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Section 36-21-1
Section 36-21-1 Payment of fees and costs of defense of state law enforcement officers in certain cases.
Any law enforcement officer of the state of Alabama who is sued or prosecuted for any act committed or done within the line and scope of his duties and authority will be reimbursed by the state for legal counsel fees paid, the fees of witnesses paid by him and costs of court he paid out in defending the civil action or prosecution; provided, that the total amount of such reimbursable expenses shall not exceed $2,000.00 and provided the committee established by this section approves such claim. The committee shall consist of two members of the house of representatives named by the speaker, two members of the senate named by the president of the senate and the attorney general of Alabama. The members of the committee shall serve during their tenure in their respective offices without compensation. The acts of any three members shall constitute action by the committee. The committee shall elect a chairman from among its number and shall meet on the call of the chairman.
As used in this section the term @law enforcement officer@ means any person employed in the classified civil service of the state whose duties involve police work.
(Acts 1967, No. 259, p. 739.)
Section 36-21-2
Section 36-21-2 Subsistence allowance for certain law enforcement officers.
(a) Any law enforcement officer of the State of Alabama who is employed by the Department of Public Safety, Department of Industrial Relations, Department of Conservation and Natural Resources, Alabama Alcoholic Beverage Control Board, Department of Agriculture and Industries, Alabama Department of Forensic Sciences, the Transportation Enforcement Division of the Alabama Public Service Commission, Alabama Liquefied Petroleum Gas Board, the Alabama Criminal Justice Information Center, the Alabama Peace Officers* Standards and Training Commission, the Alabama Securities Commission, probation and parole officers of the Alabama Board of Pardons and Paroles, fire marshals of the Department of Insurance, revenue enforcement officers of the Department of Revenue, law enforcement officers of the State Capitol Police, any investigator employed by the Alabama Ethics Commission, any investigator employed by a district attorney on a full-time basis, the marshal or any deputy marshal of the state appellate court, or correctional officers of the Department of Corrections shall receive a subsistence allowance of twelve dollars ($12) for each working day of a pay period while engaged in the performance of the duties as a law enforcement officer. This allowance shall be in addition to all other compensation, expenses, and allowances provided those officers.
(b) The subsistence allowance shall not be subject to any income or other taxes levied by the State of Alabama or the federal government.
(c) The act adding this amendatory language regarding the Department of Corrections correctional officers shall be phased-in in the amount of one dollar ($1) per fiscal year for the 12 years beginning October 1, 1995. In any year that it is determined by Senate Joint Resolution or House Joint Resolution enacted by both houses and signed by the Governor that because of fiscal emergency the implementation of the one dollar ($1) per fiscal year shall be suspended for that year only, this subsistence allowance, or any portion thereof, may be suspended.
(d) The additional subsistence allowance added pursuant to Act 97-720 for all law enforcement officers listed in subsection (a), but excluding those officers listed in subsection (c), shall become effective October 1, 1997.
(e) The subsistence allowance to law enforcement officers at the Alabama Criminal Justice Information Center shall be paid from its Special Revenue Fund and not from General Fund appropriations to the center. The subsistence allowance to law enforcement officers at the Peace Officers* Standards and Training Commission shall be paid from the Peace Officers* Standards and Training Fund and the subsistence allowance paid to Security Commission officers shall be paid from the Securities Commission Fund.
(Acts 1973, No. 763, p. 1145, §1; Acts 1975, 4th Ex. Sess., No. 99, p. 2780, §1; Acts 1977, 1st Ex. Sess., No. 27, p. 1438; Acts 1984, No. 84-306, p. 679, §1; Acts 1985, No. 85-754, p. 1254, §1; Acts 1986, No. 86-433, p. 799, §1; Acts 1987, No. 87-344, p. 508, §1; Acts 1987, No. 87-814, p. 1625, §1; Acts 1994, No. 94-595, p. 1102, §1; Acts 1997, No. 97-720, p. 1491, §1; Act 98-363, p. 633, §1; Act 2001-476, p. 638, §§1, 2.)
Section 36-21-3
Section 36-21-3 Lump-sum payments for service of state, etc., law enforcement officers, etc.
(a) Each law enforcement officer and all police communications officers employed by the State of Alabama, including law enforcement officers of the Department of Industrial Relations and the Department of Revenue, and including State Fire Marshals, shall be entitled to and receive in a lump sum the first pay period of December each year the sum of $300.00 per annum after said employee has total service for a period of five years and shall receive said payment until the tenth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $400.00 per annum until the fifteenth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $500.00 per annum until the twentieth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $600.00 as long as he remains in service.
(b) All policemen in cities having a population of not less than 60,000 nor more than 130,000, and in cities having not less than 9,400 nor more than 9,900 inhabitants, according to the most recent federal census, shall be considered law enforcement officers under the provisions of this section; provided, that such policemen shall be paid out of city funds.
(c) All deputy sheriffs in counties having a population of not less than 115,000 nor more than 150,000 inhabitants according to the most recent federal census shall be considered law enforcement officers under the provisions of this section; provided, that such deputy sheriffs shall be paid out of county funds.
(d) The payments provided for in this section shall be in addition to all salaries or wages prescribed by the merit classification system and shall be in addition to any per diem allowances or expense allowances that may be in force at the time of payment. Said sum shall not be used in computing retirement or other benefits.
(Acts 1975, 3rd Ex. Sess., No. 206, p. 474, § 1; Acts 1975, 4th Ex. Sess., No. 97, p. 2777, § 1.)
Section 36-21-4
Section 36-21-4 Overtime — Compensation generally.
Each state law enforcement officer in the service of the state who is assigned to duty for more than 40 hours during the calendar week shall be paid time and one half for such excess hours worked or he shall be given time and one-half compensatory leave as herein provided, except as hereinafter limited. Such officers shall normally work a 40-hour work week.
Hours worked in excess of 40 hours in any calendar week shall be compensated at the rate of one and one-half times his regular rate of pay up to a maximum of eight hours per week; however, compensatory time at the rate of one and one-half times regular time may be paid for overtime worked. The decision of whether to accept overtime pay or compensatory time shall be at the sole option of the officer. For the time worked, when required by employee*s department, through September 30, 1977, hours worked in excess of 48 up to 54 hours, the officer shall be given straight compensatory time off. Time worked in excess of 54 hours per week shall be compensated at a rate of one and one-half times the regular pay or one and one-half times compensatory time at the discretion of the department. For the period October 1, 1977, and thereafter, all hours over 48 shall be one and one-half compensatory time or pay at the discretion of the department.
(Acts 1975, No. 1180, §1; Acts 1975, 4th Ex. Sess., No. 127, §1.)
Section 36-21-4.1
Section 36-21-4.1 Overtime - Pay or compensation leave for nonelected law enforcement officer in service of county.
(a) Any nonelected law enforcement officer in the service of a county who has worked a number of hours in excess of the established and recurring work period, shall be compensated according to the standards and guidelines established by the Fair Labor Standards Act (29 C.F.R. § 553.200, et seq.). The officer shall be compensated at a rate of not less than one and one-half hours for each hour of employment for which overtime is required. Nonelected law enforcement officers may receive, in lieu of overtime pay, compensatory time off at a rate of not less than one and one-half hours for each hour of employment for which overtime is required.
(b) Any law enforcement officer covered by this section who works overtime during any calendar month shall on the last day of the month file in writing a statement indicating the number of hours of overtime worked. The decision as to whether a nonelected law enforcement officer shall receive overtime pay or compensatory leave shall be at the option of the officer as prescribed in this subsection. In the event the law enforcement officer receives overtime pay, the pay shall be included with his or her compensation for the next succeeding pay period. If he or she receives compensatory leave, the leave shall be taken at any time during the calendar year in which it is earned, except during times of emergency.
(Acts 1981, No. 81-868, p. 1661, §§ 1, 2; Acts 1996, No. 96-664, p. 1092, §1.)
Section 36-21-5
Section 36-21-5 Overtime — Statement of election of method of compensation.
Any such law enforcement officer who works overtime during any calendar month shall on the last day of such month file in writing a statement as to his election to accept overtime pay or compensatory leave. In the event such law enforcement officer elects to receive overtime pay, such pay shall be included with his compensation for the next succeeding pay period. If he elects to receive compensatory leave, such leave may be taken at any time during the calendar year in which it is earned with the approval of his supervisor, except during times of emergency. The statement shall be certified by the law enforcement officer and approved by his supervisor specifying the length of time that said officer worked in excess of 40 hours in any one calendar week during the preceding month.
(Acts 1975, 4th Ex. Sess., No. 127, p. 2824, §2.)
