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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-03/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.03 - Railroads Authorized to Transfer Abandoned Rights-of-Way.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.03 - Railroads Authorized to Transfer Abandoned Rights-of-Way.
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Section 10A-21-2.03
Railroads authorized to transfer abandoned rights-of-way.
Any railroad is hereby authorized to transfer all rights, title, and interests to any abandoned right-of-way or portion thereof for public road and bridge use to the State Department of Transportation or for any purpose to any county commission in any county or any municipality in which the right-of-way or portion thereof is located.
(Acts 1985, 2nd Ex. Sess., No. 85-937; §10-5-2.1 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-04/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.04 - Condemnation for Rights-of-Way or Easements by Mining, Manufacturing, Industri...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.04 - Condemnation for Rights-of-Way or Easements by Mining, Manufacturing, Industrial, Power, and Quarrying Companies.
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Section 10A-21-2.04
Condemnation for rights-of-way or easements by mining, manufacturing, industrial, power, and quarrying companies.
(a) Every mining, manufacturing, industrial, power, and quarrying corporation or company may acquire by condemnation rights-of-way or easements over or across the lands or easements of others for ways and rights-of-way on or under which it may erect or construct and operate railways, tramways, pipelines, transmission lines, cables, ways, roads, and underground passages not exceeding 100 feet in width for the purpose of connecting any part of its lands, works, plants, mines, lines, or system with any other part thereof, with any public road, railroad, navigable water, with the mines, lands, works, plants, lines, or system of any other such company, corporation, or owner or with any shipping, storage, delivery, receiving, or distributing point and for the purpose of transporting or transmitting any materials, equipment, or products used by or mined, manufactured, produced, acquired, received, sold, delivered, or distributed, or subject to contract for distribution by such corporation or company, and to cut and fell trees on or so near such right-of-way as might, by falling or otherwise, injure or endanger any of the works, lines, machinery, plant, or equipment placed thereon.
(b) The company may acquire by condemnation lands on the bank of or adjoining any navigable waters not exceeding in area 10 acres on which it may erect or construct, maintain, and operate power plants, private or public warehouses, depots, storage plants, tipples, loading and unloading places, hoist and hoist houses, wharves, piers, and landings to be used in connection with its operations or otherwise, and only a reasonable toll or charge, to be approved by the Public Service Commission of Alabama, shall be made for public use thereof.
(c) The right to condemn given in this section shall not include the right to condemn any private residence, nor the outhouses, garden, or orchard within the curtilage of any private residence.
(d) The acquisition of rights-of-way for mining, manufacturing, industrial power, and quarrying purposes as provided in this section is hereby declared to be a public use and necessary to the development of the state. No proceeding for condemnation of rights-of-way for transmission lines, cables, or pipelines authorized in this section shall be instituted until the Alabama Public Service Commission shall have issued a certificate on application, after a public notice not exceeding 30 days as the commission shall prescribe, to the effect that in the opinion of the commission the proposed use would be in furtherance of industrial development by the company or corporation or its privies in this state, the duty and authority being hereby conferred on the commission to hear and set up the application.
(e) Every corporation acquiring a right-of-way by purchase or condemnation for any purpose contemplated in this section shall have the right, where necessary, to cross public roads and lands, and all navigable rivers and streams where necessary for any such use, subject to such reasonable conditions as to the exercise of the right as may be prescribed by any public authority having jurisdiction over same; provided further, that nothing contained in this section shall be held or construed as relieving or exempting any person, firm, or corporation, in fact, engaging in or operating a business as a public utility and otherwise subject to regulation by laws now existing or hereafter enacted, from full subjection to and compliance with all laws or from liability for any fees, licenses, or taxes payable in respect of such utility business.
(Code 1907, §3485; Acts 1915, No. 698, p. 770; Code 1923, §7019; Acts 1932, Ex. Sess., No. 31, p. 24; Code 1940, T. 10, §74; §10-5-3 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-05/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.05 - Condemnation of Ways and Rights-of-Way by Companies Constructing, Operating, o...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.05 - Condemnation of Ways and Rights-of-Way by Companies Constructing, Operating, or Maintaining Internal Improvement or Public Utility.
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Section 10A-21-2.05
Condemnation of ways and rights-of-way by companies constructing, operating, or maintaining internal improvement or public utility.
Street railroad companies, telegraph, telephone, water, gas, electric, power, canal, pipeline companies, and all other companies formed for constructing, operating, or maintaining any work of internal improvement or public utility may acquire by condemnation for a right-of-way for their railways, lines, tunnels, canals, dams, pipelines, excavations, or works, lands for ways and rights-of-way not exceeding 100 feet in width throughout the entire length of such railways, lines, tunnels, canals, dams, pipelines, excavations, or works, together with the right to cut down such trees as might, by falling, injure the same, together with the necessary lands, other than lands for ways and rights-of-way, for the construction or installation of facilities, apparatus, or equipment necessary for the operation of such railways, lines, tunnels, canals, dams, pipelines, excavations, or works.
(Code 1907, §3486; Code 1923, §7020; Code 1940, T. 10, §75; Acts 1973, No. 1063, p. 1777, §2; §10-5-4 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-06/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.06 - Construction Through Curtilage of House, etc., Without Consent Prohibited.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.06 - Construction Through Curtilage of House, etc., Without Consent Prohibited.
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Section 10A-21-2.06
Construction through curtilage of house, etc., without consent prohibited.
Unless otherwise provided by law, no street railroad company or any other corporation, except railroad companies, pipeline companies, and public works companies shall, without the consent of the owner, construct any railway, tramway, canal, tunnel, underground passage, telegraph or telephone line, aqueduct, pipeline, or any other line or works through any yard or curtilage of a dwelling house, garden, stable lot, or barn.
(Code 1907, §3487; Acts 1909, No. 13, p. 19; Code 1923, §7021; Code 1940, T. 10, §76; Acts 1973, No. 1063, p. 1777, §3; §10-5-5 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-07/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.07 - Condemnation of Water Sources, Riparian Rights and Necessary Lands by Waterwor...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.07 - Condemnation of Water Sources, Riparian Rights and Necessary Lands by Waterworks Corporation.
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Section 10A-21-2.07
Condemnation of water sources, riparian rights and necessary lands by waterworks corporation.
(a) Corporations authorized to construct and operate waterworks for the supplying of municipalities and their inhabitants, or others living or doing business in the vicinity of them, with water shall have the power, in order to obtain a supply of water for their storage ponds, reservoirs, pipes, and canals, to take over and use, after condemning the same, water of any river, stream, spring, or other water source which may be necessary for them to use for that purpose. They may also acquire by condemnation riparian rights and all lands adjacent to such streams or water sources as shall be necessary to protect and preserve the purity of such supply; and they shall also have the power to condemn rights-of-way and sites of any necessary area for pipelines, ditches, canals, dams, storage ponds, reservoirs, and other necessary purposes for the operation of their waterworks and the collection and distribution of the water supply. For this purpose, the companies may institute ad quod damnum proceedings against the riparian landowners or owner along such river or stream or of other sources, or the owner of any lands, wherever located, desired to be used for any of the purposes above mentioned, in the probate court of the county in which the land on or over which the easements sought to be condemned are situated in accordance with the general laws of this state providing for the condemnation of lands for public purposes.
(b) The power of condemnation given in this section shall include the right to condemn, wherever necessary for any of the purposes hereinbefore mentioned, any yard or curtilage of a dwelling house, garden, stable, lot, or barn, or so much thereof as may be necessary.
(c) Whenever the ownership of the mineral interest in lands has been severed from the ownership of the surface and the mining of the minerals would endanger any proposed canal, storage pond, or reservoir, a water company may institute ad quod damnum proceedings against the owner, or owners, of the minerals situated under the proposed canals, reservoir or storage ponds in the probate court of the county in which the lands are situated in accordance with the general laws of the state, condemning the mineral interests or so much thereof as may be required for the support of the surface where the canal, reservoir, or storage pond is to be located.
(d) In proceedings to condemn under this section, any number of, or all, the riparian proprietors or other owners along the river, stream, or other water source in the same county may be joined in one proceeding or be proceeded against separately.
(e) No right-of-way shall be granted over the streets, avenues, alleys, or public grounds of any municipal corporation without first obtaining the consent of the municipal authorities thereto.
(f) No corporation shall have the right to condemn the water of any stream, spring, or other water source which is the property of another water company supplying with water a municipal corporation or the inhabitants thereof.
(Code 1907, §§3488-3491; Acts 1909, No. 59, p. 60; Code 1923, §§7022-7025; Code 1940, T. 10, §§77-80; §10-5-6 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-08/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.08 - Condemnation of Lands for Depots, Yards, and Tracks by Railroads.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.08 - Condemnation of Lands for Depots, Yards, and Tracks by Railroads.
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Section 10A-21-2.08
Condemnation of lands for depots, yards, and tracks by railroads.
Railroads or railroad companies operating in this state may acquire by condemnation proceedings, in the mode prescribed by law, lands for depots, freight yards, and team tracks; but no condemnation proceeding shall be begun for either of those purposes until an application for permission to bring the condemnation proceeding has first been submitted to, and the same approved by, the Public Service Commission of Alabama. Should the lands not be used for the purposes of condemnation within one year from the date of their condemnation or should the lands be abandoned for the use condemned or be used for purposes not authorized by the condemnation, the same shall revert to the owner or owners or his, her, or their heirs.
(Code 1907, §3492; Code 1923, §7026; Code 1940, T. 10, §81; §10-5-7 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-09/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.09 - Rights of Condemning Corporations in Selection of Routes and Sites.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.09 - Rights of Condemning Corporations in Selection of Routes and Sites.
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Section 10A-21-2.09
Rights of condemning corporations in selection of routes and sites.
Railroads, street railroads, mining, manufacturing, power, quarrying, telegraph, telephone, pipeline, and other corporations having rights and powers to condemn:
(1) May cause such examinations and surveys for their proposed railroads, pipelines, lines, facilities, apparatus, or equipment as may be necessary to the selection of the most advantageous routes and sites; and for such purpose, may, by their officers, agents, and servants, enter upon the lands and waters of any person, subject to liability for all damages done thereto;
(2) May, in the construction of their lines or sites, cross navigable streams, but must not impede the navigation thereof;
(3) May use, cross, or change public roads, when necessary, in the construction of their railways, switches, branches, lines, pipelines, facilities, apparatus, equipment, or buildings, but must place the public road so crossed, used, or changed in condition satisfactory to the county authorities having the control thereof and, where practicable, the railroads must go over, or under, the public roadway or railroad track; and
(4) May cross or intersect with any other railroad or street railway and, if the crossing or intersection cannot be made by contract or agreement, may acquire the rights thereto by condemnation in the mode provided by law.
(Code 1907, §3493; Code 1923, §7027; Code 1940, T. 10, §82; Acts 1973, No. 1063, p. 1777, §4; §10-5-8 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.10 - Operation of Transportation Methods for Persons or Property by Railroad, Minin...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.10 - Operation of Transportation Methods for Persons or Property by Railroad, Mining, Manufacturing, and Quarrying Companies.
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Section 10A-21-2.10
Operation of transportation methods for persons or property by railroad, mining, manufacturing, and quarrying companies.
Railroad companies and mining, manufacturing, and quarrying companies may contract, purchase, or otherwise acquire, own, operate, and maintain steamboats, barges, ships, and other vessels for transportation of freight and passengers on the navigable waters of this state, any other state or foreign country and on the seas. Railroad companies may purchase or otherwise acquire, own, maintain, and operate motor vehicles for the transportation of persons or property, or both, upon the highways of this state; they may purchase or otherwise acquire, own, maintain, and operate airplanes for the transportation of persons or property, or both, in the air; they may purchase, lease, or otherwise acquire and own the property, rights, and franchises of any individual, firm, partnership, or other association of persons, or corporation, engaged in the transportation of persons or property, or both, by motor vehicle on the highways or by airplanes in the air, and they may subscribe to, acquire, and own the capital stock of any such corporation and may enter into any agreement or arrangement, not inconsistent with law, with any individual, firm, partnership, or other association of persons, or corporation, engaged in, or authorized to engage in, any of the methods of transportation; provided, however, that any railroad companies exercising in this state the powers granted in this section shall, in their operation of motor vehicles, be subject to all the laws of this state applicable to or authorizing, regulating, and governing motor carriers and their business or prescribing the condition under which operators of motor vehicles may operate vehicles on the highways of this state. All railroad companies organized under the laws of other states, but authorized to do business in this state, may exercise in this state the powers hereinabove granted, subject, however, to the limitations hereinabove set forth; provided, that before operating any motor vehicles upon the highways of this state, railroad companies must procure a certificate of convenience and necessity covering the operations.
(Code 1907, §3494; Code 1923, §7028; Acts 1939, No. 646, p. 1019, §1; Code 1940, T. 10, §83; §10-5-9 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.11 - Conveyance of Franchises, Rights, Roadbed, and Property to Another Railroad Co...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.11 - Conveyance of Franchises, Rights, Roadbed, and Property to Another Railroad Corporation.
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Section 10A-21-2.11
Conveyance of franchises, rights, roadbed, and property to another railroad corporation.
Whenever all the capital stock of a railroad corporation formed under this title is owned by a railroad corporation chartered under the laws of this state or another state, the corporation may sell and convey to the corporation owning its stock all its franchises, rights, roadbed, and property; but the purchasing company, if a foreign corporation, shall keep an office in this state and an agent thereat, service of process upon the agent shall be service upon the purchasing company. The railroad so purchased shall be in all respects subject to the laws of this state as if owned by a domestic corporation, and all liens and rights of creditors shall be preserved unimpaired.
(Code 1907, §3495; Code 1923, §7029; Code 1940, T. 10, §84; §10-5-10 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.12 - Aiding of Another Corporation in Railroad Construction or Entering Into Line A...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.12 - Aiding of Another Corporation in Railroad Construction or Entering Into Line Arrangements.
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Section 10A-21-2.12
Aiding of another corporation in railroad construction or entering into line arrangements.
(a) Any railroad corporation and any mining, manufacturing, or quarrying corporation may, at any time, by means of subscription to the capital stock of any other corporation or company or otherwise, aid the corporation or company in the construction of its railroad for the purpose of forming a connection with the railroad or the principal place of business or works of the corporation furnishing the aid.
