reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 102 - Common Service Contracts by Counties and Municipalties. › Section 11-102-1 - Joint Exercise of Powers or Services Authorized.

Section 11-102-1
Joint exercise of powers or services authorized.
Except as otherwise provided in this chapter or as otherwise prohibited by law, any county or incorporated municipality of the State of Alabama may enter into a written contract with any one or more counties or incorporated municipalities for the joint exercise of any power or service that state or local law authorizes each of the contracting entities to exercise individually. For purposes of this chapter, it is sufficient if each of the contracting entities has the authority to exercise or perform the power or service which is the subject of the contract regardless of the manner in which the power or service shall be exercised or performed, provided that at least one of the contracting parties has the authority to exercise the power or service in the manner agreed upon by the parties. The joint contract may provide for the power or service to be exercised by one or more entities on behalf of the others or jointly by the entities.
(Act 98-471, p. 911, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 102 - Common Service Contracts by Counties and Municipalties. › Section 11-102-2 - Contract Specifications.

Section 11-102-2
Contract specifications.
Any contract entered into pursuant to this chapter shall be in writing. The contract shall specify the duration of the contract, which shall not exceed three years. The parties may renew the contract for another term of not more than three years on the same or amended terms by the same method by which the original contract was adopted. Any party to the contract shall have the power to refuse to renew the contract. The refusal shall not affect the authority of the remaining parties to enter into a contract with each other with the same or similar terms of the original contract as provided in this chapter. The contract shall also specify the purpose of the contract; the method to be used to partially or completely terminate the contract; the method to be used to dispose of any property belonging to the parties as a result of the contract upon termination of the contract; the manner of financing the joint undertaking and of establishing and creating a budget for the undertaking, except that no party to the contract shall have any power to incur any debt which shall become the responsibility of any other contracting party; and any other matter necessary and proper to jointly exercise the contract.
(Act 98-471, p. 911, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 102 - Common Service Contracts by Counties and Municipalties. › Section 11-102-3 - Approval of Contract.

Section 11-102-3
Approval of contract.
No contract entered into pursuant to this chapter shall take effect until the contract has been approved by the governing body of each of the contracting municipalities or counties. Approval by a county governing body shall be by adoption of a resolution and approval by a municipal governing body shall be by adoption of an ordinance of general and permanent operation.
(Act 98-471, p. 911, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 102 - Common Service Contracts by Counties and Municipalties. › Section 11-102-4 - Implementation.

Section 11-102-4
Implementation.
The contracting parties may specify the method or methods which shall be used to implement the contract.
(Act 98-471, p. 911, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 102 - Common Service Contracts by Counties and Municipalties. › Section 11-102-5 - Taxing and Zoning Contracts Excepted.

Section 11-102-5
Taxing and zoning contracts excepted.
Nothing in this chapter shall be construed to authorize the joint exercise of the power to levy taxes or to zone real property. Additionally, nothing in this chapter shall be construed to authorize the joint exercise of the power to tax, the power to exercise planning authority, or the power to zone real property in the unincorporated areas of a county unless authorized by act of the Legislature. Notwithstanding this prohibition, counties and municipalities may contract with each other to zone flood prone areas as mandated by the federal government pursuant to Title 11, Chapter 19.
(Act 98-471, p. 911, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 102 - Common Service Contracts by Counties and Municipalties. › Section 11-102-6 - Construction.

Section 11-102-6
Construction.
Nothing in this chapter shall be construed to affect or alter any other law which authorizes joint cooperative power between any public entities and this chapter shall be supplemental to these laws.
(Act 98-471, p. 911, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 102 - Common Service Contracts by Counties and Municipalties. › Section 11-102-7 - Performance of Contract.

Section 11-102-7
Performance of contract.
Except as otherwise provided in this chapter and as limited by the contract between the contracting parties, any entity which contracts to perform or exercise any service or power pursuant to this chapter shall have the full power and authority to act within the jurisdiction of all contracting entities to the extent necessary to carry out the purposes of the contract. Each municipality or county which is a party to the contract shall adopt all ordinances, resolutions, or policies necessary to authorize the other contracting entities to carry out their contractual duties and responsibilities.
(Act 98-471, p. 911, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 102 - Common Service Contracts by Counties and Municipalties. › Section 11-102-8 - Solid Waste Contracts Excepted.

