Code of Alabama

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22-52-92
Section 22-52-92 Applicability to counties. (a) This article shall not be applicable to any
county unless and until the judge of probate with the approval of the county commission of
that particular county makes a finding that there exists in the county provisions for implementation
of the community mental health officer program and the necessary facilities to detain persons
pursuant to this article. In that event, the judge of probate shall open a case under a docket
number and enter therein findings upon the records of the court which shall also expressly
state the intention thereby to invoke this article. Notification and a copy of the court's
findings and statement shall be served on all designated mental health facilities located
within the county, all law enforcement agencies within the county, the Commissioner of the
state Department of Mental Health, the state Attorney General, the Secretary of State, the
Governor of the State of Alabama, and any other persons deemed...
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8-17-231
Section 8-17-231 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The State Fire Marshal
shall regulate pyrotechnic displays and shall issue pyrotechnic display operator and pyrotechnic
special effects operator licenses as provided in this article. (b) A person may not provide
a fireworks display without a pyrotechnic display operator license. An applicant for a pyrotechnic
display operator license shall submit all of the following to the State Fire Marshal: (1)
Proof that the applicant is 21 years of age at the time of application. (2) Proof of successful
completion, with a passing score of 75 percent or greater, of an eight-hour training program
approved by the State Fire Marshal for pyrotechnic display operators. The training program
test shall be given under the supervision of a person appointed by the State Fire Marshal.
(3) Verifiable evidence of safe performances in active...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge of Probate
of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent
from sickness, or otherwise disqualified from acting as judge, the judge of probate or the
chief clerk shall certify the fact of incompetency, incapacity, absence, sickness, or disqualification
to the presiding judge of the circuit court of the county and the presiding judge of the circuit
court, upon that certificate, shall appoint a person learned in the law, practicing and residing
in the county, to act as temporary judge of probate. At any time when the regularly elected
judge of probate of the county files a certificate in the office of the circuit clerk of the
county that he or she is no longer incompetent, from any legal cause, incapacitated, absent,
absent from sickness, or otherwise disqualified from acting as judge, then the regularly elected
judge of probate of the county shall...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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45-49-85.60
Section 45-49-85.60 General and equity jurisdiction of probate courts; powers and authority
of judges of probate; procedures in administration of estates. (a) That the probate courts
in all counties of this state which now have or may hereafter have a population of over 300,000
and less than 500,000, according to the last or any subsequent federal census, shall have
general and equity jurisdiction concurrent with that of the circuit courts of this state,
in the administration of the estates of deceased persons, minors, the developmentally disabled,
insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust
estates. The jurisdiction granted by this section shall be conferred without the necessity
of the same being invoked in any estate proceeding and may be exercised at the discretion
of the court. (b)(1) That the judges of the probate courts shall have the same powers and
authority which judges of the circuit courts of this state have in connection...
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11-50-342
Section 11-50-342 Qualifications, appointment, terms of office, compensation, and removal of
members of board; oath and bond thereof; vacancies; election of officers; quorum. (a) Each
board of water and sewer commissioners shall consist of three members appointed by the council.
The members first appointed shall serve for terms of two, four, and six years, respectively,
from the date of the judge of probate's certificate mentioned in subsection (c) of Section
11-50-341 and until their successors shall be duly appointed and qualified; provided, however,
that a council which has heretofore created or hereafter creates a board as provided in this
article may, at its option, increase the board from three to five members to serve according
to all the conditions and terms set forth in this article. In the event the council elects
to increase the membership of the board from three to five members, one member added to the
board shall be appointed to serve for a term of four years, and the...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise original
jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage pursuant
to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under the respective
legal age to marry, to be employed, withdraw from school, or enlist in military service when
this consent is required by law. (3) Proceedings for the commitment of a minor or child with
mental illness or an intellectual disability to the Department of Mental Health, as provided
in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the adoption of a child
when these proceedings have been transferred from probate court as provided by law. (5) Proceedings
for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title
26. (6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage
Act, Chapter 17 of Title 26. (7)...
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22-4-5
Section 22-4-5 Adoption, revision, etc., of rules, regulations, standards, etc., by State Board
of Health; appeals therefrom; State Board of Health not to discriminate among branches of
healing arts in administration of funds. (a) The State Board of Health, with the advice and
consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered
to adopt, revise, abolish, promulgate and publish rules, regulations, standards and procedures
for: (1) The preparation of the preliminary State Health Plan and the State Medical Facilities
Plan; (2) The administration of the State Health Plan and of the State Medical Facilities
Plan after approval by the Statewide Health Coordinating Council; (3) The construction and
operation of health care facilities established under the State Medical Facilities Plan; and
(4) Such other matters as may be necessary to carry out the intent and purpose of this article.
(b) The State Board of Health is also authorized and empowered to...
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22-52-91
Section 22-52-91 Duty of law enforcement officer, community mental health officer to take into
custody alleged mentally ill persons; detention; admission; hearing. (a) When a law enforcement
officer is confronted by circumstances and has reasonable cause for believing that a person
within the county is mentally ill and also believes that the person is likely to be of immediate
danger to self or others, the law enforcement officer shall contact a community mental health
officer. The community mental health officer shall join the law enforcement officer at the
scene and location of the person to assess conditions and determine if the person needs the
attention, specialized care, and services of a designated mental health facility. If the community
mental health officer determines from the conditions, symptoms, and behavior that the person
appears to be mentally ill and poses an immediate danger to self or others, the law enforcement
officer shall take the person into custody and,...
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