Title 45

This act shall be known and may be cited as the Greater Montgomery Act. (Acts 1978, No. 386, p. 358, § 1.)

The boundaries of the City of Montgomery are hereby altered, rearranged, extended, and fixed so as to be as follows: Beginning at the water’s edge on the northeast side of the Alabama River at a point where the half section line running east and west through Section 35, T 17 N, R…

Any area which is located within the boundaries of the City of Montgomery, as set out in Section 45-51-242.01, but which was not a part of the City of Montgomery prior to the passage and implementation, as herein provided, of this subpart fixing and providing for boundaries of th…

Any roads or streets which are located in those areas which have been annexed by the City of Montgomery pursuant to this subpart, which roads and streets were required by this subpart to be maintained by Montgomery County, upon the city and County of Montgomery entering into an a…

Notwithstanding the provisions of any other law, any redistricting of city council districts necessitated by any annexation, herein provided for, shall not occur until after publication of the 1980 Decennial Federal Census. Within six months after the publication the mayor shall …

(a) The County of Montgomery may henceforth grant county ad valorem tax exemptions for county property taxes to owner-developers who build new commercial or industrial facilities within the downtown business district of the City of Montgomery, as that district is defined by the g…

(a) Pursuant to subsection (f) of Amendment 373 to the Constitution of Alabama of 1901, the county commission may levy, in addition to any other tax, an ad valorem tax in the amount of 12 mills on each dollar of taxable property in the county. The revenue from the additional tax …

(a) It is the intention of the Legislature by the passage of this part to authorize Montgomery County to levy and provide for the collection of, in addition to all other taxes authorized by law, a rental tax not to exceed the rate set forth herein. (b) The Legislature hereby find…

(a) As used in this part, the following words, terms, and phrases where used shall have the following respective meanings except where the context clearly indicates a different meaning: (1) BUSINESS. All activities engaged in, or caused to be engaged in, by any person with the ob…

(a) The county commission is authorized, by resolution duly adopted, to levy, in addition to all other taxes now imposed or authorized by law, and to collect as herein provided, a privilege, license, or excise tax, herein called a rental tax, on the leasing or renting of tangible…

The rental tax authorized by this part does not apply to the following transactions: (1) The leasing or rental of a film or films by a lessee who charges, or proposes to charge, admission for viewing the film or films. (2) The use of docks or docking facilities furnished for boat…

Each person engaging or continuing in the business of leasing or renting tangible personal property subject to the rental tax shall add to the rental price and collect from the renter or lessee the amount of tax owed by such renter or lessee. It shall be unlawful for any person e…

The county commission shall administer, enforce, and collect the tax herein authorized to be levied and collected, or shall cause the tax to be administered, enforced, and collected by the State Department of Revenue or a private collection agency at the same time and in the same…

The rental tax shall constitute a debt due the county and may be collected in a civil suit, in addition to all other methods provided by law and in this part. The tax, together with any interest and penalties with respect thereto, shall constitute and be secured by a lien upon th…

(a) The rental tax, except where otherwise provided in this part, shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues. (b) Except where otherwise provided in this part, on or before the tw…

Any person who is charged with collecting the rental tax and who makes cash or credit leases or rentals, may report such cash leases or rentals when made, and shall thereafter include in each monthly report all credit collections made during the month preceding, and shall remit t…

It shall be the duty of every person required to collect the rental tax to keep and preserve suitable records of the rental revenues of the business and the rental tax collected, and such other books or accounts as may be necessary to determine the amount of rental tax that he or…

Any person subject to this part who shall sell out his or her business or stock of rental goods, or shall quit business, shall be required to make out the return provided for by this part within 30 days after the date he or she sold out his or her business or stock of rental good…

If the governing body of the county elects to levy and impose the rental tax, it shall specify in the resolution levying and imposing the rental tax the first day of the second calendar month next following the month during which the tax levy is made as the effective date of the …

The tax authorized to be levied by this part shall be conclusively presumed to be a direct tax on the lessee or renter, precollected for the purposes of convenience and facility only, and shall not be construed as a gross receipts or gross proceeds tax on the lessor or vendor cha…

(a) The county commission may anticipate the proceeds from the tax so required to be paid to it by issuing funding or refunding bonds, warrants, or other evidences of indebtedness of the county, and may enter into funding agreements or other obligations, to governmental entities …

No public official or family member of a public official shall obtain personal gain from the expenditure of the proceeds of the rental tax levied by this part. (Act 2019-91, § 16; Act 2019-218, § 16.)