(b) Any corporation may purchase at judicial sale, or otherwise hold and use or lease any part or all of the railroad constructed by another corporation or company, together with its franchises, rights, and property, or may acquire, hold, and use all or any part of the capital stock of another corporation chartered under the laws of this state or any other state, if the railroad or railroads so purchased connect with, or will, when completed, connect with the railroad works, factory, or plant of the purchasing or leasing corporation, either directly or by means of an intervening line; or any two or more companies whose lines are or will be so connected may enter into any arrangement for their common benefit, consistent with and calculated to promote the objects for which they were created.
(c) No aid shall be furnished nor any purchase, lease, or arrangement perfected as mentioned in this section until a meeting of the stockholders of each of the corporations has been called by the directors thereof, at such time and place and in such manner as they shall designate, and the holders of the larger amount in value of the stock of each of the corporations represented, by voting at a meeting in person or by proxy, shall have assented thereto and copies of the proceedings of the meetings certified by the president, or other managing head of the corporations, under the corporate seal shall be filed in the office of the Secretary of State.
(Code 1907, §§3496-3498; Code 1923, §§7030-7032; Code 1940, T. 10, §§85-87; §10-5-11 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.13 - Operation of Railroads or Canals Without State and Making Extensions Within St...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.13 - Operation of Railroads or Canals Without State and Making Extensions Within State by Railroad, Mining, Manufacturing, and Quarrying Companies.
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Section 10A-21-2.13
Operation of railroads or canals without state and making extensions within state by railroad, mining, manufacturing, and quarrying companies.
Railroads, mining, manufacturing, and quarrying companies may purchase, lease, or acquire in any other manner, hold and operate a railroad or railroads or canals without this state for the purpose of making extensions or connections, and within this state may extend their roads or may construct and operate branch roads from any point or points on their lines and may also construct and operate second tracks, roads, or branch roads connecting any two points on their lines. The purchase must be made by resolution of the board of directors, which must be submitted to a meeting of the stockholders, called for the purpose of its consideration; at the meeting the resolution must be approved by the vote of holders of the larger amount in value of the stock, and if the resolution is so approved, a copy thereof and of the proceedings of the meeting of the stockholders, certified by the president and the secretary under the corporate seal, must be filed and recorded in the office of the Secretary of State. The extension or construction of the branch and second tracks or roads must be made by resolution of the board of directors, to be entered in the record of the proceedings of the corporation, designating the point from which and the point to which the extension or second tracks or roads, or branch roads, are to be constructed. A copy of the resolution, certified by the president and secretary under the corporate seal, must be filed in the office of the Secretary of State; and thereafter, for the purpose of making the extension or building the branch and second tracks or roads, the corporation shall have all the rights, powers, and immunities which are now or may hereafter, by the laws of this state, be granted to and vested in railroad corporations under and by virtue of the general corporation laws of this state.
(Code 1907, §3499; Acts 1911, No. 324, p. 576; Code 1923, §7033; Code 1940, T. 10, §88; §10-5-12 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.14 - Construction and Operation of Connections to Public Ways by Mining, Manufactur...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.14 - Construction and Operation of Connections to Public Ways by Mining, Manufacturing, and Quarrying Corporations.
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Section 10A-21-2.14
Construction and operation of connections to public ways by mining, manufacturing, and quarrying corporations.
Mining, manufacturing, and quarrying corporations may construct and operate to, and from, their mines, furnaces, mills, factories, quarries, or other works, railways, tramways, canals, tunnels, underground passages, or roads whereby connections may be made to, and from, their principal places of business, mines, furnaces, mills, quarries, or other works and any public highways, turnpike, macadamized, plank, or other graded road, railroad, or navigable waters, or to or with their mines, ore beds, coking, or cooling grounds, timberlands, canals, or aqueducts to or from their mills, factories, furnaces, quarries, other works, or any water or watercourses, and may transport as common carriers freight and passengers on any railroad, other roads, canals, or aqueducts constructed or purchased by them, taking reasonable compensation therefor.
(Code 1907, §3500; Code 1923, §7034; Code 1940, T. 10, §89; §10-5-13 amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-2/section-10a-21-2-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 2 - Corporate Powers of Eminent Domain.›Section 10A-21-2.15 - Contracting With Local Authorities on Use of Public Roads and Places by Intern...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 2 - Corporate Powers of Eminent Domain. › Section 10A-21-2.15 - Contracting With Local Authorities on Use of Public Roads and Places by Internal Improvement and Public Utility Corporations.
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Section 10A-21-2.15
Contracting with local authorities on use of public roads and places by internal improvement and public utility corporations.
Street railway, gas, electric, and water companies and all other corporations, except railroads, formed for the purpose of constructing, operating, or maintaining any works of internal improvement or public utility in any county or municipal corporation may contract with the authorities of the county or municipal corporation in reference to the use of the streets, public roads, and other public places therein the manner of constructing and operating their lines or works, the public service they are to render, and the compensation they are to receive for the carriage of persons and property, for water, gas, electric light and power, or for any other commodity to be supplied or service rendered to the county or municipal corporation and the inhabitants thereof, which contract may be altered by mutual consent; but nothing in this section shall prevent any cities or towns from regulating, from time to time, the use of the streets and public places or requiring a change in the construction of the lines and works of the corporations, if necessary, whenever the public good or convenience requires.
(Code 1907, §3501; Code 1923, §7035; Code 1940, T. 10, §90; §10-5-14; amended and renumbered by Act 2009-513, p. 967, §358.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-3/section-10a-21-3-01/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 3 - Prosecutions of Corporations.›Section 10A-21-3.01 - Docketing and Issuance of Notice of Indictment.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 3 - Prosecutions of Corporations. › Section 10A-21-3.01 - Docketing and Issuance of Notice of Indictment.
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Section 10A-21-3.01
Docketing and issuance of notice of indictment.
When an indictment is returned against a corporation doing business in this state, such indictment shall be forthwith docketed, and the clerk of the court shall issue a notice thereof to the defendant corporation, accompanied by a certified copy of the indictment.
(Code 1896, §5316; Code 1907, §6624; Code 1923, §3727; Code 1940, T. 10, §199; §10-7-1; amended and renumbered by Act 2009-513, p. 967, §360.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-3/section-10a-21-3-02/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 3 - Prosecutions of Corporations.›Section 10A-21-3.02 - Service of Notice and Copy; When Case Stands for Trial.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 3 - Prosecutions of Corporations. › Section 10A-21-3.02 - Service of Notice and Copy; When Case Stands for Trial.
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Section 10A-21-3.02
Service of notice and copy; when case stands for trial.
Such notice and copy may be served upon any officer or agent of the defendant corporation authorized by law to receive service of summons or other civil process issuing against such corporation, and upon the return of the sheriff showing proper service, the indictment stands for trial.
(Code 1896, §5317; Code 1907, §6625; Code 1923, §3728; Code 1940, T. 10, §200; §10-7-2; amended and renumbered by Act 2009-513, p. 967, §360.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-3/section-10a-21-3-03/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 3 - Prosecutions of Corporations.›Section 10A-21-3.03 - Entry of Not Guilty Plea for Corporation Failing to Appear, Etc.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 3 - Prosecutions of Corporations. › Section 10A-21-3.03 - Entry of Not Guilty Plea for Corporation Failing to Appear, Etc.
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Section 10A-21-3.03
Entry of not guilty plea for corporation failing to appear, etc.
If the defendant corporation fails to appear and plead to the indictment, the court must cause the plea of not guilty to be entered for it, and the trial shall proceed as if the corporation had appeared and pleaded not guilty; but, in such case, proof must be made to the court that the person upon whom the notice and copy of the indictment were served was an officer or agent of the corporation authorized by law to receive such service.
(Code 1896, §5318; Code 1907, §6626; Code 1923, §3729; Code 1940, T. 10, §201; §10-7-3; amended and renumbered by Act 2009-513, p. 967, §360.)
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https://law.justia.com/codes/alabama/title-10a/chapter-21/article-3/section-10a-21-3-04/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 21 - Certain Powers, Rights, and Duties of Corporations.›Article 3 - Prosecutions of Corporations.›Section 10A-21-3.04 - Execution on Judgment; Stay Thereof.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 21 - Certain Powers, Rights, and Duties of Corporations. › Article 3 - Prosecutions of Corporations. › Section 10A-21-3.04 - Execution on Judgment; Stay Thereof.
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Section 10A-21-3.04
Execution on judgment; stay thereof.
Upon the conviction of such corporation, judgment shall be entered against it for the fine imposed, together with the costs of the prosecution, and execution thereon shall forthwith issue against the property of the corporation; and other executions may issue thereon until the judgment is satisfied. But in case of appeal from such judgment, the execution thereof may be stayed as in civil cases.
(Code 1896, §5319; Code 1907, §6627; Code 1923, §3730; Code 1940, T. 10, §202; §10-7-4; amended and renumbered by Act 2009-513, p. 967, §360.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-01/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.01 - Definitions; Applicable to Professional Associations Formed Prior to January 1...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.01 - Definitions; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.01
Definitions; applicable to professional associations formed prior to January 1, 1984.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) PROFESSIONAL ASSOCIATION. An unincorporated association organized under this article for the purpose of rendering professional service.
(2) PROFESSIONAL SERVICE. Any type of professional service which may be legally performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws.
(Acts 1961, No. 865, p. 1349, §1; §10-10-1; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-02/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.02 - Laws Governing - Generally; Applicability of Article to Professional Associati...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.02 - Laws Governing - Generally; Applicability of Article to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.02
Laws governing - Generally; applicability of article to professional associations formed prior to January 1, 1984.
(a) Professional associations organized pursuant to this article shall be governed generally by all laws governing or applicable to corporations, where applicable, and not in conflict herewith. No such association shall be held or deemed to be a partnership, nor shall such association be governed by laws relating to partnerships.
(b) This chapter shall apply only to professional associations organized hereunder before January 1, 1984.
(Acts 1961, No. 865, p. 1349, §16; Acts 1983, No. 83-514, §30; §10-10-2; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-03/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.03 - Laws Governing - Actions; Applicable to Professional Associations Formed Prior...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.03 - Laws Governing - Actions; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.03
Laws governing - Actions; applicable to professional associations formed prior to January 1, 1984.
Actions by and against a professional association organized pursuant to this article shall be governed by Article 7 of Chapter 7 of Title 6.
(Acts 1961, No. 865, p. 1349, §15; §10-10-3; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-04/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.04 - Formation; Restriction on Service Rendered; Applicable to Professional Associa...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.04 - Formation; Restriction on Service Rendered; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.04
Formation; restriction on service rendered; applicable to professional associations formed prior to January 1, 1984.
Prior to January 1, 1984, one or more persons duly licensed to practice a profession under the laws of this state may form a professional association, as distinguished from a partnership or corporation, for the purpose of carrying on a profession upon compliance with the terms of this article; provided, that no professional association organized pursuant to the provisions of this article shall render professional service in more than one type of professional service.
(Acts 1961, No. 865, p. 1349, §2; Acts 1971, No. 184, p. 479; §10-10-4; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-05/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.05 - Certificate of Formation; Name of Association; Dissolution; Applicable to Prof...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.05 - Certificate of Formation; Name of Association; Dissolution; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.05
Certificate of formation; name of association; dissolution; applicable to professional associations formed prior to January 1, 1984.
Prior to January 1, 1984, person or persons may form a professional association by executing and recording the certificate of formation in the office of the judge of probate of the county in which the principal office of the association is located, and must be by the judge recorded in a book kept for that purpose. After recording the certificate of formation, the judge of probate shall endorse thereon a certificate of registration, showing the book and page where recorded, and for services for recording the certificate shall receive fifteen cents ($.15) for each 100 words of the certificate of formation and two dollars fifty cents ($2.50) for examining the certificate of formation.
The person or persons forming the association shall adopt such name for the association as they in their discretion may determine, provided that the name selected shall be followed by the words "Professional Association" or the abbreviation "P.A." Any dentist or dentists forming the association shall be governed by the rules of the regulating board of their profession in adopting a name for the association.
The certificate of formation may contain any provisions not in violation of law or the public policy of this state as the members of the association may decide.
The certificate of formation may be amended or dissolved at any time and from time to time by agreement of two thirds of the members at any regular meeting or at a special meeting called for that purpose, upon likewise recording an amendment or instrument of dissolution in the same place or places as the original certificate of formation.
(Acts 1961, No. 865, p. 1349, §3; Acts 1971, No. 184, p. 479; §10-10-5; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-06/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.06 - Purposes; Applicable to Professional Associations Formed Prior to January 1, 1...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.06 - Purposes; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.06
Purposes; applicable to professional associations formed prior to January 1, 1984.
A professional association may be organized only for the purpose of rendering one specific kind of professional service and shall not engage in any business other than rendering the professional service for which it was organized. However, it may invest its funds in real estate, mortgages, stocks, bonds, or any other type of investment and may own real or personal property necessary or appropriate for rendering professional service.
(Acts 1961, No. 865, p. 1349, §4; §10-10-6; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-07/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.07 - Stock and Nonstock Associations; Nature and Transferability of Members' Intere...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.07 - Stock and Nonstock Associations; Nature and Transferability of Members' Interests; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.07
Stock and nonstock associations; nature and transferability of members' interests; applicable to professional associations formed prior to January 1, 1984.
A professional association organized pursuant to this article may issue stock or certificates of evidence of ownership of an interest in the assets of the professional association to the members of a stock-type association, or the association may be a nonstock organization with the members owning no individual interest in the assets of the association but with the rights and duties specified in the certificate of formation, or the association may be a nonstock organization with the members owning undivided interests in the assets of the association according to the certificate of formation. The stock or certificates of ownership, if a stock-type association, or a membership in a nonstock association, shall be freely transferable, except as may be lawfully restricted in the certificate of formation. A professional association may issue its capital stock to, if it is a stock-type association, or accept as members of the professional association, if a nonstock association, only persons who are duly licensed or otherwise legally authorized to render the same professional service as that for which the professional association was organized. Subject to the provisions of the certificate of formation, the estate of a member or shareholder who was a person duly licensed or otherwise legally authorized to render the same professional service as that for which the professional association was organized may continue to hold stock or membership pursuant to the certificate of formation for a reasonable period of administration of the estate, but shall not be authorized to participate in any decisions concerning the rendering of professional service.
(Acts 1961, No. 865, p. 1349, §9; §10-10-7; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-08/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.08 - Board of Governors; Officers; Bylaws; Voting by Members or Shareholders; Appli...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.08 - Board of Governors; Officers; Bylaws; Voting by Members or Shareholders; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.08
Board of governors; officers; bylaws; voting by members or shareholders; applicable to professional associations formed prior to January 1, 1984.
