reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Section 11-5-30 - Legislative Findings; Construction.

Section 11-5-30
Legislative findings; construction.
(a) The Legislature hereby finds, determines, and declares all of the following:
(1) An unattended and sudden death is one of society's most tragic events and should receive the appropriate caring, competent, and thorough attention of all levels of government.
(2) A suspicious, sudden, or violent death is very difficult to investigate and to accurately determine the cause and manner of death for the death certificate.
(3) Medical examiners and coroners determine the cause of death and with other forensic scientists and investigators determine the manner of death.
(4) Death certificates issued on unattended, sudden, and violent deaths greatly impact government spending decisions, the living loved ones, and insurance decisions so that the accuracy of the death certificate is of great concern to the Legislature.
(5) There are currently no minimum standards of training for county coroners.
(6) Local coroners or non-physician death investigators are necessary and critical to the investigation of unattended deaths in Alabama.
(7) The competency of unattended death investigations is directly related to the minimum education and training standards of the investigators and standards need to be established and implemented statewide.
(b) The provisions of this article are to be liberally construed to accomplish the purposes of this section and to promote the same, which are hereby declared to be public policy of this state.
(Act 2006-581, p. 1527, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Section 11-5-32 - Conflicts of Interest.

Section 11-5-32
Conflicts of interest.
(a) A coroner who owns, operates, is employed by, or otherwise has an interest in a funeral establishment is deemed to have a conflict of interest and shall not direct business to the establishment when performing his or her duties under the laws of this state.
(b) Nothing in this section shall prevent a person from taking the body of the deceased to a funeral establishment in which the coroner has an interest if the person decides to do so without the suggestion of the coroner.
(c) The provisions of this section shall not apply if an emergency situation exists and the coroner acts in good faith to prevent a health hazard.
(d) Any person who knowingly violates subsection (a) shall, upon conviction, be guilty of a Class B misdemeanor.
(Act 2006-581, p. 1527, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Section 11-5-33 - Coroner Qualifications.

Section 11-5-33
Coroner qualifications.
(a) No person shall be eligible to hold the office of coroner unless he or she meets the following qualifications:
(1) Is a citizen of the United States.
(2) Is a resident in the county in which he or she seeks the office of coroner for at least one year prior to his or her qualifying for election to the office and remains a resident of the county during his or her term of office.
(3) Is a registered voter.
(4) Has attained the age of 25 years prior to the date of the general primary election in the year that he or she qualifies for election to the office.
(5) Has obtained a high school diploma or its recognized equivalent.
(6) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of Alabama, or any other state, or the United States.
(7) Has successfully completed the next scheduled training course no longer than 180 days after his or her election or appointment, unless an affidavit affirms that the requirement of this subdivision has been met at the time of qualifying for the office.
(b) Each person offering his or her candidacy for the office of coroner shall file an affidavit with the judge of probate before whom the person has qualified to seek the office of coroner prior to or at the time of qualifying, which affidavit shall affirm that he or she meets all the qualifications required pursuant to this section.
(Act 2006-581, p. 1527, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Section 11-5-34 - Deputy Coroners.

Section 11-5-34
Deputy coroners.
The coroner of each county is authorized to appoint such deputy coroners as are needed, with the prior approval of the county commission. Any appointment shall be in writing and shall be filed in the office of the coroner and the office of the judge of probate. The coroner of each county may delegate any of the powers of the office to one or more deputies who shall then have the same duties with respect thereto as has the coroner. Any act of a deputy shall be performed in the name of the coroner and signed by the deputy performing the act. A deputy coroner shall hold office during and subject to the pleasure of the coroner. Each deputy coroner, before entering the performance of the office, shall file with the judge of probate of the county the bond and oath of office required by law to be filed by the coroner. No compensation shall be paid to a deputy coroner without approval of a majority of the membership of the county commission.
(Act 2006-581, p. 1527, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Section 11-5-35 - Certification of Death.

