Code of Alabama - Title 45: Local Laws - Chapter 34 - Henry County

• Article 1 General and Miscellaneous Provisions.
• Section 45-34-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Henry County local laws enacted after 1978 and all Henry County prior...
• Article 2 Alcoholic Beverages.
• Section 45-34-20 Limitations on locations near church or school
  (a) This section shall apply only in the unincorporated area of Henry County. (b) After June 20, 2003, no new licensee selling alcoholic beverages shall...
• Section 45-34-20.01 Sales
  (a) This section shall only apply to Henry County. (b) The sale of draft or keg beer or malt beverages for on premises and off...
• Article 3 Boards and Commissions.
• Section 45-34-30 Reserved Reserved.
• Article 4 Business, Labor, and Occupations.
• Section 45-34-40 Reserved Reserved.
• Article 5 Constables.
• Section 45-34-50 Reserved Reserved.
• Article 6 Coroner.
• Section 45-34-60 Remuneration
  In Henry County, the coroner shall be entitled to receive remuneration in the amount of fifty dollars ($50) in each case for holding an inquest,...
• Section 45-34-60.01 Expense allowance; salary
  (a) Commencing on October 1, 2007, the Coroner of Henry County shall receive an additional expense allowance so that total compensation of the coroner equals...
• Section 45-34-60.02 Employment benefits
  Effective beginning the next term of office of the coroner, the Coroner of Henry County shall be entitled to the same cost-of-living pay raises, health...
• Article 7 County Commission.
• Part 1 Compensation.
• Section 45-34-70 Expense allowance
  In Henry County, each member of the county commission is hereby authorized to receive an expense allowance of six hundred dollars ($600) per month. The...
• Part 2 Membership.
• Section 45-34-71 Composition; chair
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• Section 45-34-71.01 Election of members; terms
  Beginning in 1986 and thereafter, the five members of the Henry County Commission shall be elected from single member districts within Henry County, as hereinafter...
• Section 45-34-71.02 Districts
  For the purpose of this part, and for future elections of members of the county commission, Henry County is hereby divided into five separate geographical...
• Section 45-34-71.03 Qualified electors
  At the general elections in 1988 and 1990, and every four years thereafter, the qualified electors residing in each of the districts in Henry County...
• Section 45-34-71.04 Continuation of duties
  This part shall not affect the duties, rights, and responsibilities of the present members of the Henry County Commission, but the commissioners shall continue to...
• Section 45-34-71.05 Vacancies
  Any vacancy occurring in the office of county commissioner shall be filled in the manner otherwise provided by law concerning the filling of vacancies of...
• Article 8 Courts.
• Part 1 Circuit Court.
• Division 1 Compensation.
• Section 45-34-80 County salary supplement
  Each court reporter of the Twentieth Judicial Circuit shall be entitled to receive an additional annual county supplement in the amount of two thousand dollars...
• Division 2 Juries.
• Section 45-34-80.20 Summons; service
  (a) Notices of the requirement of the attendance of jury service in the Circuit Court of Henry County may be served by first class mail...
• Division 3 Proceedings.
• Section 45-34-80.40 Case action summaries; minute books
  (a) That in the Twentieth Judicial Circuit of Alabama, all orders and decrees may be made and entered by circuit judges sitting in and for...
• Section 45-34-80.41 Written plea of not guilty; waiver of arraignment
  (a) This section shall apply only to the Twentieth Judicial Circuit of Alabama. (b) If a defendant in a criminal case pending in a court...
• Part 2 Court Costs.
• Section 45-34-81 Additional costs in certain cases; Jail Fund
  (a) This section shall apply only in Henry County. (b) In addition to any and all court costs now or hereafter authorized to be collected,...
• Section 45-34-81.01 Law Library Fund; maintenance of facilities
  (a) In Henry County, all fees imposed by the circuit court and the district court, pursuant to Section 11-25-9, shall be paid into the County...
• Section 45-34-81.02 Juvenile court cases; Juvenile Court Services Fund
  (a) Further, a monthly supervision fee may be assessed in juvenile court cases at the discretion of the juvenile court judge. The supervision fee shall...
• Section 45-34-81.03 Additional booking fee in certain cases
  (a)(1) In Henry County, a booking fee in the amount of forty-five dollars ($45) shall be assessed against and collected from each person booked or...
• Part 3 District Attorney.
• Section 45-34-82 Establishment of pretrial diversion program
  (a) The District Attorney of the Twentieth Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common...
• Section 45-34-82.01 Definitions
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• Section 45-34-82.02 Applicants for admittance
  (a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the Circuit or District Court of the Twentieth Judicial...
• Section 45-34-82.03 Standards for admission
  (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...
• Section 45-34-82.04 Admission into program
  (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...
• Section 45-34-82.05 Program requirements; records
  (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...
• Section 45-34-82.06 Time for application
  (a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever...
• Section 45-34-82.07 Costs and fees
  (a) An applicant shall be assessed a fee when the applicant is approved for the program. The amount of the assessment for participation in the...
• Section 45-34-82.08 Treatment programs; drug testing
  The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program of an offender that the offender...