A professional association organized pursuant to this article shall be governed by a board of governors elected by the members or shareholders and represented by officers elected by the board of governors, so that centralization of management will be assured, and no member shall have the power to bind the association within the scope of the association's business or profession merely by virtue of being a member or shareholder of the association. Members of the board of governors need not be members or shareholders of the professional association and officers need not be members of the board of governors; except, that the president shall be a member of the board of governors; provided, that no officer or member of the board of governors who is not duly licensed to practice the profession for which the professional association was organized shall participate in any decisions constituting the practice of the profession. The members may adopt bylaws as they may deem proper, or the power to promulgate bylaws of the association may be delegated by the certificate of formation to the board of governors of the professional association, as the members or shareholders may decide. Each member or shareholder shall have the power to cast a vote or votes at the meeting of the members or shareholders as the certificate of formation shall provide. The officers of the professional association may employ agents or employees of the association as they may deem advisable subject to Section 10A-30-1.12. The officers of the association shall include a president, vice-president, secretary, treasurer, and other officers as the board of governors may determine. Any one person may serve in more than one office; provided, that the president and the secretary of the professional association shall not be the same person.
(Acts 1961, No. 865, p. 1349, §7; §10-10-8; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-09/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.09 - Powers; Conveyances; Exemption From Liability; Applicable to Professional Asso...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.09 - Powers; Conveyances; Exemption From Liability; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.09
Powers; conveyances; exemption from liability; applicable to professional associations formed prior to January 1, 1984.
A professional association organized pursuant to the provisions of this article may contract in its own name, take, hold, and sell real and personal property in its own name, independent of its members, and sue and be sued as independent entities as now provided by law. Any conveyance in the name of the professional association to a third person executed by the president and attested by the secretary shall be conclusively presumed to be properly executed and shall divest all right, title, and interest of the professional association, its members, and the board of governors thereof. The assets of a professional association shall not be liable to attachment for the individual debts of its members or shareholders.
(Acts 1961, No. 865, p. 1349, §14; §10-10-9; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.10 - Furnishing of Statements to Secretary of State; Applicable to Professional Ass...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.10 - Furnishing of Statements to Secretary of State; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.10
Furnishing of statements to Secretary of State; applicable to professional associations formed prior to January 1, 1984.
A professional association shall, within 30 days after the organization of the professional association pursuant to this article and within 30 days after November 1 of each year thereafter, furnish a statement to the Secretary of State showing the names and post office addresses of all members or shareholders in the professional association and shall certify that all members or shareholders are duly licensed or otherwise legally authorized to render professional service in this state. This report shall be made on such forms and shall be prescribed and furnished upon request by the Secretary of State, shall be signed by the president or vice-president of the professional association and acknowledged and sworn to before a notary public by the person signing the report and shall be filed in the office of the Secretary of State. Upon the failure or refusal of any professional association to make the return or report to the Secretary of State, the professional association shall be liable for a penalty of fifty dollars ($50), and the Secretary of State is authorized to issue his or her execution therefor, including all costs incurred.
(Acts 1961, No. 865, p. 1349, §12; Acts 1989, Ex. Sess., No. 89-1005, p. 49, §1; §10-10-10; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.11 - Effect of Article on Professional Relationships; Liability of Members or Share...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.11 - Effect of Article on Professional Relationships; Liability of Members or Shareholders; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.11
Effect of article on professional relationships; liability of members or shareholders; applicable to professional associations formed prior to January 1, 1984.
This article does not modify any law applicable to the relationship between a person furnishing professional services and a person receiving the service, including liability for tort arising out of such professional service and including the confidential relationship between the person rendering the professional service and the person receiving such professional service, if any; and all confidential relationships previously enjoyed under the laws of this state or hereinafter enacted shall remain inviolate. Subject to the foregoing provisions of this section, the members or shareholders of any professional association organized pursuant to this article shall not be individually liable for the debts of, or claims against, the professional association unless such member or shareholder has personally participated in the transaction for which the debt or claim is made or out of which it arises.
(Acts 1961, No. 865, p. 1349, §6; §10-10-11; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.12 - Professional Services to Be Rendered Only Through Licensed Officers or Employe...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.12 - Professional Services to Be Rendered Only Through Licensed Officers or Employees; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.12
Professional services to be rendered only through licensed officers or employees; applicable to professional associations formed prior to January 1, 1984.
A professional association may render professional services only through officers, employees, and agents who are themselves duly licensed or otherwise legally authorized to render professional service within this state. The term "employee," as used in this section, does not include clerks, bookkeepers, technicians, nurses, or other individuals who are not usually or ordinarily considered by custom and practice to be rendering professional services for which a license or other legal authorization is required in connection with the profession practiced by a particular professional association, nor does the term "employee" include any other person who performs all his or her employment under the direct supervision and control of an officer, agent, or employee who is himself or herself rendering professional service to the public on behalf of the professional association; provided, that no person shall under the guise of employment practice a profession unless duly licensed to practice that profession under the laws of this state.
(Acts 1961, No. 865, p. 1349, §5; §10-10-12; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.13 - Withdrawal of Members and Employees Becoming Disqualified to Practice; Proceed...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.13 - Withdrawal of Members and Employees Becoming Disqualified to Practice; Proceedings to Dissolve Noncomplying Association; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.13
Withdrawal of members and employees becoming disqualified to practice; proceedings to dissolve noncomplying association; applicable to professional associations formed prior to January 1, 1984.
If any member, shareholder, agent, or employee of a professional association becomes legally disqualified to render a professional service within the state or accepts employment or is elected to a public office that, pursuant to existing law, is a restriction or limitation upon rendering of professional service, he or she shall sever all employment with, or financial interest in, such professional association forthwith. A professional association's failure to comply or require compliance with this section shall be a ground for the forfeiture of its right to render professional service as a professional association pursuant to this article. When a professional association's failure to comply with this section is brought to the attention of the Secretary of State, the Secretary of State shall certify that fact to the Attorney General for appropriate action to dissolve the professional association.
(Acts 1961, No. 865, p. 1349, §10; §10-10-13; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.14 - Purchase of Membership or Shares of Former Member or Shareholder; Applicable t...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.14 - Purchase of Membership or Shares of Former Member or Shareholder; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.14
Purchase of membership or shares of former member or shareholder; applicable to professional associations formed prior to January 1, 1984.
If the governing documents of a professional association fail to fix a price at which a professional association or its members or shareholders may purchase the membership or shares of a deceased, retired, expelled, or disqualified member or shareholder and if the governing documents do not otherwise provide, then the price for such share or shares or membership shall be the book value of such share or shares or membership at the end of the month immediately preceding the death or disqualification of the member or shareholder. Book value shall be determined by an independent certified accountant employed for such purpose from the books and records of the professional association by the regular method of accounting employed by the professional association. The determination by the certified public accountant of book value shall be conclusive on the professional association and its members or shareholders.
(Acts 1961, No. 865, p. 1349, §11; §10-10-14; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.15 - Continuity of Association Independent of Members or Shareholders; Applicable t...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.15 - Continuity of Association Independent of Members or Shareholders; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.15
Continuity of association independent of members or shareholders; applicable to professional associations formed prior to January 1, 1984.
Unless the certificate of formation expressly provide otherwise, a professional association shall continue as a separate entity independent of its members or shareholders for all purposes for such period of time as provided in the certificate of formation or until dissolved by a vote of two thirds of the members, and shall continue notwithstanding the death, insanity, incompetency, conviction for felony, resignation, withdrawal, transfer of membership or ownership of shares, retirement, or expulsion of any one or more of the members or shareholders, the admission or transfer of membership or shares to any new member, members, shareholder, or shareholders or the happening of any other event which, under the law of this state and under like circumstances, would work a dissolution of the partnership, it being the aim and intention of this section that such professional association shall have continuity of life independent of the life or status of its members or shareholders.
(Acts 1961, No. 865, p. 1349, §8; Acts 1971, No. 184, p. 479; §10-10-15; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-1/section-10a-30-1-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 1 - Unincorporated Professional Associations.›Section 10A-30-1.16 - Distribution of Assets on Dissolution; Applicable to Professional Associations...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 1 - Unincorporated Professional Associations. › Section 10A-30-1.16 - Distribution of Assets on Dissolution; Applicable to Professional Associations Formed Prior to January 1, 1984.
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Section 10A-30-1.16
Distribution of assets on dissolution; applicable to professional associations formed prior to January 1, 1984.
In the event of dissolution of a stock-type professional association, the board of governors, as trustees of the property of such professional association, shall apply the assets first to the payment of debts of the association and, secondly, to the holders of the stock as provided in the certificate of formation. In the event of dissolution of a nonstock-type association, the assets shall be distributed, or sold, and the net proceeds distributed first to the payment of debts of the association and, secondly, to or among the members of the association, as the certificate of formation shall provide.
(Acts 1961, No. 865, p. 1349, §13; §10-10-16; amended and renumbered by Act 2009-513, p. 967, §370.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-01/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.01 - Article Applicable to Close Corporations; Applicability of Chapter.
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.01 - Article Applicable to Close Corporations; Applicability of Chapter.
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Section 10A-30-2.01
Article applicable to close corporations; applicability of chapter.
(a) This article applies to all close corporations, as defined in Section 10A-30-2.02.
(b) All provisions of this article shall be applicable to all close corporations as defined in Section 10A-30-2.02 except insofar as this article otherwise provides.
(c) Neither election to become, nor operation as, a close corporation shall deprive any shareholder of such corporation of the limitation of liability provided under the Alabama Business Corporation Law.
(d) This chapter shall apply only to close corporations formed in accordance with Section 10A-30-2.03 before January 1, 1995, or electing to become a close corporation pursuant to Section 10A-30-2.04 before January 1, 1995, and which has not voluntarily terminated its status as a close corporation or otherwise ceased to be a close corporation to which the provisions of this article apply before January 1, 1995.
(Acts 1980, No. 80-633, p. 1094, §161; Acts 1994, No. 94-245, p. 457, §4; §10-2A-300; amended and renumbered by Act 2009-513, p. 967, §372; Act 2019-94, §2.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-02/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.02 - "Close Corporation" Defined; Contents of Certificate of Formation; Number of S...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.02 - "Close Corporation" Defined; Contents of Certificate of Formation; Number of Shareholders; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.02
"Close corporation" defined; contents of certificate of formation; number of shareholders; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
(a) A close corporation is a corporation organized under former Chapter 2A of former Title 10 whose certificate of formation contains the provisions required by former Section 10-2A-91 or a successor statute, including Section 10A-2-2.02 and, in addition, provide that:
(1) The corporation is a close corporation authorized by this article;
(2) All of the issued shares of all classes shall be subject to one or more of the restrictions on transfer permitted by former Section 10-2A-41 or a successor statute, including Section 10A-2-6.27; and
(3) For purposes of determining the number of holders of record of the stock of a close corporation, stock which is held in joint or common tenancy or by the entireties shall be treated as held by one shareholder.
(b) The certificate of formation of a close corporation may set forth the qualifications of shareholders, either by specifying classes of persons who shall be entitled to be holders of record of shares of any class, or by specifying classes of persons who shall not be entitled to be holders of shares of any class or both.
(c) All of the corporation's issued shares of all classes, exclusive of treasury shares, shall be held of record by not more than a specified number of persons, not exceeding 30.
(Acts 1980, No. 80-633, p. 1094, §162; §10-2A-301; amended and renumbered by Act 2009-513, p. 967, §372.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-03/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.03 - Formation of a Close Corporation; Applicable to Corporations Formed as Close C...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.03 - Formation of a Close Corporation; Applicable to Corporations Formed as Close Corporations Before January 1, 1995.
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Section 10A-30-2.03
Formation of a close corporation; applicable to corporations formed as close corporations before January 1, 1995.
A close corporation which was formed in accordance with former Sections 10-2A-90 through 10-2A-96 must have been authorized by the affirmative vote of all holders of and subscribers to shares of the corporation, and:
(1) The certificate of formation contains a heading stating the name of the corporation and that it is a close corporation; and
(2) The certificate of formation contains the provisions required by Section 10A-30-2.02; and
(3) Each certificate for shares conspicuously notes the fact that the corporation is a close corporation and make reference to the restriction on transfer of shares set forth in the certificate of formation.
(Acts 1980, No. 80-633, p. 1094, §163; §10-2A-302; amended and renumbered by Act 2009-513, p. 967, §372; Act 2019-94, §2.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-04/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.04 - Voluntary Termination of Close Corporation Status by Amendment of Certificate...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.04 - Voluntary Termination of Close Corporation Status by Amendment of Certificate of Formation; Vote Required; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.04
Voluntary termination of close corporation status by amendment of certificate of formation; vote required; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
(a) A corporation may voluntarily terminate its status as a close corporation and cease to be subject to this article by amending its certificate of formation to delete therefrom the additional provisions required or permitted by Section 10A-30-2.02 to be stated in the certificate of formation of close corporations except such provisions as are permitted by the Alabama Business Corporation Law which the corporation chooses to retain. Any such amendment shall be adopted and shall become effective in accordance with the Alabama Business Corporation Law, except that it must be approved by a vote of the holders of record of at least one-third of the shares of each class of stock of the corporation which are outstanding.
(b) The certificate of formation of a close corporation may provide that on any amendment to terminate its status as a close corporation, a vote greater than one-third or a vote of all shares of any class shall be required; and if the certificate of incorporation contains such a provision, that provision shall not be amended, repealed, or modified by any vote less than that required to terminate the corporation's status as a close corporation.
(Acts 1980, No. 80-633, p. 1094, §165; §10-2A-304; amended and renumbered by Act 2009-513, p. 967, §374; Act 2019-94, §2.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-05/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.05 - Issuance or Transfer of Shares of a Close Corporation in Breach of Qualifying...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.05 - Issuance or Transfer of Shares of a Close Corporation in Breach of Qualifying Conditions; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.05
Issuance or transfer of shares of a close corporation in breach of qualifying conditions; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
(a) If shares of a close corporation are issued or transferred to any person who is not entitled under any provision of the certificate of formation permitted by Section 10A-30-2.02 to be a holder of record of shares of the corporation, and if the certificate for shares conspicuously notes the qualifications of the persons entitled to be holders of record thereof, such person is conclusively presumed to have notice of the fact of his or her ineligibility to be a shareholder.
