Ala. Code § 41-10-27.2 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-27.2
Section 41-10-27.2 Appropriation of Funds for Payment of Industrial Development Site Grants, Site Assessment Grants, or Site Development Grants
Status: in_force

Beginning in the fiscal year ending September 30, 2024, the Legislature shall annually appropriate an amount up to $2,000,000 from the Capital Improvement Trust Fund to the State Industrial Development Authority for the purpose of paying industrial development site grants, site assessment grants, or site development grants . The bond commission established by Section 210.04 of the Constitution of Alabama of 2022, shall consult with the State Industrial Development Authority and recommend to the Legislature the actual amount of the annual appropriation.
Ala. Code § 41-19-1 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-1
Section 41-19-1 Short Title
Status: in_force

This chapter may be cited as The Budget Management Act.
Ala. Code § 41-4-97 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-97
Section 41-4-97 Annual Report by Certain State Agencies Regarding Receipt of Federal Funds. (Amended by Act 2026-597)
Status: in_force

AMENDED BY ACT 2026-597, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) FEDERAL RECEIPTS. Federal financial assistance received or administered from federal entities in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, other assistance, and amounts received as reimbursement for services rendered to individuals, that is reported as part of a single audit.

(2) SINGLE AUDIT. An audit, as described under 31 U.S.C. § 7502(d), of a non-federal entity that includes the entity’s financial statements and federal awards.

(3) STATE AGENCY. An agency, department, authority, bureau, commission, or other administrative office of the state, including the legislative and judicial branches of state government. This term does not include a professional licensing board of the state.

(b) A state agency shall prepare an annual report on or before October 31, that includes all of the following:

(1) The aggregate value of federal receipts the state agency received and expended for the preceding fiscal year.

(2) The aggregate amount of federal funds appropriated by the Legislature to the state agency for the preceding fiscal year.

(3) A calculation of the percentage of the state agency’s total budget for the preceding fiscal year that constitutes federal receipts that the state agency received for that fiscal year.

(4) A plan for operating the state agency if either of the following occurs:

a. A reduction of 5 percent or more in the federal receipts that the state agency receives.

b. A reduction of 25 percent or more in the federal receipts that the state agency receives.

(c) The state agency shall provide the report required under subsection (b) to the Executive Budget Office by October 31.

(d)(1) The Department of Education shall include information for each public school district in the report required under subsection (b).

(2) The Alabama Community College System shall include information for each public community or technical college or other school or university under its supervision.

(e)(1) The Executive Budget Office, on or before January 1 of each year, shall prepare a report that includes the following:

a. A compilation and summary of the reports the office receives from each state agency.

b. A comparison of the aggregate value of federal receipts each state agency received for the previous fiscal year to the aggregate amount of federal funds appropriated by the Legislature to that state agency for that fiscal year.

c. A list of state agencies that did not submit a report as required by this subsection.

(2) The Executive Budget Office shall submit the report required under subdivision (1) to the Legislative Council by January 1.

(3) Upon receipt of the report, the Legislative Council shall place the report on the agenda for review and consideration. Upon consideration of the report, the committee may elect to do any of the following:

a. Recommend that the Legislature revise appropriations for a state agency.

b. Take no action.

c. Take any other action upon majority approval of the committee members.
Ala. Code § 41-9-81 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-81
Section 41-9-81 List of Criminals to Probate Judge; Board to Notify Victims of Escrow Money
Status: reserved

Repealed by Act 2019-538, § 1, effective June 10, 2019.
Ala. Code § 41-9-160 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-160
Section 41-9-160 Definitions
Status: in_force

When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) STATE BUILDING AND CONSTRUCTION. All buildings and other structures erected or acquired by or in behalf of the State of Alabama or any of its agencies or instrumentalities.

(2) SCHOOLHOUSE. Any building or other structure erected or acquired by the public schools of Alabama and also shall mean any private building in which 25 or more persons are congregated regularly for the purpose of instruction in any branch of knowledge.

(3) HOTEL. Any public inn or lodging house of 15 or more bedrooms, in which transient guests are lodged for pay.

(4) MOVING PICTURE THEATRE. Any building in which moving pictures are featured regularly for charge of admission.
Ala. Code § 41-1-15 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-15
Section 41-1-15 Unfair Treatment of Females or Males; Establishment of Certain Single-Sex Spaces or Environments
Status: in_force

(a) Any state law that prohibits discrimination on the basis of sex thereby forbids unfair treatment of females or males.

(b) Neither the state nor any political subdivision of the state shall be prohibited from establishing separate single-sex spaces or environments for males and females when biology, privacy, safety, or fairness are implicated.
Ala. Code § 41-15B-3 — Alabama Code / Title 41 / Chapter 15B / Section 41-15B-3
Section 41-15B-3 Eligibility to Receive Allocations
Status: in_force

The following criteria shall be met in order for any state agency or local entity to be eligible to receive allocations from the Children First Trust Fund:

(1) After the first year, these state agencies shall annually conduct a needs assessment of the children of Alabama and shall develop and implement a strategic plan which addresses the special needs of children. The purpose of this plan is to alleviate duplication of services. The plan and evaluation of results of programs shall be submitted to the council by July 1.

(2) Each county children’s policy council shall comply with Sections 12-15-133 and 12-15-134, and shall be actively involved in the coordination of requests for grants funded by the Children First Trust Fund.
Ala. Code § 41-23-272 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-272
Section 41-23-272 Alabama Digital Expansion Authority
Status: in_force

(a) The authority is created to advise, review, and approve the statewide connectivity plan.

(b)(1) The authority shall be comprised of the following members:

a. Three individuals designated by the Governor, who may be members of the private sector or public officials or public employees.

b. One individual designated by the President Pro Tempore of the Senate, who shall be a member of the private sector.

c. One individual designated by the Speaker of the House of Representatives, who shall be a member of the private sector.

d. The Director of ADECA.

e. The Division Chief of the Division, who shall serve as a nonvoting member.

f. Individuals who are public officials or public employees, as defined by Section 36-25-1, and designated by the following:

1. One by the Lieutenant Governor.

2. Two by the President Pro Tempore of the Senate, one of whom shall be recommended by the Minority Caucus of the Senate.

