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Article 1 - General and Miscellaneous Provisions.
Part 1 - Disclaimer.
Section 45-48-10 - Disclaimer. - (a) This chapter endeavors to add to the Code of...
Article 2 - Alcoholic Beverages.
Section 45-48-20 - Regulation of Sale of Alcoholic Beverages on Sunday. - (a) The city council of each municipality in Marshall County,...
Article 4 - Business, Labor, and Occupations.
Section 45-48-40 - Branch Banking Authorized. - (a) Any bank, incorporated under the laws of this state...
Article 5 - Constables.
Section 45-48-50 - Office Abolished. - In Marshall County, the office of constable provided for in...
Article 6 - Coroner.
Section 45-48-60 - Expense Allowance. - (a) The Coroner of Marshall County shall be entitled to...
Section 45-48-60.01 - Expenses for Operation; Deputy Coroners; Compensation. - (a) The Marshall County Commission may appropriate and expend county...
Article 7 - County Commission.
Part 1 - Creation.
Division 1 - Original Powers and Duties.
Section 45-48-70 - County Governing Body. - The Commission on Government and Finance of Marshall County, created...
Section 45-48-70.01 - Composition. - The commission shall consist of a chair and four associate...
Section 45-48-70.02 - Commission Chair. - The Chair of the Commission on Government and Finance of...
Section 45-48-70.03 - Associate Commissioners. - The associate members of the Commission on Government and Finance...
Section 45-48-70.04 - Districts Defined. - For the purposes of this subpart, and for future election...
Section 45-48-70.05 - Election of Commission. - At the general election immediately prior to the expiration date...
Section 45-48-70.06 - Qualifications for Election. - Each candidate for election to the commission at the general...
Section 45-48-70.07 - Vacancies Filled. - Each district of Marshall County shall be entitled to one...
Section 45-48-70.08 - Commission Members Bonded. - Each member of the commission, before entering upon the duties...
Section 45-48-70.09 - Sessions. - The commission shall hold regular sessions on the second and...
Section 45-48-70.10 - Contingency Fund. - The commission shall have the power, and is hereby authorized...
Section 45-48-70.11 - Expenses for Travel on Official Business. - The members of the commission shall each be reimbursed actual...
Section 45-48-70.12 - County Highway Program. - The commission shall provide for a county highway program for...
Section 45-48-70.13 - Equipment Marking Designated. - It shall be the duty of the commission to provide...
Section 45-48-70.14 - Annual Inventory of All Property. - It shall be the duty of each member of the...
Section 45-48-70.15 - Work Prohibited on Private Property Except in Certain Cases. - The use of any county equipment, materials, or supplies or...
Section 45-48-70.16 - Work in Municipalities. - No work shall be authorized or performed by the commission...
Section 45-48-70.17 - Annual Budgets. - It shall be the duty of the commission at some...
Section 45-48-70.18 - Public Hearing Required for Issuance of Tax Anticipation Warrants. - The commission shall not issue any tax anticipation warrants, revenue...
Section 45-48-70.19 - Purchasing. - (a) No warrant shall be issued or check drawn on...
Section 45-48-70.20 - Purchasing of Used Equipment Prohibited. - No used or secondhand trucks or road machinery shall be...
Section 45-48-70.21 - Competitive Bid Procedures. - The commission shall comply with the state bid law applying...
Section 45-48-70.22 - Leasesale, Rental Contracts. - All leasesale contracts and contracts for the rental or hire...
Section 45-48-70.23 - Contracting for the Purchase of Expendable Items. - Expendable materials and supplies including gasoline, fuel, oil, tires, pipe,...
Section 45-48-70.24 - Emergency Purchasing. - Each member of the commission shall have emergency purchasing authority...
Division 2 - Cumulative Powers and Duties.
Section 45-48-70.50 - Powers and Duties of Chair. - The Chair of the Marshall County Commission shall have the...
Section 45-48-70.51 - Annual Budget Estimates. - On or before July 31 of each year the associate...
Section 45-48-70.52 - Annual Income Estimate. - On or before August 15 of each year the chair...
