(a) A personal representative is a fiduciary. Except as otherwise provided by the terms of the will, the personal representative shall observe the standards in dealing with the estate that would be observed by a prudent person dealing with the property of another. If the personal representative has special skills or is named personal representative on the basis of representations of special skills or expertise, the personal representative is under a duty to use those skills. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and Title 43, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon personal representatives by law, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.
(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a proceeding questioning the personal representative’s appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor or dependent child, and any pretermitted child of the decedent.
(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
","history":"(Acts 1993, No. 93-722, p. 1411, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41868,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40957,"codeId":8337,"versionId":6626,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-834","shortTitle":"Section 43-2-834","catchLine":"Personal Representative to Proceed Without Court Order; Exception.","title":"Section 43-2-834 Personal Representative to Proceed Without Court Order; Exception.","sectionRange":null,"content":"A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate, and except as otherwise specified by law or ordered by the court, shall do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court to resolve any questions concerning the estate or its administration.
","history":"(Acts 1993, No. 93-722, p. 1411, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41869,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40958,"codeId":8344,"versionId":6631,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-835","shortTitle":"Section 43-2-835","catchLine":"Duty of Personal Representative; Inventory and Appraisement.","title":"Section 43-2-835 Duty of Personal Representative; Inventory and Appraisement.","sectionRange":null,"content":"(a) Within two months after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall file an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent’s death, and the type and amount of any encumbrance that may exist with reference to any item.
(b) The personal representative shall send a copy of the inventory to interested persons who request it. If the testator, by express provision in the will to that effect, exempts the personal representative from filing an inventory, the personal representative shall not be required to file the initial inventory, or any supplement thereto, with the court, unless in the opinion of the court, the estate is likely to be wasted, to the prejudice of any interested person.
","history":"(Acts 1993, No. 93-722, p. 1411, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41870,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40959,"codeId":8349,"versionId":6634,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-836","shortTitle":"Section 43-2-836","catchLine":"Duty of Personal Representative; Supplementary Inventory.","title":"Section 43-2-836 Duty of Personal Representative; Supplementary Inventory.","sectionRange":null,"content":"If any property not included in the initial inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the initial inventory for any item is erroneous or misleading, the personal representative shall make a supplement to the initial inventory or appraisement showing the market value as of the date of the decedent’s death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the initial inventory was filed, or furnish copies thereof to persons interested in the new information.
","history":"(Acts 1993, No. 93-722, p. 1411, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41871,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40960,"codeId":8356,"versionId":6640,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-837","shortTitle":"Section 43-2-837","catchLine":"Duty of Personal Representative; Possession of Estate.","title":"Section 43-2-837 Duty of Personal Representative; Possession of Estate.","sectionRange":null,"content":"Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. A request in writing by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, receive the income therefrom, and pay the expenses reasonably necessary for the management, protection, and preservation of, the estate in the possession of the personal representative. The personal representative may maintain an action to recover possession of property or to determine the title thereto.
","history":"(Acts 1993, No. 93-722, p. 1411, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41872,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40961,"codeId":8361,"versionId":6643,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-838","shortTitle":"Section 43-2-838","catchLine":"Power to Avoid Transfers.","title":"Section 43-2-838 Power to Avoid Transfers.","sectionRange":null,"content":"The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in law void or voidable as against creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
","history":"(Acts 1993, No. 93-722, p. 1411, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41873,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40962,"codeId":8367,"versionId":6650,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-839","shortTitle":"Section 43-2-839","catchLine":"Powers of Personal Representatives; in General.","title":"Section 43-2-839 Powers of Personal Representatives; in General.","sectionRange":null,"content":"Until termination of the appointment, a personal representative has the same power over the title to property of the estate, subject to Sections 43-2-843 and 43-2-844, that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.
","history":"(Acts 1993, No. 93-722, p. 1411, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41874,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40963,"codeId":8374,"versionId":6655,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-840","shortTitle":"Section 43-2-840","catchLine":"Improper Exercise of Power; Breach of Fiduciary Duty.","title":"Section 43-2-840 Improper Exercise of Power; Breach of Fiduciary Duty.","sectionRange":null,"content":"If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of the personal representative’s fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in Sections 43-2-841 and 43-2-842.
","history":"(Acts 1993, No. 93-722, p. 1411, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41875,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40964,"codeId":8381,"versionId":6660,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-841","shortTitle":"Section 43-2-841","catchLine":"Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions.","title":"Section 43-2-841 Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions.","sectionRange":null,"content":"Any sale or encumbrance to the personal representative, the personal representative’s spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:
(1) The will or a contract entered into by the decedent expressly authorized the transaction.
(2) The transaction is approved by the court after notice to interested persons.
(3) The transaction is otherwise authorized by law.
","history":"(Acts 1993, No. 93-722, p. 1411, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41876,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40965,"codeId":8384,"versionId":6664,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-842","shortTitle":"Section 43-2-842","catchLine":"Persons Dealing with Personal Representative; Protection.","title":"Section 43-2-842 Persons Dealing with Personal Representative; Protection.","sectionRange":null,"content":"A person who, in good faith, either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised the power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of personal representatives which are endorsed on the letters, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
","history":"(Acts 1993, No. 93-722, p. 1411, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41877,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40966,"codeId":8392,"versionId":6672,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-843","shortTitle":"Section 43-2-843","catchLine":"Transactions Authorized for Personal Representatives; Exceptions.","title":"Section 43-2-843 Transactions Authorized for Personal Representatives; Exceptions.","sectionRange":null,"content":"Except as restricted or otherwise provided by the will or by an order of court and subject to the priorities stated in Section 43-8-76, a personal representative, acting prudently for the benefit of the interested persons, may properly:
(1) Retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment.
(2) Receive assets from fiduciaries, or other sources.
(3) Perform, compromise, or refuse performance of the decedent’s contracts that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may do either of the following:
a. Execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser’s note for the sum remaining due secured by a mortgage or deed of trust on the land.
b. Deliver a deed in escrow with directions that the proceeds when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement.
(4) Satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances.
(5) If funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments which would be reasonable for use by trustees generally.
(6) Abandon personal property when, in the opinion of the personal representative, it is valueless, or is so encumbered, or is in condition that it is of no benefit to the estate.
(7) Vote stocks or other securities in person or by general or limited proxy.
(8) Pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims.
(9) Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held.
(10) Insure the assets of the estate against damage, loss, and liability and the personal representative against liability as to third persons.
(11) Borrow money without security or with security of personal property to be repaid from the estate assets or otherwise; and advance money for the protection of the estate.
(12) Effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge, or other lien upon property of another person, the personal representative may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by the lien.
(13) Pay taxes, assessments, and other expenses incident to the administration of the estate.
(14) Sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.
(15) Enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term not to exceed one year.
(16) Allocate items of income or expense to either estate income or principal, as permitted or provided by law.
(17) Employ necessary persons, including appraisers, attorneys, auditors (who may include certified public accountants, public accountants, or internal auditors), investment advisors, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of administrative duties; act without independent investigation upon recommendations of agents or advisors; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary.
(18) Prosecute or defend claims or proceedings in any jurisdiction for the protection or benefit of the estate and of the personal representative in the performance of duties of the personal representative.
(19) Continue any unincorporated business or venture in which the decedent was engaged at the time of death as provided in any of the following:
a. In the same business form for a period of not more than one year from the date of appointment of a general personal representative if continuation is a reasonable means of preserving the value of the business including good will.
b. In the same business form for any additional period of time that may be approved by order of the court in a proceeding to which the persons interested in the estate are parties.
c. Throughout the period of administration if the business is incorporated by the personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate.
(20) Incorporate any business or venture in which the decedent was engaged at the time of death.
(21) Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate.
(22) Satisfy and settle claims and distribute the estate as provided in Title 43.
","history":"(Acts 1993, No. 93-722, p. 1411, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41878,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40967,"codeId":8401,"versionId":6679,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-844","shortTitle":"Section 43-2-844","catchLine":"Transactions Authorized for Personal Representatives; Prior Court Approval.","title":"Section 43-2-844 Transactions Authorized for Personal Representatives; Prior Court Approval.","sectionRange":null,"content":"Unless expressly authorized by the will, a personal representative, only after prior approval of court, may:
(1) Acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset.
(2) Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, or raze existing or erect new party walls or buildings.
(3) Subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving or receiving considerations; or dedicate easements to public use without consideration.
(4) Enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term of more than one year.
(5) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.
(6) Sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit, and with or without security for any unpaid balance.
(7) Pay compensation of the personal representative.
","history":"(Acts 1993, No. 93-722, p. 1411, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41879,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40968,"codeId":8411,"versionId":6689,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-845","shortTitle":"Section 43-2-845","catchLine":"Powers and Duties of Successor Personal Representative.","title":"Section 43-2-845 Powers and Duties of Successor Personal Representative.","sectionRange":null,"content":"A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but a successor personal representative shall not exercise any power expressly made personal to the personal representative named in the will.
","history":"(Acts 1993, No. 93-722, p. 1411, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41880,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40969,"codeId":8417,"versionId":6695,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-846","shortTitle":"Section 43-2-846","catchLine":"Co-Representatives; When Joint Action Required.","title":"Section 43-2-846 Co-Representatives; When Joint Action Required.","sectionRange":null,"content":"If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply: (i) when any co-representative receives and receipts for property due the estate; (ii) when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate; or (iii) when a co-representative has been delegated to act for the others. Persons dealing with a co-representative, if actually unaware that another has been appointed to serve as co-representative or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
","history":"(Acts 1993, No. 93-722, p. 1411, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41881,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40970,"codeId":8424,"versionId":6700,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-847","shortTitle":"Section 43-2-847","catchLine":"Powers of Surviving Personal Representative.","title":"Section 43-2-847 Powers of Surviving Personal Representative.","sectionRange":null,"content":"Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as personal co-representatives is not appointed, those appointed may exercise all the powers incident to the office.
","history":"(Acts 1993, No. 93-722, p. 1411, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41882,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40971,"codeId":8430,"versionId":6704,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-848","shortTitle":"Section 43-2-848","catchLine":"Compensation of Personal Representative.","title":"Section 43-2-848 Compensation of Personal Representative.","sectionRange":null,"content":"(a) A personal representative is entitled to reasonable compensation for services as may appear to the court to be fair considering such factors that may include, but are not limited to, the novelty and difficulty of the administrative process, the skill requisite to perform the service, the likelihood that the acceptance of the particular employment will preclude other employment, the fee customarily charged in the locality for similar services, the amount involved and the results obtained, the requirements imposed by the circumstances and condition of the estate, the nature and length of the professional relationship with the decedent, the experience, reputation, diligence, and ability of the person performing the services, the liability, financial or otherwise, of the personal representative, or the risk and responsibility involved, which shall not exceed two and one-half percent of the value of all property received and under the possession and control of the personal representative and two and one-half percent of all disbursements.
(b) In addition the court may allow a reasonable compensation for extraordinary services performed for the estate.
(c) If a will provides for compensation, or no compensation, of the personal representative either directly or conditionally and there is no contract with the decedent regarding compensation, the personal representative may renounce the provisions and if no alternate or successor personal representative is willing to serve for the compensation provided in the will for the personal representative, the personal representative in the order of priority provided in the will shall be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A renunciation may be filed with the court.
(d) Nothing in this section shall be construed to limit the right of a decedent or all affected beneficiaries to agree in writing with the personal representative, as to the amount or the method of determining the personal representative’s compensation, which shall be binding on all parties if the appointment is accepted and the agreement is not unconscionable.
","history":"(Acts 1993, No. 93-722, p. 1411, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41883,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40972,"codeId":8436,"versionId":6708,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-849","shortTitle":"Section 43-2-849","catchLine":"Expenses in Estate Litigation.","title":"Section 43-2-849 Expenses in Estate Litigation.","sectionRange":null,"content":"If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate necessary expenses and disbursements, including, but not limited to, reasonable attorneys’ fees incurred.
","history":"(Acts 1993, No. 93-722, p. 1411, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41884,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40973,"codeId":8442,"versionId":6710,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-850","shortTitle":"Section 43-2-850","catchLine":"Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Employees of Estate.","title":"Section 43-2-850 Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Employees of Estate.","sectionRange":null,"content":"On petition or appropriate motion of an interested person, and after notice to all interested persons, the propriety of employment of any person by a personal representative including any attorney, auditor (who may include certified public accountants, public accountants, or internal auditors), investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for the personal representative’s own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
","history":"(Acts 1993, No. 93-722, p. 1411, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41885,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40974,"codeId":8445,"versionId":6712,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-851","shortTitle":"Section 43-2-851","catchLine":"Bond.","title":"Section 43-2-851 Bond.","sectionRange":null,"content":"(a) The court must require a personal representative or special administrator to furnish bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the personal representative’s control, plus one year’s estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844, lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land.
(b) The court may at any time reduce the bond of the personal representative or require the personal representative to provide additional or larger bond as may seem to be proper or necessary to protect the estate and the interests of persons interested in the estate.
(c) Any individual, who is authorized under Chapter 2 of Title 43, to nominate a personal representative by will, may, by express provision in the will, exempt the personal representative from giving bond; and when a provision to that effect is made, the bond must not be required except in the following cases:
(1) When any guardian, conservator, guardian ad litem, other fiduciary, or any person interested in the estate of the decedent makes an affidavit, showing the affiant’s interest and alleging that the interest is, or will be, endangered for want of security.
(2) When, in the opinion of the court, on its own motion, the estate is likely to be wasted, to the prejudice of any person interested therein.
(d) In the cases provided for by subsection (c), upon application for the personal representative to give bond, the personal representative may show cause against applications of the exceptions and must have notice as the court may deem reasonable; but if the personal representative is not in the state, the application may be heard and determined without notice.
","history":"(Acts 1993, No. 93-722, p. 1411, §22; Acts 1995, No. 95-255, p. 427, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41886,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40975,"codeId":8448,"versionId":6714,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-852","shortTitle":"Section 43-2-852","catchLine":"Terms and Requirements of Bonds.","title":"Section 43-2-852 Terms and Requirements of Bonds.","sectionRange":null,"content":"(a) The following requirements and provisions apply to any bond required under Section 43-2-850:
(1) Sureties are jointly and severally liable with the personal representative and with each other.
(2) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the personal representative and naming the surety as a party respondent. Notice of any proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.
(3) On petition of a successor personal representative or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the personal representative.
(4) The bond of the personal representative is not void after the first recovery, but may be proceeded against from time to time until the whole penalty is exhausted.
(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
","history":"(Acts 1993, No. 93-722, p. 1411, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41887,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40976,"codeId":8455,"versionId":6718,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-853","shortTitle":"Section 43-2-853","catchLine":"Application to Existing Estates.","title":"Section 43-2-853 Application to Existing Estates.","sectionRange":null,"content":"(a) Estates filed for probate prior to January 1, 1994, the administration of which continues in effect after January 1, 1994, are unaffected by this article. Those estates continue in effect and administration continues as they existed prior to this article with all the powers and duties previously granted to the personal representative either under the will or by a court; except that a personal representative appointed prior to January 1, 1994, upon petition to and approved by the court, may be governed by this article, and in addition, have the powers and duties of a personal representative enumerated in this article and as further authorized by the court.
(b) Upon election by a previously appointed personal representative to be governed by this article, the court also may approve the bond, reduce the bond, or require additional or larger bond of the personal representative and set fees of the personal representative as provided in this article.
","history":"(Acts 1993, No. 93-722, p.1411, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41888,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40977,"codeId":8462,"versionId":6721,"parentId":8302,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-2-854","shortTitle":"Section 43-2-854","catchLine":"Avoiding Conflicts of Law.","title":"Section 43-2-854 Avoiding Conflicts of Law.","sectionRange":null,"content":"Nothing contained in this article shall be construed to abrogate any right, authority, or discretion conferred upon a personal representative or other fiduciary under any other law.
","history":"(Acts 1993, No. 93-722, p.1411, §26.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41889,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40978,"codeId":8639,"versionId":null,"parentId":43,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"6","shortTitle":"Chapter 6","catchLine":"Escheats.","title":"Chapter 6 Escheats.","sectionRange":"§43-6-2 to §43-6-9","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41890,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40979,"codeId":8640,"versionId":6851,"parentId":8639,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-6-2","shortTitle":"Section 43-6-2","catchLine":"Notice by Representative.","title":"Section 43-6-2 Notice by Representative.","sectionRange":null,"content":"The personal representative of any person leaving property not devised or bequeathed, or where the devisees or legatees are incapable of taking and such representative is unable to ascertain any lawful heirs or distributees or persons capable of taking within six months after the grant of letters testamentary or of administration, must give notice thereof in some newspaper published in the state once a week for three successive weeks; but it shall not be necessary for any personal representative to institute escheat proceedings under this chapter until the debts of the decedent have been paid.
","history":"(Code 1852, §2065; Code 1867, §2457; Code 1876, §2852; Code 1886, §1937; Code 1896, §1753; Code 1907, §3919; Code 1923, §7615; Code 1940, T. 16, §26.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41891,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40980,"codeId":8646,"versionId":6854,"parentId":8639,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-6-3","shortTitle":"Section 43-6-3","catchLine":"Contents of Notice.","title":"Section 43-6-3 Contents of Notice.","sectionRange":null,"content":"Such notice must contain the name of the deceased, as near as may be, a description of his or her person, the place where he or she was or is supposed to have been born, the place where he or she died, or was known to reside, and a description of the property of which he or she died seised and possessed.
","history":"(Code 1852, §2066; Code 1867, §2458; Code 1876, §2853; Code 1886, §1938; Code 1896, §1754; Code 1907, §3920; Code 1923, §7616; Code 1940, T. 16, §27.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41892,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40981,"codeId":8649,"versionId":6856,"parentId":8639,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-6-4","shortTitle":"Section 43-6-4","catchLine":"Disposition of Personalty When No Heir Appears.","title":"Section 43-6-4 Disposition of Personalty When No Heir Appears.","sectionRange":null,"content":"If no heir or person entitled to receive such estate appears or is ascertained within 12 months after such publication, the money and proceeds of the personal assets must be paid to the judge of probate, after deducting the expenses of administration.
","history":"(Code 1852, §2067; Code 1867, §2459; Code 1876, §2854; Code 1886, §1939; Code 1896, §1755; Code 1907, §3921; Code 1923, §7617; Code 1940, T. 16, §28.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41893,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40982,"codeId":8655,"versionId":6861,"parentId":8639,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-6-5","shortTitle":"Section 43-6-5","catchLine":"Disposition of Real Estate When No Heir Appears.","title":"Section 43-6-5 Disposition of Real Estate When No Heir Appears.","sectionRange":null,"content":"If, after two years from the publication of such notice, no heir or person entitled to receive such estate appears, the real estate must be sold by such personal representative, under the direction of the judge of probate of the county in which letters testamentary or of administration were granted and upon such notice as real estate is sold by executors and administrators; and the proceeds thereof must, after deducting all expenses and allowances, be paid to such judge.
","history":"(Code 1852, §2068; Code 1867, §2460; Code 1876, §2855; Code 1886, §1940; Code 1896, §1756; Code 1907, §3922; Code 1923, §7618; Code 1940, T. 16, §29.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41894,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40983,"codeId":8660,"versionId":6866,"parentId":8639,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-6-6","shortTitle":"Section 43-6-6","catchLine":"Decree Against Personal Representative for Failure to Pay Over Proceeds.","title":"Section 43-6-6 Decree Against Personal Representative for Failure to Pay Over Proceeds.","sectionRange":null,"content":"The judge of probate may render decrees against such personal representative, in the name of the state, for the money or proceeds of the property, under the provisions of this chapter, and enforce the same as other decrees by the judge of probate against executors or administrators are enforced.
","history":"(Code 1852, §2069; Code 1867, §2461; Code 1876, §2856; Code 1886, §1941; Code 1896, §1757; Code 1907, §3923; Code 1923, §7619; Code 1940, T. 16, §30.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41895,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40984,"codeId":8665,"versionId":6869,"parentId":8639,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-6-7","shortTitle":"Section 43-6-7","catchLine":"Payment of Receipts to State Treasurer.","title":"Section 43-6-7 Payment of Receipts to State Treasurer.","sectionRange":null,"content":"The judge of probate must, within three months after the receipt thereof, pay to the treasurer all moneys he or she may receive under the provisions of this chapter, and, failing so to do, he or she is liable as a defaulter and also forfeits $300.00, one half to the state, and the other half to any one suing for the same; and, on the trial, the certificate of the treasurer is presumptive evidence of his or her failure to make such payment.
","history":"(Code 1852, §2070; Code 1867, §2462; Code 1876, §2857; Code 1886, §1942; Code 1896, §1758; Code 1907, §3924; Code 1923, §7620; Code 1940, T. 16, §31.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41896,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40985,"codeId":8669,"versionId":6873,"parentId":8639,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-6-8","shortTitle":"Section 43-6-8","catchLine":"Action by State to Recover Personal Property Distributed Without Authority.","title":"Section 43-6-8 Action by State to Recover Personal Property Distributed Without Authority.","sectionRange":null,"content":"The state may enforce its right to any personal property to which it is entitled under the provisions of this chapter by action against any person into whose possession the same may come; and, if any personal representative pays any money or delivers any property to which the state is, under the provisions of this chapter, entitled, to any person not authorized to receive the same, such personal representative and his or her sureties are liable to the state for the amount of such money or value of such property and interest thereon from the time of such payment or delivery.
","history":"(Code 1852, §2072; Code 1867, §2464; Code 1876, §2858; Code 1886, §1943; Code 1896, §1759; Code 1907, §3925; Code 1923, §7621; Code 1940, T. 16, §32.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41897,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40986,"codeId":8675,"versionId":6878,"parentId":8639,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-6-9","shortTitle":"Section 43-6-9","catchLine":"Duty of Probate Judge to Attend to Interest of State.","title":"Section 43-6-9 Duty of Probate Judge to Attend to Interest of State.","sectionRange":null,"content":"It is the official duty of the judge of probate of each county to attend to the interest of the state intended to be secured by the provisions of this chapter.
","history":"(Code 1852, §2073; Code 1867, §2465; Code 1876, §2859; Code 1886, §1944; Code 1896, §1760; Code 1907, §3926; Code 1923, §7622; Code 1940, T. 16, §33.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41898,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40987,"codeId":8681,"versionId":null,"parentId":43,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"7","shortTitle":"Chapter 7","catchLine":"Uniform Simultaneous Death Act.","title":"Chapter 7 Uniform Simultaneous Death Act.","sectionRange":"§43-7-1 to §43-7-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41899,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40988,"codeId":8682,"versionId":6884,"parentId":8681,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-7-1","shortTitle":"Section 43-7-1","catchLine":"Short Title.","title":"Section 43-7-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as the Uniform Simultaneous Death Act.
","history":"(Acts 1949, No. 542, p. 852, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41900,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40989,"codeId":8686,"versionId":6888,"parentId":8681,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-7-2","shortTitle":"Section 43-7-2","catchLine":"No Sufficient Evidence of Survivorship; Disposition of Property of Decedents.","title":"Section 43-7-2 No Sufficient Evidence of Survivorship; Disposition of Property of Decedents.","sectionRange":null,"content":"Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he or she had survived, except as provided otherwise in this chapter.
","history":"(Acts 1949, No. 542, p. 852, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41901,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40990,"codeId":8689,"versionId":6890,"parentId":8681,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-7-3","shortTitle":"Section 43-7-3","catchLine":"Beneficiaries of Another Person’s Disposition of Property.","title":"Section 43-7-3 Beneficiaries of Another Person’s Disposition of Property.","sectionRange":null,"content":"Where two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
","history":"(Acts 1949, No. 542, p. 852, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41902,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40991,"codeId":8692,"versionId":6893,"parentId":8681,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-7-4","shortTitle":"Section 43-7-4","catchLine":"Joint Tenants or Tenants by the Entirety.","title":"Section 43-7-4 Joint Tenants or Tenants by the Entirety.","sectionRange":null,"content":"Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one half as if one had survived and one half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
","history":"(Acts 1949, No. 542, p. 852, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41903,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40992,"codeId":8697,"versionId":6897,"parentId":8681,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-7-5","shortTitle":"Section 43-7-5","catchLine":"Insurance Policies.","title":"Section 43-7-5 Insurance Policies.","sectionRange":null,"content":"Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
","history":"(Acts 1949, No. 542, p. 852, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41904,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40993,"codeId":8704,"versionId":6902,"parentId":8681,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-7-6","shortTitle":"Section 43-7-6","catchLine":"Chapter Not Retroactive.","title":"Section 43-7-6 Chapter Not Retroactive.","sectionRange":null,"content":"This chapter shall not apply to the distribution of the property of a person who died before September 7, 1949.
","history":"(Acts 1949, No. 542, p. 852, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41905,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40994,"codeId":8710,"versionId":6908,"parentId":8681,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-7-7","shortTitle":"Section 43-7-7","catchLine":"Chapter Not Applicable If Decedent Provides Otherwise.","title":"Section 43-7-7 Chapter Not Applicable If Decedent Provides Otherwise.","sectionRange":null,"content":"This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter or wherein provision is made for a presumption as to the order of survivorship if there is no sufficient evidence that the persons died otherwise than simultaneously, in which event full effect shall be given to the presumption so provided as to the order of survivorship.
","history":"(Acts 1949, No. 542, p. 852, §6; Acts 1951, No. 949, p. 1619.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41906,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40995,"codeId":8713,"versionId":6912,"parentId":8681,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-7-8","shortTitle":"Section 43-7-8","catchLine":"Uniformity of Interpretation.","title":"Section 43-7-8 Uniformity of Interpretation.","sectionRange":null,"content":"This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
","history":"(Acts 1949, No. 542, p. 852, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41907,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40996,"codeId":8720,"versionId":null,"parentId":43,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"8","shortTitle":"Chapter 8","catchLine":"Probate Code.","title":"Chapter 8 Probate Code.","sectionRange":"§43-8-1 to §43-8-298","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41908,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40997,"codeId":8722,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§43-8-1 to §43-8-9","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41909,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40998,"codeId":8723,"versionId":6919,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-1","shortTitle":"Section 43-8-1","catchLine":"General Definitions.","title":"Section 43-8-1 General Definitions.","sectionRange":null,"content":"Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or divisions, and unless the context otherwise requires, in this chapter, the following words shall have the following meanings:
(1) BENEFICIARY. As it relates to trust beneficiaries, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild, or any more remote descendant.
(3) COURT. The court having jurisdiction in matters relating to the affairs of decedents. This court in Alabama is known as the probate court.
(4) DAYS. That period of time as computed in accordance with Section 1-1-4 and Rule 6(a), Alabama Rules of Civil Procedure.
(5) DEVISE. When used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will.
(6) DEVISEE. Any person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee or trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.
(7) DISTRIBUTEE. Any person who has received property of a decedent from his or her personal representative other than as creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For purposes of this provision, “testamentary trustee” includes a trustee to whom assets are transferred by will, to the extent of the devised assets.
(8) ESTATE. Includes the property of the decedent whose affairs are subject to this chapter as originally constituted and as it exists from time to time during administration.
(9) EXEMPT PROPERTY. That property of a decedent’s estate which is described in Section 43-8-111.
(10) FIDUCIARY. Includes personal representative, guardian, and trustee.
(11) FOREIGN PERSONAL REPRESENTATIVE. A personal representative of another jurisdiction.
(12) GUARDIAN. A person who has qualified as a guardian of a minor or incompetent person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem.
(13) HEIRS. Those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(14) INTERESTED PERSON. Any person having an enforceable right or claim, which may be affected by the proceeding, and may include heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding. “Interested person” also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. The meaning of “interested person” as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.
(15) ISSUE OF A PERSON. All his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this chapter.
(16) LEASE. Includes an oil, gas, or other mineral lease.
(17) LETTERS. Includes letters testamentary and letters of administration.
(18) MINOR. A person who is under 19 years of age.
(19) MORTGAGE. Any conveyance, agreement, or arrangement in which property is used as security.
(20) NONRESIDENT DECEDENT. A decedent who was domiciled in another jurisdiction at the time of his or her death.
(21) ORGANIZATION. Includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal entity.
(22) PARENT. Includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this chapter by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.
(23) PERSON. An individual, a corporation, an organization, or other legal entity.
(24) PERSONAL REPRESENTATIVE. Includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
(25) PROPERTY. Includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(26) SECURITY. Includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.
(27) SETTLEMENT. In reference to a decedent’s estate, includes the full process of administration, distribution, accounting, and closing.
(28) STATE. Includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(29) SUCCESSOR PERSONAL REPRESENTATIVE. A personal representative who is appointed to succeed a previously appointed personal representative.
(30) SUCCESSORS. Those persons, other than creditors, who are entitled to property of a decedent under his or her will or this chapter.
(31) TESTACY PROCEEDING. A proceeding to establish a will or determine intestacy.
(32) TRUST. Includes any express trust, private or charitable, with additions thereto, wherever and however created. It also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. “Trust” excludes other constructive trusts, and it excludes resulting trusts, guardianships, curatorships, personal representatives, custodial arrangements pursuant to Chapter 5 of Title 35, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another.
(33) TRUSTEE. Includes an original, additional, or successor trustee, whether or not appointed or confirmed by court.
(34) WILL. Includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.
","history":"(Acts 1982, No. 82-399, §1-201.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41910,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":40999,"codeId":8730,"versionId":6925,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-2","shortTitle":"Section 43-8-2","catchLine":"Construction of Chapter; Purposes and Policies.","title":"Section 43-8-2 Construction of Chapter; Purposes and Policies.","sectionRange":null,"content":"(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter are:
(1) To simplify and clarify the law concerning the affairs of decedents;
(2) To discover and make effective the intent of a decedent in the distribution of his or her property.
","history":"(Acts 1982, No. 82-399, §1-102.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41911,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41000,"codeId":8736,"versionId":6929,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-3","shortTitle":"Section 43-8-3","catchLine":"Supplementary Effect of Principles of Law and Equity.","title":"Section 43-8-3 Supplementary Effect of Principles of Law and Equity.","sectionRange":null,"content":"Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
","history":"(Acts 1982, No. 82-399, §1-103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41912,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41001,"codeId":8739,"versionId":6932,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-4","shortTitle":"Section 43-8-4","catchLine":"Construction Against Implied Repeal.","title":"Section 43-8-4 Construction Against Implied Repeal.","sectionRange":null,"content":"This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
","history":"(Acts 1982, No. 82-399, §1-105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41913,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41002,"codeId":8743,"versionId":6936,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-5","shortTitle":"Section 43-8-5","catchLine":"Relief Against Fraud; Limitations.","title":"Section 43-8-5 Relief Against Fraud; Limitations.","sectionRange":null,"content":"Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within one year after the discovery of the fraud or from the time when the fraud should have been discovered, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of the commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his or her lifetime which affects the succession of his or her estate.
","history":"(Acts 1982, No. 82-399, §1-106.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41914,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41003,"codeId":8750,"versionId":6940,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-6","shortTitle":"Section 43-8-6","catchLine":"Rules of Evidence; Evidence as to Death or Status; Presumption of Death.","title":"Section 43-8-6 Rules of Evidence; Evidence as to Death or Status; Presumption of Death.","sectionRange":null,"content":"In proceedings under this chapter, the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the chapter. In addition, the following rules relating to determination of death and status are applicable:
(1) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent;
(2) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report;
(3) A person who is absent for a continuous period of five years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His or her death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
","history":"(Acts 1982, No. 82-399, §1-107.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41915,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41004,"codeId":8754,"versionId":6943,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-7","shortTitle":"Section 43-8-7","catchLine":"Effect of Acts by Holder of General Power of Appointment, Etc., on Beneficiaries.","title":"Section 43-8-7 Effect of Acts by Holder of General Power of Appointment, Etc., on Beneficiaries.","sectionRange":null,"content":"For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
","history":"(Acts 1982, No. 82-399, §1-108.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41916,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41005,"codeId":8758,"versionId":6946,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-8","shortTitle":"Section 43-8-8","catchLine":"Effective Date; Transition Provisions.","title":"Section 43-8-8 Effective Date; Transition Provisions.","sectionRange":null,"content":"(a) This chapter takes effect on January 1, 1983.
(b) Except as provided elsewhere in this chapter, on January 1, 1983:
(1) The chapter applies to any wills of decedents dying thereafter;
(2) An act of any personal representative or guardian done before January 1, 1983 in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before January 1, 1983, the provisions shall remain in force with respect to that right; and
(3) Any rule of construction or presumption provided in this chapter applies to instruments executed before January 1, 1983 unless there is a clear indication of a contrary intent.
","history":"(Acts 1982, No. 82-399, §8-101.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41917,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41006,"codeId":8761,"versionId":6949,"parentId":8722,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-9","shortTitle":"Section 43-8-9","catchLine":"Savings Provision for Counties of Jefferson and Mobile.","title":"Section 43-8-9 Savings Provision for Counties of Jefferson and Mobile.","sectionRange":null,"content":"No provision of this chapter shall be construed to void, alter, or modify, when invoked, the equity jurisdiction or powers of Jefferson and Mobile counties.
","history":"(Acts 1982, No. 82-399, §8-103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41918,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41007,"codeId":8771,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Applicability, Jurisdiction and Venue, and Implied Oath.","title":"Article 2 Applicability, Jurisdiction and Venue, and Implied Oath.","sectionRange":"§43-8-20 to §43-8-23","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41919,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41008,"codeId":8774,"versionId":6958,"parentId":8771,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-20","shortTitle":"Section 43-8-20","catchLine":"Applicability of Chapter.","title":"Section 43-8-20 Applicability of Chapter.","sectionRange":null,"content":"Except as otherwise provided in this chapter, this chapter applies to:
(1) The affairs and estates of decedents domiciled in this state; and
(2) The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state.
","history":"(Acts 1982, No. 82-399, §1-301.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41920,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41009,"codeId":8777,"versionId":6961,"parentId":8771,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-21","shortTitle":"Section 43-8-21","catchLine":"Venue; Multiple Proceedings; Transfer.","title":"Section 43-8-21 Venue; Multiple Proceedings; Transfer.","sectionRange":null,"content":"(a) Where a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.
(b) If proceedings concerning the same estate are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(c) If the court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
","history":"(Acts 1982, No. 82-399, §1-303.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41921,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41010,"codeId":8782,"versionId":6965,"parentId":8771,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-22","shortTitle":"Section 43-8-22","catchLine":"Filed Documents Deemed to Include Oath or Affirmation.","title":"Section 43-8-22 Filed Documents Deemed to Include Oath or Affirmation.","sectionRange":null,"content":"Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows and penalties for perjury may follow deliberate falsification therein.
","history":"(Acts 1982, No. 82-399, §1-310.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41922,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41011,"codeId":8787,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Intestate Succession.","title":"Article 3 Intestate Succession.","sectionRange":"§43-8-40 to §43-8-58","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41924,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41013,"codeId":8797,"versionId":6975,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-41","shortTitle":"Section 43-8-41","catchLine":"Share of the Spouse.","title":"Section 43-8-41 Share of the Spouse.","sectionRange":null,"content":"The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;
(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;
(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;
(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.
","history":"(Acts 1982, No. 82-399, §2-102.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41926,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41014,"codeId":8803,"versionId":6981,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-42","shortTitle":"Section 43-8-42","catchLine":"Share of Heirs Other Than Surviving Spouse.","title":"Section 43-8-42 Share of Heirs Other Than Surviving Spouse.","sectionRange":null,"content":"The part of the intestate estate not passing to the surviving spouse under Section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:
(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
(2) If there is no surviving issue, to his or her parent or parents equally;
(3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;
(4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.
","history":"(Acts 1982, No. 82-399, §2-103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41927,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41015,"codeId":8811,"versionId":6988,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-43","shortTitle":"Section 43-8-43","catchLine":"Requirement That Heir Survive Decedent for Five Days.","title":"Section 43-8-43 Requirement That Heir Survive Decedent for Five Days.","sectionRange":null,"content":"Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under Section 43-8-44.
","history":"(Acts 1982, No. 82-399, §2-104.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41928,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41016,"codeId":8815,"versionId":6991,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-44","shortTitle":"Section 43-8-44","catchLine":"When Estate Passes to State.","title":"Section 43-8-44 When Estate Passes to State.","sectionRange":null,"content":"If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama.
","history":"(Acts 1982, No. 82-399, §2-105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41929,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41017,"codeId":8822,"versionId":6998,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-45","shortTitle":"Section 43-8-45","catchLine":"Division of Estate Where Representation Is Involved.","title":"Section 43-8-45 Division of Estate Where Representation Is Involved.","sectionRange":null,"content":"If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among the issue of such deceased heir in the same manner.
","history":"(Acts 1982, No. 82-399, §2-106.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41930,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41018,"codeId":8828,"versionId":7003,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-46","shortTitle":"Section 43-8-46","catchLine":"Inheritance by Relatives of Half Blood.","title":"Section 43-8-46 Inheritance by Relatives of Half Blood.","sectionRange":null,"content":"Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
","history":"(Acts 1982, No. 82-399, §2-107.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41931,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41019,"codeId":8832,"versionId":7007,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-47","shortTitle":"Section 43-8-47","catchLine":"Inheritance by Afterborn Heirs.","title":"Section 43-8-47 Inheritance by Afterborn Heirs.","sectionRange":null,"content":"Relative of the decedent conceived before his or her death but born thereafter inherit as if they had been born in the lifetime of the decedent.
","history":"(Acts 1982, No. 82-399, §2-108.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41932,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41020,"codeId":8840,"versionId":7014,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-48","shortTitle":"Section 43-8-48","catchLine":"Parent and Child Relationship.","title":"Section 43-8-48 Parent and Child Relationship.","sectionRange":null,"content":"If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:
(1) An adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the right of the child to inherit from or through either natural parent;
(2) In cases not covered by subdivision (1) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:
a. The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or
b. The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, but the paternity established under this paragraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.
","history":"(Acts 1982, No. 82-399, §2-109.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41933,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41021,"codeId":8847,"versionId":7018,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-49","shortTitle":"Section 43-8-49","catchLine":"Advancements.","title":"Section 43-8-49 Advancements.","sectionRange":null,"content":"If a person dies intestate as to all his or her estate, property which he or she gave in his or her lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient’s issue, unless the declaration or acknowledgment provides otherwise.
","history":"(Acts 1982, No. 82-399, p. 578, §2-110.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41934,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41022,"codeId":8851,"versionId":7024,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-50","shortTitle":"Section 43-8-50","catchLine":"Controversy as to Advancements - How Issue Made Up and Tried.","title":"Section 43-8-50 Controversy as to Advancements - How Issue Made Up and Tried.","sectionRange":null,"content":"Controversies as to advancements are cognizable before the probate court, on the application, either of a party who has received an advancement, or of a party in interest, who alleges that an advancement has been made; and upon demand of either party, an issue in writing shall be made up under the direction of the court and tried by a jury as in other cases of contested fact.
","history":"(Code 1867, §1904; Code 1876, §2268; Code 1886, §1931; Code 1896, §1469; Code 1907, §3773; Code 1923, §7384; Code 1940, T. 16, §20; Code 1975, §43-3-35.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41935,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41023,"codeId":8859,"versionId":7031,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-52","shortTitle":"Section 43-8-52","catchLine":"Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee.","title":"Section 43-8-52 Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee.","sectionRange":null,"content":"In case of the death of any distributee or heir alleged to have received advancements, his or her legal representatives or heirs at law shall be required to report or answer in the same manner as set forth in Section 43-8-51; and if they are residents of this state, notice must be given by citation, and if nonresidents, by publication, as provided for in cases embraced in Section 43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who shall deny the allegation contained in such application, and demand proof thereof.
","history":"(Code 1867, §1906; Code 1876, §2270; Code 1886, §1933; Code 1896, §1471; Code 1907, §3775; Code 1923, §7386; Code 1940, T. 16, §22; Code 1975, §43-3-37.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41937,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41024,"codeId":8854,"versionId":7027,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-51","shortTitle":"Section 43-8-51","catchLine":"Controversy as to Advancements - Discovery of Advancements.","title":"Section 43-8-51 Controversy as to Advancements - Discovery of Advancements.","sectionRange":null,"content":"Pending administration of an estate, on the application of the executor or administrator, or someone interested in the estate, to the probate court where the administration is, alleging on oath that an advancement has been made by the decedent, and that the value of such advancement is not expressed in any conveyance or receipt, within the applicant’s knowledge, or in any charge made by the decedent, the judge of probate must issue citation to the distributee or heir alleged to have received such advancement, requiring him or her, within a specified time, not less than 30 nor more than 60 days, to report on oath a list of the property received, the time when and the value of the same when received, or to deny on oath having received any advancement from the decedent. If the party alleged to have received the advancement is a nonresident of the state, notice must be given by publication once a week for three successive weeks in some newspaper published in the county, or if no paper is published in the county, then in one published in the adjoining county, requiring him or her to answer within a specified time, not less than 40 days, nor more than 90 days.
","history":"(Code 1867, §1905; Code 1876, §2269; Code 1886, §1932; Code 1896, §1470; Code 1907, §3774; Code 1923, §7385; Code 1940, T. 16, §21; Code 1975, §43-3-36.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41936,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41025,"codeId":8865,"versionId":7035,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-53","shortTitle":"Section 43-8-53","catchLine":"Controversy as to Advancements - Contest of Answer.","title":"Section 43-8-53 Controversy as to Advancements - Contest of Answer.","sectionRange":null,"content":"Upon the rendition of the report or answer of the distributee or heir alleged to have received an advancement, or of his or her legal representatives or heirs, if deceased, if the executor or administrator, or any of the parties interested in such estate are not satisfied with the report or answer, on the ground that the same does not set forth all the property received or advanced, or does not set forth the true value of the property at the time it was received or advanced, or is not satisfied that the report or answer is true, then, in either case, such party may file objections thereto, stating the grounds of the objections, and the judge of probate must set a day, at such time as he or she may think proper, for hearing and determining, according to the evidence, as to the amount of property advanced, the time when advanced, and its value when received. He or she must give all the parties interested notice of such objections, and of the time set for hearing the same, by citation, if residents of this state, or if nonresidents, by publication in some newspaper published in the county, or if no paper is published in the county, then in one published in an adjoining county, once a week for three successive weeks.
","history":"(Code 1867, §1907; Code 1876, §2271; Code 1886, §1934; Code 1896, §1472; Code 1907, §3776; Code 1923, §7387; Code 1940, T. 16, §23; Code 1975, §43-3-38.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41938,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41026,"codeId":8870,"versionId":7038,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-54","shortTitle":"Section 43-8-54","catchLine":"Controversy as to Advancements - Consequence of Failure to Answer.","title":"Section 43-8-54 Controversy as to Advancements - Consequence of Failure to Answer.","sectionRange":null,"content":"In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a report, as required, or fail to answer such application, denying that he or she has received any advancement, such failure or neglect to report or answer shall be considered by the probate court as prima facie evidence that such person has received his or her full proportionate part of such estate. In case any nonresident against whom publication has been made fails or neglects to return a report as required, or to answer such application, denying that he or she has received any advancement, the court may proceed to take evidence ex parte as to the matters alleged in such application.
","history":"(Code 1867, §1908; Code 1876, §2272; Code 1886, §1935; Code 1896, §1473; Code 1907, §3777; Code 1923, §7388; Code 1940, T. 16, §24; Code 1975, §43-3-39.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41939,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41027,"codeId":8875,"versionId":7042,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-55","shortTitle":"Section 43-8-55","catchLine":"Against Whom Debts Owed to Decedent Charged.","title":"Section 43-8-55 Against Whom Debts Owed to Decedent Charged.","sectionRange":null,"content":"A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue.