The county commission may prescribe all necessary or appropriate rules and regulations for the implementation of this part, including all rules and regulations as may be necessary by reason of any alteration of law in relation to this part. (Act 2019-91, § 18; Act 2019-218, § 18.…

The following words and phrases shall have the following meanings: (1) AMENDMENT 3. Amendment 3 to the Constitution of Alabama 1901, now appearing as Sections 269.01 and 269.02 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. (2) AMENDMENT 373. Am…

Montgomery County presently is authorized to levy and collect the special ad valorem tax at a rate of $.30 on each one hundred dollars (three mills on each dollar) of assessed value pursuant to Amendment 382 subject to approval by the electorate as provided by the laws of this st…

Pursuant to subsection (f) of Amendment No. 373 and a resolution adopted by the county commission after a public hearing, the county commission may increase the rate at which the county may levy and collect the special ad valorem tax in the district to a maximum rate, for any tax…

The increase in the rate at which the special ad valorem tax may be levied and collected pursuant to this part is subject to the approval of a majority of the qualified electors residing in the district who vote on the proposed levy at a special election called and held for such …

(a) By November 16, 2020, the Montgomery County Board of Education shall adopt, after considering recommendations of the Montgomery County Superintendent of Education, all of the following: (1) A detailed strategic plan with defined steps, assigned staff, financial implications, …

(a) This chapter endeavors to add to the Code of Alabama 1975, all Morgan County local laws enacted after 1978 and all Morgan County prior local laws that were amended or affected by a local law enacted after 1978. (b) It is the purpose of this chapter to state current applicable…

(a) After October 1, 1982, it shall be unlawful for any person, partnership, association, or corporation to act as a barber, operate a barber college, barber shop, or other like business, or to instruct in a barber college, or to advertise or assume to act as such without a licen…

A barber, barber shop, barber college, or other like business within the meaning of this article is any person, firm, partnership, association, or corporation, who, for a valuable consideration or hire, shaves or trims the beard; gives facial or scalp massages, or treats the same…

(a) There is created a Barbers’ Commission for Morgan County, State of Alabama. The Governor shall appoint three persons, each of whom immediately prior to the date of his or her appointment has been a resident of Morgan County for three years and who has had at least five years’…

(a) Each member of the commission shall receive as full compensation for each day actually spent in the work of the commission the sum of ten dollars ($10) per day and his or her actual and necessary expenses thereby incurred. The commission shall appoint and at its pleasure disc…

(a) A barber’s college or school, before it shall be issued a license by the commission, must comply with the requirements and standards as follows: (1) Require as a prerequisite to admission, a diploma or other proof of graduation from a grammar school, or satisfactory completio…

(a) Words used in the masculine gender in this article include the feminine gender. (b) Nonparticipating barbering employees shall not be required to be licensed under this article; provided, however, that such employees shall be required to have valid health permits. (c) Every a…

Any person violating this article shall upon conviction be guilty of a Class B misdemeanor. This section shall have application to any officer or agent of a corporation, partnership, or association operated in violation of this article. Any court of competent jurisdiction in the …

Nothing contained in this article shall affect the power of the state, county, or municipality to tax, license, and regulate persons, partnerships, associations, or corporations, operating barber shops, barber colleges, or other like businesses. The requirements hereof shall be i…

(a) The sale of alcoholic beverages during certain hours after 12:00 p.m. on Sundays is authorized within the City of Decatur in Morgan County. The Decatur City Council, by ordinance, may regulate and permit the sale of alcoholic beverages after 12:00 p.m. on Sunday by properly l…

The Decatur City Council, by ordinance, may regulate and permit the sale of draft or keg beer by properly licensed retail licensees of the Alcoholic Beverage Control Board. (Act 2005-287, p. 520, § 2.)

There is established a school board for the City of Decatur, Alabama, which board shall be called the Decatur City Board of Education. The members of the board shall be elected by vote of the qualified electors of the City of Decatur as hereinafter provided. The board shall be co…

The school districts from which the board members are to be elected shall be geographically identical to the districts from which the council members of the City of Decatur are elected. In the event the boundaries of a city council district should be changed for any reason, the b…

A candidate for each place on the board of education shall be at least 21 years of age, a resident of the school board district which he or she seeks to represent on the board for at least 90 consecutive days prior to the deadline date for qualifying as a candidate, and shall not…

Elected school board members shall serve four-year terms with the elections and terms thereof coinciding with those of the members of the City Council of Decatur. The elections for board members shall be held at the regular election for City Council of Decatur after July 19, 1995…

In the event no candidate receives a majority of all of the votes cast for any one or more positions on the school board, the city council shall order a run-off election to be held separately or in conjunction with any scheduled City of Decatur run-off election, at which election…

All members of the board created by this part shall represent the interests of any student of the city school system who is not otherwise represented by a certain district school board member as provided for in this part. (Act 95-363, p. 732, § 6.)

The compensation for the members of the school board shall be three hundred dollars ($300) per month to be paid from the city school system funds, unless changed pursuant to this section. The board may change the amount of compensation by majority vote, but any vote to establish …