Section 11-5-35
Certification of death.
Any coroner or deputy coroner shall have the authority to certify any death occurring within the boundaries of the State of Alabama providing that the offense, occurrence, or incident that ultimately resulted in the death occurs within the jurisdiction of the county coroner.
(Act 2006-581, p. 1527, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Section 11-5-36 - Exceptions.

Section 11-5-36
Exceptions.
(a) The following provisions of this article shall not apply to a doctor of medicine or a doctor of osteopathy licensed to practice medicine in this state who serves as a coroner or deputy coroner:
(1) Subsections (d), (e), and (i) of Section 11-5-31.
(2) Subdivision (7) of subsection (a) and subsection (b) of Section 11-5-33.
(b) Any rule promulgated by the commission pursuant to its authority under any of the sections listed in subdivisions (1) or (2) of subsection (a) shall not apply to a doctor of medicine or a doctor of osteopathy licensed to practice medicine in this state.
(Act 2006-581, p. 1527, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Article 3 - Storage and Transportation of Bodies. › Section 11-5-50 - Transportation of Body to Forensic Science Laboratory; Storage of Body.

Section 11-5-50
Transportation of body to forensic science laboratory; storage of body.
Except where there is an agreement or local law which provides otherwise, the coroner shall be responsible for carrying out the duties required for proper transportation of a body to a forensic sciences laboratory for the purpose of performing an autopsy or any other postmortem examination ordered pursuant to Section 36-18-2. The coroner shall be responsible for storage of a body prior to transportation to a forensic sciences laboratory when necessary. Upon receipt of an order issued pursuant to Section 36-18-2, the coroner shall coordinate with the Department of Forensic Sciences regarding the storage and transportation of the body to the forensic sciences laboratory designated by the Department of Forensic Sciences.
(Act 2010-542, p. 943, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Article 3 - Storage and Transportation of Bodies. › Section 11-5-51 - Reimbursement of Expenses.

Section 11-5-51
Reimbursement of expenses.
The actual expenses incurred by the coroner in performing the duties set out herein shall be reimbursed as follows: If the autopsy or any other postmortem examination is ordered as provided in Section 36-18-2, the costs incurred for storage and transportation of the body to a facility operated by the Department of Forensic Sciences for the purpose of performing the autopsy or any other postmortem examination shall be paid by the law enforcement agency, excluding the office of the district attorney or grand jury, with primary jurisdiction over the investigation surrounding the death.
(Act 2010-542, p. 943, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Article 3 - Storage and Transportation of Bodies. › Section 11-5-52 - Itemization of Expenses; Statement.

Section 11-5-52
Itemization of expenses; statement.
(a) To obtain reimbursement of expenses as authorized in this article, the coroner shall itemize the necessary expenses incurred for the storage of the body prior to transportation and for transportation of the body from its location to the designated forensic sciences laboratory and transportation from the designated forensics laboratory to a designated funeral home or other appropriate location. The itemized statement shall be delivered to the county commission by the coroner within 10 days of the date the body is delivered to the designated forensic sciences laboratory.
(b) Upon receipt of the statement from the coroner, the county commission shall prepare and send an itemized statement for reimbursement of expenses to the entity responsible for reimbursement as provided in Section 11-5-51. Payment shall be remitted to the county commission by the responsible entity within 30 days of the date of receipt of the itemized statement.
(Act 2010-542, p. 943, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Article 3 - Storage and Transportation of Bodies. › Section 11-5-53 - Payments.

Section 11-5-53
Payments.
All payments remitted under this article shall be paid into the county general fund and expended only for expenses related to the storage and transportation of bodies for purposes of autopsy or any other postmortem examination as provided in this article. The coroner shall be responsible for providing the county commission itemized statements of all expenses due to be paid for the costs of storage and transportation of bodies as provided in this article and upon receipt of an invoice, the county commission shall make timely payment of incurred expenses. If the coroner has complied with Section 11-5-52, the county commission shall pay the expenses from monies deposited in the county general fund and expended as provided in this section. If the coroner has not complied with Section 11-5-52, the county commission shall not be responsible for payment of any expenses.
(Act 2010-542, p. 943, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 5 - Coroner. › Article 3 - Storage and Transportation of Bodies. › Section 11-5-54 - Assistance Rendered Upon Request for Autopsy or Postmortem Examination.

