Ala. Code § 45-21-130.10 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-130.10
Section 45-21-130.10 Requisition for Materials, Supplies, Etc
Status: in_force

The county engineer shall make written requisition to the chair of the county commission for all materials, machinery, equipment, and necessary supplies needed for the construction, maintenance, or repair of the public roads, bridges, and ferries of Crenshaw County. Requisitions shall be filed and presented by the chair to the county commission at its next meeting, for the approval of the board. Provided, however, that the chair shall have full power and authority to make purchases without first obtaining the approval of the whole board if the delay caused by the hereinabove procedure, might, in his or her judgment, cause an unnecessary and harmful interruption in the operation of the county road system.
Ala. Code § 45-35-150.10 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-150.10
Section 45-35-150.10 Revocation of Bingo Permit - Procedures
Status: in_force

The sheriff, for good cause shown, may revoke any permit if the permit holder or any officer, director, agent, member, or employee of the permit holder violates this article or a rule promulgated pursuant to this article. The revocation by the sheriff shall become effective 10 days after proper notice by the sheriff to the permit holder unless within the 10-day period the permit holder makes a written request for a hearing to the county governing body. All rules and procedures for meetings and hearings before the county governing body of Houston County shall apply unless in direct conflict with this article. Following a full hearing and the rendering of a written decision by the county governing body, either party may appeal the decision directly to the circuit court of Houston County and request a trial by jury. The rendering of a decision adverse to the permit holder by the county governing body shall result in the immediate revocation of the subject permit.
Ala. Code § 45-4-246 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-246
Section 45-4-246 Budgetary Operations
Status: in_force

The Tax Assessor/Collector of Bibb County, respectively, shall be responsible for the budgetary operations and functions of his or her office. The expenses of the office shall be financed on a pro rata share basis from the proceeds of any state, county, and municipal ad valorem taxes collected in the county in the same manner as the salary of the tax assessor/collector is paid pursuant to Section 40-6A-2. Any funds retained by the office pursuant to this section shall be used solely for the operation of the office, respectively, subject to approval of the budget for the office by the county commission in the same manner as the budget is currently approved.
Ala. Code § 45-14-140.03 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-140.03
Section 45-14-140.03 Payment of Tax; Disposition of Funds
Status: in_force

The tax herein imposed shall be due and payable to the Tax Collector of Clay County, and shall, when collected, be paid to the Treasurer of Clay County. All monies collected in accordance with this article shall be spent in participating in the Alabama Forestry Commission’s forest fire protection program in Clay County.
Ala. Code § 45-41A-40.10 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-40.10
Section 45-41A-40.10 Proceeds from Sale of Bond
Status: in_force

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the use of bond proceeds to establish reserve funds as security for the payment of the principal of, and premium, if any, and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to the fiscal, engineering, legal, and other expenses incurred in connection with the issuance of the bonds, and except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date.
Ala. Code § 45-37-60.02 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-60.02
Section 45-37-60.02 Staffing Requirements; Coroner-Medical Examiner Qualifications
Status: in_force

(a) The employment and compensation of all members of the staff shall be governed by any applicable civil service law.

(b) Each coroner-medical examiner shall be a physician licensed to practice medicine in Alabama and recognized and trained in forensic medicine and pathology; provided, however, that the county governing body may waive this requirement temporarily whenever a vacancy exists in the position which the county governing body is seeking to fill.
Ala. Code § 45-49-40.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-40.03
Section 45-49-40.03 Rulemaking Authority
Status: reserved

(a) The board shall have authority to make reasonable rules for the administration of this part. Copies of all rules adopted by the board shall be furnished to each barber and each barber school or college.

(b) No rule may be adopted or amended at the same meeting at which it is proposed.

(c) All rules adopted hereunder shall have the same force and effect of law unless set aside by a court of competent jurisdiction or repealed by the board.
Ala. Code § 45-24-82.20 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-82.20
Section 45-24-82.20 Purpose
Status: in_force

The provisions of this subpart shall only apply in Dallas County. The purpose of this subpart is to facilitate the use of public records in property transactions in Dallas County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal property that are recorded in the office of the judge of probate and in the offices of other elected county officials, and for the recording, archiving, and retrieving of other instruments, documents, and other uses in the discretion of the judge of probate.
Ala. Code § 45-20-70 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-70
Section 45-20-70 Equalization of Compensation; Additional Compensation
Status: in_force

In Covington County, effective March 1, 2006, the compensation of each member of the county commission, excluding the chair, shall be equalized so that each member of the county commission receives the same compensation as the highest paid member of the county commission, excluding the chair, prior to February 22, 2006. In addition, on the last day of February 2006, each member of the county commission receiving an increase in compensation pursuant to the preceding sentence, shall receive additional compensation in the form of a lump sum payment based on the total amount of compensation the member would have received pursuant to the increase provided above from October 1, 2005, until the first day of the month following February 22, 2006. Thereafter, the compensation of the members of the county commission, including the chair, shall be increased pursuant to this section by the amount of any uniform increase granted to county employees by the county commission at the time of adoption of the county budget.
Ala. Code § 45-55-171.23 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-171.23
Section 45-55-171.23 Construction with State Statutes; Notice and Hearing; Liability
Status: in_force

(a) This subpart shall not be construed to modify any provisions of Section 22–8–1.

(b) The Pike County Judge of Probate shall give notice and set a hearing for cause shown when deauthorizing any designated law enforcement agency.

(c) The Pike County Judge of Probate shall not be liable for the acts of any designated law enforcement agency or officer pursuant to this subpart.
Ala. Code § 45-8-150.05 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-150.05
Section 45-8-150.05 Bingo Games - Permit Requirements
Status: in_force

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

(b) The bingo permit holder shall display the permit conspicuously at the location where bingo is being conducted at all times during the conduct of the games.
Ala. Code § 45-1-241.07 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-241.07
Section 45-1-241.07 Purpose
Status: in_force

It is the purpose of this part to promote the public convenience in Autauga County by consolidating the offices of tax assessor and tax collector into one office.
Ala. Code § 45-29-231 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-231
Section 45-29-231 Operation of Jail Store
Status: in_force

(a) The Sheriff of Fayette County or the authorized agents of the sheriff may operate a jail store for prisoners within the confines of the county jail. The jail store shall be operated to serve the needs of the jail population.

(b)(1) The sheriff shall establish and maintain a Law Enforcement Fund in a bank located in Fayette County. All proceeds collected under this section shall be deposited by the sheriff into the Law Enforcement Fund.

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

(c) All profits realized in the operation of the jail store shall be expended at the discretion of the sheriff for law enforcement purposes in Fayette County that are in the interest of the public.

(d) The establishment of the Law Enforcement Fund and the use of the proceeds shall not diminish or take the place of any other source of income established for the sheriff or the operation of the office.

(e) Any actions relating to the operation of a jail store in the county jail prior to August 1, 1996, are ratified and confirmed. Any existing proceeds derived from the operation of a jail store in the county jail prior to August 1, 1996, shall be deposited into the Law Enforcement Fund created by this section.
Ala. Code § 45-27A-31.02 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.02
Section 45-27A-31.02 Use of Phrases
Status: in_force

(a) The following provisions shall be applied wherever appropriate herein:

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

(b) The definitions set forth in Section 45-27A-31.01 shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 45-43-170.02 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-170.02
Section 45-43-170.02 Solid Waste Disposal - County and Municipality
Status: in_force

The county commission shall not provide solid waste collection and disposal services within the corporate limits of a municipality without the express consent of the municipal governing body of such municipality nor shall any municipality provide solid waste collection and disposal services outside its corporate limits without the express consent of the county commission of the county in which it is situated.
Ala. Code § 45-17-90.47 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-90.47
Section 45-17-90.47 Penalty for Delinquency
Status: in_force

If any distributor, storer, or retail dealer in gasoline or motor fuel shall fail to make monthly reports or shall fail to pay the tax imposed under authority of this subpart, the tax shall be deemed delinquent within the meaning of this subpart and there shall be added to the amount of the tax a penalty of 25 percent, provided, if in the opinion of the County Commission of Colbert County a good and sufficient cause or reason is shown for such delinquency, the penalty may be rescinded. The Colbert County Commission shall be authorized and empowered to make returns for delinquent taxpayers upon such information as it may reasonably obtain and add to that the penalty as prescribed by this subpart. If any person shall be delinquent in the payment of any tax imposed pursuant to the provisions of this subpart, the County Commission of Colbert County shall issue execution for the collection of the same, directed to the Colbert County Sheriff, who shall proceed to collect the same in the manner now provided by law for the collection of delinquent taxes by the county tax collector and make return of such execution to the Colbert County Commission. The tax herein authorized to be levied and the penalties herein provided for shall be held as a debt payable to Colbert County by the person against whom the same shall have been imposed or against whom the penalties shall have accrued, and all such taxes and penalties shall be a lien upon the property in Colbert County and elsewhere in this state of the person against whom the tax shall have been imposed and the penalties shall have accrued.
Ala. Code § 45-50-245.06 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-245.06
Section 45-50-245.06 Charge for Collection
Status: in_force

The State Department of Revenue shall charge Monroe County for collecting the taxes levied under this subpart such amount of percentage of total collections as may be agreed upon by the Commissioner of Revenue and the Monroe County Commission, but such charge shall not, in any event, exceed 10 percent of the total amount of the sales tax collected in the county under this subpart. The charge for collecting the taxes may be deducted each month from the gross revenues from such taxes before certification of the amount of the proceeds thereof due Monroe County for that month. The Commissioner of Revenue shall pay into the State Treasury all taxes collected under this subpart, as such taxes are received by the State Department of Revenue, and on or before the first day of each successive month (commencing with the month following the month in which the department makes the first collection hereunder) the commissioner shall certify to the Comptroller the amount of taxes collected under this subpart and paid by him or her into the State Treasury for the benefit of Monroe County during the month immediately preceding certification. Provided, however, that before certifying the amount of the taxes paid into the State Treasury for the benefit of Monroe County during each month, the commissioner may deduct from the taxes collected in the month the charge due the department for the collection of the taxes for the county. It shall be the duty of the Comptroller to issue his or her warrant each month payable to the county Treasurer of Monroe County in his or her official capacity in an amount equal to the amount so certified by the Commissioner of Revenue as having been collected for the use of the county. All revenues arising from the taxes herein authorized to be levied that are due to be paid to Monroe County shall be deposited in the county general fund.
Ala. Code § 45-15-170.40 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-170.40
Section 45-15-170.40 Percolation Tests
Status: in_force

(a) In Cleburne County, any law, rule, or regulation to the contrary notwithstanding, upon the request of any property owner, the county health officer may allow the percolation tests for septic tank installation to be satisfied by using pertinent soil maps, and other such data in the files of the county health department.

(b) A fifty dollar ($50) fee shall be charged for the performance of percolation tests, whether by file data or otherwise.
Ala. Code § 45-37A-51.281 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.281
Section 45-37A-51.281 False Representations
Status: in_force

It shall be a misdemeanor, and punishable as such, for any participant or beneficiary to knowingly make any false representation to the board or to the secretary of the board or to the city director of finance or the custodian or to any investigator or agent of the board with respect to any matter pertaining to the administration of the system.
Ala. Code § 45-49-91.16 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-91.16
Section 45-49-91.16 Certificate of Compliance for Land Use
Status: in_force

Whenever the board has adopted a master plan for the district, no street, square, park, or other public way ground or open space, public building or structure, or public utility, whether privately or publicly owned, shall be constructed or authorized in the district until the location, character, and extent thereof has been submitted to and approved by the board. The board may require an application fee be paid by any person, business, or other entity submitting plans to the board for approval. However, any fee required may not exceed the actual costs of processing the application, including review by the board and county commission, or both, and provided that the proceeds from any fee be earmarked only for the administration of this part. The board shall issue a certificate of compliance to any applicant whose proposed land use is acceptable under the master plan and land use ordinances of the district. The board shall reject any application that is not in compliance with the master plan and land use ordinances of the district. The applicant may appeal any adverse decision to the Mobile County Commission. The failure of the board to act upon an application within 60 days from the date filed in the office of the board shall be deemed an approval of the land use proposed in the application.
Ala. Code § 45-49-170.23 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-170.23
Section 45-49-170.23 Grounds Insufficient to Declare Dog Dangerous or a Nuisance
Status: in_force

(a) A dog may not be declared dangerous or a nuisance in any of the following circumstances:

(1) When an injury or damage was sustained by a person who, at the time of injury or damage, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog with the intent to commit a crime or was committing a crime, or was teasing, tormenting, abusing, or assaulting the dog, or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog.

(2) When the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

(3) When the dog was responding to pain or injury or protecting itself, its kennel, or its offspring.

(4) When a person or domestic animal was disturbing the natural functions of the dog such as sleeping or eating.

(b) Neither growling nor barking, or both, shall alone constitute grounds upon which to find a dog to be dangerous or a nuisance.
Ala. Code § 45-20-71.33 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.33
Section 45-20-71.33 Wage Scale
Status: in_force

The board shall classify all employees engaged in the construction and maintenance of roads in the county, and shall fix a uniform salary or wage scale for each such classification.
Ala. Code § 45-3-120 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-120
Section 45-3-120 Purpose
Status: in_force

It is the purpose of this article to create and establish a county-wide personnel system in Barbour County based on principles of human resource management which shall include equity, fairness, and compliance with all applicable state and federal laws.
Ala. Code § 45-8A-72 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-72
Section 45-8A-72 Alcoholic Beverages Regulated
Status: in_force

(a) This section only applies to the City of Jacksonville in Calhoun County.

(b) Alcoholic beverages may be sold each day of the week for on-premises consumption by retail licensees of the Alcoholic Beverage Control Board in the City of Jacksonville if approved by a majority vote of the governing body.

(c) Alcoholic beverages may be sold each day of the week for off-premises consumption by retail licensees of the Alcoholic Beverage Control Board in the City of Jacksonville if approved by a majority vote of the governing body.

(d) The governing body of the City of Jacksonville, by resolution or ordinance passed by a simple majority, may regulate but may not prohibit the sale of both on-premises and off-premises consumption of alcoholic beverages each day of the week by retail licensees of the Alcoholic Beverage Control Board to the general public. Retail licensees may sell or dispense alcoholic beverages pursuant to the requirements of the license and applicable rules of the board.

(e) The provisions of this section are cumulative and supplemental to the present power and authority of the City of Jacksonville and are not intended to nor shall it be interpreted so as to repeal any existing power or authority of the governing body with this section that is now permitted under the general laws of the state or under any local or special act of the Legislature.

(f) Nothing in this section shall be construed so as to abrogate, nullify, or in any way encroach upon the functions, powers, and duties of the Alcoholic Beverage Control Board under Chapter 3 of Title 28.
Ala. Code § 45-49-140 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-140
Section 45-49-140 Definitions
Status: in_force

The following words and terms as used in this subpart shall have the following meanings ascribed to them, unless a contrary meaning is apparent from the context:

(1) DISTRICT FOR FIGHTING FIRES. A district created under this subpart for establishing and maintaining a system for fighting or preventing fires.

(2) DISTRICT FOR FIRE FIGHTING AND EMERGENCY MEDICAL SERVICES. A district created under this subpart for establishing and maintaining a system for fighting and preventing fires and a system for the operation of emergency medical services.
Ala. Code § 45-25-240.25 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-240.25
Section 45-25-240.25 Vehicle Information Required for Assessment
Status: in_force

Before any vehicles may be assessed, the tax assessor shall be furnished the tag number presently on the vehicle unless such vehicle is new in which case the tax assessor shall be furnished a bona fide bill of sale from the dealer showing when the vehicle was bought new. In the case of a used car brought into the state from a state which provides that upon sale or transfer of the motor vehicle the tags are either surrendered to an appropriate authority or subsequently reissued by the seller, the tax assessor shall be furnished a bona fide certificate of title properly assigned which shows when the car was sold to an individual, firm, corporation, or association, living or operating in this state. If such tag number or bill of sale or certificate of title is not furnished, the vehicle shall be presumed to have been in the state the entire year for which taxes are being assessed. Those motor vehicles brought into the state during any tax year and new motor vehicles for which licenses have never been issued that have been sold from the stock of a dealer during any tax year, shall be subject to taxation as if they had been held or owned in the state on the first day of October.
Ala. Code § 45-8-120.17 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-120.17
Section 45-8-120.17 Petition for Review of Board Action
Status: in_force

Any party, including the county commission and county appointing authorities, aggrieved by a final action of the board, shall be entitled to a review of the action by filing a petition in the Circuit Court of Calhoun County within 30 days after the action is taken. Upon the filing of any petition, notice shall also be served upon the chairperson of the board by the petitioner. The petitioner shall be heard by the court at the earliest practical date. Review by the court shall be without a jury and confined to the record of the board action. The record shall include transcripts or other documentation used by the board in arriving at its action. The court may, upon the terms and conditions as it shall deem proper, at any time before the hearing of the petition, permit the board to gather additional information and modify its final decision. The court, upon a hearing of the petition, may affirm or reverse and render or remand the matter to the board for further proceedings consistent with the judgment of the court. The court shall affirm the decision of the board unless it finds that the substantial rights of the petitioner have been prejudiced because the final action was: (1) Unsupported by substantial evidence in the facts submitted; (2) in excess of the authority conferred by this act on the board; (3) violative of constitutional provisions; (4) arbitrary or capricious; or (5) affected otherwise by substantial error or injustice. An appeal may be taken from any final judgment of such court to the Court of Appeals of Alabama or the Supreme Court of Alabama as now provided by law.
Ala. Code § 45-8-171 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-171
Section 45-8-171 Issuance of Death Certificates
Status: in_force

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

(b) The county health officer shall, not later than 10 days from the date of death, make such official death certificate available to the surviving spouse or next of kin of the deceased at a fee not greater than that charged by the State Health Department for the same service. Any officer failing to comply with this subsection is guilty of a misdemeanor.
Ala. Code § 45-15-240.06 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-240.06
Section 45-15-240.06 Offices of Tax Assessor and Tax Collector Abolished
Status: in_force

The offices of the Tax Assessor and Tax Collector of Cleburne County are hereby abolished effective the first day of October 1985, or upon the occurrence of a vacancy in the office of tax assessor or tax collector. In the event that the office of tax assessor or tax collector becomes vacant before October 1, 1985, the office of county revenue commissioner shall immediately come into being, and the remaining officer, tax assessor or tax collector, as the case may be, shall immediately assume the duties of the office of county revenue commissioner and shall perform such duties until a county revenue commissioner has been elected as provided herein. For the performance of such duties, he or she shall be entitled to the salary hereinabove prescribed for the county revenue commissioner.
Ala. Code § 45-16-140 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-140
Section 45-16-140 Applicability
Status: in_force

This article shall apply to Coffee County.
Ala. Code § 45-37A-160.20 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-160.20
Section 45-37A-160.20 Warrant Recall Fee
Status: in_force

(a) Notwithstanding any law to the contrary, a municipal judge or a municipal magistrate of the City of Fultondale in Jefferson County, Alabama, may assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant arising from any municipal ordinance violation against the City of Fultondale.

