General Provisions.

Ala. Code tit. 11, tit. 1, ch. 1

in effect

Ala. Code § 11-1-1 Number and Names of Counties.

11-1-1. Number and Names of Counties. The state is divided into 67 counties, named: Autauga, Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, Dallas, DeKalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Lowndes, Macon, Madison, Marengo, Marion, Marshall, Mobile, Monroe, Montgomery, Morgan, Perry, Pickens, Pike, Randolph, Russell, Shelby, St. Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington, Wilcox, and Winston. (Code 1852, §25; Code 1867, §26; Code 1876, §23; Code 1886, §23; Code 1896, §1396; Code 1907, §121; Code 1923, §179; Code 1940, T. 12, §1.)

Ala. Code § 11-1-2 County Declared a Body Corporate.

11-1-2. County Declared a Body Corporate. Every county is a body corporate, with power to sue or be sued in any court of record. (Code 1852, §763; Code 1867, §897; Code 1876, §815; Code 1886, §886; Code 1896, §1397; Code 1907, §123; Code 1923, §181; Code 1940, T. 12, §3.)

Ala. Code § 11-1-3 Jurisdiction Over Navigable Streams Not Within Limits of Any County; Execution of Process on Said Streams.

11-1-3. Jurisdiction Over Navigable Streams Not Within Limits of Any County; Execution of Process on Said Streams. The jurisdiction over navigable streams not included within the limits of any county belongs to the county or counties whose jurisdiction extends to the margin thereof, and all process may be executed on such streams by officers of either county. (Code 1852, §24; Code 1867, §25; Code 1876, §27; Code 1886, §27; Code 1896, §1400; Code 1907, §128; Code 1923, §207; Code 1940, T. 12, §175.)

Ala. Code § 11-1-5 Uniform Designation for County Governing Bodies.

11-1-5. Uniform Designation for County Governing Bodies. (a) In order to eliminate confusion and to provide clarity and uniformity of designation, each county governing body in this state shall, after October 1, 1970, be designated and known as the __________ county commission. (name of county) (b) The provision of this section shall effect a change in name only and shall in no way affect the existing organization, establishment, composition, function, power, duties, authority, compensation, term, or manner of electing the members of any governing body in this state. (c) The governing bodies of the several counties of this state are hereby authorized and directed to promulgate such rules and regulations and to initiate such procedures as are necessary to implement the provisions of this section. (Acts 1970, Ex. Sess., No. 26, p. 2628, §§1-3.)

Ala. Code § 11-1-6 Transfer of Money Erroneously Paid into County Treasury, Etc., to State Treasury.

11-1-6. Transfer of Money Erroneously Paid into County Treasury, Etc., to State Treasury. Whenever any money to which the state is entitled and which should be paid into the State Treasury is erroneously or wrongfully paid into the county treasury to the credit of any fund therein or whenever any money from any source is in the county treasury and belongs to the state, the county commission in such county shall draw a warrant in favor of the person whose duty it is to collect and pay said money into the State Treasury, and it shall be the duty of the person in whose favor the warrant is drawn to collect said money and pay it into the State Treasury as in other cases. (Code 1907, §122; Code 1923, §180; Code 1940, T. 12, §2.)

Ala. Code § 11-1-7 Appointment and Use of Public Depositories; Liability.