Section 11-102-8
Solid waste contracts excepted.
The provisions of this chapter are not applicable to contracts for the collection, transportation, storage, or disposal of solid waste.
(Act 98-471, p. 911, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 103 - Credit Card Payments for County and Municipal Services. › Section 11-103-1 - Authorization of Payment by Credit Cards.

Section 11-103-1
Authorization of payment by credit cards.
(a) The use of credit cards for any payments made to a county or municipal office, department, agency, board, or commission may be authorized by the county commission or municipal governing body in which the office, department, agency, board, or commission is located as provided in Section 11-103-2, and if authorized, shall be accepted pursuant to rules and regulations promulgated by the county commission or municipal governing body in which the office, department, agency, board, or commission is located. The rules and regulations shall include specific procedures for the acceptance of credit card payments, including, but not limited to, provision for the payment of any discount or administrative fee charged by the credit card issuer or processor. The county or municipal governing body is authorized, but not required to impose the assessment of a surcharge or convenience fee from the person paying by credit card in an amount not greater than the transaction fee charged by the credit card issuer or processor. If no such election is made, the county or municipal governing body may withhold the cost of any discount or administrative fee charged by the credit card issuer or processor from each governmental entity entitled to the proceeds from the payment made by the credit card issuer. In this event, each governmental entity shall be assessed the percentage of the cost equivalent to its pro rata share of the payment.
(b) Except as otherwise provided, this chapter shall be construed to allow acceptance of credit card payments of any types of amounts payable to a county or a municipality as authorized by the county commission or municipal governing body, including, but not limited to, taxes, license and registration fees, fines, and penalties. For purposes of this chapter, the term "credit card" shall include credit cards, charge cards, and debit cards issued by any bank, foreign lender, domestic lender, or credit card bank as defined in Section 5-20-3.
(Act 2000-154, p. 219, §1; Act 2000-314, p. 483, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 103 - Credit Card Payments for County and Municipal Services. › Section 11-103-2 - Agreements With Credit Card Issuers, Etc.

Section 11-103-2
Agreements with credit card issuers, etc.
The county commission or municipal governing body may enter into appropriate agreements with one or more credit card issuers or other appropriate parties as needed to facilitate the acceptance of credit card payments, provided that no agreement may provide for the receipt of payments at a discount from the amount that would be owed were credit cards not accepted for the payment or withholding of administrative fees from the actual amount of the payments. Except as otherwise specifically provided, the provisions of the competitive bid law found in Section 41-16-1 et seq., shall not apply to the agreements between the county commission or municipal governing body and credit card issuers or processors. Any agreement shall provide that it may be canceled without penalty at any time by the county commission or municipal governing body upon reasonable notice. No agreement shall exceed three years as provided in Section 41-16-27.
(Act 2000-154, p. 219, §2; Act 2000-314, p. 483, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 103 - Credit Card Payments for County and Municipal Services. › Section 11-103-3 - Liability for Final Payment.

Section 11-103-3
Liability for final payment.
(a) When a party elects to make a payment to a county or municipal agency, office, department, board, or commission by credit card and a surcharge or convenience fee is imposed, the payment of the surcharge or convenience fee shall not be refundable.
(b) No person making payment to any county or municipal agency, office, department, board, or commission by credit card shall be relieved from liability for the face amount of the payment except to the extent that the county or municipal agency, office, department, board, or commission realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, the underlying obligation shall survive and the county or municipal agency, office, department, board, or commission shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify the provisions of this subsection.
(c) A county or municipal agency, office, department, board, or commission officer or employee who accepts a credit card payment in accordance with this chapter and any applicable policies, rules, or regulations of a county commission or a municipal governing body shall not thereby incur any personal liability for the final collection of such payments.
(Act 2000-154, p. 219, §3; Act 2000-314, p. 483, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 103 - Credit Card Payments for County and Municipal Services. › Section 11-103-4 - Acceptance of Credit Cards by Individual Offices, Agencies, Etc.