(b) The warrant recall fee shall not exceed one hundred dollars ($100) and is to be paid by the defendant at the time the warrant is recalled.

(c) Nothing herein shall be construed to require the City of Fultondale to recall a warrant that has been issued. All orders to recall a warrant shall be issued solely in the discretion of the municipal judge or magistrate.

(d) All fees received by the City of Fultondale Municipal Court for the warrant recall fee shall be deposited into the City of Fultondale Corrections Fund and allocated in conformity with subsection (a) of Section 11-47-7.1.
Ala. Code § 45-25-260.01 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-260.01
Section 45-25-260.01 Definitions
Status: in_force

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

(1) DECIBEL. The unit of measure for sound pressure using dBA scale.

(2) FINANCIAL ASSURANCE. Any assurance provided in accordance with acceptable financial assurance instruments, which include an escrow account, performance bond, or cash.

(3) LICENSED ENGINEER. A professional engineer licensed by the State of Alabama.

(4) LOCAL GOVERNING BODY OF DeKalb COUNTY. The DeKalb County Commission or a city or town council of a municipality or town located in DeKalb County within whose limits a wind energy conversion system is proposed to be constructed, maintained, or operated.

(5) MANUAL AND AUTOMATIC CONTROLS. Devices that give protection to power grids and limit rotation of the blades to below the designed limits of the conversion system.

(6) WIND ENERGY CONVERSION SYSTEM or SYSTEM. Any device such as a wind charger, windmill, or wind turbine that is designed to convert wind energy to a form of usable energy for the sole purpose of resale.
Ala. Code § 45-23-233 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-233
Section 45-23-233 Operation of Jail Store; Sheriff’s Law Enforcement Fund
Status: in_force

(a) The Sheriff of Dale County, or the authorized agents of the sheriff, may operate a jail store for prisoners within the confines of the county jail. The jail store shall be operated to serve the needs of the jail population.

(b)(1) The sheriff shall establish and maintain a Sheriff’s Law Enforcement Fund in a bank located in Dale County. All proceeds collected under this section shall be tax exempt and deposited by the sheriff into the Sheriff’s Law Enforcement Fund. All jail store transactions shall be accounted for in the fund.

(2) The sheriff shall keep an account of all jail store sales and transactions of the Sheriff’s Law Enforcement Fund for audit by the Department of Examiners of Public Accounts. The jail store account and Sheriff’s Law Enforcement Fund shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.

(c) All profits realized in the operation of the jail store shall be expended at the discretion of the sheriff for law enforcement purposes in Dale County that are in the interest of the public.

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

(e) Any actions relating to the operation of a jail store in the county jail prior to March 7, 2012, are ratified and confirmed. Any existing proceeds derived from the operation of a jail store in the county jail prior to March 7, 2012, shall be deposited into the Sheriff’s Law Enforcement Fund created by this section.
Ala. Code § 45-49-31.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-31.06
Section 45-49-31.06 Annual Audit
Status: in_force

Each association shall submit an annual audit to the board on or before April 30th of each year as to how the funds were spent during the previous year.
Ala. Code § 45-25-81.60 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-81.60
Section 45-25-81.60 Additional Court Costs
Status: in_force

(a)(1) In addition to any court costs and fees now or hereafter authorized in DeKalb County, the DeKalb County Commission may impose, by resolution of the commission, the following:

a. Additional court costs in the amount of forty dollars ($40) to be assessed and taxed as cost on each civil case and on each criminal case, including traffic cases, but excluding small claims cases, filed in the circuit court, district court, or any municipal court in DeKalb County.

b. Additional court costs in the amount of ten dollars ($10) for any service of process made by the sheriff’s department in the above-described cases.

c. Additional court costs in the amount of five hundred dollars ($500) in criminal cases involving convictions for the sale or trafficking of controlled substances.

d. Additional court costs in the amount of ten dollars ($10) per day to be assessed and collected upon conviction against each person incarcerated or booked in the DeKalb County Jail.

(2) These additional court costs shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

(b) The additional costs provided for herein, when collected by the clerks or their collection officers of the courts, shall be paid into the General Fund of DeKalb County to be held in a subaccount to be used by the DeKalb County Commission for the planning, designing, constructing, furnishing, equipping, and financing of a county jail and operating and maintenance costs associated with this jail and the county sheriff’s department.
Ala. Code § 45-49-235.08 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-235.08
Section 45-49-235.08 Release Pending Trial; Conditions; Order; Notice
Status: in_force

(a) Any person charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial on his or her personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of his or her discretion, that such a release will not reasonably assure the required appearance of such person. When such a determination is made, the judicial officer, either in lieu of, or in addition to, the above method of release, shall impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions:

(1) Place the person in the custody of a designated person who agrees to supervise him or her.

(2) Place restrictions on the travel, association, or place of abode of the person during the period of release.

(3) Require the execution of an appearance bond in specified amount and the deposit with the clerk of the court in cash or other security as directed, of a sum not to exceed 10 percent of the amount of the bond, 80 percent of such deposit shall be returned upon the performance of the conditions of release.

(4) Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof.

(5) Impose any additional condition deemed reasonably necessary to assure the required appearance which may include a condition requiring the person return to custody after specified hours.

(b)(1) In determining which conditions of release will reasonably assure the required appearance of a person, the judicial officer, on the basis of available information as presented by the state or the defendant, shall take into account such matters as:

a. The nature and circumstances of the offense charged.

b. The weight of the evidence against the person.

c. His or her family ties, employment, and financial resources.

d. His or her character and mental condition, including past conduct.

e. Length of residence in the community.

f. The record of convictions.

g. Any record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.

(2) The judicial officer, in making such factual determinations, shall recognize that this part has two purposes, one of which is to assure the presence of the defendant at trial and the other of which is to assure that all persons, regardless of their financial or social status, shall not needlessly be detained pending their appearance to answer charges, or pending appeal, when the detention serves neither the ends of justice nor the public interest.

(c) A judicial officer authorizing the release of a person under this section shall issue an appropriate order containing a statement of any conditions imposed, shall inform such person of the penalties applicable to violations of the conditions of his or her release, and shall advise him or her that a warrant for his or her arrest will be issued immediately upon any such violation. The judicial officer shall also notify such person of the penalties provided in Section 45-49-235.03.

(d) A judicial officer ordering the release of a person on any condition specified in this section may at any time amend his or her order to impose additional or different conditions of release.

(e) The judicial officer shall determine the conditions of release as herein provided when the defendant is brought before him or her for preliminary examination or at such other times he or she may direct.

(f) Any other provision of this part to the contrary, no warrant magistrate or assistant warrant magistrate shall have the authority to order that any person be released where that person is accused of a capital crime or of a crime where the defendant, if convicted, could receive a sentence of more than 20 years in prison.
Ala. Code § 45-16-82.29 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.29
Section 45-16-82.29 Written Agreement; Other Terms and Conditions
Status: in_force

(a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner or what charges the defendant will plead guilty to and the recommended sentence the offender is suggested to receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and to be subjected to receive a recommended specific sentence, this agreement concerning the offense and suggested or recommended sentence, or both, shall be submitted to and shall be subject to approval or disapproval by an appropriate circuit or district judge of this state prior to admission of the offender in the pretrial diversion program.

(b) As a condition of being admitted to the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions:

(1) Participate in an education setting to include, but not be limited to, K-12, college, job training school, trade school, GED classes, or adult basic education courses.

(2) If appropriate, attempt to learn to read and write.

(3) Financially support his or her spouse, children, or both, or pay child support, spousal support, or both.

(4) Refrain from the use of alcohol and drugs and refrain from frequenting places where alcoholic beverages or illegal controlled substances are sold, possessed, or used in violation of law.

(5) Refrain from contact with certain persons or premises.

(6) Obtain and maintain employment.

(7) Attend and pay for individual, group, or family counseling.

(8) Pay victim restitution, if any is due.

(9) Pay court costs, fines, or both, incurred as a result of the offense charged and any other amounts the offender owes state, federal, or local government as a result of the criminal offenses.

(10) Pay supervision fees, application fees pursuant to this subpart, and pay court referral officer fees, drug, alcohol, violence, or other self-help fees charged as a result of participation in the pretrial diversion program.

(11) Enter into an agreement with the district attorney that all fees paid for admission into the pretrial diversion program shall be forfeited to the use and benefit of the pretrial diversion program should the offender be removed from the pretrial diversion program by the district attorney for any cause.

(12) Observe curfews or home detention or travel constraints as set out in the offender’s agreement.

(13) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support either withheld or garnished from the wages or salary of the offender.

(c) The offender shall be subject to other terms or conditions as the district attorney and the offender may agree to in their written agreement, it being the purpose of this subpart to allow the district attorney broad discretion in designing a program specifically for each offender and circumstances of the offender.
Ala. Code § 45-42A-24.05 — Alabama Code / Title 45 / Chapter 42A / Section 45-42A-24.05
Section 45-42A-24.05 Construction of Part
Status: in_force

This part is cumulative in its nature and in addition to any and all power and authority which a city may have under any other law.
Ala. Code § 45-8-173.07 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-173.07
Section 45-8-173.07 Specialized Training
Status: in_force

The Calhoun-Cleburne Mental Health Board, Inc., shall provide additional specialized training related to crisis intervention, mental health center operations, and the evaluation of persons suspected to be mentally ill to the mental health officer, and assistant mental health officers, if any.
Ala. Code § 45-41-233 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-233
Section 45-41-233 Inmate Commissary
Status: in_force

(a) The Sheriff of Lee County or the authorized agents of the sheriff may operate an inmate commissary for prisoners within the confines of the county jail. The inmate commissary shall be operated to serve the needs of the jail population.

(b)(1) The sheriff shall establish and maintain a Lee County Commissary Fund in a bank located in Lee County. All proceeds collected under this section shall be deposited by the sheriff into the Lee County Commissary Fund.

(2) The sheriff shall keep an account of all inmate commissary sales and transactions of the Lee County Commissary Fund for annual audit by the Department of Examiners of Public Accounts, which shall be audited at the same time that other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.

(c) All profits realized pursuant to the operation of the inmate commissary shall be expended at the discretion of the sheriff for any lawful purpose related to the operation of the Lee County Jail and the office of the sheriff, including, but not limited to, the purchase and maintenance of office equipment, inmate recreation, inmate welfare salary supplements, and training.

(d) The establishment of the Lee County Commissary Fund and the use of the proceeds shall not diminish or take the place of any other source of income established for the sheriff or the operation of the office.

(e) Any actions relating to the operation of an inmate commissary in the county jail prior to May 27, 1997, are ratified and confirmed. Any existing proceeds derived from the operation of an inmate commissary in the county jail prior to May 27, 1997, shall be deposited into the Lee County Commissary Fund created by this act.
Ala. Code § 45-29-82.71 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-82.71
Section 45-29-82.71 Violations; Waiver
Status: in_force

(a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination.

(b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program.
Ala. Code § 45-56-242.54 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-242.54
Section 45-56-242.54 Lien Against Property
Status: in_force

The tax authorized by this subpart shall constitute a debt due Randolph County. If levied, the tax, together with any interest and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. The department or other entity shall collect the tax, enforce this subpart, and have and exercise all rights and remedies that the state or the department has for collection of the state sales tax. The department or other entity may employ special counsel as is necessary to enforce collection of the tax authorized by this subpart and to enforce this subpart.
Ala. Code § 45-41-83.12 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-83.12
Section 45-41-83.12 Drug Court Coordinator; Meetings of Drug Court Team; Transfer of Participants
Status: in_force

(a) Specifically with a drug court program, the board shall hire or contract for an individual as the drug court coordinator. The drug court coordinator shall be responsible for the general administration of drug court, with the assistance of the drug court team. The drug court team, when practicable, shall conduct a meeting prior to each drug court session to discuss and provide updated information regarding persons who have applied to participate in the program and regarding persons who are participating in the program. The drug court team shall make a determination as to the progress of each participant and shall agree on the appropriate incentive or sanction to be applied to each participant in accordance with the program rules, policy, and procedure. If the drug court team cannot agree on the appropriate action, the court shall make the decision based upon information presented in the meeting. The drug court, when practicable, shall ensure that no single agency, entity, person, or group provides both assessment and treatment services for a drug court so as to avoid actual or potential conflicts of interest or the appearance that a given assessment agency, entity, person, or group, might benefit by determining that the participant is in need of a particular form or duration of treatment that the assessor provides.

(b) The program may transfer any participant to, or accept or reject the transfer of any participant from, any drug court in this state pursuant to policies, rules, and procedures as promulgated by the board. No transfer shall be permitted or accepted without the express consent of the participant, the defense attorney, the court, and the Lee County District Attorney.
Ala. Code § 45-1-235 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-235
Section 45-1-235 Records of Abandoned and Stolen Property; Storage
Status: in_force

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

(b) All abandoned or stolen property recovered by the sheriff’s office shall be stored in a suitable place to protect the property from deterioration.
Ala. Code § 45-39-200.02 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-200.02
Section 45-39-200.02 License Commissioner - Office, Supplies, Personnel
Status: in_force

The county governing body shall furnish suitable quarters for the county license commissioner, and provide the necessary forms, books, stationery, records, equipment, and supplies, except such stationary, forms, and supplies as are furnished pursuant to law by the State Department of Finance or the Comptroller. The county governing body shall also provide such clerks, deputies, and other assistants for the commissioner as shall be necessary from time to time for the proper and efficient performance of the duties of his or her office. The commissioner shall have authority to elect, employ, and discipline at will, such clerks, and other assistants, and to fix their compensation; however, the number and compensation of such clerks and other assistants shall be subject to the approval of the county governing body. The compensation of the clerks, deputies, and assistants shall be paid monthly out of the general fund of the county in the same manner as other county employees are paid.
Ala. Code § 45-37A-52.223 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.223
Section 45-37A-52.223 Contracts Extending Beyond One Year
Status: in_force

No contract involving the payment of money out of the appropriation of more than one year shall be made for a period of more than five years, nor shall any such contract be valid unless made or approved by resolution or ordinance.
Ala. Code § 45-37A-52.161 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.161
Section 45-37A-52.161 Director of Finance - Qualifications
Status: in_force

The director of finance shall be a person skilled in municipal accounting, taxation, and financial control.
Ala. Code § 45-37A-52.03 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.03
Section 45-37A-52.03 Second Election Not to Be Called Within Two Years
Status: in_force

If the mayor-council form of government is not adopted at the special election so called, the question of adopting such form of government shall not be resubmitted to the voters of such city for adoption within two years thereafter, and then the question of adopting the form of government may be resubmitted in the manner above provided.
Ala. Code § 45-49-110.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-110.01
Section 45-49-110.01 No Registration Within 15 Days Prior to Elections
Status: in_force

The Board of Registrars of Mobile County, or their duly authorized deputies, shall not register any person as a qualified elector within 15 days prior to any election; provided, that the board shall maintain an open office during business days in such 15-day period and on election day during the hours of voting.
Ala. Code § 45-37-235 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-235
Section 45-37-235 Office Space; Personnel and Functions
Status: in_force

The Jefferson County Commission is hereby required to provide adequate and sufficient office space in the proposed new Jefferson County Sheriff’s Headquarters building located at Eighth Avenue and 22nd Street, North, in the City of Birmingham, Alabama, for accommodation of the sheriff’s department personnel now stationed at Fairfield so that such personnel and functions shall be returned to the county seat so as to reestablish a central and principal base of operations and to further enhance the sheriff in carrying out the duties of his or her office. Such personnel and functions shall include, but not necessarily be limited to, supervision, communications, records, equipment, investigatory, and office staff support personnel.
Ala. Code § 45-24-80 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-80
Section 45-24-80 Dallas County Law Library Fund; Board
Status: in_force

(a)(l) There is created a fund to be designated the Dallas County Law Library Fund, which fund shall be expended as hereinafter provided for the sole purpose of establishing, maintaining, equipping, administering, and operating the law library at the courthouse of Dallas County.