Section 45-48-70.53 - Tentative Budget. - Not later than August 31 of each year the chair...
Section 45-48-70.54 - Budgetary Priorities. - County offices, departments, boards, and agencies shall be given preference...
Section 45-48-70.55 - Final Budget. - (a) Within a reasonable time after the invitation for questions...
Section 45-48-70.56 - Purchasing and Contract Limitations; Liability; Emergency Situations; Penalties. - (a) It shall be unlawful for the commission or any...
Section 45-48-70.57 - Chief Clerk. - (a) The chair of the commission may employ a chief...
Section 45-48-70.58 - Reimbursement for Costs of Meals. - The commissioners may be reimbursed for the actual costs of...
Section 45-48-70.59 - Violations. - Any person who willfully violates this subpart, in addition to...
Section 45-48-71.60 - Custodian of Voting Machines - Ratification of Prior Salaries. - Any salary heretofore paid by the county commission to the...
Section 45-48-70.61 - Custodian of Voting Machines - Determination of Salary. - The Marshall County Salary Commission, created by Acts 1975, No....
Section 45-48-70.62 - Purchase of Used Equipment. - The county commission shall in addition have authority to purchase...
Part 2 - Districts.
Section 45-48-71 - Single Member Districts. - Pursuant to the authority of Section 11-3-1.1, the Marshall County...
Part 3 - Full-Time Membership.
Section 45-48-72 - Full-Time Position; Compensation. - The positions of county commissioner and county commission chair of...
Article 8 - Courts.
Part 1 - Court Costs.
Section 45-48-80 - Additional Court Costs - Child Protection. - (a) In order to further provide for the protection and...
Section 45-48-80.01 - Additional Court Costs - Divorce Cases. - (a) In addition to any court costs and fees now...
Section 45-48-80.02 - Additional Court Costs - Law Library, Judicial Technology, and Judicial Administration Fund. - REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-141 EFFECTIVE...
Section 45-48-80.03 - Solicitor's Fee; Fair Trial Tax Fund. - (a) In all juvenile, traffic, criminal, and quasi-criminal cases in...
Section 45-48-80.04 - Law Library, Judicial Technology, and Judicial Administration Fund; Presiding Circuit Judge's Judicial Administration Fund. - (a)(1) In Marshall County, in order to provide a special...
Section 45-48-80.05 - Fee for Service of Failure to Appear Warrants. - (a) In Marshall County, in addition to any and all...
Part 2 - District Court.
Section 45-48-81 - Compensation. - The County Commission of Marshall County is hereby authorized, empowered,...
Part 3 - District Attorney.
Division 1 - Compensation.
Section 45-48-82 - Expense and Automobile Allowance. - The District Attorney of the Twenty-seventh Judicial Circuit shall receive,...
Section 45-48-82.01 - Additional Expense Allowance. - In Marshall County, the elected district attorney in the Twenty-seventh...
Division 2 - Funding.
Section 45-48-82.20 - District Attorney's Fund. - All district attorney's fees taxed as costs and collected in...
Part 4 - Jurisdiction.
Section 45-48-83 - Holding Court in Guntersville Division. - At anytime the Guntersville Courthouse in Marshall County is damaged,...
Section 45-48-83.01 - Filing and Venue of Civil and Criminal Cases. - (a) Any civil or criminal action filed in the district...
Part 5 - Jury Commisison.
Section 45-48-84 - Expense Allowance. - (a) In Marshall County, in addition to any and all...
Part 6 - Probate Court.
Division 1 - Fees.
Section 45-48-85 - Renewal of Business License by Mail. - The Judge of Probate of Marshall County is hereby authorized...
Section 45-48-85.01 - Registration of Boats by Mail. - The Marshall County Judge of Probate shall mail forms to...
Section 45-48-85.02 - Special Recording Fee. - (a) In Marshall County, a special recording fee of five...
Division 2 - Motor Vehicle License and Title Division.
Section 45-48-85.20 - License Division Created. - There is hereby created within the Probate Office of Marshall...
Section 45-48-85.21 - Duties; Commissions and Fees. - The judge of probate shall perform all duties relating to...
