.50) per month and the increase shall be more if determined as follows:

(1) Two percent of the current gross benefit paid to the retiree and to certain beneficiaries of deceased members and deceased retirees.

(2) Fifty cents ($.50) per month for each year of service attained by the retiree for each retiree selecting the maximum retirement allowance or Option one.

(3) Fifty cents ($.50) per month for each year of service attained by the retiree reduced by the retiree’s option election factor for each retiree selecting Options two, three, or four unless the beneficiary under the option selected is deceased on October 1, 1996, in which case the increase shall not be reduced.

(4) Fifty cents ($.50) per month for each year of service attained by the deceased member or deceased retiree reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Teachers’ Retirement System.
Ala. Code § 36-21-72 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-72
Section 36-21-72 Death Benefits
Status: in_force

Each member shall be issued a certificate by the board in which the board shall agree to pay to a beneficiary to be designated by such member, upon his death while an active member, and to be conditioned upon the satisfaction of all obligations of the member to the fund, a lump sum amount of $2,500.00.

If any member is killed in the line of duty, there shall be paid to his beneficiary or estate all membership fees paid by such member into the fund. Such repayment of membership fees shall be in addition to the death benefit hereinabove provided. The board shall pay to the beneficiary of a member, upon his death while an active member, a refund pursuant to Section 36-21-74.
Ala. Code § 36-27-201 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-201
Section 36-27-201 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
Status: in_force

(a) Commencing October 1, 2006, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2005, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the provisions used in Section 36-27-200, if the employer elects to come under this article. Any employer making the election to come under the article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under this article at any time and have the article become effective on October 1, 2006, or on October 1 of any subsequent fiscal year and the employer shall not be required to pay the cost-of-living increase retroactively unless the employer elects to fund the increase.

(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-200, but the increase shall not be less than twenty-five dollars ($25) per month.
Ala. Code § 36-28-4 — Alabama Code / Title 36 / Chapter 28 / Section 36-28-4
Section 36-28-4 Agreements with Federal Agency for Extension of Social Security to Employees of State, Etc.; Powers of Instrumentalities Created Jointly with Other States
Status: in_force

(a) Federal-state agreement. The state Comptroller, with the approval of the Governor, is hereby authorized to enter on behalf of the state into an agreement with the federal agency, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the federal Old-Age and Survivors’ Insurance System to employees of the state or any political subdivision thereof or of any instrumentality of any one or more of the foregoing with respect to services specified in such agreement, which constitute employment as defined in Section 36-28-1.

Such agreement may contain such provisions relating to coverage benefits, contributions, effective date, modification and termination of the agreement, administration and other appropriate provisions as the state Comptroller and federal agency shall agree upon, but, except as may be otherwise required by or under applicable federal law as to the services to be covered, such agreement shall provide in effect that:

(1) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act;

(2) The state will pay to the federal agency, at such time or times as may be prescribed by the applicable federal law or by regulation promulgated thereunder, contributions with respect to wages, as defined in Section 36-28-1, equal to the sum of the taxes which would be imposed by Sections 3101 and 3111 of Title 26, U.S.C.A., if the services covered by the agreement constituted employment within the meaning of that act;

(3) Such agreement shall be effective with respect to services performed after a date specified therein but shall in no event be effective with respect to any service performed prior to January 1, 1951;

(4) All services which constitute employment as defined in Section 36-28-1 and are performed in the employ of the state by employees of the state shall be covered by the agreement; and

(5) All services which constitute employment as defined in Section 36-28-1 are performed in the employ of a political subdivision or in the employ of an instrumentality of either the state or a political subdivision and are covered by a plan which is in conformity with the terms of the agreement and has been approved by the state Comptroller under Section 36-28-5 shall be covered by the agreement.

(b) Powers of instrumentalities created jointly with other states. Any instrumentality jointly created by this state and any other state or states is hereby authorized, upon the granting of like authority by such other state or states, to:

(1) Enter into an agreement with the Secretary of Health and Human Services whereby the benefits of the federal Old-Age and Survivors’ Insurance System shall be extended to employees of such instrumentality;

(2) Require its employees to pay and, for that purpose, to deduct from their wages contributions equal to the amounts which they would be required to pay under subsection (a) of Section 36-28-7 if they were covered by an agreement made pursuant to subsection (a) of this section; and

(3) Make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreement.

The agreement authorized by this subsection shall, to the extent practicable, be consistent with the terms and provisions of subsection (a) of this section and other provisions of this chapter.
Ala. Code § 36-2-2 — Alabama Code / Title 36 / Chapter 2 / Section 36-2-2
Section 36-2-2 Entering into Public Office of Person Disqualified by Law
Status: in_force

Any person, being disqualified by law, who by election or appointment enters upon any public office must, on conviction, be fined not less than $100.00.
Ala. Code § 36-27-23 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-23
Section 36-27-23 Board of Control; Medical Board, Actuary
Status: in_force

(a) The general administration and responsibility for the proper operation of the retirement system and for making effective this article are hereby vested in a board of trustees which shall be known as the Board of Control.

(b) The board shall consist of 15 trustees as follows:

(1) The Governor, ex officio, who shall be chairman.

(2) The State Treasurer, ex officio.

(3) The State Personnel Director, ex officio.

(4) The Director of Finance, ex officio.

(5) Three members of the retirement system, to be appointed by the Governor, no two of whom shall be from the same department of the state government nor from any department of which an ex officio trustee is the head. The state employees appointed pursuant to this section shall be Merit System employees with at least ten years of creditable state service and shall not be a department head or an assistant department head. The terms of office of the three members appointed by the Governor shall begin immediately after they have qualified and taken the oath of office. For appointments made after February 1, 2020, the Governor shall coordinate his or her appointments to assure that Board of Control membership is inclusive and reflects the racial, gender, and economic diversity of the state.

(6) Two members of the State Employees’ Retirement System who shall be vested in the system and elected by a majority vote of the participating full-time state employees who are members of the system, through the use of a statewide ballot conducted by the Secretary-Treasurer under rules adopted by the Board of Control. For their original terms, one shall serve for a two-year term and one shall serve for a three-year term. Thereafter, their successors each shall serve for a four-year term.

At the expiration of terms of office of the respective original trustees elected under this subdivision and every four years thereafter, their successors shall be elected in the same manner as provided by this subdivision.

(7) One member from the ranks of retired state employees and one member from the ranks of retired employees of a city, a county, or a public agency each of whom is an active beneficiary of the system shall be elected by a majority vote of the participating retired beneficiaries of the system. The retired state employee member shall serve for a four-year term beginning October 1, 1984, the member who is a retired employee of a city, a county or a public agency shall serve for a three-year term, beginning October 1, 1984, provided after the expiration date of the initial terms provided in this subdivision each term shall be for a period of three years. The retired state employee elected to serve the term beginning on October 1, 2024, and each retired state employee elected to serve thereafter, shall serve a term of four years. The retired employee of a city, county, or public agency elected to serve the term beginning on October 1, 2023, and each retired employee of a city, county, or public agency elected thereafter, shall serve a term of four years.

The retired members shall be elected in a statewide ballot conducted by the Secretary-Treasurer under rules adopted by the Board of Control. The Board of Directors of the Alabama Retired State Employees’ Association shall submit no more than two nominations for each retired member position. The Board of Control shall determine the procedure for selecting additional candidates. The ballots shall be conducted prior to October 1, 1984, and each applicable year thereafter in order that the trustees can take office by October 1, next following such election.

(8)a. Four members of the retirement system who are employed by or retired from an employer participating pursuant to Section 36-27-6, shall be elected by a majority vote of the members of the retirement system who are, as provided in this section, the full-time employees of those employers. The members of the retirement system who are elected and their successors each shall serve for a four-year term, except as provided to achieve staggered terms. The four members of the retirement system elected pursuant to this subdivision shall include:

1. Effective with the election following the conclusion of the term of office held by the trustee in office on May 6, 2021, and elected to a term ending September 30, 2022, as provided by this subdivision, one member of the retirement system who is a full-time employee of a participating municipality or city shall be elected by a majority vote of the full-time employees of the participating municipalities or cities.

2. One member of the retirement system who is a full-time employee of a participating county shall be elected by a majority vote of the full-time employees of the participating counties. The original term of office shall begin immediately after the individual has been elected and taken the oath of office and, in order to achieve staggered terms, the original term shall expire on September 30, 2026.

3. One member of the retirement system who is a full-time employee or retiree of an entity participating pursuant to Section 36-27-6, shall be elected by a majority vote of the full-time employees and retirees of the participating entities. The original term of office shall begin immediately after the individual has been elected and taken the oath of office and, in order to achieve staggered terms, the original term shall expire on September 30, 2025.

4. Effective with the election following the conclusion of the term of office held by the trustee in office on May 6, 2021, and elected to a term ending September 30, 2023 as provided by this subdivision, one member of the retirement system who is a full-time employee of an entity participating pursuant to Section 36-27-6, other than a municipality, city, or county, shall be elected by a majority vote of the full-time employees of those participating entities.

b. The elections shall be conducted by the Secretary-Treasurer through use of a statewide ballot in accordance with rules adopted by the Board of Control, which shall include a nomination petition of not less than 50 eligible voters. The election provided in subparagraph 2 of paragraph a. shall be conducted prior to October 1, 2022. The election provided in subparagraph 3 of paragraph a. shall be conducted prior to October 1, 2021. Each applicable year thereafter, all elections shall be conducted in the manner set forth in this subdivision in order that the trustees can take office October 1, next following such election.

(c) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled, except that of the trustees elected under subdivision (b)(7). In that event the vacancy for the unexpired term shall be filled by an appointment by the Board of Control of the Employees’ Retirement System from a list of three retired employees furnished by the Board of Directors of the Alabama Retired State Employees’ Association.

(d) The trustees shall serve without compensation for their services as trustees, but they shall be reimbursed from the Expense Fund for all necessary expenses that they may incur through service on the Board of Control.

(e) Each trustee shall, within 10 days after his or her appointment, take an oath of office that, so far as it devolves upon him or her, he or she will diligently and honestly administer the affairs of the Board of Control and that he or she will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. The oath shall be subscribed to by the member making it, certified by the officer before whom it is taken, and immediately filed in the office of the Secretary of State.

(f) Each trustee shall be entitled to one vote in the Board of Control. Eight votes in favor of any decision shall be necessary for a decision by the trustees at any meeting of the board.

(g) Subject to the limitations of this article, the Board of Control, from time to time, shall adopt rules for the administration of the funds created by this article and for the transaction of its business.

(h) The Board of Control, by a majority vote of all trustees, shall elect a Secretary-Treasurer who shall serve as the chief executive officer of the retirement system. The Board of Control shall engage such actuarial and other special services as required to transact the business of the retirement system. The compensation of all persons engaged by the board, with the exception of clerical employees who shall be employed under the provisions of the Merit System Act, and all other expenses of the board necessary for the operation of the retirement system shall be paid at such rates and in such amounts as the board shall approve.

(i) The Board of Control shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the system.

(j) The Board of Control shall keep a record of all its proceedings which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding year, the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the retirement system.

(k) The Attorney General shall be the legal adviser of the Board of Control.

(l) The Board of Control shall designate a medical board to be composed of three physicians not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under this chapter and shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board of Control its conclusions and recommendations upon all matters referred to it.

(m) The Board of Control shall designate an actuary who shall be the technical adviser of the Board of Control on matters regarding the operation of the funds created by the provisions of this article and shall perform such other duties as are required in connection therewith.

(n) Immediately after the establishment of the retirement system the actuary shall make an investigation of the mortality, service, and compensation experience of the members of the system as the actuary shall recommend, and the Board of Control shall authorize, and, on the basis of the investigation, the actuary shall recommend for adoption by the Board of Control such tables and rates as are required in subsection (o). The Board of Control shall adopt tables and certify rates and, as soon as practicable thereafter, the actuary shall make a valuation based on such tables and rates of the assets and liabilities of the funds created by this article.

(o) In 1948, and at least once in each five-year period thereafter, the actuary shall make an actuarial investigation into mortality, service, and compensation experience of the members and beneficiaries of the retirement system and shall make a valuation of the assets and liabilities of the funds of the system and, taking into account the results of the investigation and valuation, the Board of Control shall adopt for the retirement system such mortality, service, and other tables as deemed necessary and certify the rates of contribution payable by the state under this article.