Section 11-5-54
Assistance rendered upon request for autopsy or postmortem examination.
In the event an autopsy or any other postmortem examination is requested for purposes other than in the course of an investigation, the coroner shall not be responsible for the storage or transportation of the body. The coroner may provide assistance to the person or entity requesting the autopsy or any other postmortem examination if the person or entity pays all expenses incurred by the coroner prior to the services being rendered. Payment shall be made payable to the county general fund and expended as provided in Section 11-5-53.
(Act 2010-542, p. 943, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 1 - General Provisions. › Section 11-6-1 - Appointment; Salary.

Section 11-6-1
Appointment; salary.
The county commission shall be authorized to appoint a county engineer or chief engineer of the division of public roads who shall serve full time in such capacity for the county and the amount of whose salary shall be such sum as may be fixed by the said county commission payable in equal monthly installments from county funds available for that purpose when properly entered into the minutes of the county commission. Consulting engineers and/or consulting firms acting in the capacity as county engineer or chief engineer of the division of public roads shall not be permitted. The county may enter into a contract of employment of appointment to office of said engineer for a period of time not to exceed five years.
(Acts 1971, No. 1945, p. 3143, §2; Acts 1986, No. 86-395, p. 582, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 1 - General Provisions. › Section 11-6-2 - Qualifications.

Section 11-6-2
Qualifications.
The person appointed as county engineer, or chief engineer of the division of public roads within the meaning of this article, shall be a registered professional engineer in the State of Alabama in good standing and, in addition, he shall have had not less than three years' experience in the maintenance and construction of highways and bridges. The county engineer need not be qualified as a land surveyor in order for the State Department of Transportation to participate in the payment of a portion of said county engineer's salary as provided in Section 11-6-4.
(Acts 1971, No. 1945, p. 3143, §3; Acts 1976, No. 338, p. 368; Acts 1977, No. 463, p. 603; Acts 1977, No. 470, p. 612; Acts 1977, No. 797, p. 1376; Acts 1978, No. 18, p. 84; Acts 1978, No. 382, p. 346; Acts 1979; No. 79-273, p. 412; Acts 1979, No. 79-571, p. 1020; Acts 1980, No. 80-111, p. 163; Acts 1981, No 81-707, p. 1188; Acts 1986, No. 86-395, p. 582, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 1 - General Provisions. › Section 11-6-3 - Duties.

Section 11-6-3
Duties.
It shall be the duty of the said county engineer or chief engineer of the division of public roads, subject to the approval and direction of the county commission to:
(1) Employ, supervise, and direct such assistants as are necessary to construct and maintain properly the county public roads, highways, and bridges;
(2) Perform such engineering and surveying services as may be required to prepare and maintain the necessary maps, plans, and records;
(3) Maintain the necessary accounting records to reflect the cost of constructing and maintaining the county highway system; and
(4) Perform such other duties as are necessary and incident to the operation of the county highway system as directed by the county commission.
(Acts 1971, No. 1945, p. 3143, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 1 - General Provisions. › Section 11-6-4 - State Participation in Salary.

Section 11-6-4
State participation in salary.
When any county has established the office of county engineer or chief engineer of the division of public roads the Director of the Department of Transportation shall, upon application of the county commission, authorize the expenditure out of the available funds of the State Department of Transportation, of an amount equal to 70 percent of the annual salary of the engineer to such county, which shall apply to the payment of the annual salary of the engineer, with such payments to be made in equal monthly installments; provided, that the amount contributed or paid by the State Department of Transportation to any county, not including retirement contributions, shall not exceed 70 percent of step 18, or the top step, whichever is greater, of the salary schedule under the Professional Civil Engineer II, Senior classification in any one year.
(Acts 1971, No. 1945, p. 3143, §5; Act 2019-2, 1st Sp. Sess., §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 1 - General Provisions. › Section 11-6-5 - Effect of County Civil Service or Merit System Laws.

