Code of Alabama - Title 45: Local Laws - Chapter 30 - Franklin County

• Article 1 General and Miscellaneous Provisions.
• Part 1 Disclaimer.
• Section 45-30-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Franklin County local laws enacted after 1978 and all Franklin County prior...
• Part 2 Compensation.
• Section 45-30-11 Jury Commission; board of registrars; board of equalization
  (a) In Franklin County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to...
• Article 2 Alcoholic Beverages.
• Section 45-30-20 Reserved
• Article 3 Boards and Commissions.
• Section 45-30-30 Reserved
• Article 4 Business, Labor, and Occupations.
• Section 45-30-40 Reserved
• Article 5 Constables.
• Section 45-30-50 Qualifications; expenses
  (a) This section shall apply only to Franklin County. (b) Each constable, elected or appointed after August 1, 2001, shall have attended and completed a...
• Article 6 Coroner.
• Section 45-30-60 Expense allowance
  The Coroner in Franklin County shall be entitled to an expense allowance of one hundred seventy-five dollars ($175) per month which shall be payable from...
• Article 7 County Commission.
• Section 45-30-70 Duties; expense allowance
  The members and the Chair of the Board of the Franklin County Commission have had added to their responsibilities the duty and obligation to maintain...
• Section 45-30-70.01 Construction and maintenance of certain driveways, gravel roads, school bus turnarounds
  (a) The Franklin County Commission is authorized and empowered to construct and maintain driveways for schools, churches, and church owned cemeteries, and school bus turnarounds...
• Article 8 Courts.
• Part 1 Court Costs.
• Section 45-30-80 Docket fee
  (a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Franklin County, a docket fee, hereinafter referred...
• Part 2 District Attorneys.
• Section 45-30-81 Investigators
  The District Attorney of the Thirty-fourth Judicial Circuit, composed of Franklin County, may appoint a chief investigator and from time to time additional investigators. The...
• Part 3 Probate Court.
• Division 1 Compensation.
• Section 45-30-82 Compensation; expense allowance
  (a) In Franklin County, the judge of probate shall receive as compensation a salary in an amount equal to that received by the circuit judge,...
• Division 2 Recording System.
• Section 45-30-82.20 Purpose
  This subpart applies only in Franklin County. The purpose of this subpart is to facilitate the use of public records in property transactions in Franklin...
• Section 45-30-82.21 Definitions
  The following words and phrases, including the plural of any thereof, whenever used in this subpart, shall have the following respective meanings: (1) GENERAL PROPERTY...
• Section 45-30-82.22 Installation and maintenance
  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...
• Section 45-30-82.23 Official record of instruments
  Following the effective installation date, real property instruments, personal property instruments, and other documents and records provided herein to be recorded, archived, and retrieved with...
• Section 45-30-82.24 Relation to other laws
  All laws of Alabama with respect to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and other instruments and...
• Section 45-30-82.25 Payment of costs
  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...
• Section 45-30-82.26 Special recording fee - Real property, personal property, and UCC instruments
  Effective September 16, 1997, a special recording and filing fee of five dollars ($5) shall be paid to and collected by its judge of probate,...
• Section 45-30-82.27 Special recording fee - Probate court cases
  Effective September 16, 1997, a special recording fee of ten dollars ($10) shall be paid to and collected by the judge of probate with respect...
• Section 45-30-82.28 Special transaction fee
  Effective September 16, 1997, a special transaction fee of two dollars ($2) shall be paid to and collected by its judge of probate with respect...
• Section 45-30-82.29 Disposition of funds
  Effective September 16, 1997, any and all revenues generated either directly or indirectly due to the use of or access to the improved recording, archiving,...
• Article 9 Economic and Industrial Development and Tourism.
• Section 45-30-90 Franklin County Community Development Commission; Community Development Fund
  (a) There is hereby created the Franklin County Community Development Commission which shall be authorized to receive and by majority vote to distribute any funds...
• Section 45-30-90.01 Distribution of proceeds from severed material severance tax
  In Franklin County, any funds in the severed material severance tax fund remitted to the county pursuant to Section 40-13-58, for economic development, shall be...
• Article 10 Education.