(p) On the basis of such tables as the Board of Control shall adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the system created by this article.
Ala. Code § 36-27-175 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-175
Section 36-27-175 Restoration to Active Service
Status: in_force

Any member of the Employees’ Retirement System who has participated in DROP and withdraws from service under Section 36-27-171 is not eligible to be restored to active service pursuant to subsection (e) of Section 36-27-16 or subsection (f) of Section 16-25-4. Rather, the employee shall be restored to active service pursuant to subdivision (3) of subsection (c) and subdivision (3) of subsection (d) of Section 36-27-171.
Ala. Code § 36-26-17 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-17
Section 36-26-17 Manner of Filling of Vacancies in Classified Service Generally; Appointments in Classified Service Generally
Status: in_force

Vacancies in the classified service shall be filled either by transfer, promotion, appointment, reappointment or demotion.

Whenever a vacancy is to be filled by appointment, the appointing authority shall submit to the director a statement of the title of the position and, if requested by the director to do so, the duties of the position and desirable qualifications of the person to be appointed and a request that the director certify to him the names of persons eligible for appointment to the position. The director shall thereupon certify to the appointing authority the name of the 10 ranking eligibles from the most appropriate register and, if more than one vacancy is to be filled, the name of one additional eligible for each additional vacancy or all the names on the register if there are fewer than 10. Except that in the appointment of attorneys or legal research aides under this section by the Attorney General for appointment in the office of the Attorney General the director shall certify to the Attorney General the names of all eligibles who meet the minimum qualifications for the particular class of attorneys. The Attorney General may then appoint any person on the register of eligibles without regard to position on that register. If it should prove impossible to locate any of the persons so certified or should it become known to the director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until 10 persons eligible and available for appointment have been certified. Within 10 days after such names are certified, the appointing authority shall appoint one of those whose names are certified to each vacancy which he is to fill; except, that, in the event that he has fewer than the authorized number of persons from which to make his selection, he may choose from the remaining certified names or if he has fewer than three persons from which to make his selection he may make a provisional appointment as provided by Section 36-26-18. In the event that there does not exist an employment register which the director deems to be appropriate for the class in which the position is established, he shall prepare such a register within a reasonable time after receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to and rejected by appointing authorities three times, the director may remove the name of such person from the employment register.
Ala. Code § 36-30-22 — Alabama Code / Title 36 / Chapter 30 / Section 36-30-22
Section 36-30-22 Eligibility for Benefits - Generally
Status: in_force

The provisions of this article shall apply to a law enforcement officer who, upon entering the service of the city or county as a law enforcement officer, has successfully passed a physical examination which failed to reveal any evidence of a law enforcement officer’s occupational disease and who has completed at least three years’ service as a law enforcement officer, provided a physical examination was required at the time of entry into service, and shall apply to a state law enforcement officer who, upon entering the service of the state as a law enforcement officer, successfully passed a physical examination which failed to reveal any evidence of a law enforcement officer’s occupational disease and who has completed no less than three years’ service as a state law enforcement officer.
Ala. Code § 36-16-2 — Alabama Code / Title 36 / Chapter 16 / Section 36-16-2
Section 36-16-2 Authority to Require Proof of Correctness of Claim
Status: in_force

The Auditor has authority to require information on oath, to be administered by him, from any person touching any claim or account he is required to audit.
Ala. Code § 36-20-72 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-72
Section 36-20-72 Seal; Form and Content of Notarial Acts
Status: in_force

(a) For the authentication of his or her official acts, each notary public shall provide a seal of office, which shall present, by its impression or stamp, the name, office, and the state for which he or she was appointed.

(b) The form and content of any notarial act on an instrument to be recorded in the public records, including the court system, shall include an oath, acknowledgment, and signature of each party to the document, or his or her mark, and the signature of the notary public and his or her seal of office by either ink stamp or embossed impression.
Ala. Code § 36-20-9 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-9
Section 36-20-9 Penalty for Failure to Deliver Notary’s Register to Probate Judge on Demand
Status: reserved

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
Ala. Code § 36-29-5 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-5
Section 36-29-5 Expenses, Treatment, Etc., Not to Be Included Under Plan
Status: in_force

(a) Such health insurance shall not include any of the following:

(1) Expenses incurred by or on account of an individual prior to the effective date of the plan.

(2) Cosmetic surgery or treatment, except to the extent necessary for correction of damages caused by accidental injury while covered by the plan or as a direct result of disease covered by the plan.

(3) Services received in a hospital owned or operated by the United States government for which no charge is made.

(4) Services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan.

(5) Expenses for which the individual is not required to make payment.

(6) Expenses to the extent of benefits provided under any employer group plan other than the plan in which the state participates in the cost thereof.

(7) Such other expenses as may be excluded by regulations of the board.

(b) This section shall not mandate the coverage of hearing assistance devices except that the State Employees’ Health Insurance Board may determine by a majority vote of the board to cover such expenses in part or in whole on or after April 11, 2000.
Ala. Code § 36-1A-6 — Alabama Code / Title 36 / Chapter 1A / Section 36-1A-6
Section 36-1A-6 Accounting to Campaign Manager; Adoption of Regulations; Distribution of Undesignated Contributions
Status: in_force

(a) ASECCC is the only authorized payroll deduction charitable fund-raising effort among state employees.

(b) The state Comptroller and each disbursing officer shall promptly transmit the amounts deducted, and an accounting of the amounts designated to the various charitable fund-raising federations or charitable agencies, to the respective campaign manager who shall be responsible for final distribution of the amounts to the designated organizations or agencies.

(c) The State Employee Campaign Steering Committee shall, from time to time, adopt regulations and procedures necessary to implement the provisions of this chapter.

(d) The undesignated contributions shall be added to the funds designated to each federation or agency and distributed in the same proportion as the federation or agency received designations for all funds contributed to the ASECCC in each campaign community.
Ala. Code § 36-27-161 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-161
Section 36-27-161 Article Supplemental; Repeal of Conflicting Laws
Status: reserved

The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System. However, those laws or parts of laws which are in direct conflict or inconsistent with this article are repealed to the extent of the conflict.
Ala. Code § 36-33-3 — Alabama Code / Title 36 / Chapter 33 / Section 36-33-3
Section 36-33-3 Obstruction of Protective Functions
Status: in_force

Whoever knowingly and willfully obstructs, resists or interferes with an officer of the Department of Public Safety engaged in the performance of the protective functions authorized by this chapter shall be fined not less than $100.00 nor more than $500.00 or imprisoned not more than one year, or both.
Ala. Code § 36-17-21 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-21
Section 36-17-21 Alabama Trust Fund - Meetings of Board of Trustees; Administration
Status: in_force

(a) For purposes of this section, the following terms have the following meanings:

(1) ALABAMA TRUST FUND. The fund established by Amendment 450.

(2) AMENDMENT 450. Amendment 450 to the Constitution of Alabama of 1901, as amended, now appearing as Section 219.02, Official Recompilation of the Constitution of Alabama of 1901, as amended.

(3) BOARD. The Board of Trustees of the Alabama Trust Fund.

(b) Except as otherwise provided by Amendment 450, members of the board or any committee established by the board may participate in a meeting of the board or committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time.

(c) Participation by means authorized in this section shall constitute presence in person at a meeting for all purposes, including the establishment of a quorum, to deliberate and take action.

(d) The telephone or video conference or other similar communications equipment shall also allow members of the public the opportunity to simultaneously listen to or observe meetings held pursuant to this section, to the same extent required by Amendment 450 for public participation at meetings.

(e)(1) The facilities of the State Treasurer shall be used in the administration of the Alabama Trust Fund, including the scheduling and notification of meetings.

(2) The State Treasurer shall give notice of any meeting held pursuant to this section in the same manner required by Amendment 450 for meetings, and otherwise in accordance with the Open Meetings Act.
Ala. Code § 36-27-21.7 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-21.7
Section 36-27-21.7 Cost-of-Living Increases to Certain Retirees Whose Retirement Is Based on Employer Participation Under Section 36-27-6; Amounts; Election by Employer; Construction of Section
Status: reserved

(a) There is hereby provided, to each pensioner, annuitant and retiree of any retirement plan other than the Employees’ Retirement System whose retirement is based upon service to an employer participating in the Employees’ Retirement System under Section 36-27-6, and whose effective date of retirement is prior to October 1, 1989, a cost-of-living increase of ten percent of his current monthly benefit; provided, however, such increase shall not be less than $20.00 nor more than $50.00 per month.

(b) There is hereby provided, to each pensioner whose retirement is based upon service to an employer participating in the Employees’ Retirement System under Section 36-27-6, but who retired prior to such employer’s participation in the said Employees’ Retirement System and who receives a monthly allowance from the Employees’ Retirement System a cost-of-living increase of ten percent of his current monthly benefit; provided, however, such increase shall not be less than $20.00 nor more than $50.00 per month.

(c) No person whose retirement is from a unit participating under Section 36-27-6, shall be entitled to the increased benefits provided in subsections (a) and (b) of this section unless such employee elects to come under the provisions of this section. Any employer making such election must bear the cost of the cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under the provisions of this section at the beginning of any subsequent fiscal year and such employer may not be required to pay said cost-of-living increase retroactively.

(d) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed to the extent of such conflict.
Ala. Code § 36-29-26 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-26
Section 36-29-26 Payment of Administrative Expenses
Status: in_force

In the event the board adopts and implements a flexible employee benefit plan which includes the offering of benefits in addition to health insurance premiums, the board is authorized to pay administrative expenses related to the plan, said funds being derived from general appropriation and/or by fees charged to the participating employees.
Ala. Code § 36-21-23 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-23
Section 36-21-23 Employment and Compensation of Additional Men by Governor
Status: in_force

If, in the opinion of the Governor, the police force that may be available and may be obtained under Section 36-21-20 is or will be inadequate to deal with the situation, to preserve the peace and to uphold the laws of the state, the Governor may, in his discretion, employ such additional men as he may deem necessary to be sent to the locality where needed to preserve the peace and uphold the law of the state and may contract with such persons for the payment to them during their service their reasonable expenses incurred in performing their duties and such compensation as may be agreed upon between them and the Governor.

All sums of money to be paid under the terms of this article shall be paid by the Comptroller’s warrant on the Treasury upon a bill sworn to, made out against the state and approved by the Governor.
Ala. Code § 36-27-55.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-55.1
Section 36-27-55.1 Purchase of Credit for Prior Service with Alabama State Council on the Arts
Status: in_force

(a) Any active and contributing member of the Employees’ Retirement System may purchase credit in the Employees’ Retirement System for prior service with the Alabama State Council on the Arts if the member has not received credit in the system for the same prior service and has not vested or otherwise become eligible to receive a retirement benefit by using the same prior service credit in another pension plan offered by the council.