Section 36-21-6
Section 36-21-6 Overtime — @State law enforcement officer@ defined.
A @state law enforcement officer@ shall be defined as a full-time state employee who has the power of a peace officer and who is sworn to uphold the laws and Constitution of the State of Alabama and has the power of arrest and who complies with the Minimum Standards and Training Act.
(Acts 1975, 4th Ex. Sess., No. 127, p. 2824, §3.)
Section 36-21-7
Section 36-21-7 Reimbursement by new employer for training expenses.
In those instances in which a law enforcement officer, certified corrections officer, fire protection personnel, or firefighter of any municipality, county, sheriff*s department, fire district, or the state is employed by the State of Alabama, any county, sheriff*s department, fire district, or another municipality, within 24 months after completing the training requirements mandated by Article 3 (commencing with Section 36-21-40) of this chapter, or by Chapter 32 (commencing with Section 36-32-1), the total expense of the training, including, but not limited to, salary paid during training, transportation costs paid to the trainee for travel to and from the training facility, room, board, tuition, overtime paid to other employees who fill in for the trainee during his or her absence, and any other related training expenses, shall be reimbursed to the municipality, county, fire district, or the state which paid for the training. The municipality, county, fire district, or the state which paid for the training shall submit an itemized sworn statement to the new employer of the law enforcement officer, fire protection personnel, or firefighter, as the case may be, shall demand payment thereof, and may enforce collection of the obligation through civil remedies and procedures. The term @law enforcement officer@, shall have the same meaning as in Section 36-21-40 and the term @fire protection personnel and firefighter@, shall have the same meaning as in Section 36-32-1.
(Acts 1980, No. 80-729, p. 1472, §1; Acts 1988, No. 88-315, p. 477, §1; Acts 1996, No. 96-626, p. 997, §1; Act 2002-424, p. 1090, §1.)
Section 36-21-8
Section 36-21-8 Badge and pistol as part of retirement benefits for certain law enforcement officers and investigators.
Any person who, at the time of retirement, is in good standing and employed by the Department of Conservation and Natural Resources, the Alcoholic Beverage Control Board, the State Forestry Commission, the Alabama Criminal Justice Information Center, the Public Service Commission, campus police at a state institution, or any other state agency which requires its officers to be Peace Officers* Standards and Training Commission certified as a law enforcement officer or investigator, or by the Department of Public Safety as a State Capitol Police Officer shall receive, as part of his or her retirement benefits, without cost, his or her badge and pistol.
(Acts 1981, No. 81-291, p. 373, §1; Acts 1991, No. 91-568, p. 1049, §1; Acts 1994, No. 94-713, p. 1386, §1; Acts 1996, No. 96-768, p. 1354, §1; Act 2002-519, p. 1346, §1; Act 2003-363, §1.)
Section 36-21-8.1
Section 36-21-8.1 Badge provided for officer killed or disabled in line of duty.
(a) Any peace officer or law enforcement officer as defined by subsection (4) of Section 36-21-40, who is killed in the line of duty shall have provided to the deceased officer*s survivor, as determined by the deceased officer*s department head, the badge which was assigned to said officer at the time of his death. Such badge will be provided without cost to said survivor.
(b) Any peace officer or law enforcement officer as defined by subsection (4) of Section 36-21-40, who is deemed disabled and eligible for retirement as a result of any injury received in the line of duty shall be provided by the officer*s employer at no cost to such officer, a retirement badge such as is provided to regularly retired officers.
(Acts 1987, No. 87-657, p. 1164, §§ 1, 2.)
Section 36-21-8.2
Section 36-21-8.2 Badge and pistol as part of retirement benefits for Department of Public Safety law enforcement officers.
Any individual employed by the Alabama Department of Public Safety as a law enforcement officer for a period of ten years or more who left the department in good standing prior to December 31, 1970, with a rank of sergeant or higher, shall, upon reaching the age of 56 years, be entitled to all rights, benefits and privileges accorded to other retired state law enforcement officers and shall receive from the department, without cost to him, a retired badge, a retired commission card, and a pistol.
(Acts 1991, 1st Ex. Sess., No. 91-828, p. 230, §1.)
Section 36-21-8.3
Section 36-21-8.3 Receipt of badge or pistol upon retirement - Police officers in Class 4 municipalities.
(a) This section shall apply only to Class 4 municipalities.
(b) Any Class 4 municipality may establish, by resolution, a procedure which provides that any person employed as a sworn police officer of the police department of the municipality for a period of 10 years or more who leaves the department in good standing may receive from the municipality, without cost to him or her, a retired badge or his or her service pistol, or both.
(Act 2001-414, p. 528, §§1, 2.)
Section 36-21-9
Section 36-21-9 Eligibility of honorably retired law enforcement officers to carry handguns; authorization card; revocation of authorization; penalty for refusal to comply with revocation.
(a) Any honorably retired law enforcement officer whose retirement was not based on any pending disciplinary or legal action shall be eligible to obtain without charge a card authorizing the retired officer to legally carry a handgun about or on his person. Such card shall be issued permanently by the sheriff of the county in which the retired law enforcement officer resides upon application by any eligible retired law enforcement officer.
(b) In the event the retiree having such a card of authorization is suspected of or is charged with any crime or his character becomes so degenerated that he becomes known as one who is of bad character, then said retiree*s authorization for the carrying of a handgun shall be revoked by the sheriff of the county in which the retired officer resides. The sheriff shall notify the retiree in writing and by registered mail that his authorization is revoked. The sheriff shall state the reasons for the revocation and order the retiree to turn his authorization card in to that sheriff within 30 days. Should the retiree refuse to return the card within the said 30-day limit and continue to carry the handgun, he will be guilty of carrying a weapon without a license or carrying a concealed weapon, whichever might be the case.
(Acts 1982, No. 82-495, p. 823, §§ 1, 2; Acts 1988, 1st Ex. Sess., No. 88-881, p. 427, § 1.)
Section 36-21-10
Section 36-21-10 Minimum starting salary for county law enforcement officers; enforcement; definition.
(a) All law enforcement officers employed by any county of this state who is employed as a full-time law enforcement officer shall make at least $1,300.00 per month starting salary.
(b) The provisions of this section may be enforced in any court of competent jurisdiction in this state by an action brought by any citizen seeking a writ of mandamus, mandatory injunction or other proper remedy, and the court trying the cause may order the suspension or forfeiture of the salary, expenses or other compensation of the members of the governing body failing or refusing to comply with the provisions of this section.
(c) Members of the governing body or sheriff of any county are hereby expressly prohibited from requiring law enforcement officers affected by this section to work any more hours than they were normally working in order to circumvent the provisions of this section.
(d) If for any reason any part of this section or its application to any person, body, or situation is held invalid, the remainder of this section and its application to any other person, body, or situation shall not be affected.
(e) The term @law enforcement officer@ means any person whose duties involve police work and who are designated law enforcement officers by the Alabama Peace Officers* Minimum Standards Act.
(Acts 1984, No. 84-409, p. 958, §§ 1-5.)
Section 36-21-11
Section 36-21-11 Preference given to police officers and fire fighters suffering from diseases without known cure in admission to research programs.
Whereas the sworn, full-time, regular employed state, county and municipal police officers of this state are required by law and policy to enforce the penal laws of the State of Alabama; and fire fighters must expose themselves to the dangers of fire suppression and hazardous material incident control; and in so doing augment the dangers inherent in such duty; it is the sense of the Legislature of Alabama that if such police officers or fire fighters contract any disease deemed crippling or fatal, because of the lack of a known cure, such police officers or fire fighters shall be given preferential treatment towards admission to any research program at any state-owned or supported medical facility, hospital or learning center in the State of Alabama.
(Acts 1985, No. 85-542, p. 781, § 1.)
Section 36-21-12
Section 36-21-12 State troopers may retire upon completion of 25 years service.
Any person who is a state trooper, employed with the Department of Public Safety, may, regardless of age, exercise an option to retire upon completion of 25 years of service, to said department. Upon exercising this option, retirement benefits will be calculated using the present formula and methods for determining benefits to the retiree.
(Acts 1987, No. 87-639, p. 1143, § 1.)
Section 36-21-13
Section 36-21-13 Compensation for injury to police officer utilized by state department or agency; injury review boards.
(a) For purposes of this section, a @state police officer@ is a full-time law enforcement officer of any state agency, department, board, commission, or institution, including full-time correctional officers of the Department of Corrections, who is certified by the Alabama Peace Officers* Standards and Training Commission and who has no limited authority within the state except as otherwise provided by law.