3. Two by the Speaker of the House of Representatives, one of whom shall be recommended by the Minority Caucus of the House of Representatives.

4. One by the Director of Finance.

(2) Any private sector designee under subdivision (1) shall not be an employee or consultant of an Internet service provider or have a financial interest in the provisions of this article.

(3) The appointing authorities shall coordinate their designations so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(c) The authority may recommend policies and procedures for the expansion and availability of high-speed broadband services throughout the state through review and approval of the statewide connectivity plan.

(d) The authority shall direct the corporation regarding the timing and quantity of funds required to support the division’s execution of the statewide connectivity plan as provided in this article.

(e) The authority shall meet annually with the Alabama Rural Broadband Oversight Committee, which was established under Section 41-23-214, for the purpose of receiving a report from ADECA as provided in Section 41-23-281.

(f) The authority may create advisory committees to assist and advise the authority in the performance and administration of its objectives and duties, including the hiring and retention of third-party consultants as determined to be necessary by the authority.

(g)(1) Public employee members of the authority shall serve without compensation, but shall be reimbursed for per diem and travel expenses at the same rate and under the same circumstances as are payable by law to state employees for each day they attend business of the authority.

(2) Legislative members of the authority shall serve without compensation, but shall receive his or her legislative per diem and travel expenses for each day the member attends a meeting of the authority or any related committees in accordance with Amendment 871 to the Constitution of Alabama of 1901, now appearing as Section 49.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(h) Any designated members of the authority shall serve at the pleasure of the appointing authority.

(i) The Director of ADECA shall call the first meeting of the authority not later than June 16, 2021. At the first meeting, the members of the authority shall elect a chair and vice chair. Meetings of the authority shall be called by the chair or by a majority of its members.

(j) Members of the authority or any committee established by the authority may participate in a meeting of the authority or committee in person, by means of telephone conference, video conference, or other similar communications equipment so that all individuals participating in the meeting may hear each other at the same time. Participation by any such means shall constitute presence in person at a meeting for all purposes, including for purposes of establishing a quorum.

(k) Seven members of the authority shall constitute a quorum, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority.
Ala. Code § 41-9-496 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-496
Section 41-9-496 Powers and Duties of Board Generally
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-4-204 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-204
Section 41-4-204 Chief of Legal Division - Representation of State Board of Adjustment
Status: in_force

The chief of the legal division shall represent the State Board of Adjustment in all legal matters, and the legal division shall do and perform all clerical duties and functions prescribed by the board. He or she shall attend all hearings of the board and advise with the members, when requested, on any legal questions arising from claims filed against the state or any of its agencies or institutions.
Ala. Code § 41-10-44.6 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.6
Section 41-10-44.6 Project Obligations Generally
Status: in_force

(a) Issuance of project obligations. The authority is authorized and empowered to issue its project obligations from time to time for the purpose of financing one or more projects in such aggregate principal amount as the board of directors shall determine to be necessary to provide for all or a portion of the project costs of the project or projects being financed and to pay the expenses of issuing the project obligations.

(b) Source of payment. All project obligations issued by the authority shall be limited obligations of the authority payable solely from any combination of the following: (1) The revenues and receipts of the authority derived from the financing agreement or agreements entered into by the authority with respect to the project or projects financed by such project obligations; (2) the income or proceeds realized by the authority under any mortgage or other security granted to the authority; (3) amounts derived from any letter of credit, insurance policy, or other form of credit enhancement applicable to the project obligations or loans made from the proceeds thereof; (4) any reserve or other fund established for such purpose by the authority; (5) any earnings on the proceeds of project obligations invested by the authority pending their disbursement; and (6) any tax increment fund or funds established by the authority. Project obligations shall not be general obligations of the authority, shall not be payable from any portion of the tax receipts pledged and appropriated to the authority for payment of bonds issued under Article 2, and shall not create a debt or obligation of the state.

(c) Pledge of revenues, receipts, and other security. The principal of, premium, if any, and interest on any project obligations issued by the authority shall be secured by a pledge of the revenues, receipts, funds, and other property out of which the same may be payable and may be secured by a mortgage and deed of trust or trust indenture conveying as security for such project obligations all or any part of the property of the authority from which the revenues or receipts so pledged may be derived.

The resolution of the board of directors under which any project obligations are authorized to be issued and any such mortgage and deed of trust or trust indenture may contain any agreements and provisions respecting the collection and disposition of the revenues and receipts subject to such mortgage and deed of trust or trust indenture, the creation and maintenance of special funds from such revenues and receipts, the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made and the rights and remedies available in the event of default, all as the board of directors shall deem advisable. Any pledge made with respect to project obligations shall be valid and binding from the time such pledge is made; the revenues, receipts, funds, and other property so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of such pledge shall be valid and binding as against all parties having claims of any kind against the authority irrespective of whether such parties have notice thereof. Neither the resolution of the board of directors authorizing the project obligations nor any other instrument by which such pledge is created need be recorded. Nonetheless, the authority may elect to have the provisions of the Alabama Uniform Commercial Code apply to any pledge made by or to the authority to secure its project obligations by filing a financing statement or statements with respect to the security interest created by such pledge, notwithstanding the exclusion of Section 7-9A-109(d)(14). Each pledge, agreement, mortgage and deed of trust or trust indenture made for the benefit or security of any of the project obligations of the authority shall continue effective until the principal of and interest on the project obligations for the benefit of which the same were made shall have been fully paid.

In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the project obligations were issued, whether contained in the proceedings authorizing the project obligations or in any mortgage and deed of trust or trust indenture executed as security therefor, such default may be enforced by mandamus, the appointment of a receiver, or either of said remedies, and foreclosure of such mortgage and deed of trust or trust indenture may, if provided for in said instrument, be had.