Section 45-48-85.22 - Recordkeeping. - The judge of probate shall keep at all times an...
Section 45-48-85.23 - Charge and Collection of Fees. - Except as herein provided, the judge of probate shall be...
Section 45-48-85.24 - Payment of Tax Required for Issuance of Fees. - To prevent motor vehicles from escaping taxation and to provide...
Section 45-48-85.25 - Assessments. - Before any vehicles can be assessed, the judge of probate...
Section 45-48-85.26 - Application and Renewal by Mail. - The judge of probate shall mail an application for renewal...
Section 45-48-85.27 - Procedures Governing Noncollectible Negotiable Instruments. - (a) In Marshall County, when a negotiable instrument, such as...
Division 3 - Recording of Instruments.
Section 45-48-85.50 - Instrument Requirements; Liability. - (a) The Judge of Probate of Marshall County shall not...
Article 9 - Economic and Industrial Development and Tourism. -
Article 10 - Education.
Part 1 - General.
Section 45-48-100 - Election. - The Marshall County Superintendent of Education and the members of...
Part 2 - Board of Education.
Section 45-48-101 - Expense Allowance. - (a) Each member of the Marshall County Board of Education...
Division 2 - Membership.
Section 45-48-101.20 - Composition; Conduct of Elections. - (a) The several members of the Marshall County Board of...
Section 45-48-101.21 - Districts; Representation. - (a) That area known as the Marshall County school system...
Section 45-48-101.22 - Boundaries of Districts. - (a) Following the release of any federal decennial census, the...
Section 45-48-101.23 - Vacancies. - A member appointed to fill a district member vacancy on...
Section 45-48-101.24 - Service of Member Upon Change of District Boundaries. - If the boundaries of a district change, or if redistricting...
Section 45-48-101.25 - Compliance With Federal Law. - The governing body of Marshall County shall take necessary steps...
Section 45-48-101.26 - Applicability of Subpart. - This subpart shall not apply to the individuals who are...
Part 3 - Superintendent of Education.
Section 45-48-102 - Compensation. - (a) The Board of Education of Marshall County is hereby...
Article 11 - Elections.
Part 1 - Compensation.
Section 45-48-110 - Per Diem and Mileage Allowances. - In Marshall County, the returning officer, inspector, and clerks who...
Part 2 - Voting Machines.
Section 45-48-111 - Voting Machines Provided for Elections. - The county governing body shall provide voting machines for all...
Section 45-48-111.01 - Voting by Electors; Voting Machines Numbered. - No elector shall vote at any voting place other than...
Section 45-48-111.02 - Designation and Consolidation of Voting Places. - (a) Subject to subsection (b), the county governing body of...
Section 45-48-111.03 - Custodian of Voting Machines. - A custodian of voting machines shall be appointed by a...
Section 45-48-111.04 - Representative of Candidate Authorized to Observe Conduct of Election. - Any candidate in an election shall have the right to...
Section 45-48-111.05 - Demand for Recanvass. - Any candidate in an election shall have the right to...
Article 12 - Employees.
Part 1 - Benefits.
Section 45-48-120 - Payment of Life Insurance Premiums. - The County Commission of Marshall County may pay all or...
Part 2 - Civil Service System.
Section 45-48-121 - Definitions. - As used in this part, unless the context clearly requires...
Section 45-48-121.01 - Applicability. - This part shall apply to all officials and employees in...
Section 45-48-121.02 - Application of Rules; Removal for Cause. - All employees to whom this part applies shall be governed...
Section 45-48-121.03 - Personnel Board Created; Composition. - THIS SECTION WAS AMENDED BY ACT 2022-366 IN THE 2022...
Section 45-48-121.04 - Expense Allowance. - THIS SECTION WAS AMENDED BY ACT 2022-366 IN THE 2022...
Section 45-48-121.05 - Meetings. - The board shall fix the times for its regular meetings...
Section 45-48-121.06 - Recordkeeping. - The board shall keep minutes of its meetings and a...
Section 45-48-121.07 - Promulgation of Rules. - (a) The board shall make rules and regulations governing examinations,...