(b) When a state police officer being utilized by a state department or agency is injured while on duty for the department or agency and his or her injury or injuries were not the result of his or her willful conduct, and the injury resulted when the state police officer was in conflict, pursuit, or observation of a person or persons suspected or under suspicion of breaking the law, or has broken the law, or is in the process of breaking the law, or when the state police officer is defending persons or property in the line of duty, the state department or agency utilizing the services of the officer at the time of the injury shall compensate the officer throughout the entire period of recovery, as determined by the doctor or doctors treating the injury or injuries, at the normal rate of compensation in effect for the state police officer at the time of injury.
(c) The chief executive officer of any state department or agency which utilizes the services of a full-time state police officer shall provide for an injury review board in his or her agency or department. The board shall be composed of two employees of the department or agency who hold positions similar in rank to the injured party and one employee who holds a supervisory position ranked above the position of the injured party. The injury review board shall conduct an investigation to determine if the injured employee was injured due to his or her willful conduct and shall report its findings of fact about the circumstances of the injury within 15 days of the occurrence of the injury to the chief executive officer of the state department or agency. Based upon the findings of the board, the chief executive officer shall determine if willful conduct on the part of the injured party caused or contributed to the injury. If the chief executive officer determines that the injured party was not injured due to the party*s willful conduct, an order shall be entered placing the injured party on leave for injury sustained in the line of duty until a competent physician determines that the injured party is mentally and physically able to return to work. The order shall entitle the injured party to receive his or her regular salary from the date of the injury to the end of the leave period. The salary shall be paid from funds appropriated for personnel costs to the agency or department which utilized the injured party.
(d) The compensation requirements of this section shall not apply to the State Board of Medical Examiners.
(Act 2000-688, p. 1399, §1.)
Section 36-21-20
Section 36-21-20 Governor authorized to call out municipal police to preserve peace, etc., within state in case of riots, etc.
Whenever it shall be made to appear to the satisfaction of the Governor that there has occurred or there is reasonable cause to apprehend at any place within the state the outbreak of any riot, rout, tumult, insurrection, mob or combination to oppose the enforcement of the laws or to break the peace by force or violence which cannot be speedily suppressed or effectually prevented by the ordinary posse comitatus and peace officers or there shall be an assemblage of persons over 10 in number with intent to commit a felony or to offer violence to person or property or with intent to oppose or resist by force or violence the execution of the laws of the state or any lawful process of any court or officer thereof or the due execution of any legal ordinance or bylaw of any municipal corporation and that there is not present at the locality a sufficient force of peace officers to preserve the peace and to enforce the laws, the Governor may call to his aid and to the aid of the local peace authorities such number of police, patrolmen or police officers of any town or city as he may deem necessary and order them to the locality where needed to preserve the peace and arrest and prosecute according to law any person violating the laws of the state.
(Acts 1919, No. 170, p. 163, § 1; Code 1923, §920; Code 1940, T. 55, §374.)
Section 36-21-21
Section 36-21-21 Duty of municipal authorities when called upon to furnish police officers by Governor; powers, duties, privileges, etc., of municipal police officers when called out by Governor.
The municipal authorities of any municipality, when called upon to furnish such policemen and police officers, shall comply with the demands of the Governor in that behalf and shall send them under the instructions of the Governor to the locality where needed as specified in Section 36-21-20. All police officers and patrolmen, when called upon by the Governor or directed by the municipal authorities, shall obey the orders and directions of the Governor and of the municipal authorities and shall proceed to the place where their services are needed and required. Such police officers and patrolmen and any other persons the Governor may employ and authorize to act as peace officers in the particular emergency shall be deemed and treated as legal officers of the state and county where acting, shall be entitled to all the protections and privileges of legal officers and shall possess all the authority to make arrests and to do other things in the preservation of the peace and enforcing the laws as sheriffs may do under the existing laws of the state.
(Acts 1919, No. 170, p. 163, § 1; Code 1923, §921; Code 1940, T. 55, §375.)
Section 36-21-22
Section 36-21-22 Compensation of municipal police when called into service of state by Governor.
Such police, patrolmen and officers drawn into the service of the state at the call of the Governor shall be paid their reasonable expenses incurred in and about the service when approved by the Governor and as compensation such sums as they were at the time receiving from the municipality they were serving at the time of their call for service by the Governor.
(Acts 1919, No. 170, p. 163, § 2; Code 1923, §922; Code 1940, T. 55, §376.)
Section 36-21-23
Section 36-21-23 Employment and compensation of additional men by Governor.
If, in the opinion of the Governor, the police force that may be available and may be obtained under Section 36-21-20 is or will be inadequate to deal with the situation, to preserve the peace and to uphold the laws of the state, the Governor may, in his discretion, employ such additional men as he may deem necessary to be sent to the locality where needed to preserve the peace and uphold the law of the state and may contract with such persons for the payment to them during their service their reasonable expenses incurred in performing their duties and such compensation as may be agreed upon between them and the Governor.
All sums of money to be paid under the terms of this article shall be paid by the Comptroller*s warrant on the Treasury upon a bill sworn to, made out against the state and approved by the Governor.
(Acts 1919, No. 170, p. 163, § 3; Code 1923, §923; Code 1940, T. 55, §377.)
Section 36-21-24
Section 36-21-24 Command of police officers, etc., called into service of state.
All police officers and individuals drawn into the service of the state by the Governor under the authority of this article shall take orders from him or the Governor may, in his discretion, place them under the orders and direction of the sheriff of the county or of the mayor of the municipality, if the locality of their service shall be in an incorporated municipality.
(Acts 1919, No. 170, p. 163, § 4; Code 1923, §924; Code 1940, T. 55, §378.)
Section 36-21-40
Section 36-21-40 Definitions.
As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates the contrary:
(1) FUND. The Alabama Peace Officers* Standards and Training Fund provided for in Section 36-21-47.
(2) COMMISSION. The Alabama Peace Officers* Standards and Training Commission established by Section 36-21-41.
(3) LAW ENFORCEMENT AGENCY. The state Department of Public Safety, the Alabama Board of Corrections, the police department of each incorporated city or town, the department of each sheriff of the state, including all deputy sheriffs, the Enforcement Division of the State Department of Conservation and Natural Resources and the Public Service Commission, and each public agency in the state charged with the enforcement of any laws and the officers or employees of which have power as such officials or employees to make arrests. The term does not include the national guard or any military organization.
(4) LAW ENFORCEMENT OFFICER. A policeman, deputy sheriff, deputy constable and other official who has authority as such official to make arrests. The term includes Alabama state troopers or members of the state Department of Public Safety, enforcement officers of the Public Service Commission, and the Alabama Board of Corrections.
(5) STATE. The State of Alabama.
(Acts 1971, No. 1981, p. 3224, §1; Acts 1973, No. 1115, p. 1877, §1; Act 2002-519, p. 1346, §1.)
Section 36-21-41
Section 36-21-41 Created; composition; qualifications, designation and terms of office of members; adoption of bylaws.
The Alabama Peace Officers* Standards and Training Commission is hereby created. The commission shall consist of seven members, each of whom must be a qualified elector of the state who is over the age of 19 years. The state fraternal order of police shall designate one member of the commission to serve for a term of four years; the Alabama Peace Officers* Association shall designate one member to serve for a term of four years; the Law Enforcement Planning Association shall designate one member to serve for a term of four years; and the Governor shall designate four members of the commission. The members appointed by the Governor shall each serve for terms of four years; provided, that the members first appointed by the Governor shall serve for terms of one, two, three and four years, respectively, as the Governor shall designate. The members may adopt bylaws to govern the organization of the commission, its meetings and activities; provided, that the bylaws shall not conflict with this article.
(Acts 1971, No. 1981, p. 3224, §2.)
Section 36-21-42
Section 36-21-42 Officers and employees.
The commission shall elect a chairman and a vice-chairman from among its members. The commission may employ an executive secretary and such clerical assistants as its functions and duties may require, subject to the provisions of the state Merit System Act.
(Acts 1971, No. 1981, p. 3224, §3.)
Section 36-21-43
Section 36-21-43 Meetings; official seal.
(a) The commission shall meet in regular session quarterly at a time and place in the State of Alabama to be designated in its bylaws. Special meetings may be called by the chairman, the vice-chairman or any three members by giving notice of the time, place and purposes of such special meeting at least five days before it is to be held to each member of the commission. Such notice may be waived by all members of the commission, either before or after a special meeting.
(b) The commission shall adopt an official seal, and the executive secretary shall be custodian of the seal and shall have authority to affix the seal to agreements and obligations of the commission and to certified copies of proceedings of the commission.
(Acts 1971, No. 1981, p. 3224, §4.)