Section 11-103-4
Acceptance of credit cards by individual offices, agencies, etc.
If a county governing body has authorized the use of credit cards and has entered into an agreement with one or more credit card issuers or processors, each office or agency within a county may elect whether or not to accept credit card payments in its office or agency, and may establish its own policies and procedures for acceptance of any credit cards permitted within the county pursuant to an agreement executed under Section 11-103-2. No office or agency shall be required to accept credit card payments, and may elect which credit cards to accept, provided that the county governing body has executed an agreement with the credit card issuer or processor. If an office or agency within the county desires to accept a credit card issued or processed by a company with which the county governing body does not have an agreement under Section 11-103-2, the office or agency may petition the governing body to execute an agreement with that credit card issuer or processor; provided, however, that the county governing body shall not be required to execute an agreement with any credit card issuer or processor that will not agree to the terms and conditions required by the county governing body and by this chapter.
(Act 2000-154, p. 219, §4; Act 2000-314, p. 483, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 103 - Credit Card Payments for County and Municipal Services. › Section 11-103-5 - Applicability.

Section 11-103-5
Applicability.
Except where otherwise provided by local law, this chapter shall apply in any county or municipality where credit cards are accepted for any payments made to a county or municipal office, department, agency, board, or commission.
(Act 2000-154, p. 219, §5; Act 2000-314, p. 483, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 104 - Post-Employment Benefits Act of 2008. › Section 11-104-1 - Short Title.

Section 11-104-1
Short title.
The name of this chapter is the Post-Employment Benefits Act of 2008.
(Act 2008-503, p. 1109, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 104 - Post-Employment Benefits Act of 2008. › Section 11-104-2 - Definitions.

Section 11-104-2
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) DEPENDENTS. The spouse, children, or other dependents of the retired employee, as defined by and covered under the documents governing the governmental entities' benefit plans that provide post-employment benefits.
(2) EMPLOYEE. Any person who is an employee of any governmental entity located in the state who may become eligible for post-employment benefits from the governmental entity.
(3) EMPLOYER. Any governmental entity that sponsors, in whole or in part, post-employment benefits.
(4) FISCAL YEAR. The annual period at the end of which a governmental entity determines its financial condition.
(5) GASB. The Governmental Accounting Standards Board.
(6) GOVERNMENTAL ENTITY. Any political subdivision of the state, any department, agency, board, commission, or authority of any such political subdivision, or any public corporation, authority, agency, instrumentality, board, commission, state college, university, or other governmental entity controlled by or otherwise associated with any political subdivision.
(7) POST-EMPLOYMENT BENEFITS. Non-pension benefits sponsored in whole or in part by a governmental entity and paid in whole or in part by a governmental entity on behalf of retired employees or their dependents after separation from service in accordance with the terms of the relevant plan providing such benefits. Such benefits include, but are not limited to, medical, dental, vision, and prescription drug benefits; life insurance; long-term health care benefits; disability benefits and any other benefits as may now or hereafter be defined by GASB as subject to Statements 43 and 45, or similar statements, as may be amended from time to time.
(8) RETIRED EMPLOYEE. A former employee of a governmental entity who is eligible for post-employment benefits from the governmental entity.
(9) STATE. The State of Alabama.
(10) TRUSTEE. The trustee of a trust.
(11) TRUST. Any single-employer or multiple-employer trust or fund established for the purpose of funding post-employment benefits and includes, but is not limited to, an Internal Revenue Code Section 115 trust, 26 U.S.C. §501(c)(9) trust, also known as a Voluntary Employee Benefits Association trust, or 26 U.S.C. §401(h) fund.
(Act 2008-503, p. 1109, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 104 - Post-Employment Benefits Act of 2008. › Section 11-104-4 - Trustees.

Section 11-104-4
Trustees.
(a) A governmental entity or entities may retain as a trustee any financial institution, committee, association, person, or persons which it deems capable, competent, experienced, and appropriate for serving in such capacity.
(b) The powers and duties of the trustee shall be evidenced in and determined by the written trust agreement between the trustee and the governmental entity or entities.
(c) The trustee shall cause the annual financial statements of the trust to be prepared in accordance with generally accepted accounting principles and an audit by a qualified independent certified accounting firm to be conducted of those financial statements of each respective trust for each fiscal year in accordance with generally accepted auditing standards.
(d) Reasonable trustee fees and the reasonable expenses of holding, making, and disposing of investments, such as brokerage commissions, legal expenses referable to a particular transaction, transfer taxes, and other customary transactional expenses with respect to a trust may be payable out of the funds of such trust, if so allowed by the written trust agreement.
(Act 2008-503, p. 1109, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 104 - Post-Employment Benefits Act of 2008. › Section 11-104-5 - Funding; Trust Investments.