(2) In each criminal or quasicriminal or civil case or any other proceeding filed in, arising in, or brought by appeal, on certiorari or otherwise in the Circuit Court, District Court, or Small Claims Court of Dallas County, there shall be taxed as part of the costs the sum of six dollars ($6) to be designated as a law library fee.

(3) Such fees when collected by the clerks or other collecting officers of such courts shall be paid to the treasurer or depository of Dallas County for the deposit in the county treasury in a separate account to be designated the Dallas County Law Library Fund.

(b)(l) There is created a board to administer the Dallas County Law Library Fund which shall be known as the Dallas County Law Library Board. This board shall consist of three members of the Dallas County Bar whose terms as members of the board shall be for three years, and who shall serve without compensation. Provided, however, the first three members of the board shall be appointed as follows for the specified terms: the Judge of Probate of Dallas County shall appoint one member of the board who shall serve a term of one year; the President of the Dallas County Bar Association shall appoint one member of the board who shall serve a term of two years; and the Presiding Judge of the Fourth Judicial Circuit shall appoint one member of the board who shall serve a term of three years. Thereafter, when a member of the board’s term expires or there is a vacancy created on the board, the appointing authority, whose prior appointment has expired or become vacant, shall make an appointment to fill such a vacancy. Members of the board shall be members in good standing of the Alabama Bar Association. A member of the board may serve more than one term. Each year the members of the board shall elect a chair, a vice chair, and a secretary, all of whom shall serve for one year as such officers but who may be elected to serve more than one term.

(2) Any two members of the Dallas County Law Library Board shall constitute a quorum for the transaction of business. The secretary shall keep minutes of all meetings of the board, which shall be held upon call of the chair or any two members. The board may adopt by laws, and all action of the board shall require the approval of at least two members of the board. The board may act informally, without a meeting, with the approval of all members.

(3) Any two members of the Dallas County Law Library Board may draw warrants on the Dallas County Law Library Fund in making expenditures for purposes contemplated in this section and shall indicate on the warrants the funds against which the warrants are drawn.

(c)(l) Sole and complete management of the Dallas County Law Library is vested in the Dallas County Law Library Board or its designee. All books or other property purchased with the funds shall be the property of Dallas County, but shall be managed and controlled by the Dallas County Law Library Board.

(2) The Dallas County Law Library Fund shall be administered and disbursed by the Dallas County Law Library Board only for the purpose of establishing, equipping, maintaining, and operating the Dallas County Law Library, and none of the funds shall be used or expended for any other purpose whatsoever.

(d) The funds heretofore deposited in the Dallas County treasury to the credit of the Contingent Fund for the Circuit Court of Dallas County shall be paid into the Dallas County Law Library Fund established by this section.
Ala. Code § 45-16-110 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-110
Section 45-16-110 Election Officers - Compensation
Status: in_force

In Coffee County, each election officer shall be entitled to a local supplement so that the total compensation of each election officer shall be fifty dollars ($50) per day. The amount of any local supplement shall be in addition to the mileage provided to election officers pursuant to the general laws of this state. The local supplement shall be paid as a preferred claim out of monies in the county treasury not otherwise appropriated on proper proof of services rendered. Any local supplement provided pursuant to this section shall not affect the compensation paid out of state funds.
Ala. Code § 45-27-244.35 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-244.35
Section 45-27-244.35 Certificate of Assessment; Issuance of License Tag; Valuation; Municipal Taxes
Status: in_force

(a) Every person, firm, or corporation residing in or owning a motor vehicle which is principally used in Escambia County who desires to operate a motor vehicle on the public highways of Alabama shall first return the motor vehicle for ad valorem taxation and sales taxation to the tax collector. The tax collector shall issue a certificate of assessment on a form prescribed by the State Department of Revenue, shall collect the tax as shown thereon, and shall make a duplicate of the tax receipt and keep the receipt on file in the office of the tax collector for one year after each audit. The license tag shall be evidence of the payment of the license and ad valorem taxes and sales taxes due under this subpart.

(b) Valuation for ad valorem assessment of motor vehicles shall be at the same rate and on the same basis as is provided in Article 5, Chapter 12, Title 40, and all laws relating to the assessment on a quarterly basis are hereby incorporated in this subpart and made a part hereof.

(c) The Tax Collector of Escambia County, in addition to assessing and collecting the ad valorem taxes and sales taxes due the state and county on motor vehicles, motor vehicle titles, and nonmotorized vehicles shall collect the ad valorem taxes and sales taxes on motor vehicles, motor vehicle titles, and nonmotorized vehicles due all municipalities in Escambia County and shall report and pay over the money collected for the municipalities at the same time and in the same manner as state and county taxes and licenses are reported and paid over by him or her. The tax collector shall collect and deposit into the general fund of Escambia County five percent of the amount of municipal taxes collected for assessing and collecting the taxes, and shall deduct that amount from the total amount collected before paying the city treasury. The tax collector shall not issue a license to operate a motor vehicle on the highways of this state until all ad valorem taxes and sales taxes due the state, county, and municipalities are paid for the preceding tax year as shown by the tax receipts.
Ala. Code § 45-26-244.39 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-244.39
Section 45-26-244.39 Creation of Fund
Status: in_force

The Elmore County Commission shall create a Rainy Day Fund into which a minimum of five percent of the tax collected monthly under this subpart shall be placed. The commission shall place the funds into an interest bearing account and both interest and principal shall accumulate without expenditure until the Rainy Day Fund shall reach the amount of one million dollars ($1,000,000). When the fund reaches that amount, the commission may access the funds by giving public notice of the proposed use of the funds for one month, and voting unanimously for the proposal in a regular commission meeting.
Ala. Code § 45-54-242.50 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-242.50
Section 45-54-242.50 Definitions
Status: in_force

In this subpart, all words, terms, and phrases as defined in Sections 40–23–1 to 40–23–4, inclusive, and 40–23–60 to 40–23–63, inclusive, providing for the levy of state sales and use taxes, shall have the same meanings respectively ascribed to them in the sections, except where the context in this subpart clearly indicates a different meaning. In addition, the following words, terms, and phrases used in this subpart shall have the following respective meanings except where the context clearly indicates a different meaning:

(1) COUNTY. Pickens County. (2) MONTH. The calendar month. (3) STATE SALES AND USE TAX STATUTES. Sections 40–23–1 to 40–23–4, inclusive, and 40–23–60 to 40–23–63, inclusive, levying state taxes on the gross sale or use of tangible personal property and including all statutes, which expressly set forth any exemptions from the computation of the taxes levied by the sections, and all other statutes which expressly apply to, or purport to affect, the administration of the sections and the incidence and collection of the taxes imposed therein.

(2) MONTH. The calendar month. (3) STATE SALES AND USE TAX STATUTES. Sections 40–23–1 to 40–23–4, inclusive, and 40–23–60 to 40–23–63, inclusive, levying state taxes on the gross sale or use of tangible personal property and including all statutes, which expressly set forth any exemptions from the computation of the taxes levied by the sections, and all other statutes which expressly apply to, or purport to affect, the administration of the sections and the incidence and collection of the taxes imposed therein.

(3) STATE SALES AND USE TAX STATUTES. Sections 40–23–1 to 40–23–4, inclusive, and 40–23–60 to 40–23–63, inclusive, levying state taxes on the gross sale or use of tangible personal property and including all statutes, which expressly set forth any exemptions from the computation of the taxes levied by the sections, and all other statutes which expressly apply to, or purport to affect, the administration of the sections and the incidence and collection of the taxes imposed therein.

(4) STATE SALES TAX. The tax imposed by the state sales tax statutes.

(5) STATE USE TAX. The tax imposed by the state use tax statutes.
Ala. Code § 45-38-141.07 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-141.07
Section 45-38-141.07 Power to Contract
Status: in_force

(a) As security for payment of the principal of and interest on bonds or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any water system and fire protection facilities owned by it or any part or parts thereof, for the imposition and collection of reasonable rates for and the promulgation of reasonable regulations respecting any service furnished from any such system or facility, for the disposition and application of its gross revenues or any part thereof and for any other act or series of acts not inconsistent with this part for the protection of the bonds and other obligations being secured and the assurance that the revenues from such system or facility will be sufficient to operate such system or facility, maintain the same in good repair and in good operating condition, pay the principal of and interest on any bonds payable from such revenues, and maintain such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such system or facility, and the making of replacements thereof and capital improvements thereto.

(b) Any contract pursuant to this section may be set forth in any resolution of the board authorizing the assumption of obligations or in any mortgage and deed of trust or trust indenture made by the authority under this part.
Ala. Code § 45-35A-52.12 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-52.12
Section 45-35A-52.12 Notice of Bond Resolution
Status: in_force

(a) Upon the adoption by the board of the authority of any resolution providing for the issuance of bonds, such authority, in its discretion, may cause to be published once a week for two consecutive weeks, in a newspaper published or having a general circulation in the city, a notice in substantially the following form the blanks being properly filled in, at the end of which shall be printed the name and title of either the chair or secretary of such authority: “The Dothan Downtown Development Authority, a public corporation under the laws of the State of Alabama, on the ____ day of _______, authorized the issuance of $_____ principal amount of bonds of the public corporation for purposes authorized in Act 82-303, 1982 Regular Session (Acts 1982, p. 393). Any action or proceeding questioning the validity of the bonds, or the pledge and the mortgage and deed of trust or trust indenture to secure the same, or the proceedings authorizing the same, shall be commenced within 30 days after the first publication of this notice.” A newspaper shall be deemed to be published in the city, within the meaning of this section, if its principal editorial office is located in the city.

(b) Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in the notice or to contest the validity of any such bonds, or the validity of any pledge and mortgage and deed of trust or trust indenture made therefor, shall be commenced within 30 days after the first publication of such notice. After the expiration of the period no right of action or defense questioning or attacking the validity of the proceedings or of the bonds or the pledge or mortgage and deed of trust or trust indenture shall be asserted, nor shall the validity of the proceedings, bonds, pledge, mortgage, and deed of trust or trust indenture be open to question in any court on any ground whatsoever except in an action commenced within such period.
Ala. Code § 45-48-70.54 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.54
Section 45-48-70.54 Budgetary Priorities
Status: in_force

County offices, departments, boards, and agencies shall be given preference in the tentative and final budget so that funding, payments, and appropriations to any other public body or agency, except as may be required by law, shall be reduced or eliminated as may be necessary in order that the needs of the county offices be first met. The chair shall promptly extend invitations to all county officers and the heads of all concerned county departments, boards, commissions, and agencies to ask questions with regard thereto and express an opinion on the tentative budget.
Ala. Code § 45-9A-52 — Alabama Code / Title 45 / Chapter 9A / Section 45-9A-52
Section 45-9A-52 Public Utilities Sales Tax Distribution by Lanett and Valley
Status: in_force

The Cities of Lanett and Valley in Chambers County are hereby authorized and empowered to make a contract to provide for the distribution of the municipal license tax, as measured by gross receipts, authorized and levied pursuant to Section 11-51-129 and Section 11-51-91, on public utilities which make sales of utility services within the overlapping police jurisdiction of said cities. Any agreement or contract heretofore entered into by the cities for the distribution of such tax is hereby ratified.
Ala. Code § 45-2-40.03 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-40.03
Section 45-2-40.03 Compliance with Health Requirements
Status: in_force

Any massage parlor licensed by the county governing body shall at all times comply with all health regulations, rules, and requirements as shall now or hereafter be promulgated by the State Board of Health, and any premises used for the purposes of a massage parlor shall, during all hours of operation, be made open and available to inspection by duly authorized county officials for the purpose of assuring compliance with the health rules, regulations, and requirements. Each massage parlor shall be equipped with toilet and lavatory facilities for patrons and separate toilet and lavatory facilities for employees, and each operating area shall be equipped with a hand lavatory.
Ala. Code § 45-36-250 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-250
Section 45-36-250 Exceptions Authorized
Status: in_force

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

(b) Pursuant to subsection (a) of Section 22-27-3, the Jackson County Commission may grant an additional exemption to the mandatory solid waste collection program to individuals in households whose total income does not exceed 75 percent of the federal poverty level.

(c) The Jackson County Commission may by resolution or ordinance adopt rules and regulations to implement subsection (b).
Ala. Code § 45-49-101.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-101.06
Section 45-49-101.06 Transfer of Responsibility for Payment of Fine
Status: in_force

(a) The owner may not be responsible for payment of the civil fine resulting from a notice of violation if each of the following conditions apply:

(1) The vehicle was operated at the time of the violation by a person who was not the owner, or an agent or employee of the owner.

(2) The owner signs and timely transmits to the county or municipality, on the form provided with the notice of violation and in accordance with the procedure set out on the notice of violation, a statement that he or she was not operating the vehicle at the time of the violation, and that the person who was operating the vehicle was not the agent or employee of the owner.

(3) The owner timely transmits to the county or municipality, on the form provided with the notice of violation and in accordance with the procedure set out on the notice of violation, the name and mailing address of the person who was operating the vehicle.

(4) The civil fine is paid by any person, unless there is adjudication that no violation occurred or there is otherwise a lawful determination that no civil penalty shall be imposed.

(b) Whenever a county or municipality located in Mobile County or the Alabama State Law Enforcement Agency timely receives the information required from the owner to transfer responsibility, it shall issue a new notice of violation to the person to whom the owner transferred responsibility with an explanation as to why the person is receiving the notice of violation, in the same manner as if the person were the owner of the vehicle. The person shall be responsible for payment of the civil fine unless the person either:

(1) Timely returns a signed statement, on a form provided with the notice of violation, that he or she was not the operator and declining responsibility, in which case responsibility shall fall back to the owner.

(2) Admits to being the operator but denies committing a violation, in which case the person may contest the notice of violation in the same manner as the owner may contest the notice of violation.

(c) In cases in which a person other than the owner denies he or she was the operator and declines responsibility, a new notice shall be issued to the owner stating that the other person declined responsibility and giving the owner the option of paying the civil fine or contesting the violation by a stated date that shall be not less than 30 days from the mailing of the new notice. The owner may not attempt to transfer responsibility more than one time using this procedure. If the owner chooses to contest the notice of violation after the owner has unsuccessfully attempted to transfer responsibility using this procedure, and the owner claims in defense that another person was the operator of the vehicle, the court may take appropriate action to cause the owner and the other person to appear at the same hearing to determine responsibility.
Ala. Code § 45-48-243 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-243
Section 45-48-243 Levy and Collection of Taxes
Status: in_force

(a) The State Department of Revenue is hereby authorized and directed to collect all taxes now or hereafter levied by Marshall County upon the business of selling, delivering, withdrawing from storage, or keeping in storage for sale or delivery in such county gasoline, naptha, and other liquid motor fuels or any substitute therefor, commonly used in internal combustion engines.

(b) All persons, firms, businesses, and corporations subject to and owing such taxes shall be and hereby are directed to pay the same over to the State Department of Revenue and such payment shall be a full and complete discharge of all liability therefor to Marshall County.

(c) This section shall apply to taxes that have become owing both before and after October 1, 1981.

(d) The State Department of Revenue is authorized to promulgate reason- able rules and regulations to facilitate the orderly and efficient collection of these taxes.

(e) The State Department of Revenue is authorized to recover all costs of collecting such taxes from the proceeds thereof and shall pay the net amount remaining thereafter to Marshall County.
Ala. Code § 45-21-20 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-20
Section 45-21-20 Sale of Draft Beer or Malt Beverages
Status: in_force

The Crenshaw County Commission, by majority vote, may authorize the sale of draft beer or malt beverages in the county for on-premises and off-premises consumption by retail licensees of the Alabama Alcoholic Beverage Control Board, provided the draft beer sold for off-premises consumption may not exceed 288 ounces per customer per day which is sealed, labeled, packaged, and taxed in accordance with state and federal laws and regulations.
Ala. Code § 45-18-70.06 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-70.06
Section 45-18-70.06 Inspection of Roads and Bridges
Status: in_force

It shall be the duty of each associate member of the county commission to inspect the roads and bridges of his or her district from time to time, and hear the suggestions and complaints of the citizens, and report the same to the county commission with his or her recommendations; to advise with the county engineer concerning the problems of his or her district particularly; and to assist in securing rights-of-ways and assist in public relations generally.
Ala. Code § 45-1-232.21 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-232.21
Section 45-1-232.21 Definitions
Status: in_force

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

(1) BOARD. The Autauga County Work Release Board, which shall be composed of the following members: The circuit clerk of the county, the chief jailer of the county, and the sheriff of the county.

(2) FUND. The Autauga County Work Release Fund.

(3) INMATE. Anyone housed in the Autauga County Metro Jail, regardless of reason for the housing.