Section 36-21-44
Section 36-21-44 Compensation and reimbursement for expenses of members.
Members of the commission shall receive no compensation but may be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their duties. Reimbursement for expenses shall not exceed the per diem and mileage allowance for travel for state employees as allowed by law.
(Acts 1971, No. 1981, p. 3224, §5; Acts 1995, No. 95-759, p. 1780, §1.)
Section 36-21-45
Section 36-21-45 Functions and duties generally.
The commission shall have the following functions and duties together with all powers necessary or convenient for the performance thereof:
(1) To study, obtain data, statistics, and information, and to make reports concerning the recruitment, selection, and training of law enforcement officers in the state and to make improvements in methods of recruitment, selection, and training of law enforcement officers.
(2) To review from time to time the standards described in Section 36-21-46 for applicants for and appointees as law enforcement officers.
(3) To consider, hold public hearings on, adopt and promulgate standards relating to the physical, mental, and moral fitness of any applicant for or appointee as a law enforcement officer as do not lower the standards in Section 36-21-46 or as otherwise permitted by Section 36-21-46.
(4) To study, consider, and make reports from time to time concerning the work and the curriculum and courses offered by law enforcement training schools in the state and to make recommendations for improving the schools, curriculum, and courses.
(5) To encourage the establishment of law enforcement training schools and courses on law enforcement in existing institutions of learning.
(6) To gather statistics and data relative to standards and training and make the same available to governmental entities upon request.
(7) To revoke its approval or certification of any person appointed or certified pursuant to this article for failure to meet the continuing training or education requirements set forth in the rules of the commission or for failure to meet the requirements of Section 36-21-46.
(8) To make investigation to determine whether the requirements of this article and the rules, regulations, and standards of the commission issued pursuant to this article are being observed and followed.
(9) To enforce this article and the rules, regulations, and standards issued by the commission with appropriate civil and criminal actions by the Attorney General, district attorneys, or other appropriate officials.
(10) To enter into cooperative agreements with federal, state, and local law enforcement agencies for effective training.
(11) To obtain the services and advice of experts in the field of law enforcement for the purpose of aiding the commission in its studies, consideration, reports, and recommendations, and in the adoption of standards, rules, and regulations.
(Acts 1971, No. 1981, p. 3224, §6; Acts 1995, No. 95-759, p. 1780, §1.)
Section 36-21-46
Section 36-21-46 Standards for applicants and appointees for employment as law enforcement officers.
(a) The standards provided in this subsection shall apply to applicants and appointees as law enforcement officers. No city, town, county, sheriff, constable, or other employer shall employ any applicant unless the person submits to the appointing authority an application for employment verified by affidavit of the applicant and showing compliance with the following qualifications:
(1) AGE. The applicant shall be not less than 19 years of age at the time of appointment.
(2) EDUCATION. The applicant shall be a graduate of a high school accredited with or approved by the State Department of Education or shall be the holder of a certificate of high school equivalency issued by general educational development.
(3) TRAINING. Prior to certification, the applicant shall complete the required course of training established by the commission. An applicant may be provisionally appointed for a period of six months. No individual may be employed for an additional period until that individual is certified by the commission.
(4) PHYSICAL QUALIFICATIONS. The applicant shall be certified by a licensed physician designated as satisfactory by the appointing authority as in good health and physically fit for the performance of the duties of a law enforcement officer.
(5) CHARACTER. The applicant shall be a person of good moral character and reputation. In making this determination, the commission shall consider convictions for misdemeanors and other factors set forth in its duly adopted and promulgated rules. No person who has been convicted of a felony shall be certified, employed, appointed, or approved by the commission as a law enforcement officer.
(b) The foregoing requirements shall not apply to any person who is presently employed as a law enforcement officer in the state and who continues to be so employed when he or she makes application for or is employed as a law enforcement officer in a different capacity or for a different employer.
(Acts 1971, No. 1981, p. 3224, §7; Acts 1971, 3rd Ex. Sess., No. 156, p. 4399, §1; Acts 1995, No. 95-759, p. 1780, §1.)
Section 36-21-47
Section 36-21-47 Peace Officers* Standards and Training Fund.
There is hereby established and created in the Treasury of the state the Alabama Peace Officers* Standards and Training Fund. The commission may accept grants from the federal government and its departments and agencies as well as grants and appropriations by the state, any county, municipality or any individual, corporation or fund. All grants and appropriations to the state for work within the functions and duties of the commission and all grants and appropriations to the commission shall be paid into the fund.
(Acts 1971, No. 1981, p. 3224, §9.)
Section 36-21-47.1
Section 36-21-47.1 Remittance of court costs to fund.
(a) The fees and costs shall be collected by the court official who collects other costs and fees. The moneys collected according to this section shall be remitted by the person or authority collecting the tax to the Peace Officers* Standards and Training Fund as provided in Section 36-21-47. The money shall fund work within the functions and duties of the Peace Officers* Standards and Training Commission*s basic law enforcement training program at the following certified training academies: The Law Enforcement Academy located in Tuscaloosa, Alabama; the Northeast Law Enforcement Academy located at Jacksonville State University in Jacksonville, Alabama; the Southwest Law Enforcement Academy at Faulkner State Junior College in Bay Minette, Alabama; the Alabama Criminal Justice Training Center in Selma, Alabama; and the Montgomery Law Enforcement Academy in Montgomery, Alabama.
The money shall be distributed to the academies listed in this section at the discretion of the Peace Officers* Standards and Training Commission.
(b) The Alabama Peace Officers* Standards and Training Commission may accept grants from the federal government, its departments and agencies as well as grants and appropriations by the state, any county or municipality, or any individual, corporation, or fund which is for the benefit of the training academies listed in subsection (a). All grants shall be paid into the Alabama Peace Officers* Standards and Training Fund for the benefit of the academies. The moneys shall be distributed to the academies at the discretion of the Peace Officers* Standards and Training Commission.
(c) The governing body of each incorporated city or town and the governing body of each county of the state may appropriate any funds not otherwise appropriated to or for the benefit of the training academies listed in subsection (a). All appropriations shall be paid into the Alabama Peace Officers* Standards and Training Fund for the benefit of the academies. The moneys shall be distributed to the academies at the discretion of the commission.
(d) Each training academy may make agreements and arrangements for cooperation and mutual assistance in law enforcement work, with the Alabama Peace Officers* Standards and Training Commission and with each other.
(Acts 1981, No. 81-864, p. 1655, §§2-5; Act 2000-700, p. 1423, §1.)
Section 36-21-48
Section 36-21-48 Appropriations and grants to commission by municipalities and counties and disposition thereof.
The governing body of each incorporated city or town and the governing body of each county of the state is hereby authorized to appropriate any funds not otherwise appropriated to or for the benefit of the commission and its work. All such appropriations shall be paid into the Peace Officers* Standards and Training Fund.
(Acts 1971, No. 1981, p. 3224, §10.)
Section 36-21-49
Section 36-21-49 Agreements and cooperation by law enforcement agencies.
Each law enforcement agency in the state is hereby authorized to make agreements and arrangements for cooperation and mutual assistance in law enforcement work with the commission and with each other.
(Acts 1971, No. 1981, p. 3224, §11.)
Section 36-21-50
Section 36-21-50 Penalty for violation of provisions of article or standards, rules, etc., promulgated thereunder.
Any person who shall appoint any applicant who, to the knowledge of the appointor, fails to meet the qualifications as a law enforcement officer provided in section 36-21-46 or the standards, rules and regulations issued by the commission under this article and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a law enforcement officer provided in section 36-21-46 or any standard, rule or regulation issued pursuant to this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding $1,000.00.
(Acts 1971, No. 1981, p. 3224, §8.)
Section 36-21-51
Section 36-21-51 Municipal chiefs of police or law enforcement officers to complete annual continuing education courses.
(a) Each chief of police of any municipality in this state shall annually complete 20 hours of executive level continuing education courses approved by the commission. Any other law enforcement officer in this state shall annually complete 12 hours of continuing education courses approved by the commission. Provided, however, in the case of a law enforcement officer employed by a county sheriff*s department, the training shall be required only if the county commission of the county in which the officer serves shall adopt a resolution requiring such continuing education.
(b) Any chief of police or law enforcement officer who fails or refuses to comply with this section shall be subject to having his or her certification or authority as a law enforcement officer revoked by the commission.
(c) The commission may, for sufficient cause, grant an extension of time in which to complete the courses.
(d) Any chief of police or law enforcement officer who is aggrieved by any order or ruling made under this section shall have the same rights and procedure of appeal as from any other order or ruling of the commission.