Section 11-104-5
Funding; trust investments.
(a) Subject to any limitations necessary to ensure the tax-exempt status of a trust, the sources of funding to a trust may be any of the following:
(1) Appropriations made by the governmental entity.
(2) Contributions by employees and retired employees.
(3) Employer contributions.
(4) Investment income.
(5) Proceeds of any gifts, grants, or contributions.
(6) Transfers from another trust or fund held by a governmental entity.
(7) Bonds, warrants, notes, or other evidence of indebtedness.
(8) All other sources permitted by law.
(b) Subject to payment for fees and reasonable expenses of maintaining a trust, the funds deposited into a trust shall be used for the exclusive purpose of funding post-employment benefit obligations of the governmental entity or entities. The agreements creating a trust shall be irrevocable, subject to subsection (e) of Section 11-104-3 and Section 11-104-8, and the assets of a trust shall not be expended, disbursed, loaned, transferred, or used for any purpose other than to acquire investments, pay reasonable administrative expenses, and provide post-employment benefits to or for retired employees and their dependents. The Legislature may not appropriate the assets of any trust.
(c) The governmental entity or entities may retain, in addition to the trustee, the appropriate administrative and professional services, including, but not limited to, actuaries, attorneys, and investment consultants, to properly maintain a trust and manage and invest the assets held in a trust. The reasonable administrative expenses associated with these services may be paid from the assets of the trust, if so allowed by the written trust agreement.
(d) The trust investments shall be governed by an asset allocation strategy that emphasizes the long-term funding of the trust while investing the assets for the highest investment rate of return consistent with acceptable levels of risk and the actuarially assumed rate of return that is established by the trust's actuary. These investments may include, but are not limited to, stocks, bonds, and various alternative assets, including real estate, hedge funds, and commodities. With respect to each trust that is created, an investment policy guiding the investment of such trust's assets, consistent with this subsection and all other provisions of this chapter, shall be established.
(Act 2008-503, p. 1109, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 104 - Post-Employment Benefits Act of 2008. › Section 11-104-6 - Applicability of Chapter

Section 11-104-6
Applicability of chapter
Nothing in this chapter shall be construed to define or otherwise grant any right or privilege to post-employment benefits or any other benefits to any person other than those post-employment benefits, rights, and privileges previously or already granted to employees, retired employees, and their dependents by each governmental entity's post-employment benefit plans, if any. Such rights and privileges shall be governed by the terms of the governmental entity's benefit plans, if any. This chapter is not intended to assure or deny any existing or future employee, retired employee, any of their dependents, or any other person of any right of employment or entitlement to any post-employment benefit or limit or otherwise restrict the ability of the governmental entity to modify or eliminate any existing or future benefit or post-employment benefit.
(Act 2008-503, p. 1109, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 104 - Post-Employment Benefits Act of 2008. › Section 11-104-7 - Construction With Other Laws.

Section 11-104-7
Construction with other laws.
It is the intent of the Legislature that, to the extent a governmental entity or entities establishes a trust, that it be operated in compliance with the Internal Revenue Code 26 U.S.C., as amended, in a manner which would allow the trust to maximize investment earnings while minimizing the costs to the governmental entities and their employees. The trusts shall not be subject to any current or future provision of a law, rule, ordinance, or resolution of the state, municipality, city, town, county, agency, or instrumentality thereof which conflicts with this legislative intent or would prevent or unreasonably hinder the accomplishment of the purposes of this chapter. This chapter shall be read as separate and apart from, and not in conflict with or subject to, the provisions of Amendment No. 623 of the Constitution of Alabama of 1901, now appearing as Section 228.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
(Act 2008-503, p. 1109, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 105 - Tourism Promotion and Development Authorities. › Section 11-105-1 - Formation of Public Authority.

Section 11-105-1
Formation of public authority.
Any one or more municipalities or counties, or any combination thereof, by resolution of the governing body of each participating municipality or county, may elect to form a public authority for the purpose of promoting and developing tourism in the geographic area to be served by the authority. The authority shall be vested with the powers provided by this chapter.
(Act 2011-692, p. 2116, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 105 - Tourism Promotion and Development Authorities. › Section 11-105-2 - Designation of Tourism Promotion and Development District.

Section 11-105-2
Designation of tourism promotion and development district.
A public authority established pursuant to this chapter shall designate a tourism promotion and development district which may be comprised of part or all of the corporate limits of any participating municipality and all or part of the unincorporated areas of any participating county. The governing body of each municipality and each county participating in the formation of the authority shall state in its authorizing resolution or by separate resolution the geographic area within its corporate limits that shall comprise the tourism promotion and development district.
(Act 2011-692, p. 2116, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 105 - Tourism Promotion and Development Authorities. › Section 11-105-3 - Powers of Authority.