• Part 1 Employees.
• Section 45-30-100 Compensation of employees incapacitated on the job
  (a) This section shall only apply to Franklin County. (b) When used in this section, the following terms shall have the following meanings, respectively: (1)...
• Part 2 Scholarship Program.
• Section 45-30-101 Established; Franklin County Educational Board Account
  There shall be established a scholarship program for the benefit of residents of Franklin County. The revenue derived from the county tax levied by Subpart...
• Section 45-30-101.01 Franklin County Educational Board
  (a) The Franklin County Educational Board is created to administer this part. (b) The board shall consist of 11 members. The county superintendent of education,...
• Section 45-30-101.02 Eligibility
  To be eligible to receive a scholarship adopted pursuant to Subpart 1, Part 6, Article 24, as amended in 1998, a person shall meet the...
• Section 45-30-101.03 Awarding of scholarships; conditions
  (a) Commencing with the 1998-1999 academic year, the board may award from the Franklin County Educational Board Account as many scholarships for each school year...
• Section 45-30-101.04 Funds
  (a) Each scholarship awarded pursuant to this part shall only be used for a student’s tuition at an in-state institution of higher learning. (b) Scholarship...
• Part 3 Superintendent of Education.
• Section 45-30-102 Election of superintendent
  (a) The Legislature finds that Amendment 578 to the Constitution of Alabama of 1901, was approved by an overwhelming majority of the voters of Franklin...
• Part 4 Volunteer Security Force.
• Section 45-30-103 Formation of volunteer emergency security forces; training and supervision
  (a) Upon a determination by the principal of any Franklin County public K-12 school that the safety of the students at the school is not...
• Article 11 Elections.
• Part 1 Board of Registrars.
• Section 45-30-110 Expense allowance
  (a) In Franklin County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to...
• Section 45-30-110.01 Office hours
  (a) The Franklin County Board of Registrars shall be available at the county courthouse, or at other locations provided by law, for the registration and...
• Part 2 Election Officials.
• Section 45-30-111 Compensation
  Each election official of Franklin County shall receive twenty dollars ($20) per day for the performance of his or her official duties and five dollars...
• Section 45-30-112 Establishment of voting centers
  (a) Pursuant to the authorization under Section 17-6-4(c), the Franklin County Commission may establish voting centers by combining voters from two or more precincts in...
• Article 12 Employees.
• Section 45-30-120 Reserved
• Article 13 Engineer, County.
• Section 45-30-130 Reserved
• Article 14 Fire Protection and Emergency Medical Services.
• Section 45-30-140 Applicability
  This article shall apply only in Franklin County.
• Section 45-30-140.01 Legislative findings
  The Legislature declares that volunteer fire districts which receive funds pursuant to this article are organizations which are public in nature as they protect the...
• Section 45-30-140.02 Establishment of volunteer fire districts
  The Franklin County Commission may establish one or more volunteer fire districts within the geographic boundaries of the county. No land lying within the boundaries...
• Section 45-30-140.03 Existing and new volunteer fire districts; certification
• Section 45-30-140.04 Fire protection service fee - Referendum
  (a) The qualified electors of a fire district may file a petition, signed by at least 50 registered voters in the fire district, with the...
• Section 45-30-140.05 Fire protection service fee - Approval; construction and application; subsequent referenda
  (a) If a majority of the votes cast at the election are affirmative votes, the fire protection service fee on each residence, dwelling, and business...
• Section 45-30-140.06 Fire protection service fee - Homestead exemption for persons with a disability over age 65
  Any person who meets the requirements of Sections 40-9-19 and 40-9-21 for the over 65 disability special homestead exemption shall be exempt from paying the...
• Section 45-30-140.07 Fire protection service fee - Collection and disposition
  (a) The fire protection service fee shall be collected with taxes and shall be collected, administered, and enforced as closely as possible at the same...
• Section 45-30-140.08 Election procedures
  (a) The election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing returns at...
• Section 45-30-140.09 Transfer of funds upon dissolution or abandonment of eligible volunteer fire district
  Upon dissolution or abandonment of any eligible volunteer fire district, any remaining funds derived from this article or any assets purchased with the funds derived...