Section 45-48-121.08 - Register of Persons Eligible and Available. - The personnel board shall make or contract with the State...
Section 45-48-121.09 - Vacancies; Appointment From Eligible Register. - Whenever a vacancy exists in any position in the service...
Section 45-48-121.10 - Suspensions; Hearings. - An appointing authority by written notice to the merit employee...
Section 45-48-121.11 - Removal, Discharge, or Demotion of Employee; Proceedings; Appeal. - (a) The county commission, any member of the governing body,...
Section 45-48-121.12 - Political Activity. - No employee shall be required to make, solicit, or receive...
Section 45-48-121.13 - Compensation of County Employees. - (a) The county shall pay the county employees the salary...
Section 45-48-121.14 - Compensation of Board Members. - The compensation and all other expenses of the board arising...
Section 45-48-121.15 - Violations. - Any merit employee who willfully violates this part, or any...
Article 13 - Engineer, County.
Section 45-48-130 - Engineer Employed. - The commission shall employ a county engineer, who shall be...
Section 45-48-130.01 - Duties of Engineer. - It shall be the duty of the county engineer: (1)...
Section 45-48-130.02 - Role of County Engineer in Purchasing. - The county engineer is hereby designated as the person authorized...
Section 45-48-130.03 - Engineer Bonded. - Before entering upon his or her duties, the county engineer...
Section 45-48-130.04 - Engineer Compensation. - The commission shall fix the amount of the salary of...
Article 14 - Fire Protection and Emergency Medical Services.
Part 1 - Emergency Telephone Service.
Section 45-48-140 - Board of Commissioners. - (a) Notwithstanding any other provision of law including, but not...
Part 2 - Forest Protection Program.
Section 45-48-141 - Protection of Forests. - The County Commission of Marshall County is authorized, when the...
Section 45-48-141.01 - Financial Charge - Authorized; Payment. - (a) After the Marshall County Commission has determined that such...
Section 45-48-141.02 - Financial Charge - Determination. - The county governing body of Marshall County is authorized to...
Section 45-48-141.03 - Financial Charge - Collection and Disposition. - The financial charge herein imposed shall be due and payable...
Section 45-48-141.04 - Removal of Financial Charge. - The County Commission of Marshall County is authorized to remove...
Part 3 - Volunteer Fire Districts.
Division 1 - Cooperative Agreements.
Section 45-48-142 - Centralized Purchasing System. - In order that the several volunteer fire departments throughout Marshall...
Division 2 - Districts.
Section 45-48-142.20 - Legislative Findings. - The Legislature declares that volunteer fire districts which receive funds...
Section 45-48-142.21 - Establishment of Volunteer Fire Districts. - The Marshall County Commission may establish one or more volunteer...
Section 45-48-142.22 - Plan; Existing and New Voluntary Fire Districts. - (a) The Marshall County Commission shall request the Marshall County...
Section 45-48-142.23 - Fire Protection Service Fee - Referendum. - (a) After the county commission establishes a fire district, the...
Section 45-48-142.24 - Fire Protection Service Fee - Approval, Construction and Application; Subsequent Referenda. - (a) If a majority of the votes cast at the...
Section 45-48-142.25 - Fire Protection Service Fee - Homestead Exemption for Persons With a Disability Over Age 65. - Any person who meets the requirements of Section 40-9-19 and...
Section 45-48-142.26 - Fire Protection Service Fee Collection and Disposition. - (a) The fire protection service fee shall be collected, administered,...
Section 45-48-142.27 - Election Procedures. - (a) The provision of the election laws governing the registration...
Section 45-48-142.28 - Transfer of Funds Upon Dissolution or Abandonment of Eligible Volunteer Fire District. - Upon dissolution or abandonment of any eligible volunteer fire district,...
Section 45-48-142.29 - Exemption From Taxes, Fees, Etc. - A fire district shall be exempt from all taxes levied...
Section 45-48-142.30 - Status and Liability of Personnel. - The personnel of volunteer fire districts provided for in this...
Section 45-48-142.31 - Construction; Powers to Set District Lines. - The provisions of this subpart are supplemental and shall not...
Article 16 - Government Operations.