(Acts 1987, No. 87-733, p. 1426, §§1-4; Acts 1995, No. 95-731, p. 1564, §1.)
Section 36-21-52
Section 36-21-52 Revocation of certification or authority of law enforcement officer upon conviction of felony.
(a) The certification or authority of any law enforcement officer certified by the Alabama Peace Officers* Standards and Training Commission or otherwise exempt from the minimum standards pursuant to subsection (b) of Section 36-21-46, shall be revoked by the commission when a law enforcement officer is convicted of a felony. If the conviction is reversed or a new trial granted, the certification or authority of the law enforcement officer shall be restored.
(b) Any law enforcement officer whose certification or authority is revoked pursuant to this section may request a hearing before the commission concerning the revocation. The only issue at the hearing shall be whether the revocation was based on a felony conviction of the officer.
(Acts 1995, No. 95-731, p. 1564, §2.)
Section 36-21-60
Section 36-21-60 Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ALABAMA SHERIFF*S ASSOCIATION. The Alabama Sheriff*s Association, as now or hereafter constituted.
(2) ASSOCIATION. The Alabama Peace Officers* Association, as now or hereafter constituted.
(3) ASSOCIATION OF CHIEFS OF POLICE. The Alabama Association of Chiefs of Police, as now or hereafter constituted.
(4) BOARD. The board of commissioners of the fund and any successors thereto.
(5) EXECUTIVE DIRECTOR. The executive director of the board.
(6) FUND. The Alabama Peace Officers* Annuity and Benefit Fund created in Section 36-21-66.
(7) MEMBER. Any peace officer who is a member of the fund and who is in good standing by virtue of having paid all sums required by this article to be paid by him.
(8) MEMBERSHIP SERVICE. The period of employment of a member as a peace officer from the date he or she becomes a member.
(9) MONTH. A period of 30 days.
(10) ORDER. The Fraternal Order of Police.
(11) PEACE OFFICER. A person duly sworn as a peace officer of the State of Alabama possessing powers of arrest and employed by the state, any political subdivision thereof, or any municipal corporation therein who is required by the terms of employment, whether the employment exists by virtue of election or appointment, to give full time to the preservation of public order and the protection of life or property or the detection of crime in the state. The term shall include enforcement officers for conservation laws, full-time coroners, and any pardon, parole, or probation officer, but shall not include any district attorney, assistant district attorney, assistant attorney general, commissioner, deputy commissioner, or any municipal inspector, county inspector, or state inspector.
(12) PRIOR SERVICE. The period of employment of a member as a peace officer from the time of initial employment as a peace officer to September 12, 1969.
(13) QUALIFIED SERVICE. The prior service plus membership service of a member.
(14) STATE. The State of Alabama.
(15) STATE POLICE ASSOCIATION. The Alabama State Police Association, as now or hereafter constituted.
(16) STATE TROOPER ASSOCIATION. The Alabama State Trooper Association, Inc., as now or hereafter constituted.
(17) YEAR. A period of 365 days. The last year of employment as a peace officer when over six months of membership service shall constitute a year toward service retirement.
(Acts 1969, No. 999, p. 1855, §1; Acts 1971, No. 1210, p. 2104, §1; Acts 1971, No. 2327, p. 3754, § 1; Acts 1975, No. 199, p. 688, §1; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1982, No. 82-274, p. 343, §1; Acts 1991, No. 91-569, p. 1050, §1; Acts 1993, No. 93-623, p. 1044, §1.)
Section 36-21-61
Section 36-21-61 Board of Commissioners of Alabama Peace Officers* Annuity and Benefit Fund — Creation; composition; qualifications, appointment and terms of office of members; vacancies.
There is created a board to be known as the Board of Commissioners of the Alabama Peace Officers* Annuity and Benefit Fund. The board shall consist of seven persons, one appointed by the Governor of the state for a period of six years, one elected by the members of the association to serve for a period of four years, one elected by the members of the order to serve for a period of four years, one elected by the members of the State Trooper Association, Inc., to serve for a period of four years, one designated by the Association of Chiefs of Police, one elected by the State Police Association to serve for a period of four years, and one elected by the Alabama Sheriff*s Association, to serve for a period of four years. The first person elected by the association shall serve for a period of two years. Thereafter, each member of the board elected by the association shall serve for a period of four years. Any member of the board shall be eligible to succeed himself or herself. The term of each person appointed or elected to the board shall begin on the date of appointment or election, and any person so appointed or elected whose successor shall not have been appointed or elected shall continue to serve until the appointment or election of a successor. Any member of the board elected by the association or the order who shall cease to be a member of the association or order, as the case may be, during his or her incumbency shall be replaced as a member of the board by a member of the association or order, as the case may be, who shall be appointed by its executive committee for the then unexpired term.
(Acts 1969, No. 999, p. 1855, §2; Acts 1971, No. 1210, p. 2104, §2; Acts 1991, No. 91-569, p. 1050, §1; Acts 1993, No. 93-623, p. 1044, §1.)
Section 36-21-62
Section 36-21-62 Board of Commissioners of Alabama Peace Officers* Annuity and Benefit Fund — Compensation of members.
All board members shall be paid $30.00 per day and mileage for attendance of board meetings. Mileage and per diem shall be the same as allowed state employees when the board member is traveling on fund business.
(Acts 1969, No. 999, p. 1855, §3; Acts 1971, No. 1210, p. 2104, §3; Acts 1975, 2nd Ex. Sess., No. 62, §1.)
Section 36-21-63
Section 36-21-63 Board of Commissioners of Alabama Peace Officers* Annuity and Benefit Fund — Quorum; officers generally; executive director; agents and employees; bonding of members and employees handling funds of board.
A majority of the members of the board shall constitute a quorum sufficient for the transaction of any business, and no business shall be transacted by the board and no action taken unless a quorum is present. The members of the board shall elect a chairman of the board and select an executive director, who shall be the chief executive officer of the board. The chairman of the board shall be a member of the board, but the executive director need not be a member. The executive director shall serve at the pleasure of the board, which may employ other agents and employees as the board may deem necessary. Any employees of the board shall be subject to the Alabama Merit System Act. The executive director shall be compensated for services in an amount to be fixed by the board. The executive director shall have the powers and authority as shall be delegated by the board and shall perform the services as the board may direct. Any member of the board and any employee thereof who handles funds of the board shall be bonded by a surety company qualified to do business in the state in amounts sufficient to protect the board against any loss which may be incurred with respect to the funds handled.
(Acts 1969, No. 999, p. 1855, §4; Acts 1971, No. 1210, p. 2104, §4; Acts 1991, No. 91-569, p. 1050, §1; Acts 1993, No. 93-623, p. 1044, §1.)
Section 36-21-64
Section 36-21-64 Board of Commissioners of Alabama Peace Officers* Annuity and Benefit Fund — Powers and duties generally.
The board shall have the following powers in carrying out its responsibilities under this article:
(1) To collect all moneys provided in this article to be collected by it;
(2) To provide for and maintain all necessary administrative facilities and personnel;
(3) To provide for payment of all administrative salaries, fees and expenses;
(4) To cause its moneys to be invested and its investments sold or exchanged and the proceeds and income collected;
(5) To determine who is a peace officer;
(6) To pass upon all applications for annuities and benefits provided for in this article;
(7) To adopt such rules and regulations as may be necessary or desirable to expedite the administration of the affairs of the board and as shall not be inconsistent with the laws of the state;
(8) To provide descriptive literature respecting the fund;
(9) To pay all benefits and annuities that may be determined to be due under this article and under the rules and regulations of the board;
(10) To make refunds and repayments to which members may be entitled under this article;
(11) To employ such agents, attorneys, actuaries and other specialized personnel as shall be necessary or desirable to enable the board to carry on its functions in a proper and actuarily sound manner;
(12) To receive by gift, grant, devise or bequest any moneys or properties of any nature or description;
(13) To carry out any powers expressly granted elsewhere in this article to the board; and
(14) All other powers necessary for the proper administration of the provisions of this article.
(Acts 1969, No. 999, p. 1855, §6; Acts 1971, No. 1210, p. 2104, §6.)
Section 36-21-65
Section 36-21-65 Board of Commissioners of Alabama Peace Officers* Annuity and Benefit Fund — Maintenance of records, etc.
It shall be the duty of the board to keep permanent records of its membership, receipts, disbursements, investments and all of its other affairs under this article. Such records of the members shall show with respect to each member his name, age, date of beginning of prior service, date of beginning of membership service, the amount of all payments made by him to the fund, the date of any incapacity and the nature thereof and reason therefor, the amount of all annuities or benefits, if any, paid to him under this article and such other information with respect to each member as shall be deemed necessary by the board for the proper determination of eligibility for annuities and benefits under this article and the amount of potential liability of the fund for the same. All records, papers, documents and other data of the board shall be carefully preserved in a safe, secure and permanent manner.