• Section 45-34-82.09 Written agreement; other terms and conditions
  (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...
• Section 45-34-82.10 Pretrial diversion program fund
  The district attorney shall establish a pretrial diversion program fund. Except for the twenty-five dollars ($25) payable to the circuit clerk pursuant to subsection (c)...
• Section 45-34-82.11 Violations; waiver
  (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district...
• Section 45-34-82.12 Liability of district attorney
  The district attorney shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program.
• Section 45-34-82.13 Funding
  The pretrial diversion program may apply for grants applicable to the aims of the program, may accept gifts from individuals or corporations, and may accept...
• Section 45-34-82.14 Advisory Board
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• Part 4 Juvenile Court.
• Section 45-34-83 Southeast Alabama Human Development Council
  (a)(1) In Henry County, the Southeast Alabama Human Development Council is hereby established as a nonprofit entity. The members of the council are the juvenile...
• Part 5 Probate Court.
• Division 1 Compensation.
• Section 45-34-84 Salary; disposition of fees, commission, etc; personnel, equipment, etc
  (a) The Judge of Probate of Henry County shall be entitled to receive compensation in the form of an annual salary which shall be equal...
• Division 2 Fees.
• Section 45-34-84.20 Special transaction fee
  In addition to all other fees and costs provided by law, a special transaction fee in an amount determined by the Henry County Commission, but...
• Division 3 Licensing.
• Section 45-34-84.40 Renewal of licenses by mail
  (a) In Henry County, the judge of probate may mail to any person to whom a motor vehicle license has been previously issued an application...
• Division 4 Motor Vehicle and Non-motorized Vehicle Assessment.
• Section 45-34-84.60 Transfer of duties; compensation
  (a) This section shall apply only in Henry County. (b) All duties, responsibilities, and liabilities regarding motor vehicle and non-motorized vehicle assessment and ad valorem...
• Division 5 Reimbursement for Worthless Instruments.
• Section 45-34-84.80 Reimbursement for monetary loss
  (a) The Henry County Commission shall reimburse the office of the Judge of Probate of Henry County for any monetary loss, up to a total...
• Section 45-34-84.81 Procedures governing noncollectible negotiable instruments
  (a) In Henry County, when a negotiable instrument, such as a check or draft, given for a motor vehicle license, boat license, driver’s license, privilege...
• Article 9 Economic and Industrial Development and Tourism.
• Section 45-34-90 Reserved Reserved.
• Article 10 Education.
• Part 1 Board of Education.
• Division 1 Compensation.
• Section 45-34-100 Expense allowance
  (a) In Henry County, each member of the county board of education is entitled to receive a monthly expense allowance of two hundred dollars ($200),...
• Division 2 Membership.
• Section 45-34-100.20 Composition of board
  Beginning in 1986 and continuing until the expiration of the term of office of any member of the Henry County Board of Education elected to...
• Section 45-34-100.21 Districts
  For the purpose of this subpart, and for future elections of members of the board of education, Henry County is hereby divided into five separate...
• Section 45-34-100.22 Election and terms of board members
  At the general elections in 1988 and 1992, and every six years thereafter, the qualified electors residing in each of the districts in Henry County...
• Section 45-34-100.23 Transition of offices
  This subpart shall not affect the duties, rights, and responsibilities of the present members of the Henry County Board of Education, but the board members...
• Section 45-34-100.24 Vacancies
  Any vacancy occurring on the board of education shall be filled in the manner otherwise provided by law concerning the filling of vacancies on the...
• Part 2 Superintendent of Education.
• Section 45-34-101 Salary; expense allowance
  All laws to the contrary notwithstanding, the Henry County Board of Education is hereby authorized to increase and set a salary for the superintendent of...
• Article 11 Elections.
• Part 1 Board of Registrars.
• Section 45-34-110 Compensation
  (a) Each member of the Board of Registrars of Henry County shall receive additional compensation paid from the county general fund not to exceed ten...
• Part 2 Poll Workers.
• Section 45-34-111 Compensation
  In addition to any compensation heretofore provided by law for the poll workers in Henry County, each poll worker shall be entitled to a five...
• Article 12 Employees.
• Section 45-34-120 Reserved Reserved.
• Article 13 Engineer, County.
• Section 45-34-130 Reserved Reserved.
• Article 14 Fire Protection and Emergency Medical Services.
• Section 45-34-140 Reserved Reserved.
• Article 15 Gambling.
• Section 45-34-150 Reserved Reserved.
• Article 16 Government Operations.
• Section 45-34-160 Reserved Reserved.
• Article 17 Health and Environment.
• Part 1 Health.
• Section 45-34-170 Board of health fees
  (a) The Henry County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall...
• Part 2 Junkyards.
• Section 45-34-171 Legislative findings
  The regulation of the accumulation and storage of junk, inoperable motor vehicles, and other litter within the unincorporated areas of Henry County, and licensing the...
• Section 45-34-171.01 Public Nuisance - Premises
  (a) It is unlawful and constitutes a public nuisance for the owner or other person in charge or in control of a building, lot, junkyard,...