Part 1 - Liability for Monetary Loss.
Section 45-48-160 - Reimbursement; Due Care Required. - (a) The Marshall County governing body shall reimburse the offices...
Part 2 - Distribution of Tva Payments.
Section 45-48-161 - Disposition of Funds. - In each fiscal year, the distribution of the share of...
Part 3 - Distribution of Additional Tva Payments.
Section 45-48-162 - Disposition of Funds. - (a) The increase in TVA in-lieu-of-taxes payments to Marshall County...
Article 17 - Health and Environment.
Section 45-48-170 - Board of Health Fees. - (a) The Marshall County Board of Health shall designate the...
Article 23 - Sheriff.
Part 1 - Employees.
Section 45-48-230 - Employees; Feeding Prisoners. - (a) The Sheriff of Marshall County may employ, subject to...
Section 45-48-230.01 - Expense Allowance. - The Sheriff of Marshall County shall be entitled to receive...
Section 45-48-230.02 - Annual Salary. - (a) Effective the next term of office, the annual salary...
Division 2 - Continuing Education.
Section 45-48-230.20 - Training and Continuing Education Requirements. - (a) All employees of the Marshall County Sheriff's Office shall...
Division 3 - Reserve Officers.
Section 45-48-230.40 - Sheriff Reserve Officers. - (a) The Sheriff of Marshall County is hereby authorized to...
Division 4 - Retirement.
Section 45-48-230.60 - Receipt of Badge, Pistol, etc., Upon Retirement. - Any individual employed by the Marshall County Sheriff's Office as...
Part 2 - Funding.
Division 1 - Operation of Office.
Section 45-48-231 - Expenditures; Disposal of Property; Violations. - For the time period from the end of the primary...
Division 2 - Sale of Abandoned, Stolen, and Unclaimed Property.
Section 45-48-231.20 - Public Auction. - The Sheriff of Marshall County shall sell, at public auction,...
Section 45-48-231.21 - Records of Abandoned and Stolen Property; Storage; Perishable Property. - The Sheriff of Marshall County shall keep and maintain a...
Section 45-48-231.22 - Notice and Sale of Stolen or Abandoned Property. - Except for perishable property sold pursuant to Section 45-48-231.01, at...
Section 45-48-231.23 - Redemption of Property. - The owner of abandoned or stolen personal property recovered by...
Section 45-48-231.24 - Form of Payment; Record of Sale; Rejection of Bid. - Whenever any property is sold at public auction, the sale...
Section 45-48-231.25 - Transfer of Title. - The purchaser at any sale conducted by the sheriff's department...
Section 45-48-231.26 - Disposition of Sale. - The net proceeds from any auction after deducting and paying...
Division 3 - Fund Raising Events.
Section 45-48-231.40 - Fundraising. - (a) In Marshall County, the sheriff may conduct fund-raising events...
Part 3 - Jails.
Section 45-48-232 - Jail Store and Inmate Telephone System. - (a) The Sheriff of Marshall County or the authorized agents...
Part 4 - Pistol Permit.
Section 45-48-233 - Pistol Permit Fee. - (a) In Marshall County the fee for issuance of a...
Part 5 - Service of Process.
Section 45-48-234 - Methods of Service. - (a) In the courts of Marshall County subpoenas requiring the...
Article 24 - Taxation.
Part 1 - Board of Equalization.
Section 45-48-240 - Methods of Service. - (a) In Marshall County, in addition to any and all...
Part 2 - Office of Revenue Commissioner.
Division 1 - Consolidated Office.
Section 45-48-241 - Election of County Revenue Commissioner; Term of Office. - Effective October 1, 2003, there shall be a county revenue...
Section 45-48-241.01 - Duties of County Revenue Commissioner. - The county revenue commissioner shall perform all acts, duties, and...
Section 45-48-241.02 - Personnel. - Subject to the approval of the county commission, the county...
Section 45-48-241.03 - Bond. - Before entering the duties of his or her office, the...
Section 45-48-241.04 - Office Space and Equipment. - The county commission shall provide the necessary offices for the...