(d) Execution. All project obligations issued by the authority shall be signed by the president or the vice president of the authority and attested by its secretary, and the seal of the authority shall be affixed thereto and attested by the secretary. The signatures of the president, the vice president and the secretary may be facsimile signatures and a facsimile of the seal of the authority may be imprinted on project obligations if the board of directors provides for the manual authentication of project obligations by a trustee, or paying agent. Delivery of any project obligations so executed shall be valid notwithstanding any change in the officers of the authority or in the seal of the authority after such delivery.

(e) General provisions respecting form, interest rate, maturities, sale, and negotiability of project obligations. Project obligations may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this article, and shall bear such rate or rates of interest, payable and evidenced in such manner, or may bear no interest, as may be provided by resolution of the board of directors. Project obligations of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board of directors to be most advantageous. The authority may pay all fees, expenses, premiums, and commissions incurred in connection with the issuance of any of its project obligations. All project obligations, except those registered as to principal or as to both principal and interest, and any interest coupons applicable thereto issued by the authority, shall be construed to be negotiable instruments although payable solely from a specified source.

(f) Eligibility for investment. Project obligations of the authority are hereby made legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authority, and for savings banks and insurance companies organized under the laws of the state.
Ala. Code § 41-23-122 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-122
Section 41-23-122 Inland Waterways and Intermodal Infrastructure Advisory Board
Status: in_force

(a) The Director of ADECA shall create an Inland Waterways and Intermodal Infrastructure Advisory Board to advise the Director of ADECA. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban and rural, and economic diversity of the state. The membership of the board shall be composed of the following members to be selected and appointed by the Director of ADECA in consultation with the Coalition of Alabama Waterway Associations:

(1) One representative from each of the associations representing the five major navigable waterways serving Alabama, namely the Coosa-Alabama River Improvement Association, Warrior-Tombigbee Waterway Association, Tri Rivers Waterway Development Association, Tennessee River Valley Association, and Tennessee-Tombigbee Waterway Development Authority.

(2) One member from public port operations which have existing waterfront cargo handling facilities and which regularly employ the use of barge transportation.

(3) One member from private port operations which serve the public, have existing waterfront cargo handling facilities, and which regularly employ the use of barge transportation.

(4) The Executive Director of the Alabama State Port Authority, or his or her designee.

(5) The Chair of the Alabama delegation of the Southern Rapid Rail Commission, or his or her designee.

(6) The Director of the Alabama Department of Transportation, or his or her designee.

(7) The Commissioner of the Alabama Department of Agriculture and Industries, or his or her designee.

(8) The Secretary of the Department of Commerce, or his or her designee.

(9) The Division Chief of the Office of Water Resources at ADECA, or his or her designee.

(10) One member at large from a business or industry associated with inland waterway navigation or intermodal infrastructure facilities in the state.

(b) Board members shall serve at the pleasure of the Director of ADECA and shall continue in office until replaced. The Director of ADECA shall serve as chair, and a vice chair shall be elected by the board membership. Members of the board shall be reimbursed from funds available to ADECA for expenses, including travel and lodging in support of official board activities, to the same extent as state officers are reimbursed for state travel and per diem. The board shall meet at least two times a year and as necessary at the call of the chair.

(c) The board shall perform the following functions:

(1) Serve in an advisory capacity to the Director of ADECA, the Governor, and the Legislature in accomplishing its mission pursuant to this article.

(2) Assist in the development of rules, standards, policies, procedures, and directions of the office regarding its duties and responsibilities authorized by this article.

(3) Recommend specific public and private actions that would enable the state to utilize its waterways and intermodal infrastructure to promote future growth and economic development.

(4) Advise the Director of ADECA on applications submitted to the Inland Waterways and Intermodal Infrastructure Fund for financial assistance in the development and improvement of infrastructure supporting commercial river activities and intermodal facilities.
Ala. Code § 41-6-75 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-75
Section 41-6-75 Conservation Measures to Property; Disposal of Property
Status: in_force

(a) The department may apply conservation measures to or dispose of undocumented property if immediate action is required to protect the property or other property in the custody of the department, or if the property is a hazard to the health and safety of the public or the department staff.

(b) Unless there is a written stipulation in the loan agreement to the contrary, the department may apply conservation measures to or dispose of property on loan to the department without the owner’s permission or formal notice if immediate action is required to protect the property on loan or other property in the custody of the department, or if the property on loan is a hazard to the health and safety of the public or the department staff and if any of the following apply:

(1) The department is unable to reach the owner at the owner’s last known address or phone number if action is to be taken within more than three days but less than one week from the time the department determined action was necessary.

(2) The department is unable to reach the owner at the owner’s last known phone number prior to taking action if the action is to be taken within three days or less from the time the department determined action was necessary.

(3) The owner does not respond or will not agree to the protective measures the department recommends, yet is unwilling or unable to terminate the loan and retrieve the property.

(c) If the department applies conservation measures to or disposes of property under this section, or with the agreement of the owner, unless the agreement provides otherwise, the department:

(1) Has lien on the property and on the proceeds of any disposition of the property for the costs incurred by the department.

(2) Is not liable for injury to or loss of the property if the department:

a. Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the department, or that the property on loan was a hazard to the health and safety of the public or the department staff.

b. Exercised reasonable care in the choice and application of conservation measures.
Ala. Code § 41-5A-1 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-1
Section 41-5A-1 Created; Divisions; Offices
Status: in_force

(a) There is created the Department of Examiners of Public Accounts, composed of any divisions the chief examiner determines to be necessary.