Section 11-6-5
Effect of county civil service or merit system laws.
In those counties whose employees are governed by a civil service or merit system law, the provisions of such law shall remain in full force and effect.
(Acts 1971, No. 1945, p. 3143, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 1 - General Provisions. › Section 11-6-6 - Construction of Article.

Section 11-6-6
Construction of article.
Repealed by Act 2019-2, 1st Sp. Sess., §12, effective March 12, 2019.
(Acts 1971, No. 1945, p. 3143, §7; Act 2019-2, 1st Sp. Sess., §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 2 - Engineer Trainees. › Section 11-6-20 - Appointment; Full-Time Office.

Section 11-6-20
Appointment; full-time office.
The county commission or like governing body of each of the several counties shall be authorized to appoint an engineer trainee as assistant to the county engineer who shall devote his full time to the duties of his office.
(Acts 1975, 4th Ex. Sess., No. 98, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 2 - Engineer Trainees. › Section 11-6-21 - Qualifications.

Section 11-6-21
Qualifications.
Any person appointed to the position of engineer trainee under the provisions of this article shall be a graduate engineer and a certified engineer intern as provided in Chapter 11 of Title 34, in the State of Alabama and in good standing; provided, that should an acceptable candidate possessing these qualifications not be available, such county may appoint as engineer trainee within the terms of this article a nongraduate certified engineer intern in good standing.
(Acts 1975, 4th Ex. Sess., No. 98, §2; Acts 1997, No. 97-683, p. 1332, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 2 - Engineer Trainees. › Section 11-6-22 - Duties.

Section 11-6-22
Duties.
It shall be the duty of the engineer trainee, appointed under provisions of this article, subject to approval and direction of the county commission or like governing body, to assist the county engineer or chief engineer of the division of public roads of said county in all duties of said engineer as prescribed by law or as directed by the county commission and to perform such other duties as necessary and incident to the operation of the county highway system.
(Acts 1975, 4th Ex. Sess., No. 98, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 2 - Engineer Trainees. › Section 11-6-23 - State Participation in Salary.

Section 11-6-23
State participation in salary.
(a) Upon application of the county commission or like governing body of the several counties of the state, the Department of Transportation shall participate in the salary of the engineer trainee in the county in an amount equal to 50 percent of the annual salary of the engineer trainee. The amount is to be paid to the county in equal monthly installments to reimburse the fund of the county from which the salary of the engineer trainee is paid.
(b) The amount contributed or paid by the Department of Transportation to any county under this article shall not include retirement contributions, Social Security, unemployment compensation, or other employee benefits, nor shall the amount contributed or paid exceed 50 percent of the annual salary schedule of the Department of Transportation under the Professional Civil Engineer I classification, step 18, or the top step, whichever is greater, as established by the Department of Transportation for the year in which applied.
(Acts 1975, 4th Ex. Sess., No. 98, §4; Acts 1993, No. 93-371, p. 633, §1; Act 2019-2, 1st Sp. Sess., §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 2 - Engineer Trainees. › Section 11-6-24 - Considered County Employee.

Section 11-6-24
Considered county employee.
Engineer trainees appointed under provisions of this article shall in all respects be considered as employees of the counties by which employed.
(Acts 1975, 4th Ex. Sess., No. 98, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 6 - Engineer. › Article 2 - Engineer Trainees. › Section 11-6-25 - Provisions of Article Cumulative.

Section 11-6-25
Provisions of article cumulative.
The provisions of this article are cumulative and in addition to all other statutes providing for assistance to the several counties for the maintenance and betterment of public roads.
(Acts 1975, 4th Ex. Sess., No. 98, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-1 - Number; Qualifications, Appointment, and Term of Office.

Section 11-7-1
Number; qualifications, appointment, and term of office.
The county commission is authorized to appoint two surveyors for the county, who shall hold office for the term of three years and until their successors may be qualified, unless sooner removed. Before making an appointment, the court must be satisfied by evidence that the person appointed is qualified to discharge the duties of a surveyor. It is no objection that a person appointed county surveyor is a qualified surveyor of an adjacent county, but he must qualify in each county.
(Code 1852, §812; Code 1867, §947; Code 1876, §862; Code 1886, §933; Code 1896, §3889; Code 1907, §6016; Code 1923, §10345; Code 1940, T. 56, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-2 - Bond.