Section 45-48-241.05 - Performance of Duties; Compensation. - The county revenue commissioner shall collect and pay into the...
Section 45-48-241.06 - Abolition of Offices; Transfer of Personnel. - (a) The offices of tax assessor and tax collector are...
Division 2 - Decals and Fees.
Section 45-48-241.30 - Issuance of Mobile Home Identification Decals by Mail. - (a)(1) The tax collector in Marshall County, with the approval...
Section 45-48-241.31 - Additional Motor Vehicle Tag Fees Authorized. - (a)(1) For purposes of this section, the term motor vehicle...
Division 3 - Real Property.
Section 45-48-241.50 - Sale and Redemption of Lands. - The procedure for selling and redeeming lands for taxes in...
Section 45-48-241.51 - Reappraisal of Taxable Property. - (a) Pursuant to Division 1, commencing with Section 40-7-60, of...
Division 4 - Budgetary Operations.
Section 45-48-241.70 - Financing of Office. - (a) The Revenue Commissioner of Marshall County shall be responsible...
Part 3 - Tax, Alcohol.
Section 45-48-242 - Additional Tax on Wholesale Price of Spirituous or Vinous Liquors. - In Marshall County, in addition to all other taxes of...
Section 45-48-242.01 - Sales Tax on Wholesale and Retail Price of Spirituous or Vinous Liquors. - Pursuant to the authority granted in Section 104 of the...
Section 45-48-242.02 - Levy, Collection, and Distribution of Certain Taxes on Alcoholic Beverages. - (a) Notwithstanding any other laws, the taxes levied and collected...
Part 4 - Tax, Gasoline.
Section 45-48-243 - Levy and Collection of Taxes. - (a) The State Department of Revenue is hereby authorized and...
Part 5 - Tax, Lodging.
Division 1 - Countywide Tax.
Section 45-48-244 - Levy of Tax. - In addition to all other taxes imposed by law, there...
Section 45-48-244.01 - Exemptions. - There are exempted from the tax levied by this subpart...
Section 45-48-244.02 - Monthly Report; Records; Penalties. - (a) The taxes levied by this subpart, except as otherwise...
Section 45-48-244.03 - Application of State Statutes. - All provisions of the state lodging tax statutes with respect...
Section 45-48-244.04 - Severability. - None of the provisions of this subpart shall be applied...
Section 45-48-244.05 - Cost of Collection. - The State Department of Revenue shall charge Marshall County for...
Section 45-48-244.06 - Disposition of Funds. - The Marshall County Treasurer shall deposit the net proceeds of...
Division 2 - Lake Guntersville State Park.
Section 45-48-244.30 - Collection and Distribution of Lodgings Taxes. - In Marshall County, all laws to the contrary notwithstanding, all...
Part 6 - Tax, Sales, & Use.
Section 45-48-245 - Levy of Tax for Public School Purposes. - (a) In order to provide funds for the benefit of...
Part 7 - Tax, Severance.
Section 45-48-246 - Levy and Collection of Tax. - (a) The Marshall County Commission may levy from each producer...
Part 8 - Tax, Tobacco.
Section 45-48-247 - Levy of Tax. - (a) The Marshall County Commission is hereby authorized to impose...
Section 45-48-247.01 - Tax to Be Added to Sales Price of Tobacco Products. - (a) Upon adoption of a resolution by the Marshall County...
Section 45-48-247.02 - Violations. - It shall be unlawful for any dealer, storer, or distributor...
Section 45-48-247.03 - Tobacco Stamps. - The tax hereby authorized shall be paid by affixing stamps...
Section 45-48-247.04 - Rulemaking Authority. - The State Department of Revenue is hereby authorized to promulgate...
Section 45-48-247.05 - Application of Laws, Rules, and Regulations. - All laws, and rules and regulations of the Department of...
Section 45-48-247.06 - Application. - (a) None of the provisions of this part shall be...
Section 45-48-247.07 - Construction. - The provisions of this part shall be construed in pari...
Article 25 - Utilities.
Section 45-48-250 - Transfer of Water Prohibited Under Certain Conditions. - (a) The Legislature of the State of Alabama finds the...