(b) If a certificate for shares of any close corporation conspicuously notes the fact of a restriction on transfer of shares of the corporation and the restriction is one which is permitted by the Alabama Business Corporation Law, the transferee of the shares is conclusively presumed to have notice of the fact that he or she has acquired shares in violation of the restriction, if such acquisition violates the restriction.
(c) Whenever any person to whom shares of a close corporation have been issued or transferred has, or is conclusively presumed under this section to have notice either that he or she is a person not eligible to be a holder of shares of the corporation, or that the transfer of shares is in violation of a restriction on transfer of shares, the corporation may, at its option, refuse to register transfer of the shares into the name of the transferee in addition to any remedies which may be available under the Alabama Business Corporation Law.
(d) The provisions of subsection (c) shall not be applicable if the transfer of shares even though otherwise contrary to subsections (a) or (b), has been consented to by all the shareholders of the close corporation, or if the close corporation has amended its certificate of formation in accordance with Section 10A-30-2.04.
(e) The term "transfer," as used in this section, is not limited to a transfer for value.
(f) The provisions of this section do not in any way impair any rights of a transferee regarding any right to rescind the transaction or to recover under any applicable warranty express or implied.
(Acts 1980, No. 80-633, p. 1094, §166; §10-2A-305; amended and renumbered by Act 2009-513, p. 967, §374; Act 2019-94, §2.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-06/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.06 - Corporate Option Where a Restriction on Transfer of Shares Is Held Invalid; Ap...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.06 - Corporate Option Where a Restriction on Transfer of Shares Is Held Invalid; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.06
Corporate option where a restriction on transfer of shares is held invalid; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
If a restriction on transfer of shares of a close corporation is held not to be authorized by the Alabama Business Corporation Law, the corporation shall nevertheless have an option for a period of 30 days after the judgment setting aside the restriction becomes final, to acquire the restricted shares at a price which is agreed upon by the parties or if no agreement is reached as to price, then at the fair value as determined by the circuit court of the county in which the corporation has its registered office or any court in such place having jurisdiction. In order to determine fair value, the court may appoint an appraiser to receive evidence and report to the court his or her findings and recommendation as to fair value. The appraiser shall have such powers and shall proceed, so far as applicable, in the same manner as appraisers appointed under Article 13 of Chapter 2A.
(Acts 1980, No. 80-633, p. 1094, §167; §10-2A-306; amended and renumbered by Act 2009-513, p. 967, §374; Act 2019-94, §2.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-07/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.07 - Agreements Restricting Discretion of Directors; Applicable to Corporations For...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.07 - Agreements Restricting Discretion of Directors; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.07
Agreements restricting discretion of directors; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
A written agreement among the shareholders of a close corporation holding a majority of the outstanding shares entitled to vote, whether solely among themselves or with a party not a shareholder, is not invalid, as between the parties to the agreement, on the ground that it so relates to the conduct of the business and affairs of the corporation as to restrict or interfere with the discretion or powers of the board of directors. The effect of any such agreement shall be to relieve the directors and impose upon the shareholders who are parties to the agreement the liability for managerial acts or omissions which is imposed on directors to the extent and so long as the discretion or powers of the board in its management of corporate affairs is controlled by such agreement.
(Acts 1980, No. 80-633, p. 1094, §168; §10-2A-307; amended and renumbered by Act 2009-513, p. 967, §374.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-08/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.08 - Management by Shareholders; Applicable to Corporations Formed as Close Corpora...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.08 - Management by Shareholders; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.08
Management by shareholders; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
The certificate of formation of a close corporation may provide that the business of the corporation shall be managed by the shareholders of the corporation rather than by a board of directors. So long as this provision continues in effect:
(1) No meeting of shareholders need be called to elect directors;
(2) Unless the context clearly requires otherwise, the shareholders of the corporation shall be deemed to be directors for purposes of applying provisions of this article; and
(3) The shareholders of the corporation shall be subject to all liabilities of directors.
Such a provision may be inserted in the certificate of formation by amendment if all incorporators and subscribers or all holders of record of all of the outstanding shares, whether or not having voting power, authorize such a provision. An amendment to the certificate of formation to delete such a provision shall be adopted by a vote of the holders of record of not less than one-third of all outstanding shares of the corporation, whether or not otherwise entitled to vote. If the certificate of formation contains a provision authorized by this section, the existence of such provision shall be noted conspicuously on the face or back of every certificate for shares issued by such corporation.
(Acts 1980, No. 80-633, p. 1094, §169; §10-2A-308; amended and renumbered by Act 2009-513, p. 967, §374.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-09/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.09 - Appointment of Custodian for Close Corporation; Applicable to Corporations For...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.09 - Appointment of Custodian for Close Corporation; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.09
Appointment of custodian for close corporation; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
(a) The circuit court of the county in which the corporation has its registered office or any court in such place having jurisdiction, upon application of any shareholder, may appoint one or more persons to be custodians, and, if the corporation is insolvent, to be receivers, of any close corporation when:
(1) Pursuant to Section 10A-30-2.08, the business and affairs of the corporation are managed by the shareholders and they are so divided that the business of the corporation is suffering or is threatened with irreparable injury and any remedy with respect to such deadlock provided in the governing documents or in any written agreement of the shareholders has failed; or
(2) The petitioning shareholder has the right to the dissolution of the corporation under a provision of the certificate of formation permitted by Section 10A-30-2.12.
(b) In lieu of appointing a custodian for a close corporation under this section, the court may appoint a provisional director, whose powers and status shall be as provided in Section 10A-30-2.10 if the court determines that it would be in the best interest of the corporation. The appointment shall not preclude any subsequent order of the court appointing a custodian for such corporation.
(c) A custodian appointed under this section shall have all the powers of a receiver or custodian appointed under the Alabama Business Corporation Law, but the authority of the custodian is to continue the business of the corporation and not to liquidate its affairs and distribute its assets, except when the court shall otherwise order.
(Acts 1980, No. 80-633, p. 1094, §170; §10-2A-309; amended and renumbered by Act 2009-513, p. 967, §374; Act 2019-94, §2.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.10 - Appointment of a Provisional Director in Certain Cases; Applicable to Corporat...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.10 - Appointment of a Provisional Director in Certain Cases; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January, 1 1995.
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Section 10A-30-2.10
Appointment of a provisional director in certain cases; applicable to corporations formed as close corporations or electing close corporation status prior to January, 1 1995.
(a) Notwithstanding any contrary provision of the governing documents or agreement of the shareholders, the circuit court of the county in which the registered office of the corporation is located may appoint a provisional director for a close corporation if the directors are so divided respecting the management of the corporation's business and affairs that the votes required for action by the board of directors cannot be obtained with the consequence that the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally.
(b) An application for relief under this section must be filed (1) by at least one-half of the number of directors then in office, or (2) by the holders of at least one-third of all shares then entitled to elect directors, or, (3) if there be more than one class of shares then entitled to elect one or more directors, by the holders of two-thirds of the shares of any such class; but the certificate of formation of a close corporation may provide that a lesser proportion of the directors or of the shareholders or of a class of shareholders may apply for relief under this section.
(c) A provisional director shall be an impartial person who is neither a shareholder nor a creditor of the corporation or of any subsidiary or affiliate of the corporation, and whose further qualifications, if any, may be determined by the circuit court of the county. A provisional director is not a receiver of the corporation and does not have the title and powers of a custodian or receiver. A provisional director shall have all the rights and powers of a duly elected director of the corporation, including the right to notice of and to vote at meetings of directors until such time as he or she shall be removed by order of the circuit court of the county or by the holders of a majority of all shares then entitled to vote to elect directors or by the holders of two-thirds of the shares of that class of voting shares which filed the application for appointment of a provisional director. His or her compensation shall be determined by agreement between him or her and the corporation subject to approval of the circuit court of the county, which may fix his or her compensation in the absence of agreement or in the event of disagreement between the provisional director and the corporation.
(d) Even though the requirements of subsection (b) relating to the number of directors or shareholders who may petition for appointment of a provisional director are not satisfied, the circuit court of the county may nevertheless appoint a provisional director if permitted by subsection (b) of Section 10A-30-2.09.
(Acts 1980, No. 80-633, p. 1094, §171; §10-2A-310; amended and renumbered by Act 2009-513, p. 967, §374.)
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https://law.justia.com/codes/alabama/title-10a/chapter-30/article-2/section-10a-30-2-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.11 - Shareholders' Agreements; Applicable to Corporations Formed as Close Corporati...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.11 - Shareholders' Agreements; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.11
Shareholders' agreements; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
No written agreement among shareholders of a close corporation, nor any provision of the governing documents of the corporation, which agreement or provision relates to any phase of the affairs of such corporation, including but not limited to the management of its business or declaration and payment of dividends or other division of profits or the election of directors or officers or the employment of shareholders by the corporation or the arbitration of disputes, shall be invalid on the ground that it is an attempt by the parties to the agreement or by the shareholders of the corporation to treat the corporation as if it were a partnership or to arrange relations among the shareholders or between the shareholders and the corporation in a manner that would be appropriate only among partners.
(Acts 1980, No. 80-633, p. 1094, §172; §10-2A-311; amended and renumbered by Act 2009-513, p. 967, §374.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.12 - Shareholders' Option to Dissolve Corporation; Applicable to Corporations Forme...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.12 - Shareholders' Option to Dissolve Corporation; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.12
Shareholders' option to dissolve corporation; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
(a) The certificate of formation of any close corporation may include a provision granting to any shareholder, or to the holders of any specified number or percentage of shares of any class of shares, an option to have the corporation dissolved at will or upon the occurrence of any specified event or contingency. Whenever any such option to dissolve is exercised, the shareholders exercising the option shall give written notice thereof to all other shareholders. After the expiration of 30 days following the sending of the notice, the dissolution of the corporation shall proceed as if the required number of shareholders having voting power had consented in writing to dissolution of the corporation as provided by the Alabama Business Corporation Law.
(b) If the certificate of formation as originally filed does not contain a provision authorized by subsection (a), the certificate of formation may be amended to include such provision if adopted by the affirmative vote of the holders of all the outstanding shares, whether or not entitled to vote, unless the certificate of formation specifically authorizes such an amendment by a vote which shall be not less than two-thirds of all the outstanding shares whether or not entitled to vote.
(c) Each certificate for shares in any corporation whose certificate of formation authorizes dissolution as permitted by this section shall conspicuously note on the face thereof the existence of the provision. Unless noted conspicuously on the face of the certificate for shares the provision is ineffective.
(Acts 1980, No. 80-633, p. 1094, §173; §10-2A-312; amended and renumbered by Act 2009-513, p. 967, §374; Act 2019-94, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 10A - Alabama Business and Nonprofit Entities Code.›Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations.›Article 2 - Close Corporations.›Section 10A-30-2.13 - Effect of the Close Corporation Provisions on Other Laws; Applicable to Corpor...
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2023 Code of Alabama › Title 10A - Alabama Business and Nonprofit Entities Code. › Chapter 30 - Provisions Applicable to Exisiting Entities of a Type That May No Longer Be Formed:unincorporated Professional Associations and Close Corporations. › Article 2 - Close Corporations. › Section 10A-30-2.13 - Effect of the Close Corporation Provisions on Other Laws; Applicable to Corporations Formed as Close Corporations or Electing Close Corporation Status Prior to January 1, 1995.
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Section 10A-30-2.13
Effect of the close corporation provisions on other laws; applicable to corporations formed as close corporations or electing close corporation status prior to January 1, 1995.
This article shall not be deemed to repeal any statute or rule of law which is or would be applicable to any corporation which is governed by the Alabama Business Corporation Law but is not a close corporation.
(Acts 1980, No. 80-633, p. 1094, §174; §10-2A-313; amended and renumbered by Act 2009-513, p. 967, §374; Act 2019-94, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-1 - Number and Names of Counties.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-1 - Number and Names of Counties.
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Section 11-1-1
Number and names of counties.
The state is divided into 67 counties, named: Autauga, Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, Dallas, DeKalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Lowndes, Macon, Madison, Marengo, Marion, Marshall, Mobile, Monroe, Montgomery, Morgan, Perry, Pickens, Pike, Randolph, Russell, Shelby, St. Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington, Wilcox, and Winston.
(Code 1852, §25; Code 1867, §26; Code 1876, §23; Code 1886, §23; Code 1896, §1396; Code 1907, §121; Code 1923, §179; Code 1940, T. 12, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-2 - County Declared a Body Corporate.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-2 - County Declared a Body Corporate.
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Section 11-1-2
County declared a body corporate.
Every county is a body corporate, with power to sue or be sued in any court of record.
(Code 1852, §763; Code 1867, §897; Code 1876, §815; Code 1886, §886; Code 1896, §1397; Code 1907, §123; Code 1923, §181; Code 1940, T. 12, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-3 - Jurisdiction Over Navigable Streams Not Within Limits of Any County; Execution of P...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-3 - Jurisdiction Over Navigable Streams Not Within Limits of Any County; Execution of Process on Said Streams.
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Section 11-1-3
Jurisdiction over navigable streams not within limits of any county; execution of process on said streams.
The jurisdiction over navigable streams not included within the limits of any county belongs to the county or counties whose jurisdiction extends to the margin thereof, and all process may be executed on such streams by officers of either county.
(Code 1852, §24; Code 1867, §25; Code 1876, §27; Code 1886, §27; Code 1896, §1400; Code 1907, §128; Code 1923, §207; Code 1940, T. 12, §175.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-5 - Uniform Designation for County Governing Bodies.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-5 - Uniform Designation for County Governing Bodies.
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Section 11-1-5
Uniform designation for county governing bodies.
(a) In order to eliminate confusion and to provide clarity and uniformity of designation, each county governing body in this state shall, after October 1, 1970, be designated and known as the __________ county commission.
(name of county)
(b) The provision of this section shall effect a change in name only and shall in no way affect the existing organization, establishment, composition, function, power, duties, authority, compensation, term, or manner of electing the members of any governing body in this state.
(c) The governing bodies of the several counties of this state are hereby authorized and directed to promulgate such rules and regulations and to initiate such procedures as are necessary to implement the provisions of this section.
(Acts 1970, Ex. Sess., No. 26, p. 2628, §§1-3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-6 - Transfer of Money Erroneously Paid Into County Treasury, etc., to State Treasury.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-6 - Transfer of Money Erroneously Paid Into County Treasury, etc., to State Treasury.
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Section 11-1-6
Transfer of money erroneously paid into county treasury, etc., to State Treasury.