Section 11-7-2
Bond.
The official bonds of county surveyors shall be $1,000.00, the premiums on said bonds to be paid by the persons making such bonds without expense to the county.
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §94.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-3 - Removal.

Section 11-7-3
Removal.
The county commission has power to remove either or both such surveyors if satisfied the public good requires removal and, in the event of removal, to make a new appointment.
(Code 1852, §813; Code 1867, §948; Code 1876, §863; Code 1886, §934; Code 1896, §3890; Code 1907, §6017; Code 1923, §10346; Code 1940, T. 56, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-4 - Duties Generally.

Section 11-7-4
Duties generally.
It is the duty of the surveyor faithfully to execute and return all orders of survey directed to him from any court of record in the state and to make all surveys of lands or lots in the county at the request of any person interested therein on payment or tender of his probable fees for the same.
(Code 1852, §815; Code 1867, §950; Code 1876, §865; Code 1886, §936; Code 1896, §3892; Code 1907, §6019; Code 1923, §10348; Code 1940, T. 56, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-5 - Right of Entry Upon Lands for Execution of Court Ordered Survey; Penalty for Obstruction of Surveyor, Etc.

Section 11-7-5
Right of entry upon lands for execution of court ordered survey; penalty for obstruction of surveyor, etc.
In the execution of an order of survey directed to him by any court, the surveyor and his assistants may, without the consent of the occupant or claimant of ownership, enter upon any lands necessary to be surveyed or entered upon and survey the same in an orderly and proper manner, and any person who shall obstruct him or his assistants therein shall be punished as for contempt of court.
(Code 1907, §6020; Code 1923, §10349; Code 1940, T. 56, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-6 - Fees for Court Ordered Survey Taxed as Costs.

Section 11-7-6
Fees for court ordered survey taxed as costs.
When a survey is directed by any court of record, the fees of the surveyor are to be taxed in the bill of costs.
(Code 1852, §817; Code 1867, §952; Code 1876, §867; Code 1886, §938; Code 1896, §3894; Code 1907, §6022; Code 1923, §10351; Code 1940, T. 56, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-7 - Oath of Chain Bearers; Preparation and Contents of Plat of Lands or Lots Surveyed.

Section 11-7-7
Oath of chain bearers; preparation and contents of plat of lands or lots surveyed.
The surveyor must swear his chain bearers to perform their duties without favor or affection, and must make a plat of all lands or lots he surveys for the person requiring the same, and write on such plat the names of his chain bearers and also his fees for the same.
(Code 1852, §816; Code 1867, §951; Code 1876, §866; Code 1886, §937; Code 1896, §3893; Code 1907, §6021; Code 1923, §10350; Code 1940, T. 56, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-8 - When Survey or Plat Evidence of Facts Stated.

Section 11-7-8
When survey or plat evidence of facts stated.
A survey or plat of land made by a county surveyor, signed by him officially and stating the contents, courses, distances, and designation at the land office of any land surveyed by him, is presumptive evidence of the facts stated if the opposite party has notice that such survey is to be made.
(Code 1852, §818; Code 1867, §953; Code 1876, §868; Code 1886, §939; Code 1896, §3895; Code 1907, §6023; Code 1923, §10352; Code 1940, T. 56, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-9 - Liability for Damages.

Section 11-7-9
Liability for damages.
A county surveyor is liable on his official bond, for any damages done by a wrongful survey or plat.
(Code 1852, §819; Code 1867, §954; Code 1876, §869; Code 1886, §940; Code 1896, §3896; Code 1907, §6024; Code 1923, §10353; Code 1940, T. 56, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-10 - Rights as to Fences or Buildings Not Lost by Straightening or Location of Section, etc., Lines.