Section 11-105-3
Powers of authority.
(a) A public authority established pursuant to this chapter may conduct programs and events, including, but not limited to, programs of information and publicity and public events to attract tourists to geographic areas served by the authority. The authority may conduct programs or events in Alabama and elsewhere and expend its funds in the furtherance of such programs and events in Alabama and elsewhere.
(b) The authority may enter into contracts with a person, firm, corporation, or association to carry out the purposes set forth herein. No contract entered into by the authority shall bind the State of Alabama or any county or municipality of the State of Alabama.
(c) The authority shall have all of the following powers:
(1) To sue and be sued.
(2) To own, lease, license, operate, purchase, acquire, hold, improve, develop, manage, sell, convey, transfer, exchange, release, and dispose of, either alone or in conjunction with others, real and personal property, tangible and intangible, of every kind, character, and description.
(3) To have a seal and alter the seal as necessary or appropriate.
(4) To appoint officers, agents, employees, attorneys, and accountants and fix their compensation.
(5) To make bylaws for the management and regulation of the authority's affairs, including the appointment of committees, upon resolution of the board of directors of the authority.
(6) To enter into contracts and execute all instruments necessary or convenient to lease, purchase, and own real or personal property used in furtherance of the purposes for the accomplishment of which the authority is created.
(7) To accept or receive gifts, bequests, devises, and all other types of funds, both public and private, regardless of the source, subject to all applicable laws, and to expend all such funds to carry out the purposes of this chapter.
(8) To provide funds directly or indirectly to third parties in connection with any public program, event, or advertising campaign to carry out the purposes herein stated.
(9) To borrow money, execute notes, and other evidence of indebtedness which may be required by the lender, and pledge anticipated revenue or income to secure payment of loans.
(10) To do all things necessary or convenient to carry out the powers expressly given herein.
(d) The authority shall not have the power of eminent domain.
(Act 2011-692, p. 2116, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 105 - Tourism Promotion and Development Authorities. › Section 11-105-5 - Powers of Board.

Section 11-105-5
Powers of board.
(a) The power of the authority shall be vested in and exercised by the board of directors pursuant to this chapter.
(b) The board may employ agents, employees, officers, consultants, attorneys, and secure services and assistance the board deems necessary to enable it to conduct and engage in the activities and purposes for which the authority is created.
(c) The board may delegate to one or more of its members, employees, agents, or officers, the duties it deems proper.
(d) The board shall elect a chair and a treasurer, and may elect a vice chair of the board who shall serve as chair in the event of the absence of the chair, and a secretary. One person may serve as treasurer and secretary. The treasurer and secretary may, but need not be, a member of the board.
(e) The board shall provide by resolution for the dates on which the chair, vice chair, treasurer, secretary, or any other officers shall be elected, which resolution shall also specify the term or period for which each of the offices shall serve.
(f) The treasurer shall act as custodian of all funds from whatever sources derived received by the authority.
(g) The treasurer of the board shall execute a fidelity bond with a company authorized to write bonds in the State of Alabama being surety thereon, which bond shall be in an amount approved by the board.
(h) Contracts of the authority shall be executed in the name of the authority by the chair of the board and attested by the secretary of the board. The board, by resolution, may provide for a different form for the execution of contracts and for the execution by an officer or agent other than the chair and secretary. In no event may a contract, irrespective of its form and of the persons executing it, be binding unless the contract was authorized or ratified by the board.
(i) Any member of the board may be removed without cause upon a two-thirds majority vote of the then existing board members of the authority.
(Act 2011-692, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 106 - Military Land Use Planning. › Section 11-106-1 - Short Title.

Section 11-106-1
Short title.
This chapter shall be known and may be cited as the Military Land Use Planning Act.
(Act 2014-13, p. 44, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 106 - Military Land Use Planning. › Section 11-106-2 - Legislative Findings.

Section 11-106-2
Legislative findings.
The Legislature finds, determines, and declares that it is desirable for local governments in the state to cooperate with military installations located within the state in order to encourage compatible land use, help prevent incompatible urban encroachment upon military installations, and facilitate the continued presence of major military installations within the state.
(Act 2014-13, p. 44, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 106 - Military Land Use Planning. › Section 11-106-3 - Definitions.