(4) PROGRAM. The Autauga County Work Release Program.
Ala. Code § 45-44-170.03 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-170.03
Section 45-44-170.03 Public Nuisance - Motor Vehicles
Status: in_force

(a) Except as provided in subsection (b), it constitutes a public nuisance for any person to park, leave, or store upon any place or premises in public view within the unincorporated territory of Macon County more than one motor vehicle, which is not currently and validly registered and tagged as required by state law.

(b) Subsection (a) shall not apply to a licensed business if the parking, leaving, or storing of the motor vehicle is reasonably necessary in the operation of the business, directly or indirectly.
Ala. Code § 45-44-60 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-60
Section 45-44-60 Compensation
Status: in_force

(a) The Coroner of Macon County shall be entitled to receive an additional expense allowance in the amount of three hundred dollars ($300) per month paid from the county general fund. This expense allowance shall be in addition to any and all other compensation, salary, and expense allowances provided for by law.

(b) The Coroner of Macon County shall be entitled to receive an additional expense allowance in the amount of one thousand dollars ($1,000) per month to be paid out of the county gasoline tax fund or the county general fund. This expense allowance shall be in addition to any and all other compensation, salary, and expense allowances provided for by law.
Ala. Code § 45-44-245 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-245
Section 45-44-245 Definitions; Levy of Tax; Permit; Fees
Status: in_force

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

(1) PERSON. Any individual, firm, partnership, corporation, association, or combination who, for a fee, severs clay, sand, or gravel within Macon County.

(2) PRODUCER. Any person engaging in the business of severing clay, sand, or gravel for a fee from the soil within Macon County.

(3) SEVERING. Cutting, mining, stripping, or otherwise taking or removing clay, sand, or gravel from the soil within Macon County for a fee.

(b) In Macon County, the Macon County Commission may levy an additional severance fee of seven cents ($.07) per ton on gravel or nine cents ($.09) per cubic yard, or two cents ($.02) per ton on sand and clay or three cents ($.03) per cubic yard, whichever is applicable, on the severance of clay, sand, or gravel. These fees are levied and collected based upon tons or yards sold. Each producer shall collect the fee from the purchaser at the point of sale. The county commission may contract with the State Revenue Department to collect the tax and may pay an administrative fee to the department.

(c) Each producer and each transporter of clay, sand, or gravel which is severed in Macon County shall apply for a permit. The Judge of Probate of Macon County shall issue the permit upon a form which shall be provided by the judge of probate. The permit shall entitle a producer or transporter to drive or operate a truck or trucks transporting clay, sand, or gravel which has been severed from the soils in Macon County. At the time of applying for the permit, the applicant shall pay to the judge of probate an annual fee determined by the Macon County Commission in an amount not to exceed five hundred dollars ($500) annually. The permit may be renewed annually as provided by the Macon County Commission.

(d) The fees imposed by this section shall constitute a debt due Macon County and may be collected by civil suit in addition to other methods provided by law. The court may impose a civil penalty not to exceed one thousand dollars ($1,000) for failure to pay the fees or secure a permit fee as provided by this section.

(e) The Macon County Commission and the judge of probate shall distribute the proceeds of the severance taxes and permit fees as follows:

(1) Ninety percent to the Macon County Economic Development Authority which shall use the funds for economic development activities.

(2) Ten percent to the Macon County Sheriff’s Department which shall use the funds to defray the cost of enforcing this section.
Ala. Code § 45-57-244.03 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-244.03
Section 45-57-244.03 Adding to Sales Price or Admission Fee; Collecting from Purchaser by Taxpayer
Status: in_force

Each person engaging or continuing within that part of Russell County outside the corporate limits of the Cities of Hurtsboro and Phenix City in a business subject to the taxes levied in Section 45–57–244 shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer on account of the taxes; and every registered seller shall likewise add to the sales price and collect from the purchaser the amount of any tax which the registered seller is required to collect. It shall be unlawful for any person subject to the tax levied to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount herein required to be so added to the sales or admission price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the tax to refund or offer to refund all or any part of the amount so collected or to absorb or advertise directly or indirectly the absorption or refund of the tax or any portion thereof. It shall likewise be unlawful for any registered seller to fail or refuse to add to the sales price and to collect from the purchaser the amount of the tax imposed or to refund or offer to refund or absorb, or to advertise directly or indirectly the absorption of, the tax or any portion thereof.
Ala. Code § 45-49-170.28 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-170.28
Section 45-49-170.28 Enforcement of Subpart
Status: in_force

A law enforcement officer may enforce this subpart by immediately removing the dog to an appropriate facility, without requirement for a warrant or pending due process, or both, if in responding to an incident covered by this subpart, he or she determines that the dog poses a threat to the public safety, regardless of the actions, omissions, or intent of the owner.
Ala. Code § 45-9-230.01 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-230.01
Section 45-9-230.01 Salary Increase
Status: in_force

The Sheriff of Chambers County shall be entitled to receive a salary increase in the amount of ten thousand dollars ($10,000) to be added to his or her existing base salary. The additional increase shall become effective with the sheriff’s 2019 term of office. This increase shall be paid out of the county general fund. This salary increase shall be in addition to any and all other compensation, salary, and expense allowances provided for by law.
Ala. Code § 45-9-234 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-234
Section 45-9-234 Issuance; Fee
Status: in_force

(a) In Chambers County, except as provided in subsection (b), the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75, shall be twenty dollars ($20), which shall be collected by the sheriff and deposited in any bank located in Chambers County into a fund designated the Sheriff’s Fund. The fund shall be drawn upon by the sheriff and used exclusively for purposes of law enforcement in the discharge of the sheriff’s office as the sheriff sees fit.

(b) Notwithstanding the foregoing, the fee for issuing the described pistol permit to a person aged 65 or older shall be ten dollars ($10).
Ala. Code § 45-47A-111 — Alabama Code / Title 45 / Chapter 47A / Section 45-47A-111
Section 45-47A-111 Sale of Draft or Keg Beer
Status: in_force

The City Council of the City of Winfield, by ordinance, may regulate and permit the sale of draft or keg beer by properly licensed retail licensees of the Alcoholic Beverage Control Board serving the general public.
Ala. Code § 45-30-250.06 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-250.06
Section 45-30-250.06 Additional Powers and Rights
Status: in_force

(a) The authority, in addition to all other powers now or hereafter granted by law, shall have the following powers and rights:

(1) To borrow money for use for any of its corporate purposes.

(2) To sell, transfer, convey, grant options to purchase, or lease all or any part of its system or systems for consideration and on terms deemed advisable and in the best interest of the authority.

(3) To consent and agree to the assignment or payment of any income received from the investment of any moneys or funds of the authority to any other public corporation or public entity, including, without limitation, the county or the state.

(4) To loan or advance its funds to any person with or without interest as it shall determine, for the purpose of financing the construction of a system or any part thereof.

(5) To contract with others for the construction of all or any part of a system or systems.

(b) The moneys held in any special fund established by the authority may be invested in any direct obligations of the United States of America, the obligations of any agency of the United States of America, interest-bearing bank deposits, or in any securities on which the payment of the principal of and interest on is fully secured by direct obligations of the United States of America.

(c) The authority shall be under no obligation to provide service to the citizens of any municipality which shall not have granted the authority and those claiming under it a franchise for any system of the authority within a municipality without payment of any fee, charge, or cost other than the cost of publication of the ordinance granting the franchise.

(d) Any transaction to which the authority or the county is a party shall be exempt from any tax levied pursuant to Article 4, commencing with Section 40-12-220, of Chapter 12 of Title 40, or any tax levied in substitution therefor.

(e) Any water system leased or subleased to, or operated or managed by, the authority or county, whether the lease or sublease is by the authority or any private part, including, without limitation, corporations or partnerships, shall be exempt from all state, county, and other taxes, including, without limitation, ad valorem taxes, regardless of the entity that shall hold the legal title to the system or facility or any part thereof, or any remainder or reversionary interest therein.

(f) Upon mutual consent of the parties, the county may acquire by lease or sublease any property comprising all or any part of a water system, from the authority or from any vendee, lessee, or sublessee of the authority, or may manage or operate the same, having all respective rights of the authority.
Ala. Code § 45-37A-250 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-250
Section 45-37A-250 Authorization to Annex Remaining Portion of Virginia Mines Fire District
Status: in_force

(a) The Legislature finds that the City of Hueytown has annexed a substantial portion of the Virginia Volunteer Fire District and desires to annex the remaining portion of the district pursuant to the procedures established in this section.

(b)(1) The City of Hueytown may annex the remaining unincorporated portion of the Virginia Volunteer Fire District, upon the filing of a petition with the clerk of the municipality requesting the annexation. The petition filed with the clerk of the municipality shall contain all of the following:

a. Signatures of 10 percent of the qualified electors residing within the district or signatures of 100 qualified electors, whichever is less.

b. A written statement signed by at least two members of the board of trustees of the district reciting that those signing the petition constitute either 10 percent of the qualified electors residing within the district or 100 qualified electors residing within the district, whichever is applicable.

c. A description of the district.

d. A statement that the City of Hueytown may consider the petition of any individual resident for deannexation, which petition is filed within six months after the date of annexation.

e. A statement that, if the entire district is annexed to a municipal corporation, the district shall thereupon be dissolved. When the district is dissolved, the dissolution shall not impair the obligation of any person to the district which accrued prior to the dissolution. The board of trustees shall continue to exist for the period of time as shall be necessary to dispose of the property and assets of the district and to otherwise conclude the affairs and business of the district, except if a district is dissolved in accordance with this paragraph, then needed firefighters, equipment, and facilities, including any real estate on which any permanent improvements for firefighting are located, shall be immediately conveyed to the annexing municipality. All cash assets transferred shall be used by the municipality for fire department expenses.

f. A statement that, if the remaining portion of the district is annexed to a municipal corporation, the district and the municipal corporation shall be authorized to enter into a contract providing for the district to continue to furnish its services to the portion of the district annexed, upon the terms and conditions as are specified in the contract.

(2)a. After the filing of a petition as provided in subdivision (1), the governing body of the municipal corporation shall provide for and finance the cost of a referendum election wherein the remaining qualified voter residents of the district may vote on whether or not the remainder of the district shall be annexed to the municipal corporation. The referendum election shall be called by the municipal corporation not less than 40 days nor more than 90 days after the annexation request is filed with the clerk of the municipality.

b. The question shall be submitted to a referendum in the following form: “Shall the territorial boundaries of the Virginia Volunteer Fire District be annexed to the City of Hueytown? YES___ NO___.”

c. If a majority of the votes cast in the election are YES, then the municipality shall annex all of the territory within the district. If a majority of the votes cast in the election are NO, then this section shall have no further effect.

(3) If the district is annexed in accordance with this section, the annexing municipality may require all residents within the district to pay to the annexing municipality all sums which would have otherwise been due to the district for fire protection. The payments to be made to the municipality shall be made in accordance with the same terms of payment as were previously made to the district and the payments shall continue for a period of not more than one year from the date of the annexation. After the expiration of one year from the date of annexation or such date as the annexed property is reassessed to include city taxes, no further payments for the services shall be due other than any amounts assessed against all citizens of the municipality as taxes or otherwise. Current zoning for all district real estate shall remain as zoned prior to annexation.

(4) Property zonings and the privileges associated with the zonings shall remain unchanged until such time the owner of the property petitions for a zoning change with the City Council of Hueytown.

(5) The property owners who voted for annexation into the City of Hueytown shall have the right to unconditional and uncontested deannexation from the City of Hueytown for a period of 18 months after annexation.

(c) This section shall have no application and shall not apply to any district other than the volunteer fire district.
Ala. Code § 45-35-20 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-20
Section 45-35-20 Legislative Findings
Status: in_force

The Legislature finds all of the following:

(1) The authority of the Legislature to enact local laws regulating the liquor traffic is preserved in Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(2) Relying on prior judicial opinions of the federal courts, it has been clearly established that reducing the secondary effects associated with adult entertainment businesses serves and furthers a substantial governmental interest, particularly when the serving of alcohol is involved.

(3) Any form of nudity and sexual conduct in establishments that serve alcohol or deal in alcoholic beverages encourages the conduct of prostitution, attempted rape, rape, murder, and assaults on police officers in and around an establishment dealing in or permitting the consumption of alcoholic beverages, and that actual and simulated nudity and sexual conduct and the depiction thereof coupled with alcohol in an establishment dealing in or permitting the consumption of alcoholic beverages begets undesirable behavior, sexual, lewd, lascivious, and salacious behavior or conduct among patrons and employees within establishments that deal in alcoholic beverages and results in violation of law and dangers to health, degradation of women, and safety and welfare of the public. It is the intent of this part to prohibit nudity, partial nudity, gross sexuality, and the simulation and depiction thereof in establishments dealing in alcoholic beverages and to thereby protect and preserve the health, safety, morals, and welfare of the people of Houston County by prohibiting any person from recklessly, knowingly, or intentionally appearing nude or semi-nude including, but not limited to, erotic dancing, bikini dancing, or other entertainment where the entertainers, employees, dancers, or waiters appear nude or semi-nude in an establishment dealing in or permitting the consumption of alcoholic beverages, or recklessly, knowingly, or intentionally causing or permitting another person to appear nude in an establishment dealing in or permitting the consumption of alcoholic beverages within the county.
Ala. Code § 45-26-242.20 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-242.20
Section 45-26-242.20 License Division Created
Status: in_force

Effective July 1, 2020, there is created within the Revenue Commissioner’s Office of Elmore County a license division which shall issue all licenses, including driver licenses, issued through the judge of probate’s office prior to July 1, 2020, except marriage licenses. Effective July 1, 2020, the judge of probate shall be relieved of these duties. The county commission shall furnish suitable quarters and provide the necessary forms, books, stationery, records, equipment, and supplies, except for stationery forms and supplies that are furnished pursuant to law by the State Department of Finance or the Comptroller. The county commission shall also provide clerks and other assistants for the revenue commissioner as shall be necessary from time to time for the proper and efficient performance of the duties of his or her office. The number and compensation of the clerks and other assistants shall be subject to the approval of the county commission. The compensation of the clerks and assistants shall be paid out of the general fund of the county in the same manner as other county employees are paid.
Ala. Code § 45-45-233.21 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-233.21
Section 45-45-233.21 Reporting to Jail
Status: in_force

Any person who has been sentenced to the Madison County Jail or any city jail within Madison County and who has been ordered released under Section 45-45-233.20, may at the time of sentence or at any time while any part thereof remains unserved, be required by the sentencing court to report to the jail to which he or she has been sentenced to be incarcerated during weekends or at such times or intervals of time as the court may direct. Time so spent in jail shall be deducted from the term of the sentence. Any part of a day spent in the institution shall count as a full day toward the sentence. In no event shall the number of days confinement exceed the number of days in the original sentence. (Acts 1978, No. 488, p. 530, § 2.)
Ala. Code § 45-33-242.06 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-242.06
Section 45-33-242.06 Construction and Application
Status: in_force

(a) None of the provisions of this subpart shall be applied in such manner as to be in violation of the commerce or other clauses of the federal or state constitution.