Whenever any money to which the state is entitled and which should be paid into the State Treasury is erroneously or wrongfully paid into the county treasury to the credit of any fund therein or whenever any money from any source is in the county treasury and belongs to the state, the county commission in such county shall draw a warrant in favor of the person whose duty it is to collect and pay said money into the State Treasury, and it shall be the duty of the person in whose favor the warrant is drawn to collect said money and pay it into the State Treasury as in other cases.
(Code 1907, §122; Code 1923, §180; Code 1940, T. 12, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-7 - Appointment and Use of Public Depositories; Liability.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-7 - Appointment and Use of Public Depositories; Liability.
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Section 11-1-7
Appointment and use of public depositories; liability.
(a) Upon the application of the county tax collectors, revenue commissioners, license commissioners, county treasurers, judges of probate, circuit court clerks, or registers of the circuit court, it shall be the duty of the county commission of the county to appoint a bank or savings association, that is a qualified public depository under Chapter 14A of Title 41, as a depository in which such officers may deposit money coming into their hands as such officers, which appointment shall be by proper resolutions spread upon the minutes of such commission.
(b) Upon the application of the custodian of county school funds, it shall be the duty of the county board of education of the county to appoint a bank or savings association that is a qualified public depository under Chapter 14A of Title 41, as a depository in which such officers may deposit money coming into their hands as such officers, which appointment shall be by proper resolution spread upon the minutes of such county school board.
(c) If and when a depository is or has been designated by the county board of education for the public school funds, or by the county commission for the funds of the tax collector, revenue commissioner, license commissioner, or county treasurer, the minimum amount of the bonds of such officers may be fixed at an amount not less than twice the amount of the average daily balance of funds on hand under the control of such office during that month in the preceding fiscal year when such average daily balance was greatest, but not to exceed a maximum of one hundred thousand dollars ($100,000).
(d) If any of such funds are dissipated or lost by reason of the insolvency or failure of such qualified public depository appointed as such depository, as provided herein, such dissipation or loss shall not constitute a liability on the official bond of such officers nor a liability on the sureties thereon.
(e) In the event of this dissipation or loss of any of such funds because of such insolvency or failure of such depository, the county and state shall have a preferred claim against such qualified public depository for the amount of such dissipation or loss.
(f) In the event of the naming of such depository for the county tax collector, revenue commissioner, or license commissioner of any county and the use of such depository by him, such county tax collector shall make reports, distributions, and remittances to the proper authorities of the funds so deposited on October 15 of each year and on the first and fifteenth of each month thereafter until he or she makes his or her final settlement for such year; provided, that if, on the fifteenth day of any month following final settlement and before October 15 following, the tax collector, revenue commissioner, or license commissioner has on hand collections in an amount equal to one half of his or her official bond, he or she shall make reports, distributions, and remittances to the proper authorities in like manner as now required by law, these reports, distributions, and remittances to be in addition to those now required of such officer by Section 40-5-36.
(g) The provisions of this section are not exclusive but cumulative and remedial, and this section shall not be construed as abolishing any other method or manner now provided by law for the making of official bonds of county officers or handling funds of county officers coming into their hands as such officers. Nothing in this section shall relieve any public official from making official bonds as is now required by law, nor from liability thereon except as is provided by this section.
(Acts 1933, Ex. Sess., No. 60, p. 51; Acts 1933, Ex. Sess., No. 191, p. 203; Acts 1935, No. 531, p. 1119; Acts 1936, Ex. Sess., No. 141, p. 101; Code 1940, T. 12, §4; Code 1940, T. 41, §78; Acts 1949, No. 634, p. 975; Acts 1959, No. 159, p. 684; Acts 1971, 3rd Ex. Sess., No. 83, p. 4295; Acts 1975, No. 1121, §1; Act 2000-748, p. 1669, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-8 - Closing of County Offices on Legal Holidays and for Special Circumstances; Deadline...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-8 - Closing of County Offices on Legal Holidays and for Special Circumstances; Deadlines Extended for Filing Documents.
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Section 11-1-8
Closing of county offices on legal holidays and for special circumstances; deadlines extended for filing documents.
The county commission of any county in the State of Alabama may by resolution close the offices in the county courthouse or other county buildings on legal holidays set pursuant to Section 1-3-8, or for special circumstances deemed necessary or appropriate. Notice of the closing shall be posted at the courthouse and shall be published otherwise in the manner as the county commission may direct. In the event that any documents required to be filed by a time certain deadline cannot be filed in a timely manner due to the closing of an office under this section, the deadline for filing shall be extended to the date that the office is reopened as provided in Section 1-1-4.
(Acts 1945, No. 74, p. 72; Acts 1967, No. 418, p. 1079; Act 2007-488, p. 1037, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-9 - Payment of Costs of Defense of Lawsuits Against County Officials; Validation of Pri...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-9 - Payment of Costs of Defense of Lawsuits Against County Officials; Validation of Prior Payments.
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Section 11-1-9
Payment of costs of defense of lawsuits against county officials; validation of prior payments.
(a) Any law to the contrary notwithstanding, the county commission of any county of the state of Alabama may, in its discretion, defray the costs of defending any lawsuit brought against any county official when such lawsuit is based upon and grows out of the performance by said official of any duty in connection with his office and does not involve a willful or wanton personal tort or a criminal offense committed by the official. The expenses of defending such litigation may include witness fees, transportation, toll and ferry expenses of witnesses, attorney's fees, court costs, and any other cost in connection with the defense of said litigation.
(b) If any county has expended money for the purposes set out in subsection (a) of this section, such expenditure is hereby validated and shall not be charged back to the official making such payment nor shall the person who received such payment be liable for any reimbursement of same.
(Acts 1967, No. 92, p. 422.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-10 - Contracts With Federal, State, and Other County Governments.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-10 - Contracts With Federal, State, and Other County Governments.
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Section 11-1-10
Contracts with federal, state, and other county governments.
(a) The county commission in addition to all other powers and authority is hereby authorized and empowered to enter into contracts, leases, compacts, or any other form of agreement with the United States of America or any of its agencies, departments, bureaus, divisions, or institutions, with the State of Alabama or any of its agencies, departments, bureaus, divisions, or institutions and with any other county or municipality within or without the state for the purpose of receiving or acquiring funds, matching funds, services, materials, supplies, buildings, structures, waterways and docking facilities, and any and all other benefits deemed for the public interest in the promotion of industrial, agricultural, recreational, or any other beneficial development.
(b) The contracts, leases, compacts, or other forms of agreement may contain such covenants and considerations as considered reasonable and necessary and for public use only, including, but not limited to, contributions by the county either in funds or materials, supplies, machinery, services, labor, rights-of-way, easements, buildings, terminals, and related facilities for waterway improvements and expansion and may contain other provisions required by the contracting agencies to provide a useful and feasible development for use by the public.
(Acts 1973, No. 1122, p. 1890; Act 2015-53, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-11 - Payment of Membership Fees in State Organizations, etc., for Sheriffs, Tax Assesso...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-11 - Payment of Membership Fees in State Organizations, etc., for Sheriffs, Tax Assessors, Tax Collectors, Circuit Clerks and Registers, License Commissioners, Etc.
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Section 11-1-11
Payment of membership fees in state organizations, etc., for sheriffs, tax assessors, tax collectors, circuit clerks and registers, license commissioners, etc.
(a) The county commissions of the several counties of the state are hereby authorized to pay all dues, fees, and expenses of the sheriffs, tax assessors, tax collectors, circuit clerks and registers and license commissioners, or other like officials in their respective counties that are incurred by such individuals through membership in and/or attendance at official functions of their state organizations.
(b) Such dues, fees, and expenses may be paid from the general fund of each county.
(c) Membership dues and fees may be paid by remittance to the secretary/treasurer of such organization upon presentation of a statement therefor.
(d) Expenses may be remitted directly to the individual concerned upon presentation of an itemized statement, supported by receipts, indicating actual expenses incurred. Such statement may be properly sworn to and notarized.
(Acts 1973, No. 1281, p. 2194.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-12 - Preparation, etc., of County Assessment Maps or Plats.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-12 - Preparation, etc., of County Assessment Maps or Plats.
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Section 11-1-12
Preparation, etc., of county assessment maps or plats.
The county commissions shall have prepared county assessment maps or plats showing the county boundary lines, main creeks, rivers, railroads, exempt lands, public roads, schoolhouses, and churches and all lands which have escaped state and county taxation for the next preceding five years in their respective counties, and which shall also show all subdivisions of lands made for the assessment of taxes or other purposes and shall pay for the same out of the county treasury.
(Code 1907, §157; Code 1923, §249; Code 1940, T. 12, §227.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-13 - Alteration, etc., of Precinct or Beat Lines or Creation of New Precincts or Beats.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-13 - Alteration, etc., of Precinct or Beat Lines or Creation of New Precincts or Beats.
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Section 11-1-13
Alteration, etc., of precinct or beat lines or creation of new precincts or beats.
The county commissions of the several counties of the State of Alabama may alter or rearrange the boundary of beat or precinct lines of their respective counties so as to include in them any territory which has been or may be detached from one county and added to another or they may in their discretion create a new precinct or beat in said county out of the territory added to said county and detached from an adjoining county.
(Acts 1932, Ex. Sess., No. 174, p. 201; Code 1940, T. 12, §228.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-14 - Provision of Voting Places Where Precinct or Beat Lines Altered, etc., or New Prec...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-14 - Provision of Voting Places Where Precinct or Beat Lines Altered, etc., or New Precincts or Beats Created.
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Section 11-1-14
Provision of voting places where precinct or beat lines altered, etc., or new precincts or beats created.
The county commissions of the several counties of the State of Alabama may provide voting places in all precincts or beats which have been established or where the boundaries of precincts or beats have been altered or rearranged as provided in Section 11-1-13.
(Acts 1932, Ex. Sess., No. 174, p. 201; Code 1940, T. 12, §229.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-15 - Authority to Join National and State Association of County Commissions.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-15 - Authority to Join National and State Association of County Commissions.
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Section 11-1-15
Authority to join national and state association of county commissions.
(a) The county commission of each of the several counties of the state shall be authorized to join and to participate in a national and state association of county commissions organized for the purpose of promoting better county government, economy, efficiency in office, and representing the interests of the several counties before state departments, the state Legislature, and the United States Congress.
(b) The county commissions of the several counties shall be authorized to appropriate for the maintenance and support of such associations such sums as it may deem necessary and appropriate.
(Acts 1975, No. 1219, §§1, 2.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-1/section-11-1-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-16 - Warrants for Borrowing Purposes - Execution.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-16 - Warrants for Borrowing Purposes - Execution.
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Section 11-1-16
Warrants for borrowing purposes - Execution.
All warrants issued under the provisions of this title for borrowing purposes shall be signed by the presiding officer of the county commission and by each of the members of said county commission and shall have attached thereto the seal of said county commission. Coupons for interest need be signed only by such presiding officer.
(Code 1923, §6787; Code 1940, T. 12, §82.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-1/section-11-1-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 1 - General Provisions.›Section 11-1-17 - Warrants for Borrowing Purposes - Form of Warrants, Refunding Warrants, Coupons, E...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 1 - General Provisions. › Section 11-1-17 - Warrants for Borrowing Purposes - Form of Warrants, Refunding Warrants, Coupons, Etc.
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Section 11-1-17
Warrants for borrowing purposes - Form of warrants, refunding warrants, coupons, etc.
(a) Warrants. The warrants issued under this title for borrowing purposes may be substantially in the following form, which is declared to be sufficient:
The State of Alabama,
County of _______
$________
Warrant Number _______
The County of _____ acknowledges itself indebted and promises to pay to _______, or order, on the _______ day of _______, 2__, for value received, the sum of _______ dollars, with interest at the rate of _______ percent per annum at the proper depository of the county.
This warrant is issued pursuant to law and an order of the county commission of the said county, who represent that all provisions of law have been complied with and that this warrant is legal in all respects.
In testimony whereof, we, the undersigned presiding officer and members of the county commission of said county have hereunto set our hands and affixed the seal of said county commission, this the _______ day of _______, 2__.
(b) Retiring, adjusting, or refunding warrants. The retiring, adjusting, or refunding warrants issued under this title may be in substantially the following form, which is declared to be sufficient:
The State of Alabama,
Retiring, adjusting, or refunding warrants.
County of _______
Warrant Number _____
Number _____
The county of _____ will pay to the registered holder hereof, or his registered transferee or indorsee, at the proper county depository, the sum of $_____, on the _____ day of _____, 2__.
This debt bears interest at the rate of _____ percent per annum payable annually (or semiannually), evidenced by the _____ interest coupons hereto attached (if coupons are attached) each in the sum of $_____ (if the right is reserved to retire the certificate before maturity, the following may be added: The right is reserved to retire this debt at any interest period, or as the case may be).
This warrant is issued pursuant to law and an order of the county commission of said county, who represent that all provisions of law have been complied with and that this warrant is legal in all respects.
In testimony whereof, we, the undersigned presiding officer and members of the county commission of said county, have hereunto set our hands and affixed the seal of said county commission, this the _____ day of _____, 2__.
(c) Coupons. The coupons attached to said warrant may be in substantially the following form, which is declared to be sufficient:
County of _______, Alabama
Warrant Number _____
This interest coupon is a part of the attached warrant and entitles the registered holder thereof, or his registered transferee or indorsee, upon proper endorsement of this coupon, to the sum of $_____, on the _____ day of _____, 2__.
(Code 1923, §6788; Code 1940, T. 12, §83.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-1/section-11-2-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 1 - General Provisions.›Section 11-2-1 - Bonds Requirements.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 1 - General Provisions. › Section 11-2-1 - Bonds Requirements.
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Section 11-2-1
Bonds requirements.
(a) For the purposes of this chapter, the following words have the following meanings:
(1) COUNTY EMPLOYEE. An employee or clerk, deputy, or employee in any county office, but shall not mean an employee of the county board of education.
(2) COUNTY OFFICIAL or COUNTY OFFICER. A county commissioner, county taxing official, judge of probate, sheriff, coroner, or constable.
(3) COUNTY TAXING OFFICIAL. A tax assessor, tax collector, revenue commissioner, license commissioner, or other person charged by law in a county with the assessing or collecting of taxes.
(b) All county officials of all counties in this state and any county employee designated by law or the county commission shall be required to execute official bonds for the faithful performance of their duties and such additional official bonds as from time to time the public interest may demand and as may be required by the provisions of law. Except for a local taxing official executing bond pursuant to Section 40-4-1 or 40-5-3, any official bond executed on behalf of a county official or county employee on and after May 22, 2009, shall be made payable to the county treasury.