11-1-7. Appointment and Use of Public Depositories; Liability. (a) Upon the application of the county tax collectors, revenue commissioners, license commissioners, county treasurers, judges of probate, circuit court clerks, or registers of the circuit court, it shall be the duty of the county commission of the county to appoint a bank or savings association, that is a qualified public depository under Chapter 14A of Title 41, as a depository in which such officers may deposit money coming into their hands as such officers, which appointment shall be by proper resolutions spread upon the minutes of such commission. (b) Upon the application of the custodian of county school funds, it shall be the duty of the county board of education of the county to appoint a bank or savings association that is a qualified public depository under Chapter 14A of Title 41, as a depository in which such officers may deposit money coming into their hands as such officers, which appointment shall be by proper resolution spread upon the minutes of such county school board. (c) If and when a depository is or has been designated by the county board of education for the public school funds, or by the county commission for the funds of the tax collector, revenue commissioner, license commissioner, or county treasurer, the minimum amount of the bonds of such officers may be fixed at an amount not less than twice the amount of the average daily balance of funds on hand under the control of such office during that month in the preceding fiscal year when such average daily balance was greatest, but not to exceed a maximum of one hundred thousand dollars ($100,000). (d) If any of such funds are dissipated or lost by reason of the insolvency or failure of such qualified public depository appointed as such depository, as provided herein, such dissipation or loss shall not constitute a liability on the official bond of such officers nor a liability on the sureties thereon. (e) In the event of this dissipation or loss of any of such funds because of such insolvency or failure of such depository, the county and state shall have a preferred claim against such qualified public depository for the amount of such dissipation or loss. (f) In the event of the naming of such depository for the county tax collector, revenue commissioner, or license commissioner of any county and the use of such depository by him, such county tax collector shall make reports, distributions, and remittances to the proper authorities of the funds so deposited on October 15 of each year and on the first and fifteenth of each month thereafter until he or she makes his or her final settlement for such year; provided, that if, on the fifteenth day of any month following final settlement and before October 15 following, the tax collector, revenue commissioner, or license commissioner has on hand collections in an amount equal to one half of his or her official bond, he or she shall make reports, distributions, and remittances to the proper authorities in like manner as now required by law, these reports, distributions, and remittances to be in addition to those now required of such officer by Section 40-5-36. (g) The provisions of this section are not exclusive but cumulative and remedial, and this section shall not be construed as abolishing any other method or manner now provided by law for the making of official bonds of county officers or handling funds of county officers coming into their hands as such officers. Nothing in this section shall relieve any public official from making official bonds as is now required by law, nor from liability thereon except as is provided by this section. (Acts 1933, Ex. Sess., No. 60, p. 51; Acts 1933, Ex. Sess., No. 191, p. 203; Acts 1935, No. 531, p. 1119; Acts 1936, Ex. Sess., No. 141, p. 101; Code 1940, T. 12, §4; Code 1940, T. 41, §78; Acts 1949, No. 634, p. 975; Acts 1959, No. 159, p. 684; Acts 1971, 3rd Ex. Sess., No. 83, p. 4295; Acts 1975, No. 1121, §1; Act 2000-748, p. 1669, §2.)

Ala. Code § 11-1-8 Closing of County Offices on Legal Holidays and for Special Circumstances; Deadlines Extended for Filing Documents.

11-1-8. Closing of County Offices on Legal Holidays and for Special Circumstances; Deadlines Extended for Filing Documents. The county commission of any county in the State of Alabama may by resolution close the offices in the county courthouse or other county buildings on legal holidays set pursuant to Section 1-3-8, or for special circumstances deemed necessary or appropriate. Notice of the closing shall be posted at the courthouse and shall be published otherwise in the manner as the county commission may direct. In the event that any documents required to be filed by a time certain deadline cannot be filed in a timely manner due to the closing of an office under this section, the deadline for filing shall be extended to the date that the office is reopened as provided in Section 1-1-4. (Acts 1945, No. 74, p. 72; Acts 1967, No. 418, p. 1079; Act 2007-488, p. 1037, §1.)

Ala. Code § 11-1-9 Payment of Costs of Defense of Lawsuits Against County Officials; Validation of Prior Payments.

11-1-9. Payment of Costs of Defense of Lawsuits Against County Officials; Validation of Prior Payments. (a) Any law to the contrary notwithstanding, the county commission of any county of the state of Alabama may, in its discretion, defray the costs of defending any lawsuit brought against any county official when such lawsuit is based upon and grows out of the performance by said official of any duty in connection with his office and does not involve a willful or wanton personal tort or a criminal offense committed by the official. The expenses of defending such litigation may include witness fees, transportation, toll and ferry expenses of witnesses, attorney’s fees, court costs, and any other cost in connection with the defense of said litigation. (b) If any county has expended money for the purposes set out in subsection (a) of this section, such expenditure is hereby validated and shall not be charged back to the official making such payment nor shall the person who received such payment be liable for any reimbursement of same. (Acts 1967, No. 92, p. 422.)