Section 11-7-10
Rights as to fences or buildings not lost by straightening or location of section, etc., lines.
When a survey of land is made by a county surveyor for the purposes of straightening or locating section or other lines, the owners of the fences or buildings erected on or near the original or supposed lines shall not lose their right to the same when the survey places the fences or buildings upon the lands of others.
(Code 1852, §820; Code 1867, §956; Code 1876, §871; Code 1886, §942; Code 1896, §3898; Code 1907, §6026; Code 1923, §10355; Code 1940, T. 56, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-11 - Right of Entry Upon Lands for Execution of Surveys Requested by Interested Persons.

Section 11-7-11
Right of entry upon lands for execution of surveys requested by interested persons.
In making any survey of lands at the request of any person interested therein, the surveyor and his assistants may without the consent of the owner or person in possession enter upon and survey in an orderly manner any lands which it may be necessary for them to enter on or survey in order to make an accurate survey of the lands.
(Code 1907, §6027; Code 1923, §10356; Code 1940, T. 56, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 7 - Surveyors. › Section 11-7-12 - Compensation of Surveyor, Chain Bearers, and Markers.

Section 11-7-12
Compensation of surveyor, chain bearers, and markers.
The county commission must fix the rates of compensation of the surveyor as well as that of his chain bearers and markers.
(Code 1852, §820; Code 1867, §955; Code 1876, §870; Code 1886, §941; Code 1896, §3897; Code 1907, §6025; Code 1923, §10354; Code 1940, T. 56, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-1 - Fiscal Year Defined.

Section 11-8-1
Fiscal year defined.
For the purposes of this chapter the fiscal year shall begin October 1 and shall end September 30 following.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §91.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-2 - Purpose of Chapter.

Section 11-8-2
Purpose of chapter.
It is the purpose of this chapter to vest in the county commission more efficient power and control over all public funds that may now or hereafter be under its management and control, to limit its power and authority to incur obligations and to approve and pay claims for current operating expenses in any fiscal year to the income of such year available for such purposes and to authorize the refunding of outstanding general obligations, other than bonded indebtedness, so that the provisions of this chapter may be put into effective operation.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §73.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-4 - Principal and Interest on Refunding Warrants to Constitute Part of Annual County Operating Budget; Payment of Same.

Section 11-8-4
Principal and interest on refunding warrants to constitute part of annual county operating budget; payment of same.
Where counties issue or have heretofore issued refunding warrants in lieu of obligations outstanding, the interest of such outstanding warrants together with the principal thereof maturing in any fiscal year, shall constitute a part of the current operating budget of such county for that fiscal year and shall be paid out of funds available in such year for operating purposes, unless funds are provided otherwise for such payment.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §75.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-5 - Temporary Loans to Constitute Part of Annual County Operating Revenue and Expenses in Budget; Payment of Same.

Section 11-8-5
Temporary loans to constitute part of annual county operating revenue and expenses in budget; payment of same.
In making up the budget provided for under this chapter the amount borrowed on temporary loans in anticipation of the collection of taxes to be made during each fiscal year shall be included as a part of the operating revenue of the county for such year and the amount of such temporary loan, principal, and interest payable in each fiscal year, shall constitute a part of the current operating expenses to be included in the budget of the county for the fiscal year in which such loans are payable and shall be paid out of the funds pledged therefor.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §85.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-6 - Disposition of Unexpended Balances at End of Fiscal Year.

Section 11-8-6
Disposition of unexpended balances at end of fiscal year.
At the end of every fiscal year any unexpended balances remaining in the several funds set up under the provisions of this chapter shall go forward into the respective several funds for the succeeding year, and such balance or balances shall constitute a part of the income available for such fiscal year and shall be handled, appropriated, and disbursed as any other income for that year.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §77.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-7 - Record of Financial Status - Required; Contents; Public Examination.

Section 11-8-7
Record of financial status - Required; contents; public examination.
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §79.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-8 - Record of Financial Status - Maintenance, Etc.

Section 11-8-8
Record of financial status - Maintenance, etc.
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §80.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-9 - Authority to Issue Orders for Warrants or Checks.