(b) A member of the Employees’ Retirement System who is eligible to purchase any prior service credit under subsection (a) of this section shall receive the credit if he or she pays into the system on or before his or her date of retirement, an amount of five percent of the greater of the member’s current annual earnable compensation or average final compensation, whichever is greater, as determined by the actuary for the system, for the entire period of prior service claimed, or any portion thereof, plus eight percent compounded interest thereon through the date of repayment, for each year of prior service purchased. Prior service may be purchased only in yearly increments of at least two years at a time. At the same time that the employee makes his or her payment for the prior service credit, he or she shall also remit to the Employees’ Retirement System the employer’s share of the cost for the prior service credit being purchased, plus eight percent compounded interest thereon through the date of repayment, as determined by the actuary for the system.
Ala. Code § 36-27-197 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-197
Section 36-27-197 Members and Beneficiaries of Employees’ Retirement System
Status: in_force

Commencing October 1, 2005, there is provided an increase in benefits to certain persons identified in this section who are currently receiving benefits whose effective date of retirement was prior to October 1, 2004, for purposes of receiving benefits from the Employees’ Retirement System, and to certain beneficiaries of deceased members and deceased retirees who are currently receiving survivor benefits if the effective date of retirement or death for the deceased member or retiree was prior to October 1, 2004, for purposes of receiving benefits from the Employees’ Retirement System shall receive a cost-of-living adjustment (COLA) of four percent of the current gross benefit. In no case shall the COLA be less than fifteen dollars ($15) per month. The benefits provided in this section are limited to those retirees whose participation in the Employees’ Retirement System was based on Section 36-27-6, and whose employer at the time of retirement was a local board of education or a state-supported institution of higher education. The benefits granted in this section shall not apply to any other participants in the Employees’ Retirement System.
Ala. Code § 36-13-30 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-30
Section 36-13-30 Fund Created; Expenditures
Status: in_force

There is hereby created in the State Treasury a fund to be known as the Governor’s Contingency Fund. Said fund shall be expended under the direction of the Governor, at his discretion, and shall be accounted for by him to the Legislature at each session; provided, however, that the Governor shall file with the Legislative Council on a monthly basis a list of all expenditures made by him from said fund.
Ala. Code § 36-7-5 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-5
Section 36-7-5 Drawing or Approval of Warrant on Treasury by County or Municipal Officer or Employee in Violation of Provisions of Article
Status: in_force

Any officer or employee drawing or approving any warrant drawn on the treasury of any municipality or county of this state in violation of the provisions contained in this article shall be guilty of a misdemeanor and shall be punished as provided by law.
Ala. Code § 36-21-2 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-2
Section 36-21-2 Subsistence Allowance for Certain Law Enforcement Officers
Status: in_force

(a)(1) Any law enforcement officer of the State of Alabama who is employed by the Alabama State Law Enforcement Agency, Department of Conservation and Natural Resources, Alabama Department of Forensic Sciences, Alabama Liquefied Petroleum Gas Board, the Alabama Peace Officers’ Standards and Training Commission, the Alabama Securities Commission, the State Port Authority and probation and parole officers of the Alabama Board of Pardons and Paroles, fire marshals of the Department of Insurance, any investigator employed by the Alabama Ethics Commission, any investigator employed by a district attorney on a full-time basis, any investigator employed by the Office of the Attorney General, the marshal or any deputy marshal of the state appellate court, correctional officers of the Department of Corrections, and any law enforcement officer assigned to the Investigations Division of the Department of Revenue or to the Department of Mental Health shall receive a subsistence allowance of twelve dollars ($12) for each working day of a pay period while engaged in the performance of the duties as a law enforcement officer. This allowance shall be in addition to all other compensation, expenses, and allowances provided those officers.

(2) Beginning on October 1, 2019, subsistence pay shall be paid to each law enforcement officer engaged in the performance of the duties as a law enforcement officer for a period of four or more hours within a consecutive 24-hour period of time.

(b) The subsistence allowance shall not be subject to any income or other taxes levied by the State of Alabama.

(c) The subsistence allowance to law enforcement officers at the Peace Officers’ Standards and Training Commission shall be paid from the Peace Officers’ Standards and Training Fund and the subsistence allowance paid to Securities Commission Officers shall be paid from the Securities Commission Fund.
Ala. Code § 36-13-11 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-11
Section 36-13-11 Retirement Allowance for Former Governors
Status: in_force

(a) All former governors of the State of Alabama upon reaching the age of 60 shall be entitled to a monthly retirement payment out of the General Fund in the State Treasury which shall equal 68 percent of the Governor’s salary if said former governor had served for one full term or less; the amount paid shall equal 100 percent of the Governor’s salary if he has served two full terms or more.

(b) All former governors of the State of Alabama, regardless of age, who sustain permanent total physical or mental disability during their terms of office, by accident or otherwise, shall be entitled to their full salary for life upon leaving office.

(c) Said payments shall be paid out of the General Fund in the State Treasury on a monthly basis each and every month once a former governor becomes eligible for such payments. A former governor eligible for compensation under subsection (b) of this section shall not receive payment under subsection (a) of this section.

(d) Disability under subsection (b) of this section shall be determined as of the date the person so entitled leaves the Governor’s office by resignation or otherwise. Proof shall be made by any interested party to the state Finance Director, who shall promptly certify the fact of disability to the state Comptroller. It shall be considered sufficient proof if three practicing physicians certify under oath that a former governor is so permanently totally disabled.

(e) Any law or part of law to the contrary notwithstanding, the state Comptroller shall cause to be deducted from the salary paid to a Governor of the State of Alabama, being subject to this section, which provides for payment of retirement benefits to former governors, 10 percent of his earnable compensation; such deduction to be deposited by the Comptroller in the General Fund in the State Treasury.
Ala. Code § 36-15-62 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-62
Section 36-15-62 Appointment of Investigators for the Office of the Attorney General - Compensation
Status: in_force

(a) The chief investigator and other investigators appointed pursuant to this article shall be compensated at a rate to be set by the Attorney General. In setting the rate of compensation the Attorney General may take into consideration that amount paid to other law enforcement officers of the State of Alabama including, but not limited to, those officers of corresponding duties, lengths of service, and responsibilities in the Alabama Department of Public Safety.

(b) In the event anyone serving in the classified service of the State of Alabama shall accept appointment as an investigator and shall later be removed or resign from the position of investigator, the person shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the person and to which he or she would have been entitled had he or she remained within the classified service.

(c) When designating the salaries, the Attorney General shall choose from among the salary ranges set by the State Personnel Board for employees of the Alabama Department of Public Safety.

(d) The establishment of the range and step within the range of the starting salary shall be at the discretion of the Attorney General upon the appointment of each investigator and may vary between persons so appointed.

(e) All investigators appointed pursuant to this article shall be entitled to all benefits provided employees of the Alabama Department of Public Safety including, but not limited to, participation in any retirement plan afforded state troopers. Such investigators shall be appointed by and serve at the pleasure of the Attorney General.

(f) The salaries, expenses, and benefits of the investigators appointed pursuant to this article shall be paid from the State Treasury in the same manner that the salaries, expenses, and benefits of employees in the classified service are paid.
Ala. Code § 36-27-157 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-157
Section 36-27-157 Pensioners Who Retired Prior to Membership of Employer and Receiving Benefits Not Administered by System
Status: in_force

Commencing October 1, 2000, any pensioner or annuitant who retired prior to October 1, 2000, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive a twenty-five dollar ($25) per month increase provided the city, town, county, or public or quasi-public organization of the state elects to fund the increase.
Ala. Code § 36-6-142 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-142
Section 36-6-142 Revision to Schedule of Rates
Status: in_force

The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-15-15 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-15
Section 36-15-15 Attorney General May Advise or Direct District Attorney
Status: in_force

The Attorney General shall give the district attorneys of the several circuits any opinion, instruction or advice necessary or proper to aid them in the proper discharge of their duties, either by circular or personal letter, and may direct any district attorney to aid and assist in the investigation or prosecution of any case in which the state is interested, in any other circuit than that of the district attorney so directed. Such district attorney shall have and exercise in such other circuit all the powers and authority imposed by law upon the district attorney of such other circuit, but this section shall not abridge any authority which may have been or which may be vested in the Chief Justice of the Supreme Court, nor shall the Attorney General, or any assistant of the Attorney General, or other person at the instance or request of the Attorney General, be authorized to appear or in any way act in the name of the state in civil action or proceeding by or against any county or county officer in which the State of Alabama has no direct financial interest.
Ala. Code § 36-36-5 — Alabama Code / Title 36 / Chapter 36 / Section 36-36-5
Section 36-36-5 Management and Control of Trust; Powers of Trustees; Payment of Expenses
Status: in_force

(a) The trusts shall be under the management and control of their respective trustees. All powers necessary or otherwise advisable for the management and control of the trusts shall be vested solely in the respective trustees.

(b) The trustees shall have all of the powers necessary to carry out and effectuate the purposes and provisions of this chapter, all the power and authority granted under law to the board which created the trust, and all powers granted to trustees under Alabama law to the extent not in conflict with this chapter, including, without limiting the generality of the foregoing, the following powers:

(1) To adopt, alter, and repeal rules for the operation and conduct of the respective trust’s affairs and business;

(2) To make, enter into, and execute contracts, agreements, and other instruments and to take such other actions as may be necessary or otherwise advisable for the management and operation of the respective trust, to accomplish any purpose for which the respective trust was created, or to exercise any power granted by this chapter;

(3) To enter into contracts with, to accept aid and grants from, to cooperate with, and to do any and all things that may be necessary or otherwise advisable in order to avail the respective trust of the aid and cooperation of the United States of America, the state, or any agency, instrumentality, or political subdivision of either thereof in furtherance of the purposes of this chapter;

(4) To appoint, employ, and contract with such employees, agents, advisors, and consultants, including, but not limited to, attorneys, accountants, actuaries, financial experts, and such other advisors, consultants, and agents as may, in the trustees’ judgment, be necessary or otherwise advisable and to determine and pay, from the funds of the trusts, the compensation of those persons; and

(5) To invest the funds of the trusts in any permitted investment.

(c) The expenses of making and disposing of investments, such as brokerage commissions, legal expenses referable to a particular transaction, transfer taxes, and other customary transactional expenses with respect to a trust shall be payable out of the funds of such trust.
Ala. Code § 36-29-22 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-22
Section 36-29-22 Creation of “Flexible Employees Benefit Board.”
Status: in_force

There is hereby created the Flexible Employees Benefit Board, which shall consist of a state employee appointed by the Executive Director of the Alabama State Employees Association, the members of the State Personnel Board, and the Director of Finance. The individuals presently holding the offices shall constitute the initial membership of the board, and their successors in office, by virtue of assuming such office, shall succeed to membership on the board. The Director of Finance may designate a person to attend the meetings from time to time and to vote in his or her absence.

The board shall elect one of its members as chair of the board and another as vice chair and shall also elect a secretary who need not be a member of the board. The chair, vice chair and the secretary shall serve as officers at the pleasure of the board. A majority of the members of the board shall constitute a quorum and the affirmative vote of a majority of those members present shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board.
Ala. Code § 36-11-7 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-7
Section 36-11-7 Contents and Execution of Information Generally
Status: in_force

Such information shall be addressed to the court before which the trial is to be had and shall specify, with reasonable certainty, the offense, offenses or other grounds of impeachment charged against the officer within the provisions of Section 173 of Article 7 of the constitution and shall contain a succinct statement of the facts constituting the matters complained of and an appropriate prayer for process and relief and shall be signed by the Attorney General, district attorney or by counsel, as the case may be. When such information is by taxpayers, the names of such taxpayers must be joined as plaintiffs with the state.
Ala. Code § 36-21-64 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-64
Section 36-21-64 Board of Commissioners of Alabama Peace Officers’ Annuity and Benefit Fund - Powers and Duties Generally
Status: in_force

The board shall have the following powers in carrying out its responsibilities under this article:

(1) To collect all moneys provided in this article to be collected by it;

(2) To provide for and maintain all necessary administrative facilities and personnel;

(3) To provide for payment of all administrative salaries, fees and expenses;

(4) To cause its moneys to be invested and its investments sold or exchanged and the proceeds and income collected;

(5) To determine who is a peace officer;

(6) To pass upon all applications for annuities and benefits provided for in this article;

(7) To adopt such rules and regulations as may be necessary or desirable to expedite the administration of the affairs of the board and as shall not be inconsistent with the laws of the state;

(8) To provide descriptive literature respecting the fund;

(9) To pay all benefits and annuities that may be determined to be due under this article and under the rules and regulations of the board;

(10) To make refunds and repayments to which members may be entitled under this article;

(11) To employ such agents, attorneys, actuaries and other specialized personnel as shall be necessary or desirable to enable the board to carry on its functions in a proper and actuarily sound manner;

(12) To receive by gift, grant, devise or bequest any moneys or properties of any nature or description;

(13) To carry out any powers expressly granted elsewhere in this article to the board; and

(14) All other powers necessary for the proper administration of the provisions of this article.
Ala. Code § 36-21-124 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-124
Section 36-21-124 Limitation of Powers
Status: in_force

The powers of police officers appointed by a tribe pursuant to this article may be exercised only upon the premises of the reservation of the tribe, and a police officer may not otherwise act as a police officer while off the premises of his or her reservation, except under either of the following conditions:

(1) When in appropriate pursuit off the reservation of any offender or suspected offender who is charged with the commission of a crime while on the premises of the reservation.