(b) This subpart shall not be construed to apply to cigarettes stored by a wholesale dealer for the purpose of resale or reshipment outside of such counties which are actually resold or reshipped.
Ala. Code § 45-37-121.15 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.15
Section 45-37-121.15 Appointments
Status: in_force

(a) Vacancies in the classified service shall be filled either by transfer, promotion, appointment, reappointment, or demotion. Whenever a vacancy in an existing position 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 desired qualifications of the person to be appointed, and a request that the director certify to the appointing authority the names of persons eligible for appointment to the position. The director shall thereupon certify to the appointing authority the ranking eligibles, correlating to the 10 highest test scores from the appropriate register, and if more than one vacancy is to be filled, the ranking names of the next highest test score for each available vacancy or all the names on the register if there are fewer than 10. The director shall, upon the request of the appointing authority, add to any certification for the employment the name of any person who is certified by the Director of the Division of Rehabilitation Services of the State Department of Education, as being eligible for rehabilitation services, or who is certified by a physician duly licensed to practice medicine in the State of Alabama to have a permanent neurological, muscular, skeletal, or other physical impairment rendering the person unable to transport himself or herself from place to place in a normal manner without the use of transportive devices such as a wheelchair or supportive devices such as braces, crutches, or both; but the director may nevertheless not give preference in certification for employment to any handicapped person if he or she finds the person is physically or otherwise unfit to perform effectively the duties of the position in which he or she seeks employment. The personnel board shall adopt appropriate rules and regulations governing all appointments to vacancies in the classified service to the end that such rules shall comply with the law and serve the public interest. In the event that a jurisdiction accepts and utilizes federal funds for the creation of public employment opportunities, the positions when budgeted on a full time basis for 12 months, shall be treated as any other regular position in the classified service. Should the applicable federal regulations controlling the use of the funds prescribe the unusual or exceptional prerequisites for employment in the program, the director, subject to approval of the board, may prescribe the manner in which the position shall be filled and related conditions of employment. If it is 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 the additional names be certified until 10 persons eligible and available for appointment have been certified. Within 10 days after the names are certified the appointing authority shall appoint one of those whose names are certified to each vacancy which he or she is to fill. When a new position is created by the governing body the appointing authority shall notify the director of the duties of the position and the desired qualifications of the person to be appointed. If there is no appropriate eligible list from which certification can be made, the director shall establish such a list within 45 days after receipt of the request and no provisional appointment shall be authorized within that time except with the unanimous approval of the board. The appointing authority shall report to the director the name the person appointed, the effective date of appointment, and any other information as may be required. The names of the remaining eligibles certified shall be returned to the eligible list for certification to the next vacancy which may occur. The name of an eligible may be removed from the eligible list after it has been certified and refused three times. All appointments shall be made for a probationary period of 12 months. During that period the appointing authority may remove an appointee upon filing with the director, in writing, his or her reasons for the action which action shall not be reviewable. After the expiration of the probationary period the employees shall have earned permanent status subject to this section as to removals, suspensions, and changes. No persons shall be appointed pursuant to any title not appropriate to the duties of the position to which he or she is appointed except by the consent of the director. When a position to be filled involves fiduciary or financial responsibility or law enforcement, the appointing power or the board may require the applicant to furnish a reasonable bond or other security in an amount and form to be fixed by the appointing authority subject to the approval of the board provided, but when the amount and terms of the bonds are now prescribed by law, that provision of law shall remain in effect. The bond or security shall be approved by the appointing authority, kept, and conditioned as the appointing authority prescribes unless otherwise provided by law. The appointing authority in all cases not excepted or exempted pursuant to this section or the Constitution of Alabama of 1901, shall only fill positions in the county or municipalities therein, by appointment, including cases of transfer, reinstatement, promotions, and demotions, in strict accordance with this section and the rules and regulations prescribed. In the event an appointing authority fails or refuses to fill a vacancy in an existing position from a certified list of eligibles the director may refuse to certify the payroll, voucher, or account of any ineligible person found to be performing the duties of the position. When there is no eligible list from which a vacancy in an existing position may be filled, the director may certify to the appointing authority the names of all persons who have filed notice of their intention to take an examination appropriate to the position, and who after investigation appear to have had experience or training which qualify them for the position, and a provisional appointment from among the number may be made by the appointing authority pending the establishment of an eligible list. No provisional appointment shall be continued for a period of over 10 days after the establishment of an eligible list and shall not be continued for a longer period than four months. During a war emergency period, the director may, in the absence of any appropriate eligible list, authorize a limited tenure appointment without examination. The appointment shall not be for longer than the duration of the war emergency period plus six months, and shall not give persons appointed status in the classified service by reason of the duration appointment.

(b) Notwithstanding any other provision of this part, when one or more vacancies in the entry-level position of police officer or firefighter is to be filled by appointment, the appointing authority may elect to have the director certify to the appointing authority the names of five different eligibles for each vacancy. The election may be accomplished by letter of the appointing authority, or by any other method as the board may reasonably adopt.
Ala. Code § 45-28A-42.10 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.10
Section 45-28A-42.10 Violations
Status: in_force

It shall be a violation of this subpart for any official, officer, or other person to issue, give, or lend one of the regulation police or detective badges to any person other than a regularly employed police officer or detective of the city.
Ala. Code § 45-5-233.07 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-233.07
Section 45-5-233.07 Applicability
Status: in_force

This part shall not apply to abandoned motor vehicles, which are subject to Chapter 13 of Title 32.
Ala. Code § 45-49A-20.04 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-20.04
Section 45-49A-20.04 Assessment of Costs; Sale and Redemption of Lots
Status: in_force

The city shall have the power to assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the State of Alabama at any sale for the nonpayment of taxes, and where any such assessment is made against such lot or lots, parcel or parcels of land, a subsequent redemption thereof by any person authorized to redeem, or sale thereof by the state, shall not operate to discharge, or in any manner affect the lien of the city for such assessment, but any redemptioner or purchaser at any sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state for the nonpayment of taxes, shall take the same subject to such assessment.
Ala. Code § 45-8A-23.006 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.006
Section 45-8A-23.006 Election of First Council; Term of Office
Status: in_force

Within five days of the date of his or her receipt of the certificate of adoption the judge of probate with whom the certificate was filed shall call an election to be held on the first Tuesday in September, 1954. The expenses of this election shall be paid by the city. Before calling such election the judge of probate shall cause the city to be divided into five wards containing as nearly equal number of people as possible. Candidates shall qualify in the manner prescribed in Section 45-8A-23.051 and shall have the qualifications and eligibility set forth in Sections 45-8A-23.052 and 45-8A-23.053. Each candidate shall announce the ward from which he or she desires to become a candidate. Each voter in the election may cast one vote for a candidate from each of the wards. Any candidate receiving a majority of the total votes cast for the candidates from the ward from which he or she is a candidate shall be elected as the councilman from his or her ward. In the event that any or all of the wards shall not have a candidate who received such a majority in the election then as to such ward or wards there shall be a runoff election to be held two weeks after the first election. In the runoff election only those two candidates from each ward who receive the largest vote in the first election shall be eligible in the runoff election, and only these two shall have their names placed on the ballot for the runoff election. Any candidate receiving a majority of the total votes cast in the runoff election for the candidates from the ward from which he or she is a candidate shall be elected as councilman from his or her ward. The councilman so elected shall take office on the first Monday in October following the election. Each councilman shall hold office for four years, except those elected in 1973, but shall serve until his or her successor shall have qualified. A councilman may succeed himself or herself in office.
Ala. Code § 45-37-84.44 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-84.44
Section 45-37-84.44 Confidential Judicial Assistant
Status: in_force

(a) The judge of probate may appoint and employ a confidential judicial assistant to assist with the operation of the office of the judge of probate who shall serve at the pleasure of the judge of probate.

(b) A confidential judicial assistant shall be entitled to receive, at the approval of the presiding judge of probate, a salary not more than the equivalent of salary grade level 23, or its equivalent if grade levels are hereafter renumbered, as established by the Jefferson County Personnel Board.

(c) A confidential judicial assistant shall not be subject to any merit system applicable to the employees of Jefferson County. If the person appointed confidential judicial assistant is an employee of Jefferson County in a position subject to a merit system, the person, upon the date of termination as a confidential judicial assistant, shall be entitled to return to the employ of Jefferson County in a position subject to the merit system classification equal to or higher in grade than the position held by the person as of the date the person was initially employed as a confidential judicial assistant.

(d) If the person subsequently returns to employment with the county in a merit system classification as described herein, service time as a confidential judicial assistant shall be considered for all purposes as service time as a merit system employee of Jefferson County.

(e) A confidential judicial assistant shall be entitled to the same employee benefits as a merit system employee of Jefferson County with an equivalent salary grade. The office of the judge of probate shall transfer funds to the Jefferson County General Fund to be paid to the confidential judicial assistants on a biweekly basis.

(f) A confidential judicial assistant may become a member of any pension plan available to employees of Jefferson County, if application for membership is made to the pension plan within 30 days of the date of employment as a confidential judicial assistant.
Ala. Code § 45-51-150.17 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-150.17
Section 45-51-150.17 Applicability of Laws
Status: in_force

Any other law providing a penalty or disability upon a person who conducts or participates in bingo games, who possesses equipment used in conducting bingo, who permits bingo to be conducted on his or her premises, or who does other acts in connection with bingo, shall not apply to such conduct when done pursuant to this article or rules promulgated under this article.
Ala. Code § 45-49A-63.195 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.195
Section 45-49A-63.195 Prevention of Escheat
Status: in_force

If the board cannot ascertain the whereabouts of any person to whom a payment is due under the plan, the board may, after such payment is due and prior to the funds escheating to the city or the State of Alabama under any applicable escheat laws, mail a notice of such due and owing payment to the last known address of such person as shown on the records of the board or the city. If such person has not made written claim therefor within three months of the date of the mailing, the board, if it so elects and upon receiving advice from counsel to the plan, may direct that such payment and all remaining payments otherwise due such person be canceled on the records of the plan and the amount thereof applied to reduce the contributions of the city. Upon such cancellation, the plan shall have no further liability therefore except that, in the event such person or his or her beneficiary later notifies the board of his or her whereabouts and requests the payment or payments due to him or her under the plan, the amount so applied shall be paid to him or her in accordance with the plan.
Ala. Code § 45-49-101.12 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-101.12
Section 45-49-101.12 Cause of Action by Owner Against Actual Operator
Status: in_force

(a) Any person who is held responsible for payment of a civil fine as provided herein, but who was not actually operating the involved vehicle, who timely and properly followed the procedure to transfer responsibility but is ultimately held responsible because of the person’s ownership of the vehicle, and who actually pays the civil fine, shall have a cause of action against the person who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable attorney fee, without regard to the rules regarding joint and several liability, contribution, or indemnity.

(b) As a condition precedent to the bringing of a civil action under subsection (a), the person held responsible for payment of the civil fine must first make written demand on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then the cause of action shall be extinguished and no attorney fees or other damages shall attach to the reimbursement.
Ala. Code § 45-46-110 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-110
Section 45-46-110 Expense Allowance for Election Officials Working at Polling Places
Status: in_force

In Marengo County, election officials who work at polling places are hereby entitled to an additional per diem allowance in such an amount as will, together with any amount paid by the state make the total paid to such officials thirty dollars ($30) for each day they work at the polls. If the amount paid to such officials as compensation or expense allowance by the state increases in the future, then the amount paid by the county under this section shall automatically decrease in a like amount. The expense allowance provided for in this section shall be paid from the general fund of the county.
Ala. Code § 45-38-240.06 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-240.06
Section 45-38-240.06 Office Space and Equipment
Status: in_force

The county commission shall provide the necessary offices for the county revenue commissioner, and his or her deputies, clerks, and assistants, and shall provide all stationery, equipment, and office supplies needed for the efficient performance of the duties of the office and not otherwise furnished by law by the Department of Revenue, the Department of Finance, or the Comptroller.
Ala. Code § 45-33-243.02 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-243.02
Section 45-33-243.02 Producer Reports and Payments
Status: in_force

Every producer shall within 20 days after the end of each calendar month, whether or not he or she shall have severed or sold any pit run sand, clay, sand-gravel, clay-gravel, sand-clay, and gravel during that month, file with the Department of Revenue a report which shall set forth, in a form prescribed by the department, the amount of pit run sand, clay, sand-gravel, clay-gravel, sand-clay, and gravel in tons, of any, severed or sold, as the case may be, by such producer during the next preceding calendar month; the point of severance thereof; the amount of tax due; and such other information as the department may reasonably require for the proper enforcement of this part. The producer shall accompany such report with payment of the full amount of the tax shown to be due. The report shall be signed by the producer in the case of an individual producer, or by a member, officer, or manager of the producer in other cases.
Ala. Code § 45-29-83.45 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-83.45
Section 45-29-83.45 Vehicle Information Required for Assessment
Status: in_force

Before any vehicle can be assessed, the judge of probate shall be furnished the tag number presently on the vehicle unless such vehicle is new, in which case the judge of probate shall be furnished a bona fide bill of sale from the dealer showing when the vehicle was bought new. In the case of a used car brought into the state from a state which provides that upon sale or transfer of the motor vehicle the tags are either surrendered to an appropriate authority or subsequently reissued by the seller, the judge of probate shall be furnished a bona fide certificate of title properly assigned which shows when the car was sold to an individual, firm, corporation, or association, living or operating in this state. If such tag number or bill of sale or certificate of title is not furnished, the vehicle shall be presumed to have been in the state the entire year for which taxes are being assessed.
Ala. Code § 45-45-161 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-161
Section 45-45-161 Distribution of Payments
Status: in_force

(a)(1) Pursuant to the authority granted by Section 40-28-2, Madison County’s share of payments made by the Tennessee Valley Authority to the state in lieu of ad valorem taxes shall be distributed in the following manner:

(1) Up to one percent of such payments each year shall be used to establish, equip, and maintain a legislative delegation office. All decisions concerning the Madison County Legislative Office including, but not limited to, revenue, income, or purchases shall be made by resolutions of the delegation adopted by a concurrent majority of the Madison County delegation, senators and house of representative members, each house voting separately. Such resolution may provide an operation procedure for the delegation office. The Madison County Commission shall immediately pay such amounts from such funds as the Madison County legislative delegation may request. Requests shall be in the form of a resolution passed by the county legislative delegation, signed by one senator and one member of the House of Representatives from the county who shall be duly appointed by the legislative delegation. The legislative delegation shall expend such monies to employ staff, acquire adequate physical office space, equipment, supplies, services, and all other necessary items and may also expend the monies for other county purposes at the discretion and direction of the legislative delegation. The persons employed and expenditures of the funds by the legislative delegation shall be in their discretion. Any funds allocated but not spent at the end of the fiscal year, in accordance with this subsection, shall not revert to the general fund of the county treasury, but shall be carried forward and shall remain available year to year for expenditure. The revenue and expenditures of the legislative office shall be audited on an annual basis.

(2) In addition to its annual budget allocation, the legislative delegation is authorized to receive a separate allocation for extraordinary purchase of equipment, not to exceed 10 percent of its budget allocation. It is understood this allocation may not be made annually, but only as needed.

(b) The remaining money, disbursed pursuant to the authority granted by Section 40-28-2, shall be prorated in the following manner:

(1)a. Seventy percent of the remaining money shall be distributed among the county school system and the municipal school systems on the basis of average daily attendance of each school system as it bears to the total average daily attendance of all county and municipal school systems based on the number of students residing within the county. Beginning October 1, 2000, of this amount received by the City of Madison school system, forty thousand dollars ($40,000) shall be expended annually at Bob Jones High School in the City of Madison on outdoor athletic facilities, extracurricular equipment, athletic fields, or stadiums and ten thousand dollars ($10,000) shall be expended for the City of Madison middle schools for outdoor athletic facilities, including athletic fields or extracurricular equipment. Of this amount received by the county, two hundred fifty thousand dollars ($250,000) shall be expended annually by the county school system on outdoor athletic facilities, including athletic fields or stadiums. Beginning with the 2002–2003 school year, the funds provided to the county school system pursuant to the preceding sentence for outdoor athletic facilities shall be expended annually as follows: Forty thousand dollars ($40,000) shall be expended at each of the current five high schools in the county school system for outdoor athletic facilities, including athletic fields or stadiums, and fifty thousand dollars ($50,000) which shall be distributed to the middle schools in the county school system and expended for outside athletic facilities, including athletic fields. Any funds currently being held on February 1, 2006, for matching purposes at middle schools shall be released to the middle school for which the funds were being held without regard to any matching funds for outside athletic facilities, including athletic fields. Upon a request by an individual school and its athletic booster club or association, the Madison County Board of Education or the Madison City Board of Education, within its respective school system, may pledge funds provided pursuant to this paragraph for high school athletic fields or stadiums as collateral for securing loans for the construction of new outdoor athletic fields or stadiums.

b. Notwithstanding the foregoing, for the first fiscal year following February 23, 2010, the county school system shall reimburse any municipal school system in the amount of three-fourths of any loss incurred by that municipal school system under this section. For the second fiscal year following February 23, 2010, the county school system shall reimburse any municipal school system in the amount of one half of any loss incurred by that municipal school system under this section. For the third fiscal year following February 23, 2010, the county school system shall reimburse any municipal school system in the amount of one fourth of any loss incurred by that municipal school system under this section. Any reimbursements made pursuant to this section shall be made prior to any transfers of money to any municipal school system pursuant to this section.

(2) Nine percent of the remaining money shall be paid to the Madison County General Fund.

(3) One percent shall be allocated to municipal schools on academic alert or academic caution as determined by the State Superintendent of Education for the first five fiscal years following October 1, 1997, and thereafter the one percent shall be allocated pursuant to subdivision (1).

(4) Nineteen and one-half percent of the remaining money shall be paid to the City of Huntsville General Fund of which 15 percent shall be earmarked to the Huntsville City School System.

(5) One-half percent of the remaining money shall be paid to the incorporated municipalities within Madison County on a per capita basis. Payments shall be distributed in the following manner:

a. Sixty-five percent to the county school system to be paid by the municipal governing body directly to the school system.

b. Thirty-five percent to the municipal general fund.

(c)(1) Provided, however, notwithstanding the foregoing, the three percent increase to be distributed to Madison County pursuant to Section 40-28-2, shall be paid to the Madison County Delegation Office for the 2007 fiscal year only and then to the Madison County Commission to be expended exclusively for road projects as follows:

a. Fiscal year 2008, Old Madison Pike Bridges.

b. Fiscal year 2009-2010, extending Martin Luther King Jr. Blvd to Memorial Parkway.

c. Fiscal year 2011-2012, Winchester Road to Naugher Road.

d. Fiscal year 2013, King Drake to U.S. 431 Connector.

e. Fiscal year 2014-2015, U.S. 431 Bridges.

f. Fiscal year 2016, Jeff Road-University Drive to Capshaw Road.

g. Fiscal year 2017, Zierdt Road-Madison Blvd to Martin Road.

(2) In any fiscal year in which any of the aforementioned road projects are not begun or completed, the funds for such projects shall be placed in a separate escrow account to be used exclusively for the unfinished or incomplete project.

(d) Notwithstanding subsection (c), all future growth in excess of two and one-half percent, excluding the three percent allocation in subsection (c), shall be distributed to the Madison County Legislative Delegation Office.