Section 11-8-9
Authority to issue orders for warrants or checks.
No warrant shall be issued or check drawn on the county treasury or county depository by any person except as authorized by the chair of the county commission or such other officer as may be designated by such county commission, unless otherwise provided by law, and officers who are authorized to pay claims which have not been first approved by the county commission shall issue orders for warrants or checks pursuant to procedures established by the county commission.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §76; Act 2007-488, p. 1037, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-10 - Warrants or Orders for Payment of Money Not to Be Issued Until Funds Available.

Section 11-8-10
Warrants or orders for payment of money not to be issued until funds available.
No warrant or order for the payment of money shall be issued under authority of the county commission until funds are available for its payment upon presentation to the treasurer or depository pursuant to procedures established by the county commission.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §78; Act 2007-488, p. 1037, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-11 - Investment of Surplus Funds in United States Securities.

Section 11-8-11
Investment of surplus funds in United States securities.
The county commission is hereby authorized to invest the remaining surplus in any fund, after the adoption of the budget or after provision has been made for anticipated indebtedness, in interest-bearing securities issued by the United States government which are guaranteed as to principal and which are redeemable upon application. This section shall be retroactive and investments heretofore made are hereby ratified and approved.
(Acts 1943, No. 505, p. 480.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-12 - Appropriations by Counties to Lurleen B. Wallace Memorial Cancer Hospital Fund.

Section 11-8-12
Appropriations by counties to Lurleen B. Wallace Memorial Cancer Hospital Fund.
Any county commission is hereby authorized to make appropriations to the Lurleen B. Wallace Memorial Cancer Hospital Fund, Inc., incorporated May 28, 1968.
(Acts 1969, No. 838, p. 1543.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-13 - Office Supplies and Ex Officio Fees of County Officials.

Section 11-8-13
Office supplies and ex officio fees of county officials.
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §88.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-14 - Appointment of Officers and Employees.

Section 11-8-14
Appointment of officers and employees.
Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §89.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-15 - Emergencies.

Section 11-8-15
Emergencies.
In the event any situation resulting from an act of God or the public enemy over which the county commission has no control results in an appreciable obligation against the county over and above what said county commission has reason to anticipate and for which no moneys from the current year's income are available to pay, such county commission may issue its interest-bearing warrants as now authorized by law in an amount sufficient to pay such emergency obligation and the interest and maturities of principal of such warrants shall constitute a part of the budget for the year in which they mature. But before such warrants shall be authorized or sold under this section, such county commission shall inquire into and find that such emergency obligation has arisen, and such finding shall be spread upon the minutes of its proceedings.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §90.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-16 - Applicability of Provisions of Chapter - County Bonds.

Section 11-8-16
Applicability of provisions of chapter - County bonds.
The provisions of this chapter shall not apply to county bonds now outstanding or that may be hereafter issued under authority of law.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §86.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8 - Financial Affairs Generally. › Section 11-8-17 - Applicability of Provisions of Chapter - Public School Funds.

Section 11-8-17
Applicability of provisions of chapter - Public school funds.
The provisions of this chapter shall not apply to public school funds administered by county boards of education by whatever name they may bear.
(Acts 1935, No. 379, p. 803; Code 1940, T. 12, §87.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8A - County Bond Financing Review. › Section 11-8A-1 - Definitions.