• Section 45-30-140.10 Exemption from taxes, fees, etc
  A fire district shall be exempt from all taxes levied by any county, municipality, or other political subdivision of the state, including, but not limited...
• Section 45-30-140.11 Status and liability of personnel
  The personnel of volunteer fire districts provided for in this article may not be considered as employees, servants, or agents of the county and the...
• Section 45-30-140.12 Construction; powers to set district lines
  This article is supplemental and may not be construed to repeal any law not in conflict with this article. The county commission of Franklin County...
• Article 15 Gambling.
• Section 45-30-150 Reserved
• Article 16 Government Operations.
• Section 45-30-160 Distribution of Tennessee Valley Authority payments in lieu of taxes
  In Franklin County, the payments made to the county commission as authorized in Section 40-28-2, shall be distributed by the county commission as follows: (1)...
• Article 17 Health and Environment.
• Section 45-30-170 Establishment, collection, and disposition of fees
  (a) The county Board of Health of Franklin County, which is a part of the Northwest Alabama Regional Health Department, is hereby authorized to recommend...
• Article 18 Highways and Bridges.
• Section 45-30-180 Reserved
• Article 19 Legislature.
• Section 45-30-190 Reserved
• Article 20 Licenses and Licensing.
• Section 45-30-200 Reserved
• Article 21 Motor Vehicles and Transportation.
• Section 45-30-210 Prohibition against use of artificial light from motor vehicle to locate wildlife
  (a) In Franklin County, it shall be unlawful for any person or group of persons to willfully throw or cast, or cause to be thrown...
• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Section 45-30-220 Reserved
• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-30-230 Expense allowance; salary
  (a) This section shall be operative in Franklin County. (b) Commencing on June 1, 1995, the Sheriff of Franklin County shall be entitled to an...
• Part 2 Jails.
• Section 45-30-231 Pay telephones and vending machines
  (a) The Sheriff of Franklin County, Alabama, may retain the funds accruing from the pay telephones and vending machines located in the county jail in...
• Section 45-30-231.01 Jail store
  (a) The Sheriff of Franklin County, or the authorized agents of the sheriff, may operate a jail store for prisoners within the confines of the...
• Part 3 Pistol Permit.
• Section 45-30-232 Fee; disposition of funds
  In Franklin County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as...
• Part 4 Retirement.
• Section 45-30-233 Receipt of badge, pistol, etc., upon retirement
  (a) Any individual employed by the Franklin County Sheriff’s Office as a law enforcement officer for a period of 10 years or more who retires...
• Part 5 Work Release.
• Section 45-30-234 Work release program
  (a) This section shall apply to Franklin County. (b)(1) BOARD. The Franklin County Work Release Board, which shall be composed of the following members: The...
• Article 24 Taxation.
• Part 1 Revenue Commisioner.
• Division 1 Employees.
• Section 45-30-240 Clerks
  (a) In Franklin County, the tax assessor, tax collector, and judge of probate each are hereby authorized to appoint not less than one clerk and...
• Division 2 Motor Vehicle License Division.
• Section 45-30-240.20 Creation; branch office
  There is hereby created within the tax assessor’s office in Franklin County, Alabama, a license division which shall issue all motor vehicle licenses and titles...
• Section 45-30-240.21 Duties; collection of monies
  The tax assessor shall perform all duties relating to the issuing of licenses on motor vehicles in the county which have heretofore been performed by...
• Section 45-30-240.22 Recordkeeping
  The tax assessor shall keep at all times an accurate record of all motor vehicle licenses received by him or her from the Comptroller and...
• Section 45-30-240.23 Voiding of license for invalid payment
  In cases where a personal check given for a license is found to be noncollectible for any reason, the tax assessor shall notify the license...
• Section 45-30-240.24 Payment of tax required for issuance of license
  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...
• Section 45-30-240.25 Assessment
  Before any vehicle can be assessed, the tax assessor shall be furnished the tag number presently on the vehicle unless such vehicle is new, in...
• Section 45-30-240.26 Renewal by mail; mail order fee
  The tax assessor, at his or her discretion, may mail an application for renewal of licenses to whom such license has been previously issued, such...
