Code of Alabama - Title 45: Local Laws - Chapter 48 - Marshall County
- Article 1 General and Miscellaneous Provisions.
- Part 1 Disclaimer.
- Section 45-48-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Marshall County local laws enacted after 1978 and all Marshall County prior...
- Article 2 Alcoholic Beverages.
- Article 3 Boards and Commissions.
- Section 45-48-30 Reserved
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- Article 4 Business, Labor, and Occupations.
- Article 5 Constables.
- Article 6 Coroner.
- Article 7 County Commission.
- Part 1 Creation.
- Division 1 Original Powers and Duties.
- Section 45-48-70 County governing body
The Commission on Government and Finance of Marshall County, created by Act 294, 1963 Regular Session (Acts 1963, p. 755) and amended by Act 415,...
- Section 45-48-70.01 Composition
The commission shall consist of a chair and four associate commissioners who shall each and severally be chosen and possess the qualifications as hereinafter set
- Section 45-48-70.02 Commission chair
The Chair of the Commission on Government and Finance of Marshall County shall serve as Chair of the Marshall County Commission and shall hold office...
- Section 45-48-70.03 Associate commissioners
The associate members of the Commission on Government and Finance of Marshall County shall serve as associate commissioners of the Marshall County Commission and shall...
- Section 45-48-70.04 Districts defined
For the purposes of this subpart, and for future election of associate commissioners, Marshall County is hereby divided into four subdivisions, to be known as...
- Section 45-48-70.05 Election of commission
At the general election immediately prior to the expiration date of the term of office of each member of the commission, and as is hereinabove...
- Section 45-48-70.06 Qualifications for election
Each candidate for election to the commission at the general election shall be nominated by the voters of the entire county who are authorized to...
- Section 45-48-70.07 Vacancies filled
Each district of Marshall County shall be entitled to one associate commissioner on the commission at all times, and should any vacancy occur, such vacancy...
- Section 45-48-70.08 Commission members bonded
Each member of the commission, before entering upon the duties of his or her office, shall execute a good and sufficient bond, in the same...
- Section 45-48-70.09 Sessions
The commission shall hold regular sessions on the second and fourth Mondays in each month, at the courthouse in and for Marshall County, remaining in...
- Section 45-48-70.10 Contingency fund
The commission shall have the power, and is hereby authorized to appropriate, out of any monies in the county treasury, not otherwise appropriated, and to...
- Section 45-48-70.11 Expenses for travel on official business
The members of the commission shall each be reimbursed actual expenses for travel on official business outside Marshall County. It is provided, however, that each...
- Section 45-48-70.12 County highway program
The commission shall provide for a county highway program for Marshall County consistent with this subpart and shall employ all such assistants as are necessary...
- Section 45-48-70.13 Equipment marking designated
It shall be the duty of the commission to provide for the marking in the manner hereinafter prescribed of all vehicles, except those vehicles furnished...
- Section 45-48-70.14 Annual inventory of all property
It shall be the duty of each member of the commission and each department head of Marshall County to file for public record with the...
- Section 45-48-70.15 Work prohibited on private property except in certain cases
The use of any county equipment, materials, or supplies or property of any nature in the custody of or under control of the commission for...
- Section 45-48-70.16 Work in municipalities
No work shall be authorized or performed by the commission or any member of the commission for any municipality of the county, except for municipal...
- Section 45-48-70.17 Annual budgets
It shall be the duty of the commission at some session in September of each calendar year, or not later than their first session in...
- Section 45-48-70.18 Public hearing required for issuance of tax anticipation warrants
The commission shall not issue any tax anticipation warrants, revenue bonds, or other evidences of temporary loans until a public hearing relative to the issuance...
- Section 45-48-70.19 Purchasing
(a) No warrant shall be issued or check drawn on the county treasury or county depository by any person except the chair of the commission,...
- Section 45-48-70.20 Purchasing of used equipment prohibited
No used or secondhand trucks or road machinery shall be purchased for the county, nor shall any purchase be made or any contract of sale...
- Section 45-48-70.21 Competitive bid procedures
The commission shall comply with the state bid law applying to county governing bodies and any other sections of this subpart applying to competitive bid...
- Section 45-48-70.22 Leasesale, rental contracts
All leasesale contracts and contracts for the rental or hire of materials, equipment, supplies, and services of any kind shall be in accordance with the...