Ala. Code § 11-1-10 Contracts with Federal, State, and Other County Governments.

11-1-10. Contracts with Federal, State, and Other County Governments. (a) The county commission in addition to all other powers and authority is hereby authorized and empowered to enter into contracts, leases, compacts, or any other form of agreement with the United States of America or any of its agencies, departments, bureaus, divisions, or institutions, with the State of Alabama or any of its agencies, departments, bureaus, divisions, or institutions and with any other county or municipality within or without the state for the purpose of receiving or acquiring funds, matching funds, services, materials, supplies, buildings, structures, waterways and docking facilities, and any and all other benefits deemed for the public interest in the promotion of industrial, agricultural, recreational, or any other beneficial development. (b) The contracts, leases, compacts, or other forms of agreement may contain such covenants and considerations as considered reasonable and necessary and for public use only, including, but not limited to, contributions by the county either in funds or materials, supplies, machinery, services, labor, rights-of-way, easements, buildings, terminals, and related facilities for waterway improvements and expansion and may contain other provisions required by the contracting agencies to provide a useful and feasible development for use by the public. (Acts 1973, No. 1122, p. 1890; Act 2015-53, §1.)

Ala. Code § 11-1-11 Payment of Membership Fees in State Organizations, Etc., for Sheriffs, Tax Assessors, Tax Collectors, Circuit Clerks and Registers, License Commissioners, Etc.

11-1-11. Payment of Membership Fees in State Organizations, Etc., for Sheriffs, Tax Assessors, Tax Collectors, Circuit Clerks and Registers, License Commissioners, Etc. (a) The county commissions of the several counties of the state are hereby authorized to pay all dues, fees, and expenses of the sheriffs, tax assessors, tax collectors, circuit clerks and registers and license commissioners, or other like officials in their respective counties that are incurred by such individuals through membership in and/or attendance at official functions of their state organizations. (b) Such dues, fees, and expenses may be paid from the general fund of each county. (c) Membership dues and fees may be paid by remittance to the secretary/treasurer of such organization upon presentation of a statement therefor. (d) Expenses may be remitted directly to the individual concerned upon presentation of an itemized statement, supported by receipts, indicating actual expenses incurred. Such statement may be properly sworn to and notarized. (Acts 1973, No. 1281, p. 2194.)

Ala. Code § 11-1-12 Preparation, Etc., of County Assessment Maps or Plats.

11-1-12. Preparation, Etc., of County Assessment Maps or Plats. The county commissions shall have prepared county assessment maps or plats showing the county boundary lines, main creeks, rivers, railroads, exempt lands, public roads, schoolhouses, and churches and all lands which have escaped state and county taxation for the next preceding five years in their respective counties, and which shall also show all subdivisions of lands made for the assessment of taxes or other purposes and shall pay for the same out of the county treasury. (Code 1907, §157; Code 1923, §249; Code 1940, T. 12, §227.)

Ala. Code § 11-1-13 Alteration, Etc., of Precinct or Beat Lines or Creation of New Precincts or Beats.

11-1-13. Alteration, Etc., of Precinct or Beat Lines or Creation of New Precincts or Beats. The county commissions of the several counties of the State of Alabama may alter or rearrange the boundary of beat or precinct lines of their respective counties so as to include in them any territory which has been or may be detached from one county and added to another or they may in their discretion create a new precinct or beat in said county out of the territory added to said county and detached from an adjoining county. (Acts 1932, Ex. Sess., No. 174, p. 201; Code 1940, T. 12, §228.)