• Division 3 Office Established.
• Section 45-30-240.50 Consolidation of offices and duties
  (a) On September 30, 1997, or upon occurrence of a vacancy in either the office of tax assessor or tax collector, there shall be a...
• Division 4 Operation of Office.
• Section 45-30-240.70 Budgetary operations and functions
  (a) The Tax Assessor of Franklin County is hereby authorized to take the necessary action to merge the budgetary operations and functions of his or...
• Section 45-30-240.71 Disposition of proceeds
  In order that Franklin County might be able to purchase and maintain a unified and modern computerized system for county records, the proceeds from that...
• Section 45-30-240.72 Maintenance of records; public access
  (a) As used in this section public officer means the Tax Assessor and the Revenue Commissioner of Franklin County. (b) Every public officer having custody...
• Section 45-30-240.73 Tax sales, redemption duties transferred
  (a) This section shall apply only in Franklin County. (b) All duties, responsibilities, and liabilities regarding real property sales for failure to pay taxes and...
• Part 2 Tax, Gasoline.
• Section 45-30-241 Definitions
  For the purposes of this part, the following terms shall have the respective meaning ascribed by this section: (1) COUNTY. Franklin County. (2) DISTRIBUTOR. Any...
• Section 45-30-241.01 Levy and payment of tax
  The Franklin County Commission is hereby authorized to levy, in addition to all other taxes imposed by law, an excise tax on persons selling, distributing,...
• Section 45-30-241.02 Statement of sales and withdrawals
  On or before the 20th day of each month after this part has become effective, every person upon whom the excise tax is levied shall...
• Section 45-30-241.03 Recordkeeping
  All distributors, storers, and retail dealers shall keep for not less than two years within the State of Alabama at some certain place or office...
• Section 45-30-241.04 Reports to the commission
  Within 30 days after the effective date of the levy of the tax authorized by this part, every distributor, storer, or retail dealer engaged in...
• Section 45-30-241.05 Enforcement
  It shall be the duty of the County Commission of Franklin County to enforce this part upon its imposing the tax thereunder, and it shall...
• Section 45-30-241.06 Delinquency of payment of tax
  If any distributor, storer, or retail dealer in gasoline or motor fuel shall fail to make monthly reports or shall fail to pay the tax...
• Section 45-30-241.07 Actual payment deemed a credit against amount due
  The acceptance of any amount paid for the excise tax imposed under this part shall not preclude the collection of the amount actually due. However,...
• Section 45-30-241.08 Violations
  Any distributor, storer, or dealer who shall violate any provisions of this part or shall fail to comply with any reasonable rule or regulation promulgated...
• Section 45-30-241.09 Report of shipments
  Each agent or any railroad company, bus or truck operator, or other transportation company or agency operating in Franklin County shall report to the County...
• Section 45-30-241.10 Disposition of funds
  The proceeds of any tax received under authority of this part shall be paid over by the county within 10 days after its receipt to...
• Part 3 Tax, Lodging.
• Section 45-30-242 Levy of tax; collection and disposition
  (a) This section shall be applicable only to Franklin County. (b) The county commission is authorized to levy, in addition to all other taxes of...
• Part 4 Tax, Oil and Gas Severance.
• Section 45-30-243 Disposition of privilege tax on production
  The proceeds of the oil and gas severance tax provided by Sections 40-20-1 to 40-20-13, inclusive, which are distributed to the county General Fund of...
• Part 5 Tax, Sales and Use, Automobiles.
• Section 45-30-244 Levy of tax; collection and disposition
  (a) The Franklin County Commission shall levy and impose in the county, in addition to all other taxes of every kind now imposed by law...
• Part 6 Tax, Tobacco.
• Division 1 1963 Tax.
• Section 45-30-245 Levy of tax
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-30-245.01 Addition of tax to purchase price
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-30-245.02 Tobacco stamps
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-30-245.03 Rules and regulations
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-30-245.04 Application of laws, rules, and regulations
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-30-245.05 Disposition of funds
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-30-245.06 Construction and application
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Division 2 1988 Tax.
• Section 45-30-245.30 Levy of tax
  (a) In addition to the tax levied by subpart 1, there is hereby imposed upon every person, firm, or corporation who sells, stores, delivers, uses,...