","history":"(Acts 1982, No. 82-399, §2-111.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41940,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41028,"codeId":8881,"versionId":7047,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-56","shortTitle":"Section 43-8-56","catchLine":"Alien Status Not a Disqualification to Inheriting.","title":"Section 43-8-56 Alien Status Not a Disqualification to Inheriting.","sectionRange":null,"content":"No person is disqualified to take as an heir because he or she or a person through whom he or she claims is or has been an alien.
","history":"(Acts 1982, No. 82-399, §2-112.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41941,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41029,"codeId":8886,"versionId":7051,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-57","shortTitle":"Section 43-8-57","catchLine":"Dower and Curtesy Abolished.","title":"Section 43-8-57 Dower and Curtesy Abolished.","sectionRange":null,"content":"The estates of dower and curtesy are abolished.
","history":"(Acts 1982, No. 82-399, §2-113.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41942,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41030,"codeId":8891,"versionId":7055,"parentId":8787,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-58","shortTitle":"Section 43-8-58","catchLine":"Share of Persons Related to Decedent through Two Lines.","title":"Section 43-8-58 Share of Persons Related to Decedent through Two Lines.","sectionRange":null,"content":"A person who is related to the decedent through two lines of relationship is entitled to only a single share, based on the relationship which would entitle him or her to the larger share.
","history":"(Acts 1982, No. 82-399, §2-114.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41943,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41031,"codeId":8906,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Elective Share of Surviving Spouse; Abatement.","title":"Article 4 Elective Share of Surviving Spouse; Abatement.","sectionRange":"§43-8-70 to §43-8-76","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41944,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41032,"codeId":8907,"versionId":7068,"parentId":8906,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-70","shortTitle":"Section 43-8-70","catchLine":"Right of Surviving Spouse to Elective Share.","title":"Section 43-8-70 Right of Surviving Spouse to Elective Share.","sectionRange":null,"content":"(a) If a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share of the estate. The elective share shall be the lesser of:
(1) All of the estate of the deceased reduced by the value of the surviving spouse’s separate estate; or
(2) One-third of the estate of the deceased.
(b) The “separate estate” of the surviving spouse shall include:
(1) All property which immediately after the death of the decedent is owned by the spouse outright or in fee simple absolute;
(2) All legal and equitable interests in property the possession or enjoyment of which are acquired only by surviving the decedent; and
(3) All income and other beneficial interests:
a. Under a trust;
b. In proceeds of insurance on the life of the decedent; and
c. Under any broad-based nondiscriminatory pension, profit-sharing, stock bonus, deferred compensation, disability, death benefit or other such plan established by an employer.
(c) If a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state is governed by the law of the decedent’s domicile at death.
","history":"(Acts 1982, No. 82-399, §2-201.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41945,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41033,"codeId":8917,"versionId":7075,"parentId":8906,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-71","shortTitle":"Section 43-8-71","catchLine":"Right of Election Personal to Surviving Spouse.","title":"Section 43-8-71 Right of Election Personal to Surviving Spouse.","sectionRange":null,"content":"The right of election of the surviving spouse may be exercised only by the surviving spouse during his or her lifetime. If a guardian, custodian, curator, or conservator has been appointed for the surviving spouse, the right of election may be exercised only by order of the court upon petition of the fiduciary or upon the court’s own initiative, after finding that exercise is necessary to provide adequate support for the surviving spouse during his or her probable life expectancy.
","history":"(Acts 1982, No. 82-399, §2-203.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41946,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41034,"codeId":8920,"versionId":7077,"parentId":8906,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-72","shortTitle":"Section 43-8-72","catchLine":"Waiver of Right to Elect and of Other Rights.","title":"Section 43-8-72 Waiver of Right to Elect and of Other Rights.","sectionRange":null,"content":"The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance, exempt property and family allowance by each spouse in the property of the other at death and a renunciation by each of all benefits which would otherwise pass to him or her from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement.
","history":"(Acts 1982, No. 82-399, §2-204.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41947,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41035,"codeId":8926,"versionId":7080,"parentId":8906,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-73","shortTitle":"Section 43-8-73","catchLine":"Procedure for Making Election; Petition; Time Limit; Notice and Hearing; Withdrawal of Demand; Order of Court; Enforcement of Order.","title":"Section 43-8-73 Procedure for Making Election; Petition; Time Limit; Notice and Hearing; Withdrawal of Demand; Order of Court; Enforcement of Order.","sectionRange":null,"content":"(a) The surviving spouse may elect to take his or her elective share by filing with the court and mailing or delivering to the personal representative, if any, a petition for the elective share within six months after the date of death, or within six months after the probate of the decedent’s will, whichever limitation last expires.
The court may extend the time for election for cause shown by the surviving spouse before the time for election has expired.
(b) The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate whose interests will be adversely affected by the taking of the elective share.
(c) The surviving spouse may withdraw his or her demand for an elective share at any time before entry of a final determination by the court.
(d) After notice and hearing, the court shall determine the amount of the elective share and shall order its satisfaction from the assets of the estate. If it appears that a fund or property included in the estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he or she would have been if relief had been secured against all persons subject to contribution.
(e) The order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.
","history":"(Acts 1982, No. 82-399, §2-205.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41948,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41036,"codeId":8933,"versionId":7085,"parentId":8906,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-74","shortTitle":"Section 43-8-74","catchLine":"Entitlement of Surviving Spouse to Certain Benefits Regardless of Election.","title":"Section 43-8-74 Entitlement of Surviving Spouse to Certain Benefits Regardless of Election.","sectionRange":null,"content":"A surviving spouse is entitled to homestead allowance, exempt property, and family allowance, whether or not he elects to take an elective share.
","history":"(Acts 1982, No. 82-399, §2-206.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41949,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41037,"codeId":8937,"versionId":7089,"parentId":8906,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-75","shortTitle":"Section 43-8-75","catchLine":"How Elective Share Satisfied; What Property Applied First; Apportionment of Others’ Liability for Balance of Elective Share.","title":"Section 43-8-75 How Elective Share Satisfied; What Property Applied First; Apportionment of Others’ Liability for Balance of Elective Share.","sectionRange":null,"content":"(a) In the proceeding for an elective share, values included in the estate which pass or have passed to the surviving spouse, or which would have passed to the surviving spouse but were renounced, are applied first to satisfy the elective share and to reduce any contributions due from other recipients of transfers included in the estate. For purposes of this subsection, the electing spouse’s beneficial interest in any life estate or in any trust shall be computed as if worth one-half of the total value of the property subject to the life estate, or of the trust estate, unless higher or lower values for these interests are established by proof; provided, however, that, to the extent that the electing spouse’s beneficial interest is a life estate or is an interest in a trust and is coupled with a general power of appointment (whether exercisable by deed or by will or by either), the beneficial interest shall be computed as being equal to two-thirds of the total value of the property subject to the life estate, or of the trust estate, with respect to which the general power of appointment exists.
(b) Remaining property of the estate is so applied that liability for the balance of the elective share of the surviving spouse is equitably apportioned among the recipients of the estate in proportion to the value of their interests therein.
","history":"(Acts 1982, No. 82-399, §2-207.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41950,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41038,"codeId":8942,"versionId":7094,"parentId":8906,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-76","shortTitle":"Section 43-8-76","catchLine":"Order of Abatement.","title":"Section 43-8-76 Order of Abatement.","sectionRange":null,"content":"(a) Except as provided in subsection (b) of this section and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:
(1) Property not disposed of by the will;
(2) Residuary devises;
(3) General devises;
(4) Specific devises.
For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the value of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
(b) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.
(c) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
","history":"(Acts 1982, No. 82-399, §2-208.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41951,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41039,"codeId":8950,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Spouse and Children Not Provided for in Will.","title":"Article 5 Spouse and Children Not Provided for in Will.","sectionRange":"§43-8-90 to §43-8-91","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41952,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41040,"codeId":8954,"versionId":7101,"parentId":8950,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-90","shortTitle":"Section 43-8-90","catchLine":"Omitted Spouse.","title":"Section 43-8-90 Omitted Spouse.","sectionRange":null,"content":"(a) If a testator fails to provide by will for his or her surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he or she would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.
(b) In satisfying a share provided by this section, the devises made by the will abate as provided in Section 43-8-76.
","history":"(Acts 1982, No. 82-399, §2-301.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41953,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41041,"codeId":8957,"versionId":7104,"parentId":8950,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-91","shortTitle":"Section 43-8-91","catchLine":"Pretermitted Children.","title":"Section 43-8-91 Pretermitted Children.","sectionRange":null,"content":"(a) If a testator fails to provide in his or her will for any of his or her children born or adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:
(1) It appears from the will that the omission was intentional;
(2) When the will was executed the testator had one or more children and devised substantially all his or her estate to the other parent of the omitted child; or
(3) The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.
(b) If at the time of execution of the will the testator fails to provide in his or her will for a living child solely because he or she believes the child to be dead, the child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate.
(c) In satisfying a share provided by this section, the devisees made by the will abate as provided in Section 43-8-76.
","history":"(Acts 1982, No. 82-399, §2-302.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41954,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41042,"codeId":8964,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"Exempt Property and Allowances.","title":"Article 6 Exempt Property and Allowances.","sectionRange":"§43-8-110 to §43-8-116","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41955,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41043,"codeId":8969,"versionId":38781,"parentId":8964,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-110","shortTitle":"Section 43-8-110","catchLine":"Homestead Allowance.","title":"Section 43-8-110 Homestead Allowance.","sectionRange":null,"content":"(a) A surviving spouse of a decedent who was domiciled in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000). If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent unless otherwise provided in the will, by intestate succession or by way of elective share.
(b) The value of any constitutional right of homestead in the family home received by a surviving spouse or child shall be charged against that spouse or child’s homestead allowance to the extent that the family home is part of the decedent’s estate or would have been but for the homestead provision of the Constitution.
","history":"(Acts 1982, No. 82-399, §2-401; Act 2015-484, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41956,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41044,"codeId":8976,"versionId":38782,"parentId":8964,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-111","shortTitle":"Section 43-8-111","catchLine":"Exempt Property.","title":"Section 43-8-111 Exempt Property.","sectionRange":null,"content":"If the decedent was domiciled in this state at the time of death the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, children of the decedent are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than seven thousand five hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500) worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the seven thousand five hundred dollars ($7,500) value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, except that the right to any assets to make up a deficiency of exempt property shall abate as necessary to permit prior payment of homestead allowance and family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share.
","history":"(Acts 1982, No. 82-399, §2-402; Act 2015-484, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41957,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41045,"codeId":8979,"versionId":7121,"parentId":8964,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-112","shortTitle":"Section 43-8-112","catchLine":"Family Allowance.","title":"Section 43-8-112 Family Allowance.","sectionRange":null,"content":"In addition to the right to homestead allowance and exempt property, if the decedent was domiciled in this state, the surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by him or her are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children, or persons having their care and custody; but in case any minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or his or her guardian or other person having his or her care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims but does not have priority over the homestead allowance.
The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided in the will, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates his or her right to allowances not yet paid.
","history":"(Acts 1982, No. 82-399, §2-403.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41958,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41046,"codeId":8988,"versionId":38783,"parentId":8964,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-113","shortTitle":"Section 43-8-113","catchLine":"Source, Determination and Documentation of Exempt Property and Allowances; Petition for Relief by Personal Representative or Interested Person.","title":"Section 43-8-113 Source, Determination and Documentation of Exempt Property and Allowances; Petition for Relief by Personal Representative or Interested Person.","sectionRange":null,"content":"If the estate is otherwise sufficient, property specifically devised is not used to satisfy rights to homestead and exempt property. Subject to this restriction, the surviving spouse, the guardians of the minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make these selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or if there are no guardians of the minor children. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. He or she may determine the family allowance in a lump sum not exceeding fifteen thousand dollars ($15,000) or in periodic installments not exceeding $500.00 per month, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which relief may provide a family allowance larger or smaller than that which the personal representative determined or could have determined.
","history":"(Acts 1982, No. 82-399, §2-404; Act 2015-484, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41959,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41047,"codeId":8993,"versionId":7132,"parentId":8964,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-114","shortTitle":"Section 43-8-114","catchLine":"Spouse May Retain Dwelling, Etc., until Assignment of Homestead.","title":"Section 43-8-114 Spouse May Retain Dwelling, Etc., until Assignment of Homestead.","sectionRange":null,"content":"The spouse may retain possession of the dwelling house where the surviving spouse resided with the decedent, with the offices and buildings appurtenant thereto and the plantation connected therewith until homestead is assigned, free from the payment of rent. The obligation to pay rent, if any, on the dwelling shall be an obligation of the decedent’s estate.
","history":"(Code 1852, §1359; Code 1867, §1630; Code 1876, §2238; Code 1886, §1900; Code 1896, §1515; Code 1907, §3824; Code 1923, §7437; Code 1940, T. 34, §50; Code 1975, §43-5-40; Acts 1984, No. 84-258, p. 426, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41960,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41048,"codeId":8997,"versionId":38784,"parentId":8964,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-115","shortTitle":"Section 43-8-115","catchLine":"Discharge of Debtor from Liability for Wages, Etc., Owed Intestate Former Employee of Another; Status of Funds Paid Under This Section.","title":"Section 43-8-115 Discharge of Debtor from Liability for Wages, Etc., Owed Intestate Former Employee of Another; Status of Funds Paid Under This Section.","sectionRange":null,"content":"(a) Whenever an employee of another shall die intestate and there shall be due him or her any sum as wages or salary the debtor may discharge himself or herself from liability therefor by paying such amount to the surviving spouse of the deceased employee or, if there is no surviving spouse to the person having the legal custody and control of his or her minor child or children, or either as the case may be, who may commence an action for and recover the same as part of the property or allowance exempted to them.
(b) Any sums paid in accordance with subsection (a) shall be considered as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance, as defined in Section 43-8-112.
","history":"(Acts 1984, 1st Ex. Sess., No. 84-788, p. 179; Act 2015-484, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41961,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41049,"codeId":47191,"versionId":39285,"parentId":8964,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-116","shortTitle":"Section 43-8-116","catchLine":"Adjustments to Exemption Values.","title":"Section 43-8-116 Adjustments to Exemption Values.","sectionRange":null,"content":"On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in the consumer price index, as published by the United States Department of Labor, or, if that index is no longer published, a generally available comparable index, for the 3-year period ending on the December 31 preceding the adjustment date and rounded to the nearest twenty-five dollars ($25.00). The State Treasurer shall publish the adjusted amounts. The adjusted amounts apply to exemptions claimed on or after April 1 following the adjustment date.
","history":"(Act 2015-484, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41962,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41050,"codeId":9003,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"Wills Generally.","title":"Article 7 Wills Generally.","sectionRange":"§43-8-130 to §43-8-217","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41963,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41051,"codeId":9004,"versionId":null,"parentId":9003,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"1","shortTitle":"Division 1","catchLine":"Execution of Will.","title":"Division 1 Execution of Will.","sectionRange":"§43-8-130 to §43-8-141","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41964,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41052,"codeId":9006,"versionId":7142,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-130","shortTitle":"Section 43-8-130","catchLine":"Who May Make a Will.","title":"Section 43-8-130 Who May Make a Will.","sectionRange":null,"content":"Any person 18 or more years of age who is of sound mind may make a will.
","history":"(Acts 1982, No. 82-399, §2-501.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41965,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41053,"codeId":9011,"versionId":7146,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-131","shortTitle":"Section 43-8-131","catchLine":"Execution and Signature of Will; Witnesses.","title":"Section 43-8-131 Execution and Signature of Will; Witnesses.","sectionRange":null,"content":"Except as provided within Section 43-8-135, every will shall be in writing signed by the testator or in the testator’s name by some other person in the testator’s presence and by his or her direction, and shall be signed by at least two persons each of whom witnessed either the signing or the testator’s acknowledgment of the signature or of the will.
","history":"(Acts 1982, No. 82-399, §2-502.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41966,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41054,"codeId":9017,"versionId":7150,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-132","shortTitle":"Section 43-8-132","catchLine":"Self-Proved Will - Form and Execution; How Attested Will Made Self-Proved; Effect.","title":"Section 43-8-132 Self-Proved Will - Form and Execution; How Attested Will Made Self-Proved; Effect.","sectionRange":null,"content":"(a) Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer’s certificate, under official seal, in substantially the following form:
“I, _____, the testator, sign my name to this instrument this ______ day of _____, 20__, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.”
“We, _____, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his/her last will and that he/she signs it willingly (or willingly directs another to sign for him or her), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator’s signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.”
Subscribed, sworn to and acknowledged before me by _____, the testator and subscribed and sworn to before me by _____, and _____, witnesses, this _____ day of _____, 20__.
(b) An attested will may at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where the acknowledgment occurs and evidenced by the officer’s certificate, under the official seal, attached or annexed to the will in substantially the following form:
We, ______, ______, and _____, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his/her last will and that he/she had signed willingly (or willingly directed another to sign for him or her), and that he/she executed it as his/her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his/her knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence.”
Subscribed, sworn to and acknowledged before me by _____, the testator, and subscribed and sworn to before me by _____, and _____, witnesses, this _____ day of _____, 20_____.
(c) If the will is self-proved, as provided in this section, compliance with signature requirements for execution is conclusively presumed, other requirements of execution are presumed subject to rebuttal without the testimony of any witness, and the will shall be probated without further proof, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
","history":"(Acts 1981, 3rd Ex. Sess., No. 81-1209; Code 1975, §43-1-30.1; Acts 1984, No. 84-258, p. 426, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41967,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41055,"codeId":9022,"versionId":7154,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-133","shortTitle":"Section 43-8-133","catchLine":"Self-Proved Will - Making Attested Will Self-Proved.","title":"Section 43-8-133 Self-Proved Will - Making Attested Will Self-Proved.","sectionRange":null,"content":"An attested will may be made self-proved through compliance with Section 43-8-132 or as otherwise provided by law.
","history":"(Acts 1982, No. 82-399, §2-504.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41968,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41056,"codeId":9026,"versionId":7157,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-134","shortTitle":"Section 43-8-134","catchLine":"Who May Witness Will.","title":"Section 43-8-134 Who May Witness Will.","sectionRange":null,"content":"(a) Any person generally competent to be a witness may act as a witness to a will.
(b) A will or any provision thereof is not invalid because the will is signed by an interested witness.
","history":"(Acts 1982, No. 82-399, §2-505.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41969,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41057,"codeId":9029,"versionId":7160,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-135","shortTitle":"Section 43-8-135","catchLine":"Choice of Law as to Validity of Execution.","title":"Section 43-8-135 Choice of Law as to Validity of Execution.","sectionRange":null,"content":"A written will is valid if executed in compliance with Section 43-8-131 or if its execution complies with the law at the time of execution of the place where the will is executed, or with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
","history":"(Acts 1982, No. 82-399, §2-506.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41970,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41058,"codeId":9034,"versionId":7164,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-136","shortTitle":"Section 43-8-136","catchLine":"Revocation by Writing or by Act; When Witnesses Required.","title":"Section 43-8-136 Revocation by Writing or by Act; When Witnesses Required.","sectionRange":null,"content":"(a) A will or any part thereof is revoked by a subsequent will which revokes the prior will or part expressly or by inconsistency.
(b) A will is revoked by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in his or her presence by his or her consent and direction. If the physical act is by someone other than the testator, consent, and direction of the testator must be proved by at least two witnesses.
","history":"(Acts 1982, No. 82-399, §2-507.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41971,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41059,"codeId":9040,"versionId":7169,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-137","shortTitle":"Section 43-8-137","catchLine":"Revocation by Divorce or Annulment; Revival by Remarriage; No Revocation by Other Changes or Circumstances.","title":"Section 43-8-137 Revocation by Divorce or Annulment; Revival by Remarriage; No Revocation by Other Changes or Circumstances.","sectionRange":null,"content":"If after executing a will the testator is divorced or his or her marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator’s remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse within the meaning of Section 43-8-252(b). A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will.
","history":"(Acts 1982, No. 82-399, §2-508.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41972,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41060,"codeId":9048,"versionId":7175,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-138","shortTitle":"Section 43-8-138","catchLine":"When Will Revived on Revocation of Subsequent Will.","title":"Section 43-8-138 When Will Revived on Revocation of Subsequent Will.","sectionRange":null,"content":"(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under Section 43-8-136, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from testator’s contemporary or subsequent declarations in writing, signed by the testator and attested as prescribed in Section 43-8-131, that he or she intended the first will to take effect as executed.
(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.
","history":"(Acts 1982, No. 82-399, §2-509.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41973,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41061,"codeId":9053,"versionId":7181,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-139","shortTitle":"Section 43-8-139","catchLine":"Incorporation by Reference.","title":"Section 43-8-139 Incorporation by Reference.","sectionRange":null,"content":"Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
","history":"(Acts 1982, No. 82-399, §2-510.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41974,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41062,"codeId":9058,"versionId":7185,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-140","shortTitle":"Section 43-8-140","catchLine":"Testamentary Additions to Trusts.","title":"Section 43-8-140 Testamentary Additions to Trusts.","sectionRange":null,"content":"A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator and some other person or by some other person (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator’s will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator’s will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the corpus of the trust). The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or after the death of the testator. Unless the testator’s will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of the testator’s will), and, if the testator’s will so provides, including any amendments to the trust made after the death of a testator. A revocation or termination of the trust before the death of the testator causes the devise to lapse.
","history":"(Acts 1982, No. 82-399, §2-511.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41975,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41063,"codeId":9064,"versionId":7189,"parentId":9004,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-141","shortTitle":"Section 43-8-141","catchLine":"Reference to Events of Independent Significance.","title":"Section 43-8-141 Reference to Events of Independent Significance.","sectionRange":null,"content":"A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will of another person is such an event.
","history":"(Acts 1982, No. 82-399, §2-512.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41976,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41064,"codeId":9073,"versionId":null,"parentId":9003,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"2","shortTitle":"Division 2","catchLine":"Probate of Will.","title":"Division 2 Probate of Will.","sectionRange":"§43-8-160 to §43-8-175","content":null,"history":null,"numChildren":16,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41977,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41065,"codeId":9074,"versionId":7198,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-160","shortTitle":"Section 43-8-160","catchLine":"Who May Have Will Probated.","title":"Section 43-8-160 Who May Have Will Probated.","sectionRange":null,"content":"Upon the death of a testator, any executor, devisee, or legatee named in the will, or any person interested in the estate, or who has custody of such will may have the will proved before the proper probate court.
","history":"(Code 1852, §1620; Code 1867, §1939; Code 1876, §2303; Code 1886, §1975; Code 1896, §4272; Code 1907, §6181; Code 1923, §10607; Code 1940, T. 61, §33; Code 1975, §43-1-36.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41978,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41066,"codeId":9080,"versionId":7202,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-161","shortTitle":"Section 43-8-161","catchLine":"Time Limit for Probate.","title":"Section 43-8-161 Time Limit for Probate.","sectionRange":null,"content":"Wills shall not be effective unless filed for probate within five years from the date of the death of the testator. If the testator was not an inhabitant of this state at the time of his or her death, the will may be admitted to probate in this state pursuant to Section 43-8-175, provided the will was admitted to probate, within five years from the date of death, in the state, territory or country where the testator resided at the time of death; provided further, that the probate in the state of the will of an inhabitant of another state, territory, or country shall not be effective against persons purchasing from the heirs of such testator if such purchase was made more than five years after the death of the testator and prior to February 24, 1959.
","history":"(Acts 1945, No. 196, p. 322; Acts 1949, No. 336, p. 501; Acts 1959, No. 587, p. 1475, §1; Code 1975, §43-1-37.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41979,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41067,"codeId":9084,"versionId":7205,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-162","shortTitle":"Section 43-8-162","catchLine":"Where Will Probated.","title":"Section 43-8-162 Where Will Probated.","sectionRange":null,"content":"Wills must be proved in the several probate courts as follows:
(1) When the testator, at the time of his or her death, was an inhabitant of the county, in the probate court of such county.
(2) When the testator, not being an inhabitant of the state, dies in the county, leaving assets therein, in the probate court of such county.
(3) When the testator, not being an inhabitant of the state, dies out of the county, leaving assets therein, in the probate of the county in which such assets, or any part thereof, are.
(4) When the testator, not being an inhabitant of the state, dies, not leaving assets therein, and assets thereafter come into any county, in the probate court of any county into which such assets are brought.
(5) In the probate court of the county designated by testator in the will if the testator owns property in such county at the time of his or her death.
","history":"(Code 1852, §1621; Code 1867, §1940; Code 1876, §2304; Code 1886, §1976; Code 1896, §4273; Code 1907, §6182; Code 1923, §10609; Code 1940, T. 61, §35; Code 1975, §43-1-38.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41980,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41068,"codeId":9090,"versionId":7210,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-163","shortTitle":"Section 43-8-163","catchLine":"Probate Not Prevented by Subsequent Incompetency of Witnesses.","title":"Section 43-8-163 Probate Not Prevented by Subsequent Incompetency of Witnesses.","sectionRange":null,"content":"If the witnesses attesting the execution of any will are competent at the time of their attestation, their subsequent incompetency, from whatever cause it may arise, must not prevent the probate of such will, if otherwise satisfactorily proved.
","history":"(Code 1852, §1612; Code 1867, §1931; Code 1876, §2295; Code 1886, §1967; Code 1896, §4264; Code 1907, §6173; Code 1923, §10599; Code 1940, T. 61, §25; Code 1975, §43-1-39.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41981,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41069,"codeId":9095,"versionId":7214,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-164","shortTitle":"Section 43-8-164","catchLine":"Notice to Surviving Spouse and Next of Kin - Generally.","title":"Section 43-8-164 Notice to Surviving Spouse and Next of Kin - Generally.","sectionRange":null,"content":"Whenever an application is made to prove a will in this state, at least 10 days’ notice must be given to the surviving spouse and next of kin, or either of them, residing and being within the state, before such application is heard.
","history":"(Code 1852, §1632; Code 1867, §1951; Code 1876, §2315; Code 1886, §1987; Code 1896, §4284; Code 1907, §6193; Code 1923, §10622; Code 1940, T. 61, §48, Code 1975, §43-1-41.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41982,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41070,"codeId":9098,"versionId":7217,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-165","shortTitle":"Section 43-8-165","catchLine":"Notice to Surviving Spouse and Next of Kin - Minors.","title":"Section 43-8-165 Notice to Surviving Spouse and Next of Kin - Minors.","sectionRange":null,"content":"If any of the next of kin are minors, such notice may be served as provided by the Alabama Rules of Civil Procedure; and in addition to the service above provided for minors, the court must appoint a guardian ad litem who is disinterested and who shall be an attorney-at-law and who does not represent any party having an interest adverse to such minors; and notice shall issue to such guardian ad litem. Such guardian shall accept service and agree to represent the minors in the proof and probate of the will, and if he or she fail to accept service and agree to appear for the minors within 10 days after service, the court appoint another guardian ad litem, upon whom notice must be served, and he or she must agree to accept service and represent the minors as is provided in the first instance, and the will must not be probated until a guardian ad litem has agreed to accept the appointment and to represent the minors in the proof and probate of the will, which acceptance and agreement must be in writing and filed with the papers in the cause, and notice must be given to such guardian ad litem in all proceedings to contest the probate of the will.
","history":"(Code 1896, §4285; Code 1907, §6194; Code 1923, §10623; Code 1940, T. 61, §49; Code 1975, §43-1-42.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41983,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41071,"codeId":9102,"versionId":7222,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-166","shortTitle":"Section 43-8-166","catchLine":"Notice to Surviving Spouse and Next of Kin - Persons Outside State.","title":"Section 43-8-166 Notice to Surviving Spouse and Next of Kin - Persons Outside State.","sectionRange":null,"content":"If either the surviving spouse or next of kin reside and are without the state, notice of such application must be given by publication once a week for three successive weeks in a newspaper published in the county in which such application is made, and if no paper is published therein, by posting of the same at the courthouse three weeks before such application is heard. In lieu of the notice herein provided, notice may be had on such persons as provided by the Alabama Rules of Civil Procedure.
","history":"(Code 1852, §1633; Code 1867, §1952; Code 1876, §2316; Code 1886, §1988; Code 1896, §4286; Code 1907, §6195; Code 1923, §10624; Code 1940, T. 61, §50; Code 1975, §43-1-43.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41984,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41072,"codeId":9108,"versionId":7226,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-167","shortTitle":"Section 43-8-167","catchLine":"Mode of Proving Will Generally.","title":"Section 43-8-167 Mode of Proving Will Generally.","sectionRange":null,"content":"(a) Wills offered for probate, except nuncupative wills, must be proved by one or more of the subscribing witnesses, or if they be dead, insane or out of the state or have become incompetent since the attestation, then by the proof of the handwriting of the testator, and that of at least one of the witnesses to the will. Where no contest is filed, the testimony of only one attesting witness is sufficient.
(b) If none of the subscribing witnesses to such will are produced, their insanity, death, subsequent incompetency, or absence from the state must be satisfactorily shown before proof of the handwriting of the testator, or any of the subscribing witnesses, can be received; in addition to the methods already provided, the will of a person serving in the armed forces of the United States, executed while such person is in the actual service of the United States, or the will of a seaman, executed while such seaman was at sea, shall be admitted to probate when either or all of the subscribing witnesses is out of the state at the time said will is offered for probate, or when the places of address of such witness or witnesses are unknown upon the oath of at least three credible witnesses, that the signature to said will is in the handwriting of the person whose will it purports to be. Such will so proven shall be effective to devise real property as well as to bequeath personal property of all kinds.
","history":"(Code 1852, §§1624, 1625; Code 1867, §§1943, 1944; Code 1876, §§2307, 2308; Code 1886, §§1979, 1980; Code 1896, §§4276, 4277; Code 1907, §§6185, 6186; Code 1923, §§10613, 10614; Code 1940, T. 61, §§39, 40; Acts 1945, No. 78, p. 75; Code 1975, §43-1-44.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41985,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41073,"codeId":9115,"versionId":7232,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-168","shortTitle":"Section 43-8-168","catchLine":"Depositions of Witnesses.","title":"Section 43-8-168 Depositions of Witnesses.","sectionRange":null,"content":"When the subscribing witnesses, or any of them, reside out of the state, or are physically unable or in any case in which depositions are authorized to be taken in circuit court, the judge of probate may issue a commission to take the testimony of such witnesses in proof of such will.
","history":"(Code 1852, §1626; Code 1867, §1945; Code 1876, §2309; Code 1886, §1981; Code 1896, §4278; Code 1907, §6187; Code 1923, §10615; Code 1940, T. 61, §41; Code 1975, §43-1-45.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41986,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41074,"codeId":9120,"versionId":7238,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-169","shortTitle":"Section 43-8-169","catchLine":"Recordation of Witnesses’ Testimony.","title":"Section 43-8-169 Recordation of Witnesses’ Testimony.","sectionRange":null,"content":"If it appears, on the proof taken before the judge of probate, that the will was duly executed, the testimony of the witnesses must be reduced to writing by him or her, signed by the witnesses and, with the will, immediately recorded in a book provided and kept for that purpose.
","history":"(Code 1852, §1627; Code 1867, §1946; Code 1876, §2310; Code 1886, §1982; Code 1896, §4279; Code 1907, §6188; Code 1923, §10616; Code 1940, T. 61, §42; Code 1975, §43-1-46.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41987,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41075,"codeId":9126,"versionId":7243,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-170","shortTitle":"Section 43-8-170","catchLine":"Certificate Endorsed on Will.","title":"Section 43-8-170 Certificate Endorsed on Will.","sectionRange":null,"content":"Every will so proved must have a certificate endorsed thereon, setting forth in substance that such will had been duly proved and recorded, with the proof, specifying also the date of the probate, the book in and page or pages on which it is recorded. Such endorsement must be signed by such judge of probate.
","history":"(Code 1852, §1628; Code 1867, §1947; Code 1876, §2311; Code 1886, §1983; Code 1896, §4280; Code 1907, §6189; Code 1923, §10617; Code 1940, T. 61, §43; Code 1975, §43-1-47.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41988,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41076,"codeId":9131,"versionId":7248,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-171","shortTitle":"Section 43-8-171","catchLine":"Admission of Will in Evidence.","title":"Section 43-8-171 Admission of Will in Evidence.","sectionRange":null,"content":"Every will, so proved or endorsed, may be read in evidence in any court of the state, without further proof thereof; and the record of such will and proof or a transcript thereof, certified by the judge of probate, must be received as evidence to the same extent as if the original will was produced, and the same proof made.
","history":"(Code 1852, §1629; Code 1867, §1948; Code 1876, §2312; Code 1886, §1984; Code 1896, §4281; Code 1907, §6190; Code 1923, §10618; Code 1940, T. 61, §44; Code 1975, §43-1-48.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41989,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41077,"codeId":9136,"versionId":7253,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-172","shortTitle":"Section 43-8-172","catchLine":"Protection of Bona Fide Purchasers, Etc.","title":"Section 43-8-172 Protection of Bona Fide Purchasers, Etc.","sectionRange":null,"content":"Any will which is not propounded for probate in this state within 12 months from the date of the death of the testator shall be inoperative and void as to bona fide purchasers, mortgagees, or pledgees (and those claiming under them) of property or any interest therein from the executors, administrators, heirs at law, devisees, distributees of the estate of such deceased or anyone claiming under them, provided such purchasers acquire their interest in such property prior to the time such will is propounded for probate in this state and without actual notice of such will.
The provisions of this section shall not affect the right of any beneficiary entitled thereto under any such will to follow the proceeds from the sale of any such property in lieu of such property in the hands of the executors, administrators, heirs at law, or distributees of such estate.
","history":"(Acts 1939, No. 42, p. 45; Code 1940, T. 61, §51; Code 1975, §43-1-49.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41990,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41078,"codeId":9141,"versionId":7258,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-173","shortTitle":"Section 43-8-173","catchLine":"Withdrawal of Will Before Probate.","title":"Section 43-8-173 Withdrawal of Will Before Probate.","sectionRange":null,"content":"When any will is filed with the probate judge or in the probate court for the purpose of probating the same, and it becomes necessary to withdraw said will before it is probated, the probate judge shall have the same recorded in the book in which are recorded probated wills, but shall mark or have written on the page or pages of the record where recorded the following: “Recorded Before Being Probated.” The probate judge shall not allow any will filed with him or her or his or her office for the purpose of probating to be removed from such office by anyone until it is so recorded, and in the event such will is lost, destroyed, or mutilated, the record of such will and certified transcripts therefrom shall be given the same force and effect as could be given the original.
","history":"(Code 1923, §10619; Code 1940, T. 61, §45; Code 1975, §43-1-50.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41991,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41079,"codeId":9147,"versionId":7265,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-174","shortTitle":"Section 43-8-174","catchLine":"Withdrawal of Will for Proof Out of State.","title":"Section 43-8-174 Withdrawal of Will for Proof Out of State.","sectionRange":null,"content":"Whenever any will has been proved and recorded for six months in any county of this state, as required by this article, and such will is required to be proved out of this state, the judge of probate may, on the application of the executor, duly sworn to, allow him or her to withdraw the will.
","history":"(Code 1852, §1631; Code 1867, §1950; Code 1876, §2314; Code 1886, §1986; Code 1896, §4283; Code 1907, §6192; Code 1923, §10621; Code 1940, T. 61, §47; Code 1975, §43-1-51.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41992,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41080,"codeId":9153,"versionId":7269,"parentId":9073,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-175","shortTitle":"Section 43-8-175","catchLine":"Probate of Foreign Will.","title":"Section 43-8-175 Probate of Foreign Will.","sectionRange":null,"content":"When the testator was not, at the time of his or her death, an inhabitant of this state, but was an inhabitant of some other state or territory of the United States of America, or of some other territory, district, or country subject to the jurisdiction of the United States of America, and his or her will has been duly proved in any other state of the United States of America, or in any territory, district, or country subject to the jurisdiction of the United States of America, it may be admitted to probate in the proper court of this state in the manner following: If the will has been admitted to probate out of the State of Alabama, but within another state of the United States of America, or within any territory, district, or country subject to the jurisdiction of the United States of America, such will, or copy of the same, and the probate thereof must be certified and authenticated as provided in 28 U.S.C.A., §1738. Upon the presentation to the probate judge of any such will, already admitted to probate out of the State of Alabama, but in another state of the United States of America, or in any territory, district, or country subject to the jurisdiction of the United States of America, authenticated as herein provided for, he or she shall, without notice or further proceedings, enter a decree admitting said will to probate, and shall record the same, together with a certificate of probate, in a record kept for that purpose. If the will has been admitted to probate elsewhere than in some other state of the United States of America, or some territory, district, or country subject to the jurisdiction of the United States of America, if such will purports or undertakes to dispose of, or if it has the effect of disposing of, any land or real estate situated within the State of Alabama, such will, in order to be valid to that end, shall be probated in all respects, including notice to the next of kin of the testator or testatrix, as wills are required to be probated in the courts of the State of Alabama, upon original proceedings to probate wills in this state, and shall be subject to be contested and controverted in the same manner as wills are subject to be contested and controverted when offered or propounded for original probate and record in the courts of this state. If the will has been admitted to probate elsewhere than in some other state of the United States of America, or some territory, district, or country subject to the jurisdiction of the United States of America, if such will purports or undertakes to dispose of, or if it has the effect of disposing of, any personal property situated within the State of Alabama, such will, in order to be valid to that end, shall be probated in all respects, including notice to the next of kin of the testator or testatrix, as wills are required to be probated in the courts of the State of Alabama, upon original proceedings to probate wills in this state, and shall be subject to be contested and controverted when offered or propounded for original probate and record in the courts of this state.
","history":"(Code 1852, §1630; Code 1867, §1949; Code 1876, §2313; Code 1886, §1985; Code 1896, §4282; Code 1907, §6191; Code 1923, §10620; Acts 1931, No. 82, p. 162; Code 1940, T. 61, §46; Acts 1945, No. 153, p. 193; Acts 1951, No. 988, p. 1663, §1; Acts 1959, 1st Ex. Sess., No. 92, p. 151; Code 1975, §43-1-52.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41993,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41081,"codeId":9165,"versionId":null,"parentId":9003,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"3","shortTitle":"Division 3","catchLine":"Contesting Validity of Will.","title":"Division 3 Contesting Validity of Will.","sectionRange":"§43-8-190 to §43-8-202","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":41994,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41082,"codeId":9166,"versionId":7279,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-190","shortTitle":"Section 43-8-190","catchLine":"Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury.","title":"Section 43-8-190 Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury.","sectionRange":null,"content":"A will, before the probate thereof, may be contested by any person interested therein, or by any person, who, if the testator had died intestate, would have been an heir or distributee of his or her estate, by filing in the court where it is offered for probate allegations in writing that the will was not duly executed, or of the unsoundness of mind of the testator, or of any other valid objections thereto; and thereupon an issue must be made up, under the direction of the court, between the person making the application, as plaintiff, and the person contesting the validity of the will, as defendant; and such issue must, on application of either party, be tried by a jury.
","history":"(Code 1852, §1634; Code 1867, §1953; Code 1876, §2317; Code 1886, §1989; Code 1896, §4287; Code 1907, §6196; Code 1923, §10625; Code 1940, T. 61, §52; Code 1975, §43-1-70.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41995,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41083,"codeId":9172,"versionId":7283,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-191","shortTitle":"Section 43-8-191","catchLine":"Time for Trial; Continuance; Summoning Witnesses.","title":"Section 43-8-191 Time for Trial; Continuance; Summoning Witnesses.","sectionRange":null,"content":"Upon the institution of such contest, a day must be appointed for the trial thereof, and the trial may, on good cause shown by either party, be continued to any other day; and the judge of probate must, on application of either party, issue subpoenas for witnesses to appear on the day fixed for such trial, and may resummon them to any day to which the same may be continued.
","history":"(Code 1852, §§1635, 1636, 1640; Code 1867, §§1934, 1955, 1959; Code 1876, §§2318, 2323; Code 1886, §1990; Code 1896, §4288; Code 1907, §6197; Code 1923, §10626; Code 1940, T. 61, §52; Code 1975, §43-1-71.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41996,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41084,"codeId":9176,"versionId":7287,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-192","shortTitle":"Section 43-8-192","catchLine":"Drawing and Summoning of Jurors; Penalty for Default.","title":"Section 43-8-192 Drawing and Summoning of Jurors; Penalty for Default.","sectionRange":null,"content":"(a) The jury for the trial of such contest must be drawn and summoned as provided by law.
(b) Any person summoned as a juror who shall, without legal cause or good excuse, fail to attend at the time and place required, shall be guilty of a contempt of court and may be punished by the court by a fine of not exceeding $100.00.
","history":"(Code 1852, §§1637-1639; Code 1867, §§1956-1958; Code 1876, §§2320-2322; Code 1886, §§1991, 1992; Code 1896, §§4289, 4290; Code 1907, §§6198, 6199; Acts 1909, No. 227, p. 305; Code 1923, §§10627, 10628; Code 1940, T. 61, §§54, 55; Code 1975, §43-1-72.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41997,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41085,"codeId":9179,"versionId":7290,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-193","shortTitle":"Section 43-8-193","catchLine":"Proceedings Against Defaulting Witness.","title":"Section 43-8-193 Proceedings Against Defaulting Witness.","sectionRange":null,"content":"If any witness, being duly summoned, fails to attend, the judge of probate shall enter up a conditional fine against him or her, not exceeding $50.00, and shall thereupon issue a notice to such witness to appear at a term of said court, not more than 30 days from the date of such notice and show cause why such fine should not be made absolute. The proceedings thereafter shall be governed by the same rules, and such witness shall be subject to the same liabilities, except as to the amount of the fine, as are provided by law in cases of defaulting witnesses in the circuit court.
","history":"(Code 1852, §1642; Code 1867, §1961; Code 1876, §2325; Code 1886, §1993; Code 1896, §4291; Code 1907, §6200; Code 1923, §10629; Code 1940, T. 61, §56; Code 1975, §43-1-73.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41998,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41086,"codeId":9184,"versionId":7295,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-194","shortTitle":"Section 43-8-194","catchLine":"Depositions of Witnesses; Rules Governing Procedure.","title":"Section 43-8-194 Depositions of Witnesses; Rules Governing Procedure.","sectionRange":null,"content":"For the trial of such contest, depositions of witnesses may be taken in like cases, for the same causes and in the same manner, as depositions are taken in civil actions in the circuit court. In all matters relating to the organization and impaneling of the jury, to the evidence, mode of proceeding and investigation and determination of such contest, not specially provided for by this article, the court shall proceed and be governed by the same rules and regulations, so far as applicable, as prevail in courts of law in civil cases.
","history":"(Code 1852, §§1641, 1643; Code 1867, §§1960, 1962; Code 1876, §§2324, 2326; Code 1886, §1994; Code 1896, §4292; Code 1907, §6201; Code 1923, §10630; Code 1940, T. 61, §57; Code 1975, §43-1-74.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":41999,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41087,"codeId":9188,"versionId":7298,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-195","shortTitle":"Section 43-8-195","catchLine":"Admission or Rejection of Will.","title":"Section 43-8-195 Admission or Rejection of Will.","sectionRange":null,"content":"When the judgment of the probate court is against the validity of the will, the probate thereof must be rejected; otherwise, the will must be admitted to probate.
","history":"(Code 1852, §1647; Code 1867, §1965; Code 1876, §2329; Code 1886, §1995; Code 1896, §4293; Code 1907, §6202; Code 1923, §10631; Code 1940, T. 61, §58; Code 1975, §43-1-75.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42000,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41088,"codeId":9192,"versionId":7301,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-196","shortTitle":"Section 43-8-196","catchLine":"Costs.","title":"Section 43-8-196 Costs.","sectionRange":null,"content":"The costs of any contest under the provisions of this article must be paid by the party contesting if he or she fails; otherwise, it must be paid by the plaintiff or out of the estate, or in such proportion by the plaintiff or out of the estate as the court may direct; and for the costs directed to be paid by the plaintiff or defendant, execution may be issued as in other cases; and the costs directed to be paid out of the estate may be collected as other claims against an estate are collected.