(b) The office of the department shall be located in Montgomery, Alabama, but the department may conduct examinations and audits and establish offices throughout the state.
Ala. Code § 41-10-867 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-867
Section 41-10-867 Limitation on Eminent Domain
Status: in_force

The state, or any subdivision of the state, shall not use the powers of eminent domain provided in Title 18, to execute this article.
Ala. Code § 41-23-50 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-50
Section 41-23-50 Creation of Economic Development Revolving Loan Funds; Regional Planning and Development Commissions to Disburse Moneys; Administration; Use of Funds; Interest and Costs
Status: in_force

There is hereby appropriated from the State General Fund to the Alabama Department of Economic and Community Affairs for the 1990-91 fiscal year the sum of $500,000 to be used to create and establish throughout this state several economic development revolving loan funds from which the several existing regional planning and development commissions, as defined in Articles 4 and 5 of Chapter 85 of Title 11, may disperse moneys, from time to time, to finance local economic development projects. These funds shall be distributed by the Department of Economic and Community Affairs to qualifying regional planning commissions for disbursement. The Department of Economic and Community Affairs shall establish such policies and procedures as may be deemed necessary as to insure accountability of funds in relation to state statutes and federal programs to which these funds may be pledged as required match. Such policies and procedures will be reviewed and approved or disapproved by the Regional Revolving Loan Policy Committee herein established by this article. Moneys borrowed from such revolving loan funds may be combined with or used to facilitate access to either federal funds or foundation grants or loans or to leverage private sector financing that may be available for initial or “seed” capital, long or short term fixed asset or equipment loans or working capital for local economic development projects for improving, developing, or financing new, existing, or expanding business or industry to preserve or create employment. Such borrowed moneys shall be loaned and repaid under such rules, regulations, and conditions as prescribed by Alabama Department of Economic and Community Affairs and approved, from time to time, by the Regional Revolving Loan Policy Committee provided for in Section 41-23-51. Principal and interest payments to the economic development revolving loan funds shall be retained by the respective economic development revolving loan funds for local economic development. Reasonable administrative costs for servicing such loans and for the administration of the respective economic development revolving loan funds may be paid from fees, charges and interest on the loans and from available balances.
Ala. Code § 41-4-84 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-84
Section 41-4-84 Estimates of Appropriations to Be Submitted to Department of Finance
Status: in_force

On or before the first day of the third month next preceding each regular business session of the Legislature, each department, board, bureau, commission, agency, office, and institution of the state shall transmit to the Department of Finance, on blanks to be furnished it, estimates of their expenditure requirements for each budget year, classified so as to distinguish between expenditures estimated for salaries, travel and per diem expenses, administration, operation and maintenance and the cost of each project involving the purchase of land or the making of a public improvement or a capital outlay of a permanent character, together with such supporting data and explanations as may be called for by the Department of Finance. In case of the failure of any department, board, bureau, commission, agency, office, or institution of the state to submit such estimate within the time above specified, the Governor shall cause to be prepared such estimates for such department, board, bureau, commission, agency, officer, or institution of the state as in his or her opinion are reasonable and proper.
Ala. Code § 41-9-219.2 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-219.2
Section 41-9-219.2 Limitation on Certifications
Status: in_force

Once the department has certified a cumulative amount of qualified equity investments that can result in the utilization of twenty million dollars ($20,000,000) of tax credits in any tax year, the department may not certify any more qualified equity investments under Section 41-9-219.3. This limitation shall be based on the scheduled utilization of tax credits without regard to the potential for taxpayers to carry forward tax credits to later tax years.
Ala. Code § 41-13-20 — Alabama Code / Title 41 / Chapter 13 / Section 41-13-20
Section 41-13-20 State Records Commission Created; Composition; Compensation; Meetings
Status: in_force

There is hereby created a State Records Commission consisting of nine members as follows: The Director of the Department of Archives and History, who shall be chair of the commission; the Chief Examiner of the Department of Examiners of Public Accounts; the Attorney General; the Secretary of State; the Commissioner of the Department of Revenue; the Director of the Department of Finance; one member from the University of Alabama, to be designated by the head of the Department of History; one member from Auburn University, to be designated by the head of the Department of History; and one member, an archivist, historian, or librarian, from one of Alabama’s Historically Black Colleges and Universities (HBCUs), to be appointed by the Governor. The members from the University of Alabama, Auburn University, and the HBCUs may be removed by the Governor at any time. All ex officio members, except the Director of the Department of Archives and History, may select a designee to represent him or her on the commission. No salary or compensation shall be allowed any member of the commission except expenses incurred in the performance of their duties, which expenses shall be paid pursuant to Article 2 of Chapter 7 of Title 36. The commission shall hold two regular meetings each year and at other times upon the call of the chair.
Ala. Code § 41-9-373 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-373
Section 41-9-373 Duties of Commission Generally; Reports to Legislature
Status: in_force

Each commissioner shall attend the meeting of the National Conference of Commissioners on Uniform State Laws and, both in and out of the national conference, shall do all in his or her power to promote uniformity in state laws upon all subjects where uniformity is deemed desirable and practicable. The commission shall report to the Legislature at each regular session and from time to time thereafter as the commission deems proper an account of its transactions and its advice and recommendations for legislation. It is also the duty of the commission to bring about as far as practicable the uniform judicial interpretation of all uniform laws.
Ala. Code § 41-5A-20 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-20
Section 41-5A-20 Settlement of Charges; Recovery of Overpayments
Status: in_force

(a) The chief examiner shall keep a docket in which shall be entered, in favor of the state, county, or municipality, as the case may be, cases against persons who have not properly and lawfully accounted for all sums of money coming into their hands as public officers, agents, or employees. If an amount found to be due the state, county, or other governmental unit or agency as a result of an examination or audit is not settled upon demand by the examiner, the chief examiner shall immediately issue notice to the person in default and require him or her to appear on a day certain and show cause why the amount due should not be paid. If the defaulting officer fails to settle or to show just cause why the amount due should not be collected, the chief examiner shall certify such facts and the amount due the state to the Attorney General, and the Attorney General shall bring a civil action in the name of the state against the officer and his or her bondsmen. If the amount due by the officer is in favor of the county or municipality, then the chief examiner shall certify to the district attorney of the circuit the amount or amounts so due, and the district attorney shall proceed to collect the amount by a civil action against the officer and his or her bondsmen.

