Title 45 — Title 45

This part shall only apply in Baldwin County. History: (Act 2008-462, p. 897, §1.)

For purposes of this part, the following terms have the following meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods and services. (2) DEALER. A…

(a) This part shall be liberally construed and applied to promote its underlying remedial purposes and policies. (b) This part shall govern dealership agreements for the sale or distribution of liquid goods in Baldwin County, Alabama, to the full extent consistent with the consti…

Required. No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or amend or modify a dealership agreement without good cause. The burden of proving good cause is on the grantor. History: (Act 2008-462, p. 897, §4.)

Provided good cause exists for the purposes of an amendment or modification, termination, cancellation, nonrenewal, or discontinuance of a dealership agreement, a grantor shall provide a dealer at least 90 days’ prior written notice of the amendment or modification, termination, …

If a dealership agreement is terminated by a grantor, the grantor, at the option of the dealer, shall repurchase all inventories sold by the grantor to the dealer for resale under the dealership agreement at the fair wholesale market value. This section applies only to merchandis…

It shall be a violation of this part for a grantor to prevent a dealer from having investments in, or holding a dealership agreement for, the sale of, competing product lines or brands of liquid goods. History: (Act 2008-462, p. 897, §7.)

If any grantor violates this part, a dealer may bring an action against the grantor in the Circuit Court of Baldwin County for damages sustained by the dealer as a consequence of the grantor’s violation, together with the actual costs of the action, including reasonable actual at…

In any action brought against a grantor under this part, any violation of this part by the grantor may be deemed by a court of competent jurisdiction to be an irreparable injury to the dealer in determining if temporary injunctions should issue. History: (Act 2008-462, p. 897, §9…

(a) This part applies to a new or existing dealership agreement for the sale or distribution of liquid goods within Baldwin County, Alabama. However, the provisions of this part shall not apply to those business relations, actions, transactions, dealerships, or franchises subject…

There is created in Baldwin County the South Baldwin Regional Workforce Development Authority for the public purpose of fostering workforce development, community betterment, entrepreneurship, advocacy, and business innovation through collaboration between businesses, educational…

(a) All powers of the authority shall be exercised by a board of directors, which shall consist of all the following: (1) The chief executive officers of the South Alabama Chamber of Commerce and the Alabama Coastal Business Chamber, ex officio, each of whom shall be a voting mem…

(a) The board of directors shall hold an organizational meeting within 30 days following the commencement of the terms of the appointed members pursuant to subsection (c) of Section 45-2-42.01. (b)(1) At the organizational meeting, the board of directors shall adopt bylaws and pr…

(a)(1) The board of directors may exercise power of the authority by majority vote, and only upon establishment of a quorum. (2) For purposes of this part, a quorum shall be defined as two-thirds of the voting members of the board. (b) The chair shall preside over meetings of the…

(a) The authority may employ an executive director, who shall be its chief executive officer and, subject to the control of the board of directors, shall have supervision over the business and affairs of the authority. The executive director shall serve at the pleasure of the boa…

The authority may do all of the following as they relate to the purpose of the authority: (1) Acquire by purchase, rent, lease agreement, gift, or otherwise, necessary facilities and properties and to provide those facilities and properties with necessary equipment, furnishings, …

The authority, its property, real and personal, any income produced and all conveyances, deeds, leases, mortgages, and deeds of trust, shall be exempt from all taxation by the State of Alabama or any political or administrative subdivision thereof, including, but not limited to, …

In Baldwin 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 deemed proper for…

(a) The coroner of Baldwin County shall receive an additional expense allowance of five hundred dollars ($500) per month which shall be paid from the county general funds. The expense allowance shall be in addition to any salary and other expense allowance heretofore provided to …

A coroner’s investigation shall mean a process of collecting pertinent information concerning the circumstances surrounding the death of an individual, and background information, including all, but not limited to, medical information, which may be helpful in determining the caus…

The county coroner must have a high school education or an equivalent degree. The county coroner prior to beginning his or her first term and all deputy coroners prior to their first such appointment shall complete at least a 20-hour coroner’s death investigation course comparabl…

(a) A coroner’s investigation is limited to inquiries for determining the cause and manner of death, the identity of the deceased, and circumstances surrounding death. (b) If the coroner’s investigation reveals any evidence or suspicion of foul play in regard to the death, he or …

The county coroner may conduct a coroner’s investigation of any death in Baldwin County when the death shall fall within one or more of the following categories: (1) Any death that occurs suddenly and unexpectedly, that is, when the person has not been under medical care for sign…

When the Baldwin County Coroner determines a death under investigation is one described in Section 45-2-61.03, the coroner may, and upon request, shall be assisted by a state medical examiner in the Alabama Department of Forensic Sciences, as necessary, to help determine the caus…

While conducting a coroner’s investigation of a death hereunder, the Baldwin County Coroner or state medical examiner shall be authorized to take charge of the dead body, and he or she or a law enforcement officer having jurisdiction may take possession and examine or have examin…

If after conducting a coroner’s investigation of a death, the Baldwin County Coroner or the designated deputy coroner is satisfied that the death was not caused by a criminal act or omission, that there are no suspicious circumstances about the death, that the law enforcement age…