","history":"(Code 1852, §§1649, 1650, 1653; Code 1867, §§1967, 1968, 1971; Code 1876, §§2331, 2332, 2335; Code 1886, §1996; Code 1896, §4294; Code 1907, §6203; Code 1923, §10632; Code 1940, T. 61, §59; Code 1975, §43-1-76.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42001,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41089,"codeId":9195,"versionId":7304,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-197","shortTitle":"Section 43-8-197","catchLine":"Change of Venue.","title":"Section 43-8-197 Change of Venue.","sectionRange":null,"content":"(a) At any time before the trial of such contest, either party may remove the same to another county by proceeding as is required in civil actions in the circuit court; and when an order for the removal of the trial of such contest is made, the judge of probate must transmit the will, subpoenas and all other papers belonging, and a transcript of all the entries of record relating thereto, to the judge of the probate court of the county to which the trial is ordered to be removed. Such judge of probate must proceed to try the case in the same manner as prescribed for the judge of probate of the county from which it has been removed.
(b) If the judgment is rendered in the probate court to which it has been removed, and no appeal is taken within 30 days thereafter, such judgment must be certified by the judge of such probate court, and the will and other papers be returned to the probate court from which the trial was removed; and the will must be probated or rejected in such probate court as such judgment may be for or against the validity of the will.
(c) If, on the removal of the trial, the costs are directed to be paid out of the estate, a bill of costs must be made out by the judge of probate trying the same and certified to the judge of probate of the county from which the trial was removed; and such bill of costs may be taxed by motion in the court in which the trial was had, and the same may be recertified to such judge of probate.
","history":"(Code 1852, §§1644, 1651, 1652; Code 1867, §§1963, 1964, 1966, 1969, 1970; Code 1876, §§2327, 2328, 2330, 2333, 2334; Code 1886, §§1997-1999; Code 1896, §§4295-4297; Code 1907, §§6204-6206; Code 1923, §§10633-10635; Code 1940, T. 61, §§60-62; Code 1975, §43-1-77.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42002,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41090,"codeId":9199,"versionId":7309,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-198","shortTitle":"Section 43-8-198","catchLine":"Transfer of Contest to Circuit Court; Appeal from Judgment of Circuit Court; Certification of Judgment, Etc., to Probate Court.","title":"Section 43-8-198 Transfer of Contest to Circuit Court; Appeal from Judgment of Circuit Court; Certification of Judgment, Etc., to Probate Court.","sectionRange":null,"content":"Upon the demand of any party to the contest, made in writing at the time of filing the initial pleading, the probate court, or the judge thereof, must enter an order transferring the contest to the circuit court of the county in which the contest is made, and must certify all papers and documents pertaining to the contest to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit court and a special session of said court may be called for the trial of said contest or, said contest may be tried by said circuit court at any special or regular session of said court. The issues must be made up in the circuit court as if the trial were to be had in the probate court, and the trial had in all other respects as trials in other civil cases in the circuit court. An appeal to the supreme court may be taken from the judgment of the circuit court on such contest within 42 days after the entry of such judgment. After a final determination of the contest, the clerk of the circuit court shall certify the transcript of all judgments of the circuit court in such proceedings, together with all of the papers and documents theretofore certified to the circuit court by the probate court, back to the probate court from which they were first certified to the circuit court, and thereafter shall be recorded in the probate court as all other contested wills are recorded in the probate court.
","history":"(Code 1923, §10636; Code 1940, T. 61, §63; Acts 1947, No. 712, p. 552; Code 1975, §43-1-78.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42003,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41091,"codeId":9203,"versionId":7311,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-199","shortTitle":"Section 43-8-199","catchLine":"Contest in Circuit Court After Admission to Probate - Generally.","title":"Section 43-8-199 Contest in Circuit Court After Admission to Probate - Generally.","sectionRange":null,"content":"Any person interested in any will who has not contested the same under the provisions of this article, may, at any time within the six months after the admission of such will to probate in this state, contest the validity of the same by filing a complaint in the circuit court in the county in which such will was probated.
","history":"(Code 1852, §1654; Code 1867, §1972; Code 1876, §2336; Code 1886, §2000; Code 1896, §4298; Code 1907, §6207; Code 1923, §10637; Acts 1931, No. 733, p. 844; Code 1940, T. 61, §64; Code 1975, §43-1-79.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42004,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41092,"codeId":9206,"versionId":7313,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-200","shortTitle":"Section 43-8-200","catchLine":"Contest in Circuit Court After Admission to Probate - Parties; Conclusiveness of Judgment.","title":"Section 43-8-200 Contest in Circuit Court After Admission to Probate - Parties; Conclusiveness of Judgment.","sectionRange":null,"content":"In the event a contest of the probate of a will is instituted in the circuit court, as is or may be authorized by law, all parties interested in the probate of the will, as devisees, legatees or otherwise, as well as those interested in the testator if he or she had died intestate, as heirs, distributees, or next of kin, shall be made parties to the contest; and if there be minors or persons of unsound mind interested in the estate or in the probate of the will, they shall be represented by their legal guardian, if such they have; if they have no such guardian, the court shall appoint an attorney-at-law as guardian ad litem to represent their interest in the contest, and the final judgment in such contest proceedings shall be conclusive as to all matters which were litigated or could have been litigated in such contest; and no further proceedings shall ever be entertained in any courts of this state to probate or contest the probate of such will.
","history":"(Code 1923, §10638; Code 1940, T. 61, §65; Code 1975, §43-1-80.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42005,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41093,"codeId":9209,"versionId":7315,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-201","shortTitle":"Section 43-8-201","catchLine":"Contest in Circuit Court After Admission to Probate - Additional Time for Contest by Infants and Persons of Unsound Mind.","title":"Section 43-8-201 Contest in Circuit Court After Admission to Probate - Additional Time for Contest by Infants and Persons of Unsound Mind.","sectionRange":null,"content":"After the expiration of such six months, the validity of the will can only be contested by infants and persons of unsound mind who had no legal guardian at the time the will was admitted to probate, or who were not represented by a guardian ad litem, who are allowed 12 months after the appointment of a guardian, or, if none be appointed, 12 months from the termination of their respective disabilities in which to contest such will, but in no case to exceed 20 years from the time the will was admitted to probate; and also provided there has not been one contest instituted and prosecuted to final judgment in the circuit court as is provided for in Sections 43-8-199 and 43-8-200; in which case the final judgment of the circuit court, court of civil appeals or supreme court shall be final and conclusive against all parties.
","history":"(Code 1852, §1656; Code 1867, §1974; Code 1876, §2338; Code 1886, §2002; Code 1896, §4299; Code 1907, §6208; Code 1923, §10639; Acts 1931, No. 731, p. 843; Code 1940, T. 61, §66; Code 1975, §43-1-81.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42006,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41094,"codeId":9212,"versionId":7318,"parentId":9165,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-202","shortTitle":"Section 43-8-202","catchLine":"Contest in Circuit Court After Admission to Probate - Trial of Issues by Jury; Consideration of Witnesses’ Testimony.","title":"Section 43-8-202 Contest in Circuit Court After Admission to Probate - Trial of Issues by Jury; Consideration of Witnesses’ Testimony.","sectionRange":null,"content":"The circuit court may, in such case, direct an issue to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge, the testimony of the witnesses reduced to writing by the judge of probate, according to Section 43-8-169, is evidence to be considered by the judge or jury.
","history":"(Code 1852, §1655; Code 1867, §1973; Code 1876, §2337; Code 1886, §2001; Code 1896, §4300; Code 1907, §6209; Code 1923, §10640; Code 1940, T. 61, §67; Code 1975, §43-1-82.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42007,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41095,"codeId":55341,"versionId":null,"parentId":9003,"effectiveDate":null,"supersessionDate":null,"type":"Division","displayId":"4","shortTitle":"Division 4","catchLine":"Jurisdiction for Will Contests Filed for Probate on or After January 1, 2023, and the Removal of the Administration of a Decedent’s Estate When the Administration Commenced on or After January 1, 2023.","title":"Division 4 Jurisdiction for Will Contests Filed for Probate on or After January 1, 2023, and the Removal of the Administration of a Decedent’s Estate When the Administration Commenced on or After January 1, 2023.","sectionRange":"§43-8-210 to §43-8-217","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42008,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41096,"codeId":55342,"versionId":49550,"parentId":55341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-210","shortTitle":"Section 43-8-210","catchLine":"Application and Construction of Division.","title":"Section 43-8-210 Application and Construction of Division.","sectionRange":null,"content":"(a) This division applies to both of the following:
(1) Wills filed for probate on or after January 1, 2023, and the removal to circuit court of the administration of a decedent’s estate when the administration commenced on or after January 1, 2023.
(2) Any probate proceeding, including a will contest or the removal of the administration of a decedent’s estate, regardless of when filed, which was before a circuit or appeals court as of April 14, 2022, and which was subject to an order issued by a probate or circuit court purporting to transfer or remove the case to circuit court or purporting to accept the case into circuit court.
(b) Sections 12-11-41, 12-11-41.1, 43-8-190, 43-8-197, 43-8-198, 43-8-199, 43-8-200, and 43-8-201, shall not apply to, and shall not deprive a circuit court of jurisdiction of probate proceedings pursuant to the enumerated sections, in either of the following:
(1) Wills filed for probate on or after January 1, 2023, or the removal of the administration of a decedent’s estate, when the administration was commenced on or after January 1, 2023.
(2) Any probate proceeding, including a will contest or the removal of the administration of a decedent’s estate, regardless of when filed, which was before a circuit or appeals court as of April 14, 2022, and which was subject to an order issued by a probate court or circuit court purporting to transfer or remove the case to circuit court or purporting to accept the case into circuit court.
(c) If any provision of this division conflicts with any provision of Chapter 13 of Title 12; Division 3, Article 7, Chapter 8 of Title 43; or any other provision of law, the provision of this division prevails.
","history":"(Act 2022-427, §1; Act 2023-289, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42009,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41097,"codeId":55343,"versionId":48368,"parentId":55341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-211","shortTitle":"Section 43-8-211","catchLine":"Additional Rules Relating to a Determination of Death and Status.","title":"Section 43-8-211 Additional Rules Relating to a Determination of Death and Status.","sectionRange":null,"content":"In addition to the rules of evidence in the courts of general jurisdiction, the following rules relating to a determination of death and status apply:
(1) Death occurs when an individual is determined to be dead under the Alabama Determination of Death Act, Section 22-31-1, et seq.
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(4) In the absence of prima facie evidence of death under subdivision (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(5) An individual whose death is not established under the preceding subdivisions who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual’s death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
","history":"(Act 2022-427, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42010,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41098,"codeId":55344,"versionId":48369,"parentId":55341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-212","shortTitle":"Section 43-8-212","catchLine":"Proceedings Under This Division.","title":"Section 43-8-212 Proceedings Under This Division.","sectionRange":null,"content":"Unless the context otherwise requires, in this division, a proceeding includes an action at law and a suit in equity.
","history":"(Act 2022-427, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42011,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41099,"codeId":55345,"versionId":49551,"parentId":55341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-213","shortTitle":"Section 43-8-213","catchLine":"Jurisdiction of Probate Court.","title":"Section 43-8-213 Jurisdiction of Probate Court.","sectionRange":null,"content":"To the full extent permitted by the Constitution of Alabama of 2022 both of the following apply:
(1) The probate court has jurisdiction over all matters set forth in Section 12-13-1.
(2) The probate court where a will is offered for probate has original and general jurisdiction over the contest of the validity of the will in accordance with Section 43-8-215, unless the proceeding has been removed to the circuit court under Section 43-8-216 and is then pending in the circuit court, in which case jurisdiction will lie with the circuit court until the proceeding is remanded in accordance with Section 43-8-216.
","history":"(Act 2022-427, §1; Act 2023-289, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42012,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41100,"codeId":55346,"versionId":48371,"parentId":55341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-214","shortTitle":"Section 43-8-214","catchLine":"Venue of Proceedings.","title":"Section 43-8-214 Venue of Proceedings.","sectionRange":null,"content":"(a) Where a proceeding under this division could be maintained in more than one place in this state, the probate court in which the proceeding is first commenced has the exclusive right to proceed.
(b) If proceedings concerning the same estate are commenced in more than one probate court of this state, the probate court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided; and if the ruling probate court determines that venue is properly in another court, it shall transfer the proceeding to the other probate court.
(c) If a probate court finds that in the interest of justice a proceeding or a file should be located in another probate court of this state, the court making the finding may transfer the proceeding or file to the other probate court.
","history":"(Act 2022-427, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42013,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41101,"codeId":55347,"versionId":49552,"parentId":55341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-215","shortTitle":"Section 43-8-215","catchLine":"Contesting the Probate of a Will.","title":"Section 43-8-215 Contesting the Probate of a Will.","sectionRange":null,"content":"(a) A will, before the probate thereof or at any time within 180 days after the admission of such will to probate, may be contested by any interested person by filing in the court where it is offered for probate, or if the proceedings in that court have been removed to the circuit court in accordance with Section 43-8-216 and is then pending in the circuit court, then in the circuit court to which the proceeding has been removed, allegations in writing that the will was not duly executed, or of the unsoundness of mind of the testator, or of any other valid objections thereto; and thereupon an issue must be made up, under the direction of the court, between the person who made or is making the application for the probate of the will, as plaintiff, and the person contesting the validity of the will, as defendant; and the issue, on application of either party, must be tried by a jury.
(b) In the event of a contest of the probate of a will, all interested persons shall be made parties to the contest; the contest proceedings shall be conclusive as to all matters that were litigated or could have been litigated in such contest; and no further proceedings shall ever be entertained in any courts of this state to probate or contest the probate of the will.
(c) After the expiration of the 180-day period after the admission of the will to probate, the validity of the will can only be contested by infants and persons of unsound mind who had no legal conservator at the time the will was admitted to probate, or who were not represented by a guardian ad litem, who are allowed one year after the appointment of a conservator, or, if none be appointed, one year from the termination of their respective disabilities in which to contest such will, but in no case to exceed 20 years from the time the will was admitted to probate; and also provided there has not been a contest of such will instituted and prosecuted to final judgment.
(d) Except for proceedings pending in a probate court in a county where the probate court or judge exercises equity jurisdiction concurrent with that of the circuit court by virtue of a provision of the Constitution of Alabama of 2022, specific to the county, a local act, or a statute specific to the county, then, pursuant to Section 43-8-216, any party to the will contest may remove the will contest from the probate court to the circuit court, provided the removal occurs no later than 42 days before the first setting of the contest for trial unless leave of the probate court is obtained based on a showing of good cause.
","history":"(Act 2022-427, §1; Act 2023-289, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42014,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41103,"codeId":55349,"versionId":48374,"parentId":55341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-217","shortTitle":"Section 43-8-217","catchLine":"Filed Documents Deemed to Include Oath or Affirmation; Perjury.","title":"Section 43-8-217 Filed Documents Deemed to Include Oath or Affirmation; Perjury.","sectionRange":null,"content":"Except as otherwise specifically provided in this division or by rule, every document filed with the probate court under this division, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that representations contained in the document are true as far as the person executing or filing the document knows or is informed, and that penalties for perjury may follow deliberate falsification therein.
","history":"(Act 2022-427, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42016,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41104,"codeId":9231,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8","shortTitle":"Article 8","catchLine":"Construction of Wills.","title":"Article 8 Construction of Wills.","sectionRange":"§43-8-220 to §43-8-231","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42017,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41105,"codeId":9232,"versionId":7331,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-220","shortTitle":"Section 43-8-220","catchLine":"Requirement That Devisee Survive Testator by Five Days.","title":"Section 43-8-220 Requirement That Devisee Survive Testator by Five Days.","sectionRange":null,"content":"A devisee who does not survive the testator by five days is treated as if he or she predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will.
","history":"(Acts. 1982, No. 82-399, §2-601.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42018,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41106,"codeId":9237,"versionId":7333,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-221","shortTitle":"Section 43-8-221","catchLine":"Choice of Law as to Meaning and Effect of Wills.","title":"Section 43-8-221 Choice of Law as to Meaning and Effect of Wills.","sectionRange":null,"content":"The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in his or her instrument unless the application of that law is contrary to the provisions relating to the elective share described in Sections 43-8-70 through 43-8-75, the provisions relating to exempt property and allowances described in Sections 43-8-110 through 43-8-113, or any other public policy of this state otherwise applicable to the disposition.
","history":"(Acts 1982, No. 82-399, §2-602.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42019,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41107,"codeId":9240,"versionId":7336,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-222","shortTitle":"Section 43-8-222","catchLine":"Controlling Effect of Intention of Testator.","title":"Section 43-8-222 Controlling Effect of Intention of Testator.","sectionRange":null,"content":"The intention of a testator as expressed in his or her will controls the legal effect of his or her dispositions. The rules of construction expressed in the succeeding sections of this article apply unless a contrary intention is indicated by the will.
","history":"(Acts 1982, No. 82-399, §2-603.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42020,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41108,"codeId":9243,"versionId":7338,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-223","shortTitle":"Section 43-8-223","catchLine":"Construction of Will to Pass All Property, Including After-Acquired Property.","title":"Section 43-8-223 Construction of Will to Pass All Property, Including After-Acquired Property.","sectionRange":null,"content":"A will is construed to pass all property which the testator owns at his or her death including property acquired after the execution of the will.
","history":"(Acts 1982, No. 82-399, §2-604.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42021,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41109,"codeId":9247,"versionId":7340,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-224","shortTitle":"Section 43-8-224","catchLine":"Anti-lapse Provision; Applicability to Deceased Devisees and to Class Gifts.","title":"Section 43-8-224 Anti-lapse Provision; Applicability to Deceased Devisees and to Class Gifts.","sectionRange":null,"content":"If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he or she predeceased the testator, the issue of the deceased devisee who survive the testator by five days take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he or she had survived the testator is treated as a devisee for purposes of this section whether his or her death occurred before or after the execution of the will.
","history":"(Acts 1982, No. 82-399, §2-605.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42022,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41110,"codeId":9251,"versionId":7343,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-225","shortTitle":"Section 43-8-225","catchLine":"Effect of Failure of Testamentary Provisions.","title":"Section 43-8-225 Effect of Failure of Testamentary Provisions.","sectionRange":null,"content":"(a) Except as provided in Section 43-8-224 if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(b) Except as provided in Section 43-8-224 if the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, his or her share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.
","history":"(Acts 1982, No. 82-399, §2-606.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42023,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41111,"codeId":9257,"versionId":7346,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-226","shortTitle":"Section 43-8-226","catchLine":"Specific Devise of Securities; Change in Securities; Accessions; Nonademption.","title":"Section 43-8-226 Specific Devise of Securities; Change in Securities; Accessions; Nonademption.","sectionRange":null,"content":"(a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to:
(1) As much of the devised securities as is a part of the estate at time of the testator’s death;
(2) Any additional or other securities of the same entity derived from the securities specifically devised and owned by the testator by reason of action initiated by the entity excluding any acquired by exercise of purchase options;
(3) Securities of another entity derived from the securities specifically devised and owned by the testator as a result of a merger, consolidation, reorganization or other similar action initiated by the entity; and
(4) Any additional securities of the entity owned by the testator as a result of a plan of reinvestment if it is a regulated investment company, which is defined in Section 851 of the Federal Internal Revenue Code of 1954 as amended.
(b) Distributions prior to death with respect to a specifically devised security not provided for in subsection (a) of this section are not part of the specific devise.
","history":"(Acts 1982, No. 82-399, §2-607.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42024,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41112,"codeId":9262,"versionId":7350,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-227","shortTitle":"Section 43-8-227","catchLine":"Nonademption of Specific Devises in Certain Cases; Proceeds of Sale, Condemnation, Insurance or Foreclosure; Sale by Guardian or Curator.","title":"Section 43-8-227 Nonademption of Specific Devises in Certain Cases; Proceeds of Sale, Condemnation, Insurance or Foreclosure; Sale by Guardian or Curator.","sectionRange":null,"content":"(a) A specific devisee has the right to the remaining specifically devised property and:
(1) Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at death by reason of sale of the property;
(2) Any amount of a condemnation award for the taking of the property unpaid at death;
(3) Any proceeds unpaid at death on fire or casualty insurance on the property; and
(4) Property owned by testator at his or her death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation.
(b) If specifically devised property is sold by a guardian or curator, or if a condemnation award or insurance proceeds are paid to a guardian or curator as a result of condemnation, fire, or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if after the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one year. The right of the specific devisee under this subsection is reduced by any right he or she had under subsection (a) of this section.
","history":"(Acts 1982, No. 82-399, §2-608.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42025,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41113,"codeId":9266,"versionId":7353,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-228","shortTitle":"Section 43-8-228","catchLine":"Nonexoneration.","title":"Section 43-8-228 Nonexoneration.","sectionRange":null,"content":"A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
","history":"(Acts 1982, No. 82-399, §2-609.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42026,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41114,"codeId":9270,"versionId":7356,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-229","shortTitle":"Section 43-8-229","catchLine":"Exercise of Power of Appointment.","title":"Section 43-8-229 Exercise of Power of Appointment.","sectionRange":null,"content":"A general residuary clause in a will, or a will making general disposition of all of the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power.
","history":"(Acts 1982, No. 82-399, §2-610.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42027,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41115,"codeId":9274,"versionId":7359,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-230","shortTitle":"Section 43-8-230","catchLine":"Construction of Generic Terms to Accord with Relationships as Defined for Intestate Succession; When Person Born Out of Wedlock Treated as Child of Father.","title":"Section 43-8-230 Construction of Generic Terms to Accord with Relationships as Defined for Intestate Succession; When Person Born Out of Wedlock Treated as Child of Father.","sectionRange":null,"content":"Half-bloods, adopted persons, and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession. However, a person born out of wedlock is not treated as the child of the father unless the person is openly and notoriously so treated by the father.
","history":"(Acts 1982, No. 82-399, §2-611.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42028,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41116,"codeId":9278,"versionId":7362,"parentId":9231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-231","shortTitle":"Section 43-8-231","catchLine":"Ademption by Satisfaction.","title":"Section 43-8-231 Ademption by Satisfaction.","sectionRange":null,"content":"Property which a testator gave in his or her lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first.
","history":"(Acts 1982, No. 82-399, §2-612.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42029,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41117,"codeId":9289,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"9","shortTitle":"Article 9","catchLine":"Miscellaneous Provisions.","title":"Article 9 Miscellaneous Provisions.","sectionRange":"§43-8-250 to §43-8-256","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42030,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41118,"codeId":9290,"versionId":7371,"parentId":9289,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-250","shortTitle":"Section 43-8-250","catchLine":"Contracts Concerning Succession, Etc.; No Presumption of Nonrevocation from Joint or Mutual Wills.","title":"Section 43-8-250 Contracts Concerning Succession, Etc.; No Presumption of Nonrevocation from Joint or Mutual Wills.","sectionRange":null,"content":"A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1983, can be established only by:
(1) Provisions of a will stating material provisions of the contract;
(2) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(3) A writing signed by the decedent evidencing the contract.
The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
","history":"(Acts 1982, No. 82-399, §2-701.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42031,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41119,"codeId":9295,"versionId":7375,"parentId":9289,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-251","shortTitle":"Section 43-8-251","catchLine":"Renunciation of Succession.","title":"Section 43-8-251 Renunciation of Succession.","sectionRange":null,"content":"Renunciation of succession shall be through compliance with Article 11 of this chapter or as otherwise provided by law.
","history":"(Acts 1982, No. 82-399, §2-801.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42032,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41122,"codeId":9309,"versionId":7388,"parentId":9289,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-254","shortTitle":"Section 43-8-254","catchLine":"Appointment of Debtor as Executor.","title":"Section 43-8-254 Appointment of Debtor as Executor.","sectionRange":null,"content":"The appointment of a debtor as an executor is not a discharge of the debt, unless it is so directed in the will.
","history":"(Code 1852, §1606; Code 1867, §1927; Code 1876, §2291; Code 1886, §1952; Code 1896, §4258; Code 1907, §6167; Code 1923, §10592; Code 1940, T. 61, §17; Code 1975, §43-1-14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42035,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41123,"codeId":9313,"versionId":7392,"parentId":9289,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-255","shortTitle":"Section 43-8-255","catchLine":"Administrators with Will Annexed Have Same Powers as Executors.","title":"Section 43-8-255 Administrators with Will Annexed Have Same Powers as Executors.","sectionRange":null,"content":"Administrators with the will annexed have the same powers and authority over the estates which executors named in the will would have, and their acts are as effectual for all purposes.
","history":"(Code 1923, §10595; Code 1940, T. 61, §22; Code 1975, §43-1-18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42036,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41124,"codeId":9318,"versionId":7397,"parentId":9289,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-256","shortTitle":"Section 43-8-256","catchLine":"Testator May Preclude Corporation from Becoming Surety on Bond of Executor or Administrator.","title":"Section 43-8-256 Testator May Preclude Corporation from Becoming Surety on Bond of Executor or Administrator.","sectionRange":null,"content":"Whenever any testator, by the terms of his or her will, so provides, no corporation shall be accepted upon the bond of any executor or administrator of such testator.
","history":"(Code 1896, §3097; Code 1907, §1512; Code 1923, §2645; Code 1940, T. 61, §23; Code 1975, §43-1-19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42037,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41125,"codeId":9324,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"10","shortTitle":"Article 10","catchLine":"Custody of Wills.","title":"Article 10 Custody of Wills.","sectionRange":"§43-8-270","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42038,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41126,"codeId":9326,"versionId":7403,"parentId":9324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-270","shortTitle":"Section 43-8-270","catchLine":"Duty of Custodian of Will After Death of Testator; Liability.","title":"Section 43-8-270 Duty of Custodian of Will After Death of Testator; Liability.","sectionRange":null,"content":"After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Any person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to the penalty for contempt of court.
","history":"(Acts 1982, No. 82-399, §2-901.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42039,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41127,"codeId":9331,"versionId":null,"parentId":8720,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"11","shortTitle":"Article 11","catchLine":"Uniform Disclaimer of Property Interests.","title":"Article 11 Uniform Disclaimer of Property Interests.","sectionRange":"§43-8-290 to §43-8-298","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42040,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41128,"codeId":9332,"versionId":7408,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-290","shortTitle":"Section 43-8-290","catchLine":"Short Title.","title":"Section 43-8-290 Short Title.","sectionRange":null,"content":"This article may be cited as the Alabama Uniform Disclaimer of Property Interests Act.
","history":"(Acts 1981, No. 81-156, §1; Code 1975, §35-17-1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42041,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41129,"codeId":9336,"versionId":7412,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-291","shortTitle":"Section 43-8-291","catchLine":"Right to Disclaim Interest in Property.","title":"Section 43-8-291 Right to Disclaim Interest in Property.","sectionRange":null,"content":"(a) A person, or the representative of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir, next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract, or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument, or to whom any property or interest therein devolves, by whatever means, may disclaim in whole or in part the right of succession to any property or interest therein by delivering or filing a written disclaimer under this article.
(b) A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to him or her by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to him or her, if the joint tenancy was created by act of a deceased joint tenant, if the survivor did not join in creating the joint tenancy.
(c) The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.
","history":"(Acts 1981, No. 81-156, §2; Code 1975, §35-17-2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42042,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41130,"codeId":9339,"versionId":7415,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-292","shortTitle":"Section 43-8-292","catchLine":"Filing and Delivery of Disclaimer.","title":"Section 43-8-292 Filing and Delivery of Disclaimer.","sectionRange":null,"content":"(a) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest, not later than nine months after the death of the deceased owner or deceased donee of a power of appointment and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his or her interest is indefeasibly vested. The disclaimer shall be filed in the probate court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced or, if they have not been commenced, in which they could be commenced. A copy of the disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative or other fiduciary of the decedent or donee of the power.
(b) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered or filed, as to a present interest, not later than nine months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his or her interest is indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered or filed not later than nine months after he or she has actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to himself or herself or another the entire legal and equitable ownership of the interest. The disclaimer or a copy thereof shall be delivered in person or mailed by registered or certified mail to the trustee or other person who has legal title to, or possession of, the interest disclaimed.
(c) In any case, as to a transfer creating an interest in the disclaimant made after December 31, 1976, and subject to tax under Chapter 11, 12, or 13 of the Internal Revenue Code of 1954, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than nine months after the later of the date the transfer is made or the day on which the person disclaiming attains age 21.
(d) If real property or an interest therein is disclaimed, a copy of the disclaimer instrument may be filed for record in the office of the probate judge of the county in which the property or interest disclaimed is located.
","history":"(Acts 1981, No. 81-156, §3; Code 1975, §35-17-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42043,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41131,"codeId":9344,"versionId":7420,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-293","shortTitle":"Section 43-8-293","catchLine":"Form of Disclaimer.","title":"Section 43-8-293 Form of Disclaimer.","sectionRange":null,"content":"The disclaimer shall:
(1) Be in writing;
(2) Describe the property or interest disclaimed;
(3) Declare the disclaimer and extent thereof; and
(4) Be signed by the disclaimant.
","history":"(Acts 1981, No. 81-156, §4; Code 1975, §35-17-4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42044,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41132,"codeId":9348,"versionId":7423,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-294","shortTitle":"Section 43-8-294","catchLine":"Effect of Disclaimer.","title":"Section 43-8-294 Effect of Disclaimer.","sectionRange":null,"content":"(a) If the property or interest devolved to a disclaimant under a testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the decedent or, if the disclaimant was designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power. Any future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his or her interest is indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent, or of the donee of the power, or the determinative event, as the case may be.
(b) If the property or interest devolved to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition:
(1) It devolves as if the disclaimant had died before the effective date of the instrument or contract; and
(2) A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his or her interest indefeasibly vested.
A disclaimer relates back for all purposes to the effective date of the instrument or contract or the date of the determinative event, as the case may be.
(c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him or her.
","history":"(Acts 1981, No. 81-156, §5; Code 1975, §35-17-5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42045,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41133,"codeId":9352,"versionId":7426,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-295","shortTitle":"Section 43-8-295","catchLine":"Waiver and Bar.","title":"Section 43-8-295 Waiver and Bar.","sectionRange":null,"content":"The right to disclaim property or an interest therein is barred by:
(1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor;
(2) A written waiver of the right to disclaim;
(3) An acceptance of the property or interest or a benefit thereunder; or
(4) A sale of the property or interest under judicial sale made before the disclaimer is effected.
","history":"(Acts 1981, No. 81-156, §6; Code 1975, §35-17-6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42046,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41134,"codeId":9355,"versionId":7430,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-296","shortTitle":"Section 43-8-296","catchLine":"Remedy Not Exclusive.","title":"Section 43-8-296 Remedy Not Exclusive.","sectionRange":null,"content":"This article does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute.
","history":"(Acts 1981, No. 81-156, §7; Code 1975, §35-17-7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42047,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41135,"codeId":9357,"versionId":7432,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-297","shortTitle":"Section 43-8-297","catchLine":"Uniformity of Application and Construction.","title":"Section 43-8-297 Uniformity of Application and Construction.","sectionRange":null,"content":"This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. It is the intent of the legislature of the State of Alabama by this article to clarify the laws of this state with respect to the subject matter hereof in order to ensure the ability of persons to disclaim interests in property without the imposition of federal and state estate, inheritance, gift, and transfer taxes. This article is to be interpreted and construed in accordance with, and in furtherance of, that intent.
","history":"(Acts 1981, No. 81-156, §8; Code 1975, §35-17-8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42048,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41136,"codeId":9363,"versionId":7436,"parentId":9331,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"43-8-298","shortTitle":"Section 43-8-298","catchLine":"Applicability of Article.","title":"Section 43-8-298 Applicability of Article.","sectionRange":null,"content":"An interest in property that exists on the effective date of this article as to which, if a present interest, the time for delivering or filing a disclaimer under this article has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after the effective date of this article.
","history":"(Acts 1981, No. 81-156, §10; Code 1975, §35-17-9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42049,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41137,"codeId":44,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"44","shortTitle":"Title 44","catchLine":"Youth Services.","title":"Title 44 Youth Services.","sectionRange":null,"content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42050,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41138,"codeId":10507,"versionId":null,"parentId":44,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"Department of Youth Services and Youth Services Board.","title":"Chapter 1 Department of Youth Services and Youth Services Board.","sectionRange":"§44-1-1 to §44-1-78","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42051,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41139,"codeId":10509,"versionId":null,"parentId":10507,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§44-1-1 to §44-1-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42052,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41140,"codeId":10510,"versionId":8427,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-1","shortTitle":"Section 44-1-1","catchLine":"Purpose of Chapter.","title":"Section 44-1-1 Purpose of Chapter.","sectionRange":null,"content":"The purpose of this chapter is to promote and safeguard the social well-being and general welfare of the youth of the state through a comprehensive and coordinated program of public services for the prevention of juvenile delinquency and the rehabilitation of delinquent youth. This state program shall provide the following:
(1) Social and educational services and facilities for any youth whom a juvenile judge deems in need of such state services;
(2) The establishment of standards for social and educational services and facilities for such youth;
(3) Cooperation with public and voluntary agencies, organizations and citizen groups in the development and coordination of programs and activities directed toward the prevention, control and treatment of delinquency;
(4) The promotion and improvement of community conditions, programs and resources to aid parents in discharging their responsibilities for the care, development and well-being of their children; and
(5) The promotion of improved communications between the public and voluntary agencies and bodies of this state responsible for said youth and the juvenile courts of this state.
","history":"(Acts 1973, No. 816, p. 1261, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42053,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41141,"codeId":10512,"versionId":22391,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-2","shortTitle":"Section 44-1-2","catchLine":"Definitions.","title":"Section 44-1-2 Definitions.","sectionRange":null,"content":"The following terms, wherever used in this chapter, shall have the following meanings:
(1) AFTERCARE. A youth is released by the department from a state training school operated by the department, wherein the department releases legal custody, supervision, and the right to return until further order of the juvenile court. The term means a legal status created by order of the committing court at the time of release from a state training school whereby a youth is permitted to return to the community subject to supervision by the court or any agency designated by the court and subject to return to the court at any time during the aftercare period.
(2) BOARD. The Alabama Youth Services Board.
(3) BOARD MEMBER. Any member of the Alabama Youth Services Board.
(4) COMMITTED YOUTH. Any youth committed to the legal custody of the department upon a finding of delinquency and a finding by a juvenile judge that the youth is in need of care or treatment, or both, in a state training school. The terms shall not include any youth committed upon a finding of in need of supervision or dependency.
(5) DEPARTMENT. The Department of Youth Services established in this chapter.
(6) DETENTION or DETENTION CARE. Temporary care in a detention facility.
(7) DETENTION FACILITY. A facility licensed by the department, other than a jail, affording secure custody for children and youths.
(8) DIRECTOR. The Alabama Youth Services Director.
(9) DISCHARGE. A complete release of a committed youth by the department without further supervision.
(10) FOSTER CARE FACILITY or GROUP HOME. Any place providing care for one or more youths alleged or adjudicated delinquent, exclusive of the state training schools.
(11) GUARDIAN. Any parent who has legal custody of the person or property of a youth or a person or agency who has custody of the person or property of the youth pursuant to a court order.
(12) JUVENILE COURT. Any court having jurisdiction over juveniles pursuant to Amendment No. 328 of the Constitution of Alabama of 1901, now appearing as Article VI of the Constitution of Alabama of 2022 and Title 12.
(13) JUVENILE CODE. Chapter 15 of Title 12.
(14) LEGAL CUSTODY. A legal status created by a court order embodying all of the following rights and responsibilities:
a. The right to have physical possession of the youth.
b. The right and the duty to protect, train, and discipline him or her.
c. The responsibility to provide him or her with food, clothing, shelter, education, and medical, dental, and hospital care.
d. The right to determine where and with whom the youth shall reside.
(15) MAINTENANCE. All general expenses for care including food, clothing, shelter, education, and medical, dental, and hospital care, transportation, and other necessary or incidental expenses or money payments therefor.
(16) PROBATION. A legal status created by a court order following adjudication in a delinquency or in need of supervision case whereby a youth is permitted to remain in the community, subject to supervision by the court or any agency designated by the court and subject to return to the court at any time during the probation period.
(17) STATE. The State of Alabama.
(18) TRAINING SCHOOL. An institution operated by the department for the rehabilitation of delinquent youth.
(19) YOUTH. Prior to January 1, 1978, the term means an individual under the age of 17 or under 19 years of age who committed the act of delinquency with which he or she is charged before reaching the age of 17 years. After December 31, 1977, the term means an individual under the age of 18 or under 19 years of age who committed the act of delinquency with which he or she is charged before reaching the age of 18 years, and for the purpose of continuing to provide services only, jurisdiction obtained by the court in the case of a youth shall be retained by the court until the youth becomes 21 years of age unless terminated prior thereto by order of the judge of the juvenile court.
(20) YOUTH SERVICES. The duties and functions which are authorized or required by this chapter to be provided by the department with respect to the establishment and enforcement of standards of treatment for youths.
","history":"(Acts 1973, No. 816, p. 1261, §2; Act 98-392, p. 782, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42054,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41142,"codeId":10515,"versionId":8431,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-3","shortTitle":"Section 44-1-3","catchLine":"Alabama Boys Industrial School, Alabama Training School for Girls and Alabama Industrial School - Control; Priority as to Use of Funds of Department; Legal Custody of Inhabitants.","title":"Section 44-1-3 Alabama Boys Industrial School, Alabama Training School for Girls and Alabama Industrial School - Control; Priority as to Use of Funds of Department; Legal Custody of Inhabitants.","sectionRange":null,"content":"The Alabama Boys Industrial School, the Alabama Training School for Girls and the Alabama Industrial School shall be under the control of the youth services board. All duties, responsibilities, authority, power, assets, appropriations, liabilities, contractual rights and obligations and property rights, whether accruing or vesting in the aforementioned institutions before or after September 5, 1973, shall be vested in the youth services board. It is the intention of the legislature that out of moneys available to the board the first priority shall be given to insuring that the services provided by the financial resources available to the Alabama Boys Industrial School, the Alabama Training School for Girls and the Alabama Industrial School shall be maintained at least at the level existing on January 22, 1975. All youths in the custody of or committed to the Alabama Boys Industrial School, the Alabama Training School for Girls and the Alabama Industrial School shall be in the legal custody of the department of youth services.
","history":"(Acts 1973, No. 816, p. 1261, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42055,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41143,"codeId":10517,"versionId":8433,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-4","shortTitle":"Section 44-1-4","catchLine":"Alabama Boys Industrial School, Alabama Training School for Girls and Alabama Industrial School - Separate Advisory Boards; Regulations.","title":"Section 44-1-4 Alabama Boys Industrial School, Alabama Training School for Girls and Alabama Industrial School - Separate Advisory Boards; Regulations.","sectionRange":null,"content":"The department of youth services shall establish separate advisory boards for the Alabama Boys Industrial School, the Alabama Training School for Girls and the Alabama Industrial School. Any regulation of the aforementioned institutions in existence on January 22, 1975, shall be made a regulation of the department on January 22, 1975, and shall continue in force until repealed or amended by the board.
","history":"(Acts 1973, No. 816, p. 1261, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42056,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41144,"codeId":10520,"versionId":8436,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-5","shortTitle":"Section 44-1-5","catchLine":"Alabama Boys Industrial School, Alabama Training School for Girls and Alabama Industrial School - Continuation of Rights, Etc., of Employees; Personal Leave for Teachers.","title":"Section 44-1-5 Alabama Boys Industrial School, Alabama Training School for Girls and Alabama Industrial School - Continuation of Rights, Etc., of Employees; Personal Leave for Teachers.","sectionRange":null,"content":"(a) Employees of the Alabama Boys Industrial School, the Alabama Training School for Girls and the Alabama Industrial School holding positions on January 22, 1975, shall become employees of the department of youth services on the date of such transfer. Such employees of the abovementioned institutions shall continue to enjoy employment conditions, including salary, housing and office arrangements, at a level no less than those enjoyed prior to transfer to the department.
(b) The youth services board shall grant personal leave to any teacher employed by the board at Alabama Boys Industrial School, Alabama Training School for Girls and the Alabama Industrial School at Mt. Meigs up to five days annually, noncumulative, during the time such schools are in session. Two days of personal leave shall be granted upon the request of the teacher with full pay and three days may, at the discretion of the board, be granted with part pay or with full pay. The teacher shall, whenever possible, notify the board five days in advance of the time such leave is to be taken; however, when such notice is not practical, leave may be taken in the same manner and under the procedures governing sick leave.
","history":"(Acts 1973, No. 816, p. 1261, §7; Acts 1975, No. 1057, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42057,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41145,"codeId":10522,"versionId":8438,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-6","shortTitle":"Section 44-1-6","catchLine":"Alabama Boys Industrial School, Alabama Training School for Girls and Alabama Industrial School - Restrictions on Appropriations.","title":"Section 44-1-6 Alabama Boys Industrial School, Alabama Training School for Girls and Alabama Industrial School - Restrictions on Appropriations.","sectionRange":null,"content":"All moneys appropriated to the Alabama Industrial School, Alabama Boys Industrial School and the Alabama Training School for Girls from the special education trust funds shall be used solely for the operations of these institutions.
","history":"(Acts 1973, No. 816, p. 1261, §34.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42058,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41146,"codeId":10525,"versionId":8441,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-7","shortTitle":"Section 44-1-7","catchLine":"Alabama Boys Industrial School, Alabama Training School for Girls, and Alabama Industrial School - Donations and Endowment Funds.","title":"Section 44-1-7 Alabama Boys Industrial School, Alabama Training School for Girls, and Alabama Industrial School - Donations and Endowment Funds.","sectionRange":null,"content":"In order to make provision for the proper preservation and application of donations from private sources by gift, devise, or otherwise, heretofore made to the board of trustees of the Alabama Boys Industrial School, the board of trustees of the Alabama Training School for Girls or the board of trustees of the Alabama Industrial School for the uses and purposes intended by the private donors and in order to encourage future donations from private sources by way of gift, devise, or otherwise to said schools and assure prospective private donors of the use thereof at the particular school or schools designated as the object of donations and to prohibit the diversion of past and future donations to said schools from the uses and purposes for which the same were made, the advisory board of each school is authorized and empowered to serve as trustee or trustees for an endowment trust fund for its respective school set up under an agreement with a bank or banks organized either under the national banking laws or the banking laws of this state and having trust powers, to accept donations from private sources for the benefit of the particular school involved, manage the trust property in a prudent manner in accordance with sound financial principles and pay out so much of the income therefrom and/or of the principal as may be required by appropriate resolutions adopted and approved by the youth services board and, in the event of disestablishment of the particular school, to provide for the termination of its endowment trust fund and transfer of trust property then on hand to the department of youth services for use for the particular uses and purposes of each separate endowment fund then included in the trust, or, if such use has ceased to be practicable, then for such use as in the department’s judgment constitutes an equitable approximation of such uses and purposes. The trustee or trustees of any endowment trust fund established pursuant to this section shall periodically, not less than once every three years, make a full accounting of its handling of the trust estate to the youth services board, and written approval of the trustee’s or trustees’ accounts by said board shall be final and binding and have the same full force and effect as a partial final settlement or final settlement, as the case may be, had the accounting been accomplished through judicial proceedings. The advisory board of said school is prohibited from authorizing or directing any payment out of the endowment trust fund of said school for any purposes contrary to the expressed uses and purposes of the private donors of a donation constituting a part of the school’s endowment trust fund.