(c)(1) In addition to the foregoing, the county commission may require any person appointed by the county commission to serve as director or member of any public board or commission to execute an official bond for the faithful performance of his or her duties on the public board or commission, which bond shall be in an amount set by the county commission and made payable to the board or commission upon which the person will serve.
(2) The governing body of any public board or commission created by the county commission may require an official bond for the faithful performance of his or her duties from any person employed by the public board or commission, which bond shall be set by the governing body of the board or commission and payable to the board or commission employing the person.
(d) Any official bond executed under this section shall be obligatory on the principal and sureties for any of the grounds set out in Section 36-5-18, and in the event of forfeiture, the proceeds shall be distributed to the state or county fund or funds entitled to payment or reimbursement as a result of the breach of office. Payment shall be made to each eligible entity in proportion to the loss of or reduction in public funds caused by the breach of office resulting in the forfeiture.
(Acts 1932, Ex. Sess., No. 290, p. 284; Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §73; Act 2009-744, p. 2229, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-1/section-11-2-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 1 - General Provisions.›Section 11-2-2 - Conditions of Bonds; Provisions of Law Governing Bonds.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 1 - General Provisions. › Section 11-2-2 - Conditions of Bonds; Provisions of Law Governing Bonds.
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Section 11-2-2
Conditions of bonds; provisions of law governing bonds.
The bonds required to be made of county officials by the provisions of this Code shall be conditioned as now provided by law and shall in all respects be subject to and governed by the provisions of law governing, regulating, concerning, and pertaining to official bonds, except as may be in conflict with provisions of this article.
(Acts 1932, Ex. Sess., No. 290, p. 284; Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §74.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-1/section-11-2-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 1 - General Provisions.›Section 11-2-3 - Filing and Recordation of Bonds of County Officers and Employees.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 1 - General Provisions. › Section 11-2-3 - Filing and Recordation of Bonds of County Officers and Employees.
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Section 11-2-3
Filing and recordation of bonds of county officers and employees.
The bonds of all county officers and county employees required by the provisions of this Code, with the exception of the bond of the judge of probate, shall be filed and recorded in the office of the judge of probate, and the bond of the judge of probate shall be filed and recorded in the office of the clerk of the circuit court, and duplicate copies of the bonds of the probate judge and tax assessor and tax collector shall be filed with the comptroller.
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §82.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-1/section-11-2-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 1 - General Provisions.›Section 11-2-4 - Payment of Premiums on Bonds.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 1 - General Provisions. › Section 11-2-4 - Payment of Premiums on Bonds.
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Section 11-2-4
Payment of premiums on bonds.
Except as otherwise provided by law or in this section, the premiums on all bonds of all county officials and county employees required by this chapter, when made by surety companies shall be paid by the respective counties out of the general funds of the county. The premiums on the bonds of county taxing officials shall be paid on a pro rata basis by each fund, except the State General Fund, or agency receiving noneducational ad valorem taxes paid in the county determined by computing the percentage that the total collections for each fund, except the State General Fund, or agency bears to the total collections of noneducational ad valorem taxes. The premiums on the bonds of the superintendent of education and of the chief school financial officer of the county shall be paid by the board of education of the county out of the three mill school tax.
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §96; Act 2009-744, p. 2229, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-1/section-11-2-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 1 - General Provisions.›Section 11-2-5 - Reduction of Bonds.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 1 - General Provisions. › Section 11-2-5 - Reduction of Bonds.
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Section 11-2-5
Reduction of bonds.
Whenever, in the judgment of the board of education of any county the amount of the bond of the superintendent of education or of the chief school financial officer is greater than is necessary, the board of education may reduce the amount of the bond, but not below the minimum fixed by this chapter. A resolution to that effect shall be adopted by the board and spread upon its minutes and a certified copy thereof served upon all of the obligors in the bond. The liability of the obligors under the bond reduced for any breach occurring after the reduction shall not exceed the amount of the bond as reduced. In event of the reduction, the obligors shall refund to the board of education the pro rata net unearned premium on the amount of the reduction.
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §85; Act 2009-744, p. 2229, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-1/section-11-2-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 1 - General Provisions.›Section 11-2-6 - Bonds to Be Made by Surety or Guaranty Companies; Time for Filing; Expiration.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 1 - General Provisions. › Section 11-2-6 - Bonds to Be Made by Surety or Guaranty Companies; Time for Filing; Expiration.
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Section 11-2-6
Bonds to be made by surety or guaranty companies; time for filing; expiration.
Official bonds required of all county officials or county employees of the various county commissions, boards, agencies, and commissions or any additional bond that may be required shall be made by a surety company or surety companies or a guaranty company or guaranty companies authorized by the laws of this state to make bonds and qualified to do business in this state. Section 36-5-2 notwithstanding, the bond for a county official shall be filed no later than the date that the official takes office or, in the case of appointment to an office, within five working days of the date the appointment is made. County officials and county employees required to post bond shall be required to renew or execute a new official bond at any time that the original bond expires as a result of the end of a term of office or otherwise.
(Acts 1965, 2nd Ex. Sess., No. 126, p. 179, §1; Act 2009-744, p. 2229, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-1/section-11-2-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 1 - General Provisions.›Section 11-2-7 - Discharge of Sureties on Bonds.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 1 - General Provisions. › Section 11-2-7 - Discharge of Sureties on Bonds.
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Section 11-2-7
Discharge of sureties on bonds.
Any person or corporation who is surety upon the official bond of any county official or county employee may discharge himself or itself of the suretyship upon making sworn application in writing addressed to the official, county commission, board, or commission required to approve the bonds, setting forth the reason for requesting discharge. Upon the filing of the application, the official, board, or commission to whom the application is addressed shall forthwith cause personal written notice to be served upon the county official or county employee as principal fixing a day not less than 15 nor more than 30 days after the date of the filing of the application requiring the county official or county employee to provide a new bond. Upon the failure of the county official or county employee to provide the bond within the time specified in the notice, he or she vacates his or her office or employment, and the official, county commission, board, or commission giving the notice shall at once certify the vacation to the appointing power required by law to fill the vacancy. If a new bond is filed, it shall be in the amount and filed and approved as provided in this chapter. On the execution, approval, and filing of the new bond, the original surety is discharged from all liability for any breach of the bond occurring thereafter, but the discharge shall not affect the liability of any of the obligors for any actions or inactions occurring prior to the execution, approval, and filing of the new bond. In case of the discharge of any one or more obligors under this section, the discharge shall operate as a discharge of all other obligors on the bond. When the sureties on either bond have made any payments thereon on account of the principal obligor therein, they are entitled to the same remedies and recoveries against the sureties in the remaining bonds as provided in Section 11-2-29. Every such new or additional bond approved and filed as provided in this section is binding upon the obligors from the time of its approval and subjects them to the same liabilities, proceedings, and remedy as are provided in relation to the first official bond of the county official or county employee.
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §97; Act 2009-744, p. 2229, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-20 - Requirement of Additional Bonds of County Officials, Etc. - Authority.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-20 - Requirement of Additional Bonds of County Officials, Etc. - Authority.
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Section 11-2-20
Requirement of additional bonds of county officials, etc. - Authority.
(a) Except where otherwise specifically provided by law for county taxing officials and judges of probate, the bond for each county official shall be one-half of one percent of the amount budgeted in the then current county budget for activities conducted by or under the direction of the individual county official, but the bond amount for any county official shall not exceed fifty thousand dollars ($50,000). The bond for any county employee required to post bond shall be set in an amount determined proper by the county commission. In the alternative, the county commission may execute a blanket bond covering the performance of duties of all county employees in an amount determined by the county commission to adequately protect all county funds and revenue.
(b) When in the judgment of the county commission, the bond provided for in this chapter for a county official or county employee is insufficient to fully protect the public interests and safeguard the public funds, the county commission may require the county official or county employee to make an additional bond in the amount and with the sureties as may be approved by resolution of the county commission.
(c) When, in the judgment of the county school board, the bond of the superintendent of education or the chief school financial officer of the county is insufficient either in penalty or surety to fully safeguard the public school funds, the county school board shall require the officer to make additional bonds in the amounts and with the sureties as may be approved by the board.
Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §83; Act 2009-744, p. 2229, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-21 - Requirement of Additional Bonds of County Officials, Etc. - Procedures.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-21 - Requirement of Additional Bonds of County Officials, Etc. - Procedures.
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Section 11-2-21
Requirement of additional bonds of county officials, etc. - Procedures.
Whenever any county commission or county board of education, pursuant to this article, requires any additional bond from any county official, county employee, or employee of the board of education, the requirement shall be adopted by resolution of the county commission or board of education signed by the chair and personally served on the county official, county employee, or employee of the board of education required to give additional bond. The resolution shall state the amount of additional bond required when and where to give such bond. The official or employee shall give additional bond within 15 days after the date specified in the resolution, or vacates his or her office or employment if he or she fails to comply.
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §84; Act 2009-744, p. 2229, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-22 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Authori...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-22 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Authority; Amount, Conditions, Effect, etc., of Bonds Generally.
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Section 11-2-22
Requirement of additional bonds for county officers whose terms extended - Authority; amount, conditions, effect, etc., of bonds generally.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1907, §1527; Code 1923, §2661; Code 1940, T. 41, §60.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-23 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Form an...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-23 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Form and Contents of Requisition for County Officer's Bond; Service of Same.
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Section 11-2-23
Requirement of additional bonds for county officers whose terms extended - Form and contents of requisition for county officer's bond; service of same.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1852, §137; Code 1867, §176; Code 1876, §186; Code 1886, §281; Code 1896, §3113; Code 1907, §1529; Code 1923, §2663; Code 1940, T. 41, §61.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-24/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-24 - Requirement of Additional Bonds for County Officers Whose Terms Extended - When Bo...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-24 - Requirement of Additional Bonds for County Officers Whose Terms Extended - When Bond to Be Given; Effect of Failure to Give Bond and Proceedings Thereupon.
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Section 11-2-24
Requirement of additional bonds for county officers whose terms extended - When bond to be given; effect of failure to give bond and proceedings thereupon.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1852, §138; Code 1867, §177; Code 1876, §187; Code 1886, §282; Code 1896, §3114; Code 1907, §1530; Code 1923, §2664; Code 1940, T. 41, §62.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-25/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-25 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Failure...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-25 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Failure of Officer to File Bond Within Prescribed Time After Approval.
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Section 11-2-25
Requirement of additional bonds for county officers whose terms extended - Failure of officer to file bond within prescribed time after approval.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1852, §§140, 149; Code 1867, §§179, 188; Code 1876, §§4164, 4165; Code 1886, §3955; Code 1896, §5157; Code 1907, §7450; Code 1923, §5042; Code 1940, T. 41, §63.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-26/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-26 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Penalty...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-26 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Penalty, Conditions, etc., of Bond.
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Section 11-2-26
Requirement of additional bonds for county officers whose terms extended - Penalty, conditions, etc., of bond.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1852, §139; Code 1867, §178; Code 1876, §188; Code 1886, §283; Code 1896, §3115; Code 1907, §1531; Code 1923, §2665; Code 1940, T. 41, §64.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-27/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-27 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Effect...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-27 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Effect of Additional Bond Generally; Remedies on Additional Bond.
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Section 11-2-27
Requirement of additional bonds for county officers whose terms extended - Effect of additional bond generally; remedies on additional bond.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1852, §141; Code 1867, §180; Code 1876, §189; Code 1886, §284; Code 1896, §3116; Code 1907, §1532; Code 1923, §2666; Code 1940, T. 41, §65.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-28/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-28 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Effect...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-28 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Effect of Execution of Additional Bond Upon Official Bonds Previously Executed.
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Section 11-2-28
Requirement of additional bonds for county officers whose terms extended - Effect of execution of additional bond upon official bonds previously executed.
In no case provided for under section 11-2-22 shall any of the official bonds previously executed be discharged; but each remains of the same force and obligation as if the additional bonds had not been given, and any person aggrieved can have his remedy upon either or all of such bonds in the same or in separate proceedings.
(Code 1852, §142; Code 1867, §181; Code 1876, §190; Code 1886, §285; Code 1896, §3117; Code 1907, §1533; Code 1923, §2667; Code 1940, T. 41, §66.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-29/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-29 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Rights...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-29 - Requirement of Additional Bonds for County Officers Whose Terms Extended - Rights and Remedies of Sureties on Bonds Among Themselves.
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Section 11-2-29
Requirement of additional bonds for county officers whose terms extended — Rights and remedies of sureties on bonds among themselves.
In any case when an additional bond has been required, the sureties in either bond, who may have been compelled to make any payment thereon for the principal obligor, have the same remedies against the sureties in the remaining bonds as cosureties have against each other and may recover against such sureties such an amount as shall be in the same proportion to the sum paid by the plaintiff as the aggregate penalty of the two bonds bears to the penalty of the bond of the defendant, apportioning the same among the solvent sureties.
(Code 1852, §143; Code 1867, §182; Code 1876, §191; Code 1886, §286; Code 1896, §3118; Code 1907, §1534; Code 1923, §2668; Code 1940, T. 41, §67.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-30 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Application by...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-30 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Application by County Freeholders for Order Requiring New Bond.
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Section 11-2-30
Proceedings as to sufficiency of bonds of certain county officers - Application by county freeholders for order requiring new bond.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1876, §192; Code 1886, §287; Code 1896, §3119; Code 1907, §1535; Code 1923, §2669; Code 1940, T. 41, §68.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-31 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Oath and Bond...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-31 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Oath and Bond of Applicants.
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Section 11-2-31
Proceedings as to sufficiency of bonds of certain county officers - Oath and bond of applicants.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1876, §196; Code 1886, §291; Code 1896, §3123; Code 1907, §1539; Code 1923, §2673; Code 1940, T. 41, §69.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-32 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Appointment of...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-32 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Appointment of Date for Hearing of Application; Hearing; Entry of Order Requiring Officer to Execute New Bond.
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Section 11-2-32
Proceedings as to sufficiency of bonds of certain county officers - Appointment of date for hearing of application; hearing; entry of order requiring officer to execute new bond.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1876, §193; Code 1886, §288; Code 1896, §3120; Code 1907, §1536; Code 1923, §2670; Code 1940, T. 41, §70.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-33/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-33 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Filing of Appl...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-33 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Filing of Application, Order, and Minutes of Proceedings.