(2) To make lawful arrests for a felony committed, or for which there is probable cause to believe has been committed, in the presence of the police officer or within the boundaries of the property owned or operated by the tribe.
Ala. Code § 36-27-121 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-121
Section 36-27-121 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
Status: in_force

(a) Commencing October 1, 1994, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1994, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the formula used in Section 36-27-120, if the employer elects to come under this article. Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected unless the designated beneficiary under the option is deceased on October 1, 1994, in which case the increase shall not be reduced. Any employer making the election to come under the article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under this article at the beginning of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively.

(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-120, reduced by the retiree’s option factor but the reduction shall not make the increase less than twenty-five dollars ($25) per month.
Ala. Code § 36-17-6 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-6
Section 36-17-6 Settlement of Accounts and Delivery of Books, Etc., on Removal or Resignation
Status: in_force

If the Treasurer resigns or is removed, he must immediately after such resignation or removal deliver the books, papers and money belonging to the treasury to his successor, taking a receipt therefor, and must, within 10 days after resignation or removal, state his account, and the Department of Finance must record and file in his office a statement of such settlement and receipt and report the same to the next session of the Legislature.
Ala. Code § 36-19-7 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-7
Section 36-19-7 Appointment of Deputy Inspectors; Powers and Compensation Thereof Generally; Deputy Inspectors to Be Commissioned
Status: in_force

The Fire Marshal may, in addition to the provisions of Section 36-19-3, appoint any person or persons who may be known to him as being competent and skilled in making such inspections of buildings and their contents as deputy inspectors in this department. Such deputy inspectors shall have all the powers of other deputies and assistants to enter any building or premises to make inspection of such buildings and their contents and to report such inspections in writing to the office of the Fire Marshal where they find faulty or hazardous conditions. Such deputy inspector shall be duly commissioned and shall serve without compensation.
Ala. Code § 36-15-63 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-63
Section 36-15-63 Appointment of Investigators for the Office of the Attorney General - Powers
Status: in_force

Investigators appointed pursuant to the provisions of this article shall have all of the powers vested in deputy sheriffs and all other law enforcement officers of the State of Alabama, including but not limited to, the powers of arrest and the power to serve any and all process and shall perform such duties, responsibilities and functions as may be assigned by the Attorney General.
Ala. Code § 36-21-227 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-227
Section 36-21-227
Status: in_force

(a) The Alabama Law Enforcement Officers’ Family Scholarship Fund is created in the State Treasury. All monies received by the commission from any source as provided in subsections (b) or (c) or pursuant to Section 32-6-730 shall be deposited into the State Treasury to the credit of the fund. Amounts deposited into the fund shall be budgeted and allotted in accordance with Division 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41.

(b)(1) Availability of the scholarship to eligible dependents, beginning with the fiscal year that starts on October 1, 2027, shall be subject to an annual appropriation in the Education Trust Fund Appropriation Act which shall not exceed ten million dollars ($10,000,000). This provision does not affect the availability of scholarships from funds provided on hand prior to October 1, 2027.

(2) The annual appropriation provided in subdivision (1) shall cease when monies received to the credit of the Alabama Law Enforcement Officers’ Family Scholarship Fund in the preceding fiscal year pursuant to Section 32-6-730 are no less than ten million dollars ($10,000,000).

(c) The commission may accept additional funding for the Alabama Law Enforcement Officers’ Family Scholarship Program from public and private sources, including appropriations, loans, federal gifts, grants, corporate sponsorships, and individual donations.
Ala. Code § 36-5-64 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-64
Section 36-5-64 When New Bond of Officer or Employee Becomes Effective; Effect of New Bond
Status: in_force

Every such additional bond approved and filed as provided in this division is binding on the obligors from the time of its approval and subjects them to the same liabilities, proceedings and remedies as are provided in relation to the first official bond of such officer or employee.
Ala. Code § 36-6-62 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-62
Section 36-6-62 Inapplicability to Certain Employees
Status: in_force

Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or any other employee of this state. The provisions of this division shall not apply to or increase the compensation of any local employee whose salary is tied to that of any state employee.

This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract, nor shall this division apply to a state judge whose salary is payable from the State Treasury.

This division shall not apply to any circuit or district judge, Supreme Court Justice, judge of an appellate court, or district attorney who received a salary increase due to Act 99-427.

This division shall not apply to any circuit clerk or register who received a salary increase due to Act 98-301.
Ala. Code § 36-7-25 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-25
Section 36-7-25 Adoption of Rules and Regulations to Provide for Prepayment of Travel Expenses; Annual Examination and Report of Public Accounts
Status: in_force

(a) The state Comptroller, with the approval of the Chief Examiner of Public Accounts, may adopt rules and regulations to provide for the prepayment of travel expenses for state officers and employees traveling on authorized official state business. No traveler shall have expenses for any one period of travel prepaid for him in excess of any amount established according to the rules and regulations provided above, provided, that the amount of expenses authorized to be prepaid for any one period of travel may vary based on the needs of the various state departments and agencies.

(b) The Department of Examiners of Public Accounts shall examine the expenditure of funds used in accordance with subsection (a) annually and report its findings to the Joint Legislative Committee on Public Accounts.
Ala. Code § 36-1-8 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-8
Section 36-1-8 Use of Polygraph Testing Prohibited
Status: in_force

(a) No person may require or demand as a condition of continued employment with the State of Alabama that an individual submit to or take a polygraph or similar test.

(b) Any person found guilty of violating subsection (a) shall be guilty of a Class A misdemeanor.
Ala. Code § 36-26-100 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-100
Section 36-26-100 Definition of Employees
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-27-57.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-57.1
Section 36-27-57.1 Purchase of Credit for Prior Service Rendered in Program Financed by Federal Grant in Office of Local District Attorney
Status: in_force

(a) An active and contributing member of the Employees’ or Teachers’ Retirement System who has been a member of the system for at least 10 years, may claim and purchase credit not to exceed three years in his or her respective retirement system for prior service rendered while employed in a program in the office of a local district attorney which was financed at the time the service was rendered by a federal grant if the member complies with the provisions set forth in subsection (b) of this section.

(b) Each person eligible to claim and purchase the credit for service under subsection (a) of this section shall be awarded creditable service under the Employees’ Retirement System or Teachers’ Retirement System provided he or she shall pay into the retirement system, prior to October 1, 1995, a lump sum equal to the percentage of his or her current annual earnable compensation, or final average compensation, whichever is greater, for each year of service credit purchased; the current annual earnable compensation or final average compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
Ala. Code § 36-21-42 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-42
Section 36-21-42 Officers and Employees
Status: in_force

The commission shall elect a chairman and a vice-chairman from among its members. The commission may employ an executive secretary and such clerical assistants as its functions and duties may require, subject to the provisions of the state Merit System Act.
Ala. Code § 36-26-7 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-7
Section 36-26-7 Director of Personnel - Appointment; Qualifications; Salary; Removal
Status: in_force

The board shall appoint a director. He shall be a person over 19 years of age, of recognized character and ability and shall have been a bona fide resident and a qualified voter of this state for not less than five years next preceding his appointment. His salary shall be fixed by the board with the approval of the Governor in accordance with the provisions of Section 36-6-6. He may be removed for cause by the board; provided, that copies of a written statement of the reason for such removal shall be given to the director and to the Governor, and such written statement shall be made public prior to the effective date of his removal.
Ala. Code § 36-27-48.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-48.1
Section 36-27-48.1 Credit in System for Period of Service for Which Position Excluded
Status: in_force

(a) Any active and contributing member of the Employees’ Retirement System who is an employee of an employer participating in the system pursuant to Section 36-27-6, and whose current position was once excluded by the employer from participating in the system, may receive credit in the system for the period of full-time service for which his or her position was excluded by the employer from participating in the system, provided the member claiming the credit has been continuously employed by the employer since January 1, 1987, and the member performs and complies with the conditions prescribed in subsection (b) of this section.

(b) A member of the Employees’ Retirement System eligible to purchase credit in the system under subsection (a) of this section shall receive the credit after satisfying the following conditions:

(1) Each person eligible to claim and purchase the credit for service under subsection (a) of this section shall be awarded creditable service under the Employees’ Retirement System provided he or she shall pay into the retirement system, prior to October 1, 1995, a lump sum equal to the percentage of his or her current annual earnable compensation, or final average compensation, whichever is greater, for each year of service credit purchased; the current annual earnable compensation or final average compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.

(2) The employer shall certify in writing to the Employees’ Retirement System the dates of the period of full-time employment for which the member is claiming credit.
Ala. Code § 36-21-193 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-193
Section 36-21-193 Withdrawal from Fund
Status: in_force

Any member shall be entitled at any time to withdraw from the fund and, upon application for such withdrawal on forms supplied by the board and approved by it, shall be entitled to receive 90 percent of all amounts previously paid to the fund by such member. Any member who withdraws and receives such refund shall not thereafter have any rights with respect to the fund and may not thereafter be entitled to become a member except as a new member. Any member who ceases to be a firefighter may elect not to receive any such refund for a period of not more than 36 months. If within the 36-month period the person shall again become a firefighter, he or she may be reinstated as a member without loss of accumulated qualified service. If a member does not return to service at the end of the 36-months period, then his or her account shall be terminated and his or her fees shall be returned, thereby cancelling all his or her qualified service.
Ala. Code § 36-27-101 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-101
Section 36-27-101 Eligibility; Amount of Payment and Credit
Status: in_force

Each part time employee of the Legislature of Alabama who is eligible and has elected to participate in the State of Alabama Employees’ Retirement System shall be eligible to pay into the State of Alabama Employees’ Retirement System up to one half or 50 percent of the amount of money the part time employee has previously contributed into the fund. Upon paying up to one half or 50 percent of the money the part time employee has previously contributed into the State of Alabama Employees’ Retirement Fund, the legislative employee shall receive a credit proportional to his or her payment of up to one half or 50 percent in addition [additional] retirement credit in years and months from the State of Alabama Employees’ Retirement System. Any employee may elect to pay an amount into the state Employees’ Retirement Fund of less than 50 percent or one half of his or her total part time retirement contribution previously paid and shall then receive a corresponding percentage credit in years and months of service towards retirement.
Ala. Code § 36-9-5 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-5
Section 36-9-5 Vacation of Offices of Clerk of Circuit Court, Tax Collector, Etc., by Failure to Elect Successor
Status: in_force

The offices of clerk of the circuit court, tax collector, tax assessor and county treasurer are respectively vacated from the expiration of the incumbent’s term when there is a failure to elect a successor at any general election where such officers are elected by the people.
Ala. Code § 36-26-35 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-35
Section 36-26-35 Annual Leave
Status: in_force

(a) All persons who are regularly employed by the state and who are subject to the provisions of the state Merit System, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Services Agency personnel, whether subject to the state Merit System or not, shall be entitled to accumulate annual leave on the basis of biweekly pay periods through the payday on March 17, 2006, as follows:

(b) Beginning with the payday on April 3, 2006, all persons who are regularly employed by the state and who are subject to the provisions of the state Merit System, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Services Agency personnel, whether subject to the state Merit System or not, shall be entitled to accumulate annual leave on the basis of semi-monthly pay periods as follows:

(c) Maximum accrued leave after 25 years of service shall be limited to 29 1/4 days per year, and the maximum number of days of annual leave which may be carried over at the end of each year shall be limited to 60 days.

(d) Any law enforcement officer in the Department of Public Safety shall be entitled to receive payment for any accrued and unused annual leave days in excess of 60 days, up to a maximum of 10 days per year. Payment shall be calculated using the officer’s regular rate of pay.