• Section 45-30-245.31 Tax to be added to and stated separately from purchase price
  Upon passage of this subpart there is levied on every person, firm, corporation, club, or association that sells or stores or receives for the purpose...
• Section 45-30-245.32 Enforcement
  It shall be the duty of the County Commission of Franklin County to enforce this subpart upon its imposing the tax thereunder, and it shall...
• Section 45-30-245.33 Rules and regulations
  The State Department of Revenue, if requested by resolution of the Franklin County Commission, to collect all county privilege licenses or taxes specified in Section...
• Section 45-30-245.34 Application of laws, rules and regulations
  All laws, and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section...
• Section 45-30-245.35 Disposition of funds
  (a) The proceeds from the tax hereby levied, less the actual costs of collection not to exceed 10 per centum, shall be paid by the...
• Section 45-30-245.36 Construction and application
  (a) None of the provisions of this subpart shall be applied in such manner as to be in violation of the commerce or other clauses...
• Article 25 Utilities.
• Section 45-30-250 Definitions
  When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. The...
• Section 45-30-250.01 Legislative intent
  This article is intended to aid the state and county in the execution of its duties by providing an appropriate and independent instrumentality of the...
• Section 45-30-250.02 Franklin County Water Service Authority - Incorporation
  (a) Three applicants shall be appointed to incorporate the Franklin County Water Service Authority by filing for record in the office of the judge of...
• Section 45-30-250.03 Amendment to certificate of incorporation
  (a) The certificate of incorporation of the authority incorporated under this article may at any time and from time to time be amended in the...
• Section 45-30-250.04 Board of directors
  (a) The authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to...
• Section 45-30-250.05 Powers of authority
  (a) The authority shall have the following corporate powers, and all incidental or necessary powers thereto, either separately or in combination with any other system,...
• Section 45-30-250.06 Additional powers and rights
  (a) The authority, in addition to all other powers now or hereafter granted by law, shall have the following powers and rights: (1) To borrow...
• Section 45-30-250.07 Contracts of the authority
  (a) As security for payment of the principal of and interest on bonds or obligations assumed by it, the authority may enter into any contract...
• Section 45-30-250.08 Rates, fees, and charges
  Rates, fees, and charges for water service rendered by the authority from any of its systems shall be fixed and periodically revised so as to...
• Section 45-30-250.09 Planning, development, operation, etc., of water service systems
  For the purpose of securing water service, or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation, or protection...
• Section 45-30-250.10 Rights-of-way
  The authority may use the rights-of-way of all public roads in the state after securing the written approval of the state or its agencies or...
• Section 45-30-250.11 Governmental functions; liability of authority
  (a) The furnishing of water services by the authority is declared to be a governmental function. (b) The authority shall not be liable for any...
• Section 45-30-250.12 Exemptions from taxes, fees, etc
  (a) The authority, the property and income of the authority, the income from its bonds, conveyances by or to the authority, leases, mortgages, and deeds...
• Section 45-30-250.13 Exemption from usury statutes
  The authority now or hereafter organized under this article is exempted from the laws of the state governing usury and prescribing or limiting interest rates,...
• Section 45-30-250.14 Dissolution of authority
  At any time when no bonds or obligations previously assumed by the authority are outstanding, the board may adopt a resolution, which shall be duly...
• Section 45-30-250.15 Validity of incorporation
  In all cases in which there is an attempt to incorporate a public corporation under this article, but the attempted incorporation is invalid because of...
• Section 45-30-250.16 Proceedings, notice, and approval of authority actions
  Except as otherwise expressly provided in this article, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment...
• Section 45-30-250.17 Auditing
  The authority shall be audited similar to and in accordance with any audit required to be performed upon the Franklin County Commission and the operations...
• Section 45-30-250.18 Transfer of assets and liabilities upon dissolution of predecessor entitites
  Upon approval of this article by the Governor and the filing of the certificate of incorporation by the authority, the Franklin County Water Coordinating and...
• Article 26 Zoning and Planning.
• Section 45-30-206 Reserved

Last modified: May 3, 2021