Section 11-106-3
Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) ADVERSE IMPACT ON MILITARY OPERATIONS AND READINESS. The same meaning as provided for that term in 10 U.S.C. § 183a(h), and consistent with Section 3.1.a.4 of DoD Instruction 4180.02.
(2) DEPARTMENT OF DEFENSE SITING CLEARINGHOUSE. The Military Aviation and Installation Assurance Siting Clearinghouse of the Department of Defense, as established by 10 U.S.C. § 183a.
(3) LOCAL GOVERNMENT. Any county or municipality.
(4) LOCAL IMPACT ISSUE. Any adoption or amendment by a local government of a proposed zoning plan, comprehensive master plan, or land development regulations that, if approved, may or will significantly affect any area or airspace that is within two miles of a military installation.
(5) MILITARY INSTALLATION. Any base, camp, post, station, airfield, yard, center, or any other land area under the jurisdiction of the United States Department of Defense, including any leased facility, the total acreage of which installation is in excess of 500 acres. The term military installation does not include any facility used primarily for civil works, river projects, or flood control projects.
(6) NOTICE OF PRESUMED RISK. The notice provided by the Department of Defense Siting Clearinghouse to an owner of an energy facility pursuant to 10 U.S.C. § 183a(c)(2).
(7) TALL STRUCTURE. Any building, structure, or unit within a multiunit building with a vertical height of more than 200 feet measured from the top of the foundation of the building, structure, or unit to the uppermost point of the building, structure, or unit. The term does not include: wind energy facilities, electrical transmission towers, slender structures, or minor vertical projections of a parent building, including, but not limited to, chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, lines, or wires, except that no such structure or vertical projection may project more than 20 vertical feet above the parent building. The term also does not include any communications structures requiring antenna structure registration pursuant to 47 C.F.R. § 17.4.
(8) WIND ENERGY FACILITY. Facilities for the generation of electricity by wind power.
(Act 2014-13, p. 44, §1; Act 2021-114, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 106 - Military Land Use Planning. › Section 11-106-4 - Notification of Local Impact Issues.

Section 11-106-4
Notification of local impact issues.
(a) Each local government whose territorial boundaries are within two miles of all or any portion of a military installation shall provide written notice to the military installation's commanding officer and the flying mission commanding officer if applicable, or their designees, of any local impact issue.
(b) Prior to approving any proposed tall structure or wind energy facility, the local government shall follow the requirements of Section 11-106-6. The requirements of Section 11-106-6 shall apply regardless of the distance of the tall structure or wind energy facility from any military installation and regardless of whether the local government’s territorial boundaries are within two miles of all or any portion of a military installation.
(Act 2014-13, p. 44, §1; Act 2021-114, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 106 - Military Land Use Planning. › Section 11-106-5 - Review by Military Installation, Submission of Comments; Effects on Local Government.

Section 11-106-5
Review by military installation, submission of comments; effects on local government.
(a) Upon submission of the information required by Section 11-106-4 about a local impact issue, the military installation shall have 30 calendar days before any final action is taken or any public hearing is held about the issue. During that time the military installation may review the information and submit comments to the local government on the impact of the issue upon the mission of the military installation. The comments may include any of the following:
(1) If the military installation has an airfield, whether the local impact issue will be compatible with the safety and noise standards contained in the air installation compatible use zone recommended by the United States Department of Defense for that airfield.
(2) Whether the local impact issue is compatible with the installation environmental noise management program of the military installation.
(3) Whether the local impact issue is compatible with any joint land use study for the area within which the changes are to take place, if such study has been completed.
(4) Whether the military installation's mission will be adversely affected by the local impact issue.
(b) The local government shall review any comments received from the commanding officer or the flying mission commanding officer, or their designees, pursuant to this section when considering approval of the local impact issue.
(c) Notwithstanding any other provision of this chapter, nothing in this section shall be construed to require a local government to amend its zoning rules, comprehensive plan, or land development regulations in effect as of February 18, 2014, in order to satisfy the requirements of this section.
(d) No provision of this chapter shall be construed to confer additional powers or expand existing powers of any local government over zoning, planning, or land use.
(e) If an existing joint land use study exists between any local governmental body and a military installation, this chapter shall not be construed to supersede the provisions of that existing agreement.
(Act 2014-13, p. 44, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-1 - Effect of Rules of Supreme Court of Alabama.