(e) Any merit classification of employee of the Department of Corrections requiring certification as correctional or law enforcement officers by the Alabama Peace Officers’ Standards and Training Commission may receive payment for any accrued and unused annual leave hours in excess of 480 hours, up to a maximum of 80 hours per year. Payment shall be calculated using the employee’s regular rate of pay.
Ala. Code § 36-19-19 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-19
Section 36-19-19 Fire Marshal, Etc., May Summon Witnesses, Require Production of Books, Etc
Status: in_force

The Fire Marshal or his deputies may, each, in any county of this state, summon and compel the attendance of witnesses before them or either of them to testify in relation to any matter which is, by the provisions of this article, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto by them or either of them. The said Fire Marshal or his deputies may each administer oaths and affirmations to any person or persons appearing as witnesses before them, and false swearing in any matter or proceedings aforesaid shall be deemed perjury and shall be punished as such.
Ala. Code § 36-26-19 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-19
Section 36-26-19 Adoption, Etc., of Procedures for Filling of Unskilled, Semiskilled, Domestic, Etc., Positions
Status: in_force

For positions involving unskilled or semiskilled labor or domestic attendants or custodial work, when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the procedure prescribed by this article, the director, subject to the rules, may adopt or authorize the use of such other procedures as he determines to be appropriate in order to meet the needs of the service while assuring the selection of such employees on the basis of merit and fitness. Such procedures may, so far as practicable, include the testing of applicants and maintenance of lists of eligibles by localities, the testing of applicants, singly or in groups, at periodic intervals, at the place of employment or elsewhere, after such notice as the director considers adequate, the registration of applicants who pass a noncompetitive test or submit satisfactory evidence of their qualifications and appointment of registered applicants in the order of their application or by lot or any variation or combination of the foregoing or other suitable method.
Ala. Code § 36-20-74 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-74
Section 36-20-74 Fees
Status: in_force

A notary public commissioned pursuant to this article is permitted a reasonable fee, not to exceed ten dollars ($10), for each notarial act performed. No fee may be charged by a state, county, or municipal employee for a notarial act performed during, and as a part of, his or her public service, unless otherwise provided by law.
Ala. Code § 36-11-17 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-17
Section 36-11-17 Duties, Liabilities and Fees of Sheriffs, Etc., for Service of Process, Etc.; Compensation of Examiners; Payment of Fees, Costs, Etc
Status: in_force

The sheriff, coroner or constable to whom process is issued under the provisions of this chapter shall perform all the duties as sheriffs are required to perform them, shall be liable to all the penalties to which sheriffs in similar cases are liable and shall be entitled to the same fees as sheriffs are entitled to for similar services. The examiners shall be entitled to such compensation as the Supreme Court may determine as fair equivalent for the services performed. All such fees and compensation shall be taxed in the bill of costs, but no costs shall be adjudged against the state nor against the successful plaintiffs on a return of “no property found” against the defendant, but may be paid out of the Treasury in all cases when the Governor thinks it right to pay the same.
Ala. Code § 36-19-21 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-21
Section 36-19-21 Imprisonment of Witness for Contempt Upon Complaint of Fire Marshal, Etc
Status: in_force

The Fire Marshal or deputy fire marshal may make formal complaint of the act of such witness to the judge of any court of record of the county in which the investigation is being held; and, if it shall then appear that the witness is guilty of a violation of Section 36-19-20, he shall, unless good cause is shown to the contrary, be imprisoned in the county jail until he purges himself of contempt.
Ala. Code § 36-25-5 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-5
Section 36-25-5 Use of Official Position or Office for Personal Gain
Status: in_force

(a) No public official or public employee shall use or cause to be used his or her official position or office to obtain personal gain for himself or herself, or family member of the public employee or family member of the public official, or any business with which the person is associated unless the use and gain are otherwise specifically authorized by law. Personal gain is achieved when the public official, public employee, or a family member thereof receives, obtains, exerts control over, or otherwise converts to personal use the object constituting such personal gain.

(b) Unless prohibited by the Constitution of Alabama of 1901, nothing herein shall be construed to prohibit a public official from introducing bills, ordinances, resolutions, or other legislative matters, serving on committees, or making statements or taking action in the exercise of his or her duties as a public official. A member of a legislative body may not vote for any legislation in which he or she knows or should have known that he or she has a conflict of interest.

(c) No public official or public employee shall use or cause to be used equipment, facilities, time, materials, human labor, or other public property under his or her discretion or control for the private benefit or business benefit of the public official, public employee, any other person, or principal campaign committee as defined in Section 17-22A-2, which would materially affect his or her financial interest, except as otherwise provided by law or as provided pursuant to a lawful employment agreement regulated by agency policy. Provided, however, nothing in this subsection shall be deemed to limit or otherwise prohibit communication between public officials or public employees and eleemosynary or membership organizations or such organizations communicating with public officials or public employees.

(d) No person shall solicit a public official or public employee to use or cause to be used equipment, facilities, time, materials, human labor, or other public property for such person’s private benefit or business benefit, which would materially affect his or her financial interest, except as otherwise provided by law.

(e) No public official or public employee shall, other than in the ordinary course of business, solicit a thing of value from a subordinate or person or business with whom he or she directly inspects, regulates, or supervises in his or her official capacity.

(f) A conflict of interest shall exist when a member of a legislative body, public official, or public employee has a substantial financial interest by reason of ownership of, control of, or the exercise of power over any interest greater than five percent of the value of any corporation, company, association, or firm, partnership, proprietorship, or any other business entity of any kind or character which is uniquely affected by proposed or pending legislation; or who is an officer or director for any such corporation, company, association, or firm, partnership, proprietorship, or any other business entity of any kind or character which is uniquely affected by proposed or pending legislation.
Ala. Code § 36-17-10 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-10
Section 36-17-10 Payment of Interest
Status: in_force

It is the duty of the fiscal agent to pay the interest on the bonded indebtedness of the state, upon presentation of the proper coupons and checks and, upon payment, to immediately cancel such coupons and checks and to forward the same to the Treasurer, by express or otherwise, as he directed.
Ala. Code § 36-6-130 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-130
Section 36-6-130 Short Title
Status: in_force

This division shall be known and may be cited as the Dimitri Polizos Act.
Ala. Code § 36-27-128 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-128
Section 36-27-128 Construction of Provisions
Status: reserved

The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System. However, those laws or parts of laws which are in direct conflict or inconsistent with this article are repealed to the extent of the conflict.
Ala. Code § 36-18-32.1 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-32.1
Section 36-18-32.1 Purpose; Disposition of Funds
Status: in_force

It is the intent of Act 2009-768 to effect the changes provided in criminal procedure, and concurrently, to reduce criminal conduct by promoting good citizenship education. The amounts specified by Section 36-18-32 to be remitted to the Citizenship Trust shall be appropriated, expended, and audited in the manner provided by Article 2 of Chapter 44A of Title 16, of which one half shall be for the David Mathews Center for Civic Life. Any funds allotted under this section shall be reviewed by the Joint Legislative Oversight Committee on Alabama’s Veterans Living Legacy created by Section 16-44A-59.
Ala. Code § 36-7-23 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-23
Section 36-7-23 Applicability of Article; Repeal of Conflicting Laws
Status: reserved

The provisions of this article shall apply to all officers and employees of the State of Alabama or any of its departments, institutions, boards, bureaus, commissions, councils, committees or other like agencies and to all persons traveling on official business for the state.

All laws or parts of laws in conflict with these provisions pertaining to expense allowances are expressly repealed.
Ala. Code § 36-26-36.1 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-36.1
Section 36-26-36.1 Conversion of Unused Sick Leave into Membership Service for Retirement Purposes
Status: in_force

(a) Any Tier I plan member of the Teachers’ or Employees’ Retirement System of Alabama not otherwise covered by a provision to convert unused sick leave into membership service for purposes of service retirement may, at their option and in lieu of receiving payment for 50 percent of their accrued and unused sick leave at the time of their retirement as provided in Section 36-26-36, or any other payment that may be provided for such unused sick leave, use their accrued sick leave, up to a maximum number of 180 accrued sick leave days or as otherwise allowed by law, whichever is greater, to be included as membership service in determining the total years of creditable service in the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama; provided that no employee of an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6 shall be entitled to the benefits provided herein unless such employer shall elect to come under the provisions of this section and further elects to fund the benefits provided herein. Unused sick leave may be converted to membership service only for the purpose of applying for service retirement and may be considered in the determination of eligibility for retirement. The conversion shall not apply to eligibility for deferred retirement. It is further provided that if a Tier I plan member eligible for service retirement is also eligible for disability retirement the member may elect disability retirement and also receive credit for accumulated sick leave pursuant to this section. No Tier I plan member shall receive both service credit provided for by this section and payment or partial payment for accrued sick leave pursuant to any other provision of law.

(b) The conversion of accrued sick leave into creditable service provided in this section shall not apply to any Tier II plan member.
Ala. Code § 36-27-58.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-58.1
Section 36-27-58.1 Purchase of Credit for Certain Members Away from Work Due to Job-Related Injury
Status: in_force

(a) Notwithstanding any other laws, any active and contributing member of the Employees’ Retirement System of Alabama may purchase up to two years of service credit for the time he or she was receiving benefits pursuant to the Alabama Workers’ Compensation Act, commencing with Section 25-5-1, and was absent from work due to a work related and compensable injury; provided that the member returned to work with his or her covered employer within one year following cessation of workers’ compensation benefits. The Board of Control of the Employees’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the service that the member desires to purchase credit for in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Employees’ Retirement System shall be eligible to receive credit for any period of time that the member is already credited with in the system or in any other retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit in the Employees’ Retirement System under subsection (a) shall pay to the Secretary-Treasurer of the system within two years from the end of the disability period for which credit is sought for the claimed service, a lump sum equal to the full actuarially required cost for each year of service credit purchased as determined by the actuary for the system.
Ala. Code § 36-25-23 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-23
Section 36-25-23 Lobbying Activities Prohibited During Elected Term of Office; Floor Privileges of Former Members of Legislature; Solicitation of Lobbyists by Public Officials or Employees; Contracts to Provide Lobbying Services Contingent Upon Legislative Action
Status: in_force

(a) No public official elected to a term of office shall serve for a fee as a lobbyist or otherwise represent a client, including his or her employer, before any legislative body or any branch of state or local government, including the executive and judicial branches of government, and including the Legislature of Alabama or any board, agency, commission, or department thereof, during the term or remainder of the term for which the official was elected. For purposes of this subsection, such prohibition shall not include a former member of the Alabama Judiciary who as an attorney represents a client in a legal, non-lobbying capacity.

(b) No former member of the House of Representatives or the Senate of the State of Alabama shall be extended floor privileges of either body in a lobbying capacity.

(c) No public official, public employee, or group of public officials or public employees shall solicit any lobbyist to give any thing whether or not the thing solicited is a thing of value to any person or entity for any purpose other than a campaign contribution.

(d) No principal or lobbyist shall accept compensation for, or enter into a contract to provide lobbying services which is contingent upon the passage or defeat of any legislative action.
Ala. Code § 36-26-8 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-8
Section 36-26-8 Director of Personnel - Executive Head of Department; Powers and Duties Generally; Agreements with Political Subdivisions of State; Cooperation with Other Governmental Agencies
Status: in_force

(a) The director, as executive head of the department, shall direct and supervise all its administrative and technical activities.

(b) It shall be the duty of the director to:

(1) Attend all meetings of the board, act as its secretary, and record its official actions.

(2) Appoint, with the approval of the board, such employees of the department and such experts and special assistants as necessary to carry out effectively this article.

(3) Prepare and recommend rules and regulations for the administration of this article.

(4) Recommend and, on its adoption, establish, administer, and execute a classification plan for the state service.

(5) Submit to the Governor, after its approval by the board, a pay plan for all positions in the state service.

(6) Conduct tests, formulate employment registers, and certify persons qualified for appointment, devise and administer employee service ratings and develop employee welfare and training programs.

(7) Recommend and, upon adoption by the board, administer an in-service training program.

(8) Approve all payrolls or other compensations for personal services within the state service before they may be lawfully authorized for payment.

(9) Establish and maintain a roster of all the officers and employees in the state service.

(10) Make such investigations pertaining to personnel, salary scales, and employment conditions in the state service as may be requested by the board, the Governor, or the Legislature.

(11) Make investigations concerning the administration and effect of this article and the rules made thereunder and report the findings and recommendations to the board.

(12) Make an annual report to the board.

(13) Perform any other act required under this article or required by the board which may be necessary to effect its purposes and spirit.