Section 11-8A-1
Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) BOND FINANCING AGREEMENT. An agreement or other document relating to the sale or issuance of bonds including, but not limited to, a bond purchase agreement, a loan agreement, a refinancing agreement, or documents providing for bonds sold or issued on a competitive sale basis.
(2) BONDS. Bonds, bond anticipation notes, warrants, warrant anticipation notes, or indebtedness issued or entered into on behalf of the county or by the county commission for a term of at least three years or more.
(3) BUSINESS DAY. A day, other than a Saturday or a Sunday, on which commercial banking institutions are open for business in the State of Alabama and a day on which the payment system of the Federal Reserve System is operational.
(4) CAPITAL EXPENDITURE. Any cost or expense of a type that is properly chargeable to a capital account under general federal income tax principles.
(5) GENERAL OBLIGATION INDEBTEDNESS. A bond financing agreement which, according to its terms, will be repaid from any funds at the disposal of the county commission.
(6) GENERAL OPERATING EXPENSES. Any expense incurred by a county in the general operation and function of the county. The term includes salaries and other associated expenses, but does not include a capital expenditure or expense.
(7) LIMITED OBLIGATION INDEBTEDNESS. Bonds which, according to their terms, are required to be paid solely from the proceeds of a specific tax, fee, license, charge, or other specific revenue stream.
(8) NET PRESENT VALUE SAVINGS. The projected cost savings to the county from refinancing any bonds, by comparing the net present value of the costs of the bonds proposed for refunding, including the original costs of issuance and the payment of principal and interest on the bonds proposed for refunding, with the net present value of the costs of the proposed bonds, including the costs of issuance and refinancing and the payment of principal and interest on the proposed bonds.
(9) SWAP AGREEMENT. A swap agreement as defined in Article 3, commencing with Section 41-1-40, of Chapter 1 of Title 41.
(Act 2009-757, p. 2287, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8A - County Bond Financing Review. › Section 11-8A-2 - Compliance With Chapter.

Section 11-8A-2
Compliance with chapter.
Notwithstanding any other law, after October 1, 2009, no county commission may enter into any bond financing agreement or other transaction related to establishing bonded indebtedness that constitutes or creates an obligation, debt, or charge against the credit or taxing power of the county until and unless the county has satisfied the requirements of this chapter.
(Act 2009-757, p. 2287, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8A - County Bond Financing Review. › Section 11-8A-4 - Required Documentation.

Section 11-8A-4
Required documentation.
(a) In addition to the requirements of Section 11-8A-3, the bond financing agreement documents shall include a detailed itemization of the costs and fees which will be paid directly by the county commission or from bond proceeds under the bond financing agreement. This itemization shall include a statement acknowledging that the amounts of these costs and fees have been presented and explained to all members of the county commission prior to the sale of bonds. The acknowledgement statement shall be signed by the chair of the county commission or another commission member designated by the county commission and by the authorized signatory for the bond underwriter.
(b) In connection with a swap agreement, the documentation necessary to effectuate the swap agreement shall also include a statement from the authorized signatory for the bond underwriter or authorized signatory of the provider of the swap agreement to the effect that:
(1) It has provided the county commission with a disclosure of the potential risks inherent in the swap agreement.
(2) It has disclosed all fees associated with the swap agreement.
(3) It has provided the county commission with documentation necessary to effectuate the swap agreement including master agreements, schedules, credit support annexes, confirmations, legal opinions, fairness opinions, and any other information necessary to comply with subdivisions (3) and (5) of subsection (c) of Section 11-8A-3.
(Act 2009-757, p. 2287, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 8A - County Bond Financing Review. › Section 11-8A-5 - Preparatory Advice and Consultation.

Section 11-8A-5
Preparatory advice and consultation.
In preparing the county government bond financing review form, the county commission shall consult with and obtain advice from either an attorney for the county, the county administrator, or, at the option of the county commission, a certified public accountant regarding any and all bond or swap proposals received by the county. The person or persons utilized by the county commission for advice and consultation shall review all documents to be included at the execution of the bond financing agreement or swap agreement.
(Act 2009-757, p. 2287, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 9 - Warrants for Utility Purposes. › Article 1 - Warrants or Certificates of Indebtedness for Sanitary Sewer Systems. › Section 11-9-1 - "Special Sanitary Tax" Defined; Applicability of Provisions of Article.

Section 11-9-1
"Special sanitary tax" defined; applicability of provisions of article.
The term "special sanitary tax" wherever used in this article means any special annual ad valorem tax upon all taxable property in a county, the proceeds of which are or may be required to be used exclusively as a sanitary fund.
The provisions of this article shall apply to each county in this state which is now levying or may hereafter levy a special sanitary tax.
(Acts 1955, No. 263, p. 610, §1.)