Title 45

(a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) The offender is 18 years of age or older at the time the offense was committed. (2) Th…

(a) Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted into…

(a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling of periods of limitations established by statutes or rules…

An offender shall make application to the pretrial diversion program at a time to be determined by the district attorney. (Act 2011-651, p. 1661, §7.)

(a) An offender may be assessed an application fee when he or she is approved for the program. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim’s compensation fund, Department of Forensic Science assessme…

The district attorney and the offender may enter into an agreement, as a part of the pretrial diversion program, that the offender be admitted to a drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. The distric…

(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 perio…

All fees paid to the district attorney by offenders pursuant to this part shall be paid into the District Attorney’s Solicitor Fund. The funds shall be used to pay costs associated with the administration of the pretrial diversion program or for any other law enforcement purpose.…

(a) If the offender violates the conditions of the pretrial diversion program, the district attorney may terminate the participation of the offender in the program. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the …

The district attorney or his or her staff shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program or of any service provider or their agents that are contracted to or who have agreed to provide services to …

The pretrial diversion program may apply for grants, may accept gifts from individuals or corporations, and may receive funding or appropriations from city, county, or state agencies or departments to be used in the maintenance or expansion of the pretrial diversion program. (Act…

The district attorney may form an advisory board within the county or judicial circuit named the Citizens Advisory Board for Pretrial Diversion to assist the district attorney in the determination of appropriate pretrial diversion candidates. The district attorney shall retain th…

The district attorney, to the extent practicable, may utilize the services of an existing community corrections program established pursuant to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial diversion program. The district attorney …

(a) The chief assistant district attorney and assistant district attorneys of the Eleventh Judicial Circuit shall serve at the pleasure of the district attorney and have no residency requirements. (b)(1) The chief assistant district attorney and three assistant district attorneys…

(a) In addition to all compensation heretofore provided by law, each member of the Jury Commission of Lauderdale County, including the clerk of the commission, shall be paid five dollars ($5) per day for the time actually engaged in the discharge of his or her duties as such memb…

(a) In addition to all other costs and charges in juvenile cases in Lauderdale County, a monthly supervision fee of not more than forty dollars ($40) may be assessed in juvenile court cases at the discretion of the juvenile court judge. The supervision fee shall be collected by t…

(a) The following county officials of Lauderdale County shall have the indicated salary and the indicated monthly expense allowance, viz: (b) This section shall supersede any and all other provisions in regard to the annual salary and monthly expense allowance of the above enumer…

(a) The Judge of Probate of Lauderdale County shall appoint one or more regular clerks in the probate office as deputy registrars empowered to take applications, testimony, and oaths of applicants for voting registration at any time the probate office is open to the public for bu…

(a) The Judge of Probate of Lauderdale County is authorized to charge a fee of fifteen dollars ($15) for celebrating the rites of matrimony and may retain the fee for his or her personal use. This fee is in addition to any salary provided by law. (b) The provisions of this sectio…

(a) In addition to all other fees now provided by law, the Judge of Probate of Lauderdale County shall collect the following recording fees: (1) Five dollars ($5) for each lot of a subdivision platted, but not less than one hundred dollars ($100) nor more than three hundred dolla…

(a) The Lauderdale County Community Development Commission is hereby created. The commission may receive and by majority vote distribute any funds in the Community Development Fund created pursuant to subsection (d) for the purposes of promoting economic development, education, r…

In Lauderdale County, there is hereby established a county contingency fund to be funded by the county general fund in an amount not to exceed ten thousand dollars ($10,000) per annum, to be determined by the county commission. The fund may be expended by resolution of the county…

When used in this part, the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise: (1) AUTHORITY. The Shoals Economic Development Authority. (2) BOARD. The board of directors of the authority comprised of the members of the …

(a) To improve the Shoals economic quality of life through the active promotion and development of better employment opportunities and to assist the county commissions or other like governing bodies in Colbert and Lauderdale Counties in their pursuits therefor, there is created t…

(a) The 24 members of the authority shall constitute the board of directors of the authority. The authority shall hold an organizational meeting within 30 days after the appointment of all its members and shall elect a chair, vice chair, and treasurer from among its members. (b) …

The board of directors of the authority shall have the authority to enact bylaws for the organization not inconsistent with this part or any law of the State of Alabama. Bylaws may include, among other provisions, any of the following: (1) The establishment of an executive commit…