Ala. Code § 11-1-14 Provision of Voting Places Where Precinct or Beat Lines Altered, Etc., or New Precincts or Beats Created.

11-1-14. Provision of Voting Places Where Precinct or Beat Lines Altered, Etc., or New Precincts or Beats Created. The county commissions of the several counties of the State of Alabama may provide voting places in all precincts or beats which have been established or where the boundaries of precincts or beats have been altered or rearranged as provided in Section 11-1-13. (Acts 1932, Ex. Sess., No. 174, p. 201; Code 1940, T. 12, §229.)

Ala. Code § 11-1-15 Authority to Join National and State Association of County Commissions.

11-1-15. Authority to Join National and State Association of County Commissions. (a) The county commission of each of the several counties of the state shall be authorized to join and to participate in a national and state association of county commissions organized for the purpose of promoting better county government, economy, efficiency in office, and representing the interests of the several counties before state departments, the state Legislature, and the United States Congress. (b) The county commissions of the several counties shall be authorized to appropriate for the maintenance and support of such associations such sums as it may deem necessary and appropriate. (Acts 1975, No. 1219, §§1, 2.)

Ala. Code § 11-1-16 Warrants for Borrowing Purposes - Execution.

11-1-16. Warrants for Borrowing Purposes - Execution. All warrants issued under the provisions of this title for borrowing purposes shall be signed by the presiding officer of the county commission and by each of the members of said county commission and shall have attached thereto the seal of said county commission. Coupons for interest need be signed only by such presiding officer. (Code 1923, §6787; Code 1940, T. 12, §82.)

Ala. Code § 11-1-17 Warrants for Borrowing Purposes - Form of Warrants, Refunding Warrants, Coupons, Etc.

11-1-17. Warrants for Borrowing Purposes - Form of Warrants, Refunding Warrants, Coupons, Etc. (a) Warrants. The warrants issued under this title for borrowing purposes may be substantially in the following form, which is declared to be sufficient: The State of Alabama, County of _______ $________ | Warrant Number _______ The County of _____ acknowledges itself indebted and promises to pay to _______, or order, on the _______ day of _______, 2__, for value received, the sum of _______ dollars, with interest at the rate of _______ percent per annum at the proper depository of the county. This warrant is issued pursuant to law and an order of the county commission of the said county, who represent that all provisions of law have been complied with and that this warrant is legal in all respects. In testimony whereof, we, the undersigned presiding officer and members of the county commission of said county have hereunto set our hands and affixed the seal of said county commission, this the _______ day of _______, 2__. (b) Retiring, adjusting, or refunding warrants. The retiring, adjusting, or refunding warrants issued under this title may be in substantially the following form, which is declared to be sufficient: The State of Alabama, | Retiring, adjusting, or refunding warrants. County of _______ Warrant Number _____ | Number _____ The county of _____ will pay to the registered holder hereof, or his registered transferee or indorsee, at the proper county depository, the sum of $_____, on the _____ day of _____, 2__. This debt bears interest at the rate of _____ percent per annum payable annually (or semiannually), evidenced by the _____ interest coupons hereto attached (if coupons are attached) each in the sum of $_____ (if the right is reserved to retire the certificate before maturity, the following may be added: The right is reserved to retire this debt at any interest period, or as the case may be). This warrant is issued pursuant to law and an order of the county commission of said county, who represent that all provisions of law have been complied with and that this warrant is legal in all respects. In testimony whereof, we, the undersigned presiding officer and members of the county commission of said county, have hereunto set our hands and affixed the seal of said county commission, this the _____ day of _____, 2__. (c) Coupons. The coupons attached to said warrant may be in substantially the following form, which is declared to be sufficient: County of _______, Alabama Warrant Number _____ This interest coupon is a part of the attached warrant and entitles the registered holder thereof, or his registered transferee or indorsee, upon proper endorsement of this coupon, to the sum of $_____, on the _____ day of _____, 2__. (Code 1923, §6788; Code 1940, T. 12, §83.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026