(e) Notwithstanding any other provision of this section to the contrary, any increase in funding received by Madison County as a result of any legislation enacted after February 23, 2010, shall be distributed to the Madison County Legislative Delegation Office.
Ala. Code § 45-52-232 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-232
Section 45-52-232 Receipt of Badge, Pistol, Etc., Upon Retirement
Status: in_force

Any individual employed by the Morgan County Sheriff’s Office as a law enforcement officer for a period of 10 years or more who retires from the department in good standing may receive from the sheriff, at his or her discretion, without cost, a retired badge and a pistol, provided the pistol is furnished by the department.
Ala. Code § 45-26-140 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-140
Section 45-26-140 Protection of Forests; Costs
Status: reserved

(a) The County Commission of Elmore County is authorized, when the need exists, to provide protection against forest fires in Elmore County by participating in the Alabama Forestry Commission’s fire protection program in the manner hereinafter specified.

(b)(1) After the Elmore County Commission has determined that such a need does exist in Elmore County, the county commission may, in the manner hereinafter specified, provide for a financial charge or tax to be paid by the owners of forest lands located in Elmore County for the use of the land for timber growing purposes amounting to the whole or any part of the cost of such fire protection program, but not in excess of ten cents ($.10) per acre, provided such financial charge or tax is not greater than the benefit accruing to such forest lands due to availability of such fire protection.

(2) Forest lands, as used in this section, shall mean any land which supports a forest growth, or which under prevailing natural and economic conditions may be expected to support such a growth in the future, or which is being used or reserved for any purpose. Forest lands, as used in this section, shall not include any lands primarily used for residential purposes nor shall it include any publicly owned lands.

(3) The finance charge or tax fixed as provided in the above subsection shall be payable at the same time and in the same manner as county taxes, and the owners of the forest lands, as herein defined, shall make report of the same to the Tax Assessor of Elmore County, Alabama, at the time fixed by law for making return of the property of such property owned. Financial charges or taxes levied shall constitute a lien on the property against which they are charged or taxed in case of default in the payment of such financial charge or tax.

(c) The county governing body of Elmore County is authorized to appoint agents and delegate authority to individuals to search out forest lands in Elmore County, to determine the area and owners thereof, and report the same to the Tax Assessor of Elmore County who shall be authorized, after notice by certified mail to such owners, and hearing before the county governing body if requested by such owners, to place the financial charge or tax against the forest land as may be determined by the report of such agents or the determination of the county governing body. It shall be the responsibility of the Tax Assessor of Elmore County to establish such rules and regulations as are necessary to administer the provisions of this section.

(d) The tax herein imposed shall be due and payable to the Tax Collector of Elmore County, and shall, when collected, be paid to the Treasurer of Elmore County. All monies collected in accordance with this section shall be spent in participating in the Alabama Forestry Commission’s forest fire protection program in Elmore County.

(e) The County Commission of Elmore County is authorized to remove such financial charge or tax after the county commission has determined that the financial charge or tax is no longer needed. The county commission shall hold public hearings to determine whether or not the financial charge or tax is still needed. Procedures for such public hearings shall be the same as those in subsection (c).
Ala. Code § 45-17-81.23 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-81.23
Section 45-17-81.23 Funding
Status: in_force

The pretrial diversion program may apply for grants applicable to the aims of the program, may accept gifts from individuals or corporations, and may receive funding or appropriations from city, county, or state agencies or departments to be used in the maintenance or expansion of the pretrial diversion program.
Ala. Code § 45-55-171.22 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-171.22
Section 45-55-171.22 Individuals with Mental Illness Taken into Temporary Protective Custody
Status: in_force

(a)(1) Concurrently with Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others.

(2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and treatment to those with mental illnesses or other designated treatment facility for an evaluation and treatment.

b. If the individual does not consent to the transport, the officer may use reasonable force necessary to carry out the transport.

c. The individual shall be released from the hospital or designated treatment facility within 72 hours, exclusive of Saturday, Sunday, or any legal holiday, unless a judge of probate orders further inpatient or outpatient treatment for the individual as provided in Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22.

d. Upon a determination by an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state that an individual transported to the hospital pursuant to this section is not mentally ill or a danger to self or others, the hospital shall promptly communicate this information to the appropriate law enforcement officer. The law enforcement officer shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer has some legal cause for detaining the individual other than the individual’s mental condition. After the individual is released, and upon request of the individual, the law enforcement officer shall transport the individual to his or her residence or other place of abode if it is within the county.

(b) Protective custody by a law enforcement officer under this section shall not be considered an arrest for any purpose, and no entry or other record may be made to indicate that an individual subject to temporary protective custody by a law enforcement officer under this section has been detained or charged with any crime.

(c)(1) It is the policy of this state to encourage a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility to act in the best interests of the state by detaining individuals who are mentally ill and a danger to themselves or others for evaluation and treatment. The state finds that these actions are necessary to protect the individuals and the public. These entities and individuals are acting in the name of the state and are acting as state agents, when acting pursuant to this subpart, in making determinations, detaining, releasing, admitting, discharging, or otherwise taking action under this subpart. When acting pursuant to this subpart, a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility shall be afforded immunity under Section 36–1–12, as any other state employee or agent of the state.

(2) Nothing in this subpart shall modify, amend, repeal, or supersede any provision of Section 6–5–333, the Alabama Medical Liability Act of 1987, commencing with Section 6–5–540, or the Alabama Medical Liability Act of 1996, commencing with Section 6–5–548, or any amendment to any of these laws or any judicial interpretation of these laws.
Ala. Code § 45-2-120.08 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-120.08
Section 45-2-120.08 Personnel Appeals Board
Status: in_force

(a) There shall be established the Baldwin County Personnel Appeals Board. The board shall hear all appeals from final action as requested by an affected employee.

(b) The Baldwin County Personnel Appeals Board shall be composed of five persons who are residents of the county. The members of the board shall be appointed as follows: Two members shall be appointed by the county commission, two members shall be selected by the classified employees using the procedure provided in this section. The fifth member shall be selected by the other four members of the board within 30 days after the four members of the board are selected and take office. In the event the four members of the board cannot agree on a fifth member within 30 days, then the fifth member shall be selected as follows: The members appointed by the county commission shall nominate one person and the members selected by the classified employees shall nominate one person. From these two nominees, the fifth member of the board shall be selected by lot.

(c)(1) The personnel department shall notify all classified employees that nominations for membership on the board will be accepted for a period of 10 work days from that date and instructing all interested classified employees to submit nominations to the Personnel Director of Baldwin County within that period. Nominations shall be limited to persons who are classified employees of the county.

(2) The personnel director shall compile a list of the nominations and cause ballots to be prepared and distributed to all classified employees and shall instruct all classified employees of their right to vote for one name contained on the list of nominees.

(3) The employees shall be instructed to tender their ballots in sealed envelopes to their supervisors within five work days for submission to the personnel director who shall make appropriate arrangements for their tabulation. Upon tabulation of the ballots, the personnel director shall obtain written certification executed by all the county employees who assisted during the counting of the ballots and shall submit the fully executed written certification to the Baldwin County legislative delegation following each election. The certification and ballots shall be retained by the personnel director as public records for 12 months from the date of certification of the results.

(4) In the event that any one employee received a majority of all votes cast, he or she shall be deemed elected to serve on the board. In the event that no employee receives a majority of all votes cast, then the names of the two employees receiving the most votes on the initial ballot shall be placed on a run-off ballot and voted upon by the employees as set forth above. The employee then receiving the most votes shall be deemed elected to membership on the board.

(d) No person who holds elected office, is a candidate for elected office, or receives a salary from the county, except the classified employee board members, shall serve on the board. An employee board member’s term shall immediately terminate upon occurrence of any one of the foregoing conditions. A vacancy shall be filled in the same manner as the original appointment of a board member as soon as possible after a vacancy occurs. A board member shall be eligible for reappointment to successive terms on the board.

(e) Each member shall serve a three-year term with the exception of the initial members of the board. The initial members shall draw lots to determine two members who shall serve a three-year term, two members who shall serve a two-year term, and one member who shall serve a one-year term.

(f) The board shall follow administrative procedures adopted by the county commission to implement the appeals process. The personnel department shall provide all necessary clerical and administrative support for the board. The board shall meet as needed. Each year, board members shall select from among themselves a chairperson and secretary of the board. Board members may be compensated as established from time to time by the county commission.

(g) All testimony shall be under oath and the board has the power to subpoena witnesses and demand production of relevant documents. The board has the authority to affirm, revise, or amend any previous personnel decisions after a hearing.

(h) The board shall hear all appeals from the final action of the department head with respect to disciplinary action. From any adverse decision of the county commission, the employee shall be entitled to, within seven work days, appeal to the Circuit Court of Baldwin County for a nonjury trial.
Ala. Code § 45-37A-100.10 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-100.10
Section 45-37A-100.10 Civil Actions
Status: in_force

The city is authorized to file civil actions to enforce the provisions of an ordinance authorized by this article, including, but not limited to, pursuing collection actions to obtain judgments for unpaid fines or fees, or both, imposed under an ordinance authorized by this article, by lawful means to secure payments of the same.
Ala. Code § 45-42-200.02 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-200.02
Section 45-42-200.02 Office; Supplies; Personnel
Status: in_force

The county commission shall furnish suitable quarters for the county license commissioner, and provide the necessary forms, books, stationery, records, equipment, and supplies, except such stationery, forms, and supplies as are furnished pursuant to law by the State Department of Finance, the Comptroller, or otherwise. The county commission shall also provide such clerks, deputies, and other assistants for the commissioner as shall be necessary from time to time for the proper and efficient performance of the duties of the office. The commissioner shall recommend employment and discipline, subject to commission approval, of such clerks, deputies, and other assistants. The number and compensation of such clerks and other assistants shall be subject to the approval of the county governing body. The compensation of the clerks, deputies, and assistants shall be paid monthly out of the general fund of the county in the same manner as other county employees are paid.
Ala. Code § 45-8A-23.176 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.176
Section 45-8A-23.176 Transfers of Appropriations
Status: in_force

The city manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department, board, or agency, subject to paragraphs a. to j., inclusive, of subdivision (2) of Section 45-8A-23.091. The council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department, board, or agency, subject to paragraphs a. to j., inclusive, of subdivision (2) of Section 45-8A-23.091. No transfer shall be made from the appropriations fixed by law or required by subsections (a) to (i), inclusive of Section 45-8A-23.144.
Ala. Code § 45-56-242.27 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-242.27
Section 45-56-242.27 Taxes May Not Be Abated by Government or Other Public Body Pursuant to the Tax Incentive Reform Act of 1992
Status: in_force

Notwithstanding any provision of law to the contrary, none of the taxes herein authorized to be levied and collected may be abated by any governmental or other public body pursuant to Chapter 9B of Title 40 or otherwise.
Ala. Code § 45-16-130.05 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-130.05
Section 45-16-130.05 Bond
Status: in_force

Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount of five thousand dollars ($5,000), payable to Coffee County, conditioned for the faithful discharge and performance of his or her duties as such engineer, and for the faithful accounting of all monies or property of the county, which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama, and be approved by the commission. The premiums thereon shall be paid by the county.
Ala. Code § 45-2-21 — Alabama Code / Title 45 / Chapter 3 / Section 45-2-21
Section 45-2-21 Draft or Keg Beer or Malt Beverages; Permits
Status: in_force

This subpart applies only to Baldwin County.
Ala. Code § 45-49A-63.125 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.125
Section 45-49A-63.125 Meetings
Status: in_force

(a) The board shall meet not less than once each month and at such other times as may be considered necessary by the chair of the board. All meetings shall be upon such notice, at such place or places, and at such time or times as the board may from time to time determine. Five members of the board shall constitute a quorum for the transaction of business. Board members must be present to vote; no proxies shall be allowed. Each board member shall have one vote. Action shall be taken by a majority of the votes cast.

(b) The board shall keep separate and adequate records of all its meetings and proceedings. The records shall be public and shall be subject to inspection during normal business hours to the extent required by Alabama law.
Ala. Code § 45-49A-90 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-90
Section 45-49A-90 Warrant Recall Fee
Status: in_force

(a)(1) Notwithstanding any law to the contrary, a municipal magistrate of the City of Saraland may assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant arising from any municipal ordinance violation against the City of Saraland.

(2) The warrant recall fee shall be one hundred dollars ($100) and is to be paid by the defendant at the time the warrant is recalled.

(3) Nothing herein shall be construed to require the City of Saraland to recall a warrant that has been issued. All orders to recall a warrant shall be issued solely in the discretion of the municipal judge or magistrate.

(b) All fees received by the City of Saraland Municipal Court for the warrant recall fee shall be deposited into the City of Saraland Corrections Fund and allocated in conformity with subsection (a) of Section 11-47-7.1.
Ala. Code § 45-49-171.67 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-171.67
Section 45-49-171.67 Personal Effects on or About Body
Status: in_force

The County Medical Examiner of Mobile County or any law enforcement officer having jurisdiction and with the approval of the county medical examiner shall take possession of personal effects on or about the dead body and notify the next of kin in regard to the death. Such personal effects may be retained as evidence if deemed necessary or forthwith be returned to the next of kin.
Ala. Code § 45-40-140.03 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-140.03
Section 45-40-140.03 Payment of Finance Charge or Tax; Reporting
Status: in_force

Any financial charge or tax fixed as provided in Section 45-40-140.02 shall be payable at the same time and in the same manner as county taxes and the owners of the forest lands, as herein defined, shall make report of same to the Tax Assessor of Lawrence County at the time fixed by law for making return of the property of such property owner. Financial charges or taxes levied shall constitute a lien on the property against which they are charged or taxed.
Ala. Code § 45-8A-20.19 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-20.19
Section 45-8A-20.19 Dissolution of the Corporation and Vesting of Title to Property in the City
Status: in_force

At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record a certified copy of the resolution in the office of the Judge of Probate of Calhoun County, the authority shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to the city.
Ala. Code § 45-35A-51.01 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51.01
Section 45-35A-51.01 Definitions
Status: in_force

The following words, terms, and phrases, wherever used in this part, shall have the meaning respectively ascribed to them in this section, unless the context plainly indicates a different meaning:

(1) APPOINTING AUTHORITY. A department head.

(2) BOARD. The personnel board herein authorized.

(3) CLASSIFIED SERVICE. Includes all offices, positions, and employment in the City of Dothan as these offices, positions, and employment now or may hereafter exist, the holders of which are paid whether by salary, wages, or fees, in whole or in part, from funds of the city, except those expressly placed in the unclassified service.

(4) COMMITTEE. The citizens supervisory committee herein created.

(5) DEPARTMENT HEADS.

a. City manager as the administrative head of the municipal government.

b. City clerk-treasurer in charge of the administrative department.

c. City engineer in charge of the engineering department.

d. Electrical superintendent in charge of the electrical department.

e. Fire chief.

f. Chief of police.

g. Superintendent of recreation.

h. Superintendent of sanitation.

i. Superintendent of streets.

j. Superintendent of water.

k. The heads of such other functional departments that may be established or created to provide services required in the efficient and effective administration and operation of the municipal government, and to meet requirements imposed by state or federal regulations and rules, whether such new department is created by the abolition of an existing department or departments, the consolidation of two or more departments into one department or by the creation of a completely new department or departments. Any proposed increase or decrease in the number of city departments shall be initiated by the city governing body and shall become effective when approved by the personnel board.

(6) DIRECTOR. The personnel director herein created.

(7) EMPLOYEE. A person in the classified service herein set up and appointed by the appointing authority, unless herein expressly excepted.

(8) EMPLOYMENT REGISTER. Typewritten lists containing the names of those applicants who have successfully passed mental tests for initial employment within the classified service for any specific position and which names are listed in the order of final grades attained on such tests from the highest grade attained to the lowest grade attained.

(9) EXAMINATION. Physical fitness evaluation to include annual or other physical examinations, physical fitness examinations, final physical examinations, or any other type of physical examinations as prescribed by the personnel board or the director to determine the physical fitness of initial applicants for employment within the classified service and the physical fitness of classified employees now assigned, to qualify physically for the positions they now occupy or expect to occupy within the classified service.

(10) MASCULINE GENDER. Comprehends all other genders.

(11) PROMOTIONAL REGISTER. Typewritten lists containing the names of those classified employees, presently assigned, who have successfully passed mental tests for promotion to higher positions within the classified service and which names are listed in the order of final grades attained on such tests from the highest grade attained to the lowest grade attained.

(12) PUBLIC HEARING. A meeting of the board open to the public, where any citizen, taxpayer, or other interested party may appear and be heard, subject to the duly adopted rules and regulations.

(13) PUBLIC RECORD. A record which the members of the public shall have the right to inspect, within reason and during ordinary business hours.

(14) ROSTER. A typewritten list showing the names of persons employed in the classified service by departments and the position occupied by each employee concerned.

(15) RULES AND REGULATIONS. A prescribed course of procedure adopted by the board to promote the administration of this part and the system hereby created.