(14) Appoint one employee of the department to be deputy. In case of the absence of the director or his or her inability to discharge the powers and duties of the office, such powers and duties shall devolve upon the deputy, who shall be a citizen of Alabama.

(15) Select officers or employees in the state service to act as examiners in the preparation and rating of tests. An authority may excuse any employee from regular duties for the time required for work as an examiner. Officers and employees shall not be entitled to extra pay for service as examiners but shall be entitled to reimbursement for necessary traveling and other expenses.

(c) The director may join or subscribe to any association or service having as its purpose the interchange of information relating to the improvement of personnel administration.

(d) Subject to approval of the State Personnel Board, the director may enter into agreements with any municipality or other political subdivision of the state to furnish services and facilities of the department to the municipality or political subdivision in the administration of its personnel on merit principles. Any agreement shall provide for the reimbursement to the state of the reasonable cost of the services and facilities furnished as determined by the director. All municipalities and political subdivisions of the state may enter into those agreements. Funds obtained as reimbursement for services shall be deposited into the accounts of the State Personnel Department and may be expended to help defray the expenses of the department.

(e) The director may cooperate with governmental agencies for other jurisdictions within this state charged with personnel administration in conducting joint tests for establishing lists from which eligibles shall be certified for appointment in accordance with the respective laws.
Ala. Code § 36-1A-2 — Alabama Code / Title 36 / Chapter 1A / Section 36-1A-2
Section 36-1A-2 Purpose
Status: in_force

The Legislature finds that:

(1) It is the policy of the state to lessen the burden of government at both the state and local levels in meeting the needs of human health, welfare and human care services by supporting charitable giving;

(2) There is a need to provide a single convenient channel through which public employees may support charitable fund-raising federations and agencies of their choice while minimizing workplace disruption and administrative cost to Alabama taxpayers;

(3) It is necessary to establish a system to plan and implement one annual charitable fund-raising campaign among state employees in order to ensure that the funds will be collected and distributed in a responsible manner; and

(4) It is the policy of the state to permit time in the working day during the prescribed campaign period sufficient for volunteers to participate in the state campaign, with the approval of the department heads.
Ala. Code § 36-26-35.1 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-35.1
Section 36-26-35.1 Annual Leave Carry Over Limit Increased for Certain Personnel
Status: in_force

(a) Notwithstanding any other laws, the carry over limit on annual leave for personnel in state departments and agencies who are assigned to work on year 2000 (Y2K) problems and projects may be increased from 480 to not more than 714 hours of annual leave for the years beginning on January 1, 2000, January 1, 2001, and January 1, 2002, upon request by the appointing authority to the Director of Finance for his or her approval of an increase in the limit.

(b) When the Director of Finance approves an increased limit on annual leave for such an employee pursuant to subsection (a), the employee shall earn the additional annual leave in excess of 480 hours in accordance with the schedule for accumulation of annual leave prescribed in subsection (a) of Section 36-26-35.

(c) On December 31, 2002, the carry over limit of 480 hours of annual leave shall again be applicable to any state employee who was excepted from the limit for a certain time under the foregoing provisions of this section.

(d) No employee carrying over more than 480 hours of annual leave under this section shall be compensated for more than 480 hours of accumulated annual leave upon his or her retirement, resignation, or termination.
Ala. Code § 36-29-15 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-15
Section 36-29-15 Coverage of Members of Legislature, Lieutenant Governor and Dependents; Limitation of Benefits; Payment of Premiums; Rules and Regulations
Status: in_force

(a) Any member of the Legislature and the Lieutenant Governor, during their term of office, and their dependents, shall be eligible for coverage under the State Employees’ Health Insurance Plan and upon expiration of their term of office may continue such coverage for a maximum of 36 months.

(b) Preexisting conditions shall not be covered until the insured has been covered under the plan for a period of 12 months, provided, however, that any legislator enrolling within 30 days of April 23, 1990 or within 30 days of the beginning of any calendar year thereafter shall not be subject to this limitation of benefits. A preexisting condition is any condition for which the insured or their covered dependent received medical treatment, advice or consultation or received any prescribed medication within 12 months of the effective date of the insured’s coverage under the plan.

(c) The premiums for the insurance coverage for a legislator, the Lieutenant Governor and their dependents shall be paid by the individual legislator and the Lieutenant Governor.

(d) The State Employees’ Insurance Board shall promulgate such rules and regulations as may be required for the effective administration of the provisions of this section.
Ala. Code § 36-1-12 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-12
Section 36-1-12 Sovereign Immunity
Status: in_force

(a) For the purposes of this section, “education employee” means a certified or noncertified employee of the State Board of Education or any local board of education and an employee of the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, the Department of Youth Services, or the Alabama School of Mathematics and Science.

(b) An officer, employee, or agent of the state, including, but not limited to, an education employee, acting in his or her official capacity is immune from civil liability in any suit pursuant to Article I, Section 14, of the Constitution of Alabama of 2022.

(c) An officer, employee, or agent of the state, including, but not limited to, an education employee, is immune from civil liability in his or her personal capacity when the conduct made the basis of the claim is based upon the agent’s doing any of the following:

(1) Formulating plans, policies, or designs.

(2) Exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as:

a. Making administrative adjudications.

b. Allocating resources.

c. Negotiating contracts.

d. Hiring, firing, transferring, assigning, or supervising personnel.

(3) Discharging duties imposed on a department or agency by statute, rule, or regulation, insofar as the statute, rule, or regulation prescribes the manner for performing the duties and the state agent performs the duties in that manner.

(4) Exercising judgment in the enforcement of the criminal laws of the state, including, but not limited to, law enforcement officers’ arresting or attempting to arrest persons.

(5) Exercising judgment in the discharge of duties imposed by statute, rule, or regulation in releasing prisoners, counseling or releasing persons of unsound mind, or educating students.

(d) Notwithstanding subsection (c), an education employee, officer, employee, or agent of the state is not immune from civil liability in his or her personal capacity if:

(1) The Constitution or laws of the United States, or the Constitution of this state, or laws, rules, or regulations of this state enacted or promulgated for the purpose of regulating the activities of a governmental agency require otherwise; or

(2) The education employee, officer, employee, or agent acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.

(e) This section shall not be construed to eliminate, alter, or otherwise modify any other immunity regarding officers, employees, or agents of the state established under the Constitution and laws of this state.
Ala. Code § 36-11-18 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-18
Section 36-11-18 Execution of Process, Etc., Where Sheriff or Clerk of Court Subject to Impeachment Proceedings
Status: in_force

In all cases in which the sheriff is the party accused, all process relating to the case shall be executed by the coroner of the county or, if there is no coroner, then by such other person as may be appointed by the court or a judge in vacation. If the accused is the clerk of the court, then the court or judge thereof shall appoint a special clerk, who shall be some reliable and responsible person and who shall perform and discharge all the duties of the office as to this particular case, under the direction of the court or the judge thereof, until such case is finally determined, and who shall be liable to all penalties prescribed by law for any misfeasance, malfeasance or nonfeasance in the discharge of the duties of such office.
Ala. Code § 36-29-19.2 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-19.2
Section 36-29-19.2 The State Employees’ Insurance Board May Offer Supplemental Coverage
Status: in_force

The board may no later than January 1, 2006, offer employees a supplemental coverage to other employer group health insurance coverage.

(1) For employees who have spouses with other employer group health insurance coverage available to them through their employer, or previous employer, the board may provide such employees with a supplemental coverage to the other employer group health insurance coverage in lieu of coverage in the basic medical plan of the State Employees’ Health Insurance Plan.

(2) An employer that provides its employees and their spouses with other employer group health insurance coverage may not exclude an employee, as defined under Section 36-29-1, or his or her spouse from coverage by application of a provision which does not also apply on the same terms and conditions to other employees or their spouses. No provision of this section requires an employer to amend its plan to provide additional benefits.
Ala. Code § 36-2-9 — Alabama Code / Title 36 / Chapter 2 / Section 36-2-9
Section 36-2-9 Exercise of Duties of Office by State Official Without First Obtaining Commission
Status: in_force

Any state officer required by law to be commissioned who exercises any of the duties of the office to which he has been elected or appointed without having first obtained his commission must, on conviction, be fined not less than $5.00 nor more than $20.00.
Ala. Code § 36-29-25 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-25
Section 36-29-25 Rules and Regulations
Status: in_force

The board may promulgate rules and regulations concerning the selection of benefits offered and such other rules and regulations as may be required for the effective administration of this article.
Ala. Code § 36-6-70 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-70
Section 36-6-70 Arresting Officer Salary Increase
Status: in_force

Effective with the first payday on or after February 1, 2002, all arresting officers employed by the Department of Public Safety shall receive a two-step, five percent, salary increase without affecting normal annual merit raise considerations, provided that the increases are within currently established pay ranges for the respective classifications. The Director of the State Personnel Department shall certify the same to the state Comptroller who shall issue warrants in accordance therewith.
Ala. Code § 36-29-14 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-14
Section 36-29-14 Health Insurance Coverage Under State Employees’ Insurance Board; Operation of Board
Status: in_force

(a) Any agency of the state, or any governmental entity, body, or subdivision thereto, any county, any municipality, any municipal foundation, any fire or water district, authority, or cooperative, any regional planning and development commission established pursuant to Sections 11-85-50 through 11-85-73, that is not and was not for the 12 months immediately preceding the date of application to participate in any plan created pursuant to the provisions of this article a member of an existing government sponsored health insurance program, formed under the provisions of Section 11-26-2, the Association of County Commissions of Alabama or the Alabama League of Municipalities, the Alabama Retired State Employees’ Association, the Alabama State Employees Credit Union, Easter Seals Alabama, Alabama State University, the Alabama Rural Water Association, Rainbow Omega, Incorporated, The Arc of Alabama, Incorporated, and any of the affiliated local chapters of The Arc of Alabama, Incorporated, United Ways of Alabama and its member United Ways, the Alabama Network of Children’s Advocacy Centers and its member Children’s Advocacy Centers, any railroad authority organized pursuant to Chapter 13, Title 37, or any solid waste disposal authority organized pursuant to Chapter 89A, Title 11, by resolution legally adopted to conform to rules prescribed by the State Employees’ Insurance Board, may elect to have its officers, members, employees, and retired employees become eligible for health insurance coverage under the State Employees’ Insurance Board without any liability to the state or the State Employees’ Health Insurance Plan.

(b) Acceptance of the employees identified in subsection (a) shall be optional with the State Employees’ Insurance Board.

(c) Employees, officers, members, and retirees who are eligible for health insurance pursuant to this section shall be entitled to coverage and benefits as designated by the State Employees’ Insurance Board.

(d) Any portion of the cost of the insurance coverage as determined by the State Employees’ Insurance Board for the employees, officers, members, and retirees and their dependents pursuant to this section may be paid by the employer.

(e) The chief fiscal officer of each employer shall remit to the State Employees’ Insurance Board the amount of premiums required for employee and dependent coverage under this section. The employer shall furnish the necessary information to the State Employees’ Insurance Board.

(f) The agreement of any employer to have its employees, officers, members, and retirees to be covered under the health insurance plan provided by the State Employees’ Insurance Board may be revoked only by complying with the following provisions:

The employer, by resolution of the governing body, shall signify its intention and desire to withdraw from such plan in writing and by delivering a copy of such resolution by certified mail to the State Employees’ Insurance Board no later than six months prior to the effective date of withdrawal. Any employer that withdraws from participation in such plan shall be responsible for paying its claims incurred prior to the date of withdrawal, but not reported and paid prior to the date of withdrawal. The withdrawing employer shall also be liable for interest which will accrue at a rate of one and one-half percent per month on any monies due to the State Employees’ Insurance Board which are over 30 days past due. Any organization which provides or administers health insurance benefits through the Local Government Health Insurance Program shall not provide or administer health insurance benefits to any entity which withdraws from the Local Government Health Insurance Program for a period of two years from the effective date of withdrawal.

(g) The State Employees’ Insurance Board shall promulgate such rules and regulations as may be necessary for the effective administration of the provisions of this section.