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Section 11-2-33
Proceedings as to sufficiency of bonds of certain county officers - Filing of application, order, and minutes of proceedings.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1876, §194; Code 1886, §289; Code 1896, §3121; Code 1907, §1537; Code 1923, §2671; Code 1940, T. 41, §71.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2/article-2/section-11-2-34/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2 - Bonds of County Officers, Employees, etc., Generally.›Article 2 - Requirement of New or Additional Bonds.›Section 11-2-34 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Proceedings Up...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2 - Bonds of County Officers, Employees, etc., Generally. › Article 2 - Requirement of New or Additional Bonds. › Section 11-2-34 - Proceedings as to Sufficiency of Bonds of Certain County Officers - Proceedings Upon Failure of Officer to Execute New Bond Within Prescribed Time.
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Section 11-2-34
Proceedings as to sufficiency of bonds of certain county officers - Proceedings upon failure of officer to execute new bond within prescribed time.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Code 1876, §195; Code 1886, §290; Code 1896, §3122; Code 1907, §1538; Code 1923, §2672; Code 1940, T. 41, §72.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2a/section-11-2a-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2A - Compensation of County Officials.›Section 11-2A-1 - Categorization of Counties.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2A - Compensation of County Officials. › Section 11-2A-1 - Categorization of Counties.
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Section 11-2A-1
Categorization of counties.
(a) For purposes of determining the amount of annual compensation which a county shall pay to a county commissioner, a judge of probate, a sheriff, a tax assessor, a tax collector, a revenue commissioner, a license commissioner, and an elected assistant tax assessor or collector, the 67 counties of the state shall be placed in categories based on population according to the most recent federal decennial census.
(b) The population categories of counties are as follows:
(1) CATEGORY 1. Population in excess of 450,000.
(2) CATEGORY 2. Population from 350,001 to 449,999.
(3) CATEGORY 3. Population from 200,001 to 350,000.
(4) CATEGORY 4. Population from 50,001 to 200,000.
(5) CATEGORY 5. Population from 19,000 to 50,000.
(6) CATEGORY 6. Population of less than 19,000.
(Act 2000-108, p. 148, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2a/section-11-2a-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2A - Compensation of County Officials.›Section 11-2A-2 - Annual Compensation of Certain Local Officials.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2A - Compensation of County Officials. › Section 11-2A-2 - Annual Compensation of Certain Local Officials.
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Section 11-2A-2
Annual compensation of certain local officials.
Effective October 1, 2000, the annual compensation which a county shall pay to a county commissioner, a judge of probate, a sheriff, a tax assessor, a tax collector, a revenue commissioner, a license commissioner, and an elected assistant tax assessor or collector shall be as set out below:
(1) SHERIFF. The annual minimum compensation for each sheriff shall be fifty thousand dollars ($50,000) which shall be in lieu of any salary and expense allowance currently provided to a sheriff receiving total compensation less than the minimum. Beginning with the next term of office for each sheriff, except as provided in Section 11-2A-4, the salary herein provided shall be the minimum compensation payable to the sheriff in lieu of any salary, expense allowance, or other compensation provided by law.
(2) COUNTY COMMISSIONERS AND JUDGES OF PROBATE. The annual minimum compensation for county commissioners and judges of probate in Categories 1 and 2 shall be as provided by local law. Except as otherwise provided in this chapter and subject to the provisions of Section 11-2A-4, the annual compensation for county commissioners and judges of probate in Category 3 shall be increased by 20 percent effective October 1, 2001, if the compensation, including expense allowance, of the office has not been increased by other general or local law during the period from October 1, 1996, to October 1, 2001; the annual minimum compensation for county commissioners and judges of probate in Category 4 shall be that amount prescribed by general law on September 30, 2000, plus a 20 percent increase; the annual minimum compensation for county commissioners and judges of probate in Category 5 shall be that amount prescribed by general law on September 30, 2000, plus a 17 percent increase; and the annual minimum compensation for county commissioners and judges of probate in Category 6 shall be that amount prescribed by general law on September 30, 2000, plus a 15 percent increase.
(3) TAX ASSESSORS, TAX COLLECTORS, REVENUE COMMISSIONERS, LICENSE COMMISSIONERS, AND ELECTED ASSISTANT TAX COLLECTORS OR ASSESSORS.
a. On and after June 1, 2000, each county commission is authorized to provide an expense allowance to the tax assessor, tax collector, revenue commissioner, license commissioner, elected assistant tax assessor, and elected assistant tax collector in amounts not to exceed ten thousand dollars ($10,000) per annum. The expense allowance may be phased in over a two-year period as determined by the county commission. At the beginning of the official's next term of office following the provision of the expense allowance authorized herein, the expense allowance shall be included in the base salary of the official and the expense allowance thereupon voided. Deductions from the expense allowances provided under this chapter shall be made for supernumerary programs, the State Employees' Retirement System, or other retirement programs as provided by law, the same as if the expense allowances were salary. Notwithstanding the above, in Category 3, an expense allowance for any official covered by this subdivision shall be provided in the amount of ten thousand dollars ($10,000) per annum effective October 1, 2001, if compensation for the office has not been increased by other general or local law during the period from October 1, 1996, to October 1, 2001.
b. Any increase in base salary or expense allowance for a tax assessor, tax collector, revenue commissioner, license commissioner, elected assistant tax assessor, or elected assistant tax collector contained in any act passed in the 1999 2nd Special Session of the Legislature or any other act passed in the 2000 Regular Session shall be credited against any expense allowance provided under this subdivision, so that the total increase in compensation for a tax assessor, tax collector, revenue commissioner, license commissioner, elected assistant tax assessor, and elected assistant tax collector does not exceed ten thousand dollars ($10,000).
(4) Any laws to the contrary notwithstanding, no person holding supernumerary office shall be entitled to any increases in compensation or expenses as a result of the implementation of any salary adjustments provided for in this chapter.
(5) If implementation of the salaries in this chapter increases the salary of an incumbent office holder, the increase shall be paid as an expense allowance until the beginning of the next term of office whereupon the amount of the expense allowance shall be included in the base salary for the office holder and the expense allowance shall be voided. Deductions from the increase shall be made for supernumerary programs as provided by law as if the increase were salary. Notwithstanding the foregoing, a county shall pay the salary increase during a term of office at the beginning of the next fiscal year if payment of the increase is sanctioned by an amendment to the Constitution of Alabama of 1901.
(6) Notwithstanding this section or any other provision of this chapter, the increases in fees under Section 12-19-90 provided for by Act 2000-108 shall not apply to any county in Category 1 or 3 on June 1, 2000.
(7) The local governing body of the county may, by resolution, elect for the county to be exempt from the provisions of this section and Section 11-2A-3 and the increases in fees in Section 12-19-90 as provided for by Act 2000-108; provided that the local governing body shall only be authorized to exempt the county from all of the sections referenced above, and provided further that the resolution is adopted after June 1, 2000, but prior to October 1, 2000. Any local governing body that exercises its authority under this subdivision may elect to have the county become subject to the provisions referenced above by the adoption of a resolution and the provisions shall become effective in the county on September 30, next following the adoption of the resolution.
(8) Any county identified as a "Category 1" county under the provisions of Section 11-2A-1, is exempt from the provisions of this section.
(Act 2000-108, p. 148, §2; Act 2001-344, p. 446, §1; Act 2001-697, p. 1487, §§1, 2.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2a/section-11-2a-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2A - Compensation of County Officials.›Section 11-2A-3 - Additional Compensation.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2A - Compensation of County Officials. › Section 11-2A-3 - Additional Compensation.
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Section 11-2A-3
Additional compensation.
In addition to the salary provisions set out in Section 11-2A-2, the following shall apply:
(1) Any full-time county commission chairperson in Category 4, 5, or 6 who is elected countywide shall receive additional annual compensation in an amount of five thousand dollars ($5,000). This additional compensation shall be paid beginning on October 1, 2000.
(2) Any judge of probate in Category 4, 5, or 6 shall receive an additional two thousand five hundred dollars ($2,500) in annual compensation if he or she is required to serve as chairperson of the county commission. This additional compensation shall be paid beginning on October 1, 2000.
(3) Any local official charged by law with the administration of a "one-stop" tag program shall receive annual compensation for such administration in an amount not less than three thousand dollars ($3,000). Any additional compensation necessary to increase the official's salary to three thousand dollars ($3,000) per year for such administration shall be paid beginning on October 1, 2000. The provisions of this subdivision shall not affect any local law that provides annual compensation for the administration of the "one-stop" tag program in excess of three thousand dollars ($3,000).
(Act 2000-108, p. 148, §3.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2a/section-11-2a-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2A - Compensation of County Officials.›Section 11-2A-4 - Compensation Increases.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2A - Compensation of County Officials. › Section 11-2A-4 - Compensation Increases.
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Section 11-2A-4
Compensation increases.
(a) After August 1, 2016, the local officials covered by this chapter shall be entitled to receive the same uniform increases in compensation, whether the uniform increases are based on a percentage of compensation or a flat dollar amount, that are granted equally to all county employees by the county commission. The increases shall be in the same amount or percentage, as the case may be, as that amount or percentage increase provided to the county's employees.
Except as otherwise provided herein, officials in Category 2 shall be eligible for the cost-of-living increases beginning on October 1, 2000. If the implementation of this chapter increases the compensation of an incumbent office holder, the increase shall be paid as provided in subdivision (5) of Section 11-2A-2. The base compensation for the purposes of implementation of this subsection shall be that compensation established on October 1, 2000, and shall remain those respective amounts until increased as provided under the provisions of this chapter.
(b) Any provision of this chapter to the contrary notwithstanding, the Legislature, by local law, may increase the compensation for local officials covered under this chapter. However, if a local law increases the compensation of a local official, such local official shall not be entitled to any uniform increases pursuant to the procedure in subsection (a), until such time as the total compensation he or she would have received under subsection (a) is equal to or exceeds the increase provided by the local law.
(Act 2000-108, p. 148, §4; Act 2016-335, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2A - Compensation of County Officials.›Section 11-2A-5 - Relation to Section 40-6a-2.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2A - Compensation of County Officials. › Section 11-2A-5 - Relation to Section 40-6a-2.
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Section 11-2A-5
Relation to Section 40-6A-2.
This chapter shall be read in pari materia with Section 40-6A-2. All compensation paid under the provisions of this chapter to tax assessors, tax collectors, revenue commissioners, license commissioners, elected assistant tax assessors, or elected assistant tax collectors, or any official whose salary is prorated under the provisions of Section 40-6A-2, shall continue to be prorated and paid from the same funds and in the same manner as provided under that section.
(Act 2000-108, p. 148, §5.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2a/section-11-2a-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2A - Compensation of County Officials.›Section 11-2A-6 - Increase to Compensation Exceeding Minimums.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2A - Compensation of County Officials. › Section 11-2A-6 - Increase to Compensation Exceeding Minimums.
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Section 11-2A-6
Increase to compensation exceeding minimums.
Except for officials affected by subdivision (3) of Section 11-2A-2, no local official receiving compensation in excess of the minimums prescribed by general law on September 30, 2000, plus the increases provided in Section 11-2A-2 shall be eligible to receive the increases authorized by Section 11-2A-2.
(Act 2000-108, p. 148, §6.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2a/section-11-2a-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2A - Compensation of County Officials.›Section 11-2A-7 - Applicability of Article.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2A - Compensation of County Officials. › Section 11-2A-7 - Applicability of Article.
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Section 11-2A-7
Applicability of article.
(a) This chapter shall not be applicable to local officials whose salaries, prior to March 8, 2000, are tied to the salaries of any state elected officials nor shall this chapter apply to local officials on a fee system of compensation, except as provided in Section 11-2A-8. Any local act in effect on October 1, 2000, providing compensation for a local official in excess of the compensation authorized by this chapter shall remain in full force and effect until expressly amended or repealed by the Legislature.
(b) The provisions of this chapter and Section 12-19-90 shall not be applicable in Barbour, Tuscaloosa, Cullman, St. Clair, Pike, Henry, Coffee, Russell, Geneva, Dale, or Fayette Counties unless first approved by resolution of the respective county commission.
(c) The provisions of Sections 11-2A-2 and 11-2A-3 shall not be applicable in Pickens County unless first approved by resolution of the county commission.
(d) Provided, however, that if any of the counties listed in subsection (b) or (c) adopt a resolution after October 1, 2000, to come under the provisions of this chapter and the increases in fees under Section 12-19-90, as provided in Act 2000-108, the provisions of Sections 11-2A-2 and 11-2A-3, and the increases in fees under Section 12-19-90, as provided in Act 2000-108, will not become effective in such counties until the beginning of the next succeeding fiscal year.
(e) Any county identified as a "Category 1" county under the provisions of Section 11-2A-1, is exempt from the provisions of this section.
(Act 2000-108, p. 148, §7; Act 2001-697, p. 1487, §§1, 2.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-2a/section-11-2a-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 2A - Compensation of County Officials.›Section 11-2A-8 - Judge of Probate - Income Cap Inapplicable.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 2A - Compensation of County Officials. › Section 11-2A-8 - Judge of Probate - Income Cap Inapplicable.
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Section 11-2A-8
Judge of probate - Income cap inapplicable.
Any judge of probate on the fee system shall not be subject to any cap on income after October 1, 2000.
(Act 2000-108, p. 148, §8.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-3/article-1/section-11-3-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 3 - County Commission.›Article 1 - General Provisions.›Section 11-3-1 - Qualifications of Candidates for County Commissioner; Vacancies; Composition of Com...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 3 - County Commission. › Article 1 - General Provisions. › Section 11-3-1 - Qualifications of Candidates for County Commissioner; Vacancies; Composition of Commission; Meetings.
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Section 11-3-1
Qualifications of candidates for county commissioner; vacancies; composition of commission; meetings.
(a) Any person who is a qualified elector of the county and has resided in the county for at least one year prior to the date upon which he or she would take office is eligible to seek office as county commissioner. In counties where the county commissioners represent a certain district, any person seeking office as county commissioner shall be a qualified elector of and reside within the district which he or she seeks to represent upon election or appointment for at least one year prior to the date that he or she would take office. Notwithstanding the foregoing, the one-year residency requirement provided above shall not apply to the first election following any redistricting of county commission districts in a county. Any person serving as county commissioner, at all times while in office, shall meet the qualified elector and residency requirements set out herein, and in the case of a district commissioner shall reside in the district as it existed at the time of his or her election.