(16) TESTS. Written, oral, or other methods of evaluation established by the board or director, to determine the merit, aptitude, knowledge of the job, and general qualifications, other than physical, of applicants to fill initial positions within the classified service, or for the promotion of those classified employees presently assigned to higher positions within the classified service, or for the purpose of reclassification or transfer of such employees into new or existing positions within the classified service.
Ala. Code § 45-40-130.14 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-130.14
Section 45-40-130.14 Work on Private Property; Violations
Status: in_force

The county commission is prohibited from authorizing or performing any work on private property with the exception of work performed on church, school, or cemetery property. Any violation of this article shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500) and imprisonment in the county jail for not more than 30 days.
Ala. Code § 45-7-82.30 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-82.30
Section 45-7-82.30 Pretrial Diversion Program Fund
Status: in_force

The district attorney shall establish a pretrial diversion program fund. The district attorney shall use the funds to pay costs associated with the administration of the pretrial diversion program, to pay those things earlier provided for in this subpart, or for other law enforcement or criminal prosecution purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, communication equipment, postage, office supplies and equipment, training and travel expenses, service contracts, and professional services. At the discretion of the district attorney, the district attorney may consider the reduced or inability of an offender to pay and may pay for services or programs for an offender out of pretrial diversion program funds while the offender is in the pretrial diversion program if special circumstances and justice dictate. The district attorney may require the offender to repay these funds.
Ala. Code § 45-46-243.01 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-243.01
Section 45-46-243.01 Tax to Be Added to Sales Price of Tobacco Products
Status: in_force

Every person, firm, corporation, club, or association that sells, stores, or receives, for the purpose of selling or storing in Marengo County, any cigarettes, cigars, snuff, and smoking tobacco products shall add the amount of the license or privilege tax levied and assessed to the price of the cigarettes, cigars, snuff, and smoking tobacco products. It is the purpose and intent of this section that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association, that sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, and smoking tobacco products, acting merely as an agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, and smoking tobacco products, on all price display signs, sales or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, and smoking tobacco products.
Ala. Code § 45-36-232.22 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-232.22
Section 45-36-232.22 Failure to Report to Jail
Status: in_force

Any person released under Section 45-36-232.20, or ordered confined under Section 45-36-232.21, who willfully fails to report for confinement as ordered shall be deemed to have escaped from the institution to which he or she has been sentenced and upon conviction shall be subject to the punishment provided for escape therefrom.
Ala. Code § 45-26-81.22 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-81.22
Section 45-26-81.22 1999 Recording Fee
Status: in_force

(a) In Elmore County, a special recording fee of three dollars ($3) shall be collected by the office of the judge of probate on each real or personal property, Uniform Commercial Code, judicial, or other instrument recorded or filed for record. The special recording fees shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the recording or filing for record of any real or personal property, Uniform Commercial Code, judicial, or other instrument. All fees collected shall be deposited by the judge of probate in any depository in the county as designated by the county governing body.

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

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

(d) The judge of probate from time to time shall establish a policy on the sale of or access to computerized index information and digitized images maintained in the office of the judge of probate and in the probate court. All funds received from the sale of the information and images shall be paid to the county general fund and expended at the discretion of the judge of probate for acquiring and maintaining equipment, improving the efficiency of the operations of the office, supplementing salaries, and acquiring and maintaining office space.

(e) This section is cumulative. Nothing contained in this section shall alter or change an existing law relating to charges and fees to be collected by the Judge of Probate of Elmore County.
Ala. Code § 45-41-244.59 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-244.59
Section 45-41-244.59 Use of Proceeds
Status: in_force

(a) The entire proceeds derived by the county from the taxes herein authorized to be levied (including any income derived from the investment of such proceeds), subject to Section 45-41-244.60, shall be applied and used as follows:

(1) If no public building securities have been issued and are then outstanding and if the acquisition, construction, and equipment of the courthouse improvements and the justice center have not been completed, the entire proceeds shall be used for the purpose of paying costs of acquiring, constructing, and equipping the courthouse improvements or a justice center (including land acquisition costs), or both, or accumulated for subsequent use therefor;

(2) If no public building securities have been issued and are then outstanding and if the acquisition, construction, and equipment of the courthouse improvements and the justice center have been completed but the costs thereof have not been fully paid, the entire proceeds shall be used for the purpose of paying such costs;

(3) If any public building securities have been issued and are then outstanding but if the acquisition, construction, and equipment of the justice center have not been completed, the entire proceeds shall be used for payment of the principal of and the interest (and premium, if any) on such public building securities (or, if such public building securities were not issued by the county but rather by an agency or instrumentality of the county and are payable from revenues to be derived by such agency or instrumentality from the leasing of the courthouse complex or the justice center, or both, to the county, for payment of any rentals that may become due to such agency or instrumentality by the county);

(4) If any public building securities have been issued and are then outstanding and if the acquisition, construction, and equipment of the justice center have been completed, 80 percent of the proceeds shall be used for payment of the principal of and the interest (and premium, if any) on the public building securities (or, if such public building securities were not issued by the county but rather by an agency or instrumentality of the county and are payable from revenues to be derived by such agency or instrumentality from the leasing of the courthouse complex or the justice center, or both, to the county, for payment of any rentals that may become due to such agency or instrumentality by the county), and the remaining 20 percent of the proceeds shall be used for payment of the costs of operating and maintaining the justice center; and

(5) If any public building securities have been issued but none thereof are then outstanding and unpaid, the entire proceeds shall be used for payment of the costs of operating and maintaining the justice center.

(b) If at any time the county is required by this section to use all or a specified portion of the proceeds from the taxes herein authorized to be levied for the payment of debt service on public building securities (including rentals related thereto) and if at such time the county has paid or made full provision for the payment of all debt service maturing during the then current fiscal year with respect to the public building securities (including rentals related thereto), the county shall apply all or such specified portion of such tax proceeds received during the remainder of such fiscal year to prepayment of such public building securities (including any rentals required therefor), it being the intention of this subpart to provide for the retirement of such public building securities as promptly as practicable.
Ala. Code § 45-57-231.01 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-231.01
Section 45-57-231.01 Receipt of Badge and Pistol Upon Retirement
Status: in_force

(a) Any individual employed by the Russell County Sheriff’s Office as a law enforcement officer for a period of 10 years or more who retires from the department in good standing, including a supernumerary sheriff, may receive from the sheriff, at his or her discretion, without cost, a retired badge and a pistol, provided the pistol is furnished by the department.

(b) This section shall have retroactive effect to any action taken prior to May 16, 2012.
Ala. Code § 45-19-82.21 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-82.21
Section 45-19-82.21 Assessment and Collection of Motor Vehicle Taxes; Commissions and Fees
Status: in_force

The judge of probate shall perform all duties relating to the assessment and collection of taxes on motor vehicles in the county, which have previously been performed by the revenue commissioner. The Revenue Commissioner of Coosa County is relieved of all duties and responsibilities relative to the assessment and collection of taxes on motor vehicles. The judge of probate shall receive the commissions and fees currently paid the revenue commissioner for performing those functions, and the fees and commissions shall be remitted to the county general fund. Reporting and remitting of the tax shall be made at the same time as other reports and remittances are now made by the judge of probate.
Ala. Code § 45-49-181.11 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-181.11
Section 45-49-181.11 Maintenance and Installation of Traffic Control Devices
Status: in_force

Upon acceptance of any public roads into the county road maintenance system, the county engineer shall instruct the appropriate road maintenance departments to commence maintenance and to install the appropriate traffic control devices. The chair for any selected road which does not fulfill the provisions of this part by the dates established herein and not granted a one- year extension by the county commission shall be allowed to reapply for the next available future program.
Ala. Code § 45-45-233.28 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-233.28
Section 45-45-233.28 Release Pending Trial; Conditions; Order; Notice
Status: in_force

(a) Any person in Madison County charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial on his or her personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of his or her discretion, that such a release will not reasonably assure the appearance of the person as required. When such a determination is made, the judicial officer shall, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions:

(1) Place the person in the custody of a designated person agreeing to supervise him or her.

(2) Place restrictions on the travel, association, or place of abode of the person during the period of release.

(3) Require the execution of an appearance bond in a specified amount and the deposit with the clerk of the court, in cash or other security as directed, of a sum not to exceed 10 percent of the amount of the bond, 80 percent of such deposit to be returned upon the performance of the conditions of release.

(4) Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof.

(5) Impose any additional condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.

(b) In determining which conditions of release will reasonably assure the appearance of a person as required, the judicial officer, on the basis of available information as presented by the state of its representative, or the defendant shall take into account such matters as the nature and circumstances of the offense charged, the weight of the evidence against the person, his or her family ties, employment, financial resources, character and mental condition, past conduct, length of residence in the community, record of convictions, and any record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings. The judicial officer, in making such factual determinations, shall bear in mind that this subpart has two purposes, one of which is to assure the presence of the defendant at trial and the other of which is to assure that all persons, regardless of their financial or social status, shall not needlessly be detained pending their appearance to answer charges, or pending appeal, when detention serves neither the ends of justice nor the public interest.

(c) A judicial officer authorizing the release of a person under this section shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform such person of the penalties applicable to violations of the conditions of his or her release, and shall advise him or her that a warrant for his or her arrest will be issued immediately upon any violation, and shall warn such person of the penalties provided in Section 45-45-233.23.

(d) A judicial officer ordering the release of a person on any condition specified in this section may at any time amend his or her order to impose additional or different conditions of release.

(e) If it is determined that custody or detention pursuant to subdivision (5) of subsection (a) is required, all time spent in custody or detention shall count as part of any sentence to hard labor for the county or confinement in the county jail subsequently received by the person detained as a result of the charge or charges for which he or she was arrested and detained.

(f) The judicial officer shall determine the conditions of release as herein provided when the defendant is brought before him or her for preliminary examination or at such time as the judicial officer may direct.

(g) Any other provisions hereof to the contrary notwithstanding, no warrant magistrate or assistant warrant magistrate shall have the authority to order that any person be released hereunder where that person is accused of a capital crime or of a crime where the defendant, if convicted, could receive a sentence of more than 20 years in prison.

(h) The Sheriff of Madison County shall cause to be prominently posted in the area of the Madison County Jail where accused persons are usually booked, a sign in large letters which shall state as follows:

NOTICE: YOU MAY BE ELIGIBLE FOR RELEASE WITHOUT POSTING A BAIL BOND. INQUIRE OF THE JAILER AS TO HOW TO APPLY FOR SUCH RELEASE.

(i) All sums collected under Section 45-45-233.29 shall be paid into the Madison County Work Release and Pretrial Release Fund established pursuant to Section 45-45-233.23.
Ala. Code § 45-46-241 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-241
Section 45-46-241 Consolidation of Offices
Status: in_force

At the expiration of the terms of office, or if a vacancy occurs in either the office of tax assessor or the office of tax collector of Marengo County before such date, then immediately upon the occurrence of such vacancy there shall be the office of county revenue commissioner in Marengo County. If such office is established upon the occurrence of a vacancy in either the office of tax assessor or tax collector, then the tax assessor or tax collector, as the case may be, remaining in office shall be the county revenue commissioner for the remainder of the term for which he or she was elected tax assessor or tax collector, as the case may be. A revenue commissioner shall be elected at an election called for the purpose and every six years thereafter. He or she shall serve for a term of office of six years from the first day of the term next succeeding his or her election and until his or her successor is similarly elected, qualified, and takes office.
Ala. Code § 45-32-244.05 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-244.05
Section 45-32-244.05 Violations
Status: in_force

If any distributor, storer, or retail dealer of gasoline or motor fuel in the county shall fail to make the reports or any of them as required in this part or shall fail to comply with any regulation adopted for the collection of the tax by the county commission, within the time required for making such reports, or shall fail to pay the tax imposed within the time fixed for the payment thereof, the distributor, storer, or retail dealer shall be guilty of a Class C misdemeanor, and upon conviction thereof shall be punished for each offense as otherwise provided by law.
Ala. Code § 45-49-30.04 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-30.04
Section 45-49-30.04 Executive Director; Staff and Consultants
Status: in_force

The commission, subject to county or other funds that would accrue to the commission, may employ an executive director, and also subject to county or other funds that would accrue to the commission, may hire additional staff and consultants to assist in the discharge of members’ responsibilities, as determined by the commission. The executive director shall not be a member of the commission, and shall be of Indian extraction.
Ala. Code § 45-19-82.28 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-82.28
Section 45-19-82.28 Salaries of License Administrator and License Clerks
Status: in_force

Salaries of the license administrator and license clerks will be prorated among the agencies receiving revenue from the sale of tags and licenses.
Ala. Code § 45-41-60 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-60
Section 45-41-60 Compensation; Deputies and Employees; Powers and Duties; Office Space and Equipment
Status: in_force

(a) Pursuant to Amendment 362 to the Constitution of Alabama of 1901, the coroner serving Lee County shall receive an annual salary of seventeen thousand eight hundred dollars ($17,800) on June 1, 2001.

(b) The annual salary of the chief deputy coroner shall be six thousand dollars ($6,000) on June 1, 2001.

(c) The annual salaries provided for in this section shall be paid in equal monthly installments from the county treasurer and shall be paid in lieu of any other salaries heretofore provided by law for the officials.

(d) The Lee County Commission may adjust the salaries, benefits, and any other compensation of the coroner and any deputy coroners by resolution.

(e) The Lee County Coroner shall be entitled to a vehicle allowance in an amount to be determined by the Lee County Commission. The vehicle allowance shall be in lieu of any expense allowance. The vehicle allowance shall be paid per annum in equal monthly installments from the general fund of the county treasury, which shall be in lieu of any and all expenses but in addition to any salary provided by law.

(f) The Lee County Coroner may appoint additional deputy coroners and other employees of the coroner’s office as needed. The coroner shall provide all salaries and expenses of additional deputy coroners and other employees of the coroner’s office. Any deputy coroner shall have the same qualifications as the coroner and shall serve under the supervision of the coroner and subject to the coroner’s procedures for conducting death investigations and shall otherwise carry out the duties of the office of coroner at the direction of the coroner. The deputy coroner may be dismissed from service by the coroner for violation of such procedures or acts of misconduct. Any deputy coroners or employees of the coroner’s office employed by the Lee County Coroner shall serve at the pleasure of the Lee County Coroner.

(g) The Lee County Coroner and any designated deputy coroners shall have the authority to certify any death occurring within the boundaries of the State of Alabama.

(h) The Lee County Commission shall furnish the county coroner with adequate office space, furniture, computers, books, stationery, postage, and all other supplies and services reasonably necessary for carrying out the duties and functions of the office of coroner.

(i) In Lee County, the coroner and the sheriff shall be entitled to the same cost-of-living increase percentage granted to other public officials pursuant to the Omnibus Pay Act. If an increase is due during the term of the coroner or the sheriff, the increase shall be in the form of an expense allowance, which will convert to salary effective the next term of office.
Ala. Code § 45-57A-63.131 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.131
Section 45-57A-63.131 Purchases
Status: in_force

The director of finance, pursuant to rules and regulations established, shall be responsible for the purchase, storage, and distribution of all supplies, materials, and equipment required by any office, department, board, or agency of the city. The director of finance shall have power and shall be required to:

(1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city.

(2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity, and conformance with specifications.

(3) Have charge of such general storerooms and warehouses as the council may provide by ordinance.

(4) Transfer to or between offices, departments, or agencies, or sell surplus, obsolete, or unused supplies, material, and equipment.
Ala. Code § 45-51-220.05 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-220.05
Section 45-51-220.05 Hunting Preserve - Tagging of Bob-White Quail
Status: in_force

Bobwhite quail shall be tagged with a self-sealing tag prior to being released on the preserve. The operators of hunting preserves shall cooperate in other requests which the Commissioner of Conservation and Natural Resources might make for scientific investigations. The Department of Conservation and Natural Resources shall specify tags which hunting preserve operators shall use, the tags to be numbered consecutively, dated by year of issuance, and carry the operator’s license number.
Ala. Code § 45-2-244.100 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.100
Section 45-2-244.100 Applicability
Status: in_force

The provisions of this subpart shall only apply to Baldwin County.
Ala. Code § 45-16-82.27 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.27
Section 45-16-82.27 Costs and Fees
Status: in_force

(a) An applicant may be assessed a fee when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by the district attorney. A schedule of payments for any of these fees may be established by the district attorney.

(b) The following fees shall be paid by applicants accepted into the pretrial diversion program:

(1) Felony offenses: Up to eight two thousand dollars ($2,000).

(2) Driving under the influence offenses: Up to two thousand one hundred dollars ($2,100).

(3) Misdemeanor offenses, excluding traffic: Up to one thousand dollars ($1,000).

(4) Traffic offenses: Up to four hundred fifty dollars ($450).

(5) Violations: Up to three hundred fifty dollars ($350).

(c) In cases where the applicant is not indigent, as determined by the district attorney, in felony cases, fifty dollars ($50) of the fee, and in misdemeanor and violation cases, twenty-five dollars ($25) of the fee, for each applicant accepted into the pretrial diversion program, shall be allocated to the Coffee County Circuit Clerk’s Office, for offenses filed in Coffee County, and to the Pike County Circuit Clerk’s Office, for offenses filed in Pike County. Money allocated to a circuit clerk pursuant to this subsection shall be available for use, at the clerk’s discretion, to support the clerk’s office operation. These uses may include, but are not limited to, hiring employees, buying needed equipment and supplies, or providing training opportunities.