- Section 45-48-70.23 Contracting for the purchase of expendable items
Expendable materials and supplies including gasoline, fuel, oil, tires, pipe, food for county prisoners, any or all of them may be purchased as provided in...
- Section 45-48-70.24 Emergency purchasing
Each member of the commission shall have emergency purchasing authority as follows: (1) Emergency purchases shall be restricted to equipment repair, parts and supplies where...
- Section 45-48-70.25 Previous purchases validated
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- Division 2 Cumulative Powers and Duties.
- Section 45-48-70.50 Powers and duties of chair
The Chair of the Marshall County Commission shall have the following powers and duties in addition to those as may be otherwise provided by the...
- Section 45-48-70.51 Annual budget estimates
On or before July 31 of each year the associate county commissioners, sheriff, tax assessor, tax collector, judge of probate, coroner and all other county...
- Section 45-48-70.52 Annual income estimate
On or before August 15 of each year the chair shall prepare an estimate of the total income of the county for the coming fiscal...
- Section 45-48-70.53 Tentative budget
Not later than August 31 of each year the chair shall cause to be prepared a tentative budget. The aggregate sums tentatively budgeted for expenditure...
- Section 45-48-70.54 Budgetary priorities
County offices, departments, boards, and agencies shall be given preference in the tentative and final budget so that funding, payments, and appropriations to any other...
- Section 45-48-70.55 Final budget
(a) Within a reasonable time after the invitation for questions and comments on the tentative budget as provided for in Section 45-48-70.54, but before September...
- Section 45-48-70.56 Purchasing and contract limitations; liability; emergency situations; penalties
(a) It shall be unlawful for the commission or any member thereof to purchase or vote to purchase any property or enter into a contract...
- Section 45-48-70.57 Chief clerk
(a) The chair of the commission may employ a chief clerk who shall devote his or her entire time to the duties of the office...
- Section 45-48-70.58 Reimbursement for costs of meals
The commissioners may be reimbursed for the actual costs of meals incurred in attending meetings held for the purpose of discussing or transacting county affairs...
- Section 45-48-70.59 Violations
Any person who willfully violates this subpart, in addition to any civil liability or penalty, shall on conviction be fined not more than five thousand...
- Section 45-48-71.60 Custodian of voting machines - Ratification of prior salaries
Any salary heretofore paid by the county commission to the custodian of voting machines during the period October 1, 1975, to October 1, 1978, is...
- Section 45-48-70.61 Custodian of voting machines - Determination of salary
The Marshall County Salary Commission, created by Acts 1975, No. 909, Regular Session 1975 (Acts 1975, p. 1806), is hereby authorized and required to determine...
- Section 45-48-70.62 Purchase of used equipment
The county commission shall in addition have authority to purchase used equipment from other governmental agencies upon approval of the county engineer.
- Part 2 Districts.
- Part 3 Full-Time Membership.
- Article 8 Courts.
- Part 1 Court Costs.
- Section 45-48-80 Additional court costs - Child protection
(a) In order to further provide for the protection and welfare of children in Marshall County who are alleged to be or have been found...
- Section 45-48-80.01 Additional court costs - Divorce cases
(a) In addition to any court costs and fees now or hereafter authorized in Marshall County, an additional fee of twelve dollars fifty cents ($12.50)...
- Section 45-48-80.02 Additional court costs - Law Library, Judicial Technology, and Judicial Administration Fund
(a)(1) In Marshall County, in order to provide a special fund for the creation and maintenance of the law library, for the purpose of improving...
- Section 45-48-80.03 Solicitor's fee; Fair Trial Tax Fund
(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Marshall County, a docket fee, hereinafter referred...
- Part 2 District Court.
- Section 45-48-81 Compensation
The County Commission of Marshall County is hereby authorized, empowered, and directed to pay to the Judge of the District Court of the Twenty- seventh...
- Part 3 District Attorney.
- Division 1 Compensation.
- Division 2 Funding.
- Part 4 Jurisdiction.
- Part 5 Jury Commisison.
- Section 45-48-84 Expense allowance
(a) In Marshall County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to...
- Part 6 Probate Court.
- Division 1 Fees.
- Division 2 Motor Vehicle License and Title Division.
- Division 3 Recording of Instruments.
- Article 9 Economic and Industrial Development and Tourism.
- Article 10 Education.
- Part 1 General.