","history":"(Acts 1973, No. 816, p. 1261, §37.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42059,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41147,"codeId":10529,"versionId":8444,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-8","shortTitle":"Section 44-1-8","catchLine":"Confinement of Youth in Adult Penal Institutions.","title":"Section 44-1-8 Confinement of Youth in Adult Penal Institutions.","sectionRange":null,"content":"The Department of Youth Services shall not have the power, by virtue of the vesting in it of the legal custody of a youth or of anything contained in this chapter, to confine any youth in any adult jail or adult penal institution now or hereafter established, except under conditions set forth in Section 12-15-61.
","history":"(Acts 1973, No. 816, p. 1261, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42060,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41148,"codeId":10531,"versionId":8446,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-9","shortTitle":"Section 44-1-9","catchLine":"Detention Without Order or Warrant of Escaped Youths.","title":"Section 44-1-9 Detention Without Order or Warrant of Escaped Youths.","sectionRange":null,"content":"A committed youth who has been placed by the Department of Youth Services in any state training school and who has escaped or run away therefrom may be taken into custody without warrant or order of the state youth services director by a peace officer or employee designated by the department. Any youth taken into custody pursuant to this section shall be detained in a suitable place designated by the department until determination concerning his or her further care and treatment is made.
","history":"(Acts 1973, No. 816, p. 1261, §27.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42061,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41149,"codeId":10534,"versionId":8449,"parentId":10509,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-10","shortTitle":"Section 44-1-10","catchLine":"Penalties; Enforcement of Chapter.","title":"Section 44-1-10 Penalties; Enforcement of Chapter.","sectionRange":null,"content":"(a) Violations of the provisions of this chapter shall be penalized or punished as follows:
(1) Any person, partnership, corporation, or association that violates the provisions of this chapter or any regulations promulgated under the authority delegated to the Youth Services Board or to the state Youth Services Director, after notice of such violation served upon such person, partnership, corporation or association by United States registered or certified mail to the last known address thereof, shall be liable to pay to the Department of Youth Services a penalty of $50.00 per day for each day such violation continues after receipt of such notice.
(2) Any person, group of persons, association, or corporation who
a. Conducts, operates, or acts as a foster care facility or detention facility without a license or an approval to do so in violation of the provisions of this chapter;
b. Makes materially false statements in order to obtain a license or permit;
c. Fails to keep the records and make the reports provided under this chapter;
d. Advertises any service not authorized by license or permit held;
e. Publishes any advertisement in violation of this chapter; or
f. Violates any other provision of this chapter or any reasonable rule or regulation adopted and published by the department for the enforcement of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00 or be imprisoned in the county jail not longer than one year, or both; and, in case of an association or corporation, imprisonment may be imposed upon its officers who knowingly participated in the violation.
(3) Any person who shall allow, assist, aid or abet in the escape of any juvenile confined by court action or pursuant to the authority of the board or department shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $100.00 or by imprisonment in the county jail in the county in which such act shall occur at hard labor for the said county for not more than 90 days, or by both such fine and imprisonment as the court may decide.
(4) Any member of the legislature, any member of the board, any employee of the department, or any holder of any office of the state who takes any contract for work or services for the board, the department, or any of their agencies, or is employed in any way under such contract or sells any goods or supplies to the board, the department or any of their agencies, or is in any way pecuniarily interested in any such contract or sale as principal or agent must, on conviction, be fined not less than $50.00 nor more than $1,000.00 and also shall forfeit his or her office or employment.
(b) It shall be the duty of every district attorney or assistant district attorney to institute action for the enforcement of the provisions of this chapter or prosecute action for the violation of the provisions of this chapter, or both.
","history":"(Acts 1973, No. 816, p. 1261, §35.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42062,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41150,"codeId":10540,"versionId":null,"parentId":10507,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Department of Youth Services.","title":"Article 2 Department of Youth Services.","sectionRange":"§44-1-20 to §44-1-40","content":null,"history":null,"numChildren":21,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42063,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41151,"codeId":10542,"versionId":8456,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-20","shortTitle":"Section 44-1-20","catchLine":"Created; Composition and Principal Offices.","title":"Section 44-1-20 Created; Composition and Principal Offices.","sectionRange":null,"content":"There is hereby created and established a department of the state to be known as the Department of Youth Services. The department shall be composed of the Youth Services Board, the director, and such divisions and administrative sections as the board may establish. The principal offices of the department shall be located at the state capital. The department shall have the powers and duties and shall perform the functions prescribed in this chapter.
","history":"(Acts 1973, No. 816, p. 1261, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42064,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41152,"codeId":10544,"versionId":8458,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-21","shortTitle":"Section 44-1-21","catchLine":"State Youth Services Director.","title":"Section 44-1-21 State Youth Services Director.","sectionRange":null,"content":"(a) The state Youth Services Director shall have at a minimum a master’s degree in behavioral or social science or a related field from an accredited school and shall have at least six years’ experience in the field of services to children and youth, with at least three years of that experience being in the field of juvenile delinquency services. The last three years of such experience must have been in an administrative and/or management position with demonstrated competence as indicated by promotion or other indications of responsibility.
(b) The director may be removed from office by a vote of nine members of the board for reasons fully set forth in the minutes of the meeting at which such removal takes place.
(c) The director shall have the following powers and duties:
(1) Subject to the provisions of the state Merit System, to appoint all officers and employees of the department, or to authorize any superintendent, division or bureau head, or other administrator to select with his or her approval all staff members and employees.
(2) To exercise supervision over all the officers and employees of the department, and should any such officer or employee fail to perform faithfully any of the duties which are lawfully prescribed for him or her or if he or she fails or refuses to observe or conform to any rule, regulation, or policy of the board, to remove him or her from office, in conformity with the state Merit System law.
(3) To make agreements with the heads of other executive departments of the state providing for the coordination of the functions of the various departments of the state.
(4) Serve as the administrator of the Interstate Compact on Juveniles.
","history":"(Acts 1973, No. 816, p. 1261, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42065,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41153,"codeId":10547,"versionId":8461,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-22","shortTitle":"Section 44-1-22","catchLine":"Employees of Department.","title":"Section 44-1-22 Employees of Department.","sectionRange":null,"content":"The employees of the Department of Youth Services shall be governed by the personnel Merit System rules and regulations of the State Personnel Department. Employees of institutions and agencies which are transferred to the department under the provisions of this chapter, who have been so employed for six months immediately preceding such date, shall remain in their respective employments and shall be considered to meet the requirements of the department in terms of training and experience; but nothing herein shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law.
","history":"(Acts 1973, No. 816, p. 1261, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42066,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41154,"codeId":10549,"versionId":8463,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-23","shortTitle":"Section 44-1-23","catchLine":"Legal Counsel.","title":"Section 44-1-23 Legal Counsel.","sectionRange":null,"content":"The state Youth Services Director shall be authorized, subject to the provisions of the state Merit System law, to appoint legal counsel for the department. Such counsel shall be commissioned as assistant attorney generals; except, that they shall devote their entire time to the business of the department. Salaries for such counsel will be paid by the department.
","history":"(Acts 1973, No. 816, p. 1261, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42067,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41155,"codeId":10553,"versionId":22392,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-24","shortTitle":"Section 44-1-24","catchLine":"Powers and Duties of Department Generally.","title":"Section 44-1-24 Powers and Duties of Department Generally.","sectionRange":null,"content":"The Department of Youth Services shall perform the following:
(1) Provide services for youths who have run away from their own communities in this state or from their home communities in other states to this state, and provide such services, care, or cost for the youths as may be required pursuant to the provisions of the Interstate Compact on Juveniles.
(2) Provide for the expansion of local detention care for youths alleged to be delinquent pending court hearing.
(3) Secure the provision of medical, hospital, psychiatric, surgical, or dental service, or payment of the cost of such services, as may be needed for committed youths.
(4) License and subsidize foster care facilities or group homes for youths alleged to be delinquent pending hearing before a juvenile court or adjudged delinquent following hearing, including detention, examination, study, care, treatment, and training.
(5) Establish, maintain, and subsidize programs to train employees of the department, juvenile courts, and law enforcement personnel in such subject matters and techniques as may be necessary to assure efficient and effective administration of services in accordance with the purpose of this chapter.
(6) Make and enforce all rules and regulations which are necessary and appropriate to the proper accomplishment of the duties and functions vested in the department by law with respect to youth services and which do not conflict with or exceed the provisions of law vesting the duties and functions in the department.
(7) Enter into contracts with any other state or federal agency or with any private person, organization, or group capable of contracting, if the department finds the action to be in the public interest.
(8) Upon approval of the Attorney General, file and prosecute civil actions in any court in the name of the department to enforce this chapter and enforce such rules and regulations as may be promulgated under this chapter. Civil actions may include actions for an injunction to restrain any person, agency, or organization from violating any provision of this chapter or any rule or regulation promulgated under this chapter.
(9) Accept gifts, trusts, bequests, grants, endowments, or transfers of property of any kind and prudently to manage the property in accordance with sound financial principles.
(10) Prescribe and furnish forms to clerks of probate and juvenile courts for use in connection with any action to be taken under this chapter.
(11) Enter into reciprocal agreements with appropriate agencies of other states relative to youth services programs.
(12) Engage in research in the field of youth services, enter into contracts with public or voluntary organizations, including educational institutions, and with individuals for the purpose of securing research and to make provisions for any pay grants to such organizations or individuals in accordance with the rules of the department, as may be necessary to secure the performance of the research.
","history":"(Acts 1973, No. 816, p. 1261, §§ 13, 14; Act 98-392, p. 782, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42068,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41156,"codeId":10555,"versionId":8468,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-25","shortTitle":"Section 44-1-25","catchLine":"Development of Department Program.","title":"Section 44-1-25 Development of Department Program.","sectionRange":null,"content":"The department of youth services shall develop a workable program of youth services as follows:
(1) Collect statistics, information and data concerning the need for and condition of rehabilitative services to delinquent youth or youth in need of supervision throughout the state;
(2) Disseminate information to the public and to appropriate public and private agencies and organizations within the state on the conditions and needs thus ascertained;
(3) Serve in a consultative and licensing capacity and develop materials and standards concerning delinquent youth within the state;
(4) Enlist the participation of citizens and representatives of other agencies and organizations in the planning and development throughout the state of an adequate youth services program as provided for in this chapter;
(5) Cooperate with and assist other public and voluntary agencies and organizations in the development and coordination of programs and activities for youths, particularly those programs and activities which contribute to the prevention or treatment of delinquency;
(6) Collaborate with others in the establishment of statewide and local planning bodies, or assist and cooperate with any such existing bodies which are concerned with promoting the physical, mental, emotional and social well-being of youths;
(7) Assist local communities in making surveys of conditions contributing to delinquency and of the facilities and services provided to rehabilitate committed youths; and
(8) Prescribe and furnish uniform procedures and forms for all law enforcement agencies and court clerks to use in reporting contacts with youths.
","history":"(Acts 1973, No. 816, p. 1261, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42069,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41157,"codeId":10558,"versionId":8471,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-26","shortTitle":"Section 44-1-26","catchLine":"Salary Subsidies for Probation Services; Juvenile Probation Officers; Responsibilities of Department of Human Resources.","title":"Section 44-1-26 Salary Subsidies for Probation Services; Juvenile Probation Officers; Responsibilities of Department of Human Resources.","sectionRange":null,"content":"Repealed by Act 98-392, p. 782, §17, effective July 21, 2004.
","history":"(Acts 1973, No. 816, p. 1261, §8; Acts 1994, 1st Ex. Sess., No. 94-829, p. 168, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42070,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41158,"codeId":10561,"versionId":22393,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-27","shortTitle":"Section 44-1-27","catchLine":"Standards for Programs and Youth Detention Facilities; Licensing and Inspection of Youth Detention and Foster Care Facilities.","title":"Section 44-1-27 Standards for Programs and Youth Detention Facilities; Licensing and Inspection of Youth Detention and Foster Care Facilities.","sectionRange":null,"content":"(a) The Department of Youth Services shall establish and promulgate reasonable minimum standards for the construction and operation of detention facilities, programs for the prevention and correction of youth delinquency, consultation from local officials, and subsidies to local delinquency projects. The standards shall include, but not be limited to, reasonable minimum standards for detention facilities, foster care facilities, group homes, and correctional institutions.
(b) No county, city, public or private agency, group, corporation, partnership, or individual shall establish, maintain, or operate any detention facility or any foster care facility for youths found delinquent or in need of supervision by a juvenile court without a license from the department. A license shall be required on an annual basis or as determined by the department. The department shall revoke the license of any city, county, or public or private agency, group, corporation, or individual conducting, operating or acting as a detention facility or foster care facility caring for children and youths alleged or adjudged to be delinquent or in need of supervision that fails to meet the standards prescribed by the department. The department may visit and inspect any public or voluntary detention facility, foster care facility, or group home as it deems necessary.
","history":"(Acts 1973, No. 816, p. 1261, §9; Act 98-392, p. 782, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42071,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41159,"codeId":10563,"versionId":8475,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-28","shortTitle":"Section 44-1-28","catchLine":"Subsidies for Youth Detention Facilities.","title":"Section 44-1-28 Subsidies for Youth Detention Facilities.","sectionRange":null,"content":"The functions and facilities related to youth detention facilities, licensed by the Department of Youth Services of each county or counties, acting together may, upon the express written agreement of each such county or such counties acting together and the department, receive funds from the department according to formulae for disbursement established by the department and in accordance with the terms of written agreements between each such county or such counties acting together and the department, relative to detention care. Any county or counties acting together shall retain control of such detention functions and detention facilities and shall continue to have financial responsibility for their operation, unless otherwise provided for by the department. All detention programs and facilities shall maintain standards prescribed by the department. All funds expended by the department will be contingent upon the recipients of said funds meeting the standards established by the department.
","history":"(Acts 1973, No. 816, p. 1261, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42072,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41160,"codeId":10565,"versionId":8477,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-29","shortTitle":"Section 44-1-29","catchLine":"Competitive Bids; Conflicts of Interest.","title":"Section 44-1-29 Competitive Bids; Conflicts of Interest.","sectionRange":null,"content":"Any purchase and any construction or supply contract of the Department of Youth Services in an amount in excess of $500.00 shall be made or let by competitive bids through the state purchasing agent or otherwise, as the board may direct. No purchases, except for rights-of-way, shall be made from, nor shall any sales be made to, any member of the legislature, any member of the Youth Services Board, any employee of the department or any other person holding an office of the state.
","history":"(Acts 1973, No. 816, p. 1261, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42073,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41161,"codeId":10568,"versionId":8480,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-30","shortTitle":"Section 44-1-30","catchLine":"Study and Evaluation of Youth in Custody of Department.","title":"Section 44-1-30 Study and Evaluation of Youth in Custody of Department.","sectionRange":null,"content":"When the legal custody of a youth has been vested in the Department of Youth Services by order of the juvenile judge, the department shall, under rules established by it, study and evaluate such youth and investigate all pertinent circumstances of his or her behavior and life in order to prepare a service plan while he or she is detained in the state training schools. Data concerning such youth secured in any previous study and evaluation undertaken under this chapter may be utilized by the department in lieu of or in supplementation of a new study and evaluation. The police authorities, the school authorities and other public officials and agencies of the state or any county or municipality in the state shall, upon the request of the department, promptly make available to the department all pertinent information in their possession with respect to a youth whose custody is vested in the department; provided, that this section shall not require any disclosure which would be inconsistent with the requirements of any federal statute or regulation under which grants are made to the state or any state law. The department shall make available its findings pursuant to this section to any juvenile court in the state.
","history":"(Acts 1973, No. 816, p. 1261, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42074,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41162,"codeId":10569,"versionId":8481,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-31","shortTitle":"Section 44-1-31","catchLine":"Guardianship of Youth in Custody of Department.","title":"Section 44-1-31 Guardianship of Youth in Custody of Department.","sectionRange":null,"content":"If, at any time while legal custody of a youth is vested in the Department of Youth Services, the department learns that he or she, for any reason, does not have a natural or adoptive parent in a position to exercise effective guardianship or a legally appointed guardian of his or her person, the department may thereupon file a petition in the appropriate court for the appointment of a guardian of the person or property of such youth. No officer or employee of the department shall accept appointment as the guardian of a youth whose legal custody is vested in the department.
","history":"(Acts 1973, No. 816, p. 1261, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42075,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41163,"codeId":10573,"versionId":8484,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-32","shortTitle":"Section 44-1-32","catchLine":"Determination of Social Service Plan.","title":"Section 44-1-32 Determination of Social Service Plan.","sectionRange":null,"content":"(a) When legal custody of a youth has been vested in the Department of Youth Services and so long as such legal custody is so vested in the department, the department may, after an objective consideration of all available information, take one of the following social service actions:
(1) The department may place the youth in a state training school within the state or in another state in accordance with the provisions of the Interstate Compact on Juveniles, under such conditions as it believes best designed for his or her welfare or the protection of the public;
(2) The department may release the youth to the jurisdiction of the committing court;
(3) The department may arrange temporary return or a trial visit of the youth to his or her own home, as often as conditions appear desirable; and
(4) The department may revoke or modify any social service plan as often as conditions appear desirable.
(b) The committing court shall be kept informed by the department of the physical location of the youth at all times.
","history":"(Acts 1973, No. 816, p. 1261, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42076,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41164,"codeId":10574,"versionId":8485,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-33","shortTitle":"Section 44-1-33","catchLine":"Authorization of Medical, Psychiatric, Surgical and Dental Treatment.","title":"Section 44-1-33 Authorization of Medical, Psychiatric, Surgical and Dental Treatment.","sectionRange":null,"content":"(a) The state youth services director or his or her delegate may authorize major surgery or medical treatment to be performed upon any committed youth or general anesthetic to be administered to a committed youth when it is deemed necessary by a licensed medical physician and approval by the parent or guardian is acquired. If such approval is not given or the parent or guardian is unavailable for two weeks, the director or his or her delegate may apply to the juvenile court in the county where the child is confined for an order to undertake such surgery or treatment. A ruling must be made within 24 hours by the said juvenile judge.
(b) The state youth services director or his or her delegate may authorize major surgery or medical treatment to be performed upon any committed youth or general anesthetic to be administered to a committed youth when it is deemed an emergency situation where a child has suffered serious injury or is experiencing severe pain or his or her life is endangered and such judgment is made by a licensed medical physician. The director shall within 48 hours notify in writing the juvenile court in the county where the child is confined and the parent or guardian of such action. A copy of the report shall be sent to the committing court.
","history":"(Acts 1973, No. 816, p. 1261, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42077,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41165,"codeId":10578,"versionId":8488,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-34","shortTitle":"Section 44-1-34","catchLine":"Review of Committed Youth.","title":"Section 44-1-34 Review of Committed Youth.","sectionRange":null,"content":"The Department of Youth Services shall make a periodic review in the case of each youth whose legal custody is vested in the department who has not been finally discharged. Such review shall be in the form of a written report to the committing court and shall include study of all pertinent circumstances of his or her personal and family situation and shall be for the purpose of determining whether existing decisions, orders and dispositions in his or her case should be modified or continued in force. Such review may be made as frequently as the department deems necessary and shall be made with respect to every youth at least every nine months.
","history":"(Acts 1973, No. 816, p. 1261, §26.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42078,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41166,"codeId":10581,"versionId":8491,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-35","shortTitle":"Section 44-1-35","catchLine":"Petition for Examination or Review by Director or Court.","title":"Section 44-1-35 Petition for Examination or Review by Director or Court.","sectionRange":null,"content":"In the event any committed youth has not been examined as provided in Section 44-1-30 or has not been reviewed within nine months of a previous review as provided in Section 44-1-34, such youth or his or her parent or guardian shall be entitled to petition the State Youth Services Director for such examination or review and to have his or her petition given prompt consideration in accordance with appropriate rules established therefor. In the event such petition to the director has not been granted or where it has not been acted upon within 30 days, such youth or his or her parent or guardian shall be entitled to petition the committing court for such examination and review, and the same shall be granted. Pending the determination of such a petition by the court, the authority of the Department of Youth Services to take such action as it may deem necessary with respect to such youth shall in no way be affected.
","history":"(Acts 1973, No. 816, p. 1261, §28.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42079,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41167,"codeId":10583,"versionId":8493,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-36","shortTitle":"Section 44-1-36","catchLine":"Commitment of Youth with Mental Illness or Developmental Disability to State Hospital; Discharge of Rehabilitated Youth; Release of Youth into Aftercare; Termination or Extension of Orders of Commitment.","title":"Section 44-1-36 Commitment of Youth with Mental Illness or Developmental Disability to State Hospital; Discharge of Rehabilitated Youth; Release of Youth into Aftercare; Termination or Extension of Orders of Commitment.","sectionRange":null,"content":"(a) In the event a committed youth shall be diagnosed in writing as mentally ill to the degree that said youth is unable to profit from the programs operated by the Department of Youth Services for the benefit of delinquent youth, the department may petition the proper juvenile court for the commitment of the said youth to the state hospital for the mentally ill. The diagnosis must be made by a person who is legally and professionally qualified under the laws of Alabama to make such a diagnosis.
(b) In the event a committed youth shall be diagnosed in writing as an individual with a developmental disability to the degree that said youth is unable to profit from the programs operated by the department for the benefit of delinquent youth, the department may petition the proper juvenile court for the commitment of the said youth to the state hospital for individuals with developmental disabilities. The diagnosis must be made by a person who is legally and professionally qualified under the laws of Alabama to make such a diagnosis.
(c) A committed youth shall be discharged who, in the judgment of the director, has gained optimal rehabilitation from the programs of the department and will not be received again by the department under the original commitment order.
(d) A committed youth shall be released into aftercare when the department determines that said youth is no longer in need of the services of the state training schools and can function within open society under the supervision of a probation officer in accordance with terms and conditions as established by the committing court. The department shall notify the committing court in writing at least 10 days in advance of the release. The committing court, at the time of release into aftercare, shall then invest custody in a party which the court deems suitable.
(e) The committing court shall have jurisdiction to extend an order of commitment during the time of aftercare and to issue further orders in relation to the investment of legal custody in some other party until the youth reaches his or her twenty-first birthday only upon proper petitions being filed with the said court by a probation officer alleging all reasons for any aftercare extension or change of legal custody. A hearing shall be held in said juvenile court within 10 days after the filing of the petition to determine whether the youth’s aftercare should be extended, for no more than six months.
(f) When a committed youth has fulfilled his or her period of commitment, he or she shall be discharged from the department’s custody, and any recommitment to the department must be based on a new offense and a new hearing.
(g) In the event that a youth has not been discharged prior to the expiration of two years from the date of the entry of the original commitment order, the department must request either:
(1) The termination of the commitment order and the issuance of such other orders respecting the legal custody and continued supervision of the youth as may be warranted under the circumstances, or
The Department of Youth Services shall insure that each youth it releases from the state training schools has clothing, transportation to his or her home or to the place at which a suitable home or employment has been found for him or her and such an amount of money as the rules of the department shall authorize.
","history":"(Acts 1973, No. 816, p. 1261, §30.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42081,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41169,"codeId":10589,"versionId":8498,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-38","shortTitle":"Section 44-1-38","catchLine":"Records of Examinations, Etc.","title":"Section 44-1-38 Records of Examinations, Etc.","sectionRange":null,"content":"The Department of Youth Services shall keep adequate written records of all social studies and examinations and of the conclusions based thereon and of all major decisions and orders concerning the disposition or treatment of every youth for whom the department provided social services and care pursuant to this chapter.
","history":"(Acts 1973, No. 816, p. 1261, §31.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42082,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41170,"codeId":10592,"versionId":8501,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-39","shortTitle":"Section 44-1-39","catchLine":"Restrictions on Release or Use of Records.","title":"Section 44-1-39 Restrictions on Release or Use of Records.","sectionRange":null,"content":"(a) It shall be unlawful, except for purposes directly connected with the administration of this chapter, or as herein provided, and in accordance with regulations of the Department of Youth Services, for any person or persons to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any information concerning any youth for whom the department provides social services or care in accordance with the provisions of this chapter and derived from the records, papers, files, or communications of the department, or of any agency or facility utilized by the department in providing services to any youth or acquired in the course of the performance of official duties.
(b) Nothing contained in this section shall preclude the disclosure of information secured in the performance of functions under this chapter upon order of the court which vested legal custody of the youth in the department, in any one of the following circumstances:
(1) In subsequent proceedings for delinquency involving the same youth;
(2) To other youth care agencies which subsequently provide services to the said youth;
(3) In any issue of custody before a court in which the court finds that such disclosure is necessary to protect the general welfare of the youth; or
(4) For research purposes where anonymity is preserved.
","history":"(Acts 1973, No. 816, p. 1261, §32.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42083,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41171,"codeId":10595,"versionId":8504,"parentId":10540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-40","shortTitle":"Section 44-1-40","catchLine":"Agreements with Federal Government.","title":"Section 44-1-40 Agreements with Federal Government.","sectionRange":null,"content":"The Department of Youth Services is authorized to serve as an agent of the state in entering into agreements with any appropriate agency of the federal government to provide care and treatment for a youth found by a federal court to be delinquent and committed to the custody of the attorney general of the United States. Such agreement shall be upon such terms and conditions and shall provide for such compensation as may be mutually agreed upon between the department and the appropriate agency of the federal government. Funds received as compensation under such agreement shall be placed in the state treasury and are hereby appropriated for the use of the department for carrying out the provisions of this chapter.
","history":"(Acts 1973, No. 816, p. 1261, §33.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42084,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41172,"codeId":10600,"versionId":null,"parentId":10507,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Youth Services Board.","title":"Article 3 Youth Services Board.","sectionRange":"§44-1-50 to §44-1-56","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42085,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41173,"codeId":10601,"versionId":8508,"parentId":10600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-50","shortTitle":"Section 44-1-50","catchLine":"Created; Principal Offices.","title":"Section 44-1-50 Created; Principal Offices.","sectionRange":null,"content":"There is hereby created and established the Alabama Youth Services Board. The principal offices of the board shall be located at the state capital. The board shall have the powers and duties and shall perform the functions described in this code.
","history":"(Acts 1973, No. 816, p. 1261, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42086,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41175,"codeId":10608,"versionId":8512,"parentId":10600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-52","shortTitle":"Section 44-1-52","catchLine":"Powers.","title":"Section 44-1-52 Powers.","sectionRange":null,"content":"The Youth Services Board shall have the following powers:
(1) To appoint the State Youth Services Director and to fix his or her salary.
(2) To institute and defend legal proceedings in any court of competent jurisdiction and proper venue.
(3) To contract with any private person, organization or entity, or any combination thereof capable of contracting, if it finds such act to be in the public interest.
(4) To establish and promulgate reasonable rules, policies, orders, and regulations for the carrying out of its duties and responsibilities.
(5) To purchase or lease land or to acquire property by eminent domain and to purchase, lease, let, sell, exchange, or otherwise transfer property, land, or buildings in order to carry out its duties and responsibilities under the provisions of this chapter.
","history":"(Acts 1973, No. 816, p. 1261, §§6, 15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42088,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41176,"codeId":10610,"versionId":8514,"parentId":10600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-53","shortTitle":"Section 44-1-53","catchLine":"Meetings; Quorum.","title":"Section 44-1-53 Meetings; Quorum.","sectionRange":null,"content":"The Youth Services Board may hold such meetings as are convenient and necessary, which shall be at least annually, to carry out its duties and responsibilities at such place or places within the state as it may direct. A quorum consisting of any nine members of the board shall be competent to act at all regular or special meetings. Special meetings may be called by the chairman of the board or by any three members of the board upon one week’s written notice to every member of the board, which notice shall state the purpose of the meeting.
","history":"(Acts 1973, No. 816, p. 1261, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42089,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41177,"codeId":10614,"versionId":8516,"parentId":10600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-54","shortTitle":"Section 44-1-54","catchLine":"Court Review of Board Orders or Decisions.","title":"Section 44-1-54 Court Review of Board Orders or Decisions.","sectionRange":null,"content":"Any person aggrieved by any final order or decision of the Youth Services Board may have a review of such order or decision in the Circuit Court of Montgomery County, provided a complaint is filed within 15 days of the date of such order or decision, charging that such order or decision was arbitrary, illegal, or capricious. The review granted by this section shall be cumulative with that provided elsewhere in the laws of Alabama.
","history":"(Acts 1973, No. 816, p. 1261, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42090,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41178,"codeId":10616,"versionId":8519,"parentId":10600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-55","shortTitle":"Section 44-1-55","catchLine":"Annual Report to Governor.","title":"Section 44-1-55 Annual Report to Governor.","sectionRange":null,"content":"As soon after the end of a fiscal year as practicable, the Youth Services Board shall print and send to the Governor of Alabama a report to include the activities of the board, the need for facilities under its jurisdiction, juvenile service conditions in the state, plans for the future, financial reports for the preceding year, and the names and addresses of the members of the board. A sufficient number of copies of such report shall be printed and distributed to the members of the Legislature of Alabama.
","history":"(Acts 1973, No. 816, p. 1261, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42091,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41179,"codeId":10618,"versionId":8521,"parentId":10600,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-56","shortTitle":"Section 44-1-56","catchLine":"Budget Requests.","title":"Section 44-1-56 Budget Requests.","sectionRange":null,"content":"Each biennium the Youth Services Board shall present to the Governor a request for funds based on projected needs for juvenile services in the state, together with a budget showing proposed expenditures. The Governor shall include in his or her appropriation bill a request for funds to meet the reasonable financial needs of the department.
","history":"(Acts 1973, No. 816, p. 1261, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42092,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41180,"codeId":10624,"versionId":null,"parentId":10507,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Youth Services Department District.","title":"Article 4 Youth Services Department District.","sectionRange":"§44-1-70 to §44-1-78","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42093,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41181,"codeId":10625,"versionId":8527,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-70","shortTitle":"Section 44-1-70","catchLine":"Department of Youth Services Designated “Youth Services Department District.”","title":"Section 44-1-70 Department of Youth Services Designated “Youth Services Department District.”","sectionRange":null,"content":"The Department of Youth Services as presently constituted by law is hereby designated as a special school district of the state to be known as the “Youth Services Department District,” hereinafter referred to as the district. The relationship existing between the district and the State Board of Education shall be the same as that of local boards of education to the state board.
","history":"(Acts 1982, No. 82-485, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42094,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41182,"codeId":10628,"versionId":8530,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-71","shortTitle":"Section 44-1-71","catchLine":"Superintendent of Education for Youth Services Department District - Appointment and Qualifications.","title":"Section 44-1-71 Superintendent of Education for Youth Services Department District - Appointment and Qualifications.","sectionRange":null,"content":"There is hereby established the position of superintendent of education for the district which shall be filled by the appointment of the governing board of the Department of Youth Services upon the recommendation of the director of said department, and the superintendent shall serve at the pleasure of, and be directly responsible to, the director. The superintendent shall possess such qualifications as may be specified by the Youth Services Board and as provided by Section 16-9-2.
","history":"(Acts 1982, No. 82-485, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42095,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41183,"codeId":10631,"versionId":8532,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-72","shortTitle":"Section 44-1-72","catchLine":"Superintendent of Education for Youth Services Department District - Responsibility; Annual Budget.","title":"Section 44-1-72 Superintendent of Education for Youth Services Department District - Responsibility; Annual Budget.","sectionRange":null,"content":"The superintendent of the district shall have the general responsibility for administering and supervising the educational programs of the Youth Services Department as approved by the department director. The superintendent shall have the specific duty of submitting the department’s annual educational budget recommendations to the director, which shall be based on any funds made available to the department for such educational purposes. The final annual budget shall be approved by the board upon submission by the director.
","history":"(Acts 1982, No. 82-485, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42096,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41184,"codeId":10634,"versionId":8535,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-73","shortTitle":"Section 44-1-73","catchLine":"Funding.","title":"Section 44-1-73 Funding.","sectionRange":null,"content":"The Youth Services Board and the State Board of Education shall cooperatively establish a funding formula which reflects the educational needs of the students assigned to its custody. The funds for the educational programs shall be appropriated by the Legislature from the special educational trust fund and shall be used only for educational purposes, except when the board determines an emergency situation exists; and upon such a determination the board, as recommended by the director, may transfer funds between items of educational and noneducational sources of funding.
","history":"(Acts 1982, No. 82-485, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42097,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41185,"codeId":10636,"versionId":8537,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-74","shortTitle":"Section 44-1-74","catchLine":"Retention of Certain Personnel; Employment and Status of New Teaching Personnel; Merit System Coverage of Nonteaching Personnel.","title":"Section 44-1-74 Retention of Certain Personnel; Employment and Status of New Teaching Personnel; Merit System Coverage of Nonteaching Personnel.","sectionRange":null,"content":"As of October 1, 1983, all personnel who have been employed by the department of youth services for at least six months shall remain in their respective jobs and shall be considered to meet all requirements of the department in terms of training and experience; but nothing herein shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law. The employment of any new teaching personnel after October 1, 1983, shall be on a probationary or nontenured status with the expectation of attaining tenure under the state’s tenure law after three consecutive years of service and reemployment for the fourth year. The employment of nonteaching personnel after October 1, 1983, shall continue to be under the provisions and protection of the state Merit System.
","history":"(Acts 1982, No. 82-485, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42098,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41186,"codeId":10638,"versionId":8539,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-75","shortTitle":"Section 44-1-75","catchLine":"Salary Schedule for Teachers; Leaves, Benefits and Insurance.","title":"Section 44-1-75 Salary Schedule for Teachers; Leaves, Benefits and Insurance.","sectionRange":null,"content":"The Youth Services Director shall work with the superintendent and the teaching staffs on each of the three campuses to develop a salary schedule for teachers. In placing teachers, granted tenure in Section 44-1-74, on the resulting salary schedule, no teacher shall be placed at a salary level lower than that held on October 1, 1983. In addition to developing this salary schedule, the director and superintendent shall work together with teachers to arrange replacement of all leaves and benefits previously enjoyed by the teachers of the department under the state Merit System. For purposes of obtaining hospital/medical benefits and life insurance, teaching personnel shall remain under the state employees’ hospital/medical and life insurance plans until such time as statewide hospital/medical and life insurance plans are developed for all state teachers.
","history":"(Acts 1982, No. 82-485, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42099,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41187,"codeId":10640,"versionId":8541,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-76","shortTitle":"Section 44-1-76","catchLine":"Relationship of Board of Youth Services and Superintendent to State Board of Education; Powers and Duties of Board and Superintendent; Functioning of District.","title":"Section 44-1-76 Relationship of Board of Youth Services and Superintendent to State Board of Education; Powers and Duties of Board and Superintendent; Functioning of District.","sectionRange":null,"content":"The Board of Youth Services and the Superintendent of Education of the Special School District shall stand in the same relationship to the State Board of Education as do local boards of education and local superintendents of education. The powers, duties, and responsibilities of the Board of Youth Services, the superintendent, and the functioning of the district shall be the same as provided for in Sections 16-8-10 and 16-11-18.
","history":"(Acts 1982, No. 82-485, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42100,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41188,"codeId":10644,"versionId":8544,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-77","shortTitle":"Section 44-1-77","catchLine":"Construction of Article.","title":"Section 44-1-77 Construction of Article.","sectionRange":null,"content":"The provisions of this article shall be construed in pari materia with the provisions of law contained in Title 44, Chapters 1 and 2, and shall supersede and repeal such provisions of law only to the extent there exists a conflict herewith.
","history":"(Acts 1982, No. 82-485, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42101,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41189,"codeId":10646,"versionId":8546,"parentId":10624,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-1-78","shortTitle":"Section 44-1-78","catchLine":"Certain Eufaula Adolescent Center School Instructional Personnel Considered Employees Under Department of Youth Services Local Education Agency School District.","title":"Section 44-1-78 Certain Eufaula Adolescent Center School Instructional Personnel Considered Employees Under Department of Youth Services Local Education Agency School District.","sectionRange":null,"content":"All appropriate State Department of Education or teacher certified personnel employed with the Department of Mental Health as Eufaula Adolescent Center School instructional personnel on May 28, 1996, shall become employees under the Department of Youth Services Local Education Agency School District. Said employees shall be given credit for continuous teaching experience at the Eufaula Adolescent Center School relating to consideration for tenure. All salary schedules, leaves, benefits, and insurance shall be congruent with the Department of Youth Services Special School District.
","history":"(Acts 1996, No. 96-731, p. 1224, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42102,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41190,"codeId":10664,"versionId":null,"parentId":44,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"Interstate Compact on Juveniles.","title":"Chapter 2 Interstate Compact on Juveniles.","sectionRange":"§44-2-1 to §44-2-26","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42103,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41191,"codeId":10665,"versionId":null,"parentId":10664,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§44-2-1 to §44-2-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42104,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41192,"codeId":10667,"versionId":8559,"parentId":10665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-1","shortTitle":"Section 44-2-1","catchLine":"(Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Legislative Findings and Declaration of Policy.","title":"Section 44-2-1 (Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Legislative Findings and Declaration of Policy.","sectionRange":null,"content":"Repealed upon enactment by 35th jurisdiction of the Interstate Compact for Juveniles
","history":"(Acts 1965, No. 675, p. 1214, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42105,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41193,"codeId":10670,"versionId":8561,"parentId":10665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-2","shortTitle":"Section 44-2-2","catchLine":"(Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Compact Administrator.","title":"Section 44-2-2 (Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Compact Administrator.","sectionRange":null,"content":"Repealed upon enactment by 35th jurisdiction of the Interstate Compact for Juveniles
","history":"(Acts 1965, No. 675, p. 1214, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42106,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41194,"codeId":10673,"versionId":8564,"parentId":10665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-3","shortTitle":"Section 44-2-3","catchLine":"(Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Supplementary Agreements.","title":"Section 44-2-3 (Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Supplementary Agreements.","sectionRange":null,"content":"Repealed upon enactment by 35th jurisdiction of the Interstate Compact for Juveniles.
","history":"(Acts 1965, No. 675, p. 1214, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42107,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41195,"codeId":10675,"versionId":8566,"parentId":10665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-4","shortTitle":"Section 44-2-4","catchLine":"(Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Financial Arrangements.","title":"Section 44-2-4 (Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Financial Arrangements.","sectionRange":null,"content":"Repealed upon enactment by 35th jurisdiction of the Interstate Compact for Juveniles.
","history":"(Acts 1965, No. 675, p. 1214, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42108,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41196,"codeId":10678,"versionId":8568,"parentId":10665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-5","shortTitle":"Section 44-2-5","catchLine":"(Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Responsibilities of State Courts, Departments, Agencies and Officers.","title":"Section 44-2-5 (Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Responsibilities of State Courts, Departments, Agencies and Officers.","sectionRange":null,"content":"Repealed upon enactment by 35th jurisdiction of the Interstate Compact for Juveniles.
","history":"(Acts 1965, No. 675, p. 1214, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42109,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41197,"codeId":10680,"versionId":8571,"parentId":10665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-6","shortTitle":"Section 44-2-6","catchLine":"(Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Additional Procedures Not Precluded.","title":"Section 44-2-6 (Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Additional Procedures Not Precluded.","sectionRange":null,"content":"Repealed upon enactment by 35th jurisdiction of the Interstate Compact for Juveniles.
","history":"(Acts 1965, No. 675, p. 1214, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42110,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41198,"codeId":10682,"versionId":8573,"parentId":10665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-7","shortTitle":"Section 44-2-7","catchLine":"(Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Execution and Text of Compact.","title":"Section 44-2-7 (Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Execution and Text of Compact.","sectionRange":null,"content":"Repealed upon enactment by 35th jurisdiction of the Interstate Compact for Juveniles.
","history":"(Acts 1965, No. 675, p. 1214, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42111,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41199,"codeId":10686,"versionId":8576,"parentId":10665,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-8","shortTitle":"Section 44-2-8","catchLine":"(Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Rendition Amendment to Interstate Compact on Juveniles.","title":"Section 44-2-8 (Repealed Upon Enactment by 35th Jurisdiction of the Interstate Compact for Juveniles) Rendition Amendment to Interstate Compact on Juveniles.","sectionRange":null,"content":"Repealed upon enactment by 35th jurisdiction of the Interstate Compact for Juveniles.
","history":"(Acts 1986, No. 86-419, p. 626.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42112,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41200,"codeId":31345,"versionId":null,"parentId":10664,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1A","shortTitle":"Article 1A","catchLine":"Interstate Compact for Juveniles.","title":"Article 1A Interstate Compact for Juveniles.","sectionRange":"§44-2-10 to §44-2-11","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42113,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41201,"codeId":31346,"versionId":26340,"parentId":31345,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-10","shortTitle":"Section 44-2-10","catchLine":"Text of Compact.","title":"Section 44-2-10 Text of Compact.","sectionRange":null,"content":"The Interstate Compact for Juveniles is enacted into law and entered into with all jurisdictions mutually adopting the compact in the form substantially as follows:
THE INTERSTATE COMPACT FOR JUVENILES
Article I. Purpose.
The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (A) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (B) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (C) return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return; (D) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) provide for the effective tracking and supervision of juveniles; (F) equitably allocate the costs, benefits, and obligations of the compacting states; (G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (H) insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (J) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (K) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance; (L) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (M) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
Article II. Definitions.
As used in this compact, unless the context clearly requires a different construction:
A. “By-laws” means: Those by-laws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.
B. “Compact administrator” means: The individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.
C. “Compacting state” means: Any state which has enacted the enabling legislation for this compact.
D. “Commissioner” means: The voting representative of each compacting state appointed pursuant to Article III of this compact.
E. “Court” means: Any court having jurisdiction over delinquent, neglected, or dependent children.
F. “Deputy compact administrator” means: The individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the state council under this compact.
G. “Interstate Commission” means: The Interstate Commission for Juveniles created by Article III of this compact.
H. “Juvenile” means: Any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
(1) Accused delinquent – a person charged with an offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated delinquent – a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(3) Accused status offender – a person charged with an offense that would not be a criminal offense if committed by an adult;
(4) Adjudicated status offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(5) Non-offender – a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
I. “Non-compacting state” means: Any state which has not enacted the enabling legislation for this compact.
J. “Probation or parole” means: Any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
K. “Rule” means: A written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.
L. “State” means: A state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
Article III. Interstate Commission for Juveniles.
A. The compacting states hereby create the “Interstate Commission for Juveniles.” The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.
C. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members. The Interstate Commission may provide in its by-laws for such additional ex-officio (non-voting) members, including members of other national organizations, in such numbers as shall be determined by the commission.
D. Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission.
E. The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
F. The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the by-laws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the by-laws.
G. Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.
H. The Interstate Commission’s by-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
I. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission’s internal personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial information which is privileged or confidential;
4. Involve accusing any person of a crime, or formally censuring any person;
5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcement purposes;
7. Disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
8. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
9. Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this provision, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
K. The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
Article IV. Powers and Duties of the Interstate Commission.
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting states.
2. To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
3. To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any by-laws adopted and rules promulgated by the Interstate Commission.
4. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the by-laws, using all necessary and proper means, including, but not limited to, the use of judicial process.
5. To establish and maintain offices which shall be located within one or more of the compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire, or contract for services of personnel.
8. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.
10. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
13. To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and by-laws governing the management and operation of the Interstate Commission.
16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
17. To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
18. To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
19. To establish uniform standards of the reporting, collecting, and exchanging of data.
20. The Interstate Commission shall maintain its corporate books and records in accordance with the by-laws.
Article V. Organization and Operation of the Interstate Commission.
Section A. By-laws
The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
a. Establishing the fiscal year of the Interstate Commission;
b. Establishing an executive committee and such other committees as may be necessary;
c. Provide for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;
d. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
e. Establishing the titles and responsibilities of the officers of the Interstate Commission;
f. Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations.
g. Providing “start-up” rules for initial administration of the compact; and
h. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and staff
1. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
2. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
Section C. Qualified immunity, defense and indemnification
1. The Commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person or caused by acts or omissions outside of the scope of commission employment.
2. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person or caused by any acts or omissions outside of the scope of their employment.
3. The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
Article VI. Rulemaking Functions of the Interstate Commission.
A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this article and the by-laws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedure Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U. S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.
C. When promulgating a rule, the Interstate Commission shall, at a minimum:
1. Publish the proposed rule’s entire text stating the reason(s) for that proposed rule;
2. Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available;
3. Provide an opportunity for an informal hearing if petitioned by 10 or more persons; and
4. Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
D. Allow, not later than sixty days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedure Act.
E. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
F. The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this article shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.
G. Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
Article VII. Oversight, Enforcement, and Dispute Resolution by the Interstate Commission.
Section A. Oversight
1. The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
2. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute resolution
1. The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.
Article VIII. Finance.
A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
B. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
C. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
Article IX. The State Council.
Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission activities and other duties as may be determined by that state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state.
Article X. Compacting States, Effective Date and Amendment.
A. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article II of this compact is eligible to become a compacting state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states and territories of the United States.
C. The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Article XI. Withdrawal, Default, Termination, and Judicial Enforcement.
Section A. Withdrawal
1. Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
2. The effective date of withdrawal is the effective date of the repeal.
3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within sixty days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
Section B. Technical Assistance, Fines, Suspension, Termination, and Default
1. If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
a. Remedial training and technical assistance as directed by the Interstate Commission;
b. Alternative dispute resolution;
c. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and
d. Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the by-laws, or duly promulgated rules and any other grounds designated in commission by-laws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.
2. Within sixty days of the effective date of termination of a defaulting state, the commission shall notify the Governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the state council of such termination.
3. The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
5. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.
Section D. Dissolution of compact
1. The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.
2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the by-laws.
Article XII. Severability and Construction.
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
Article XIII. Binding Effect of Compact and Other Laws.
Section A. Other laws
1. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
2. All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding effect of the compact
1. All lawful actions of the Interstate Commission, including all rules and by-laws promulgated by the Interstate Commission, are binding upon the compacting states.
2. All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
4. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
","history":"(Act 2004-313, p. 446, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42114,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41202,"codeId":31347,"versionId":26341,"parentId":31345,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-11","shortTitle":"Section 44-2-11","catchLine":"Authority to Enter into Compact with Other States.","title":"Section 44-2-11 Authority to Enter into Compact with Other States.","sectionRange":null,"content":"The Governor is directed to enter into a compact on behalf of the State of Alabama with any state in the United States legally joining the compact in the form as substantially provided for in Section 44-2-10.
","history":"(Act 2004-313, p. 446, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42115,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41203,"codeId":10692,"versionId":null,"parentId":10664,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Interstate Compact on the Placement of Children.","title":"Article 2 Interstate Compact on the Placement of Children.","sectionRange":"§44-2-20 to §44-2-26","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42116,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41204,"codeId":10694,"versionId":8582,"parentId":10692,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-20","shortTitle":"Section 44-2-20","catchLine":"Text of Compact.","title":"Section 44-2-20 Text of Compact.","sectionRange":null,"content":"The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:
Article I. Purpose and Policy.
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of children will be promoted.
Article II. Definitions.
As used in this compact:
(a) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.
(b) “Sending agency” means a party state, or officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or brought any child to another party state.
(c) “Receiving state” means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
(d) “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility.
Article III. Conditions for Placement.
(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.
(b) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring or place the child in the receiving state. The notice shall contain:
(1) The name, date, and place of birth of the child.
(2) The identity and address or addresses of the parents or legal guardian.
(3) The name and address of the person, agency or institution to or with which the sending agency proposed to send, bring or place the child.
(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
(d) The child shall not be sent, brought or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
Article IV. Penalty for Illegal Placement.
The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.
Article V. Retention of Jurisdiction.
(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.
(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.
Article VI. Institutional Care of Delinquent Children.
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his or her being sent to such other party jurisdiction for institutional care and the court finds that:
1. Equivalent facilities for the child are not available in the sending agency’s jurisdiction; and
2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
Article VII. Compact Administrator.
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his or her jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
Article VIII. Limitations.
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his or her guardian and leaving the child with any such relative or nonagency guardian in the receiving state.
(b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
Article IX. Enactment and Withdrawal.
This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and, with the consent of congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
Article X. Construction and Severability.
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
","history":"(Acts 1979, No. 79-675, p. 1192.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42117,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41205,"codeId":10696,"versionId":8584,"parentId":10692,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-21","shortTitle":"Section 44-2-21","catchLine":"Financial Responsibility.","title":"Section 44-2-21 Financial Responsibility.","sectionRange":null,"content":"Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of Sections 30-4-50 through 30-4-82, also may be invoked.
","history":"(Acts 1979, No. 79-675, p. 1192.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42118,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41206,"codeId":10700,"versionId":8587,"parentId":10692,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-22","shortTitle":"Section 44-2-22","catchLine":"Department of Pensions and Security to Act as Appropriate Public Authority.","title":"Section 44-2-22 Department of Pensions and Security to Act as Appropriate Public Authority.","sectionRange":null,"content":"The [term] “appropriate public authorities” as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the department of pensions and security of the State of Alabama and said department shall receive and act with reference to notices required by said Article III.
","history":"(Acts 1979, No. 79-675, p. 1192.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42119,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41207,"codeId":10703,"versionId":8590,"parentId":10692,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-23","shortTitle":"Section 44-2-23","catchLine":"Commissioner of Department of Pensions and Security to Be Appropriate Authority in the Receiving State.","title":"Section 44-2-23 Commissioner of Department of Pensions and Security to Be Appropriate Authority in the Receiving State.","sectionRange":null,"content":"As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children the phrase “appropriate authority in the receiving state” with reference to this state shall mean the Commissioner of the Department of Pensions and Security.
","history":"(Acts 1979, No. 79-675, p. 1192.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42120,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41208,"codeId":10705,"versionId":8592,"parentId":10692,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-24","shortTitle":"Section 44-2-24","catchLine":"Authority to Enter into Agreements; Commissioner of Department of Pensions and Security to Approve Financial Commitments or Obligations.","title":"Section 44-2-24 Authority to Enter into Agreements; Commissioner of Department of Pensions and Security to Approve Financial Commitments or Obligations.","sectionRange":null,"content":"The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation of this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the Commissioner of the Department of Pensions and Security or his or her designated agent.
","history":"(Acts 1979, No. 79-675, p. 1192.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42121,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41209,"codeId":10708,"versionId":8594,"parentId":10692,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-25","shortTitle":"Section 44-2-25","catchLine":"Governor to Act as Executive Head.","title":"Section 44-2-25 Governor to Act as Executive Head.","sectionRange":null,"content":"As used in Article VI [Article VII] of the Interstate Compact on the Placement of Children, the term “executive head” means the governor. The Governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
","history":"(Acts 1979, No. 79-675, p. 1192.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42122,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41210,"codeId":10712,"versionId":8598,"parentId":10692,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-2-26","shortTitle":"Section 44-2-26","catchLine":"Commissioner of Department of Pensions and Security to Be Compact Administrator.","title":"Section 44-2-26 Commissioner of Department of Pensions and Security to Be Compact Administrator.","sectionRange":null,"content":"The Commissioner of the state Department of Pensions and Security shall be the compact administrator and, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this state hereunder.
","history":"(Acts 1979, No. 79-675, p. 1192.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42123,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41211,"codeId":10719,"versionId":null,"parentId":44,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"3","shortTitle":"Chapter 3","catchLine":"Regional Custody and Care of Youths Under Jurisdiction of Juvenile Court.","title":"Chapter 3 Regional Custody and Care of Youths Under Jurisdiction of Juvenile Court.","sectionRange":"§44-3-1 to §44-3-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42124,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41212,"codeId":10721,"versionId":8603,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-1","shortTitle":"Section 44-3-1","catchLine":"Definitions.","title":"Section 44-3-1 Definitions.","sectionRange":null,"content":"The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein otherwise, be given the following respective interpretations herein:
(1) ALABAMA DEPARTMENT OF YOUTH SERVICES. The state department of that name or any other department created by the legislature in lieu of said department.
(2) BOARD OF DIRECTORS. That body of persons selected in accordance with the articles of incorporation and bylaws of a corporation formed pursuant to this chapter.
(3) COUNTY. Any county in this state.
(4) FACILITIES. Structures, equipment and furnishings, or any other part or combination thereof, which are used, useful or capable of use, and the use thereof in connection with the implementation and operation of programs as defined herein.
(5) GOVERNING BODY. A county commission, board of revenue, or other like governing body of a county, or the council, commission, or other like governing body of an incorporated municipality.
(6) PROGRAMS. The use of various behavioral programs in the care and supervision of children. All programs are to be in compliance with the minimum standards as established by the Alabama Department of Youth Services as defined herein.
","history":"(Acts 1978, No. 620, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42125,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41213,"codeId":10723,"versionId":8605,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-2","shortTitle":"Section 44-3-2","catchLine":"Authorization for Creation by Counties and Municipalities of Regional, Nonprofit Public Corporations for Provision of Temporary Care and Custody of Youths Under Juvenile Court Jurisdiction.","title":"Section 44-3-2 Authorization for Creation by Counties and Municipalities of Regional, Nonprofit Public Corporations for Provision of Temporary Care and Custody of Youths Under Juvenile Court Jurisdiction.","sectionRange":null,"content":"All counties and incorporated municipalities in this state are hereby authorized and empowered to form regional, nonprofit, public corporations which shall provide for the temporary care and custody of youths who have been placed under the jurisdiction of a juvenile court.
","history":"(Acts 1978, No. 620, p. 880, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42126,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41214,"codeId":10726,"versionId":8608,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-3","shortTitle":"Section 44-3-3","catchLine":"Effect of Formation of Corporations Upon Presently Existing Juvenile Facilities and Programs and Corporations.","title":"Section 44-3-3 Effect of Formation of Corporations Upon Presently Existing Juvenile Facilities and Programs and Corporations.","sectionRange":null,"content":"Any corporation so created shall be a public, nonprofit corporation and may be organized as a successor to presently existing juvenile facilities and programs. Members in presently existing corporations shall automatically retain membership in any successor corporation formed after the passage of this chapter.
","history":"(Acts 1978, No. 620, p. 880, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42127,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41215,"codeId":10728,"versionId":8610,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-4","shortTitle":"Section 44-3-4","catchLine":"Service Areas of Corporations.","title":"Section 44-3-4 Service Areas of Corporations.","sectionRange":null,"content":"The service area of such corporation shall be those present and future Alabama counties who are members of a corporation formed for the purpose of providing temporary care and custody to those children who are placed with the corporation by order of a judge exercising juvenile court jurisdiction or otherwise placed under the authority of existing law.
","history":"(Acts 1978, No. 620, p. 880, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42128,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41216,"codeId":10732,"versionId":8613,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-5","shortTitle":"Section 44-3-5","catchLine":"Corporations to Be Governed by Boards of Directors; Selection and Meetings of Boards of Directors.","title":"Section 44-3-5 Corporations to Be Governed by Boards of Directors; Selection and Meetings of Boards of Directors.","sectionRange":null,"content":"Such corporation shall be governed by a board of directors selected from member counties or municipalities, as the case may be, as may be specified in the bylaws of the corporation. The board of directors shall hold regular quarterly meetings and such meetings as may be called from time to time by the chair of the board who shall be selected in accordance with procedure as outlined in the bylaws. The annual meeting of the corporation shall be held in conjunction with the last board of directors meeting in the calendar year.
","history":"(Acts 1978, No. 620, p. 880, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42129,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41217,"codeId":10734,"versionId":8615,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-6","shortTitle":"Section 44-3-6","catchLine":"Powers of Corporations Generally.","title":"Section 44-3-6 Powers of Corporations Generally.","sectionRange":null,"content":"Pursuant to the provisions of this chapter, such corporation, in acting through the board of directors, shall have all the powers of a corporation as granted by the laws of Alabama.
","history":"(Acts 1978, No. 620, p. 880, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42130,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41218,"codeId":10737,"versionId":8616,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-7","shortTitle":"Section 44-3-7","catchLine":"Amendment of Articles of Incorporation of Corporations.","title":"Section 44-3-7 Amendment of Articles of Incorporation of Corporations.","sectionRange":null,"content":"The articles of incorporation of such corporation may be amended as specified in the articles of incorporation.
","history":"(Acts 1978, No. 620, p. 880, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42131,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41219,"codeId":10739,"versionId":8619,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-8","shortTitle":"Section 44-3-8","catchLine":"Admission of Governing Bodies into Membership of Corporations.","title":"Section 44-3-8 Admission of Governing Bodies into Membership of Corporations.","sectionRange":null,"content":"Any governing body in the state as defined in this chapter may submit a letter of application to the corporation’s chair of the board of directors. Said letter shall be in compliance with admission procedures as established by the board. Upon approval of a majority of board members present at a regularly scheduled board meeting, new members shall be admitted into the corporation and the number of directors representing that body will be determined by the existing board.
","history":"(Acts 1978, No. 620, p. 880, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42132,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41220,"codeId":10740,"versionId":8620,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-9","shortTitle":"Section 44-3-9","catchLine":"Appropriations to Corporations by Governing Bodies.","title":"Section 44-3-9 Appropriations to Corporations by Governing Bodies.","sectionRange":null,"content":"All governing bodies, as defined in this chapter, are hereby authorized to appropriate and pay over to the corporation a respective share of the costs of operation of the facilities and programs of said corporation and the construction, renovation or operation of any future facility or programs as determined by the board of directors.
","history":"(Acts 1978, No. 620, p. 880, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42133,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41221,"codeId":10743,"versionId":8623,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-10","shortTitle":"Section 44-3-10","catchLine":"Responsibility of Boards of Directors for Control and Direction of Facilities and Programs.","title":"Section 44-3-10 Responsibility of Boards of Directors for Control and Direction of Facilities and Programs.","sectionRange":null,"content":"Nothing in this chapter shall be construed to mean that the facilities and programs, provided for herein, are to be under the control or direction of any person other than the board of directors, who shall require the facilities and programs of the corporation to be in compliance with the minimum standards of construction, maintenance, and operation adopted by state regulatory agencies and laws of the state of Alabama.
","history":"(Acts 1978, No. 620, p. 880, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42134,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41222,"codeId":10745,"versionId":8624,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-11","shortTitle":"Section 44-3-11","catchLine":"Exemption from Taxation of Corporations, Property, Income, Etc.","title":"Section 44-3-11 Exemption from Taxation of Corporations, Property, Income, Etc.","sectionRange":null,"content":"Such corporation authorized herein, and its property, including bonds, conveyances, mortgages, leases, and all income from such property, and operation of programs shall be exempt from all taxation that shall be imposed on said corporation for the privilege of engaging in any of the activities authorized by this chapter.
","history":"(Acts 1978, No. 620, p. 880, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42135,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41223,"codeId":10748,"versionId":8626,"parentId":10719,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"44-3-12","shortTitle":"Section 44-3-12","catchLine":"Commencement of Existence of Corporations.","title":"Section 44-3-12 Commencement of Existence of Corporations.","sectionRange":null,"content":"Such corporation authorized herein shall come into being upon the filing of the articles of incorporation with the office of probate judge in the county in which its principal facility is located.
","history":"(Acts 1978, No. 620, p. 880, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42136,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41224,"codeId":32100,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"45","shortTitle":"Title 45","catchLine":"Local Laws.","title":"Title 45 Local Laws.","sectionRange":null,"content":null,"history":null,"numChildren":134,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42137,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41225,"codeId":32390,"versionId":null,"parentId":32100,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"Autauga County.","title":"Chapter 1 Autauga County.","sectionRange":"§45-1-10 to §45-1-260","content":null,"history":null,"numChildren":26,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42138,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41226,"codeId":32524,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General and Miscellaneous Provisions.","title":"Article 1 General and Miscellaneous Provisions.","sectionRange":"§45-1-10","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42139,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41227,"codeId":32526,"versionId":27746,"parentId":32524,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-10","shortTitle":"Section 45-1-10","catchLine":"Disclaimer,","title":"Section 45-1-10 Disclaimer,","sectionRange":null,"content":"(a) This chapter endeavors to add to the Code of Alabama 1975, all Autauga County local laws enacted after 1978 and all Autauga County prior local laws that were amended or affected by a local law enacted after 1978.
(b) It is the purpose of this chapter to state current applicable law. To this end:
(1) This chapter shall not affect the compensation, terms, pension and retirement benefits and rights, and other benefits and rights otherwise provided by law enacted prior to the codification of this chapter.
(2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable.
(3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment.
(4) This chapter shall have no affect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law.
(5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application.
(c)(1) The classification and organization of this chapter, the parts, subparts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom.
(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42140,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41228,"codeId":32525,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Alcoholic Beverages.","title":"Article 2 Alcoholic Beverages.","sectionRange":"§45-1-20 to §45-1-20.01","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42141,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41229,"codeId":33412,"versionId":27747,"parentId":32525,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-20","shortTitle":"Section 45-1-20","catchLine":"Licensing and Regulation; Violations.","title":"Section 45-1-20 Licensing and Regulation; Violations.","sectionRange":null,"content":"(a) Each local government entity within Autauga County, whether it be a municipality or the county commission, shall have the right and authority to suspend or revoke any license issued for the sale of alcoholic beverages which the local governmental entity approved for issuances to any hotel, restaurant, or club for any reason which the local governmental entity may deem sufficient and proper. This power to suspend or revoke such license shall be subject to the review of the State of Alabama Alcoholic Beverage Control Board.
(b) Each local governmental entity in Autauga County, whether it be a municipal governing body or the county commission, may promulgate and implement rules and regulations for controlling the liquor traffic within the jurisdiction of the local governmental entity, by allowing or prohibiting nudity, topless dancing, or any other type of similar live entertainment on the premises of a business which serves or sells alcoholic beverages or allows the public to consume alcoholic beverages on the premises. The rules and regulations shall be adopted by a majority vote of the governing body of the local governmental entity and the action shall be spread upon the minutes of a regular meeting of the governing body. The unincorporated areas of the county shall be subject only to the rules and regulations adopted by the county commission.
(c) When a local governmental entity deems that a rule or regulation adopted under this section has been violated, it may suspend or revoke the business license of the violator until the violator is deemed by the governmental entity to be in compliance with the rule or regulation. An alleged violation of a rule or regulation shall be afforded due process at a hearing before the governing body of the appropriate local governmental entity before a license is suspended or revoked. The appropriate governing body shall prescribe procedural rules for the hearing. Any appeal of a suspension or revocation of a license under this section shall lie directly to the circuit court of the county.
(d) If a business continues or attempts to continue to operate after a license of the business has been suspended or revoked under this section or in violation of any rule or regulation of a local governmental entity, the proprietor of the business shall be guilty of a Class C misdemeanor and upon conviction thereof shall be punished as prescribed by law.
(e) When a local governmental entity deems that a rule or regulation adopted by the governing body of the entity has been violated, it may commence a civil action in the name of the local governmental entity in the Circuit Court of Autauga County to enjoin the activity which may be in violation of the rule or regulation. In any civil action brought pursuant to this subsection, the circuit court of the county may assess all costs of enjoining the action, including attorney fees, court costs, and all other expenses of litigation against the proprietor of a business found to be in violation of the rule or regulation.
","history":"(Act 79-249, p. 379, §1; Act 79-488, p. 902, §1; Act 98-230, p. 379, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42142,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41230,"codeId":58411,"versionId":50433,"parentId":32525,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-20.01","shortTitle":"Section 45-1-20.01","catchLine":"Regulation of Alcoholic Beverage Sales in Unincorporated Areas of Autauga County.","title":"Section 45-1-20.01 Regulation of Alcoholic Beverage Sales in Unincorporated Areas of Autauga County.","sectionRange":null,"content":"(a) This section shall apply only in Autauga County in the unincorporated areas of the county.
(b) For the purposes of this section, the term “unincorporated area of the county” means any area of the county outside of the corporate limits of an operating municipality with an elected mayor and municipal council.
(c) In the unincorporated areas of the county, the Autauga County Commission may authorize the sale of draft or keg beer for on-premises or off-premises consumption, or both, by any retail licensee of the Alabama Alcoholic Beverage Control Board (ABC), except the county commission shall not authorize the sale of draft beer in any container larger than 64 ounces. Except as authorized above, the sale of draft or keg beer for off-premises consumption in a keg or other similar container is strictly prohibited. Any licensee of the ABC Board selling draft beer shall be in compliance with the requirements of the Responsible Vendor Program of the board.
(d) In the unincorporated areas of Autauga County, the county commission may authorize any properly licensed retail licensee of the ABC Board serving the general public to sell alcoholic beverages for on-premises or off-premises consumption, or both, on Sunday after 12:00 p.m. Any licensee selling alcoholic beverages on Sunday shall be in compliance with the requirements of the Responsible Vendor Program of the board.
(e) (1) Effective October 1, 2023, the Autauga County Commission, by resolution of the county commission, may require each individual or entity selling alcoholic beverages in the unincorporated area of the county for on-premises consumption to have a separate business license to sell alcoholic beverages. The county commission may set the requirements for the individual or entity to sell alcoholic beverages for on-premises consumption in addition to the requirements for a license from the ABC Board.
(2) After the implementation of the license required by this section, no individual or entity may sell alcoholic beverages in the unincorporated area of the county for on-premises consumption without a valid county business license. The fees for the issuance of the business license shall not exceed two hundred dollars ($200) per year as set by the county commission. The fee for a business license may vary based on the type of license issued by the ABC Board.
(3) The requirements for a business license pursuant to this section may include the following:
a. Inspections relating to fire safety as determined necessary by the State Fire Marshal and compliance with any requirements of the inspection, including maximum occupancy of the premises.
b. Compliance with all requirements and inspections of the Autauga County Health Department relating to food and beverage service and septic or sewer service.
(4) Any violations of the requirements of this section may result in the denial of a license or the revocation of the license. The county commission may enforce this section by appropriate injunctive relief in the Circuit Court of Autauga County.
","history":"(Act 2023-71, §§1-5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42143,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41231,"codeId":32527,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Boards and Commissions.","title":"Article 3 Boards and Commissions.","sectionRange":"§45-1-30","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42144,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41232,"codeId":33413,"versionId":27748,"parentId":32527,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-30","shortTitle":"Section 45-1-30","catchLine":"Reserved.","title":"Section 45-1-30 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42145,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41233,"codeId":32528,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Business, Labor, and Occupations.","title":"Article 4 Business, Labor, and Occupations.","sectionRange":"§45-1-40","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42146,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41234,"codeId":33414,"versionId":27749,"parentId":32528,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-40","shortTitle":"Section 45-1-40","catchLine":"Reserved.","title":"Section 45-1-40 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42147,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41235,"codeId":32529,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Constables.","title":"Article 5 Constables.","sectionRange":"§45-1-50","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42148,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41236,"codeId":33415,"versionId":27750,"parentId":32529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-50","shortTitle":"Section 45-1-50","catchLine":"Office of Constable Abolished.","title":"Section 45-1-50 Office of Constable Abolished.","sectionRange":null,"content":"In Autauga County, the office of constable shall be abolished, pursuant to Section 36-23-1. All assets, money, property, real or personal, equipment, and supplies belonging to the office shall be transferred to the county governing body for use or disposition as it shall deem proper for the county.
","history":"(Act 93-593, p. 969, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42149,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41237,"codeId":32530,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"Coroner","title":"Article 6 Coroner","sectionRange":"§45-1-60 to §45-1-61","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42150,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41238,"codeId":48821,"versionId":null,"parentId":32530,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"1","shortTitle":"Part 1","catchLine":"Compensation.","title":"Part 1 Compensation.","sectionRange":"§45-1-60 to §45-1-60.01","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42151,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41239,"codeId":33416,"versionId":27751,"parentId":48821,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-60","shortTitle":"Section 45-1-60","catchLine":"Salary of Coroner.","title":"Section 45-1-60 Salary of Coroner.","sectionRange":null,"content":"(a) Commencing with the next term of office, the salary of the Coroner of Autauga County shall be fourteen thousand six hundred dollars ($14,600) per year, which shall be paid in the same manner and at the same time as other county employees.
(b) The salary provided in this section shall be in lieu of any other salary, compensation, or expense allowance provided for by general or local law.
","history":"(Act 98-304, p. 497, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42152,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41240,"codeId":48356,"versionId":40454,"parentId":48821,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-60.01","shortTitle":"Section 45-1-60.01","catchLine":"Benefits and Allowances; Additional Expenses.","title":"Section 45-1-60.01 Benefits and Allowances; Additional Expenses.","sectionRange":null,"content":"(a) In addition to the salary provided by law, the coroner shall be entitled to the same benefits and allowances as are provided by the Autauga County Commission to all other public officials elected in Autauga County.
(b) The county commission shall reimburse the coroner for any additional expenses incurred in the performance of the duties of the coroner with the prior consent and approval of the county commission.
(c) The county commission may provide a vehicle, communications equipment, and office space to the coroner as the commission deems necessary for the efficient operation of the coroner’s office.
","history":"(Act 2016-71, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42153,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41241,"codeId":48822,"versionId":null,"parentId":32530,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"2","shortTitle":"Part 2","catchLine":"Employees.","title":"Part 2 Employees.","sectionRange":"§45-1-61","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42154,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41242,"codeId":48823,"versionId":40851,"parentId":48822,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-61","shortTitle":"Section 45-1-61","catchLine":"Deputy Coroners.","title":"Section 45-1-61 Deputy Coroners.","sectionRange":null,"content":"The Coroner of Autauga County may appoint deputy coroners to serve without compensation and to serve at the pleasure of the county coroner. The deputy coroners shall take the oath of office required by Section 279 of the Constitution of Alabama of 1901, shall serve under the supervision of the coroner, and shall perform the same duties as the coroner. Deputy coroners shall possess the same authority to issue subpoenas related to inquests as prescribed for coroners by state law.
","history":"(Act 2004-689, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42155,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41243,"codeId":32531,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"County Commission.","title":"Article 7 County Commission.","sectionRange":"§45-1-70","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42156,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41244,"codeId":33417,"versionId":27752,"parentId":32531,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-70","shortTitle":"Section 45-1-70","catchLine":"Regular and Special Meetings.","title":"Section 45-1-70 Regular and Special Meetings.","sectionRange":null,"content":"(a) Beginning June 1993, the County Commission of Autauga County shall meet regularly at the courthouse on the first Thursday of each month unless this day falls on a holiday and in this case shall meet the following day, unless some other day be agreed upon prior to the meeting for the transaction of business properly coming before the commission.
(b) The commission may hold special meetings at the call of the chairman.
","history":"(Act 93-553, p. 908, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42157,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41245,"codeId":32532,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8","shortTitle":"Article 8","catchLine":"Courts.","title":"Article 8 Courts.","sectionRange":"§45-1-80 to §45-1-83","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42158,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41246,"codeId":32533,"versionId":null,"parentId":32532,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"1","shortTitle":"Part 1","catchLine":"Court Costs.","title":"Part 1 Court Costs.","sectionRange":"§45-1-80 to §45-1-80.02","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42159,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41247,"codeId":33418,"versionId":27753,"parentId":32533,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-80","shortTitle":"Section 45-1-80","catchLine":"Juvenile Court Services Fund.","title":"Section 45-1-80 Juvenile Court Services Fund.","sectionRange":null,"content":"(a) In addition to all other costs and charges in circuit and district court cases in Autauga County, a fee of ten dollars ($10) shall be charged and collected by the clerk of the court. When collected by the clerk of the court, the additional fee shall be remitted monthly to the Juvenile Court Services Fund.
(b) In addition to any other costs and charges now provided by law, a monthly supervision fee may be assessed in juvenile court cases at the discretion of the juvenile court judge. The supervision fee shall be collected by the juvenile court office and deposited in the Juvenile Court Services Fund.
(c) There is hereby established a Juvenile Court Services Fund for the deposit of the additional court costs levied by this section. The fund shall be maintained in an interest-bearing account in a bank of known responsibility under the supervision of the Juvenile Court Judge of Autauga County, expended solely for juvenile programs, equipment, and subsistence for the juvenile court staff in the county to aid the functions of the juvenile court and benefit of the children of Autauga County. Any funds expended shall be authorized by the Juvenile Court Judge of Autauga County.
","history":"(Act 98-647, p. 1424, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42160,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41248,"codeId":33968,"versionId":28259,"parentId":32533,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-80.01","shortTitle":"Section 45-1-80.01","catchLine":"Service of Process Serving Fund.","title":"Section 45-1-80.01 Service of Process Serving Fund.","sectionRange":null,"content":"(a) This section shall only apply to Autauga County.
(b) The Autauga County Sheriff Service of Process Serving Fund is created and hereinafter referred to in this section as the fund.
(c) The Sheriff of Autauga County, except for warrants for arrest, may contract with or enter into contract or agreement with a private, public, or governmental entity for the purpose of service of process.
(d)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the criminal division of the district and circuit courts of Autauga County, a service of process fee of twenty dollars ($20) per document is imposed and shall be paid into the fund.
(2) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of Autauga County, a service of process fee of twenty dollars ($20) per document is imposed and shall be paid into the fund.
(3) The court official designated in Autauga County by law for the respective courts shall collect the service of process fee designated in subdivisions (1) and (2) and remit the fees collected to the sheriff for deposit in the fund.
(e) The sheriff may use the monies generated by this section for law enforcement purposes in Autauga County, as the sheriff sees fit, including contracting with or entering into a contract or agreement with a private, public, or governmental entity for service of process of documents from the civil or criminal division of the district or circuit court. The funds shall not revert to the general fund of the county at the end of the fiscal year.
","history":"(Act 2006-192, §§1-5; Act 2006-223, p. 384, §§1-5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42161,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41249,"codeId":37823,"versionId":30609,"parentId":32533,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-80.02","shortTitle":"Section 45-1-80.02","catchLine":"Docket Fee; Solicitor’s Fund.","title":"Section 45-1-80.02 Docket Fee; Solicitor’s Fund.","sectionRange":null,"content":"(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Autauga, Chilton, and Elmore Counties, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly as follows: One dollar of the fees assessed in each case shall be distributed to the office of the circuit clerk in the county where collected and the remainder to the Solicitor’s Fund or District Attorney’s Fund in the county where the fee is collected or to the fund that may be hereafter prescribed by law for the solicitor’s fee. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund.
(b) The solicitor’s fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor’s fee shall be in addition to and not in lieu of any other fees or costs. The solicitor’s fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonably foreseeable future.
(c) The solicitor’s fee may be expended, as the district attorney sees fit, for the payment of any and all expenses incurred by the district attorney for law enforcement and in the discharge of the duties of the office. That portion of the fees earmarked for the office of the circuit clerk may be expended in the county where collected at the request of the circuit clerk for any lawful purpose.
","history":"(Act 2009-327, p. 553, §§1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42162,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41250,"codeId":32534,"versionId":null,"parentId":32532,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"2","shortTitle":"Part 2","catchLine":"Probate Court.","title":"Part 2 Probate Court.","sectionRange":"§45-1-81 to §45-1-81.40","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42163,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41251,"codeId":32535,"versionId":null,"parentId":32534,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"1","shortTitle":"Subpart 1","catchLine":"License Division.","title":"Subpart 1 License Division.","sectionRange":"§45-1-81 to §45-1-81.05","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42164,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41252,"codeId":32536,"versionId":27754,"parentId":32535,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81","shortTitle":"Section 45-1-81","catchLine":"License Division Created.","title":"Section 45-1-81 License Division Created.","sectionRange":null,"content":"There is hereby created within the judge of probate’s office of Autauga County license division which shall issue all licenses issued through the judge of probate’s office, except marriage licenses. The county commission shall furnish suitable quarters and provide the necessary forms, books, stationery, records, equipment and supplies, except such stationery forms and supplies as are furnished pursuant to law by the state Department of Finance or the state Comptroller. The county commission shall also provide such clerks, and other assistants for the judge of probate as shall be necessary from time to time for the proper and efficient performance of the duties of his or her office. The judge of probate shall have authority to employ such clerks, and other assistants, and to fix their compensation; however, the number and compensation of such clerks and other assistants shall be subject to the approval of the county commission. The compensation of the clerks and assistants shall be paid out of the general fund of the county in the same manner as other county employees are paid.
","history":"(Act 89-372, p. 719, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42165,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41253,"codeId":33419,"versionId":27755,"parentId":32535,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.01","shortTitle":"Section 45-1-81.01","catchLine":"Assessment and Collection of Certain Motor Vehicle Taxes; License Records.","title":"Section 45-1-81.01 Assessment and Collection of Certain Motor Vehicle Taxes; License Records.","sectionRange":null,"content":"(a) The judge of probate shall perform all duties relating to the assessment and collection of ad valorem taxes and casual sales and use taxes on motor vehicles in the county, which have heretofore been performed by the tax assessor and the tax collector. The tax assessor and the tax collector of Autauga County are hereby relived of all duties and responsibilities relative to the assessment and collection of taxes on such motor vehicles. The judge of probate shall receive the commissions and fees now allowed the assessor and collector for performing these functions, and such fees and commissions shall be remitted to the county general fund. Reporting and remitting such collections shall be made by the judge of probate or as otherwise required by statute.
(b) The judge of probate shall keep at all times an accurate record of all licenses received by him or her from the State Comptroller and of the disposition made of them, of all monies received, and of the licenses issued by him or her. The judge of probate shall report to the State Comptroller at the same time and in the same manner that the judges of probate are required to do under the general law. All unissued licenses and the stubs or duplicates or carbon copies of licenses issued shall be accounted for in the same manner that judges of probate are required to account for by law.
","history":"(Act 89-372, p. 719, §§2, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42166,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41254,"codeId":33420,"versionId":27756,"parentId":32535,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.02","shortTitle":"Section 45-1-81.02","catchLine":"Collection and Disposition of Fees.","title":"Section 45-1-81.02 Collection and Disposition of Fees.","sectionRange":null,"content":"Except as hereinafter provided, the judge of probate shall be entitled to charge and collect the same fees that are provided for by law. All such fees shall be the property of the county and shall be paid to the general fund of the county. Refunds for licenses issued by mistake or fact of law and shall be made under the conditions and in the manner prescribed by this code.
","history":"(Act 89-372, p. 719, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42167,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41255,"codeId":33421,"versionId":27757,"parentId":32535,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.03","shortTitle":"Section 45-1-81.03","catchLine":"Payment of Ad Valorem Vehicle Tax Prerequisite to Issuance of License or Transfer; Certificate of Assessment.","title":"Section 45-1-81.03 Payment of Ad Valorem Vehicle Tax Prerequisite to Issuance of License or Transfer; Certificate of Assessment.","sectionRange":null,"content":"To prevent motor vehicles from escaping taxation and to provide for a more efficient procedure for assessment and collection of taxes due on same, no licenses shall be issued to operate motor vehicles on the public highways of this state, nor shall any transfer be made by the judge of probate until the ad valorem tax on such vehicles shall have been paid to the county for the preceding year as evidenced by receipt from the judge. Every person, firm, or corporation driving or owning a motor vehicle who desires to operate a motor vehicle on the public highways of Alabama shall first return such motor vehicle for ad valorem taxation purposes to the judge of probate who shall issue a certificate of assessment on a form prescribed by the State Department of Revenue, shall collect the taxes shown thereon, and shall make a duplicate of the tax receipt and keep same on file in his or her office. The license tag shall be evidence of the payment of the license and ad valorem tax due as provided under this subpart.
","history":"(Act 89-372, p. 719, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42168,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41256,"codeId":33422,"versionId":27758,"parentId":32535,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.04","shortTitle":"Section 45-1-81.04","catchLine":"Vehicle Information Required for Assessment.","title":"Section 45-1-81.04 Vehicle Information Required for Assessment.","sectionRange":null,"content":"Before any vehicle can be assessed, the judge of probate shall be furnished the tag number presently on the vehicle unless such vehicle is new, in which case the judge of probate shall be furnished a bona fide bill of sale from the dealer showing when the vehicle was bought new. In the case of a used car brought into the state from a state which provides that upon sale or transfer of the motor vehicle the tags are either surrendered to an appropriate authority or subsequently reissued by the seller, the judge of probate shall be furnished a bona fide certificate of title properly assigned which shows when the car was sold to an individual, firm, corporation, or association, living or operating in this state. If such tag number or bill of sale or certificate of title is not furnished, the vehicle will be presumed to have been in the state the entire year for which taxes are being assessed. Those motor vehicles brought into the state during any tax year and new motor vehicles for which licenses have never been issued that have been sold from the stock of a dealer during any tax year, shall be subject to taxation as if they had been held or owned in the state on the first day of October.
","history":"(Act 89-372, p. 719, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42169,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41257,"codeId":33423,"versionId":27759,"parentId":32535,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.05","shortTitle":"Section 45-1-81.05","catchLine":"Renewal of License by Mail; Mail Order Fee.","title":"Section 45-1-81.05 Renewal of License by Mail; Mail Order Fee.","sectionRange":null,"content":"The judge of probate may, at his or her discretion, mail an application for renewal of licenses to whom such license has been previously issued, such renewal forms required to be mailed prior to the expiration date of the license. Such renewal forms may be in post card form and with sufficient information thereon to adequately identify and process such renewal. There is hereby established a fee to be entitled “Mail Order Fee” which shall be set from time to time by the county commission in an amount not to exceed two dollars ($2) to pay the cost of the mailing procedure herein provided. This mail order fee shall only be collected from those persons who request their license to be mailed and such fee shall be collected by the judge of probate at the time of issuance and paid over to the general fund of the county as are other fees and commissions. The signature of the licensee thereon and proper remittance plus mail order fee if mail service is requested shall constitute sufficient authority for the judge of probate to issue such license and return to the licensee by mail.
","history":"(Act 89-372, p. 719, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42170,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41258,"codeId":32537,"versionId":null,"parentId":32534,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"2","shortTitle":"Subpart 2","catchLine":"Recording System.","title":"Subpart 2 Recording System.","sectionRange":"§45-1-81.30 to §45-1-81.40","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42171,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41259,"codeId":33424,"versionId":27760,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.30","shortTitle":"Section 45-1-81.30","catchLine":"Purpose.","title":"Section 45-1-81.30 Purpose.","sectionRange":null,"content":"This subpart shall apply only in Autauga County. The purpose of this subpart is to facilitate the use of public records in property transactions in Autauga County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal property that are recorded in the office of the judge of probate, and for the recording, archiving, and retrieving of other instruments, documents, and other uses in the discretion of the judge of probate.
","history":"(Act 2003-202, p. 523, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42172,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41260,"codeId":33425,"versionId":27761,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.31","shortTitle":"Section 45-1-81.31","catchLine":"Definitions.","title":"Section 45-1-81.31 Definitions.","sectionRange":null,"content":"The following words and phrases when used in this subpart shall have the following meanings:
(1) GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal property as well as real property.
(2) IMPROVED RECORDING SYSTEM. A system of recording real property instruments and personal property instruments in the probate office and, in the discretion of the judge of probate, of recording other instruments and documents, which system, when completed, will consist of the equipment necessary and suitable to record, archive, and retrieve records.
(3) PERSONAL PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35-4-50 and 35-4-90.
(4) REAL PROPERTY INSTRUMENT. Includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including, without limitation, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing the subdivision of real estate.
","history":"(Act 2003-202, p. 523, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42173,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41261,"codeId":33427,"versionId":27763,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.32","shortTitle":"Section 45-1-82.32","catchLine":"Recording, Archiving, and Retrieval System.","title":"Section 45-1-82.32 Recording, Archiving, and Retrieval System.","sectionRange":null,"content":"The judge of probate may provide for the installation and thereafter for the maintenance of an improved recording, archiving, and retrieval system in the probate office of Autauga County. The initial installation of the improved recording, archival, and retrieval system shall include the following:
(1) The acquisition of the equipment for an improved recording, archiving, and retrieving system.
(2) The establishment of procedures for the continued recording, archiving, and retrieving of all instruments and records that will, after the effective installation date, constitute a part of the improved recording, archiving, and retrieving system.
(3) The initial installation of the improved recording, archiving, and retrieving system shall be performed by a person or persons, firm, or corporation engaged in the records management business and experienced in setting up county records and shall be supervised and inspected by a person who is experienced in handling records pertaining to abstracts or titles. Following installation in the county, the improved recording, archiving, and retrieving system shall be thereafter maintained in the county and all real property instruments, general property instruments, personal property instruments, and other documents and records herein provided to constitute a part of the system, that may be thereafter filed for record in the probate office of the county shall be in accordance with the improved recording, archiving, and retrieving system. Each real property instrument and each personal property instrument shall be operative as a record from the time of its delivery to the judge of probate of the county, in accordance with existing law, including, without limitation, Section 12-13-43.
","history":"(Act 2003-202, p. 523, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42174,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41262,"codeId":33426,"versionId":27762,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.33","shortTitle":"Section 45-1-81.33","catchLine":"Official Record of Instruments.","title":"Section 45-1-81.33 Official Record of Instruments.","sectionRange":null,"content":"Following the effective installation date, real property instruments, personal property instruments, and other documents and records to be recorded, archived, and retrieved with computer-generated files or to be stored and filed on either optical disk or on paper, as determined by the judge of probate, shall constitute the official record of instruments for the purpose of Section 12-13-43.
","history":"(Act 2003-202, p. 523, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42175,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41263,"codeId":33428,"versionId":27764,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.34","shortTitle":"Section 45-1-81.34","catchLine":"Construction with Other Laws.","title":"Section 45-1-81.34 Construction with Other Laws.","sectionRange":null,"content":"All laws of Alabama relating to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and other instruments and records that may constitute part of an improved recording, archiving, and retrieving system installed hereunder, including, without limitation, Section 12-13-43, and all statutes respecting the filing and recording of notices or statements of liens of any kind, notices of lis pendens, declarations of claims or exemptions, certificates of judgment, or plats or maps showing subdivisions of real estate that are not inconsistent with this subpart shall continue in effect with respect to an improved recording, archiving, and retrieving system installed hereunder, the recording of instruments therein, and the duties of the judge of probate with respect thereto.
","history":"(Act 2003-202, p. 523, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42176,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41264,"codeId":33429,"versionId":27765,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.35","shortTitle":"Section 45-1-81.35","catchLine":"System Costs.","title":"Section 45-1-81.35 System Costs.","sectionRange":null,"content":"The initial installation costs shall be paid entirely out of the special recording fees. Nothing contained in this section, however, shall prohibit the county from using any part of its own funds for the purpose of paying the costs of purchasing, operating, or maintaining, after the initial installation, any improved system installed pursuant to this subpart.
","history":"(Act 2003-202, p. 523, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42177,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41265,"codeId":33430,"versionId":27766,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.36","shortTitle":"Section 45-1-81.36","catchLine":"Recording and Filing Fee - Certain Instruments.","title":"Section 45-1-81.36 Recording and Filing Fee - Certain Instruments.","sectionRange":null,"content":"Effective September 1, 2003, a special recording and filing fee of five dollars ($5) shall be paid to and collected by the Judge of Probate of Autauga County, with respect to each real property instrument, each personal property instrument, and each Uniform Commercial Code document that may be filed for record in the office of the judge of probate and with respect to other instruments and documents in the probate office at the discretion of the judge of probate, and on and after September 1, 2003, no instrument or document shall be received for record in the office of the judge of probate unless the special recording fee of five dollars ($5) is paid. The special recording fee shall be in addition to all other fees, taxes, and charges required by law to be paid upon the filing for record of any real property instrument, personal property instrument, or Uniform Commercial Code document, and for the recording of other instruments and documents in the probate office at the discretion of the judge of probate. All special recording fees collected shall be paid to a special fund in the office of the judge of probate to be designated as the Judge of Probate Fund. These funds shall be used at the discretion of the judge of probate for an improved recording, archiving, and retrieving system and other equipment, maintenance, and services necessary for the improvement of the office of the judge of probate.
