severable and in the event any part or portion hereof is declared invalid or unconstitutional, then the remainder shall not be affected. Section 5. This Act shall become effective immediately after its passage and approval by the Governor or upon its otherwise becoming a law. Approved August 18, 1976. Act No. 372 S. 362-St. John, Jones, Torbert, McDonald (A), McDonald (S), King, Little, Stewart AN ACT To require every municipality in the state to provide a civil service merit system governing its law enforcement officers or to enter into an agreement for participation in the state merit system. Be It Enacted by the Legislature of Alabama: Section 1. In recognition of the inefficiencies, inadequacies, and inconsistencies in law enforcement programs and practices of many municipalities of this state, and in recognition of the need for fair and impartial enforcement of the laws, for the protection of the person and property of the people of this state and for the promotion of the public health and welfare, this law is enacted to assure that every municipality in this state shall be provided an acceptable civil service merit system governing the appointment, removal, tenure and official conduct of its law enforcement officers. Section 2. As used in this act, the following words and terms shall, unless the context requires a different interpretation, have the meanings hereby respectively ascribed to them: "Law enforcement officer" shall mean and include a policeman, policewoman, and other official who has authority to make arrests, and who are employed by any municipality in the state as a permanent and regular employee for and subject to law enforcement duties but it does not include any person elected by popular vote. Section 3. Every municipality shall establish separately or jointly, a civil service merit system governing the appointment, removal, tenure and official conduct of municipal law enforcement officers. Section 4. Any municipality failing to establish such a civil service merit system for said law enforcement officers within one (1) year after the effective date of this Act, shall, subject to approval of the state personnel board, enter into an agreement with the state director of personnel to furnish the services and facilities of the state personnel department to such municipality in the administration of its law enforcement officers on merit principals. Any such municipality of the state is hereby authorized to enter into such agreements. Section 5. Each law enforcement officer in the civil service of any municipality at the time such municipality enters into such an agreement with the state director of personnel under the provisions of this Act shall upon the effective date of such agreement to be classified to the nearest classification of their present work assignment, and shall thereafter be governed by the state merit system rules and regulations, the same as any other law enforcement officer in the service of the state. Section 6. Every such agreement with the state director of personnel to furnish services and facilities of the state personnel department to such municipalities shall provide for the reimbursement to the state of the reasonable cost of the services and facilities furnished as determined by the state director of personnel. Funds obtained as reimbursement for such services shall be deposited into the accounts of the state personnel department and may be expended to help defray the expenses of said department. Section 7. This act shall not apply to any county or municipality with an established civil service or merit system already in existence at the time this Act becomes law so long as the said civil service or merit system continues in full force and effect. Section 8. Provided, however, that this Act shall not apply to any municipality of a population of less than 5,000 according to the most recent federal decennial census. Section 9. The salaries to be paid in each classification established by the merit system shall be determined by the governing body of the municipality. Section 10. The merit system may exempt from its provisions the Chief of Police and the deputy chief. Section 11. The merit system adopted may provide for a probationary period of employment of up to one year during which time said officer shall not obtain any rights under said system. Section 12. Each merit system created by this Act shall have the option of having at least one (1) member of its board appointed by the representatives and senators in that district. Section 13. The provisions of this Act are severable. If any part of the Act is declared invalid or unconstitutional, such declaration shall not effect the part which remains. Section 14. All laws or parts of laws which conflict with this Act are repealed. Section 15. This Act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming law. Approved August 23, 1976. Time: 3:00 P.M. Act No. 373 AN ACT S. 372-Baker To alter and rearrange the boundaries of the town of Rainsville, DeKalb County, Alabama, so as to annex and include within the corporate limits thereof, the