- Section 45-48-100 Election
The Marshall County Superintendent of Education and the members of the county board of education shall be elected by only those qualified electors residing in...
- Part 2 Board of Education.
- Division 1 Compensation.
- Section 45-48-101 Expense allowance
(a) Each member of the Marshall County Board of Education shall receive an expense allowance in the amount of three hundred dollars ($300) per month....
- Division 2 Membership.
- Part 3 Superintendent of Education.
- Section 45-48-102 Compensation
(a) The Board of Education of Marshall County is hereby authorized to determine, at its discretion, the rate of salary and expense allowance payable to...
- Article 11 Elections.
- Part 1 Compensation.
- Part 2 Voting Machines.
- Article 12 Employees.
- Part 1 Benefits.
- Part 2 Civil Service System.
- Section 45-48-121 Definitions
As used in this part, unless the context clearly requires a different meaning, the following terms shall have the following meanings: (1) APPOINTING AUTHORITY. In...
- Section 45-48-121.01 Applicability
This part shall apply to all officials and employees in the service of the county or any board paid by the Marshall County Commission or...
- Section 45-48-121.02 Application of rules; removal for cause
All employees to whom this part applies shall be governed by rules and regulations prescribed in or promulgated pursuant to this part, administered by the...
- Section 45-48-121.03 Personnel board created; composition
(a) There is hereby created the Personnel Board of Marshall County, which shall be composed of five members. One member shall be appointed by the...
- Section 45-48-121.04 Expense allowance
Each member of the board shall be paid an expense allowance of one hundred dollars ($100) per month by the Marshall County Commission.
- Section 45-48-121.05 Meetings
The board shall fix the times for its regular meetings which shall not be less than monthly and it may call, adjourn, or hold special...
- Section 45-48-121.06 Recordkeeping
The board shall keep minutes of its meetings and a record of all business transacted by it. Its records, except those which the rules of...
- Section 45-48-121.07 Promulgation of rules
(a) The board shall make rules and regulations governing examinations, eligible registers, appointments, transfers, salaries, promotions, demotions, annual and sick leave, employee fringe benefits, seniority...
- Section 45-48-121.08 Register of persons eligible and available
The personnel board shall make or contract with the State Merit System Board or other appropriate agency, for a register of all persons eligible and...
- Section 45-48-121.09 Vacancies; appointment from eligible register
Whenever a vacancy exists in any position in the service of the county, it shall be filled by appointment of one of the three persons...
- Section 45-48-121.10 Suspensions; hearings
An appointing authority by written notice to the merit employee shall have authority to suspend without pay a merit employee for any personal misconduct, or...
- Section 45-48-121.11 Removal, discharge, or demotion of employee; proceedings; appeal
(a) The county commission, any member of the governing body, or the head of any department or office, respectively, can remove, discharge, or demote any...
- Section 45-48-121.12 Political activity
No employee shall be required to make, solicit, or receive any assessment, donation, subscription, or contribution for any political purpose whatsoever, or be required to...
- Section 45-48-121.13 Compensation of county employees
(a) The county shall pay the county employees the salary established by the board in accordance with the salary authorization for each classification, and no...
- Section 45-48-121.14 Compensation of board members
The compensation and all other expenses of the board arising under this part shall be paid from funds of the county on the order of...
- Section 45-48-121.15 Violations
Any merit employee who willfully violates this part, or any rule or regulation issued in pursuance hereof, shall be dismissed from service under the system...
- Article 13 Engineer, County.
- Section 45-48-130 Engineer employed
The commission shall employ a county engineer, who shall be a thoroughly qualified and competent civil engineer, possessing all the qualifications as specified for county...
- Section 45-48-130.01 Duties of engineer
It shall be the duty of the county engineer: (1) To supervise the maintenance and construction of the public roads, highways, bridges, parks, and other...
- Section 45-48-130.02 Role of county engineer in purchasing
The county engineer is hereby designated as the person authorized to make written specifications for an inspection of all materials, machinery, equipment, and supplies purchased...
- Section 45-48-130.03 Engineer bonded
Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount of ten thousand dollars...
- Section 45-48-130.04 Engineer compensation
The commission shall fix the amount of the salary of the county engineer, payable from the road and highway funds of Marshall County. The commission...
- Article 14 Fire Protection and Emergency Medical Services.
- Part 1 Emergency Telephone Service.