• Section 45-34-171.02 Public Nuisance - Motor vehicles
  (a) Except as provided in subsection (b), it is unlawful and constitutes a public nuisance for any person to park, leave, or store upon any...
• Section 45-34-171.03 Licensing and operation of junkyards
  (a) No person shall establish, operate, or maintain a junkyard containing any items listed in Section 45-34-171, but not limited to those items, any portion...
• Section 45-34-171.04 Enforcement; fines
  (a) This part shall be enforced by the Henry County Commission or its duly authorized agent or representative. The Henry County Commission, acting through its...
• Section 45-34-171.05 Compliance
  The enforcement and licensing provisions of this part shall be operative on October 1 following May 1, 2001. All persons, businesses, or legal entities engaging...
• Article 18 Highways and Bridges.
• Section 45-34-180 Reserved Reserved.
• Article 19 Legislature.
• Section 45-34-190 Reserved Reserved.
• Article 20 Licenses and Licensing.
• Section 45-34-200 Reserved Reserved.
• Article 21 Motor Vehicles and Transportation.
• Section 45-34-210 Reserved Reserved.
• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Section 45-34-220 Reserved Reserved.
• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-34-230 Expense allowance; salary
  (a)(1) The Sheriff of Henry County shall receive an additional expense allowance of three thousand five hundred dollars ($3,500) per annum, payable in equal monthly...
• Section 45-34-230.01 Employees
  Notwithstanding any other provision of law, any funds which the Sheriff of Henry County has discretion to spend for any purpose, including, but not limited...
• Part 2 Funding.
• Section 45-34-231 Service fee; disposition of funds
  (a) In Henry County, a service of process fee of thirty dollars ($30) shall be collected for service or attempted service of any papers or...
• Section 45-34-231.01 Work Release Fund
  The Sheriff of Henry County, in his or her discretion, may use funds accruing to the Sheriff’s Work Release Fund for law enforcement purposes in...
• Part 3 Jails.
• Section 45-34-232 Jail concession ; disposition of funds
  (a) The Sheriff of Henry County may operate a jail concession. The sheriff, sheriff’s deputies, or agents or employees of the sheriff, or any combination...
• Part 4 Pistol Permits.
• Section 45-34-233 Fees; disposition of funds
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• Part 5 Retirement.
• Section 45-34-234 Receipt of badge, pistol, etc., upon retirement
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• Article 24 Taxation.
• Part 1 Revenue Commissioner.
• Division 1 Compensation.
• Section 45-34-240 Salary, cost of living increases, and expense allowances
  (a) This section shall only apply in Henry County. (b) The total compensation, including salary, cost of living increases, and expense allowances, paid to the...
• Section 45-34-240.01 Additional expense allowance; salary increases
  (a) Commencing on April 1, 2017, the Revenue Commissioner of Henry County shall receive an annual expense allowance of five thousand dollars ($5,000) payable in...
• Division 2 Consolidated Office.
• Section 45-34-240.20 Consolidation of offices and duties
  (a) After September 30, 1985, there shall be a county revenue commissioner in Henry County. A commissioner shall be elected at the general election in...
• Section 45-34-240.21 Budgetary operations and functions
  The revenue commissioner shall combine all budgetary operations and functions of the office of the revenue commissioner that were previously divided into the budgetary operations...
• Division 3 Employees.
• Section 45-34-240.40 Salaries
  (a) The County Commission of Henry County is authorized to pay out of the general fund of the county the salaries of clerks for the...
• Part 2 Redemption of Lands.
• Section 45-34-241 Procedure for sale and redemption of lands
  (a) This section shall apply to Henry County. (b) The procedure for selling and redeeming lands for taxes in such county shall be the same...
• Part 3 Tax, Tobacco.
• Section 45-34-242 Levy of tax
  (a) There is hereby imposed upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in...
• Section 45-34-242.01 Tax to be added to sales price of tobacco products
  Upon October 1, 1989, every person, firm, corporation, club, or association that sells, stores, or receives for the purpose in Henry County any cigarettes, cigars,...
• Section 45-34-242.02 Violations
  It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Henry County in the business for which the tax is...
• Section 45-34-242.03 Enforcement; tobacco stamps; reporting
  It shall be the duty of the County Commission of Henry County to enforce this part upon its imposing the tax thereunder, and it shall...
• Section 45-34-242.04 Collection of taxes; rules and regulations
  The State Department of Revenue, if directed by resolution of the Henry County Commission to collect all county privilege, license, or excise taxes levied under...
• Section 45-34-242.05 Application of laws, rules and regulations
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• Section 45-34-242.06 Disposition of funds
  The proceeds from the tax hereby authorized less the actual cost of collection, not to exceed 10 percent, shall be paid by the State Department...
• Section 45-34-242.07 Construction and application
  (a) None of the provisions of this part shall be applied in such manner as to be in violation of the commerce or other clauses...
• Article 25 Utilities.
• Section 45-34-250 Reserved Reserved.
• Article 26 Zoning and Planning.
• Section 45-34-260 Reserved
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Last modified: May 3, 2021