(Acts 1969, No. 999, p. 1855, §7; Acts 1971, No. 1210, p. 2104, §7.)
Section 36-21-66
Section 36-21-66 Alabama Peace Officers* Annuity and Benefit Fund created; purpose and official designation; composition generally; investment, expenditure, etc., of moneys therein.
A special fund is established and placed under the management of the board for the purpose of providing retirement allowances and other benefits under this article for members of the fund. The fund shall be known as the Alabama Peace Officers* Annuity and Benefit Fund, by and in which name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purposes for which received. All amounts received by the board pursuant to this article shall be paid into the fund. The board shall have such control of the fund as shall not be inconsistent with this article and with the laws of the state. All moneys of the board shall either be deposited into the State Treasury or in a special trust account or accounts in any bank or banks in the state, each of which shall have a combined capital and surplus of not less than two million dollars ($2,000,000) and may be withdrawn therefrom by vouchers or checks signed by the executive director pursuant to authorization given by the board. All investments of moneys in the fund shall be either deposited with the State Treasurer for safekeeping upon receipt of the State Treasurer therefor or deposited with any bank in a custodial account. The board may expend moneys in the fund in accordance with this article and invest any moneys received pending other needs therefor in any investments in those classes of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual funds, or other investments as the board, or its agents as the agents are authorized to act on behalf of the board, may, from time to time, approve with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with investment matters would use in the conduct of an enterprise of a similar character and with similar aims and objectives. The board may enter into contracts with registered investment advisors pursuant to which custody of the assets of the fund are delivered to the advisor which shall invest and reinvest the assets for the benefit of the fund in investments permitted under this section. The selection of the investment shall be totally in the discretion of the registered investment advisor subject only to guidelines established by the board. For purposes of this section, a registered investment advisor is a person or entity registered as an investment advisor under subsection (b) of Section 8-6-3. No member of the board shall have any interest in any investment or receive any commission with respect thereto.
(Acts 1969, No. 999, p. 1855, §5; Acts 1971, No. 1210, p. 2104, §5; Acts 1994, No. 94-702, p. 1356, §1.)
Section 36-21-67
Section 36-21-67 Imposition of additional court costs in certain criminal and quasi-criminal proceedings; remittance of proceeds to Executive Director of Alabama Peace Officers* Annuity and Benefit Fund.
In all criminal and quasi-criminal proceedings for the violation of laws of the state or municipal ordinances including violations of the state conservation laws or regulations which are tried in any court or tribunal in this state, wherein the defendant is adjudged guilty or pleads guilty or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case or wherein any penalty is imposed, there is hereby imposed an additional cost of court in the amount of $1.00 for each traffic infraction, $5.00 in each such proceeding where the offense constitutes a misdemeanor and/or a violation of a municipal ordinance other than traffic infractions and $10.00 in each such proceeding where the offense constitutes a felony; provided, however, that there shall be no additional costs imposed for violations relating to parking of vehicles.
The amount of all such costs shall be remitted by the person or authority collecting the same to the Executive Director of the Alabama Peace Officers* Annuity and Benefit Fund on the tenth day of each month next succeeding that in which the cost is paid. It shall be the duty of the clerk or other authority collecting the said court costs to keep accurate records of the amounts due to the board for the benefit of the fund under this section.
(Acts 1969, No. 999, p. 1855, §9; Acts 1971, No. 1210, p. 2104, §9; Acts 1971, No. 2101, p. 3371, § 1; Acts 1980, No. 80-634, p. 1198, §5.)
Section 36-21-68
Section 36-21-68 Eligibility for membership; application and monthly fees.
Nothing in this article shall be construed as requiring that any member of the fund become a member of the association or the order, or that any member of the association or the order become a member of the fund.
Each peace officer who becomes a member shall pay to the fund a regular fee of twenty dollars ($20) per calendar month, to be paid on or before the tenth calendar day of each month so long as he or she is a member or until he or she becomes entitled to benefits hereunder. A member who has 30 years of qualified service in the fund and having met all other requirements of the law and thereby having earned maximum benefits provided will no longer be required to make monthly contributions for his or her membership and will retain all of the rights and privileges as provided any other member.
Six months from the passage of this section, all applicants for membership must join the fund with the initial fee of twenty dollars ($20) and twenty dollars ($20) per month as long as they maintain their membership, with no regard given for law enforcement service prior to the date of application.
If any member shall not pay the monthly fee for 60 days after its due date, the board shall give him or her notice of termination of his or her membership in the fund and of his or her right to a refund and unless he or she makes application for a refund pursuant to Section 36-21-74 within 60 days after the mailing of the notice, all amounts heretofore paid by him or her to the fund shall be returned to him or her in accordance with Section 36-21-74. Any member so terminated who later applies for membership in the fund shall lose credit for all of his or her qualified service up to the time of such termination and, upon approval of his or her new application, will become a new member in the fund.
(Acts 1969, No. 999, p. 1855, §8; Acts 1971, No. 1210, p. 2104, §8; Acts 1975, No. 199, p. 688, §1; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1978, No. 673, p. 971, §1; Acts 1982, No. 82-274, p. 343, §2; Acts 1988, No. 88-649, p. 1034, §1; Act 2001-1100, 4th Sp. Sess., p. 1160, §1.)
Section 36-21-69
Section 36-21-69 Receipt of service credit for military service, etc.
Any peace officer who becomes a member of the fund and who left his work as a peace officer and entered directly into the armed forces of the United States and who returned to work as a peace officer within six months after he ceased to serve in the armed forces shall receive prior service credit for such service in the armed forces, not to exceed five years.
Any member who, in the determination of the board, is a member in good standing of the fund and who is drafted directly into any branch of the armed forces of the United States from his work as a peace officer and does not withdraw his fees shall not be required to pay any fees to the fund during his period of service in the armed forces and shall receive membership service credit for such service in the armed forces, not to exceed five years; provided, that he shall return to work as a peace officer within six months after he ceased to serve in the armed forces.
(Acts 1969, No. 999, p. 1855, §15; Acts 1971, No. 1210, p. 2104, §15.)
Section 36-21-70
Section 36-21-70 Retirement annuity.
Any member shall, at any time after reaching the age of 52 and completion of at least 15 years* qualified service or the completion of 25 years of qualified service, regardless of age, be entitled to an annuity benefit.
The amount of the monthly benefit shall be determined by the board of commissioners in an amount recommended by the actuary for the fund. The benefit shall begin upon approval by the board on the date of the member*s application for the benefits on forms provided by the board, but in no event shall the benefit begin prior to his or her termination of service as a peace officer. The benefits shall be paid for the life of the member, except as otherwise provided in this section.
There shall accompany any application made pursuant to this section evidence satisfactory to the board of the date of birth of the member. If any member receiving retirement benefits reenters employment as a peace officer, as defined in Section 36-21-60, then the payment of retirement benefits shall be terminated as long as he or she is so employed. Upon termination of his or her reemployment as a peace officer, the benefits will resume if during the period of reemployment he or she has made all required monthly payments to the fund. Any employment as a peace officer after the initial retirement and during which the payments are made to the fund shall be included in the computation of membership service for the purpose of determining further rights and benefits under this section.
Notwithstanding any other provisions of this article to the contrary, an active and contributing member of the fund may purchase service credit in the fund for prior service rendered as a full-time peace officer within this state which would have qualified at the time for membership in the fund. The prior service credit may be claimed at any time prior to the date of termination of his or her active service as a full-time peace officer by making a lump-sum payment in the amount of the full actuarially determined cost for each year of prior service credit purchased as determined by the actuary for the fund.
(Acts 1969, No. 999, p. 1855, §10; Acts 1971, No. 1210, p. 2104, §10; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1978, No. 673, p. 971, §1; Acts 1992, No. 92-438, p. 868, §1; Acts 1993, No. 93-545, p. 898, §1; Act 2001-1100, 4th Sp. Sess., p. 1160, §1.)
Section 36-21-71
Section 36-21-71 Disability benefits.