- Section 45-48-140 Board of commissioners
(a) Notwithstanding any other provision of law including, but not limited to, Section 11-98-4, the Marshall County Emergency Telephone Service Board of Commissioners shall consist...
- Part 2 Forest Protection Program.
- Section 45-48-141 Protection of forests
The County Commission of Marshall County is authorized, when the need exists, to provide protection of forests from fires, insects, disease, and other pests in...
- Section 45-48-141.01 Financial charge - Authorized; payment
(a) After the Marshall County Commission has determined that such a need does exist in Marshall County, the county commission, in the manner hereinafter specified,...
- Section 45-48-141.02 Financial charge - Determination
The county governing body of Marshall County is authorized to appoint agents and delegate authority to individuals to search out forest land in Marshall County,...
- Section 45-48-141.03 Financial charge - Collection and disposition
The financial charge herein imposed shall be due and payable to the Tax Collector of Marshall County, and shall, when collected, be paid to the...
- Section 45-48-141.04 Removal of financial charge
The County Commission of Marshall County is authorized to remove such financial charge after the county commission has determined that the financial charge is no...
- Part 3 Volunteer Fire Districts.
- Division 1 Cooperative Agreements.
- Division 2 Districts.
- Section 45-48-142.20 Legislative findings
The Legislature declares that volunteer fire districts which receive funds pursuant to this subpart are organizations which are public in nature as they protect the...
- Section 45-48-142.21 Establishment of volunteer fire districts
The Marshall County Commission may establish one or more volunteer fire districts within the geographic boundaries of the county. No land lying within the boundaries...
- Section 45-48-142.22 Plan; existing and new voluntary fire districts
(a) The Marshall County Commission shall request the Marshall County Association of Fire Departments and Rescue Squads to develop a plan that defines the requirements...
- Section 45-48-142.23 Fire protection service fee - Referendum
(a) After the county commission establishes a fire district, the qualified electors of that district may file a petition, signed by at least five percent...
- Section 45-48-142.24 Fire protection service fee - Approval, construction and application; subsequent referenda
(a) If a majority of the votes cast at the election are affirmative votes, the fire service fee on each residence, dwelling, and business within...
- Section 45-48-142.25 Fire protection service fee - Homestead exemption for persons with a disability over age 65
Any person who meets the requirements of Section 40-9-19 and Section 40-9-21, as last amended, for the over 65 disability special homestead exemption shall be...
- Section 45-48-142.26 Fire protection service fee Collection and disposition
(a) The fire protection service fee shall be collected, administered, and enforced as closely as possible at the same time, in the same manner, and...
- Section 45-48-142.27 Election procedures
(a) The provision of the election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and...
- Section 45-48-142.28 Transfer of funds upon dissolution or abandonment of eligible volunteer fire district
Upon dissolution or abandonment of any eligible volunteer fire district, any remaining funds derived from this subpart or any assets purchased with the funds derived...
- Section 45-48-142.29 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 45-48-142.30 Status and liability of personnel
The personnel of volunteer fire districts provided for in this subpart shall not be considered as employees, servants, or agents of the county and the...
- Section 45-48-142.31 Construction; powers to set district lines
The provisions of this subpart are supplemental and shall not be construed to repeal any law not in conflict with this subpart. The County Commission...
- Article 15 Gambling.
- Article 16 Government Operations.
- Part 1 Liability for Monetary Loss.
- Part 2 Distribution of TVA Payments.
- Section 45-48-161 Disposition of funds
In each fiscal year, the distribution of the share of in-lieu-of-taxes payments of the Tennessee Valley Authority for Marshall County shall be as follows: (1)...
- Part 3 Distribution of Additional TVA Payments.
- Section 45-48-162 Disposition of funds
(a) The increase in TVA in-lieu-of-taxes payments to Marshall County generated by Act 2010-135, 2010 Regular Session, to the counties served by the TVA shall...
- Article 17 Health and Environment.
- Section 45-48-170 Board of health fees
(a) The Marshall County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall...
- Article 18 Highways and Bridges.
- Section 45-48-180 Reserved
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- Article 19 Legislature.
- Section 45-48-190 Reserved
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- Article 20 Licenses and Licensing.
- Section 45-48-200 Reserved
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- Article 21 Motor Vehicles and Transportation.
- Section 45-48-210 Reserved
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- Article 22 Parks, Historic Preservation, Museums, and Recreation.
- Section 45-48-220 Reserved
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- Article 23 Sheriff.