","history":"(Act 2003-202, p. 523, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42178,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41266,"codeId":33431,"versionId":27767,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.37","shortTitle":"Section 45-1-81.37","catchLine":"Recording Fee - Every Case.","title":"Section 45-1-81.37 Recording Fee - Every Case.","sectionRange":null,"content":"Effective September 1, 2003, a special recording fee of ten dollars ($10) shall be paid to and collected by the judge of probate with respect to every case filed in the Probate Court of Autauga County. This amount shall be in addition to all other costs and fees heretofore collected. The additional fee shall be paid into the special fund of the judge of probate created in Section 45-1-81.36.
","history":"(Act 2003-202, p. 523, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42179,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41267,"codeId":33432,"versionId":27768,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.38","shortTitle":"Section 45-1-81.38","catchLine":"Transaction Fee - Certain Transactions.","title":"Section 45-1-81.38 Transaction Fee - Certain Transactions.","sectionRange":null,"content":"Effective September 1, 2003, a special transaction fee of two dollars ($2) shall be paid to and collected by the judge of probate on any transaction, at the discretion of the judge of probate, occurring in, or under the jurisdiction of the judge of probate with the exception of drivers’ licenses and motor vehicle registration. This amount shall be in addition to all other costs and fees heretofore collected. Any, all, or none of the special transaction fees collected shall be paid into the special fund of the judge of probate created in Section 45-1-81.36.
","history":"(Act 2003-202, p. 523, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42180,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41268,"codeId":33433,"versionId":27769,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.39","shortTitle":"Section 45-1-81.39","catchLine":"Transaction Fee - Marriage.","title":"Section 45-1-81.39 Transaction Fee - Marriage.","sectionRange":null,"content":"Effective September 1, 2003, a special transaction fee of five dollars ($5) shall be paid to and collected by the judge of probate with respect to the celebration of the rites of marriage as performed by the judge of probate. This amount shall be in addition to all other costs and fees heretofore collected. The additional fee shall be paid into the special fund of the judge of probate as created in Section 45-1-81.36.
","history":"(Act 2003-202, p. 523, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42181,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41269,"codeId":33434,"versionId":27770,"parentId":32537,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-81.40","shortTitle":"Section 45-1-81.40","catchLine":"Control and Audit of Fees; Availability of Records.","title":"Section 45-1-81.40 Control and Audit of Fees; Availability of Records.","sectionRange":null,"content":"The fees collected pursuant to this subpart shall be controlled by the sole discretion of the judge of probate and shall be audited by the Examiners of Public Accounts. Records of these expenditures shall be open to the public on a continuous basis.
","history":"(Act 2003-202, p. 523, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42182,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41270,"codeId":33969,"versionId":null,"parentId":32532,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"3","shortTitle":"Part 3","catchLine":"District Attorney.","title":"Part 3 District Attorney.","sectionRange":"§45-1-82 to §45-1-82.30","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42183,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41271,"codeId":37824,"versionId":null,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"1","shortTitle":"Subpart 1","catchLine":"Pretrial Diversion Program.","title":"Subpart 1 Pretrial Diversion Program.","sectionRange":null,"content":null,"history":null,"numChildren":0,"isBranchNode":true,"isEmptyBranch":true,"isContentNode":false,"sortOrder":42184,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41272,"codeId":33970,"versionId":28260,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82","shortTitle":"Section 45-1-82","catchLine":"Definitions.","title":"Section 45-1-82 Definitions.","sectionRange":null,"content":"For the purposes of this subpart, the following terms shall have the following meanings:
(1) DISTRICT ATTORNEY. The District Attorney of the Nineteenth Judicial Circuit, or any of his or her staff.
(2) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose purpose is to protect people. This may include, but is not limited to, police personnel, sheriff personnel, coroner, Department of Human Resources personnel, parole and probation personnel, community corrections office personnel, and court referral office personnel, whether that agency or department is in the State of Alabama or located elsewhere.
(3) OFFENDER. Any person charged with a crime as defined by this code, which was allegedly committed in the jurisdiction of the Nineteenth Judicial Circuit.
(4) SERIOUS PHYSICAL INJURY. As that term is defined in subdivision (14) of Section 13A-1-2.
","history":"(Act 2006-89, p. 110, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42185,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41273,"codeId":33971,"versionId":28261,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.01","shortTitle":"Section 45-1-82.01","catchLine":"Establishment of Pretrial Diversion Program; Discretionary Powers; Supervision and Control.","title":"Section 45-1-82.01 Establishment of Pretrial Diversion Program; Discretionary Powers; Supervision and Control.","sectionRange":null,"content":"(a) The district attorney may establish a pretrial diversion program.
(b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the district attorney shall be retained.
(c) The pretrial diversion program shall be under the direct supervision and control of the district attorney and the district attorney may contract with any agency, person, or corporation for services related to this part. The district attorney may employ necessary persons to accomplish this subpart and these persons shall serve at the pleasure of the district attorney.
","history":"(Act 2006-89, p. 110, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42186,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41274,"codeId":33972,"versionId":28262,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.02","shortTitle":"Section 45-1-82.02","catchLine":"Applicants for Admittance.","title":"Section 45-1-82.02 Applicants for Admittance.","sectionRange":null,"content":"(a) A person charged with a criminal offense specified in this section whose jurisdiction is in the circuit or district court of the Nineteenth Judicial Circuit may apply to the district attorney for admittance to the pretrial diversion program.
(b) A person charged with any of the following offenses may apply for admission into the program:
(1) A traffic offense.
(2) A property offense.
(3) An offense wherein the victim did not receive serious physical injury.
(4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section.
(6) A violation classified under this code.
(c) The following offenses are ineligible for consideration for the pretrial diversion program:
(1) Trafficking in or distribution of drugs.
(2) Any offense involving the abuse of a child or an elderly person.
(3) Any sex offense.
(4) Any Class A felony.
(5) Any offense involving serious injury to a person.
(6) Any offense involving death of an individual.
(d) A person deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the pretrial diversion program.
","history":"(Act 2006-89, p. 110, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42187,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41275,"codeId":33973,"versionId":28263,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.03","shortTitle":"Section 45-1-82.03","catchLine":"Standards for Admission.","title":"Section 45-1-82.03 Standards for Admission.","sectionRange":null,"content":"(a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances:
(1) The offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic citation, at the time the alleged offense was committed.
(2) There is a probability justice will be served if the offender is placed in the diversion program.
(3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program.
(4) The offender appears to pose no threat to the safety and well-being of the community.
(5) It appears the offender is not likely to be involved in further criminal activity.
(6) The offender will likely respond to rehabilitative treatment.
(7) The offender has never been granted pretrial diversion or participated in any similar program in any court in any state.
(8) The offender has no prior misdemeanor or felony convictions.
(b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
","history":"(Act 2006-89, p. 110, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42188,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41276,"codeId":33974,"versionId":28264,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.04","shortTitle":"Section 45-1-82.04","catchLine":"Admission into Program.","title":"Section 45-1-82.04 Admission into Program.","sectionRange":null,"content":"(a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney’s evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological tests taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision as to whether or not the offender should be admitted to the pretrial diversion program.
(b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided for by this subpart.
","history":"(Act 2006-89, p. 110, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42189,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41277,"codeId":33975,"versionId":28265,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.05","shortTitle":"Section 45-1-82.05","catchLine":"Program Requirements; Records.","title":"Section 45-1-82.05 Program Requirements; Records.","sectionRange":null,"content":"(a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial.
(2) While in the program, the applicant shall agree, in writing, to the tolling of periods of limitations established by statutes or rules of court.
(3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the victim within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim.
(5) Voluntarily execute in writing a permission to search and seize illegal contraband or substances.
(b) The district attorney’s pretrial diversion program records, along with the records relating to pretrial diversion programs admission, are confidential records and shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors and offenders shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that the communications be submitted to the court for an in camera review.
","history":"(Act 2006-89, p. 110, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42190,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41278,"codeId":33976,"versionId":28266,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.06","shortTitle":"Section 45-1-82.06","catchLine":"Time for Application.","title":"Section 45-1-82.06 Time for Application.","sectionRange":null,"content":"(a) Except for traffic offenses, an offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses, application shall be made within 21 days of the issuance of the citation.
(b) For good cause established and at the discretion of the district attorney, the provision of subsection (a) may be waived by the district attorney.
","history":"(Act 2006-89, p. 110, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42191,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41279,"codeId":33977,"versionId":28267,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.07","shortTitle":"Section 45-1-82.07","catchLine":"Cost and Fees.","title":"Section 45-1-82.07 Cost and Fees.","sectionRange":null,"content":"(a) An applicant may be assessed a fee to be established by the district attorney when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver, or fee reduction shall be made by the district attorney. A schedule of payments for any of these fees may be established by the district attorney.
(b) Except as herein specifically allocated, the district attorney may use fees collected by the pretrial diversion program to fund the pretrial diversion program; for the prosecution of state criminal cases; to help support local and state law enforcement and coroners; for education programs which relate to the prosecution, detection, or prevention of crime; or to benefit any agency or department of state, city, or county government which assists local law enforcement. This support shall be provided to help employ more prosecutors, law enforcement officers, investigators, or staff, buy needed equipment or supplies, provide training opportunities, or for any other prosecutorial or law enforcement purposes.
(c) Except for court costs which are payable by the applicant directly to the clerk of court, fees required by this subpart shall be collected by the office of the district attorney. Those fees collected shall be deposited by the district attorney into the Pretrial Diversion Fund as described in Section 45-1-82.10. The district attorney shall timely make disbursement as provided in this subpart.
(d) The district attorney shall be allowed without further legislative action to raise fees to meet and equal those prescribed by the Alabama Legislature in the event a state pretrial diversion program is enacted after February 22, 2006.
","history":"(Act 2006-89, p. 110, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42192,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41280,"codeId":33978,"versionId":28268,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.08","shortTitle":"Section 45-1-82.08","catchLine":"Self-Improvement or Self-Help Programs; Drug Testing.","title":"Section 45-1-82.08 Self-Improvement or Self-Help Programs; Drug Testing.","sectionRange":null,"content":"The district attorney and the offender may enter into agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program on an inpatient or outpatient basis or receive other treatment alternatives deemed by the district attorney to be in the best interest of the offender and society. The district attorney may require the offender to submit to periodic or random drug or other testing as a part of the pretrial diversion program and require other terms and conditions related to substance abuse, domestic violence, or the offense charged as the district attorney may direct. The offender shall pay the costs of all services unless otherwise approved by the district attorney after considering the offender’s ability to pay.
","history":"(Act 2006-89, p. 110, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42193,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41281,"codeId":33979,"versionId":28269,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.09","shortTitle":"Section 45-1-82.09","catchLine":"Written Agreement; Other Terms and Conditions.","title":"Section 45-1-82.09 Written Agreement; Other Terms and Conditions.","sectionRange":null,"content":"(a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner or what charges the defendant will plead guilty to and the recommended sentence the offender is suggested to receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and to be subjected to receive a recommended specific sentence, this agreement concerning the offense and suggested or recommended sentence, or both, shall be submitted to and shall be subject to approval or disapproval by an appropriate circuit or district judge of this state prior to admission of the offender in the pretrial diversion program.
(b) As a condition of being admitted to the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting to include, but not be limited to, K-12, college, job training school, trade school, GED classes, or adult basic education courses.
(2) If appropriate, attempt to learn to read and write.
(3) Financially support his or her spouse, children, or both, or pay child support, spousal support, or both.
(4) Refrain from the use of alcohol and drugs and refrain from frequenting places where alcoholic beverages or illegal controlled substances are sold, possessed, or used in violation of law.
(5) Refrain from contact with certain persons or premises.
(6) Obtain and maintain employment.
(7) Attend and pay for individual, group, or family counseling.
(8) Pay victim restitution, if any is due.
(9) Pay court costs, fines, or both, incurred as a result of the offense charged and any other amounts the offender owes state, federal, or local government as a result of the criminal offenses.
(10) Pay supervision fees, application fees pursuant to this subpart, and pay court referral officer fees, drug, alcohol, violence, or other self-help fees charged as a result of participation in the pretrial diversion program.
(11) Enter into an agreement with the district attorney that all fees paid for admission into the pretrial diversion program shall be forfeited to the use and benefit of the pretrial diversion program should the offender be removed from the pretrial diversion program by the district attorney for any cause.
(12) Observe curfews or home detention or travel constraints as set out in the offender’s agreement.
(13) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support either withheld or garnished from the wages or salary of the offender.
(c) The offender shall be subject to other terms or conditions as the district attorney and the offender may agree to in their written agreement, it being the purpose of this subpart to allow the district attorney broad discretion in designing a program specifically for each offender and circumstances of the offender.
","history":"(Act 2006-89, p. 110, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42194,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41282,"codeId":33980,"versionId":28270,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.10","shortTitle":"Section 45-1-82.10","catchLine":"Pretrial Diversion Program Fund.","title":"Section 45-1-82.10 Pretrial Diversion Program Fund.","sectionRange":null,"content":"The district attorney shall establish a Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated with the administration of the pretrial diversion program and to pay those things earlier herein provided for or for other law enforcement or criminal prosecution purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, communication equipment, postage, office supplies and equipment, training and travel expenses, service contracts, and professional services. At the discretion of the district attorney, after considering an offender’s reduced or inability to pay, the district attorney may pay for services or programs for an offender out of pretrial diversion program funds while the offender is in the pretrial diversion program, if special circumstances and justice dictate. However, the district attorney may require the offender to repay these funds.
","history":"(Act 2006-89, p. 110, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42195,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41283,"codeId":33981,"versionId":28271,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.11","shortTitle":"Section 45-1-82.11","catchLine":"Violations; Waiver.","title":"Section 45-1-82.11 Violations; Waiver.","sectionRange":null,"content":"(a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the district attorney may terminate the participation of the offender in the pretrial diversion program and actively pursue prosecution of the offender for the crime or crimes charged. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. Upon removal from the program, the offender shall be deemed to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program.
","history":"(Act 2006-89, p. 110, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42196,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41284,"codeId":33982,"versionId":28272,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.12","shortTitle":"Section 45-1-82.12","catchLine":"Liability of District Attorney.","title":"Section 45-1-82.12 Liability of District Attorney.","sectionRange":null,"content":"The district attorney shall have no liability, criminal or civil, for the conduct of any offender participating in the pretrial diversion program.
","history":"(Act 2006-89, p. 110, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42197,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41285,"codeId":33983,"versionId":28273,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.13","shortTitle":"Section 45-1-82.13","catchLine":"Funding.","title":"Section 45-1-82.13 Funding.","sectionRange":null,"content":"The pretrial diversion program may apply for and accept grant funding applicable to the aims of the program and may receive funding or appropriations from city, county, state, or federal agencies or departments to be used in the maintenance or expansion of the pretrial diversion program.
","history":"(Act 2006-89, p. 110, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42198,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41286,"codeId":33984,"versionId":28274,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.14","shortTitle":"Section 45-1-82.14","catchLine":"Advisory Board.","title":"Section 45-1-82.14 Advisory Board.","sectionRange":null,"content":"The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates and conditions for participation in the program. The district attorney shall retain the final decision as to the admittance of individuals or administration of the program regardless of the board’s views. It shall be the district attorney’s decision who and how many persons will comprise the board and when or if it should meet.
","history":"(Act 2006-89, p. 110, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42199,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41287,"codeId":37825,"versionId":null,"parentId":33969,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"2","shortTitle":"Subpart 2","catchLine":"Employees.","title":"Subpart 2 Employees.","sectionRange":"§45-1-82.30","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42200,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41288,"codeId":37826,"versionId":30610,"parentId":37825,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-82.30","shortTitle":"Section 45-1-82.30","catchLine":"Investigators.","title":"Section 45-1-82.30 Investigators.","sectionRange":null,"content":"The District Attorney of the Nineteenth Judicial Circuit composed of Autauga, Chilton, and Elmore Counties may appoint a chief investigator and from time to time additional investigators. The investigators shall serve at the pleasure of the district attorney. The investigators shall meet the minimum standards for law enforcement officers and shall have the same power and authority as deputy sheriffs and other law enforcement officers in this state. The investigators shall be paid in the same manner as other employees in the district attorney’s office. The investigators shall be responsible to the district attorney and shall perform duties as assigned by the district attorney.
","history":"(Act 2009-328, p. 554, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42201,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41289,"codeId":38090,"versionId":null,"parentId":32532,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"4","shortTitle":"Part 4","catchLine":"Circuit Court.","title":"Part 4 Circuit Court.","sectionRange":"§45-1-83","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42202,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41290,"codeId":38091,"versionId":30809,"parentId":38090,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-83","shortTitle":"Section 45-1-83","catchLine":"Salary of Court Reporters.","title":"Section 45-1-83 Salary of Court Reporters.","sectionRange":null,"content":"In the Nineteenth Judicial Circuit, the official court reporters appointed and holding office under the provisions of law applicable thereto, in addition to any other salary provided by the state, shall each receive a total salary supplement in the amount of twelve thousand dollars ($12,000) per annum. This supplement shall be payable in monthly installments by each county out of that county’s general fund and shall be conditioned upon adequate funds being available in the county’s budget. Each county shall be responsible for paying one-third of the salary supplement due to each official court reporter.
","history":"(Act 2009-601, p. 1760, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42203,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41291,"codeId":32538,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"9","shortTitle":"Article 9","catchLine":"Economic and Industrial Development and Tourism.","title":"Article 9 Economic and Industrial Development and Tourism.","sectionRange":"§45-1-90","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42204,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41292,"codeId":33435,"versionId":27771,"parentId":32538,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-90","shortTitle":"Section 45-1-90","catchLine":"Reserved.","title":"Section 45-1-90 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42205,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41293,"codeId":32539,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"10","shortTitle":"Article 10","catchLine":"Education.","title":"Article 10 Education.","sectionRange":"§45-1-100 to §45-1-100.02","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42206,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41294,"codeId":33436,"versionId":27772,"parentId":32539,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-100","shortTitle":"Section 45-1-100","catchLine":"Board of Education - Meetings; Compensation.","title":"Section 45-1-100 Board of Education - Meetings; Compensation.","sectionRange":null,"content":"The Board of Education of Autauga County may, in its discretion, meet such number of days as its members may deem necessary for the orderly and efficient transaction of its business. The members of the board shall be compensated as provided by law for each day the board meets.
","history":"(Act 86-410, p. 599, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42207,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41295,"codeId":51365,"versionId":44023,"parentId":32539,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-100.01","shortTitle":"Section 45-1-100.01","catchLine":"Superintendent of Education.","title":"Section 45-1-100.01 Superintendent of Education.","sectionRange":null,"content":"(a) The Autauga County Board of Education shall appoint the Superintendent of Education of Autauga County pursuant to the general law of the state. The county superintendent of education shall possess all the qualifications prescribed for a county superintendent of education by the general law of the state, shall possess all the powers granted by the general law of the state, and shall perform and discharge all the duties of a county superintendent of education prescribed by the general law of the state. The Autauga County Superintendent of Education shall receive compensation in an amount set by the Autauga County Board of Education.
(b) Vacancies in the office of Superintendent of Education of Autauga County shall be filled for the unexpired term by appointment of the Autauga County Board of Education. The compensation of an interim appointee shall be set by the county board of education and the interim appointee shall serve at the pleasure of the county board of education.
(c) This section shall apply at the expiration of the term of office of the current county superintendent of education or upon any vacancy occurring in the office of the county superintendent of education after May 23, 2019.
","history":"(Act 2019-265, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42208,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41296,"codeId":59058,"versionId":51428,"parentId":32539,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-100.02","shortTitle":"Section 45-1-100.02","catchLine":"Insuring School Buildings and Property.","title":"Section 45-1-100.02 Insuring School Buildings and Property.","sectionRange":null,"content":"In accordance with Section 41-15-1, the Autauga County Board of Education may insure school buildings and property through the State Insurance Fund or with an insurance company, which in the opinion of the board, provides the best coverage for the school buildings and property.","history":"(Act 2024-166, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42209,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41297,"codeId":32540,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"11","shortTitle":"Article 11","catchLine":"Elections.","title":"Article 11 Elections.","sectionRange":"§45-1-110","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42210,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41298,"codeId":33437,"versionId":27773,"parentId":32540,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-110","shortTitle":"Section 45-1-110","catchLine":"Compensation of Poll Workers.","title":"Section 45-1-110 Compensation of Poll Workers.","sectionRange":null,"content":"In Autauga County, election officials who work at polling places shall receive an additional expense allowance in an amount as will, together with any amount paid by the state pursuant to Section 17-6-13, make the total amount paid to each inspector fifty dollars ($50) for each day the inspector works at the polls; and make the total amount paid to each clerk forty-four dollars ($44) for each day the clerk works at the polls. The additional expense allowance provided for in this section shall be paid from the county general fund.
","history":"(Act 93-378, p. 653, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42211,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41299,"codeId":32541,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"12","shortTitle":"Article 12","catchLine":"Employees.","title":"Article 12 Employees.","sectionRange":"§45-1-120","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42212,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41300,"codeId":33438,"versionId":27774,"parentId":32541,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-120","shortTitle":"Section 45-1-120","catchLine":"Reserved.","title":"Section 45-1-120 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42213,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41301,"codeId":32542,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"13","shortTitle":"Article 13","catchLine":"Engineer, County","title":"Article 13 Engineer, County","sectionRange":"§45-1-130","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42214,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41302,"codeId":33439,"versionId":27775,"parentId":32542,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-130","shortTitle":"Section 45-1-130","catchLine":"Duties of County Engineer.","title":"Section 45-1-130 Duties of County Engineer.","sectionRange":null,"content":"Effective April 23, 1992, all functions, duties, and responsibilities for the construction, maintenance, and repair of public roads, highways, bridges, and ferries in Autauga County shall vest in the county engineer, who shall, insofar as possible, construct and maintain such roads, highways, bridges, and ferries on the basis of the county as a whole or as a unit, without regard to district or beat lines.
","history":"(Act 92-229, p. 569, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42215,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41303,"codeId":32543,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"14","shortTitle":"Article 14","catchLine":"Fire Protection and Emergency Medical Services.","title":"Article 14 Fire Protection and Emergency Medical Services.","sectionRange":"§45-1-140","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42216,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41304,"codeId":33440,"versionId":27776,"parentId":32543,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-140","shortTitle":"Section 45-1-140","catchLine":"Reserved.","title":"Section 45-1-140 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42217,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41305,"codeId":32544,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"15","shortTitle":"Article 15","catchLine":"Gambling.","title":"Article 15 Gambling.","sectionRange":"§45-1-150","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42218,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41306,"codeId":33441,"versionId":27777,"parentId":32544,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-150","shortTitle":"Section 45-1-150","catchLine":"Reserved.","title":"Section 45-1-150 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42219,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41307,"codeId":32545,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"16","shortTitle":"Article 16","catchLine":"Government Finance and Operations.","title":"Article 16 Government Finance and Operations.","sectionRange":"§45-1-160","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42220,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41308,"codeId":33442,"versionId":27778,"parentId":32545,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-160","shortTitle":"Section 45-1-160","catchLine":"Reserved.","title":"Section 45-1-160 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42221,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41309,"codeId":32546,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"17","shortTitle":"Article 17","catchLine":"Health and Environment.","title":"Article 17 Health and Environment.","sectionRange":"§45-1-170","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42222,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41310,"codeId":33443,"versionId":27779,"parentId":32546,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-170","shortTitle":"Section 45-1-170","catchLine":"Collection and Disposition of Fees; Ability to Pay.","title":"Section 45-1-170 Collection and Disposition of Fees; Ability to Pay.","sectionRange":null,"content":"(a) The Autauga County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall set the fee to be charged for each service. Any fees to be charged under the authority of this section by the county health department shall be subject to approval by the county commission prior to implementation. The health department is hereby authorized to charge and collect such fees. All fees collected shall be in addition to any and all federal, state, and local appropriations. Any fees collected shall be processed in accordance with the recommendations of the state Examiners of Public Accounts.
(b) No person shall be denied any service because of that person’s inability to pay. The county board of health may establish a sliding fee scale based on one’s ability to pay.
(c) This section shall not apply to nor affect any fees otherwise authorized, set or collected under state or federal law or regulations.
(d) All fees collected pursuant to this section are hereby appropriated to the respective health department which collected such fees.
","history":"(Act 89-757, p. 1533, §§1-4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42223,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41311,"codeId":32547,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"18","shortTitle":"Article 18","catchLine":"Highways and Bridges.","title":"Article 18 Highways and Bridges.","sectionRange":"§45-1-180","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42224,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41312,"codeId":33444,"versionId":27780,"parentId":32547,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-180","shortTitle":"Section 45-1-180","catchLine":"Reserved.","title":"Section 45-1-180 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42225,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41313,"codeId":32548,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"19","shortTitle":"Article 19","catchLine":"Legislature","title":"Article 19 Legislature","sectionRange":"§45-1-190","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42226,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41314,"codeId":33445,"versionId":27781,"parentId":32548,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-190","shortTitle":"Section 45-1-190","catchLine":"Reserved.","title":"Section 45-1-190 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42227,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41315,"codeId":32549,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"20","shortTitle":"Article 20","catchLine":"Licenses and Licensing.","title":"Article 20 Licenses and Licensing.","sectionRange":"§45-1-200 to §45-1-200.01","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42228,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41316,"codeId":33446,"versionId":27782,"parentId":32549,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-200","shortTitle":"Section 45-1-200","catchLine":"License Requirements for Door-to-Door Sales.","title":"Section 45-1-200 License Requirements for Door-to-Door Sales.","sectionRange":null,"content":"(a) All persons engaged in the business of selling products door-to-door for profit in Autauga County shall have a state transient business license, governed by either Section 40-12-172 or Section 40-12-174, if applicable, and a county business license issued by the commissioner of licenses, and shall pay any license or privilege fee and any issuance fee required therefor.
(b) The person or business shall apply for application to the commissioner of licenses on forms provided by the commissioner. The application form shall require the applicant to fully describe the nature of the business and the type of products or services to be sold.
(c) Any person who is engaged in door-to-door sales shall provide to the commissioner his or her full name, date of birth, Social Security number or federal employer identification number, driver’s license or other government issued identification number, address, and the name and address of the business with which he or she is employed as a door-to-door salesperson. The information collected shall be submitted to the Autauga County Sheriff for a criminal background check and a check as to whether the person is required to register as a sex offender. The sheriff shall report to the commissioner of licenses his or her findings. No person convicted of a felony or required to register as a sex offender shall be eligible to be licensed. Any person denied a license to conduct door-to-door sales shall be entitled to a hearing before the commissioner of licenses.
(d) Those persons who become licensed to conduct door-to-door sales in Autauga County shall be required to wear an identification badge clearly visible to others while conducting business or visiting homes in the course of their business. The badge, at a minimum, shall display all of the following: The name of the person, the name of the business, a valid telephone number, and color photograph of the person. The identification badge shall be approved by the commissioner of licenses. The commissioner may adjust the requirements of the badge at his or her discretion.
(e) The salesperson shall keep a copy of licenses for each person in his or her vehicle during the hours of operation.
(f) Any vehicle used by a door-to-door salesperson shall display a sign on each side of the vehicle that is at least 24 inches by 30 inches, and be clearly visible and clean. The commissioner of licenses shall approve all vehicle signs.
(g) The salesperson may engage in door-to-door sales only during the hours between 8:00 a.m. and sunset.
(h) The commissioner of licenses shall make a recommendation to the Autauga County Commission as to the fee to be charged for the license and the county commission, by resolution, shall set the fee for the license.
(i) Nothing in this section shall limit or prevent the sale of items by students to benefit their schools or organizations, including, but not limited to, the Girl Scouts, Boy Scouts, or volunteer organizations such as volunteer fire departments.
Nothing in this section shall apply to a person or business who engages in door-to-door sales if the person or business or its affiliate has an existing or past business relationship with the prospective customer and the person or business is licensed to do business in Autauga County.
(j) A person who engages in the door-to-door sales or promotions of products or services in violation of this section may be assessed a civil penalty of fifty dollars ($50) for the first violation and one hundred dollars ($100) for each subsequent violation. Any law enforcement officer in the county may issue a citation for a violation of this section. The person charged with the violation may pay the civil fine or request, within 30 days of receipt of the citation, a due process hearing before the county commission or its hearing officer on the validity of the citation. An order of the county commission finding a violation and an assessment of a civil fine shall be final within 30 days thereof unless appealed to the Circuit Court in Autauga County based on the administrative record of the hearing. Any fine due and owing shall be considered a debt owed to the Autauga County Commission and shall be enforceable by civil action in the same manner as any other debt. The person owing the fine shall be liable for all costs, including court costs and attorney fees, and all other expenses of litigation if action is taken to collect the fine owed.
","history":"(Act 2016-266, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42229,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41317,"codeId":48487,"versionId":40559,"parentId":32549,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-200.01","shortTitle":"Section 45-1-200.01","catchLine":"Definitions; Purpose; Fees Authorized.","title":"Section 45-1-200.01 Definitions; Purpose; Fees Authorized.","sectionRange":null,"content":"(a) As used in this section, the following words and terms shall have the following meanings:
(1) BUSINESS. Includes all activities engaged in, or caused to be engaged in, by any person with the object of gain, profit, benefit, or advantage, either direct or indirect to such person.
(2) COUNTY. Autauga County, Alabama.
(3) GOVERNING BODY. The governing body of Autauga County, Alabama, whether it be a county commission, board of revenue, or other governing body.
(4) LICENSE OR PRIVILEGE FEE. Does not include any sales or use tax.
(5) PERSON. Includes any natural person, partnership, corporation, firm, association, trust, estate, or other entity.
(b) The purposes of this section are to equalize the burden of taxation by authorizing the county to impose a license or privilege fee upon persons now engaging in certain businesses without paying any license fee or tax thereon to the county. By imposing an additional license or privilege fee upon persons now engaging in or who may hereafter engage in certain businesses to pay license or privilege fees to the county to generate additional revenue for the county.
(c) The governing body of the county is hereby authorized to levy an annual license or privilege fee upon any person for engaging in any business in the county. The license or privilege fee hereby authorized shall be in addition to any other license or privilege fee which is currently authorized or may hereafter be authorized.
(d) The fee hereby levied shall be paid annually on October 1 for the succeeding year to that officer or employee of the county chargeable with the duty of collecting license or privilege fees and shall be deposited in the county general fund for the use of the county.
(e) The license or privilege fee levied by the governing body of the county on any person for engaging in any business, including the business of selling products door-to-door pursuant to this section and Section 45-1-200, shall be at a rate of from ten dollars ($10) to one hundred dollars ($100) for each business conducted in the county. The governing body of the county is expressly authorized to set the rate of the license or privilege fee within the limits herein provided for each type or category of business in the county. The rates of the license or privilege fee for each type or category of business shall be uniform throughout the county and shall be set forth in a schedule promulgated by the governing body of the county in which the rate for each type or category of business is dependent on the type, size, gross receipts, or number of employees, or both, of the business, or such other reasonable criteria as the governing body of the county shall determine.
(f) The governing body of the county is hereby expressly authorized to prescribe all necessary or appropriate rules for the implementation and enforcement of this section, including all rules as may be necessary by reason of any alteration of law in relation to this section.
(g) Nothing in this section shall be construed to authorize or require a license or privilege fee for practicing the religious tenets of any church.
(h) Any person found by the commissioner of licenses to be engaging in business without having paid the license fee required by this section shall pay a citation fee of seven dollars ($7) in addition to the regular license fee. The citation fee shall be deposited into the county treasury for the county general fund.
(i) The licenses required in this section shall be obtained before engaging in door-to-door sales.
","history":"(Act 2016-266, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42230,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41318,"codeId":32550,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"21","shortTitle":"Article 21","catchLine":"Motor Vehicles and Transportation.","title":"Article 21 Motor Vehicles and Transportation.","sectionRange":"§45-1-210","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42231,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41319,"codeId":33447,"versionId":27783,"parentId":32550,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-210","shortTitle":"Section 45-1-210","catchLine":"Motor Vehicle Licenses Voided Upon Non-collectibility of Payment.","title":"Section 45-1-210 Motor Vehicle Licenses Voided Upon Non-collectibility of Payment.","sectionRange":null,"content":"In Autauga County, when a personal check given for a motor vehicle license is found to be noncollectible for any reason, the judge of probate shall notify the license inspector who shall make a reasonable attempt to retrieve the motor vehicle license in question. In the event the motor vehicle license cannot be retrieved, the license inspector shall so state and the statement shall constitute authorization for the judge of probate to void the motor vehicle license. Upon voiding the motor vehicle license, the judge of probate shall receive credit for the cost of the motor vehicle license, sales and use tax, ad valorem tax, issuance fee, interest, and penalty for which payment was made on the non-collectible check. The appropriate state official shall mark the records pertaining to the void license accordingly and, upon inquiry by any law enforcement agency, shall notify the agency that the license in question is a void license. All violations shall be prosecuted in accordance with current law.
","history":"(Act 98-98, p. 115, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42232,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41320,"codeId":32551,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"22","shortTitle":"Article 22","catchLine":"Parks, Historic Preservation, Museums, and Recreation.","title":"Article 22 Parks, Historic Preservation, Museums, and Recreation.","sectionRange":"§45-1-220","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42233,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41321,"codeId":33448,"versionId":27784,"parentId":32551,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-220","shortTitle":"Section 45-1-220","catchLine":"Reserved.","title":"Section 45-1-220 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42234,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41322,"codeId":32552,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"23","shortTitle":"Article 23","catchLine":"Sheriff.","title":"Article 23 Sheriff.","sectionRange":"§45-1-230 to §45-1-237","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42235,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41323,"codeId":32553,"versionId":null,"parentId":32552,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"1","shortTitle":"Part 1","catchLine":"Compensation.","title":"Part 1 Compensation.","sectionRange":"§45-1-230 to §45-1-230.01","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42236,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41324,"codeId":33449,"versionId":27785,"parentId":32553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-230","shortTitle":"Section 45-1-230","catchLine":"Expense Allowance; Compensation.","title":"Section 45-1-230 Expense Allowance; Compensation.","sectionRange":null,"content":"(a) The Sheriff of Autauga County shall receive an additional expense allowance of thirteen thousand dollars ($13,000) per annum, payable in equal monthly installments. The expense allowance shall be in addition to all other compensation, expense allowances, or benefits granted to the sheriff.
(b) Beginning with the next term of office, the expense allowance paid to the sheriff as provided in subsection (a) shall be null and void. In lieu thereof the sheriff shall receive an additional compensation of thirteen thousand dollars ($13,000) per annum. The compensation shall be in addition to all other compensation, expense allowances, or benefits received.
","history":"(Act 95-204, p. 325, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42237,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41325,"codeId":48361,"versionId":40457,"parentId":32553,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-230.01","shortTitle":"Section 45-1-230.01","catchLine":"Additional Expense Allowance; Salary Increases.","title":"Section 45-1-230.01 Additional Expense Allowance; Salary Increases.","sectionRange":null,"content":"(a) The Sheriff of Autauga County shall receive an annual expense allowance of twelve thousand dollars ($12,000), payable in equal biweekly installments from the general fund of the county. This expense allowance shall be in addition to all other compensation or benefits granted to the sheriff and may be treated as compensation for retirement purposes.
(b) Effective beginning the next term of office, the annual salary of the Sheriff of Autauga County shall be increased by twelve thousand dollars ($12,000) and the expense allowance provided for in subsection (a) shall be null and void.
(c) In addition, notwithstanding any other provision of law, the sheriff shall continue to receive any uniform cost-of-living or other salary increases granted by the county commission to other elected officials in the county.
","history":"(Act 2016-73, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42238,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41326,"codeId":32554,"versionId":null,"parentId":32552,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"2","shortTitle":"Part 2","catchLine":"Pistol Permit.","title":"Part 2 Pistol Permit.","sectionRange":"§45-1-231","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42239,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41327,"codeId":33450,"versionId":28275,"parentId":32554,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-231","shortTitle":"Section 45-1-231","catchLine":"Collection and Disposition of Pistol Permit Fee.","title":"Section 45-1-231 Collection and Disposition of Pistol Permit Fee.","sectionRange":null,"content":"In Autauga County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75, shall be twenty dollars ($20), which shall be collected by the sheriff and deposited in any bank located in Autauga County into a fund designated the Sheriff’s Fund. The fund shall be drawn upon by the sheriff and used exclusively for purposes of law enforcement in the discharge of the sheriff’s office as the sheriff sees fit.
","history":"(Act 1967, 1st Sp. Sess., No. 61, p. 96, §1; Acts 1969, No. 871, p. 1580, §1; Act 81-922, 1st Sp. Sess., p. 72, §1; Act 93-557, p. 916, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42240,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41328,"codeId":32555,"versionId":null,"parentId":32552,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"3","shortTitle":"Part 3","catchLine":"Prisons.","title":"Part 3 Prisons.","sectionRange":"§45-1-232 to §45-1-232.31","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42241,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41329,"codeId":40991,"versionId":null,"parentId":32555,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"1","shortTitle":"Subpart 1","catchLine":"Prisons.","title":"Subpart 1 Prisons.","sectionRange":null,"content":null,"history":null,"numChildren":0,"isBranchNode":true,"isEmptyBranch":true,"isContentNode":false,"sortOrder":42242,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41330,"codeId":33451,"versionId":27786,"parentId":32555,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232","shortTitle":"Section 45-1-232","catchLine":"Operation of Jail Store; Inmate Telephone Service; Sheriff’s Jail Fund.","title":"Section 45-1-232 Operation of Jail Store; Inmate Telephone Service; Sheriff’s Jail Fund.","sectionRange":null,"content":"(a) The Sheriff of Autauga County is hereby authorized to operate a jail store and contract telephone installation for inmates within the confines of the county jail. The jail store and inmate telephones shall be operated to serve the needs of the county jail population.
(b) Any and all monies collected under subsection (a) shall be deposited by the Sheriff of Autauga County or his or her appointed agent in any bank located in Autauga County selected by the sheriff into a fund known as the Sheriff’s Jail Fund.
(c) The Sheriff’s Jail Fund as provided in subsection (b) shall be drawn upon by the Sheriff of Autauga County or his or her appointed agent and shall be used exclusively for law enforcement purposes in the public’s interest in the discharge of the sheriff’s office as the sheriff sees fit.
(d) Any and all monies collected as outlined in subsection (a) prior to May 21, 1996, shall be transferred into the Sheriff’s Jail Fund created by this section.
(e) The establishment of the Sheriff’s Jail Fund as provided in this section and the use of such funds shall in no way diminish or take the place of any other source of income established for the sheriff or the operation of his or her office.
(f) The state Examiners of Public Accounts is hereby authorized to audit said monies annually and submit a copy of said audit to the sheriff within 30 days of its completion.
","history":"(Act 96-601, p. 945, §§1-6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42243,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41331,"codeId":40992,"versionId":null,"parentId":32555,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"2","shortTitle":"Subpart 2","catchLine":"Work Release.","title":"Subpart 2 Work Release.","sectionRange":"§45-1-232.20 to §45-1-232.31","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42244,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41332,"codeId":40993,"versionId":33146,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.20","shortTitle":"Section 45-1-232.20","catchLine":"Applicability.","title":"Section 45-1-232.20 Applicability.","sectionRange":null,"content":"This subpart shall apply only to Autauga County.
","history":"(Act 2010-681, p. 1651, §1; Act 2010-744, p. 1882, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42245,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41333,"codeId":40994,"versionId":33147,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.21","shortTitle":"Section 45-1-232.21","catchLine":"Definitions.","title":"Section 45-1-232.21 Definitions.","sectionRange":null,"content":"For purposes of this subpart, the following terms shall have the following meanings:
(1) BOARD. The Autauga County Work Release Board, which shall be composed of the following members: The circuit clerk of the county, the chief jailer of the county, and the sheriff of the county.
(2) FUND. The Autauga County Work Release Fund.
(3) INMATE. Anyone housed in the Autauga County Metro Jail, regardless of reason for the housing.
(4) PROGRAM. The Autauga County Work Release Program.
","history":"(Act 2010-681, p. 1651, §2; Act 2010-744, p. 1882, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42246,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41334,"codeId":40995,"versionId":33148,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.22","shortTitle":"Section 45-1-232.22","catchLine":"Autauga County Work Release Board.","title":"Section 45-1-232.22 Autauga County Work Release Board.","sectionRange":null,"content":"The Autauga County Work Release Board is established to develop, promulgate, and adopt rules for the operation and maintenance of the Autauga County Work Release Program established by this subpart. The rules shall include, but are not limited to, the eligibility requirements of inmates who may be considered for the program.
","history":"(Act 2010-681, p. 1651, §3; Act 2010-744, p. 1882, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42247,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41335,"codeId":40996,"versionId":33149,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.23","shortTitle":"Section 45-1-232.23","catchLine":"Release of Inmates for Employment.","title":"Section 45-1-232.23 Release of Inmates for Employment.","sectionRange":null,"content":"Any inmate qualified and eligible to participate in the program may be released from housing at the Autauga County Metro Jail during the hours of his or her employment, including sufficient time to travel to and from the employment.
","history":"(Act 2010-681, p. 1651, §4; Act 2010-744, p. 1882, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42248,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41336,"codeId":40997,"versionId":33150,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.24","shortTitle":"Section 45-1-232.24","catchLine":"Autauga County Work Release Fund; Disposition of Wages.","title":"Section 45-1-232.24 Autauga County Work Release Fund; Disposition of Wages.","sectionRange":null,"content":"(a) The sheriff may establish the Autauga County Work Release Fund at a bank selected by the sheriff located in Autauga County, Alabama. The employer of an inmate involved in work release shall pay the wages of the inmate directly to the board. All wages received by the board under this subpart shall be deposited by the board into the fund. The fund shall be administered by the board, or by the sheriff as designee of the board, in accordance with the rules established by the board.
(b) The board shall adopt rules concerning the disbursement of any wages of the inmate involved in the program.
(c) The board may apply from the wages of the inmate received by the board up to 40 percent of the gross wages of the inmate for the payment of costs incident to the confinement of the inmate, as well as for any law enforcement purposes deemed appropriate by the board.
(d) The board may adopt policies to allow the monies to be spent exclusively for the betterment of law enforcement in the interest of the public as the sheriff sees fit in addition to for operation of the jail.
(e) After application of the wages of the inmate as provided by this subpart, the remainder shall be applied by the board to the payment of court-ordered child support.
(f) After deduction from the gross pay of the inmate as provided by this subpart, the remainder of the wages of the inmate shall be credited to the account of the inmate in the Autauga County Work Release Fund and, upon his or her release from confinement, shall be turned over to the inmate.
(g) The board may turn over the remainder of the wages of the inmate to the family of the inmate for its support while the inmate is confined, provided the inmate gives written consent prior to his or her release into the program.
","history":"(Act 2010-681, p. 1651, §5; Act 2010-744, p. 1882, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42249,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41337,"codeId":40998,"versionId":33151,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.25","shortTitle":"Section 45-1-232.25","catchLine":"Escape from Custody.","title":"Section 45-1-232.25 Escape from Custody.","sectionRange":null,"content":"The willful failure of an inmate to remain within the extended limits of his or her confinement or to return within the time prescribed by the sheriff to the county jail shall be deemed as an escape from the custody of the sheriff and shall be punishable as provided by law for escaped prisoners.
","history":"(Act 2010-681, p. 1651, §6; Act 2010-744, p. 1882, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42250,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41338,"codeId":40999,"versionId":33152,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.26","shortTitle":"Section 45-1-232.26","catchLine":"Investigations and Recommendations.","title":"Section 45-1-232.26 Investigations and Recommendations.","sectionRange":null,"content":"Employees of the board, or its designees, may make investigations and recommendations pertaining to the validity of requests for job opportunities for inmates and to otherwise assist the sheriff in the implementation of the program.