While conducting a coroner’s investigation of a death hereunder, the Baldwin County Coroner or a state medical examiner or the director of the Alabama Department of Forensic Sciences is authorized to issue subpoenas for the production of pertinent medical records, radiographs, an…

It shall be the duty and responsibility of any person in the county having knowledge concerning a death occurring under the categories defined in Section 45-2-61.03 to report such death promptly to the Baldwin County Coroner or to any law enforcement agency who, in turn, shall pr…

The county coroner or any law enforcement officer having jurisdiction and with approval of the county coroner shall take possession of personal effects on or about the dead body and ascertain that the next of kin is notified in regard to the death. Such personal effects may: (1) …

The assistance provided by the Alabama Department of Forensic Sciences through its state medical examiners or other scientists, employees, or agents shall be provided without fee to Baldwin County unless otherwise provided for by the law or agreement between the county governing …

The reports of death investigations conducted by the county coroner or by the Alabama Department of Forensic Sciences, or true copies thereof duly certified by the county coroner or the director of the department, respectively, are admissible in any court in the county with or wi…

Neither the Baldwin County Coroner nor any member of his or her staff, the Director of the Alabama Department of Forensic Sciences, the state medical examiners or any member of the department’s staff or agents, shall incur any civil or criminal liability for the proper and reason…

(a) In Baldwin County, each member of the county commission, at the discretion of the county commission, shall be entitled to receive a mileage allowance in the same amount as the mileage allowance authorized by the Internal Revenue Service. (b) The provisions of this section sha…

Commission Members; Waiver; Compensation Adjustments. (a) In Baldwin County, effective beginning the next term of office, the annual basic compensation of each member of the county commission shall be an average of the median annual household income in Baldwin County for the prev…

Laws, Regulations, Etc.; Sale of Codes. (a) This section shall apply only to Baldwin County. (b) Notwithstanding any law to the contrary, the Baldwin County Commission may contract for the codifying, printing, and publication of the laws, resolutions, bylaws, ordinances, court or…

In Baldwin County, any law to the contrary notwithstanding, the county commissioners elected in November whose terms of office commence January 1985, shall serve two years, and each commissioner elected thereafter shall serve for a term of four years each. Elections shall be held…

(a) Effective beginning the next term of office, the position of Chair of Baldwin County Commission shall rotate from among the members of the commission on an annual basis. At its organizational meeting required in Section 11-3-1, the commission, by majority vote of its members,…

In addition to the assessment and distribution of the additional court costs and charges for Baldwin County circuit, district, and municipal courts, there shall be assessed and collected in each case, excluding parking violations, by the clerks of the courts an additional fee of …

(a) In all juvenile cases, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Baldwin County in the Twenty-eighth Judicial Circuit, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The…

(a) In Baldwin County, a supervision fee of twenty dollars ($20) per month shall be levied against any person placed under supervised probation status of the Juvenile Court of Baldwin County, and shall be assessed, collected, waived, or determined as provided for in subsection (b…

Court Fund; Mental Health Court. (a) In Baldwin County, in addition to any court costs and fees now or hereafter authorized in the county, additional court costs in the amount of ten dollars ($10) shall be assessed and collected as costs on each criminal case, including traffic c…

In addition to all other costs and charges in circuit, district, and municipal court cases in Baldwin County, there shall be levied and assessed a court cost of twenty- five dollars ($25) in all cases in which court costs are assessed which are determined by the judge to be domes…

Proceedings. In Baldwin County, in addition to all other fees and costs prescribed by law, there shall be taxed as costs the sum of twenty dollars ($20) in each juvenile case, criminal case, quasi-criminal case, proceedings on forfeited bail bond or original conviction in any inf…

(a) In Baldwin County, additional court costs in the amount of up to twenty dollars ($20) per day to be set by the sheriff shall be assessed and collected against each person incarcerated in the Baldwin County jail. The court costs assessed pursuant to this section shall be in ad…

The Baldwin County Commission, the governing body of Baldwin County, Alabama, is hereby fully authorized to establish and maintain a public law library in the courthouse of the county and to accomplish such purpose may, from time to time, expend such public funds of the county as…

In order to provide a special fund for the creation and maintenance of the library and for the purposes of judicial administration as further specified in this subpart, there shall be taxed as costs the sum of fifteen dollars ($15) in each civil or quasi- civil action at law, sui…

There also shall be taxed as costs the sum of fifteen dollars ($15) in each criminal case and civil case, including any juvenile court case, hereafter filed in the District Court of Baldwin County, including any case in which the district court sits as the juvenile court. The cos…

Retirement of Part-Time Law Librarians. (a) The sums to be paid to the Baldwin County Commission, as herein provided, shall be kept in a special fund designated as the Baldwin County Law Library and Judicial Administration Fund and shall be expended by the Presiding Circuit Judge…

The items of cost referred to above shall be designated in the respective courts as “Law Library and Judicial Administration Fee” and when any part of the costs in such a case or proceeding shall have been paid, the amount necessary for the payment of the fee shall be applied the…

This subpart shall be construed together with other laws relating to court costs in Baldwin County. History: (Act 96-619, p. 985, §2.)