Section 12-1-1
Effect of rules of Supreme Court of Alabama.
Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure or any other rule of practice and procedure as may be adopted by the Supreme Court of Alabama.
(Acts 1977, No. 20, p. 28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-2 - Vesting of Judicial Power of State Generally.

Section 12-1-2
Vesting of judicial power of state generally.
The judicial power of the state is vested exclusively in a unified judicial system which shall consist of a Supreme Court, a Court of Criminal Appeals, a Court of Civil Appeals, a trial court of general jurisdiction known as the circuit court, a trial court of limited jurisdiction known as the district court, a probate court and such municipal courts as may be provided by law. The courts described in this section shall have all authority provided by law and shall continue to have all authority provided by rule. Except as otherwise provided by law, no moneys provided for under the provisions of this title shall be expended unless duly appropriated by the Legislature of the State of Alabama.
(Code 1940, T. 13, §1; Acts 1975, No. 1205, p. 2384, §1-101.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-3 - Vesting of Criminal Jurisdiction.

Section 12-1-3
Vesting of criminal jurisdiction.
The criminal jurisdiction of this state is vested in the circuit courts, district and municipal courts and such officers as are by law clothed with criminal jurisdiction.
(Code 1852, §380; Code 1867, §3928; Code 1876, §4626;Code 1886, §4193; Code 1896, §4589; Code 1907, §6692; Code1923, §3797; Code 1940, T. 13, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-4 - Transfer of Cases Improperly Submitted to Supreme Court or Courts of Appeals.

Section 12-1-4
Transfer of cases improperly submitted to Supreme Court or courts of appeals.
When any case is submitted to the Supreme Court which should have gone to one of the courts of appeals or is submitted to one court of appeals when it should have gone to the other, it must not be dismissed but shall be transferred to the proper court; and, when any case is submitted to a court of appeals which should have gone to the Supreme Court, it shall be transferred to the Supreme Court.
(Acts 1969, No. 987, p. 1744, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-5 - Procedure When Bill to Increase or Decrease Number of Judges or Change Boundaries of Circuit or District Introduced in Legislature.

Section 12-1-5
Procedure when bill to increase or decrease number of judges or change boundaries of circuit or district introduced in Legislature.
Pursuant to the constitutional requirement that the Supreme Court must, within three weeks after a bill is introduced at any session of the Legislature to increase or decrease the number of circuit or district judges or to change the boundaries of any judicial circuit or district, report to the Legislature its recommendations on the proposed change, the Clerk of the House of Representatives and the Secretary of the State Senate shall file with the Clerk of the Supreme Court immediately a certified copy of any such bill. The recommendations of the Supreme Court shall be filed with the Clerk of the House of Representatives and the Secretary of the State Senate within three weeks from the date of the delivery of such bill to the Clerk of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §6-116.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-6 - Procedure When Local Legislation Affecting Judiciary Introduced in Legislature.

Section 12-1-6
Procedure when local legislation affecting judiciary introduced in Legislature.
Whenever any bill is introduced in any session of the Legislature which pertains to the judiciary, which bill calls for local or less than statewide application, the Clerk of the House of Representatives or the Secretary of the Senate shall immediately deliver a certified copy of such bill to the Administrative Director of Courts, who shall, within 10 days after receipt of such certified copy of said bill, file an instrument in writing expressing an opinion pertaining to the constitutionality of such bill. Said instrument in writing shall be filed with the chairman of the House Judiciary Committee, the chairman of the Senate Judiciary Committee, the Clerk of the House of Representatives and the Secretary of the State Senate.
(Acts 1975, No. 1205, p. 2384, §6-117.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-6.1 - Briefs and Amicus Curiae by Certain Legislative Parties Authorized in Appellate Cases.

Section 12-1-6.1
Briefs and amicus curiae by certain legislative parties authorized in appellate cases.
(a) Notwithstanding Section 12-1-1, or any other provision of this title, or any rule of the Alabama Rules of Appellate Procedure, the Speaker of the House of Representatives, President Pro Tempore of the Senate, the Chairs of the House or Senate Judiciary Committees, or the Legislative Council may file an amicus curiae brief without leave of court at any time prior to the court's issuance of the certificate of judgment in any appeal.
(b) This section only applies to an amicus curiae brief prepared and filed by the staff of the Legislative Services Agency and to matters coming before the appellate courts of the state on or after June 7, 2019.
(c) It is the intent of the Legislature, pursuant to Section 6.11 of Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901 as amended, that this section supersede any inconsistent rule of appellate procedure adopted by the Alabama Supreme Court.
(d) This section is supplemental to, and shall not alter, amend, or otherwise affect the procedural rights, privileges, permissions, options, or abilities of any other individual or party, including any legislative agency or official, under the state's existing laws and rules of appellate procedure.
(Act 2019-443, §§1-3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-7 - Powers of Courts as to Preservation of Order, Enforcement of Judgments, etc., Generally.