","history":"(Act 2010-681, p. 1651, §7; Act 2010-744, p. 1882, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42251,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41339,"codeId":41000,"versionId":33153,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.27","shortTitle":"Section 45-1-232.27","catchLine":"Employment Criteria.","title":"Section 45-1-232.27 Employment Criteria.","sectionRange":null,"content":"The board, or its designee, shall endeavor to secure employment for eligible inmates under this subpart, subject to all of the following:
(1) Employment must be at a wage at least as high as the prevailing wage for similar work in the area or community where the work is performed in accordance with the prevailing working conditions in the area.
(2) Employment shall not result in displacement of employed workers.
(3) Inmates eligible for work release shall not be employed as strike-breakers or in impairing any existing contracts.
(4) Exploitation of eligible inmates in any form is prohibited.
","history":"(Act 2010-681, p. 1651, §8; Act 2010-744, p. 1882, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42252,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41340,"codeId":41001,"versionId":33154,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.28","shortTitle":"Section 45-1-232.28","catchLine":"Employment Status of Inmate.","title":"Section 45-1-232.28 Employment Status of Inmate.","sectionRange":null,"content":"No inmate granted privileges under this subpart shall be deemed to be an agent, employee, or involuntary servant of the board, state, county, or municipality while involved in the free community or while going to and from employment, or other specified areas, or while on furlough.
","history":"(Act 2010-681, p. 1651, §9; Act 2010-744, p. 1882, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42253,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41341,"codeId":41002,"versionId":33155,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.29","shortTitle":"Section 45-1-232.29","catchLine":"Liability for Negligence.","title":"Section 45-1-232.29 Liability for Negligence.","sectionRange":null,"content":"Autauga County, its commission, sheriff, and board members or their designated agents shall be immune from any claims of negligence that may be made against them by any inmate or employer participating in the program and shall additionally be immune from any claims of negligence made by any third party.
","history":"(Act 2010-681, p. 1651, §10; Act 2010-744, p. 1882, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42254,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41342,"codeId":41003,"versionId":33156,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.30","shortTitle":"Section 45-1-232.30","catchLine":"Audit of Fund.","title":"Section 45-1-232.30 Audit of Fund.","sectionRange":null,"content":"The sheriff shall keep an account of all fund transactions for audit by the Department of Examiners of Public Accounts. The fund shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.
","history":"(Act 2010-681, p. 1651, §11; Act 2010-744, p. 1882, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42255,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41343,"codeId":41004,"versionId":33157,"parentId":40992,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-232.31","shortTitle":"Section 45-1-232.31","catchLine":"Ratification of Prior Actions.","title":"Section 45-1-232.31 Ratification of Prior Actions.","sectionRange":null,"content":"Any actions relating to the operation of the program prior to April 29, 2010, are ratified and confirmed. Any existing proceeds derived from the operation of the program prior to April 29, 2010, shall be deposited into the fund created by this subpart.
","history":"(Act 2010-681, p. 1651, §12; Act 2010-744, p. 1882, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42256,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41344,"codeId":32556,"versionId":null,"parentId":32552,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"4","shortTitle":"Part 4","catchLine":"Police Jurisdiction.","title":"Part 4 Police Jurisdiction.","sectionRange":"§45-1-233","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42257,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41345,"codeId":33452,"versionId":27787,"parentId":32556,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-233","shortTitle":"Section 45-1-233","catchLine":"Police Jurisdiction Within Autauga County.","title":"Section 45-1-233 Police Jurisdiction Within Autauga County.","sectionRange":null,"content":"No municipality whose corporate limits do not lie within or extend into and embrace and include a portion of Autauga County shall have or exercise police jurisdiction within Autauga County; nor shall the municipality exercise police jurisdiction, police powers or taxing powers within Autauga County or over or on any person in Autauga County or property or business or trade or profession in Autauga County; nor shall the municipality levy, fix, or collect any license or fee of any kind in Autauga County; nor shall any ordinance of the municipality enforcing police or sanitation regulations or prescribing fines or penalties for violation thereof have force or effect in Autauga County.
","history":"(Act 98-302, p. 496, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42258,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41346,"codeId":32557,"versionId":null,"parentId":32552,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"5","shortTitle":"Part 5","catchLine":"Retirement.","title":"Part 5 Retirement.","sectionRange":"§45-1-234","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42259,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41347,"codeId":33453,"versionId":27788,"parentId":32557,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-234","shortTitle":"Section 45-1-234","catchLine":"Receipt of Badge, Pistol, Etc., Upon Retirement.","title":"Section 45-1-234 Receipt of Badge, Pistol, Etc., Upon Retirement.","sectionRange":null,"content":"(a) Any individual employed by the Autauga County Sheriff’s office as a law enforcement officer for a period of 10 years or more who retires from the department in good standing may receive from the sheriff, without cost, a retired badge, a retired commission card, and a pistol, provided the pistol is furnished by the department.
(b) The provisions of this section are retroactive to January 15, 1991.
","history":"(Act 2000-416, p. 774, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42260,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41348,"codeId":45309,"versionId":null,"parentId":32552,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"6","shortTitle":"Part 6","catchLine":"Sale of Abandoned, Stolen and Unclaimed Property.","title":"Part 6 Sale of Abandoned, Stolen and Unclaimed Property.","sectionRange":"§45-1-235 to §45-1-235.06","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42261,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41349,"codeId":45310,"versionId":37479,"parentId":45309,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-235","shortTitle":"Section 45-1-235","catchLine":"Records of Abandoned and Stolen Property; Storage.","title":"Section 45-1-235 Records of Abandoned and Stolen Property; Storage.","sectionRange":null,"content":"(a) The Sheriff of Autauga County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff’s office. These records shall state the description of the property, the date of recovery of the property, the serial or other identifying number of the property, and the place of recovery of the property. The records shall be open to public inspection at all reasonable times.
(b) All abandoned or stolen property recovered by the sheriff’s office shall be stored in a suitable place to protect the property from deterioration.
","history":"(Act 2014-241, p. 769, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42262,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41350,"codeId":45311,"versionId":37480,"parentId":45309,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-235.01","shortTitle":"Section 45-1-235.01","catchLine":"Sale of Perishable Property.","title":"Section 45-1-235.01 Sale of Perishable Property.","sectionRange":null,"content":"If the abandoned or stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are not successful, the property may be sold at once without notice. The sheriff shall attempt to obtain the best possible price for the property. The proceeds of such a sale shall be held in a separate account for a period of six months for the owner. During this period, the proceeds will be paid to the owner upon demand, less any cost of recovery, storage, maintenance, and sale. If the proceeds are not claimed within six months, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of the property, the net funds shall be paid to the Office of the Sheriff of Autauga County.
","history":"(Act 2014-241, p. 769, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42263,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41351,"codeId":45312,"versionId":37481,"parentId":45309,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-235.02","shortTitle":"Section 45-1-235.02","catchLine":"Records of Abandoned and Stolen Firearms; Sale or Destruction.","title":"Section 45-1-235.02 Records of Abandoned and Stolen Firearms; Sale or Destruction.","sectionRange":null,"content":"(a) The sheriff shall keep and maintain a separate permanent record of all abandoned or stolen firearms, not subject to disposition by general law. The records shall state the description of the firearm, the date of recovery of the firearm, the serial or other identifying number, if any, of the firearm, and the place and recovery of the firearm. Firearm as used in this part shall have the same meaning as defined in Section 13A-8-1.
(b) Unless otherwise provided by law, the sheriff may sell or destroy these firearms if the owner of the firearm does not claim the firearm within six months of the date the sheriff obtained it.
(c) The sheriff may sell the firearms only to gun dealers who have a current federal firearms license on the date of sale. A firearm shall be sold to the gun dealer submitting the highest sealed bid. All sales shall be on a cash basis. The proceeds of the sale, after deducting and paying all expenses incurred in the recovery, maintenance, and sale of the firearms shall be paid to the Office of the Sheriff of Autauga County.
(d) The sheriff may establish a procedure to destroy firearms and may expend necessary sheriff’s office funds for that purpose.
","history":"(Act 2014-241, p. 769, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42264,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41352,"codeId":45313,"versionId":37482,"parentId":45309,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-235.03","shortTitle":"Section 45-1-235.03","catchLine":"Notice and Sale of Stolen or Abandoned Property.","title":"Section 45-1-235.03 Notice and Sale of Stolen or Abandoned Property.","sectionRange":null,"content":"(a) At least every six months, the sheriff may sell at public auction or Internet auction provider, such as “GOVDeals.com,” to the highest bidder for cash all abandoned or stolen personal property, other than firearms, which has been recovered by the sheriff and has remained unclaimed by the rightful owner during the preceding six-month period.
(b) Prior to the sale, notice shall be given by publication in a newspaper of general circulation in Autauga County once a week for two successive weeks or by posting notice in a conspicuous place at the Autauga County Courthouse for a period of no less than 20 days. The notice shall contain the place, date, and time of each auction and a description of each item of personal property to be sold at the auction. If publication of notice is made in the newspaper, the first notice shall run not less than 20 days prior to the auction.
","history":"(Act 2014-241, p. 769, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42265,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41353,"codeId":45314,"versionId":37483,"parentId":45309,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-235.04","shortTitle":"Section 45-1-235.04","catchLine":"Claim of Property.","title":"Section 45-1-235.04 Claim of Property.","sectionRange":null,"content":"The owner of any abandoned or stolen personal property recovered by the Autauga County Sheriff’s Office, including firearms, may claim the property at any time prior to its sale by submitting sufficient proof of ownership as determined by the sheriff and by paying any reasonable expenses incurred in the recovery of the property, its maintenance, storage, and a pro rata share of the costs, if any, of publication of notice of the sale of the property.
","history":"(Act 2014-241, p. 769, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42266,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41354,"codeId":45315,"versionId":37484,"parentId":45309,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-235.05","shortTitle":"Section 45-1-235.05","catchLine":"Record of Sale; Rejection of Bid.","title":"Section 45-1-235.05 Record of Sale; Rejection of Bid.","sectionRange":null,"content":"If property is sold at public auction, as provided in this part, a notation in the storage record book shall be made of the sale and of the amount received for the property. The person making the sale may reject any and all bids if the amount bid is unreasonably low and may continue the sale, from time to time, if no bidders are present.
","history":"(Act 2014-241, p. 769, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42267,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41355,"codeId":45316,"versionId":37485,"parentId":45309,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-235.06","shortTitle":"Section 45-1-235.06","catchLine":"Disposition of Sale Proceeds.","title":"Section 45-1-235.06 Disposition of Sale Proceeds.","sectionRange":null,"content":"The proceeds from the sale of property at an auction conducted under the authority of this part, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property, shall be collected by the sheriff and deposited into any bank located in Autauga County to a fund designated as the Sheriff’s Fund. The fund shall be drawn upon by the sheriff and used exclusively for purposes of law enforcement in the discharge of the sheriff’s office as the sheriff sees fit.
","history":"(Act 2014-241, p. 769, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42268,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41356,"codeId":48357,"versionId":null,"parentId":32552,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"7","shortTitle":"Part 7","catchLine":"Funding.","title":"Part 7 Funding.","sectionRange":"§45-1-236 to §45-1-236.01","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42269,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41357,"codeId":48358,"versionId":40455,"parentId":48357,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-236","shortTitle":"Section 45-1-236","catchLine":"Purchasing Procedures Using Credit or Debit Card.","title":"Section 45-1-236 Purchasing Procedures Using Credit or Debit Card.","sectionRange":null,"content":"(a) For purposes of this section, the following words have the following meanings:
(1) CREDIT CARD. A line of credit issued by a domestic lender or credit card bank.
(2) DEBIT CARD. A card issued by a bank in relation to a checking or savings account held by the Autauga County Sheriff’s Office.
(b) To provide for convenience in making purchases of tangible personal property or services approved by the sheriff, the Sheriff of Autauga County may establish procedures to make certain purchases through use of a credit or debit card issued to the Autauga County Sheriff’s Office. The sheriff may promulgate written policy and procedures governing the utilization of credit or debit cards which, at a minimum, shall include each of the following:
(1) A monetary limit on the amount of any individual purchase which may be made with a credit or debit card.
(2) A monetary limit on the total monthly amount that may be purchased with a credit or debit card taking into consideration the monetary limit of the discretionary fund used.
(3) Procedures to ensure that the sheriff has sole access to any credit or debit card, credit or debit card numbers, access codes, or security codes.
(4) Procedures to keep accurate records of all purchases made with a credit or debit card which shall be periodically reviewed during required audits.
(5) Procedures to ensure that all credit or debit card bills are carefully reviewed by the sheriff each month to make sure that no unauthorized charges appear on the bill.
(6) Procedures to ensure that all credit or debit card bills are paid in full on a timely basis each month to avoid service charges, late fees, or interest payments.
(c) The sheriff shall select the credit or debit card provider or providers taking into consideration each of the following:
(1) Whether the credit or debit card issuer requires an annual fee for utilizing the card.
(2) Whether the credit or debit card issuer offers rewards or rebates based upon purchases made utilizing the account.
(3) What interest rates, service charges, finance charges, or late fees will be assessed in the event a bill from the credit or debit card issuer is paid late or the balance is not paid in full.
(4) Whether penalties or fees will be assessed against the sheriff in the event he or she decides to terminate the credit or debit card.
(5) Any other consideration deemed relevant by the sheriff.
(d) In the event the credit or debit card provides rewards or rebates based upon the use of the card, any rewards or rebates earned from the card or cards shall be deposited in the Sheriff’s Discretionary Fund of Autauga County.
","history":"(Act 2016-72, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42270,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41358,"codeId":58740,"versionId":50705,"parentId":48357,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-236.01","shortTitle":"Section 45-1-236.01","catchLine":"Fundraising.","title":"Section 45-1-236.01 Fundraising.","sectionRange":null,"content":"(a) In Autauga County, the sheriff may conduct fundraising events including, but not limited to, rodeos and may use the proceeds and profits from the events for any lawful purpose relating to the operation of the office of sheriff.
(b) This section is remedial and curative and any actions taken by the sheriff in conformance with subsection (a) are ratified and confirmed.
","history":"(Act 2023-553, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42271,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41359,"codeId":48359,"versionId":null,"parentId":32552,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"8","shortTitle":"Part 8","catchLine":"Qualifications.","title":"Part 8 Qualifications.","sectionRange":"§45-1-237","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42272,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41360,"codeId":48360,"versionId":40456,"parentId":48359,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-237","shortTitle":"Section 45-1-237","catchLine":"Minimum Qualifications for Sheriff; Continuing Education.","title":"Section 45-1-237 Minimum Qualifications for Sheriff; Continuing Education.","sectionRange":null,"content":"(a) After March 7, 2016, any person qualifying for election to the office of Sheriff of Autauga County or any person appointed to serve as sheriff, in addition to any other qualifications required by law, shall meet all of the following minimum qualifications:
(1) The person is a citizen of the United States.
(2) The person has been a resident of the county for at least one year immediately prior to the qualification date.
(3) The person has the qualifications of an elector pursuant to state and federal law and the person has been registered to vote in the county at least one year immediately prior to qualifying.
(4) The person has been awarded a high school diploma or a GED equivalence.
(5) The person is 25 years of age or older prior to qualifying.
(6) The person has three or more years of prior service as a law enforcement officer with the power to arrest.
(7) The person has never been convicted of a felony.
(b) Upon election, the Sheriff of Autauga County shall attend annually a minimum of 12 hours of executive level continuing education approved by the Alabama Sheriff’s Association or the National Sheriff’s Association. Certification of annual continuing education shall be filed with the judge of probate of the county by December 31.
","history":"(Act 2016-73, §§2, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42273,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41361,"codeId":32558,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"24","shortTitle":"Article 24","catchLine":"Taxation.","title":"Article 24 Taxation.","sectionRange":"§45-1-240 to §45-1-245.06","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42274,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41362,"codeId":32559,"versionId":null,"parentId":32558,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"1","shortTitle":"Part 1","catchLine":"Board of Equalization.","title":"Part 1 Board of Equalization.","sectionRange":"§45-1-240","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42275,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41363,"codeId":33454,"versionId":27789,"parentId":32559,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-240","shortTitle":"Section 45-1-240","catchLine":"Expense Allowance.","title":"Section 45-1-240 Expense Allowance.","sectionRange":null,"content":"The chairman and members of the County Board of Equalization of Autauga County shall each be entitled up to twenty-five dollars ($25) a day for expenses for each day the board is in session as provided by law, the exact amount to be established by the county commission. The expense allowances herein provided for shall be payable from the general fund of Autauga County upon presentation of claims therefor.
","history":"(Acts 1966, 1st Sp. Sess., No. 333, p. 476, §1; Act 81-525, p. 889, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42276,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41364,"codeId":32560,"versionId":null,"parentId":32558,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"2","shortTitle":"Part 2","catchLine":"Revenue Commissioner.","title":"Part 2 Revenue Commissioner.","sectionRange":"§45-1-241 to §45-1-241.09","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42277,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41365,"codeId":33455,"versionId":27790,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241","shortTitle":"Section 45-1-241","catchLine":"Election of Commissioner.","title":"Section 45-1-241 Election of Commissioner.","sectionRange":null,"content":"On September 30, 1997, or upon occurrence of a vacancy in either the office of tax assessor or tax collector, there shall be a county revenue commissioner in Autauga County. A commissioner shall be elected at the general election in 1996 and at the general election every six years thereafter, who shall serve for a term of six years beginning on the first day of October next after election, and until his or her successor is elected and has qualified.
","history":"(Act 90-443, p. 609, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42278,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41366,"codeId":33456,"versionId":27791,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.01","shortTitle":"Section 45-1-241.01","catchLine":"Duties of Commissioner.","title":"Section 45-1-241.01 Duties of Commissioner.","sectionRange":null,"content":"The county revenue commissioner shall do and perform all acts, duties, and functions required by law to be performed either by the tax assessor or by the tax collector of the county relative to the assessment of property for taxation and the collection of taxes.
","history":"(Act 90-443, p. 609, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42279,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41367,"codeId":33457,"versionId":27792,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.02","shortTitle":"Section 45-1-241.02","catchLine":"Deputies, Clerks, and Assistants.","title":"Section 45-1-241.02 Deputies, Clerks, and Assistants.","sectionRange":null,"content":"Subject to the approval of the county commission, the county revenue commissioner shall appoint and fix the duties and compensation of a sufficient number of deputies, clerks, and assistants to perform properly the duties of office. The acts of deputies shall have the same force and legal effect as if performed by the county revenue commissioner personally.
","history":"(Act 90-443, p. 609, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42280,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41368,"codeId":33458,"versionId":27793,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.03","shortTitle":"Section 45-1-241.03","catchLine":"Oath of Office, Bond.","title":"Section 45-1-241.03 Oath of Office, Bond.","sectionRange":null,"content":"Before entering upon the duties of office, the county revenue commissioner shall take the oath of office prescribed by Article XVI of the Constitution of Alabama of 1901, and execute a bond in such sum as may be fixed by Section 40-5-3 for tax collectors in Alabama, giving as security thereon a bonding company authorized to do business in Alabama. The bond shall be conditioned as other official bonds are conditioned and shall be approved by and filed with the judge of probate. The cost of the bond required herein shall be paid out of the general funds of the county on warrant of the county commission, and shall be preferred claim against the county.
","history":"(Act 90-443, p. 609, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42281,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41369,"codeId":33459,"versionId":27794,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.04","shortTitle":"Section 45-1-241.04","catchLine":"Facilities and Equipment.","title":"Section 45-1-241.04 Facilities and Equipment.","sectionRange":null,"content":"The county commission shall provide the necessary offices for the county revenue commissioner, and shall provide all stationery, equipment, and office supplies, not otherwise furnished by law, needed for the efficient performance of the duties of the office.
","history":"(Act 90-443, p. 609, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42282,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41370,"codeId":33460,"versionId":27795,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.05","shortTitle":"Section 45-1-241.05","catchLine":"Collection and Disposition of Funds; Compensation of County Revenue Commissioner.","title":"Section 45-1-241.05 Collection and Disposition of Funds; Compensation of County Revenue Commissioner.","sectionRange":null,"content":"The county revenue commissioner shall collect and pay into the general fund of the county all fees, percentages, commissions, and other allowances which the tax assessor or the tax collector of the county are now or hereafter may be by law authorized and directed to charge or collect for the performance of any duty hereby imposed on the county revenue commissioner. As compensation for the performance of the duties of office, the county revenue commissioner shall receive an annual salary as provided by law, payable in equal monthly installments.
","history":"(Act 90-443, p. 609, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42283,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41371,"codeId":33461,"versionId":27796,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.06","shortTitle":"Section 45-1-241.06","catchLine":"Offices of Tax Assessor and Tax Collector Abolished.","title":"Section 45-1-241.06 Offices of Tax Assessor and Tax Collector Abolished.","sectionRange":null,"content":"The offices of the tax assessor and tax collector of Autauga County are hereby abolished effective the first day of October 1997, or upon the occurrence of a vacancy in the office of tax assessor or tax collector. In the event that the office of tax assessor or tax collector becomes vacant before October 1, 1997, the office of county revenue commissioner shall immediately come into being, and the remaining officer, tax assessor or tax collector, as the case may be, shall immediately assume the duties of the office of county revenue commissioner and shall perform such duties until a county revenue commissioner has been elected as provided herein. For the performance of such duties, he or she shall be entitled to the salary herein above prescribed for the county revenue commissioner.
","history":"(Act 90-443, p. 609, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42284,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41372,"codeId":33462,"versionId":27797,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.07","shortTitle":"Section 45-1-241.07","catchLine":"Purpose.","title":"Section 45-1-241.07 Purpose.","sectionRange":null,"content":"It is the purpose of this part to promote the public convenience in Autauga County by consolidating the offices of tax assessor and tax collector into one office.
","history":"(Act 90-443, p. 609, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42285,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41373,"codeId":48485,"versionId":40558,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.08","shortTitle":"Section 45-1-241.08","catchLine":"Tax Sales, Redemption Duties Transferred.","title":"Section 45-1-241.08 Tax Sales, Redemption Duties Transferred.","sectionRange":null,"content":"In Autauga County, all duties, responsibilities, and liabilities regarding real property sales for failure to pay taxes and subsequent redemption heretofore performed by the judge of probate shall be transferred to and shall be performed by the revenue commissioner.
","history":"(Act 2016-250, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42286,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41374,"codeId":48869,"versionId":41118,"parentId":32560,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.09","shortTitle":"Section 45-1-241.09","catchLine":"Expense Allowance; Salary.","title":"Section 45-1-241.09 Expense Allowance; Salary.","sectionRange":null,"content":"(a) Commencing April 1, 2017, the Revenue Commissioner of Autauga County shall receive an annual expense allowance of twelve thousand dollars ($12,000) payable in equal monthly installments. This expense allowance shall be in addition to all other compensation or benefits granted to the revenue commissioner and may be treated as compensation for retirement purposes.
(b) Effective beginning the next term of office, the annual salary of the Revenue Commissioner of Autauga County shall be increased by twelve thousand dollars ($12,000) and the expense allowance provided for in subsection (a) shall be null and void.
(c) Notwithstanding any other provision of law, in addition to any other compensation provided to the revenue commissioner, the revenue commissioner shall continue to receive any cost-of-living or other salary increases granted by the county commission to other elected officials in the county.
","history":"(Act 2017-119, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42287,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41375,"codeId":32561,"versionId":null,"parentId":32558,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"3","shortTitle":"Part 3","catchLine":"Tax, Ad Valorem.","title":"Part 3 Tax, Ad Valorem.","sectionRange":"§45-1-242 to §45-1-242.50","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42288,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41376,"codeId":32562,"versionId":null,"parentId":32561,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"1","shortTitle":"Subpart 1","catchLine":"Emergency Services.","title":"Subpart 1 Emergency Services.","sectionRange":"§45-1-242","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42289,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41377,"codeId":33463,"versionId":27798,"parentId":32562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242","shortTitle":"Section 45-1-242","catchLine":"Reserved.","title":"Section 45-1-242 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42290,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41378,"codeId":32563,"versionId":null,"parentId":32561,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"2","shortTitle":"Subpart 2","catchLine":"Firefighters Association.","title":"Subpart 2 Firefighters Association.","sectionRange":"§45-1-242.20 to §45-1-242.27","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42291,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41379,"codeId":33464,"versionId":27799,"parentId":32563,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242.20","shortTitle":"Section 45-1-242.20","catchLine":"Applicability of Subpart 2.","title":"Section 45-1-242.20 Applicability of Subpart 2.","sectionRange":null,"content":"The provisions of this subpart shall apply only to those portions of Autauga County located outside the corporate boundaries of the City of Prattville.
","history":"(Act 96-859, 2nd Sp. Sess., p. 1667, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42292,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41380,"codeId":33465,"versionId":27800,"parentId":32563,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242.21","shortTitle":"Section 45-1-242.21","catchLine":"Legislative Findings.","title":"Section 45-1-242.21 Legislative Findings.","sectionRange":null,"content":"The Legislature declares that the fire association and the volunteer fire departments that receive funds pursuant to this subpart are organizations which are public in nature, as they promote and protect the health, safety, and welfare of the citizens of the county.
","history":"(Act 96-859, 2nd Sp. Sess., p. 1667, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42293,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41381,"codeId":33466,"versionId":27801,"parentId":32563,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242.22","shortTitle":"Section 45-1-242.22","catchLine":"Special Property Tax for Fire, Emergency Medical, and Rescue Services.","title":"Section 45-1-242.22 Special Property Tax for Fire, Emergency Medical, and Rescue Services.","sectionRange":null,"content":"The County Commission of Autauga County may levy and collect a special property tax, in addition to all other taxes now or hereafter authorized by the constitution and laws of Alabama, not exceeding three mils on each dollar’s worth of taxable property outside the corporate limits of the City of Prattville, as assessed for state taxation during the preceding year, the proceeds of which shall be used exclusively for fire, emergency medical, and rescue services.
","history":"(Act 96-859, 2nd Sp. Sess., p. 1667, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42294,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41382,"codeId":33467,"versionId":27802,"parentId":32563,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242.23","shortTitle":"Section 45-1-242.23","catchLine":"Assessment and Collection of Tax; Distribution of Funds.","title":"Section 45-1-242.23 Assessment and Collection of Tax; Distribution of Funds.","sectionRange":null,"content":"The Revenue Commissioner of Autauga County shall assess the tax provided for in this subpart and shall collect the tax in the same manner and method that other ad valorem taxes are collected. The proceeds of the tax shall be paid into a special county fund. Within 30 days after payment into the special fund, the county commission shall pay the funds to the Autauga Firefighters’ Association. The Autauga Firefighters’ Association shall distribute the funds as follows: The Autauga Firefighters’ Association shall receive two thousand dollars ($2,000) of the funds and the remainder of the funds shall be divided among the eligible volunteer fire departments as determined annually by the Autauga Firefighters’ Association.
","history":"(Act 96-859, 2nd Sp. Sess., p. 1667, §4; 98-100, p. 117, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42295,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41383,"codeId":33468,"versionId":27803,"parentId":32563,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242.24","shortTitle":"Section 45-1-242.24","catchLine":"Eligible Volunteer Fire Department Under Subpart 2.","title":"Section 45-1-242.24 Eligible Volunteer Fire Department Under Subpart 2.","sectionRange":null,"content":"An eligible volunteer fire department, for the purposes of this subpart, shall mean a volunteer fire department located in Autauga County which maintains an ISO approved rating or is certified, or both, under the Alabama Forestry Commission guidelines and is in good standing with the Autauga County Fire Association.
","history":"(Act 96-859, 2nd Sp. Sess., p. 1667, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42296,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41384,"codeId":33469,"versionId":27804,"parentId":32563,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242.25","shortTitle":"Section 45-1-242.25","catchLine":"Use of Funds; Accounting Forms.","title":"Section 45-1-242.25 Use of Funds; Accounting Forms.","sectionRange":null,"content":"Funds paid to eligible volunteer fire departments shall only be expended for fire protection and emergency medical and rescue services, including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omission of acts which are directly related to the functions of a volunteer fire department and which are committed by a volunteer fire department or the personnel of a volunteer fire department, or both. The funds may not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15 of each year, the department shall file a form with the county association detailing the expenditure of all funds during the previous 12 months. The filing shall also account for all unspent funds and whether unspent funds have been obligated. The county association shall supply the accounting forms to each eligible volunteer fire department.
","history":"(Act 96-859, 2nd Sp. Sess., p. 1667, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42297,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41385,"codeId":33470,"versionId":27805,"parentId":32563,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-241.26","shortTitle":"Section 45-1-241.26","catchLine":"Disposition of Funds Upon Dissolution or Abandonment of Eligible Volunteer Fire Department.","title":"Section 45-1-241.26 Disposition of Funds Upon Dissolution or Abandonment of Eligible Volunteer Fire Department.","sectionRange":null,"content":"Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds derived from this subpart or any assets purchased with funds derived from this subpart shall, after all indebtedness has been satisfied, be transferred to the county commission. The funds and assets shall be reallocated by the county commission to other volunteer fire departments. In the event there are no volunteer fire departments, the funds or assets shall be placed in the county general fund.
","history":"(Act 96-859, 2nd Sp. Sess., p. 1667, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42298,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41386,"codeId":33471,"versionId":27806,"parentId":32563,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242.27","shortTitle":"Section 45-1-242.27","catchLine":"Liability of Personnel.","title":"Section 45-1-242.27 Liability of Personnel.","sectionRange":null,"content":"The personnel of volunteer fire departments provided for in this subpart shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments.
","history":"(Act 96-859, 2nd Sp. Sess., p. 1667, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42299,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41387,"codeId":32564,"versionId":null,"parentId":32561,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"3","shortTitle":"Part 3","catchLine":"School Purposes.","title":"Part 3 School Purposes.","sectionRange":"§45-1-242.50","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42300,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41388,"codeId":33472,"versionId":27807,"parentId":32564,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-242.50","shortTitle":"Section 45-1-242.50","catchLine":"Reserved.","title":"Section 45-1-242.50 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42301,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41389,"codeId":32565,"versionId":null,"parentId":32558,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"4","shortTitle":"Part 4","catchLine":"Tax, General.","title":"Part 4 Tax, General.","sectionRange":"§45-1-243 to §45-1-243.11","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42302,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41390,"codeId":33473,"versionId":27808,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243","shortTitle":"Section 45-1-243","catchLine":"Definitions.","title":"Section 45-1-243 Definitions.","sectionRange":null,"content":"(a) The following words, terms, and phrases where used in this subpart shall have the following respective meanings except where the context clearly indicates a different meaning:
(1) “County” means Autauga County in the State of Alabama.
(2) “Commissioner” means the Commissioner of Revenue of the state.
(3) “State Department of Revenue” means the Department of Revenue of the state.
(4) “State” means the State of Alabama.
(5) “State sales tax statutes” means Division 1 of Article 1 of Chapter 23 of Title 40, as amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein.
(6) “State sales tax” means the tax or taxes imposed by the state sales tax statutes.
(7) “State use tax statutes” means Article 2 of Chapter 23 of Title 40, as amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to or purport to affect the administration of Article 2 and the incidence and collection of the taxes imposed therein.
(8) “State use tax” means the tax or taxes imposed by the state use tax statutes.
(9) “Registered seller” means the person registered with the State Department of Revenue pursuant to the state use tax statutes or licensed under the state sales tax statutes.
(10) “Month” means a calendar month.
(11) “Quarterly period” means the period of three months ending on the last day of each March, June, September, and December.
(12) “Fiscal year” means the period commencing on October 1 of each calendar year and ending on September 30 of the next succeeding calendar year.
(b) Except where another meaning is clearly indicated by the context, all definitions set forth in the state sales tax statutes and the state use tax statutes shall be effective as definitions of the words, terms, and phrases used in this subpart. All words, terms and phrases used herein, other than those hereinabove specifically defined, shall have the respective meanings ascribed to them in the state sales tax statutes and the state use tax statutes and shall have the same scope and effect that the same words, terms, and phrases have where used in the state sales tax statutes and the state use tax statutes.
","history":"(Act 79-778, p. 1396, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42303,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41391,"codeId":33474,"versionId":27809,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.01","shortTitle":"Section 45-1-243.01","catchLine":"Authorization of Levy of Sales Tax.","title":"Section 45-1-243.01 Authorization of Levy of Sales Tax.","sectionRange":null,"content":"(a) The governing body of the county is hereby authorized to levy and impose in the county, in addition to all other taxes of every kind now imposed by law, and to collect as herein provided, a privilege or license tax on account of the business activities and in the amount to be determined by the application of rates against gross sales or gross receipts, as the case may be, as follows:
(1) Upon every person, firm, or corporation (including the State of Alabama, the University of Alabama, Auburn University, and all other institutions of higher learning in the state, whether such institutions be denominational, state, county, or municipal institutions, any association or other agency or instrumentality of such institutions) engaged or continuing within the county in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidences of debts or stock, nor sales of material and supplies to any person for use in fulfilling a contract for the painting, repair, or reconditioning of vessels, ships, and other watercraft of over 50 tons burden) an amount not exceeding one percent of the gross proceeds of sales of the business, except where a different amount is expressly provided herein; provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified when his or her books are kept so as to show separately the gross proceeds of sales of each business, and when his or her books are not so kept he or she shall pay the tax as a retailer, on the gross sales of the business; and provided further, that where any used part of an automotive vehicle or a truck trailer, semi-trailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or rebuilt part, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used part sold less the credit for the used part taken in trade, provided, however, that this provision shall not be construed to include tires or batteries;
(2) Upon every person, firm, or corporation engaged or continuing within the county in the business of conducting or operating places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theatres, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games (including athletic contests conducted by or under the auspices of any educational institution within this state, or any athletic association thereof, or other association whether such institution or association be denominational, a state, county, or municipal institution or association or a state, county, or city school, or other institution, association, or school), skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement, or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places, and public dance halls of every kind and description within the county, an amount not exceeding one percent of the gross receipts of any such business;
(3) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property an amount not exceeding one-half of one percent of the gross proceeds of the sale of such machines; provided that the term “machine” as herein used shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property and the parts of such machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used;
(4) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any automotive vehicle, truck, trailer, semi-trailer, or house trailer, an amount not exceeding one-half of one percent of the gross proceeds of sale of the automotive vehicle, truck, trailer, semi-trailer, or house trailer; provided, however, where a person subject to the tax provided for in this subsection withdraws from his or her stock in trade any automotive vehicle or truck, trailer, semi-trailer, or house trailer for use by him or her or by his or her employee or agent in the operation of such business, there shall be paid, in lieu of the tax authorized to be levied herein, a fee of one dollar twenty-five cents ($1.25) per year or part thereof during which such automotive vehicle, truck, trailer, semi-trailer, or house trailer shall remain the property of such person; provided, that each such year or part thereof shall be deemed to begin with the day or anniversary date, as the case may be, of such withdrawal and shall run for the 12 succeeding months or part thereof during which such automotive vehicle, truck, trailer, semi-trailer, or house trailer shall remain the property of such person; and provided further, that where any used automotive vehicle, truck, trailer, semi-trailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade;
(5) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment and attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation such machine, machinery, or equipment, an amount equal to one-half percent of the gross proceeds of the sale thereof. Provided, however, the one-half percent rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities.
Where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade; and
(6) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling, through coin-operated dispensing machines, food and food products for human consumption, not including beverages other than coffee, milk, milk products, and substitutes therefor, an amount not exceeding one-half of one percent of the cost of such food, food products, and beverages sold through such machines, which cost for the purpose of this subdivision shall be the gross proceeds of sales of such business.
(b) There are exempted, however, from the provisions of this section and from the computation of the amount of the taxes authorized to be imposed in this section, the gross receipts of any business and the gross proceeds of all sales which are presently exempted under the state sales tax statutes from the computation of the amount of the state sales tax.
","history":"(Act 79-778, p. 1396, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42304,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41392,"codeId":33475,"versionId":27810,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.02","shortTitle":"Section 45-1-243.02","catchLine":"Authorization of Levy of Use Tax.","title":"Section 45-1-243.02 Authorization of Levy of Use Tax.","sectionRange":null,"content":"(a) The governing body of the county is hereby authorized to levy and impose excise taxes on the storage, use, or other consumption of property in the county as hereinafter provided in this section:
(1) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of tangible personal property (not including, however, materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships, and other watercraft of more than 50 tons burden) purchased at retail on or after the effective date of such tax, for the storage, use, or other consumption in the county on or after the effective date of such tax, at the rate of not exceeding one percent of the sale price of such property, except as provided in subdivisions (2), (3), (4), and (5);
(2) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of any machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property purchased at retail on or after the effective date of such tax for storage, use, or other consumption in the county, at the rate of not exceeding one-half of one percent of the sales price of any such machine; provided, that the term “machine,” as used herein shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property and the parts of such machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of such machines and are customarily so used;
(3) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of any automotive vehicle, truck, trailer, semi-trailer, or house trailer purchased at retail on or after the effective date of such tax for storage, use, or other consumption in the county at the rate of not exceeding one-half of one percent of the sales price of such automotive vehicle, truck, trailer, semi-trailer, or house trailer; provided, that where any used automotive vehicle, truck, trailer, semi-trailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax herein authorized to be levied shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade; and
(4) An excise tax is hereby levied and imposed on the storage, use, or other consumption in the county of any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment and attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment which is purchased at retail after the effective date of this ordinance, for the storage, use, or other consumption in the county at the rate of one-half of one percent of the sales price of such property within the county, regardless of whether the retailer is or is not engaged in the business in this county. Provided, however, the one-half of one percent rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. Where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment taken in trade; and
(5) An excise tax is hereby authorized to be levied and imposed on the classes of tangible personal property, and at not exceeding the rate authorized to be imposed on such classes, specified in subdivision (1), (2), (3), or (4), on the storage, use or other consumption in the performance of a contract in the county of any such tangible personal property, new or used, the tax to be measured by the sales price or the fair and reasonable market value of such tangible personal property when put into use in the county, whichever is less; provided, however, the tax authorized to be imposed by this subdivision shall not apply where the taxes imposed by subdivision (1), (2), (3), or (4) apply.
(b) There are exempted from the provisions of this section, and from the taxes authorized to be imposed by this section, the storage, use, or other consumption of property the storage, use, or other consumption of which is presently exempted under the state use tax statutes from the state use tax. Subject to those exemptions, every person storing or using or otherwise consuming in the county tangible personal property purchased at retail on or after the effective date of such taxes shall be liable for the taxes authorized to be imposed by this section, and the liability shall not be extinguished until the tax has been paid by such person; provided, however, that a receipt from a registered seller given pursuant to Section 45-1-243.05 to the purchaser of any property to be used, stored or consumed in the county shall be sufficient to relieve the purchaser from further liability for a tax to which such receipt may refer.
","history":"(Act 79-778, p. 1396, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42305,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41393,"codeId":33476,"versionId":27811,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.03","shortTitle":"Section 45-1-243.03","catchLine":"Payment of Taxes Herein Levied; Reports by Taxpayers.","title":"Section 45-1-243.03 Payment of Taxes Herein Levied; Reports by Taxpayers.","sectionRange":null,"content":"The sales taxes authorized to be levied in Section 45-1-243.01 shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues; and the use taxes authorized to be levied in Section 45-1-243.02 shall be due and payable quarterly on or before the twentieth day of the month next succeeding each quarterly period during which the storage, use, or other consumption of the tangible personal property became taxable hereunder, each such quarterly period to end on the last day of each of the months of March, June, September, and December. The sales taxes authorized to be levied in Section 45-1-243.01 shall be paid to and collected by the State Department of Revenue at the same time as and along with the payment and collection of the state sales tax; and the use taxes authorized to be levied in Section 45-1-243.02 shall be paid to and collected by the State Department of Revenue at the same time as and along with the payment and collection of the state use tax. On or prior to the due dates of the taxes herein authorized to be levied, each person subject to such taxes shall file with the State Department of Revenue a report or return in such form as may be prescribed by the department, setting forth, with respect to all sales and business that are required to be used as a measure of the sales taxes herein authorized to be levied, a correct statement of the gross proceeds of all such taxes and the gross receipts of all such business, and setting forth, with respect to the use taxes authorized to be levied herein, the total sales price of all property, the use, storage, or other consumption of which became subject to the taxes during the then preceding quarterly period. Such report shall include all such other items of information pertinent to the taxes and the amount thereof as the State Department of Revenue may require. Any person subject to the sales taxes authorized to be levied herein may defer reporting credit sales until after their collection, and in the event he or she so defers reporting them, he or she shall thereafter include in each monthly report all credit collections made during the month preceding and shall pay the taxes due thereon at the time of filing such report. All reports or returns filed with the State Department of Revenue under this section shall be available for inspection by the governing body of the county or its designated agent at reasonable times during business hours.
","history":"(Act 79-778, p. 1396, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42306,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41394,"codeId":33477,"versionId":27812,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.04","shortTitle":"Section 45-1-243.04","catchLine":"Sales Tax to Be Added to Sales Price or Admission Fee.","title":"Section 45-1-243.04 Sales Tax to Be Added to Sales Price or Admission Fee.","sectionRange":null,"content":"Each person engaging or continuing within the county in a business subject to the sales taxes authorized to be levied in Section 45-1-243.01 shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer on account of the taxes. It shall be unlawful for any person subject to the sales taxes authorized to be levied in Section 45-1-243.01 to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or the person paying the admission fee the amount herein required to be so added to the sales or admission price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the taxes to refund or offer to refund all or any part of the amount so collected or to absorb or advertise directly or indirectly the absorption or refund of the taxes or any portion thereof.
","history":"(Act 79-778, p. 1396, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42307,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41395,"codeId":33478,"versionId":27813,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.05","shortTitle":"Section 45-1-243.05","catchLine":"Special Provisions Respecting Payment of Use Tax; Receipts and Returns by Registered Sellers.","title":"Section 45-1-243.05 Special Provisions Respecting Payment of Use Tax; Receipts and Returns by Registered Sellers.","sectionRange":null,"content":"Every registered seller making sales of tangible personal property for storage, use, or other consumption in the county (which storage, use, or other consumption is not exempted from the use taxes herein authorized to be levied) shall at the time of making such sale, or if the storage, use, or other consumption of such tangible personal property in the county is not then subject to the taxes herein authorized to be levied, at the time such storage, use, or other consumption becomes subject to the taxes herein authorized to be levied, collect the tax from the purchaser, and shall give to the purchaser a receipt therefor in the manner and form prescribed by the State Department of Revenue. On the twentieth day of the month next succeeding following the close of each quarterly period, each registered seller shall file with the State Department of Revenue a return for the then preceding quarterly period in such form as may be prescribed by the State Department of Revenue showing the total sales price of the tangible personal property sold by such registered seller, the storage, use, or other consumption of which became subject to the use taxes herein authorized to be imposed, during the then preceding quarterly period; and each return shall be accompanied by a remittance of the amount of the use taxes required to be collected by such registered seller during the period covered by the return; provided that any registered seller may defer collecting the taxes with respect to credit sales until collection of the proceeds of such sales and may defer reporting credit sales until after their collection, but shall thereafter collect the taxes along with collection of the credit sales, shall include in each quarterly report all credit collections made during the preceding quarterly period and shall remit the taxes with respect thereto at the time of filing such report or return. Any person who has paid to a registered seller the tax with respect to the use, storage, or other consumption of tangible personal property in the county need not file a report or make any further payment of the tax, but each person who purchases tangible personal property the storage, use, or other consumption of which is subject to the use taxes authorized to be imposed herein, and who has not paid the use taxes due with respect thereto to a registered seller, shall report and pay the use taxes as required by Section 45-1-243.03. It shall be unlawful for any registered seller to fail or refuse to add to the sales price and to collect from the purchaser the amount of the use taxes authorized to be imposed herein or to refund or offer to refund or absorb, or to advertise directly or indirectly, the absorption of the use taxes or any portion thereof.