(b) Unless a local law authorizes a special election, any vacancy on the county commission shall be filled by appointment by the Governor. If the appointment occurs at least 30 days before the closing of party qualifying as provided in Section 17-13-5, the person appointed to the vacated office shall only serve until seven days after the next general election following the appointment as provided herein. The person so appointed to fill the vacancy shall meet the residency requirements in subsection (a), and shall hold office from the date of appointment until the eighth day following the next general election. If the original term in which the vacancy occurred would not have expired on the eighth day following the next general election after the appointment, the person elected at the election required by operation of this subsection shall serve for a period of time equal to the remainder of the term in which the vacancy was created. Thereafter, election for the county commission seat shall be as otherwise provided by law.
(c) Unless otherwise provided by local law, by court order, or governed by Section 11-80-12, and as otherwise provided in subsection (d), there shall be in every county a county commission, composed of the judge of probate, who shall serve as chairman, and four commissioners, who shall be elected at the time prescribed by law and shall hold office for four years until their successors are elected and qualified.
(d) Notwithstanding any other provision of law related to election canvassing, certification, or contest, the term of office for county commissioner shall commence at 12:00 a.m. on the second Wednesday following the general election at which he or she is elected and shall expire at 11:59 p.m. on the first Tuesday following the day of the general election at which the successor to that office is elected.
(e) Each county commission shall meet on the Wednesday following the election and tabulation of provisional ballots pursuant to Section 17-10-2 of any one of its members whose term commences on that day pursuant to subsection (d), and at this meeting, shall establish the regular meeting days for the county commission as provided in Section 11-3-8. The meeting shall be in lieu of any meeting of the county commission required by law to be held within the same calendar week and shall be in all respects and for all purposes a regular meeting of the county commission. The county commission shall not meet following the election of any one of its members until the meeting provided by this subsection, unless there is a declared emergency.
An emergency may be declared for the purposes of this subsection upon a unanimous vote of the entire membership of the county commission.
(f) Except as specifically provided in subsections (b) and (c), this section applies in all counties and may not be altered or amended by local law. Any existing local law or portion thereof in conflict with this section is specifically repealed to the extent of the conflict effective with the next election following September 1, 2007. It is the intent of the foregoing that a portion of a local law in direct conflict with this section shall be repealed, and any remaining portions of the local law not in conflict shall remain in full force and effect.
(Code 1852, §697; Code 1867, §825; Code 1876, §739; Code 1886, §819; Code 1896, §951; Code 1907, §3306; Code 1923, §6748; Code 1940, T. 12, §5; Acts 1980, No. 80-808, p. 1663; Acts 1989, No. 89-301, §1; Acts 1997, No. 97-640, p. 1170, §1; Act 2007-488, p. 1037, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-3/article-1/section-11-3-1-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 3 - County Commission.›Article 1 - General Provisions.›Section 11-3-1.1 - Authority of Single-Member District Commissioners to Alter District Boundaries.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 3 - County Commission. › Article 1 - General Provisions. › Section 11-3-1.1 - Authority of Single-Member District Commissioners to Alter District Boundaries.
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Section 11-3-1.1
Authority of single-member district commissioners to alter district boundaries.
(a) Following the release of any federal decennial census, any county commission of this state which is at that time electing its members from single-member districts, pursuant to either state or local law or a court order, may, by resolution, alter the boundaries of the districts.
(b) Any revised single-member district arrangement to be used, in whole or in part, in the 1992 primary and general election shall be adopted by the county commission not later than 75 days prior to the primary election in 1992. Any revised district arrangement to be used, in whole or in part, for the first time in any year after 1992 shall be approved by the county commission not later than 180 days prior to the primary election in which it will first be used.
(c) No resolution making changes in the boundaries of existing districts shall be adopted by the county commission unless the commission shall first have advertised in a newspaper of general circulation in the county for at least two consecutive weeks the time and place of the meeting at which the resolution shall be considered. The advertisement shall include one or both of the following items: (1) A map of the county indicating the proposed district boundaries. (2) Notification that a map indicating the proposed district boundaries is available for inspection at a specified public location where the map shall be displayed for at least two consecutive weeks preceding the meeting of the commission in which the resolution shall be considered.
(d) Any resolution making changes in district boundaries shall describe the revised district boundaries by reference to standard census units or county voting precincts, or both.
(e) Upon passage of any resolution effecting changes in district boundaries pursuant to this section, the county commission shall file with the judge of probate of the county a certified copy of the resolution, together with a map of the county showing the boundaries of the revised districts.
(Acts 1992, 1st Ex. Sess., No. 92-1, p. 3, §§1-5.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-3/article-1/section-11-3-1-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 3 - County Commission.›Article 1 - General Provisions.›Section 11-3-1.2 - Contesting County Commission Redistricting or Reapportionment Actions.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 3 - County Commission. › Article 1 - General Provisions. › Section 11-3-1.2 - Contesting County Commission Redistricting or Reapportionment Actions.
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Section 11-3-1.2
Contesting county commission redistricting or reapportionment actions.
Any legal action which contests or challenges the validity or any county commission redistricting or reapportionment action by a county commission pursuant to its authority under Section 11-3-1.1, or seeks to require the county commission to exercise its authority pursuant to Section 11-3-1.1, shall be commenced in the circuit court of the county for which the county commission redistricting or reapportionment plan was or allegedly should have been adopted.
(Act 2001-728, 2nd Sp. Sess., p. 206, §3.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-3/article-1/section-11-3-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 3 - County Commission.›Article 1 - General Provisions.›Section 11-3-3 - Bond of Commissioners.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 3 - County Commission. › Article 1 - General Provisions. › Section 11-3-3 - Bond of Commissioners.
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Section 11-3-3
Bond of commissioners.
Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
(Acts 1932, Ex. Sess., No. 290, p. 284; Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §75; Act 2007-488, p. 1037, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-3/article-1/section-11-3-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 3 - County Commission.›Article 1 - General Provisions.›Section 11-3-2 - Eligibility of Commissioners to Serve on Public Boards, Etc.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 3 - County Commission. › Article 1 - General Provisions. › Section 11-3-2 - Eligibility of Commissioners to Serve on Public Boards, Etc.
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Section 11-3-2
Eligibility of commissioners to serve on public boards, etc.
(a) Subject to the restrictions of Section 280 of the Constitution of Alabama of 1901, and the laws of this state, any member of a county commission may be appointed to and may serve on public boards, commissions, and authorities within this state unless otherwise prohibited by law. Except where otherwise specifically authorized or required by general state or federal law, only one member from a particular county commission may serve on any particular public board, commission, or authority. Notwithstanding the foregoing, this subsection shall not be interpreted to authorize a county commission to appoint a member to serve on the board of any authority, corporation, or association organized pursuant to Chapter 21 of Title 22 unless the appointment is authorized in the articles of incorporation of the authority, corporation, or association.
(b) All service on a board, commission, or authority by a member of a county commission prior to September 1, 2007, meeting the requirements of subsection (a) and all actions taken by any member of a county commission acting in his or her official capacity on the board, commission, or authority are ratified and confirmed.
(c) A member of a county commission shall not be reimbursed for expenses by both the public board, commission, or authority, and the county commission on which he or she serves. The member may elect to be reimbursed from either the public board, commission, or authority, or the county commission.
(Code 1852, §699; Code 1867, §827; Code 1876, §741; Code 1886, §821; Code 1896, §953; Code 1907, §3308; Code 1923, §6750; Code 1940, T. 12, §7; Acts 1945, No. 355, p. 574; Act 99-703; 2nd Sp. Sess., p. 220, §1; Act 2007-488, p. 1037, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-3/article-1/section-11-3-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 3 - County Commission.›Article 1 - General Provisions.›Section 11-3-4 - Reimbursement of Travel Expenses of Commissioners.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 3 - County Commission. › Article 1 - General Provisions. › Section 11-3-4 - Reimbursement of Travel Expenses of Commissioners.
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Section 11-3-4
Reimbursement of travel expenses of commissioners.
Each member of the county commission, including the judge of probate when he or she serves as chair of the county commission shall be entitled to reimbursement of all actual travel expenses, other than mileage, and mileage at the mileage rate allowed by the Internal Revenue Code for income tax deduction while traveling in his or her personal vehicle within or outside of the county, in performing the duties of the office of county commissioner. Reimbursement shall be paid on warrants drawn on the county treasury on the order of the county commission provided he or she presents proper documentation of such expenses under procedures adopted by the county commission and in compliance with Article 1, commending with Section 36-7-1, of Chapter 7 of Title 36. This section shall not operate to repeal or amend any local law affecting any county with respect to the matters contained in this section. In the discretion of the county commission, the mileage reimbursement authorized herein may be paid out of the county gasoline tax revenues when the mileage is incurred by a member while occupied in the discharge of his or her duties in inspecting, accepting, building, repairing, or supervising any of the county roads or bridges. Travel reimbursement based on number of miles traveled and/or actual expenses incurred shall not be deemed to constitute salary compensation under this section, Section 11-3-4.1, or Chapter 2A of this title.
(Code 1852, §697; Code 1867, §825; Code 1876, §739; Code 1886, §834; Code 1896, §967; Code 1907, §3322; Code 1923, §6771; Acts 1939, No. 662, p. 1049, §1; Code 1940, T. 12, §28; Acts 1953, No. 880, p. 1182; Acts 1959, No. 172, p. 697; Acts 1980, No. 80-808, p. 1663; Acts 1991, No. 91-550, p. 1013, §1; Act 2004-519, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-3/article-1/section-11-3-4-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 3 - County Commission.›Article 1 - General Provisions.›Section 11-3-4.1 - Compensation of Commissioners.
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 3 - County Commission. › Article 1 - General Provisions. › Section 11-3-4.1 - Compensation of Commissioners.
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Section 11-3-4.1
Compensation of commissioners.
(a) For the purposes of this section, Section 11-3-4, and Chapter 2A of this title, the following terms shall have the following meanings:
(1) COUNTY COMMISSION CHAIRMAN. Those persons elected or appointed to such office by any and all lawful means but, except where specifically provided, shall not include those persons who serve as chair by virtue of their having been elected or appointed as judge of probate of the county.
(2) COMPENSATION. All salary, expense allowance, or any other compensation received for serving as commissioner or chair of the county commission, but shall not include any reimbursement for mileage traveled or actual and necessary expenses incurred which are otherwise payable by law.
(3) LOCAL LAW. Any and all applicable statutes that apply to any part of the state which is less than the whole and shall include statutes otherwise known as "general laws of local application" or "population bracket acts."
(b) No county commissioner shall receive compensation for serving as such officer, that is less than $14,600.00 per year. No county commission chairman shall receive compensation for serving as such officer, that is less than $18,600.00 per year.
(c) No county commissioner that is required by local law to serve full time as county commissioner, shall receive compensation for serving as such officer, that is less than $25,000.00 per year. No county commission chairman that is required by local law to serve full time as county commission chairman, shall receive compensation for serving as such officer, that is less than $30,000.00 per year.
(d) The provisions of this section shall in no way affect the compensation of county commissioners or county commission chairmen whose compensation is in excess of the minimum provided herein. Nor shall such provisions in any way affect subsequent local laws or general laws which provide compensation in excess of such minimums. Nor shall such provisions apply unless approved by a resolution of the county governing body. The resolution to adopt the pay raise must be published in the local newspaper for four consecutive weeks before the commission takes final action on the resolution. The provisions of this section shall in no way affect the compensation of judges of probate. All compensation affected hereby shall be payable from the respective county's general fund or any other fund from which the officer's compensation may now be paid by law.
(e) The provisions of this section which serve to increase any commissioner's or county commission chair's compensation shall not take effect until the first day of the next term of office for the official; provided however where the county commission members' terms do not run concurrently, any increase provided under this section shall become effective as to all the members thereof immediately after the expiration of the term or terms of office of the member or members whose term or terms first expire.
(f) This section shall be read in para materia with Chapter 2A of this title and where a county is covered by the provisions of that chapter, this section shall be applicable only for the purpose of the calculation of annual minimum compensation to be paid to a county commissioner pursuant to subdivision (2) of Section 11-2A-2.
(Acts 1982, No. 82-552, p. 912; Acts 1985, No. 85-365, p. 309; Act 2004-519, §1.)
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https://law.justia.com/codes/alabama/title-11/title-1/chapter-3/article-1/section-11-3-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 11 - Counties and Municipal Corporations.›Title 1 - Provisions Applicable to Counties Only.›Chapter 3 - County Commission.›Article 1 - General Provisions.›Section 11-3-5 - Awarding of Contracts, etc., With Related Family and Business Interests; Employment...
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2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 3 - County Commission. › Article 1 - General Provisions. › Section 11-3-5 - Awarding of Contracts, etc., With Related Family and Business Interests; Employment of Family Members.
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Section 11-3-5
Awarding of contracts, etc., in which county interested to relatives by commissioner.
(a) Except where a contract for goods or services is competitively bid regardless of whether bidding is required under Alabama's competitive bid law, no member of any county commission and no business with which any county commissioner is associated shall be a party to any contract with the county commission on which he or she serves. Except where a contract for goods or services is competitively bid regardless of whether bidding is required under Alabama's competitive bid law, no county commission shall award any contract to a family member of a county commissioner. Under no circumstances shall a county commissioner participate in the bid preparation or review of a bid received from the county commissioner, a business with which he or she is associated, or a family member of the county commissioner and a county commissioner shall not deliberate or vote on acceptance of a bid submitted by the county commissioner, a business with which he or she is associated, or a family member of the county commissioner.
(b) No county commissioner shall employ a family member to do any work for the county ; provided, however, the family member of a county commissioner may be employed by the county if the family member is hired pursuant to a county personnel policy that does not require a vote of the county commission or if the county commissioner does not participate in the hiring process through recommendation, deliberation, vote, or otherwise.
(c) Any county commissioner in violation of this section shall be guilty of a Class A misdemeanor.
(d) In compliance with Section 36-25-11, any contract executed with a member of the county commission or with a business with which a county commissioner is associated shall be filed with the Ethics Commission within 10 days after the contract has been executed. Any contract executed in violation of this section shall be void by operation of law and any person employed by the county in violation of this section shall forfeit his or her employment by operation of law. For the purposes of this section, the definition of family member shall be the same as the definition in subdivision (15) of Section 36-25-1 for the family member of a public official.
(Acts 1923, No. 477, p. 630; Code 1923, §5076; Code 1940, T. 12, §29; Act 2015-53, §1.)
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