Any member who becomes totally or permanently disabled as a result of a heart attack or any injury received in the line of duty as a peace officer not as a result of his misconduct and who makes proper application to the board on a form to be supplied by the board and submits evidence satisfactory to the board of such total or permanent disability and the circumstances giving rise to its occurrence shall be entitled to be paid benefits. The board shall have the right to require that any applicant for benefits under this section be examined by one or more physicians on behalf of the board and at its expense. Failure of any such applicant to subject himself to such examination shall be sufficient grounds for the board to deny payment of benefits under this section. Any benefit paid under this section shall be paid for a period of not longer than 24 calendar months as follows:
(1) Seventy-two dollars per calendar month if his qualified service is not more than 35 months;
(2) One hundred eight dollars per calendar month if his qualified service is at least 36 months and not more than 47 months;
(3) One hundred forty-four dollars per calendar month if his qualified service is at least 48 months and not more than 59 months; and
(4) One hundred eighty dollars per calendar month if his qualified service is 60 months or more.
Any member disabled as defined in this section for a period of more than 24 calendar months shall be eligible for retirement benefits under this article if he meets the requirements of Section 36-21-70.
The account of any member not meeting the requirements of Section 36-21-70, who does not return to work after having drawn disability benefits for 24 consecutive months shall be placed in an inactive status, not to exceed 36 months, with no further benefits or privileges. If said member returns to law enforcement as a full-time sworn peace officer with the powers of arrest within the 36 months, and pays the dues required, he will have restored all creditable service prior to date of disability. If said member does not return to law enforcement within the 36 months, his account will be closed with no further rights or benefits.
Any member whose account is so closed who later applies for membership in the fund shall lose credit for all of his qualified service up to the time his account is closed and, upon approval of his new application, will become a new member in the fund.
(Acts 1969, No. 999, p. 1855, §11; Acts 1971, No. 1210, p. 2104, §11; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1988, No. 88-649, p. 1034, §1.)
Section 36-21-72
Section 36-21-72 Death benefits.
Each member shall be issued a certificate by the board in which the board shall agree to pay to a beneficiary to be designated by such member, upon his death while an active member, and to be conditioned upon the satisfaction of all obligations of the member to the fund, a lump sum amount of $2,500.00.
If any member is killed in the line of duty, there shall be paid to his beneficiary or estate all membership fees paid by such member into the fund. Such repayment of membership fees shall be in addition to the death benefit hereinabove provided. The board shall pay to the beneficiary of a member, upon his death while an active member, a refund pursuant to Section 36-21-74.
(Acts 1969, No. 999, p. 1855, §12; Acts 1971, No. 1210, p. 2104, §12; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1977, 1st Ex. Sess., No. 37, p. 1448, § 1.)
Section 36-21-73
Section 36-21-73 Appointment of actuary; action upon report; liability for deficiency in payments.
The board shall have appointed and employed an actuary to make an actuarial valuation every three years or earlier, if deemed required, of the receipts and income accruing to the fund based on age, expected mortality, disability, and retirement status of the members and the qualified service and membership service of members and to determine what percentage of the proposed payments, annuities, and benefits set forth in this article may be paid if the fund is to be kept on an actuarily sound basis and in an actuarily solvent condition. Upon receipt of the report of the actuary, the executive director shall present it to a meeting of the board which shall have the power and shall be required to make adjustments of annuities and benefits, up or down, as are recommended by the actuary. Any increase or reduction in benefits resulting from any actuarial study or from any subsequent amendment of this article shall be applicable to all persons then receiving such benefits, even though such persons had theretofore received benefits at a different rate.
In no event shall the board, the fund, the association, the order, or any member, officer, director, or employee of any thereof or the state or any subdivision thereof or any municipality therein be liable to any member or any beneficiary or any representative of any member or any beneficiary of the fund for any deficiency in payments made pursuant to this article and pursuant to any pro rata reduction of annuities or benefits.
(Acts 1969, No. 999, p. 1855, §13; Acts 1971, No. 1210, p. 2104, §13; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Act 2001-1100, 4th Sp. Sess., p. 1160, §1.)
Section 36-21-74
Section 36-21-74 Refunds of members* fees.
Any member shall be entitled at any time to withdraw from the fund and, upon application for such withdrawal on forms to be supplied by the board and approved by it, shall be entitled to receive 90 percent of all amounts heretofore paid to the fund by such member. Any member who withdraws and receives such refund shall not thereafter have any rights with respect to the fund and may not thereafter be entitled to become a member except as a new member. Any member who ceases to be a peace officer may elect not to receive any such refund for a period of not more than 36 months. If within the said 36 months* period the said person shall again become a peace officer, he may be reinstated as a member without loss of his accumulated qualified service. If a member does not return to service at the end of the 36 months* period, then his account shall be terminated and his fees shall be returned to him, thereby cancelling all his qualified service.
(Acts 1969, No. 999, p. 1855, §14; Acts 1971, No. 1210, p. 2104, §14; Acts 1975, 2nd Ex. Sess., No. 62, p. 188, §1; Acts 1988, No. 88-649, p. 1034, §1.)
Section 36-21-75
Section 36-21-75 Semiannual reports of executive director; annual audits of acts and affairs of board.
(a) The executive director shall make semiannual reports to the board showing the total amount of money on hand at the time of such report, all investments then held by the board and itemizing by classifications all receipts and disbursements since the last such semiannual report.
(b) The Chief Examiner of Public Accounts of the state is hereby authorized and directed to make an annual audit of the acts and affairs of the board for each fiscal year of the board and to make a complete report of the same to the Legislature of Alabama. The said audit shall cover all moneys received by the board and all expenditures made by the board during the period covered by the audit.
(Acts 1969, No. 999, p. 1855, §17; Acts 1971, No. 1210, p. 2104, §16.)
Section 36-21-76
Section 36-21-76 Rights, annuities and benefits subject to change by Legislature; no vested rights in annuities, benefits, etc.; when determination of years of qualified service conclusive; reinstatement of benefits of certain members; adjustment of amount of benefits.
All rights, annuities and benefits provided herein shall be subject to future change by the Legislature of the state, and subject to future changes or revisions as provided in this article, and no member or beneficiary provided for in this article or hereafter existing shall be deemed to have any vested right in the fund or to any annuity or benefit provided in this article. However, when the board has once approved a member*s application for a retirement annuity or benefit and such member has actually received such benefits pursuant to the board*s determination for a period of two years, then such determination as to such member*s years of qualified service shall be conclusive, and the board shall not thereafter arrive at a different determination as to such member*s qualified service prior to such original determination as to such member*s qualified service prior to such original determination except in the case of fraud or misrepresentation of any fact in the applicant*s original application or application for retirement.
Any member who is receiving retirement benefits and returns to active law enforcement shall be covered under the provisions of Section 36-21-70.
(Acts 1969, No. 999, p. 1855, §18; Acts 1971, No. 1210. p. 2104, §17; Acts 1977, 1st Ex. Sess., No. 37, p. 1448; Acts 1988, No. 88-649, p. 1034, §1.)
Section 36-21-77
Section 36-21-77 Benefits, annuities, etc., not subject to attachment, garnishment, assignment, etc.; annuities and benefits to be paid directly to member or beneficiary.
None of the moneys referred to in this article or any benefit or annuity payable under this article shall be subject to attachment, garnishment or judgment entered against any member or any beneficiary entitled to receive the same nor shall any such be assignable. All payments of such annuities and benefits shall be paid directly to the member or to the beneficiary provided for in this article.
(Acts 1969, No. 999, p. 1855, §19; Acts 1971, No. 1210, p. 2104, §18.)
Section 36-21-78
Section 36-21-78 Annuities and benefits provided by chapter cumulative; participation by peace officers in other plans, systems, etc., not to bar participation in fund.
The annuities and benefits provided for in this article shall not repeal or be considered to be in substitution for any other annuity or benefit provided for by law or any other retirement system, whether municipal, county, state or federal.
Participation by a peace officer in any other such program, plan, fund or system shall not bar participation by such peace officer in the fund.
(Acts 1969, No. 999, p. 1855, §20; Acts 1971, No. 1210, p. 2104, §19.)
Section 36-21-100
Section 36-21-100 Short title.
This article shall be known and cited as the @Police Officer*s and Firefighter*s Survivors Educational Assistance Act.@
(Acts 1987, No. 87-609, p. 1058, §1.)
Section 36-21-101
Section 36-21-101 Definitions.
As used in this article, unless the context requires otherwise, the following terms shall have the following meanings:
(1) BOARD. Tuition Eligibility Board.
(2) ELIGIBLE PROGRAM. Any program leading to a diploma, certificate, or undergraduate degree in a state college, state community college, state junior college, state technical college, or state university.
(3) TUITION. The cost of instruction and fees to the student as stated in the institution*s catalog, plus the cost of books and supplies.
(Acts 1987, No. 87-609, p. 1058, §2.)
Section 36-21-102
Section 36-21-102 Assistance authorized; eligibility.