","history":"(Act 79-778, p. 1396, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42308,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41396,"codeId":33479,"versionId":27814,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.06","shortTitle":"Section 45-1-243.06","catchLine":"Enforcement of This Subpart; Taxes a Lien.","title":"Section 45-1-243.06 Enforcement of This Subpart; Taxes a Lien.","sectionRange":null,"content":"The taxes authorized to be imposed by this subpart shall constitute a debt due the county and may be collected by civil suit, in addition to all other methods provided by law and in this subpart. The taxes, together with interest and penalties with respect thereto, shall constitute and be secured by a lien upon the property of any person from whom the taxes are due or who is required to collect the taxes. All the provisions of the revenue laws of the state which apply to the enforcement of liens for license taxes due the state shall apply fully to the collection of the taxes herein authorized to be levied, and the State Department of Revenue, for the use and benefit of the county, shall collect such taxes and enforce this subpart and shall have and exercise for such collection and enforcement all rights and remedies that the State Department of Revenue has for collection of the state sales tax and the state use tax. The State Department of Revenue shall have full authority to employ such special counsel as it deems necessary from time to time to enforce collection of the taxes authorized to be levied by this subpart and otherwise to enforce the provisions of this subpart, including the institution, prosecution, and defense of any litigation involving this subpart; and the department shall pay such special counsel such fees as it deems necessary and proper from the proceeds of the taxes collected by it hereunder.
","history":"(Act 79-778, p. 1396, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42309,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41397,"codeId":33480,"versionId":27815,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.07","shortTitle":"Section 45-1-243.07","catchLine":"Applicability of State Sales and Use Tax Statutes.","title":"Section 45-1-243.07 Applicability of State Sales and Use Tax Statutes.","sectionRange":null,"content":"All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of monthly reports and keeping and preserving records with respect thereto, interest after the due date of the tax, penalties for failure to pay the tax, make reports or otherwise comply with the state sales tax statutes, the promulgation of rules and regulations with respect to the state sales tax, and the administration and enforcement of the state sales tax statutes, which are not inconsistent with the provisions of this subpart, when applied to the sales taxes authorized to be levied in Section 45-1-243.01, shall apply to the sales taxes authorized to be levied in Section 45-1-243.01; and all provisions of the state use tax statutes with respect to payment, assessment, and collection of the state use tax, making quarterly reports and keeping and preserving records with respect thereto, interest after the due date of the state use tax, penalties for failure to pay the tax, make reports, or otherwise to comply with the state use tax statutes, the promulgation of rules and regulations with respect to the state use tax and the administration and enforcement of the state use tax statutes, which are not inconsistent with the provisions of this subpart, when applied to the use taxes authorized to be levied in Section 45-1-243.02, shall apply to the use taxes authorized to be levied in Section 45-1-243.02. The commissioner and the State Department of Revenue shall have and exercise the same powers, duties, and obligations, with respect to the taxes herein authorized to be levied, that are imposed on the commissioner and the department by the state sales tax statutes and the state use tax statutes. All provisions of the state sales tax statutes and the state use tax statutes that are made applicable by this subpart to the taxes herein authorized to be levied and to the administration of this subpart are incorporated herein by reference and made a part hereof as if fully set forth herein.
","history":"(Act 79-778, p. 1396, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42310,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41398,"codeId":33481,"versionId":27816,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.08","shortTitle":"Section 45-1-243.08","catchLine":"Charge of State Department of Revenue; Disposition of Tax Proceeds.","title":"Section 45-1-243.08 Charge of State Department of Revenue; Disposition of Tax Proceeds.","sectionRange":null,"content":"The State Department of Revenue shall charge the county, for collecting the taxes authorized to be levied herein, the costs of the department in collecting the taxes; provided such charge shall not, in any event, exceed five percent of the total amount of the taxes collected hereunder. Such charge for collecting the taxes for the county may be deducted each month from the tax proceeds collected before the amount of the proceeds due the county for that month is certified as provided in this section. The commissioner shall pay into the State Treasury all taxes collected under this subpart, as such taxes are received by the State Department of Revenue; and on or before the first of each successive month (commencing with the month next succeeding the month in which the department makes the first collection of any of the taxes authorized to be levied hereunder) the commissioner shall certify to the state Comptroller the amount of taxes collected under the provisions of this subpart and paid by him or her into the State Treasury for the benefit of the county during the month immediately preceding the making of such certificate and shall state separately in the certificate the amount of the proceeds so collected from the taxes authorized to be levied in Section 45-1-243.01 and the amount of the proceeds so collected from the taxes authorized to be levied in Section 45-1-243.02; provided, however, that before certifying the amount of taxes paid into the State Treasury for the benefit of the county during each month, the commissioner may deduct from the taxes collected hereunder in the month the charges due the department for collection of the taxes. It shall be the duty of the State Comptroller (i) to issue his or her warrant each month, payable to the county in an amount equal to the amount so certified by the commissioner as having been collected for the use of the county, and (ii) to transmit to the county, along with the warrant, a copy of the certificate by the commissioner.
","history":"(Act 79-778, p. 1396, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42311,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41399,"codeId":33482,"versionId":27817,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.09","shortTitle":"Section 45-1-243.09","catchLine":"Use of Tax Proceeds.","title":"Section 45-1-243.09 Use of Tax Proceeds.","sectionRange":null,"content":"The proceeds of any taxes authorized to be levied in this subpart shall be paid over by the county within 10 days after their receipt as follows:
(1) Fifty percent shall be paid over to the county board of education,
(2) Fifty percent shall be paid over to the county general fund.
","history":"(Act 79-778, p. 1396, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42312,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41400,"codeId":33483,"versionId":27818,"parentId":32565,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-243.10","shortTitle":"Section 45-1-243.10","catchLine":"Effective Date of Levy.","title":"Section 45-1-243.10 Effective Date of Levy.","sectionRange":null,"content":"If the governing body of the county elects to levy or impose any of the taxes herein authorized to be levied and imposed, it shall specify, as the effective date of any such levy, the first day of the second month following such levy.
","history":"(Act 79-778, p. 1396, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42313,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41401,"codeId":32566,"versionId":null,"parentId":32558,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"5","shortTitle":"Part 5","catchLine":"Tax, Sales and Use.","title":"Part 5 Tax, Sales and Use.","sectionRange":"§45-1-244 to §45-1-244.20","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42315,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41402,"codeId":33484,"versionId":27819,"parentId":61793,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-244","shortTitle":"Section 45-1-244","catchLine":"The Crime Prevention Inc. and Spinners Inc.","title":"Section 45-1-244 The Crime Prevention Inc. and Spinners Inc.","sectionRange":null,"content":"In Autauga County, The Crime Prevention Inc. and Spinners Inc. are hereby exempted from the payment of any and all county and municipal sales and use taxes.
","history":"(Act 86-383, p. 570, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42317,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41403,"codeId":51296,"versionId":null,"parentId":32558,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"6","shortTitle":"Part 6","catchLine":"Tax, Lodging.","title":"Part 6 Tax, Lodging.","sectionRange":"§45-1-245 to §45-1-245.06","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42320,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41404,"codeId":51297,"versionId":43961,"parentId":51296,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-245","shortTitle":"Section 45-1-245","catchLine":"Levy of Tax.","title":"Section 45-1-245 Levy of Tax.","sectionRange":null,"content":"In Autauga County, in addition to all other taxes imposed by law, the Autauga County Commission may levy a privilege or license tax in the amount prescribed in this section against every person within the county engaging in the business of renting or furnishing a room or rooms, lodging, or accommodations, to a transient in a hotel, motel, inn, condominium, house, tourist court, or another place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The amount of the tax shall be equal to 10 percent of the charge for the rooms, lodgings, or accommodations, including the charge for use of rental or personal property and services furnished in the room or rooms within Autauga County outside of the corporate limits of the City of Prattville and three percent of the charge within the corporate limits of the City of Prattville.
","history":"(Act 2019-211, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42321,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41405,"codeId":51298,"versionId":43962,"parentId":51296,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-245.01","shortTitle":"Section 45-1-245.01","catchLine":"Exemptions.","title":"Section 45-1-245.01 Exemptions.","sectionRange":null,"content":"(a) There are exempted from the provisions of the tax levied by this part and from the computation of the amount of the tax levied or payable all of the following: Charges for property sold or services furnished which are required to be included in the tax levied by the state sales tax act; charges for the rental of rooms, lodgings, or accommodations to a person for a period of 30 continuous days or more pursuant to the exemption provision of Section 40-26-1. A subsequent amendment or change to Section 40-26-1 shall also have the effect of similarly changing the exemption provision of this part.
(b) Notwithstanding the provisions of this section, the tax shall not apply to the rental of living accommodations which are intended primarily for rental to persons as their principal or permanent place of residence.
","history":"(Act 2019-211, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42322,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41406,"codeId":51299,"versionId":43963,"parentId":51296,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-245.02","shortTitle":"Section 45-1-245.02","catchLine":"Monthly Report; Recordkeeping; Penalties.","title":"Section 45-1-245.02 Monthly Report; Recordkeeping; Penalties.","sectionRange":null,"content":"(a) The tax levied by this part, except as otherwise provided, shall be due and payable to the Department of Revenue on or before the 20th day of the month next succeeding the month in which the tax accrues. On or before the 20th day of each month, every person on whom the tax is levied by this part shall render to the Department of Revenue on a form prescribed by the department, a true and correct statement showing the gross proceeds of the business subject to the tax for the then preceding month, together with other information as the department requires. At the time of making the monthly report, the taxpayer shall compute and pay to the department the amount of tax shown due. A person subject to the tax who conducts business on a credit basis may defer reporting and paying the tax until after the person has received payment of the items, articles, or accommodations furnished. In the event the taxpayer defers reporting and paying the taxes, he or she shall thereafter include in each monthly report all credit collections made during the then preceding month and shall pay the amount of taxes computed thereon at the time of filing the report.
(b) It shall be the duty of every person engaged or continuing in a business subject to the tax levied by this part to keep and preserve suitable records of the gross proceeds of the business and other books or accounts necessary to determine the amount of tax for which he or she is liable pursuant to this part. The records shall be kept and preserved for a period of two years and shall be open for examination at all times by the Department of Revenue or by a duly authorized agent, deputy, or employee of the department.
(c) A person who fails to pay the tax levied by this part within the time required by this part shall pay in addition to the tax a penalty of 10 percent of the amount of tax due, together with interest from the date on which the tax became due and payable at the rate due and payable on the state lodging tax. The penalty and interest shall be assessed and collected as a part of the tax. The Department of Revenue, if good and sufficient reason be shown, may waive or remit the penalty or a portion of the penalty.
","history":"(Act 2019-211, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42323,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41407,"codeId":51300,"versionId":43964,"parentId":51296,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-245.03","shortTitle":"Section 45-1-245.03","catchLine":"Application of State Statutes.","title":"Section 45-1-245.03 Application of State Statutes.","sectionRange":null,"content":"All provisions of the state lodging tax statutes with respect to payment, assessment, and collection of the state lodging tax, making of reports and keeping and preserving records, interest after due date of tax, or otherwise; the adoption of rules with respect to the state lodging tax; and the administration and enforcement of the state lodging tax statutes, which are not inconsistent with the provisions of this part when applied to the tax levied by this part, shall apply to the levied tax. The Commissioner of Revenue and the Department of Revenue shall have and exercise the same powers, duties, and obligations with respect to the district taxes levied as imposed on the commissioner and the department, respectively, by the state lodging tax statutes. All provisions of the state lodging tax statutes that are made applicable to this part, to the taxes levied, and to the administration of this part are incorporated herein by reference and made a part as if fully set forth.
","history":"(Act 2019-211, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42324,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41408,"codeId":51301,"versionId":43965,"parentId":51296,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-245.04","shortTitle":"Section 45-1-245.04","catchLine":"Cost of Collection.","title":"Section 45-1-245.04 Cost of Collection.","sectionRange":null,"content":"The Department of Revenue shall charge and deduct from the proceeds of the tax levied an amount equal to the cost to the department of making the collections, and the charge shall not exceed five percent of the total amount of tax collected. Following that deduction, the department shall pay the remainder of the tax proceeds to the county.
","history":"(Act 2019-211, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42325,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41409,"codeId":51302,"versionId":43966,"parentId":51296,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-245.05","shortTitle":"Section 45-1-245.05","catchLine":"Disposition of Funds.","title":"Section 45-1-245.05 Disposition of Funds.","sectionRange":null,"content":"Except as otherwise provided in this part, the balance of the proceeds from the tax levied by this part shall be deposited into the Autauga County General Fund.
","history":"(Act 2019-211, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42326,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41410,"codeId":51303,"versionId":43967,"parentId":51296,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-245.06","shortTitle":"Section 45-1-245.06","catchLine":"Severability.","title":"Section 45-1-245.06 Severability.","sectionRange":null,"content":"The provisions of this part shall not be applied in a manner to violate the Commerce Clause of the United States Constitution. If a provision of this part is held invalid, the invalidity shall not affect the remaining provisions of this part.
","history":"(Act 2019-211, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42327,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41411,"codeId":32567,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"25","shortTitle":"Article 25","catchLine":"Utilities.","title":"Article 25 Utilities.","sectionRange":"§45-1-250","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42328,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41412,"codeId":33485,"versionId":27820,"parentId":32567,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-250","shortTitle":"Section 45-1-250","catchLine":"Reserved.","title":"Section 45-1-250 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42329,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41413,"codeId":32568,"versionId":null,"parentId":32390,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"26","shortTitle":"Article 26","catchLine":"Zoning and Planning.","title":"Article 26 Zoning and Planning.","sectionRange":"§45-1-260","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42330,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41414,"codeId":33486,"versionId":27821,"parentId":32568,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1-260","shortTitle":"Section 45-1-260","catchLine":"Reserved.","title":"Section 45-1-260 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42331,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41415,"codeId":32391,"versionId":null,"parentId":32100,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1A","shortTitle":"Chapter 1A","catchLine":"Autauga County Municipalities.","title":"Chapter 1A Autauga County Municipalities.","sectionRange":"§45-1A-10 to §45-1A-70","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42332,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41416,"codeId":32569,"versionId":null,"parentId":32391,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Autaugaville.","title":"Article 1 Autaugaville.","sectionRange":"§45-1A-10","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42333,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41417,"codeId":33487,"versionId":27822,"parentId":32569,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-10","shortTitle":"Section 45-1A-10","catchLine":"Reserved.","title":"Section 45-1A-10 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42334,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41418,"codeId":32570,"versionId":null,"parentId":32391,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Billingsley.","title":"Article 2 Billingsley.","sectionRange":"§45-1A-20","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42335,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41419,"codeId":33488,"versionId":27823,"parentId":32570,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-20","shortTitle":"Section 45-1A-20","catchLine":"Reserved.","title":"Section 45-1A-20 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42336,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41420,"codeId":32571,"versionId":null,"parentId":32391,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Mulberry.","title":"Article 3 Mulberry.","sectionRange":"§45-1A-30","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42337,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41421,"codeId":33489,"versionId":27824,"parentId":32571,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-30","shortTitle":"Section 45-1A-30","catchLine":"Sale or Consumption of Alcoholic Beverages Within Two Miles of Ivy Creek Methodist Church.","title":"Section 45-1A-30 Sale or Consumption of Alcoholic Beverages Within Two Miles of Ivy Creek Methodist Church.","sectionRange":null,"content":"(a) Pursuant to the authority of Section 104 of the Constitution of Alabama of 2022, on and after December 1, 2001, no person or other entity may sell any alcoholic beverage for on-premises or off-premises consumption, nor allow the consumption of alcoholic beverages in any bar, restaurant, or other commercial or business establishment within two miles of the Ivy Creek Methodist Church in the Mulberry Community of Autauga County.
(b) This section shall not prevent, restrict, or affect the otherwise legal consumption of alcoholic beverages in a private social setting within the prescribed area.
(c) Any violation of subsection (a) shall constitute a Class A misdemeanor and shall be punishable as provided by law.
(d)(1) Any licensee of the Alabama Alcoholic Beverage Control Board who is granted a license after December 1, 2001, and who violates subsection (a) may be subject to any disciplinary action by the board authorized by law.
(2) Subdivision (1) shall not apply to any person holding a license within the prescribed area on December 1, 2001.
","history":"(Act 2001-893, 3rd Sp. Sess., p. 718, §§1-4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42338,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41422,"codeId":32572,"versionId":null,"parentId":32391,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Prattville.","title":"Article 4 Prattville.","sectionRange":"§45-1A-40 to §45-1A-43","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42339,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41423,"codeId":32573,"versionId":null,"parentId":32572,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"1","shortTitle":"Part 1","catchLine":"Alcoholic Beverages.","title":"Part 1 Alcoholic Beverages.","sectionRange":"§45-1A-40 to §45-1A-40.01","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42340,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41424,"codeId":33490,"versionId":27825,"parentId":32573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-40","shortTitle":"Section 45-1A-40","catchLine":"Regulation of Sale and Consumption of Alcoholic Beverages on Sunday.","title":"Section 45-1A-40 Regulation of Sale and Consumption of Alcoholic Beverages on Sunday.","sectionRange":null,"content":"(a) The city council or other governing body of the City of Prattville may, by resolution passed by simple majority, regulate and permit the sale for on premises consumption only of alcoholic beverages on Sunday after 12:00 p.m. upon the licensed premises of retail licensees of the Alcoholic Beverage Control Board of the State of Alabama and of the City of Prattville serving the general public including, but not limited to, hotels with conference centers and golf courses located within the corporate limits of the city. Any licensee granted authority to sell alcoholic beverages on Sunday pursuant to this section shall be required to have all servers of alcoholic beverages complete responsible vendor training in the manner provided by the Alcoholic Beverage Control Board.
(b) The provisions of this section are cumulative and supplemental to the present power and authority of the City of Prattville, and is not intended to, nor shall it be interpreted so as to repeal any existing power or authority of the City of Prattville now permitted under the general laws of the state, or under any local or special act of the Legislature.
","history":"(Act 2001-904, 3rd Sp. Sess., p. 744, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42341,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41425,"codeId":43921,"versionId":45567,"parentId":32573,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-40.01","shortTitle":"Section 45-1A-40.01","catchLine":"Sale of Draft Beer by Retail Licensees of Alcoholic Beverage Control Board.","title":"Section 45-1A-40.01 Sale of Draft Beer by Retail Licensees of Alcoholic Beverage Control Board.","sectionRange":null,"content":"(a) This section shall apply to the regulation of the sale and distribution of alcoholic beverages in the City of Prattville in Autauga County and Elmore County.
(b) The city council, by resolution or ordinance, may authorize the sale and distribution of draft beer by retail licensees of the Alcoholic Beverage Control Board. Authorization shall include the sale of draft beer for off-premises consumption in a growler or similar container no larger than 64 ounces, but may not include the sale of keg beer for off-premises consumption.
","history":"(Act 2013-297, p. 1010, §§1, 2; Act 2020-150, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42342,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41426,"codeId":32574,"versionId":null,"parentId":32572,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"2","shortTitle":"Part 2","catchLine":"Historic Preservation.","title":"Part 2 Historic Preservation.","sectionRange":"§45-1A-41","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42343,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41427,"codeId":33491,"versionId":27826,"parentId":32574,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-41","shortTitle":"Section 45-1A-41","catchLine":"Protection of Historic Architectural Character of Prattville.","title":"Section 45-1A-41 Protection of Historic Architectural Character of Prattville.","sectionRange":null,"content":"(a) In Autauga County, the governing body of the City of Prattville is hereby authorized to adopt ordinances to protect the historic architectural character of the city in the manner hereinafter prescribed.
(b) The governing body of the city may dedicate as an historic district any section of the city having an overall atmosphere of architectural and historic distinction. A single structure may be designated as an historic district.
(c) An historic development commission with the following membership, duties and powers may be created by the city governing body.
(1) The commission shall be composed of no less than 11 members who shall be selected by the city governing body in such a manner as to serve overlapping terms, Except for the first members, their terms shall be four years.
(2) The commission shall operate under a constitution as adopted by the commission and approved by the city governing body.
(3) The commission shall have as its purposes all of the following:
a. The preservation and protection of buildings of historic and architectural value in the historic districts, as defined in subsection (b), and the maintenance of the distinctive character of these districts.
b. The fostering and encouraging of the preservation, restoration, and utilization of buildings of historic and architectural value in the historic districts.
c. The development and promotion of historic districts as major tourist attractions of historic and economic value.
(4) It shall be the duty of the commission to exercise such powers as the commission shall deem necessary and fitting to carry out the above stated purposes.
(d) An architectural review board with the following membership, duties, and powers may be created by the city governing body:
(1) The board shall be composed of seven members. The seven members shall be selected by the city governing body to serve overlapping terms and shall all have voting rights. The initial members shall be appointed for the following terms: Two members shall be appointed for a term of one year; two members shall be appointed for a term of two years; and three members shall be appointed for a term of three years. Except for the first members appointed by the city, their terms shall be four years.
(2) The board shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record. Meetings shall be held at regular intervals, but at least monthly. Subject to the approval of the governing body of the city, the board may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law as govern other civil employees of the city. The board may also contract with architects and other professional and technical consultants for such services as it may require. The expenditures of the board, exclusive of gifts or grants, shall be within the amounts appropriated for the purpose by the city governing body, which shall provide the funds, equipment, and accommodations necessary for the board’s work.
(3) It shall be the duty of the board to recommend, approve, or disapprove plans for buildings to be erected or renovated which are located or are to be located within the historic districts.
(e) The city governing body shall prescribe the procedure for the review of building plans for any building to be erected or renovated which is located or is to be located in the designated historic districts, including rules governing decisions of the architectural review board and the procedure for appeal from decisions of the board.
(f) The city governing body may adopt such other regulations as are necessary to effect the purposes of this section.
","history":"(Acts 1986, No. 86-409, p. 597, §§1-6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42344,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41428,"codeId":32575,"versionId":null,"parentId":32572,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"3","shortTitle":"Part 3","catchLine":"Police Jurisdiction.","title":"Part 3 Police Jurisdiction.","sectionRange":"§45-1A-42","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42345,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41429,"codeId":33492,"versionId":27827,"parentId":32575,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-42","shortTitle":"Section 45-1A-42","catchLine":"Police Jurisdiction in Prattville and Millbrook.","title":"Section 45-1A-42 Police Jurisdiction in Prattville and Millbrook.","sectionRange":null,"content":"(a) Except as provided in subsection (b), the police jurisdiction of the City of Prattville outside of the corporate limits of the city shall not include any territory in Elmore County; nor shall the City of Prattville exercise police powers or taxing powers outside of the corporate limits in the police jurisdiction of the City of Prattville in any territory in Elmore County or over or on any person or property or business, trade, or profession outside of the corporate limits of the City of Prattville in Elmore County; nor shall the City of Prattville levy, fix, or collect any license or fee of any kind outside of the corporate limits in the police jurisdiction of the City of Prattville in any territory in Elmore County; nor shall any ordinance of the City of Prattville enforcing police or sanitation regulations or prescribing fines or penalties for violations thereof have any force or effect outside of the corporate limits in the police jurisdiction of the City of Prattville in any territory in Elmore County.
(b) This section shall have no force or effect on lands in Elmore County West of the East right-of-way of Interstate 65 in Elmore County.
","history":"(Act 2000-471, p. 895, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42346,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41430,"codeId":32576,"versionId":null,"parentId":32572,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"4","shortTitle":"Part 4","catchLine":"Taxation.","title":"Part 4 Taxation.","sectionRange":"§45-1A-43","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42347,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41431,"codeId":33493,"versionId":47685,"parentId":32576,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-43","shortTitle":"Section 45-1A-43","catchLine":"Sales and Use Tax Rates in Prattville; Disposition of Funds.","title":"Section 45-1A-43 Sales and Use Tax Rates in Prattville; Disposition of Funds.","sectionRange":null,"content":"(a) Notwithstanding any provision of law to the contrary, in addition to all other taxes, including, but not limited to, municipal gross receipts license taxes, there is hereby levied in those portions of the City of Prattville that are located in Elmore County an additional general sales and use tax in an amount necessary to equalize the general sales and use tax in all of the City of Prattville. Provided, however, the additional general sales and use tax levied in this section shall not apply to automobiles, manufacturing machinery, farm machinery, or vending sales.
(b) The tax levied by this section shall be collected at the same time and in the same manner as other Elmore County sales and use taxes and the proceeds shall be distributed by the first day of each month as follows:
(1) Fifty percent to the Elmore County General Fund.
(2) Fifty percent to the City of Prattville General Fund.
(c) The balance remaining on March 1, 2022, in the special fund established pursuant to Act 2003-435 in the Elmore County General Fund to be used for improvements within the area subject to the tax shall be expended as follows:
(1) Fifty percent shall be distributed to the City of Prattville no later than April 30, 2022.
(2) Fifty percent shall be used by the Elmore County Commission for capital improvements or other investments for economic development purposes in those portions of the City of Prattville that are located in Elmore County. The county commission may not expend these funds until the county commission notifies the Prattville City Council of the intended expenditures. Any of the funds described in this subdivision that remain unexpended by the county commission on September 30, 2024, shall immediately thereafter be remitted as follows:
a. Fifty percent to the City of Prattville.
b. Fifty percent to the Elmore County General Fund.
(d)(1) The special fund in the Elmore County General Fund established pursuant to Act 2003-435 to be used for improvements within the area subject to the tax shall be abolished upon the expenditure of all remaining funds pursuant to subdivision (c)(2), but in no event later than October 31, 2024.
(2) The special fund in the City of Prattville General Fund established pursuant to Act 2003-435 to be used for improvements within the area subject to the tax is abolished.
","history":"(Act 2003-267, p. 643, §§1, 2; Act 2003-435, 2003 3rd Sp. Sess., p. 1247, §1; Act 2022-49, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42348,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41432,"codeId":32577,"versionId":null,"parentId":32391,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Robinson Springs.","title":"Article 5 Robinson Springs.","sectionRange":"§45-1A-50","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42349,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41433,"codeId":33494,"versionId":27829,"parentId":32577,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-50","shortTitle":"Section 45-1A-50","catchLine":"Reserved.","title":"Section 45-1A-50 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42350,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41434,"codeId":32578,"versionId":null,"parentId":32391,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"Vernon.","title":"Article 6 Vernon.","sectionRange":"§45-1A-60","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42351,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41435,"codeId":33495,"versionId":27830,"parentId":32578,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-60","shortTitle":"Section 45-1A-60","catchLine":"Reserved.","title":"Section 45-1A-60 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42352,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41436,"codeId":32579,"versionId":null,"parentId":32391,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"Washington.","title":"Article 7 Washington.","sectionRange":"§45-1A-70","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42353,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41437,"codeId":33496,"versionId":27831,"parentId":32579,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-1A-70","shortTitle":"Section 45-1A-70","catchLine":"Reserved.","title":"Section 45-1A-70 Reserved.","sectionRange":null,"content":"","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42354,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41438,"codeId":32392,"versionId":null,"parentId":32100,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"Baldwin County.","title":"Chapter 2 Baldwin County.","sectionRange":"§45-2-10 to §45-2-262","content":null,"history":null,"numChildren":26,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42355,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41439,"codeId":32580,"versionId":null,"parentId":32392,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General and Miscellaneous Provisions.","title":"Article 1 General and Miscellaneous Provisions.","sectionRange":"§45-2-10 to §45-2-11","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42356,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41440,"codeId":32581,"versionId":null,"parentId":32580,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"1","shortTitle":"Part 1","catchLine":"Disclaimer.","title":"Part 1 Disclaimer.","sectionRange":"§45-2-10","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42357,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41441,"codeId":33497,"versionId":27832,"parentId":32581,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-10","shortTitle":"Section 45-2-10","catchLine":"Disclaimer.","title":"Section 45-2-10 Disclaimer.","sectionRange":null,"content":"(a) This chapter endeavors to add to the Code of Alabama 1975, all Baldwin County local laws enacted after 1978 and all Baldwin County prior local laws that were amended or affected by a local law enacted after 1978.
(b) It is the purpose of this chapter to state current applicable law. To this end:
(1) This chapter shall not affect the compensation, terms, pension and retirement benefits and rights, and other benefits and rights otherwise provided by law enacted prior to the codification of this chapter.
(2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable.
(3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment.
(4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. This inclusion or exclusion of a law in this chapter is an implication, inference, or presumption affecting the validity of that law.
(5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application.
(c)(1) The classification and organization of this chapter, the parts, subparts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom.
(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
","history":null,"numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42358,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41442,"codeId":32582,"versionId":null,"parentId":32580,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"2","shortTitle":"Part 2","catchLine":"Boundaries.","title":"Part 2 Boundaries.","sectionRange":"§45-2-11","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42359,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41443,"codeId":33498,"versionId":27833,"parentId":32582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-11","shortTitle":"Section 45-2-11","catchLine":"Boundary Between Baldwin and Mobile Counties.","title":"Section 45-2-11 Boundary Between Baldwin and Mobile Counties.","sectionRange":null,"content":"(a) The boundary between Mobile County and Baldwin County is hereby defined as follows, to wit:
Beginning at a point at the three mile limit in the Gulf of Mexico, said point designated by Alabama State Coordinates, North 53,249.34, East 330,549.12; thence on a grid bearing and distance of N. 0° 12′29.8″ E., 27,750.84 feet to a point in the center of the existing ship channel between Fort Morgan and Dauphin Island; thence on a grid bearing and distance, N. 5°59′52.32″ E., 113, 115.77 feet to a point of intersection with the arc of a curve, said curve having a radius point with grid coordinates of, North 188,705.16, East 348,236.48, said curve having a central angle of 7°00′31.74″, and a radius of 7,497.60 feet; thence along the arc of said curve to the right 917.16 feet to the point of reverse curvature of a curve to the left having a radius of 6,758.40 feet; thence along the arc of said curve to the left 5,238.49 feet to the point of tangency; thence on a grid bearing and distance of N. 2°19′11.76″ E., 27,516.37 feet to the point of curvature of a curve to the left having a radius of 82,375.03 feet; thence along the arc of said curve to the left 9,468.04 feet to the point of compound curvature of a curve to the left having a radius of 5,280.00 feet; thence along the arc of said curve to the left 6,149.77 feet to the point of tangency; thence on a grid bearing and distance of N. 75°38′21.96″ W., 686.40 feet to the point of curvature of a curve to the right having a radius of 1,372.80 feet; thence along the arc of said curve to the right 2,558.58 feet to a point in the center of the Tensaw River; thence northwardly along the center of the junction of the Tensaw River and the Spanish River to a point in the center of the Spanish River, thence northwardly along the meanders of the center of the Spanish River to its junction with the center of the Mobile River; thence continuing northwardly along the meanders of the center of Mobile River to its junction with Little Lizzard Creek; thence northeastwardly along the meanders of the center line of said Little Lizzard Creek to its junction with Middle River; thence northwardly along the meanders of the center line of said Middle River to its junction with the Tensaw River; thence northwardly along the meanders of the center line of said Tensaw River to its junction with the Alabama River and the Tombigbee River; thence northwardly along the meanders of the center line of the Tombigbee River to its intersection with the Washington County Boundary Line in Fractional Section 6, Township North, Range 1 East.
(b) That the South boundary of Mobile County, Alabama, from the West boundary of Baldwin County to the East boundary of Jackson County, Mississippi, is herby defined as follows:
Beginning at a point on the Alabama three mile limit in the Gulf of Mexico south of Fort Morgan, said point being designated by Alabama State Coordinates North 53,249.34, East 330,549.12; thence westwardly along said Alabama three mile limit in the Gulf of Mexico to the boundary line between the State of Alabama and the State of Mississippi.
(c) That the South boundary of Baldwin County, Alabama, from the East boundary of Mobile County to the West boundary of Escambia County, Florida, is hereby defined as follows:
Beginning at a point on the Alabama three mile limit in the Gulf of Mexico south of Fort Morgan, said point being designated by Alabama State Coordinates North 53,249.34, East 330,549.12; thence eastwardly along said Alabama three mile limit in the Gulf of Mexico to the east boundary line between the State of Alabama and the State of Florida.
","history":"(Act 83-533, p. 831, §1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42360,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41444,"codeId":32583,"versionId":null,"parentId":32392,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Alcoholic Beverages.","title":"Article 2 Alcoholic Beverages.","sectionRange":"§45-2-20 to §45-2-22.12","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42361,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41445,"codeId":32584,"versionId":null,"parentId":32583,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"1","shortTitle":"Part 1","catchLine":"Conduct Prohibited in Licensed Estabishments.","title":"Part 1 Conduct Prohibited in Licensed Estabishments.","sectionRange":"§45-2-20 to §45-2-20.03","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42362,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41446,"codeId":33499,"versionId":27834,"parentId":32584,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-20","shortTitle":"Section 45-2-20","catchLine":"Legislative Findings.","title":"Section 45-2-20 Legislative Findings.","sectionRange":null,"content":"The Legislature finds that nudity, sexual conduct, and the depiction or simulation thereof in conjunction with the furnishing of alcoholic beverages in public places is contrary to the safety, health, and morals of the inhabitants of Baldwin County, Alabama, and is desirous of prohibiting such conduct. This part is therefore enacted pursuant to the authority granted in Article IV, Section 104 of the Constitution of Alabama of 1901, that allows local legislation to regulate or prohibit alcoholic beverage traffic and as otherwise granted in the Constitution of Alabama of 1901.
","history":"(Act 96-458, p. 572, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42363,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41447,"codeId":33500,"versionId":27835,"parentId":32584,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-20.01","shortTitle":"Section 45-2-20.01","catchLine":"Definitions.","title":"Section 45-2-20.01 Definitions.","sectionRange":null,"content":"The following words, terms, and phrases shall have the following meanings:
(1) PERSON. Any natural person, firm, association, joint venture, partnership, corporation, or any other entity.
(2) LICENSED ESTABLISHMENT. Any business operating pursuant to a license issued by the Alabama Alcoholic Beverage Control Board within an unincorporated area of Baldwin County, Alabama, which sells, serves, or dispenses alcoholic beverages or otherwise allows the consumption of alcoholic beverages on the premises.
","history":"(Act 96-458, p. 572, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42364,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41448,"codeId":33501,"versionId":27836,"parentId":32584,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-20.02","shortTitle":"Section 45-2-20.02","catchLine":"Prohibited Entertainment, Attire, and Conduct.","title":"Section 45-2-20.02 Prohibited Entertainment, Attire, and Conduct.","sectionRange":null,"content":"The following types of entertainment, attire, and conduct are prohibited upon any premises of a licensed establishment within the unincorporated area of Baldwin County.
(1) The employment or use of any person, in any capacity, in the sale or service of alcoholic beverages while the person is unclothed or in such attire, costume, or clothing, as to expose to view any portion of the female breast below the top of the areola, or of any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(2) Live entertainment where any person appears in the manner described in subdivision (1) or where the person perform, or the person performs, acts of or acts which simulate any of the following:
a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual act which is prohibited by law.
b. The caressing or fondling of the breasts, buttocks, anus, or genitals.
c. The displaying of the male or female pubic hair, anus, vulva, or genitals.
(3) The holding, promotion, sponsoring, or allowance of any contest, promotion, special night, event, or any other activity where patrons of the licensed establishment are encouraged or allowed to engage in any of the conduct described in subdivisions (1) and (2); provided, however, that nothing contained in this section shall apply to the premises of any performance house, museum, or theater which derives less than 20 percent of its gross annual income from the sale of alcoholic beverages.
","history":"(Act 96-458, p. 572, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42365,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41449,"codeId":33502,"versionId":27837,"parentId":32584,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-20.03","shortTitle":"Section 45-2-20.03","catchLine":"Violations.","title":"Section 45-2-20.03 Violations.","sectionRange":null,"content":"(a) Any person violating any provision of this part shall upon conviction be punished by a fine of not less than one dollar ($1) nor more than five hundred dollars ($500) and may also be imprisoned in the county jail for a period of not more than six months at the discretion of the court trying the case.
(b) Any licensed establishment which knowingly allows any person to violate any provision of this part on the premises of a licensed establishment shall also be subject to being prosecuted and punished under the general statutes of this state as if the violator were operating without a valid Alcoholic Beverage Control Board license.
","history":"(Act 96-458, p. 572, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42366,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41450,"codeId":32585,"versionId":null,"parentId":32583,"effectiveDate":null,"supersessionDate":null,"type":"Part","displayId":"2","shortTitle":"Part 2","catchLine":"Sunday Sales.","title":"Part 2 Sunday Sales.","sectionRange":"§45-2-21 to §45-2-21.38","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42367,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41451,"codeId":32586,"versionId":null,"parentId":32585,"effectiveDate":null,"supersessionDate":null,"type":"Subpart","displayId":"1","shortTitle":"Subpart 1","catchLine":"Off-Premises Consumption.","title":"Subpart 1 Off-Premises Consumption.","sectionRange":"§45-2-21 to §45-2-21.08","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":42368,"hierarchyLevel":4,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41452,"codeId":33503,"versionId":27838,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21","shortTitle":"Section 45-2-21","catchLine":"Applicability - Locality.","title":"Section 45-2-21 Applicability - Locality.","sectionRange":null,"content":"This subpart applies only to Baldwin County.
","history":"(Act 2003-236, p. 585, §1; Act 2003-238, p. 590, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42369,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41453,"codeId":33504,"versionId":27839,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21.01","shortTitle":"Section 45-2-21.01","catchLine":"Applicability - Subject Matter.","title":"Section 45-2-21.01 Applicability - Subject Matter.","sectionRange":null,"content":"This subpart shall apply to the sale of alcoholic beverages for off-premises consumption on Sunday of certain licensees of the Alcoholic Beverage Control Board of the State of Alabama.
","history":"(Act 2003-236, p. 585, §2; Act 2003-238, p. 590, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42370,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41454,"codeId":33505,"versionId":27840,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21.02","shortTitle":"Section 45-2-21.02","catchLine":"Referendum - Authorized.","title":"Section 45-2-21.02 Referendum - Authorized.","sectionRange":null,"content":"The governing bodies of municipalities within the county, may, by resolution, call for a referendum within the corporate limits of the municipality to determine if the sale of alcoholic beverages for off-premises consumption on Sunday will be allowed under the same authority applicable to other days of the week within the corporate limits of the municipality.
","history":"(Act 2003-236, p. 585, §3; Act 2003-238, p. 590, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42371,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41455,"codeId":33506,"versionId":27841,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21.03","shortTitle":"Section 45-2-21.03","catchLine":"Referendum - Procedures; Districts; Notification; Exclusion of Incorporated Areas; Approval in Incorporated Areas.","title":"Section 45-2-21.03 Referendum - Procedures; Districts; Notification; Exclusion of Incorporated Areas; Approval in Incorporated Areas.","sectionRange":null,"content":"(a) Any county commission district, or areas within a district to be defined by the county commission, may hold a referendum administered by the Judge of Probate of Baldwin County for the approval of the sale of alcoholic beverages for off-premises consumption within those areas on Sunday under the same license authority applicable to other days of the week by one of the following procedures:
(1) A resolution of the county commission.
(2) A petition for a referendum certified by the Judge of Probate of Baldwin County consisting of at least 10 percent of the registered voters at any date within six months prior to the certification of the petition in the county commission district or the defined areas of that county commission district.
(b) County commission districts shall be those areas defined by law at the time of the referendum. Subsequent changes in county commission district boundaries shall not affect the results of any referendum held prior to those changes in any county commission district or area and the results of any referendum shall remain in place for those areas.
(c) Areas within a particular county commission district to be defined by the county commission as a referendum area shall coincide with county voting precinct boundaries and shall not be smaller than an individual precinct, except where an individual precinct contains incorporated areas, in which case that portion of the precinct which is not incorporated shall constitute all or part of the referendum area to be defined by the county commission.
(d) If the county commission calls a district-wide referendum, notification shall be delivered to the governing bodies of all incorporated areas within that district within five working days.
(e) Incorporated areas may be excluded from any referendum by resolution of the governing bodies of those areas delivered to the county commission within 21 days from the notification of the call for a referendum.
(f) Where these procedures result in a district-wide referendum, if a majority of voters in any incorporated area approve the sale of alcoholic beverages for off-premises consumption on Sunday under the same license authority applicable to other days of the week, then the sale of alcoholic beverages for off-premises consumption shall be permitted in those areas incorporated regardless of the total district’s vote.
","history":"(Act 2003-236, p. 585, §4; Act 2003-238, p. 590, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42372,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41456,"codeId":33507,"versionId":27842,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21.04","shortTitle":"Section 45-2-21.04","catchLine":"Referendum - Powers of Governing Body.","title":"Section 45-2-21.04 Referendum - Powers of Governing Body.","sectionRange":null,"content":"The governing body in the jurisdiction of the referendum shall have the authority to establish hours of sale and other provisions of the referendum necessary to implement this subpart.
","history":"(Act 2003-236, p. 585, §5; Act 2003-238, p. 590, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42373,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41457,"codeId":33508,"versionId":27843,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21.05","shortTitle":"Section 45-2-21.05","catchLine":"Referendum - Timing Costs.","title":"Section 45-2-21.05 Referendum - Timing Costs.","sectionRange":null,"content":"A referendum provided for by this subpart shall be held not less than 60 days from the date of the local authorization and not more than 120 days from the date of the local authorization. The referendum shall be held at the next regular election or at a special election called by the governing bodies of the municipalities holding the referendum, or by the county commission. The governing body or the county commission calling the referendum shall pay the costs associated with the referendum.
","history":"(Act 2003-236, p. 585, §6; Act 2003-238, p. 590, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42374,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41458,"codeId":33509,"versionId":27844,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21.06","shortTitle":"Section 45-2-21.06","catchLine":"Referendum - Ballot.","title":"Section 45-2-21.06 Referendum - Ballot.","sectionRange":null,"content":"The question on the ballot shall be:
“Do you favor approving the sale of alcoholic beverages for off-premises consumption on Sunday under the same license authority applicable to other days of the week on the premises of establishments, including, but not limited to: Restaurants, hotels, premises of golf courses, lounges, retail beer licenses, and other licensed premises of licensees of the Alcoholic Beverage Control Board of the State of Alabama as currently defined by Title 28 of the Code of Alabama 1975, as of September 1, 2003, and by the establishments hereafter licensed? Yes _____ No ____.”
","history":"(Act 2003-236, p. 585, §7; Act 2003-238, p. 590, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42375,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41459,"codeId":33510,"versionId":27845,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21.07","shortTitle":"Section 45-2-21.07","catchLine":"Subsequent Referendum.","title":"Section 45-2-21.07 Subsequent Referendum.","sectionRange":null,"content":"A referendum for any area held pursuant to this subpart which fails to win approval for the sale of alcoholic beverages for off-premises consumption on Sunday in that area shall not be followed by a subsequent referendum applicable to the same area in less than 24 months.
","history":"(Act 2003-236, p. 585, §8; Act 2003-238, p. 590, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42376,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"},{"id":41460,"codeId":33511,"versionId":27846,"parentId":32586,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"45-2-21.08","shortTitle":"Section 45-2-21.08","catchLine":"Construction.","title":"Section 45-2-21.08 Construction.","sectionRange":null,"content":"This subpart shall be construed together with all other existing laws not in conflict with this subpart relating to the sale of alcoholic beverages in Baldwin County including, but not limited to, subpart 2.
","history":"(Act 2003-236, p. 585, §9; Act 2003-238, p. 590, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":42377,"hierarchyLevel":5,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:12.000Z"}]