Upon the organization of the Shoals Economic Development Authority, the authority shall be constituted as an instrumentality for the exercise of public and essential governmental functions and the exercise of the powers conferred by this part. The development of the Shoals area s…

The authority may employ an executive director, who shall be its chief administrative officer and serve as secretary to the board. The board of the authority shall fix the salary of the executive director who shall serve at its pleasure. The executive director, with prior approva…

The authority, or its agents and employees as directed, may do any of the following: (1) Investigate, study, and engage in basic research relative to the natural resources of land, water, minerals, and people in the cities and counties and apply its findings and efforts to promot…

The authority may maintain an office in Colbert County or Lauderdale County, or both. The cost of securing, furnishing, equipping, lighting, heating, and maintaining the office shall be a lawful charge against any funds of the authority. (Act 95-409, p. 874, §1.)

Articles 2 and 3 of Chapter 16 of Title 41, or other similar laws, commonly referred to as the Alabama Bid Law or Competitive Bid Law, shall not apply to the authority, its directors, officers, agents, or employees, or in their capacities as such, who shall be expressly exempt fr…

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, …

(a) The authority may institute and defend legal proceedings in any court of competent jurisdiction and proper venue. The authority may be sued only in the Circuit Court of Lauderdale County or Colbert County, Alabama. The officers, directors, agents, employees, and members of th…

It is the intention of the Legislature in enacting this part that the Shoals Industrial Development Authority created pursuant to Act 86-244, 1986 Regular Session (Acts 1986, p. 372) and Act 86-231, 1986 Regular Session (Acts 1986, p. 341), continue in existence as the Shoals Eco…

For the purposes of this subpart, the following terms shall have the respective meaning ascribed by this section: (1) AUTHORIZED MUNICIPALITIES. The Cities of Sheffield, Tuscumbia, Muscle Shoals, Cherokee, Littleville, Leighton, Florence, Rogersville, Killen, Anderson, Lexington,…

The Lauderdale County Commission is hereby authorized to impose excise taxes in an amount not to exceed two cents ($.02) per gallon on persons selling, distributing, storing, or withdrawing from storage for any purpose whatever, gasoline and motor fuel within such counties and to…

On or before the 20th day of each month after April 11, 2002, every person upon whom the excise tax is levied shall render to the County Commission of Lauderdale County on forms prescribed by the county commission a true and correct statement of all sales and withdrawals of gasol…

All distributors, storers, and retail dealers shall keep for not less than three years within the State of Alabama at some certain place or office such books, documents, or papers as will clearly show the amount of sale or withdrawals gasoline and motor fuel made in Lauderdale Co…

Within 30 days after any tax shall have been levied under authority of this subpart, every distributor, storer, or retail dealer engaged in the sale or withdrawal of gasoline or motor fuel in Lauderdale County shall make a report on blanks furnished under Section 45-39-92.42 to t…

If any distributor, storer, or retail dealer of gasoline or motor fuel in Lauderdale County shall fail to make the reports or any of them as required in this subpart or shall fail to comply with any regulation adopted for the collection of the tax by the Lauderdale County Commiss…

It shall be the duty of the County Commission of Lauderdale County to enforce this subpart upon its imposing the tax thereunder, and it shall have the right itself, or its members or its agents, to examine the books, reports, and accounts of every distributor, storer, or retail d…

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 imposed under authority of this subpart, the tax shall be deemed delinquent within the meaning of this subpart and there shall be added to the am…

The acceptance of any amount paid for the excise tax imposed under this subpart shall not preclude the collection of the amount actually due. However, the amount actually paid shall constitute a credit against the amount actually due. (Act 2002-292, p. 604, §9.)

Any distributor, storer, or dealer who shall violate this subpart or shall fail to comply with any reasonable rule or regulation promulgated hereunder, may be restrained, and proper prosecution instituted in the name of Lauderdale County by the Attorney General of the State of Al…

Each agent of any railroad company, bus or truck operator, or other transportation company or agency operating in Lauderdale County shall report to the County Commission of Lauderdale County on the first day of January, April, July, and October of each year all shipments of gasol…

Unless otherwise directly deposited with a paying agent or trustee as permitted in Section 45-39-92.52, the proceeds of the taxes imposed under authority of this subpart shall be paid into a special fund in the county treasury for use as provided in Section 45-39-92.52. (Act 2002…