(h) In addition, the State Employees’ Insurance Board shall engage such actuarial and other special services as shall be required to transact the business of the board. The compensation of all persons engaged by the board, with the exception of clerical employees who shall be employed under the Merit System Act, and all other expenses of the board necessary for the operation of the board shall be paid at such rates and in such amounts as the board shall approve.
Ala. Code § 36-5-40 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-40
Section 36-5-40 Additional Bonds of Director of Finance, Treasurer or Other State Officers - When Required
Status: in_force

It shall be the duty of the Governor to require additional bonds of the Director of Finance and Treasurer or any other officer whose bond is required to be approved by the Governor whenever in his opinion the interest of the state demands.
Ala. Code § 36-14-10 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-10
Section 36-14-10 Disposal of Certain Books, Acts, Codes, Etc. - Receipt of Doorkeeper Sufficient Voucher for Books, Etc
Status: in_force

The receipt of the doorkeeper of the Senate or House of Representatives is a sufficient voucher for the Secretary of State for each book so receipted for, and a receipt of a member of either house to the doorkeeper thereof is a sufficient voucher for the doorkeeper.
Ala. Code § 36-19-9 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-9
Section 36-19-9 Promulgation of Regulations for Fire Prevention and Protection of Any Construction or Building, Etc., and Keeping, Storing, Etc., of Explosives, Etc., by Fire Marshal
Status: in_force

The Fire Marshal, subject to the approval of the Commissioner of Insurance, shall make regulations for fire prevention and protection of any construction or building, exits or other safety measures and the keeping, storing, use, manufacture, sale, handling, transportation or other disposition of rubbish and highly inflammable materials, gunpowder, dynamite, carbide, crude petroleum or any of its products, explosives or inflammable fluids or compounds, tablets, torpedoes or any explosive of like nature including all fireworks, and may prescribe the material and construction of receptacles and buildings to be used for any of said purposes.
Ala. Code § 36-22-5 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-5
Section 36-22-5 Conduct of Special Investigations and Preparation of Reports as to Alleged Violations of Law
Status: in_force

The sheriffs in their respective counties, whenever directed to do so in writing by the district attorney or by the Attorney General or Governor, shall make special investigation of any alleged violation of the law in their counties and shall prepare a written report setting forth what information has been obtained as a result of such investigation together with the names of such witnesses as have been secured with a summary of what can be proven by such witnesses, which report shall promptly after its preparation be presented to the official who directed the investigation and, if such official shall be the Governor or Attorney General, he may present it to any solicitor prosecuting criminal cases in the county. The sheriff of the county shall proceed promptly by himself or by a competent deputy of experience and fidelity to make such investigation when directed as aforesaid.
Ala. Code § 36-20-50 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-50
Section 36-20-50 Definitions
Status: in_force

For purposes of this article, the following terms shall have the following meanings:

(1) AUTHENTIC ACT. An instrument executed by a civil law notary referencing this article, which includes the particulars and capacities to act of transacting parties, a confirmation of the full text of any necessary instrument, the signatures or their legal equivalent thereof of any transacting parties, the signature and seal of a civil law notary, and such other information prescribed by the Secretary of State.

(2) BREVET. A private document in which the civil law notary attests to the authenticity of the signature or signatures, a fact or a contract. Brevets may be used, among other things, to certify signatures, prescribe oaths, certify a translation or a copy of a document that is not part of the civil law notaries protocol, or certify the identity of any object or thing.

(3) CIVIL LAW NOTARY. A person who is admitted to the practice of law in this state, who has practiced law in a United States jurisdiction for at least five years, and who is appointed by the Secretary of State as a civil law notary.

(4) MINUTE. An authentic act written by a civil law notary which contains the exact narration of a finding of fact or facts influencing the rights of private parties of which the civil law notary has personal knowledge and that due to the nature of the authentic act does not constitute a contract or juridical business. The types of minutes include, but may not be limited to, the following:

a. General Minutes. A minute providing a certification of general facts known to the civil law notary.

b. Minutes of Notoriety. A minute providing a certification that a fact is generally known by the people who have a direct or close relationship with the factual situation or its consequences, or who belong to the social or economic environment of the person affected by a particular fact.

c. Minutes of Correction. A minute for the purpose of rectifying minor errors in form or omissions made by the civil law notary in prior authentic acts.

d. Minutes of Addition. A minute for the purpose of including a document in the civil law notary’s protocol in order to provide for preservation of the document; limited memorialization of domestic private documents and/or execution of foreign legal documents.

(5) NOTARIAL DEED. An authentic act in which contains a contract, transaction, or other juridical act and which may also include the certification of facts. Notarial deeds may involve either a single party, as in the case of a will, or multiple parties, as with a contract.
Ala. Code § 36-29-51 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-51
Section 36-29-51 Health Reimbursement Arrangement
Status: in_force

(a) As used in this section, the term health reimbursement arrangement or HRA means a plan qualifying as a health reimbursement arrangement as that term is defined under IRS Notice 2002-45 and a medical reimbursement plan under Sections 105 and 106 of the Internal Revenue Code of 1986, as amended.

(b) The State Employees’ Insurance Board may offer a health reimbursement arrangement to eligible active and retired state employees and their dependents. The terms and conditions of the HRA shall be established by the board in accordance with federal requirements and limitations.

(c) Participants in the HRA are eligible to receive an employer contribution into the participant’s HRA from the State Employees Insurance Fund in an amount to be determined by the board. Employer contributions into the participant’s HRA shall not constitute compensation to an employee for the purposes of any statute fixing or limiting the compensation of the employee.
Ala. Code § 36-19-4 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-4
Section 36-19-4 Right of Fire Marshal, Etc., to Enter Buildings, Etc., for Purposes of Investigations or Inspections
Status: in_force

The Fire Marshal, his deputies or any of his assistants may at all hours enter any building or premises within this state for the purpose of making an investigation or inspection which under the provisions of this article he or they may deem necessary to be made.
Ala. Code § 36-1-3 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-3
Section 36-1-3 Reduction of Number of Printed Copies of Reports
Status: in_force

Any state official who by law is required to publish an annual, biennial or quadrennial report is authorized to reduce the actual number of printed copies now required by law if, in the opinion of said officer, a decreased number of copies will adequately supply the needs of his department and the public demand; provided, that where more than 500 copies are required by law, the number of printed copies may not be reduced to less than 500 copies.
Ala. Code § 36-6-131 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-131
Section 36-6-131 Persons Eligible
Status: in_force

Beginning with the first pay day on or after October 1, 2019, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the State Merit System or not, and all employees of the county health departments who are employed subject to the State Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of two percent.
Ala. Code § 36-22-8 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-8
Section 36-22-8 Sheriff to Maintain Record Book as to Prisoners Received into County Jail; Contents Thereof
Status: in_force

The sheriff must keep, in his office and subject to the inspection of the public during office hours, a well-bound book, to be procured at the expense of the county, in which he must enter a description of each prisoner received into the county jail, showing the name, age, sex, color and any other distinguishing marks, together with the charge for which such prisoner is held, the order and date of commitment and the order and date of release.
Ala. Code § 36-26-45 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-45
Section 36-26-45 Payment of Expenses of Department
Status: in_force

The salaries and all other expenses of the department arising under the provisions of this article shall be paid from the appropriations provided. Vouchers shall be signed by the director or in the absence of the director by his deputy and submitted to the Comptroller who shall draw his warrant in payment thereof.
Ala. Code § 36-18-39 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-39
Section 36-18-39 Construction
Status: in_force

This article shall be broadly construed and, if necessary, reconstrued to make its provisions constitutional.
Ala. Code § 36-22-12 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-12
Section 36-22-12 Sales Book
Status: in_force

The sheriff must keep a sales book in which he must enter all the property sold by him under any process from any court, a brief description of such process, when the property was sold, the purchaser and at what price.
Ala. Code § 36-27D-1 — Alabama Code / Title 36 / Chapter 27D / Section 36-27D-1
Section 36-27D-1 Forfeiture or Suspension of Retirement Benefits; Refunds; Liability. (Amended by Act 2026-333)
Status: in_force

AMENDED BY ACT 2026-333, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) On and after May 15, 2012, any individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund who has an accrued benefit shall forfeit retirement benefits upon a guilty plea, a plea of no contest, or a final judgment by the trial court of a felony offense if that offense is related to or arises out of, or in connection with, his or her service in that public position, and the individual shall be entitled to a refund of his or her retirement contributions and applicable interest.

(b) On and after July 1, 2024, any individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund who has an accrued benefit shall forfeit retirement benefits upon a guilty plea, a plea of no contest, or a final judgment by the trial court of any offense set forth in Article 4A of Chapter 6 or Division 4 of Article 4 of Chapter 12 of Title 13A, and the individual shall be entitled to a refund of his or her retirement contributions and applicable interest.

(c) A retired member receiving benefits, upon a plea or judgment set forth in subsection (a) or (b), shall have his or her retirement benefit suspended. In the event a retired member receiving benefits has not received retirement benefits exceeding the amount of his or her contributions and interest, he or she shall receive a refund of his or her remaining contributions and interest.

(d) Upon conviction of a crime as described in subsection (a) or (b), the trial court shall promptly provide written notice of the conviction to the Board of Control of the Employees’ Retirement System, the Board of Control of the Teachers’ Retirement System, or the Judicial Retirement Fund, or any combination thereof, as applicable. Any failure by the convicting court to provide notice pursuant to this subsection shall not affect or delay any forfeiture provision set forth in this section.

(e) Officers and employees of the Employees’ Retirement System, the Teachers’ Retirement System, and the Judicial Retirement Fund are immune from any civil or criminal liability for any action taken pursuant to this section.
Ala. Code § 36-25A-9 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-9
Section 36-25A-9 Enforcement; Hearings; Penalties and Remedies
Status: in_force

(a) This chapter is designed and intended to hold members of governmental bodies, and the bodies themselves, accountable to the public for violations of this chapter. Therefore, enforcement of this chapter, except a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county where the governmental body’s primary office is located by any media organization, any Alabama citizen impacted by the alleged violation to an extent which is greater than the impact on the pubic at large, the Attorney General, or the district attorney for the circuit in which the governmental body is located; provided, however, that no member of a governmental body may serve as a plaintiff in an action brought against another member of the same governmental body for an alleged violation of this chapter. The complaint shall be verified, shall state specifically the applicable ground or grounds for the complaint as set out in subdivisions (1) through (4) of subsection (b), and shall name in their official capacity all members of the governmental body remaining in attendance at the alleged meeting held in violation of this chapter. If filed by an Alabama citizen, the complaint shall state specifically how the person is or will be impacted by the alleged violation to an extent which is greater than the impact on the public at large. Members of a governmental body who are named as a defendant in a complaint under this chapter shall serve an initial response to the complaint within seven business days of personal service of the complaint. A preliminary hearing on the complaint filed shall be held no later than 10 business days after the date of the filing of the defendant or defendants’ initial response to the complaint or, if no response is filed, no later than 17 business days after the filing of the complaint, or on the nearest day thereafter as the court shall fix, having regard to the speediest possible determination of the cause consistent with the rights of the parties.

(b) In the preliminary hearing on the complaint, the plaintiff shall establish by a preponderance of the evidence that a meeting of the governmental body occurred and that each defendant attended the meeting. Additionally, to establish a prima facie case the plaintiff must present substantial evidence of one or more of the following claims:

(1) That the defendants disregarded the requirements for proper notice of the meeting pursuant to the applicable methods set forth in Section 36-25A-3.

(2) That the defendants disregarded the provisions of this chapter during a meeting, other than during an executive session.

(3) That the defendants voted to go into executive session and while in executive session the defendants discussed matters other than those subjects included in the motion to convene an executive session as required by Section 36-25A-7(b).

(4) That, other than a claim under subdivisions (1) through (3), the defendants intentionally violated other provisions of this chapter.

(c) If the court finds that the plaintiff has met its initial burden of proof as required in subsection (b) at the preliminary hearing, the court shall establish a schedule for discovery and set the matter for a hearing on the merits. If, at the preliminary hearing, the plaintiff has presented its prima facie case that an executive session appears to have been improperly conducted as set out in subsection (b)(3), the defendants shall bear the burden of proof at the hearing on the merits to prove by a preponderance of the evidence that the discussions during the executive session were limited to matters related to the subjects included in the motion to convene an executive session required in Section 36-25A-7(a).