Upon July 23, 1987, when a full-time law enforcement officer or firefighter employed by the state, by any county, or by any municipality, is or was killed or becomes totally disabled in the line of duty, tuition assistance for undergraduate study at any state college, state community college, state junior college, state technical college, in the State of Alabama, and other costs officially prescribed for the classes in the course of study, shall be paid for the following:
(1) Any dependent child, natural or adopted, under 21 years of age at the time of death or total disability of the law enforcement officer or firefighter;
(2) A spouse who has not remarried, provided initial enrollment is within five years of the death or total disability of the law enforcement officer or firefighter unless the total disability occurred between July 23, 1987, and October 1, 2000, in which case the spouse has five years from October 1, 2000, to apply for available benefits.
(Acts 1987, No. 87-609, p. 1058, §3; Act 99-448, p. 1039, §1; Act 2000-808, p. 1920, §1.)
Section 36-21-103
Section 36-21-103 Forms and applications for implementation.
The Alabama Commision on Higher Education shall provide the necessary forms and applications for the implementation of this article, and shall supervise said implementation with the state college, state community college, state junior college, state technical college, or state university concerned.
(Acts 1987, No. 87-609, p. 1058, §4.)
Section 36-21-104
Section 36-21-104 Tuition Eligibility Board.
There is created the Tuition Eligibility Board, which shall determine the eligibility of any persons applying under the provisions of this article. The Tuition Eligibility Board shall certify to the Alabama Commission on Higher Education the eligible persons to receive tuition assistance under the provisions of Section 36-21-102. The Tuition Eligibility Board shall consist of two members appointed by the Governor, one member appointed by the Executive Board of the Alabama Education Association, one member appointed by the Board of Directors of the Alabama State Policemen*s Association, Inc., one member appointed by the Professional Firefighter*s Association of Alabama, one member appointed by the Alabama Firefighter*s Association, one member appointed by the Alabama State Lodge of the Fraternal Order of Police, one member appointed by the Alabama State Troopers Association, and one member appointed by the Board of Directors of the Alabama Peace Officers* Association. Each member shall serve four years from the date of appointment and shall have the right of succession. The board shall elect a chairperson from among the members and shall coordinate the implementation of this article with the Alabama Commission on Higher Education. The chairperson shall call meetings of the board to determine eligibility of applicants. Each board member shall receive reimbursement of expenses for duties performed in accordance with the provisions of this article. A majority of the members appointed shall constitute a quorum.
(Acts 1987, No. 87-609, p. 1058, § 5; Act 99-448, p. 1039, § 1.)
Section 36-21-105
Section 36-21-105 Appropriation of funds.
There is hereby appropriated annually from the Education Trust Fund of the State Treasury the amount sufficient to carry out the provisions of this article and the administrative expenses incident thereto.
(Acts 1987, No. 87-609, p. 1058, §6; Acts 1990, No. 90-239, p. 297, § 1.)
Section 36-21-120
Section 36-21-120 Definitions.
The following terms shall have the following meanings, respectively:
(1) MOWA BAND OF CHOCTAW INDIANS. The tribe of Indians organized as a nonprofit corporation and recognized as a tribal government by the State of Alabama.
(2) POLICE OFFICER. Any Peace Officers* Standards and Training Commission certified police officer appointed by the Mowa Band of Choctaw Indians Tribal Council pursuant to Section 36-21-122.
(3) RESERVATION. The Mowa Choctaw Indian Reservation, including any and all tribal properties or property owned in trust for the tribe by the United States government.
(Act 99-527, p. 1152, § 1.)
Section 36-21-121
Section 36-21-121 Legislative intent.
It is the intent of the Legislature to provide for the employment of police officers by the reservation in order to protect reservation boundaries from intruders and trespassers, to prevent damage to the properties and grounds of the reservation, and to provide for the safety of residents and employees of the reservation. The police officers shall be vested with powers similar to the powers vested in university police.
(Act 99-527, p. 1152, § 2.)
Section 36-21-122
Section 36-21-122 Employment of police officers.
The Mowa Band of Choctaw Indians Tribal Council may appoint and employ one or more suitable persons to act as police officers to protect the reservation from intruders and trespassers, to prevent damage to the properties and grounds of the reservation, and to provide for the safety of residents and employees of the reservation. No state or local funds allocated for law enforcement purposes shall be used to provide financial support for the law enforcement officers hired by the Mowa Band of Choctaw Indians. The authority of any person appointed as a police officer shall immediately cease when the person ceases to be an agent, servant, or employee of the reservation.
(Act 99-527, p. 1152, § 3.)
Section 36-21-123
Section 36-21-123 Powers generally.
Any police officer appointed pursuant to Section 36-21-122 shall be charged with all the powers of state or municipal police officers including, but not limited to, the right to bear firearms. The police officers may do any of the following:
(1) Eject trespassers from the buildings and grounds of the reservation.
(2) Without a warrant, arrest a person who is engaging in disorderly conduct, trespassing upon the property of the reservation, or committing any public offense in the presence of the police officers on the reservation property, and carry the person before the proper court and, upon proper affidavit, charge the person with committing the offense and the person so arrested may be tried and convicted as in cases of persons brought before the court on the warrant of the court.
(3) Arrest any person pursuant to a warrant who is on the premises of the reservation and is charged with any public offense and take the person before the proper office.
(Act 99-527, p. 1152, § 4.)
Section 36-21-124
Section 36-21-124 Limitation of powers.
The powers of police officers appointed pursuant to this article may be exercised only upon the premises of the reservation, and a police officer shall not otherwise act as a police officer while off the premises of the reservation, except under either of the following conditions:
(1) When in appropriate pursuit off the reservation of any offender or suspected offender who is charged with the commission of a crime while on the premises of the reservation.
(2) To make lawful arrests for a felony committed, or for which there is probable cause to believe has been committed, in the presence of the police officer or within the boundaries of the property owned or operated by the reservation.
(Act 99-527, p. 1152, § 5.)
Section 36-21-140
Section 36-21-140 Committee created; membership; operation; compensation.
(a) The Alabama Law Enforcement and Firefighter Service Medals Review Committee is created. The review committee shall be composed of one employee of the Governor*s office designated by the Governor; two members of the House of Representatives appointed by the Speaker of the House; two members of the Senate appointed by the Lieutenant Governor; and one member appointed by the President Pro Tempore of the Senate. Members shall serve at the pleasure of their appointing authorities.
(b) The committee shall operate within the office of the Governor and committee expenses shall be paid from the general operating funds of the office of the Governor. Expenses shall include, but not be limited to, the design, production, and purchase costs of the medals awarded pursuant to this article.
(c) Committee members shall be reimbursed for necessary expenses incurred in the course of their duties as provided for state officers and employees. The designee of the Governor shall be reimbursed from funds available through the Governor*s operating funds. Each legislative member of the committee shall be entitled to his or her regular legislative compensation, his or her per diem, and travel expenses for each day he or she attends a meeting of the committee. Upon requisitions signed by the chair of the committee, these payments shall be paid out of any funds appropriated to the use of the Legislature by means of warrants drawn by the state Comptroller on the State Treasury. Notwithstanding the foregoing, no legislative member shall receive additional legislative compensation or per diem when the Legislature is in session or if a member is being paid any other payments on the same dates for attendance on other state business.
(Act 2000-719, p. 1542, §1.)
Section 36-21-141
Section 36-21-141 Nomination and award.
(a) The committee shall determine the recipients of law enforcement awards and firefighting awards, which shall be medals as determined by the committee. The committee shall determine the type, number, and name of medals to be awarded to deserving recipients.
(b) The chief or head of each state and local law enforcement agency and firefighting agency or organization may provide nominations for awards for any of its respective officers or employees by March 31 of each year beginning in the year 2001 for the previous calendar year*s service. The committee shall develop a procedure for the submission of nominations and may provide necessary forms to appropriate individuals.
(c) In April of each year beginning in the year 2001, the committee shall review all nominations and select the recipients of the awards as provided in subsection (a).
(d) The awards shall be presented by the members of the Legislature from the legislative district in which the recipient served at a location and time agreed upon by the legislators and the recipient. Otherwise, the award may be presented by the chief or head of the agency if so designated by the Legislature.
(Act 2000-719, p. 1542, § 2.)
Section 36-21-142
Section 36-21-142 Relation to Legislative Medal of Honor.
Nothing in this article may be deemed to integrate or consolidate this article with Act 94-294, 1994 Regular Session, or any succeeding law relating to the Legislative Medal of Honor, or in any way to repeal or supersede Act 94-294. The awards herein provided are supplemental to the Legislative Medal of Honor.
(Act 2000-719, p. 1542, § 3.)
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