Section 12-1-7
Powers of courts as to preservation of order, enforcement of judgments, etc., generally.
Every court shall have power:
(1) To preserve and enforce order in its immediate presence and as near thereto as is necessary to prevent interruption, disturbance or hindrance to its proceedings;
(2) To enforce order before a person or body empowered to conduct a judicial investigation under its authority;
(3) To compel obedience to its judgments, orders and process and to orders of a judge out of court, in an action or proceeding therein;
(4) To control, in furtherance of justice, the conduct of its officers and all other persons connected with a judicial proceeding before it in every matter appertaining thereto;
(5) To administer oaths in an action or proceeding pending therein and in all other cases where it may be necessary in the exercise of its powers and duties; and
(6) To amend and control its process and orders so as to make them conformable to law and justice.
(Code 1852, §562; Code 1867, §638; Code 1876, §543; Code 1886, §649; Code 1896, §2639; Code 1907, §4631; Code 1923,§8576; Code 1940, T. 13, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-8 - Cases in Which Courts May Issue Attachments and Inflict Summary Punishment for Contempt.

Section 12-1-8
Cases in which courts may issue attachments and inflict summary punishment for contempt.
The powers of the several courts in this state to issue attachments and inflict summary punishment for contempts shall not extend to any other cases than:
(1) Disrespectful, contemptuous or insolent behavior in court, tending in any way to diminish or impair the respect due to judicial tribunals or to interrupt the due course of trial;
(2) A breach of the peace, boisterous conduct, violent disturbance or any other act calculated to disturb or obstruct the administration of justice, committed in the presence of the court or so near thereto as to have that effect;
(3) The misbehavior of any officer of the court in his official transactions or the disobedience or resistance of any officer of the court, party, juror, witness or any other person to any lawful writ, process, order, rule, decree or command thereof;
(4) Deceit or the abuse of the process of the proceedings of the court by any person or party or any unlawful interference with the processor proceedings of the court;
(5) Refusing to be sworn or to answer, either in the court or before the grand jury, any lawful question as a witness or garnishee;
(6) When summoned as a juror in a court, improperly conversing with a party to an action to be tried at such court or with any other person in relation to the merits of such action or receiving a communication from a party or other person, in respect to it, without immediately disclosing the same to the court; or
(7) Conversing with a juror, knowing him to be such, in relation to the merits of any action which he is engaged in the trial of or supplying any juror with refreshments of any kind, except water, during the time he is engaged in the trial of any cause, without leave of the court.
(Code 1852, §561; Code 1867, §637; Code 1876, §542; Code 1886, §648; Code 1896, §2638; Code 1907, §4630; Code 1923,§8574; Code 1940, T. 13, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-9 - Conduct of Inquiries, etc., as to Violations of Section 12-1-8 and Punishment of Offenders.

Section 12-1-9
Conduct of inquiries, etc., as to violations of Section 12-1-8 and punishment of offenders.
The judges of the several courts of this state, whenever they deem it proper or necessary, shall inquire and examine the parties, witnesses, jurors or third parties as to whether or not any of the provisions of Section 12-1-8 have been violated; and, if the judge shall ascertain and determine that any provision of Section 12-1-8 has been violated, he shall declare the persons offending guilty of contempt of court and punish them accordingly.
(Code 1923, §8575; Code 1940, T. 13, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 1 - General Provisions. › Section 12-1-10 - Punishment by Courts for Contempt.

Section 12-1-10
Punishment by courts for contempt.
The courts of this state may punish for contempt as provided by law.
(Code 1852, §§568, 604, 628, 671, 704, 712; Code 1867, §§660, 700, 746, 791, 832, 842; Code 1876, §§571, 618, 657, 694, 746, 758; Code 1886, §4194; Code 1896, §4590; Code 1907, §6693; Code 1923, §3798; Code 1940, T. 13, §9.)