(d) In cases where the applicant is not indigent, as determined by the district attorney, in felony cases, fifty dollars ($50) of the fee, and in misdemeanor and violation cases, twenty-five dollars ($25) of the fee, for each applicant accepted into the pretrial diversion program, shall be allocated to the Coffee County General Fund for offenses filed in Coffee County or to the Pike County General Fund for offenses filed in Pike County.

(e) In cases where the applicant is not indigent, as determined by the district attorney, in felony cases, fifty dollars ($50) of the fee, and in misdemeanor and violation cases twenty-five dollars ($25) of the fee, for each applicant accepted into the pretrial diversion program, shall be allocated to the arresting or ticketing law enforcement agency making the case. Those fees may be used at the agency’s discretion to support its operations. These uses may include, but are not limited to, hiring employees, buying needed equipment and supplies, providing training opportunities, or any other lawful purpose.

(f) Except as herein specifically allocated, the district attorney may use fees collected by the pretrial diversion program to fund the pretrial diversion program; for the prosecution of state criminal cases; to help support local and state law enforcement and coroners; for education programs which relate to the prosecution of, detection of, or prevention of crime; or to benefit any agency or department of state, city, or county government which assists local law enforcement. This support shall be provided to help employ more prosecutors, law enforcement officers, investigators, or staff, buy needed equipment or supplies, provide training opportunities, or for any other prosecutorial or law enforcement purpose.

(g) Except for court costs which are payable by the applicant directly to the clerk of court, fees required by this subpart shall be collected by the office of the District Attorney of the Twelfth Judicial Circuit in the county and division in which the offense was filed. Those fees collected shall be deposited by the district attorney into the Pretrial Diversion Program Fund as described in Section 45-16-82.30. The district attorney shall timely make disbursement as provided in this subpart.

(h) The district attorney shall be allowed without further legislative action to raise fees to meet and equal those prescribed by the Alabama Legislature in the event a state pretrial diversion program is enacted after the passage of this subpart. Any state pretrial diversion program may supersede this subpart, but may be construed to require further and additional penalties.
Ala. Code § 45-2-262 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-262
Section 45-2-262 Regulation of Wind Generated Energy Production Facilities or Equipment in Unincorporated Areas
Status: in_force

(a) This section shall apply within all unincorporated areas of Baldwin County.

(b) The county commission shall have zoning authority and the power to establish and adopt ordinances, resolutions, rules, regulations, and procedures to regulate the permitting, construction, placement, and operation of wind turbines, windmills, wind farms, and any other wind-generated energy production facilities or equipment operated, in whole or in part, by wind, sometimes referred to collectively as “wind-generated energy production facilities,” also including, but not limited to, regulations regarding the size, location, and noise generated by wind-generated energy production facilities. The regulations shall be adopted by ordinance or resolution of the county commission at a regularly scheduled meeting of the commission.

(c) The county commission shall have zoning authority and the power to establish and adopt ordinances, resolutions, rules, regulations, and procedures establishing standards, specifications, criteria, and conditions related to the permitting, construction, placement, and operation of wind turbines, wind mills, wind farms, and any other wind-generated energy production facilities or equipment operated, in whole or in part, by wind in the unincorporated areas of Baldwin County.

(d) The county commission shall have zoning authority and the power to establish and adopt ordinances, rules, regulations, policies, and procedures to establish and determine the appropriate locations where wind turbines, wind mills, wind farms, and any other wind-generated energy production facilities or equipment operated, in whole or in part, by wind may be located or allowed and to prohibit the same, if deemed necessary by the county commission.

As part of the commission’s authority, the commission is to provide for a minimum setback for wind-generated energy production facilities that is no closer laterally than one and one-half times the height of the tower to an overhead electrical power line, excluding secondary electrical service lines or service drops. The commission may also provide for a minimum setback from underground electrical and gas distribution lines.

(e) If any building or structure is erected, constructed, altered, repaired, converted, operated, or maintained, or if any land is used, in violation of this section or any ordinance, resolution, rule, regulation, or procedure promulgated under the authority conferred by this section, the county commission, or other appropriate administrative officer designated by the county commission, may institute any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, operation, maintenance, or use of the land or to restrain, correct, or abate the violation, or to prevent the use of any building or structure, or to prevent any illegal act, conduct, business, or misuse in or upon any premises regulated under the authority conferred by this section. In addition to the foregoing, the county commission may adopt ordinances or regulations providing for a penalty in the form of a fine for the violation of the provisions of any ordinance, resolution, rule, regulation, or procedure promulgated under this section. The fine shall not exceed one thousand dollars ($1,000.00) and costs of court for each offense. Each day the violation continues shall constitute a separate offense. In addition, any violation shall be a public nuisance. Upon a finding that a building or structure violates the provisions of any ordinance, resolution, rule, regulation, or procedure adopted pursuant to this section, the county commission may remove such building or structure, and all costs of removal shall be assessed against the landowner and recorded as a lien on the property and may be enforced until satisfied.

(f) The county commission may levy permit and application fees deemed necessary to administer the ordinances, resolutions, rules, regulations, or procedures adopted pursuant to this section. The fees shall cover the cost of administrative activities and the cost of reviewing applications, including the costs or fees of any experts or consultants deemed necessary to assist the county in reviewing applications.

(g) The county commission shall have the authority and power to establish rules and procedures to determine the terms and conditions of any exceptions and exemptions from the provisions of any laws, ordinances, rules, or regulations adopted pursuant to this section. In addition, any ordinance or resolution adopted pursuant to this section shall authorize a variance process to be determined by the county commission. Furthermore, any ordinance or resolution adopted pursuant to this section shall include a variance appeals process for any party aggrieved by a final variance decision of the county commission to appeal therefrom to the Circuit Court of Baldwin County.

(h) The authority granted to the county commission pursuant to this section shall be in addition to, and not in substitution of, any powers or authority granted to the county commission pursuant to any other laws, rules, or regulations.

(i) Nothing in this section shall serve to alter, affect, limit, or avoid other state laws and regulations that would otherwise be applicable to the permitting, construction, placement, or operation of wind-generated energy production facilities, or to sales therefrom, including but not limited to the provisions of Title 37.
Ala. Code § 45-17-243.02 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-243.02
Section 45-17-243.02 Authorization of Levy of Use Tax
Status: in_force

(a) The governing body of the county is hereby authorized to levy and impose an excise tax, at the rate of one-half of one percent of the sales price of such property, or, if applicable, such lesser rate as may then be in effect as determined by the governing body of the county pursuant to Section 45-17-243.08, on the storage, use, or other consumption in the county of tangible personal property, not including, however, materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships, and other watercraft and commercial fishing vessels of over five tons load displacement as registered with the U. S. Coast Guard and licensed by the State Department of Conservation and Natural Resources, but if, and only if:

(1) Such property is purchased at retail, on or after the effective date of such tax, for storage, use, or other consumption in the county on or after the effective date of such tax, and

(2) The storage, use, or other consumption of such property is subject to taxation by the state at the rate fixed under and pursuant to subsection (a) of Section 40-23-61.

(b) There are exempted from this section, and from the tax authorized to be imposed by this section, the storage, use, or other consumption of property the storage, use, or other consumption of which is presently exempted under the state use tax statutes from the state use tax. Subject to those exemptions, every person storing or using or otherwise consuming in the county tangible personal property purchased at retail on or after the effective date of such tax shall, to the extent provided hereinabove, be liable for the tax authorized to be imposed by this section, and such liability shall not be extinguished until the tax has been paid by such person.

(c) Nothing in this part shall be construed to apply the tax authorized in this section to any property, or any storage, use, or other consumption of property, that is subject to taxation by the state pursuant to Section 40-23-61 other than subsection (a) of Section 40-23-61, or pursuant to Article 3 of Chapter 23 of Title 40.
Ala. Code § 45-8-150.07 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-150.07
Section 45-8-150.07 Bingo Games - Charitable or Educational Purposes of Proceeds
Status: in_force

(a) All of the net proceeds of a bingo game shall be designated and expended for charitable or educational purposes. Provided, however, in no event shall less than 10 percent of the adjusted gross proceeds be designated for charitable or educational purposes. Adjusted gross proceeds shall be defined as gross proceeds less prize payouts. Net proceeds shall include gross proceeds less reasonable expenses incurred or paid in connection with the holding, operating, or conducting of bingo games, including all of the following bona fide expenses, in reasonable amounts:

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

(2) The payment of cash prizes or the purchase of prizes or merchandise.

(3) The actual rental or mortgage payment on the location at which bingo is conducted or a pro rata share if the building is used for other purposes in addition to the operation of bingo games. The rental or mortgage payment shall be reasonable as compared to the fair rental value or fair market value of similar property located in the area where the bingo games are conducted.

(4) Actual insurance or a pro rata share if the building is used for other purposes in addition to the operation of bingo games.

(5) Utilities or a pro rata share if the building is used for other purposes in addition to the operation of bingo games.

(6) Janitorial services or a pro rata share if the building is used for other purposes in addition to the operation of bingo games.

(7) The fee required for issuance or reissuance of a permit to conduct bingo, including the fee to be collected by the governing body and paid to the Calhoun County Bingo Regulatory Commission.

(8) Security personnel or a pro rata share if the building is used for other purposes in addition to the operation of bingo games.

(9) Accountant fees in connection with the preparing and filing of financial statements required by this article.

(10) A reserve for a cash operating account not to exceed fifteen thousand dollars ($15,000).

(11) Other reasonable expenses incurred by the permit holder, not inconsistent with this article.

(b) Each permit holder shall transfer the proceeds for charity or education to the charity or educational agency at the end of each calendar quarter or place the proceeds in a separate account for the benefit of charity or education in an interest bearing trust account at the end of each calendar quarter. If the proceeds are placed in a trust account they shall be transferred to the charity or educational agency at the end of the next calendar quarter preceding the transfer.
Ala. Code § 45-36-140.20 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-140.20
Section 45-36-140.20 Funding
Status: in_force

(a) The board of county commissioners or other like governing body of Jackson County, in its discretion, may appropriate and pay county funds, within the financial means of the county, in such amounts as may seem reasonable and necessary to the commissioners or other like governing body of Jackson County, to volunteer nonprofit fire departments or volunteer nonprofit corporations or organizations, organized for the purpose of providing volunteer service in case of emergencies arising in Jackson County, including, but not limited to, lost children and drowning victims and otherwise furnishing first aid assistance in emergency situations. Such funds so appropriated shall be used for the purchase of equipment, materials, or supplies to be used solely for such volunteer nonprofit fire departments or such volunteer nonprofit corporations or organizations. Any appropriation so made shall be paid by the county treasury or depository on warrants drawn in such manner as the county governing body may direct.

(b) The Legislature finds as a fact that volunteer fire departments perform such essential and necessary public functions as to entitle them to public funds.
Ala. Code § 45-33-242 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-242
Section 45-33-242 Levy of Tax
Status: in_force

(a) The Hale County Commission is authorized to levy upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes certain tobacco products in Hale County, a county privilege, license, or excise tax of five cents ($0.05) on each package of cigarettes made of tobacco or any substitute therefor.

(b) The privilege, license, or excise tax levied by this subpart shall be in addition to all other taxes provided by law. Provided, however, when the license tax levied under this subpart is paid by a wholesaler or retailer of cigarettes, the payment shall be sufficient for the taxes levied by this subpart, the intent being that the license tax is to be paid only once on each package of cigarettes.
Ala. Code § 45-47-250.16 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-250.16
Section 45-47-250.16 Proceedings, Notice, and Approval of Authority Actions
Status: in_force

Except as expressly otherwise provided in this article, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the acquisition of any property, water system, or fire protection facility, or the issuance of any mortgage and deed of trust or trust indenture.
Ala. Code § 45-36A-101 — Alabama Code / Title 45 / Chapter 36A / Section 45-36A-101
Section 45-36A-101 Board of Education
Status: in_force

(a) The city board of education in Scottsboro shall be abolished, effective immediately upon the election of a new city board of education as provided by this section and replaced with the board of education as herein provided. The board shall have all the powers, duties, rights, and immunities otherwise provided by law for city boards of education in the State of Alabama.

(b)(1) The board of education shall consist of five members, each of whom shall run for a place to be designated and numbered as follows, to-wit:

a. Member, board of education, Place No. 1.

b. Member, board of education, Place No. 2.

c. Member, board of education, Place No. 3.

d. Member, board of education, Place No. 4.

e. Member, board of education, Place No. 5.

(2) A person seeking election and qualifying as a candidate for election as a member of the board shall designate by number the place on such board for which he or she is a candidate, and it shall be so stated on the ballot. Members of the board first elected shall be elected for terms as follows:

a. Place No. 1 shall be elected for a term of six years.

b. Places No. 2 and 3 elected for four-year terms.

c. Places No. 4 and 5 for two-year terms.

d. Thereafter all members shall be elected for six-year terms.

(c) All members of the board of education shall be elected from the city at large, and no person shall be a candidate or be permitted to file his or her statement of candidacy for more than one of such places. No ballot shall be counted for any candidate except for the place number for which he or she announced in his or her statement of candidacy. All members shall be at least 21 years old, shall be persons of good moral character, and shall have been residents of the City of Scottsboro one year prior to the date of qualifying as a candidate for election to the board of education. Candidates for the board of education shall pay a qualifying fee set by the city council.

(d) The city council shall provide for the holding of the election of the board of education authorized herein and for the payment of the expenses of such election. Any candidate who receives a majority of all votes cast for all candidates seeking election to the position for which he or she is a candidate shall be declared elected to that position. In the event no candidate receives a majority of all of the votes cast for any one or more positions on the board of education, the city council shall order a second or run-off election to be held separately or at the time of any primary, special, or general election, at which election the two candidates receiving the most votes for the office in the first election shall be the candidates, and the person receiving the highest number of votes in the second or run-off election shall be declared elected. In the event of a tie vote between the candidates in such run-off election, the then serving city council shall immediately decide the election by majority vote. The method and dates for qualifying as a candidate for the city board of education provided for hereunder and the conduct of elections hereunder shall be the same as other municipal elections in Scottsboro.

(e) Members of the board of education elected hereunder shall take office immediately following certification of their election.

(f) Each member of the board of education elected under this section shall receive compensation in the amount of one hundred dollars ($100) per month to be paid from the city school fund in the manner provided for paying compensation out of such school funds.

(g) In the event of a vacancy in the membership of the board of education by resignation or otherwise, the city council, by majority vote, shall elect a person to fill such vacancy for the unexpired term.

(h) Except as herein provided, the Board of Education of Scottsboro shall in all respects be governed by the general law of the state relative to city boards of education.
Ala. Code § 45-20-71.06 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.06
Section 45-20-71.06 Election and Assumption of Office
Status: in_force

The president and associate members of the board shall be elected at the general election to be held in 1948, and every four years thereafter, in the manner now or hereafter provided under the general laws of Alabama for the election of county governing bodies, and shall take office on the first Monday after the second Tuesday in January next succeeding their election.
Ala. Code § 45-35-120.05 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-120.05
Section 45-35-120.05 Rules, Classification Plans, and Pay Plans
Status: reserved

So long as the same are not inconsistent with this part, the board shall adopt rules and regulations for the operation of the civil service system established hereby including, but not limited to, a job classification plan, a pay plan, and a plan for the mandatory and/or permissive retirement of employees, and the same shall become operative and have the force and effect of law. All rules, regulations, and pay and classification plans in effect at the time of the adoption of this part which are not in conflict with the provisions hereof shall remain in force and effect after May 30, 1984, until the same are altered, amended, or repealed in the manner hereafter provided.
Ala. Code § 45-49-151.12 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-151.12
Section 45-49-151.12 Licensing Powers
Status: in_force

The commission shall have the power to grant, refuse, suspend, or with draw licenses to or to otherwise penalize all persons connected with racetracks including, but not limited to, gate-keepers, announcers, ushers, starters, officials, drivers, dog owners, agents, trainers, grooms, stable foremen, exercise boys, veterinarians, valets, sellers of racing forms or bulletins, and attendants in connection with the wagering machines, pursuant to such rules and regulations as the commission may adopt and upon the payment of a license fee as fixed and determined by the commission in accordance with the position and compensation of such person. Any license may be revoked by the commission, at its discretion, and any person whose license is revoked shall be ineligible to participate in such occupation connected with racing unless the license is returned by the commission with permission to operate thereunder. The commission may deny or revoke a license by any other state racing commission or racing authority.
Ala. Code § 45-40-130.08 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-130.08
Section 45-40-130.08 Office Space and Equipment
Status: in_force

The county commission shall furnish the county engineer with an office at the courthouse, or elsewhere, at the county seat, and all necessary office supplies, and shall furnish him or her with necessary transportation in connection with his or her duties under this article.
Ala. Code § 45-17A-83.12 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-83.12
Section 45-17A-83.12 Construction; Repeal of Conflicting Provisions of Law
Status: reserved

All parts of the enabling law which conflict with this part are hereby repealed; provided, however, that nothing in this part shall be construed to repeal, limit, or restrict any power heretofore granted to the board under or pursuant to the enabling law or any other existing law pertaining in any respect to the board. Notwithstanding the preceding sentence of this section, it is recognized and acknowledged that the provisions of this part pertaining to the number, terms of office, and appointment of members of the authority shall supersede and effectively repeal, when and as they become effective, those existing provisions of the enabling act that are inconsistent with the provisions of this part.