(b)(1) If an overpayment, as defined in Section 41-5A-6, is discovered and a warrant on the State Treasury has been issued in excess of the amount due to a state employee, the appointing authority at the employing agency, the state Comptroller or the State Director of Personnel may compel the employee to return the amount paid in error immediately following the discovery of the error. The employee may return the amount due in a lump sum or in a payment plan agreed to by the employee and the entity seeking recovery of the overpayment.

(2) If an amount found to be due is not settled upon demand by the entity seeking recovery of the overpayment, the employee shall immediately be issued notice requiring him or her to appear on a day certain and show just cause why the amount due should not be collected. If the employee fails to settle or show just cause why the amount due should not be collected, the entity seeking recovery of the overpayment shall certify the facts and the amount due to the chief examiner and the Attorney General. The Attorney General may bring a civil action in the name of the state against the employee.

(3) The Attorney General must notify the entity seeking recovery of the overpayment of his or her intent not to pursue civil action within 60 days of receiving the certified facts, and the appointing authority at the employing agency, the state Comptroller or the State Director of Personnel may instead bring a civil action in the name of the state against the employee.

(4) Notwithstanding subdivisions (1) to (3), inclusive, nothing in this section shall be construed to infringe upon or circumvent any duties or powers of the Department of Examiners of Public Accounts or the Attorney General.
Ala. Code § 41-9-636 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-636
Section 41-9-636 Limitations Upon Provision of Information Generally
Status: in_force

Provision of information under this article shall be limited by all constitutional provisions, limitations, and guarantees, including, but not limited to, due process, the right of privacy, and the tripartite form of Alabama’s state government.
Ala. Code § 41-10-756 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-756
Section 41-10-756 Refunding Bonds
Status: in_force

(a) Any bonds issued by the authority may from time to time be refunded by the issuance, sale, or exchange of refunding bonds for the purpose of paying the following items:

(1) All or any part of the principal of the bonds to be refunded.

(2) Any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with such refunding.

(3) Any accrued and unpaid interest on the bonds to be refunded.

(4) Any interest to accrue on each bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity.

(5) The expenses incurred in connection with the refunding.

(b) Refunding bonds of the authority may be sold, in the discretion of the authority, either (1) at public sale or sales, based on sealed bids received either electronically or on paper, after advertisement as may be prescribed by the authority, to the bidder whose bid reflects the lowest true interest cost to the authority computed to the respective maturities of the bonds sold; provided, however, that if no bid deemed acceptable by the authority is received, all bids may be rejected and the bonds offered again for public sale in accordance with the terms herein prescribed; or (2) by negotiated sale, or may be exchanged for the bonds to be refunded. Any such refunding bonds may be executed and delivered by the authority at any time and, from time to time, shall be in such form and denomination or denominations and of such tenor and maturity or maturities, shall contain such provisions not inconsistent with the provisions of this article, and shall bear such rate or rates of interest, payable at such place or places, either within or without the state, and evidenced in such manner, as may be provided by resolution of the authority.
Ala. Code § 41-23-173 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-173
Section 41-23-173 Duties. (Amended by Act 2026-324)
Status: in_force

AMENDED BY ACT 2026-324, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

The authority shall have the following duties:

(1) Encourage the education and training of aerospace professionals to pioneer the frontier of space and to develop new methods and technologies for the exploration of space.

(2) Promote new space exploration, space tourism, and spaceport technologies across a wide spectrum of corporate, academic, public, and private innovation infrastructures.

(3) Sponsor aerospace conferences and business roundtables to enable networking among key aerospace leaders and public officials.

(4) Encourage the leveraging of venture capital and seed public-private partnerships to promote entrepreneurship and expand space enterprise.

(5) Propose business initiatives, tax credits, small business incubator programs, and other initiatives to stimulate economic development and innovation within the aerospace and space systems communities.

(6) Perform a study on the feasibility of securing approval for the State of Alabama to have a federally licensed spaceport.

(7) Encourage space research and education centers to support these programs and facilitate technology transfer.

(8) Work with the Department of Tourism, the Alabama Space Science Exhibit Commission, and other public agencies to communicate the multiple scientific, educational, and commercial benefits of space exploration and the legacy of Alabama’s contributions to America’s space program to the public and to promote space tourism and training.
Ala. Code § 41-4-177 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-177
Section 41-4-177 Procurement Assistance for Small and Disadvantaged Businesses
Status: in_force

(a) It is the policy of the state that the Chief Procurement Officer shall provide reasonable procurement assistance to small and disadvantaged businesses in this state.

(b) The Chief Procurement Officer shall identify programs designed to assist small and disadvantaged businesses in procurement activities governed by this article, which may include staff assistance, special publications, source lists, solicitation mailing lists, and training programs.

(c) The Chief Procurement Officer may reduce the level or change the types of bonding normally required, or accept alternative forms of security to the extent necessary, to encourage procurement from small and disadvantaged businesses.

(d) The Chief Procurement Officer may make special provisions for progress payments as he or she determines to be reasonably necessary to encourage procurement from small and disadvantaged businesses.
Ala. Code § 41-9-924 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-924
Section 41-9-924 Board Personnel
Status: in_force

The board may hire personnel necessary or as advisable to carry out the purposes and provisions of this article. Personnel shall be subject to the provisions of the state Merit System Act.
Ala. Code § 41-9-923 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-923
Section 41-9-923 Officers, Meetings, Rules, Travel Expenses, Vacancies, Etc
Status: in_force