territory hereinafter described. Be It Enacted by the Legislature of Alabama: Section 1. The boundaries and corporate limits of the Town of Rainsville, DeKalb County, Alabama, are hereby altered and rearranged so as to annex and include the following additional described territory lying in DeKalb County, Alabama, to-wit: The East Half of the N.E. 14th of the N.E. 14th of Section One Township 7, South Range 7 East. The South Half of the SW 14 of Section 28, Township 6, South of Range 8 East. Also: The NW 1/4 of the NW 14 and the East half of the NW 1/4 and a part of the SW 1/4 of the NW 14 which lies North of the county paved road, and the NE 14, and the NE 1/4 of the SE 14, all in Section 33, Township 6, South of Range 8 East. Also: A part of the SW 4 of the NW 14 which lies south of Alabama Highway 35, and the North half of the SW 4 and the SE 14 of the SW 4 and the SW 4 of the SE 14, all lying in Section 34, Township 6, South of Range 8 East. Also: A part of the NE 14 of the NW 14 which lies East of Alabama Highway 35; and a part of the NW 1 of the NE 1/4 which lies North and West of the 1200 foot contour line on the brow of Sand Mountain, all of which lies in Section 3, Township 7, South of Range 8 East. All of the above described property lies in DeKalb County, Alabama. Section 2. The outside boundaries of the territory described in Section 1 of this act together within the outside boundaries of the existing corporate limits of the Town of Rainsville, and any previous extension thereof, and all the territory included and embraced with said boundaries and within the boundaries of the existing town limits of the Town of Rainsville shall hereafter be and constitute the Town of Rainsville. Section 3. All laws and parts of laws, both general and special and local in conflict with this act shall be, and the same are hereby repealed. Section 4. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law. Approved August 23, 1976. Time: 3:00 P.M. Act No. 374 AN ACT S. 408-Stewart Relating to counties having a population of not less than 95,000 nor more than 115,000 inhabitants according to the 1970 or any subsequent federal decennial census; to provide that if a defendant in a criminal case enters a written plea of not guilty prior to his arraignment such plea shall constitute a waiver of his right to have an arraignment at which he is present in person or represented by an attorney. Be It Enacted by the Legislature of Alabama: Section 1. The provisions of this Act shall apply only to counties having a population of not less than 95,000 nor more than 115,000 inhabitants according to the 1970 or any subsequent federal decennial census. Section 2. If a defendant in a criminal case pending in a court of competent jurisdiction shall enter a written plea of not guilty at any time prior to the day of his arraignment such plea shall constitute a waiver of his right to have an arraignment at which he is present in person or at which he is represented by an attorney. Section 3. All laws or parts of laws which conflict with this Act are repealed. Section 4. This Act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law. Approved August 23, 1976. Time: 3:00 P.M. Act No. 375 AN ACT S. 465-Little Relating to Randolph County; providing for service of jury summonses, witness subpoenas, notice of appointment of election officials and notice of tax liens by mail. Be It Enacted by the Legislature of Alabama: Section 1. In Randolph County the sheriff may execute orders to summons jurors, subpoena witnesses, give notice of appointment of election official, or give notice of tax liens by certified mail, or he may execute such orders or give such notice as otherwise prescribed by law. It shall be the duty of the sheriff of the county to enclose the summons, subpoena or official notice of tax lien or of appointment as an election official in an envelope addressed to the person to be served and place all necessary postage and a return address thereon with notice to the postal authorities not to forward outside the county. In the event said jury summons, subpoena or official notice is returned to the sheriff by the Post Office Department of the United States without delivery the summons, subpoena or official notice shall be by the sheriff returned NOT FOUND. All jury summonses, subpoenas, or official notices not returned to the sheriff by said Post Office Department shall be considered for all purposes as sufficient personal and legal service. The provisions of this section in reference to service by mail shall not apply, however, to jury summonses, subpoenas or official notices returnable before the court instanter; such summonses, subpoenas or official notices shall be served only as otherwise provided for by law, notwithstanding this act. Section 2. The provisions of this act are severable. If any part of the act is declared invalid or unconstitutional, such declaration shall not affect the part which remains. Section 3. All laws or parts of laws which conflict with this act are hereby repealed. Section 4. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law. |