(d) During a proceeding involving claims brought under subsection (b)(3), the court shall conduct an in camera proceeding or adopt another procedure as necessary to protect the confidentiality of the matters discussed during the executive session, and if there is a determination that the executive session was authorized by this chapter, the matters shall not be disclosed or utilized in any other legal proceeding by any individual or attorney who attends the in camera portion of the proceedings.

(e) Upon proof by a preponderance of the evidence of a defendant’s violation of this chapter, the circuit court shall issue an appropriate final order including, if appropriate, a declaratory judgment or injunction. Prior to a final determination of the merits, temporary restraining orders or preliminary injunctions may be issued upon proper motion and proof as provided and required in the Alabama Rules of Civil Procedure. A final order on the merits shall be issued within 60 days after the preliminary hearing unless a longer period is consented to by all parties and the court.

(f) The court may invalidate the action or actions taken during a meeting held in violation of this chapter, provided that the complaint is filed within 21 days of the date when the action is made public, the violation was not the result of mistake, inadvertence, or excusable neglect, and invalidation of the governmental action taken would not unduly prejudice third parties who have changed their position or taken action in good faith reliance upon the challenged action of the governmental body; provided further, however, that any action taken at an open meeting conducted in a manner consistent with this chapter shall not be invalidated because of a violation of this chapter which occurred prior to such meeting.

(g) A final order issued against a defendant shall state specifically upon which claim or claims in subdivisions (1) through (4) the ruling is based. For each meeting proven to be held in violation of this chapter for one or more reasons, the court shall impose a civil penalty payable to the plaintiff(s). The maximum penalty for each meeting shall not exceed one thousand dollars ($1,000) or one half of the defendant’s monthly salary for service on the governmental body, whichever is less. The minimum penalty shall be one dollar ($1). With regard to claims related to improper discussions during executive sessions, monetary penalties may only be assessed against defendant members of a governmental body who voted to go into an executive session and who remained in the executive session during a discussion determined by the court not to have been authorized by this chapter. Penalties imposed against a member of a governmental body found to have acted in violation of this chapter shall not be paid by nor reimbursed to the member by the governmental body he or she serves. If more than one cause of action is filed pursuant to this chapter, all causes of action based on or arising out of the same alleged violation or violations shall be consolidated into the action that was first filed and any party may intervene into the consolidated action pursuant to the Alabama Rules of Civil Procedure, and no member found to have acted in violation of this chapter by a final court order and assessed a penalty as authorized herein shall be subject to further liability or penalty to the same or different plaintiffs in separate causes of action for the same violation or violations.

(h) A governmental body is authorized to pay for or provide for the legal expenses of present or former members of the body named as defendants in a proceeding under this chapter.
Ala. Code § 36-27A-2 — Alabama Code / Title 36 / Chapter 27A / Section 36-27A-2
Section 36-27A-2 Creation; Administered by Board of Control, Etc.; Composition of Board
Status: in_force

There is hereby created a fund or funds which shall be known collectively as the Public Employees’ Individual Retirement Account Fund (PEIRAF). The PEIRAF shall be administered by the Secretary-Treasurer of the Employees’ Retirement System under the supervision and direction of a board of control which shall be composed of members of the investment committees of the Teachers’ and Employees’ Retirement Systems of Alabama.
Ala. Code § 36-28-7 — Alabama Code / Title 36 / Chapter 28 / Section 36-28-7
Section 36-28-7 Collection, Etc., of Contributions of State Employees
Status: in_force

(a) Every employee of the state whose services are covered by an agreement entered into under Section 36-28-4 shall be required to pay for the period of such coverage into the Contribution Fund established by Section 36-28-8 contributions with respect to wages, as defined in Section 36-28-1, equal to the amount of tax which would be imposed by Section 3101 of Title 26, U.S.C.A., if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the employee’s retention in the service or his entry upon such service after November 1, 1950.

(b) The contribution imposed by this section shall be collected by the state by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution. The persons or department preparing the payrolls through which employees covered by the agreement are paid shall make such reports to the state Comptroller as are deemed necessary upon forms supplied by the Comptroller.

(c) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments or refund if adjustment is impracticable shall be made, without interest, in such manner and at such times as the state Comptroller shall prescribe.
Ala. Code § 36-27-6.2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-6.2
Section 36-27-6.2 Participation of Employees of Counties, Towns, Public or Quasi-Public Organizations, Etc. - Purchase of Credit for Service in Position Previously Excluded
Status: in_force

(a) Any active and contributing member of the Employees’ Retirement System who is an employee of an employer participating in the system pursuant to Section 36-27-6, and whose current position was once excluded by the employer from participating in the system, may receive credit in the system for the period of full-time service for which his or her position was excluded by the employer from participating in the system, provided the member claiming the credit has been continuously employed by the employer since January 1, 1987, and the member performs and complies with the conditions prescribed in subsection (b).

(b) A member of the Employees’ Retirement System eligible to purchase credit in the system under subsection (a) shall receive the credit after satisfying the following conditions:

(1) Within one year of October 1, 1998, the member shall contribute to the Employees’ Retirement System for each year of credit claimed the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

(2) The employer shall certify in writing to the Employees’ Retirement System the dates of the period of full-time employment for which the member is claiming credit.
Ala. Code § 36-27-2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-2
Section 36-27-2 Creation; Designation; Purpose, Powers, Privileges, Management, Etc., Thereof Generally; Powers, Duties, Etc., of Board of Control; Immunity of State Officers, Etc
Status: in_force

(a) A retirement system is hereby established as a body corporate and placed under the management of the Board of Control for the purpose of providing retirement allowances and other benefits under the provisions of this article for employees of the State of Alabama. The retirement system so created shall be established as of October 1, 1945. It shall have the power and privileges of a corporation and shall be known as the “Employees’ Retirement System of Alabama,” and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held in trust for the purpose for which received.

(b) Any provision of law to the contrary notwithstanding, the Boards of Control of the Teachers’ Retirement System of Alabama and the Employees’ Retirement System of Alabama shall have vested in them all powers necessary to fulfill their fiduciary duty as trustees to members of each respective system including the power to sue and be sued, complain and defend in their own names; provided, however, that as instrumentalities of the state funded by the state, the retirement systems, their officers, and employees shall be immune from suit to the same extent as the state, its agencies, officers, and employees.
Ala. Code § 36-11-20 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-20
Section 36-11-20 Amendments Allowed in Trial of Case; Matters as to Which Evidence May Be Introduced
Status: in_force

In all cases instituted under the provisions of this chapter, any and all amendments necessary to a trial of the case upon its merits shall be allowed. Witnesses may testify to any facts or circumstances within their knowledge which may show or tend to show that the accused has been guilty of any of the offenses or delinquencies charged against him or is incompetent, as the case may be; and, in like manner, the accused must have a similar right to introduce like evidence to show that he has not been guilty of the offenses or delinquencies charged against him or that he is not incompetent, as the case may be.
Ala. Code § 36-15-5.2 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-5.2
Section 36-15-5.2 Chief Deputy Attorney General
Status: in_force

(a) The office of Chief Deputy Attorney General is hereby created and shall be established. The Chief Deputy Attorney General shall be appointed by the Attorney General, shall serve at the pleasure of the Attorney General and shall be a commissioned officer of the State of Alabama. The chief deputy shall possess the qualifications required by law for election as Attorney General.

(b) The Chief Deputy Attorney General shall have all the power and authority heretofore or hereafter conferred by law on the Attorney General, which he or she may exercise in the absence of the Attorney General. The chief deputy shall also perform such duties and exercise such powers as the Attorney General may direct.

(c) The Chief Deputy Attorney General shall be entitled to receive compensation, salaries, expenses or benefits in the same manner as provided for deputy attorneys general. The compensation, salary, expenses and benefits of the chief deputy shall be paid from the State Treasury in the same manner that the salary or expenses of employees in the classified service are paid.
Ala. Code § 36-27-55 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-55
Section 36-27-55 Purchase of Prior Service Credit by Certain Members with Prior Service in Office of Agriculture Economics at Auburn University; Cost; Termination Date
Status: in_force

(a) Any acting and contributing member of either the Teachers’ or the Employees’ Retirement System may elect to purchase prior service credit for any full time employment he or she had in the Office of Agriculture Economics at Auburn University, provided such person complies with the following conditions prescribed in this section.

(b) Any member eligible to claim and purchase such credit for service under subsection (a) of this section shall be awarded creditable service under either the Teachers’ or the Employees’ Retirement System, as the case may be, provided he or she shall pay into his or her retirement system or fund, prior to said member’s date of retirement and prior to October 1, 1991, a sum equal to a percentage of his or her current annual earnable compensation, or average final compensation, whichever is greater, for each year of service purchased; the applicable percentage of this current annual earnable compensation or average final salary, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation, for each year of service purchased.

(c) The provisions of this section to reopen the retirement system or fund shall terminate October 1, 1991, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1991.
Ala. Code § 36-5-13 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-13
Section 36-5-13 Attorneys Not Deemed Sufficient Sureties on Official Bonds of Probate Judges, Sheriffs, Constables, Etc
Status: in_force

A practicing attorney-at-law must not be deemed a sufficient surety on the official bond of the judge of probate or of the clerk or register of any court of record or of any other officer of a court of record or of the sheriff or deputy sheriff or the coroner, or of any constable, general or special.
Ala. Code § 36-20-55 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-55
Section 36-20-55 Certification by Secretary of State
Status: in_force

If certification of a civil law notary’s authority is necessary for a particular document or transaction, it must be obtained from the Secretary of State. Upon receipt of a written request from a civil law notary and the fee prescribed by the Secretary of State, the Secretary of State shall issue a certification of the civil law notary’s authority, in a form prescribed by the Secretary of State, which shall include a statement explaining the legal qualifications and authority of a civil law notary in this state. The fee prescribed for the issuance of the certification under this section or an apostille shall not exceed twenty dollars ($20) per document. The Secretary of State may adopt rules to implement this section.
Ala. Code § 36-12-61 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-61
Section 36-12-61 Use, Etc., of State-Owned Property for Promotion or Advancement of Interests of Candidates for Public Office
Status: in_force

It shall be unlawful for any officer or employee of the State of Alabama to use or to permit to be used any state-owned property of any character or description, including stationery, stamps, office equipment, office supplies, automobiles or any other property used by him, in his custody or under his control for the promotion or advancement of the interest of any candidate for the nomination or election to any public office of the State of Alabama.
Ala. Code § 36-26-16 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-16
Section 36-26-16 Certification for Employment of Handicapped Persons
Status: in_force

The State Director of Personnel shall, upon the request of an appointing authority, add to any certification of three eligible for employment the name of any handicapped person on the eligible list who is certified by the Director of the Department of Rehabilitation Services, as being eligible for rehabilitation services; but, the Director of the Department of Personnel may nevertheless not give preference in certification for employment to any handicapped person if he finds such person is physically or otherwise unfit to perform effectively the duties of the position in which he seeks employment.
Ala. Code § 36-29-21 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-21
Section 36-29-21 Definitions
Status: in_force

When used in this article, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

(1) BOARD. The Flexible Employees Benefits Board.

(2) EMPLOYEE. A person who is employed by the State of Alabama, its agencies, departments, or for a county health department, and who receives his compensation through means of a state warrant drawn upon the State Treasury, or by check drawn by the Alabama State Port Authority, or from the treasury of the Department of Mental Health, other than those employees covered by the federal Railroad Retirement Act. Further, for the purposes of long-term care insurance, this definition covers any person employed by a local government in the State of Alabama.

(3) INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, as amended.

(4) PARTICIPATING EMPLOYEE. An employee who elects to participate in the flexible benefit plan and meets the requirements set forth in said plan.

(5) SALARY REDUCTION AGREEMENT. A written agreement between a participating employee and a state agency, department, or county health department, whereby the employee agrees to reduce his salary by a stated amount, or an amount equal to the cost of benefits selected under a flexible employee benefit plan, and the state agency, department, or county health department agrees to contribute such amounts to cover the cost of benefits selected by the participating employee, including related administrative expenses.