The board shall elect a chair, a vice-chair, and secretary-treasurer from its members for a term of one year and may appoint any committees it considers necessary to carry out its duties pursuant to this article. The board shall meet at least once each year. Additional meetings may be held as prescribed in its rules and by-laws. A majority of the members shall constitute a quorum for transaction of business. The secretary-treasurer shall keep a record of the proceedings of the board. The board may promulgate and adopt rules and regulations consistent with this article which are necessary for the performance of its duties. The members of the board shall not be compensated for their services. The board members shall be reimbursed for their travel expenses in the same manner as state employees. The board shall fill vacancies as they occur in the manner prescribed in this article. A board member shall serve until his or her successor is appointed.
Ala. Code § 41-13-1 — Alabama Code / Title 41 / Chapter 13 / Section 41-13-1
Section 41-13-1 Public Records Defined
Status: in_force

As used in this article, the term “public records” shall include all written, typed or printed books, papers, letters, documents, and maps made or received in pursuance of law by the public officers of the state, counties, municipalities, and other subdivisions of government in the transactions of public business and shall also include any record authorized to be made by any law of this state belonging or pertaining to any court of record or any other public record authorized by law or any paper, pleading, exhibit, or other writing filed with, in or by any such court, office or officer.
Ala. Code § 41-23-29 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-29
Section 41-23-29 Powers and Duties of Department
Status: reserved

REPEALED BY ACT 2023-546, EFFECTIVE DECEMBER 1, 2028 UNLESS EXTENDED BY AN ACT OF THE LEGISLATURE.

The department shall administer the provisions of this article and shall have the following powers and duties in addition to those mentioned elsewhere in this article and in other laws of this state:

(1) To monitor the implementation and operation of this article and conduct a continuing evaluation of the progress made in the enterprise zones.

(2) To assist the governing authority of an enterprise zone in obtaining assistance from the federal government, including the possible suspension of federal regulations within the enterprise zone.

(3) To assist the governing authority of an enterprise zone in obtaining assistance from any other department of state government, including assistance in providing training, technical assistance, and wage subsidies to new businesses and small businesses within an enterprise zone.

(4) To assist any employer or prospective employer within an enterprise zone in obtaining the benefits of any incentive or inducement program authorized by Alabama law.

(5) To submit an annual written report evaluating the effectiveness of the program and any suggestions for legislation to the Governor and the Legislature no later than the third day of each regular session.

(6) To promulgate rules and regulations to effectuate this article, in accordance with the Administrative Procedure Act.

(7) To notify each legislator whose district includes any portion of an enterprise zone when the department designates such a zone.
Ala. Code § 41-16-53 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-53
Section 41-16-53 Letting of Contracts When Circumstances Arise for Which a Delay Is Likely to Cause Harm to an Individual or Public Property
Status: in_force

Notwithstanding any law to the contrary, in the event circumstances arise for which a delay would likely cause harm to an individual or public property, a contract may be let to the extent necessary to mitigate the harm without regard to the requirements of this article, provided the awarding authority does both of the following:

(1) Documents two or more price quotations or price estimates before letting the contract.

(2) Adopts a resolution declaring the nature of the circumstances, the action to be taken, and the reasons for taking the action.
Ala. Code § 41-16-52 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-52
Section 41-16-52 Expenditures for Repair or Lease of Heavy Duty Off-Highway Construction Equipment May Be Made Without Regard to Provisions of Article
Status: in_force

(a) All expenditures of funds for repair parts and the repair of heavy duty off-highway construction equipment or of any vehicles with a gross vehicle weight rating of 25,000 pounds or greater, including machinery used for grading, drainage, road construction, and compaction for the exclusive use of county and municipal highway, street, and sanitation departments, involving not more than forty thousand dollars ($40,000) made by or on behalf of any county commissions and the governing bodies of the municipalities of the state, and the governing bodies of instrumentalities, including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions, shall be made, at the option of the governing boards, bodies, instrumentalities, and commissions, without regard to this article. The foregoing exemption from this article shall apply to each incident of repair as to any repair parts, equipment, vehicles, or machinery. The amount of the exempted expenditure shall not be construed to be an aggregate of all the expenditures per fiscal year as to any individual vehicle or piece of equipment or machinery.

(b) The option provided by subsection (a) may be exercised by the governing boards, bodies, instrumentalities, and commissions by specific reference to this section on any purchase orders and purchase commitments executed by the governing boards, bodies, instrumentalities, and commissions. However, the option shall not be exercised by any employee, agent, or servant unless done so after having received official prior approval of the respective governing board, body, instrumentality, or commission or unless exercised pursuant to a formal policy adopted by the governing board, body, instrumentality, or commission setting out conditions and restrictions under which the option shall be exercised.

(c) All expenditures of funds for the leasing of heavy duty off-highway construction equipment and all vehicles with a gross vehicle weight rating of 25,000 pounds or greater, including machinery for grading, drainage, road construction, and compaction for exclusive use of county and municipal highway, street, and sanitation departments, involving a monthly rental of not more than ten thousand dollars ($10,000) per month per vehicle or piece of equipment or machinery but not to exceed thirty thousand dollars ($30,000) per month for all such vehicles and pieces of equipment made by or on behalf of any county commissions and the governing boards of municipalities of the state and the governing bodies of instrumentalities, including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions shall be made, at the option of the governing boards, bodies, instrumentalities, and commissions, without regard to this article.
Ala. Code § 41-16A-11 — Alabama Code / Title 41 / Chapter 16A / Section 41-16A-11
Section 41-16A-11 Chapter Declaratory of Existing Law
Status: in_force

It is hereby found, determined, and declared that the provisions of this chapter are declaratory of existing law and the provisions of this chapter shall not be construed adversely to the legality, authorization, or validity of any contract, agreement, or arrangement heretofore entered into by any governmental entity.
Ala. Code § 41-10-470 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-470
Section 41-10-470 Conveyance to Authority by State
Status: in_force

The Governor of Alabama is authorized to execute and deliver immediately before or simultaneously with the issuance of the first bonds of the authority an appropriate deed or deeds conveying to the authority any land belonging to the state situated in the City and County of Montgomery upon which the following buildings are located, such buildings being referred to herein by their commonly known names:

(1) Alabama State House

(2) Folsom Administrative Building

(3) Public Health Building

(4) Judicial Building

(5) Public Safety Building

(6) Archives and History Building

(7) State Office Building.