- Part 1 Employees.
- Division 1 Compensation.
- Division 2 Continuing Education.
- Division 3 Reserve Officers.
- Division 4 Retirement.
- Part 2 Funding.
- Division 1 Operation of Office.
- Division 2 Sale of Abandoned, Stolen, and Unclaimed Property.
- Section 45-48-231.20 Public auction
The Sheriff of Marshall County shall sell, at public auction, abandoned and stolen personal property recovered by the sheriff's department which has remained unclaimed by...
- Section 45-48-231.21 Records of abandoned and stolen property; storage; perishable property
The Sheriff of Marshall County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff's department which...
- Section 45-48-231.22 Notice and sale of stolen or abandoned property
Except for perishable property sold pursuant to Section 45-48-231.01, at least every six months, the Sheriff of Marshall County, shall sell at public auction to...
- Section 45-48-231.23 Redemption of property
The owner of abandoned or stolen personal property recovered by the sheriff's department may redeem the property for a period of one year from the...
- Section 45-48-231.24 Form of payment; record of sale; rejection of bid
Whenever any property is sold at public auction, the sale shall be paid only in cash. A notation in the storage record book shall be...
- Section 45-48-231.25 Transfer of title
The purchaser at any sale conducted by the sheriff's department pursuant to this part shall receive title to the property purchased, free from all claims...
- Section 45-48-231.26 Disposition of sale
The net proceeds from any auction after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property sold at the...
- Part 3 Jails.
- Part 4 Pistol Permit.
- Part 5 Service of Process.
- Section 45-48-234 Methods of service
(a) In the courts of Marshall County subpoenas requiring the attendance of witnesses in any civil, criminal, or other case or proceeding, or before the...
- Article 24 Taxation.
- Part 1 Board of Equalization.
- Section 45-48-240 Methods of service
(a) In Marshall County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to...
- Part 2 Office of Revenue Commissioner.
- Division 1 Consolidated Office.
- Section 45-48-241 Election of county revenue commissioner; term of office
Effective October 1, 2003, there shall be a county revenue commissioner in Marshall County. A commissioner shall be elected at the general election in 2002,...
- Section 45-48-241.01 Duties of county revenue commissioner
The county revenue commissioner shall perform all acts, duties, and functions required by law to be performed either by the tax assessor or by the...
- Section 45-48-241.02 Personnel
Subject to the approval of the county commission, the county revenue commissioner shall appoint and fix the duties of a sufficient number of deputies, clerks,...
- Section 45-48-241.03 Bond
Before entering the duties of his or her office, the county revenue commissioner shall take the oath of office prescribed by Article XVI of the...
- Section 45-48-241.04 Office space and equipment
The county commission shall provide the necessary offices for the county revenue commissioner, and his or her deputies, clerks, and assistants, and shall provide all...
- Section 45-48-241.05 Performance of duties; compensation
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...
- Section 45-48-241.06 Abolition of offices; transfer of personnel
(a) The offices of tax assessor and tax collector are abolished effective the first day of October 2003. (b) All personnel employed in the office...
- Division 2 Decals and Fees.
- Division 3 Real Property.
- Part 3 Tax, Alcohol.
- Part 4 Tax, Gasoline.
- Part 5 Tax, Lodging.
- Division 1 Countywide Tax.
- Division 2 Lake Guntersville State Park.
- Part 6 Tax, Sales, & Use.
- Part 7 Tax, Severance.
- Part 8 Tax, Tobacco.
- Section 45-48-247 Levy of tax
(a) The Marshall County Commission is hereby authorized to impose upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco...
- Section 45-48-247.01 Tax to be added to sales price of tobacco products
(a) Upon adoption of a resolution by the Marshall County Commission, every person, firm, corporation, club, or association that sells or stores or receives for...
- Section 45-48-247.02 Violations
It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Marshall County in the business for which the tax is...
- Section 45-48-247.03 Tobacco stamps
The tax hereby authorized shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40-25-1 to Section...
- Section 45-48-247.04 Rulemaking authority
The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purpose of this part. All such rules...
- Section 45-48-247.05 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 45-48-247.06 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...
- Section 45-48-247.07 Construction
The provisions of this part shall be construed in pari materia with any and all other provisions of law, or parts of law, relating to...
- Article 25 Utilities.
- Article 26 Zoning and Planning.
Last modified: May 3, 2021