Upon delivery of such deed or deeds to the authority it thereby shall be invested with all rights and title that the State of Alabama had in the property conveyed thereby, subject to the right of reverter to the state upon the dissolution of the authority. The consideration for said conveyance shall be the authority’s agreement to reconvey said land to the state, with all improvements thereon free of charge, immediately before the dissolution of the authority. Said consideration is hereby conclusively determined to be valuable, adequate and fair. Immediately prior to its dissolution the authority shall also convey to the state all other assets acquired by the authority, whether by purchase, gift, grant, or otherwise, provided the terms of the grant are not violated thereby.
Ala. Code § 41-10-451 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-451
Section 41-10-451 Definitions
Status: in_force

(1) AUTHORITY. The public corporation organized pursuant to the provisions of this article.

(2) BONDS. Those bonds, including refunding bonds, authorized to be issued by the authority pursuant to act of the Legislature.

(3) GOVERNMENT SECURITIES. Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof (which may consist of the principal thereof or the interest thereon).

(4) PERMITTED INVESTMENTS. (i) Government securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: bank for cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks, or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least “AA” by Standard & Poor’s Corporation and at least “Aa” by Moody’s Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits exceed available federal deposit insurance, such time deposits are fully secured by obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value (exclusive of accrued interest) at least equal to such bank time deposits so secured, including interest and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard & Poor’s Corporation for structured financings, (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value (exclusive of accrued interest) at least equal to the purchase price of such repurchase agreements and which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a perfected security interest in such obligations, and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard & Poor’s Corporation for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least “AA” by Standard & Poor’s Corporation and at least “Aa” by Moody’s Investors Service.

(5) REFUNDING BONDS. Those bonds authorized to be issued by the authority pursuant to act of the Legislature for the purpose of refunding or paying bonds of the authority and purposes ancillary thereto.

(6) STATE. The State of Alabama.

(7) Pronouns when used in this article shall include all applicable genders.
Ala. Code § 41-10-203 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-203
Section 41-10-203 Board of Directors; Members; Terms; Vacancies; Qualifications; Expenses; Quorum; Impeachment; Copies of Proceedings as Evidence
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-23-273 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-273
Section 41-23-273 Alabama Digital Expansion Division - Creation; Division Chief; Committees
Status: in_force

(a) The Alabama Digital Expansion Division is created as a division of ADECA. The division shall be run by a division chief, who shall be appointed by the Director of ADECA, with the approval of the Governor, from a list of three nominees submitted by the authority. The division chief shall report to, and be under the direct supervision of, the Director of ADECA. The division chief shall carry out the functions and duties of the division. The division chief shall be knowledgeable in matters relating to broadband and shall have no financial interest in any broadband or related business or enterprise which would conflict or be inconsistent with his or her duties as division chief. The division chief shall be employed in the exempt service.

(b) The division chief shall have the power and authority necessary to carry out the functions and duties of the division. All functions and duties of the division shall be exercised by the division chief or through such employees or other individuals the division chief may designate. In the performance and exercise of such powers, authorities, functions, and duties, the division chief and other employees of the division shall be subject to all legal requirements, restrictions, limitations, conditions, and penalties, whether civil or criminal. These powers, authorities, functions, and duties include, but are not limited to, the following:

(1) Exercise duties as the chief executive of the division and exercise, consistent with this article and other applicable laws, all the powers, authority, and duties vested by this article and any other applicable ADECA policies and regulations or laws providing for the operation of the division.

(2) Employ, with the approval of the Director of ADECA, all individuals necessary for the efficient operation of the division, including professional, technical, clerical, and other staff, including attorneys, special counsel, and consultants as are necessary to accomplish the objectives of this article.

(3) Enter into nondisclosure agreements to protect proprietary information. All provider-specific information provided under a nondisclosure agreement shall be presumed confidential and proprietary and shall not be considered a public record. Provider-specific information shall not be released to any person other than to the submitting broadband services provider and to appropriate ADECA staff, agents, or contractors without the express written consent of the submitting broadband services provider. Provider-specific information shall only be used for broadband mapping, policy development, grant eligibility purposes, and furthering the broadband goals of the state.

(c) Upon approval by the Director of ADECA, the division chief may establish technical and other advisory committees to advise the division with respect to specific objectives.
Ala. Code § 41-9-292 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-292
Section 41-9-292 Use of State Cultural Resources
Status: in_force

(a) All cultural resources as defined herein are declared to be state cultural resources subject to the exclusive dominion and control of the State of Alabama.

(b) Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a prior contract or permit obtained through the commission, which is designated as the official custodian of state cultural resources within the jurisdiction of the State of Alabama; provided, however, that issuance of any contract or permit shall also be subject to the prior written approval of the Commissioner of Conservation and Natural Resources.
Ala. Code § 41-4-172 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-172
Section 41-4-172 Sale, Acquisition, or Use of Supplies or Services Between Public Procurement Units
Status: in_force

A public procurement unit may sell to, acquire from, or use any supplies or services belonging to another public procurement unit without regard to the requirements of Division 3.
Ala. Code § 41-9-711 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-711
Section 41-9-711 Compensation
Status: in_force

The members of the Alabama Indian Affairs Commission shall receive no compensation for their services, other than reimbursement for travel and other expenses actually incurred in the performance of their official duties.
Ala. Code § 41-9-73 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-73
Section 41-9-73 Appropriations for Payment of Awards, Etc
Status: in_force

There is hereby appropriated annually out of the General Fund of the State of Alabama, the State Insurance Fund, the fund of the Department of Corrections, the Education Trust Fund, the Special Mental Health Fund, or any other fund of the state, to be determined by the Board of Adjustment, an amount, not exceeding $1,000,000.00 for each fiscal year, as may be necessary to pay the claims ordered paid by the Board of Adjustment and its expenses. There is also hereby appropriated, for each fiscal year, an additional amount, not exceeding $175,000.00, from funds of the State Department of Transportation to pay the claims chargeable against the State Department of Transportation which are ordered paid by the Board of Adjustment and its expenses. There is also appropriated, in addition to the foregoing appropriations, from the State General Fund to the State Board of Adjustment, the sum of $400,000.00 for each fiscal year for the purpose of paying death benefits covered under the provisions of Article 1 of Chapter 30 of Title 36 of this Code.
Ala. Code § 41-9-870 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-870
Section 41-9-870 Creation of Alabama Peace Officers’ Hall of Fame Board; Composition; Compensation; Meetings
Status: in_force

(a) The Alabama Peace Officers’ Hall of Fame Board is hereby created and established. The board shall be composed of seven law enforcement officers. Any board member serving on May 14, 2012, shall serve a term of four years commencing from that date, and thereafter, all board members shall be appointed as herein provided and shall serve a term of office of four years. Each two years the board shall elect one of its members to serve as chair. The board members shall be appointed as follows: One member shall be appointed from the Alabama Peace Officers’ Association; one member shall be appointed from the Alabama Sheriffs’ Association; one member shall be appointed from the Fraternal Order of Police; one member shall be appointed from the Alabama League of Municipalities; one member shall be appointed from the Alabama Association of County Commissioners; one member shall be appointed by the Alabama Association of Chiefs of Police, and one member shall be appointed from the Alabama State Troopers Association. Members of the board shall not be compensated for their services. The board shall meet annually at the office of the Alabama Peace Officers’ Association, or at such other times and places as its rules and bylaws may prescribe. A majority of the members shall constitute a quorum for the transaction of business.

(b) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
Ala. Code § 41-8-40 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-40
Section 41-8-40 Legislative Intent
Status: in_force

It is the intent of the Legislature that:

(1) State publications of public interest be made available to the public.

(2) An efficient distribution and depository system of state publications be established.

(3) The preservation of all state publications having historical value be ensured.
Ala. Code § 41-10-492 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-492
Section 41-10-492 Authority as Public Corporation
Status: in_force

The state Finance Director, the state Budget Officer and one person appointed by the Governor, one person appointed by the Speaker of the House, and one person appointed by the Lieutenant Governor, may become a public corporation with the power and authority provided in this article by proceeding according to the provisions hereof. Those persons appointed by the Governor, Lieutenant Governor, and Speaker of the House shall serve at the pleasure of the official appointing them and until their replacements have been appointed. The State Treasurer shall be treasurer of the authority, shall act as custodian of the funds of the authority, and shall pay the principal of and interest on the bonds of the authority out of the funds hereinafter provided for; provided, that the State Treasurer may designate one or more banks either within or without the state as the paying agent with respect to any series of bonds issued under this article.
Ala. Code § 41-13-5 — Alabama Code / Title 41 / Chapter 13 / Section 41-13-5
Section 41-13-5 Destruction, Etc., of Public Records Having No Significance, Importance or Value
Status: in_force

Any public records, books, papers, newspapers, files, printed books, manuscripts, tapes, or other public records which have no significance, importance, or value may, upon the advice and recommendation of the custodian thereof and upon the further advice, recommendation and consent of the State or Local Government Records Commission be destroyed or otherwise disposed of. The State and Local Government Records Commissions are hereby authorized and empowered to make such orders, rules, and regulations as may be necessary or proper to carry the provisions of this section into effect.
Ala. Code § 41-10-518 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-518
Section 41-10-518 Venue for Actions
Status: in_force

Any action to protect or enforce any rights under the provisions of this article shall be brought in the Circuit Court of Montgomery County, Alabama.
Ala. Code § 41-11-1 — Alabama Code / Title 41 / Chapter 11 / Section 41-11-1
Section 41-11-1 Creation; Purpose
Status: in_force

There is hereby created and established an organization which shall be known as the “Alabama Academy of Honor,” hereinafter referred to as “the academy.” The purpose of the academy shall be to bestow honor and recognition upon living Alabamians for their outstanding accomplishments and service.
Ala. Code § 41-9-549 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-549
Section 41-9-549 Assistance of Attorney General
Status: in_force

The authority shall be entitled to the services of the state Attorney General in connection with the affairs of the authority.
Ala. Code § 41-9-992 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-992
Section 41-9-992 Commission Generally
Status: in_force

(a) There is created an International Voting Rights Trail Commission. The commission shall be responsible for educating people about the significant historical events associated with the trail and the voting rights movement and promoting economic development and tourism in connection with the trail inclusive of counties and cities that were sites of significant events that impacted the trail’s inception. The commission may receive funds from any legal source and disburse those funds in furtherance of its mission.

(b) The commission shall coordinate its efforts with the Alabama Historical Commission, the Alabama Department of Transportation, the Alabama Department of Commerce, the Alabama Department of Economic and Community Affairs, the State Department of Tourism and Travel, the Department of Conservation and National Resources, and the National Park Service.

(c) The commission shall perform all of the following duties:

(1) Work with the National Park Service, Department of Conservation and Natural Resources, and the Alabama Historical Commission in the coordination of projects and activities to promote the historical significance of the trail.

(2) Work with the Department of Tourism and Travel to promote tourism in, on, around, and in conjunction with the trail.

(3) Work with the Alabama Department of Economic and Community Affairs, the Alabama Department of Commerce, county commissions, and local city officials to encourage businesses and tourist attractions located in the vicinity of the trail.

(4) Work with the Alabama Department of Transportation on any purpose included in this article.

(d) The commission shall consist of 28 members who shall be appointed in the following manner:

(1) Three members appointed by the Governor.

(2) One member appointed by the Member of Congress representing the Seventh Congressional District.

(3) One member appointed by the members of the Southern Christian Leadership Conference.

(4) One member appointed by the members of the Alabama Historical Commission.

(5) One member appointed by the members of the Montgomery City Council.

(6) One member of the Montgomery County Commission.

(7) One member appointed by the members of the Montgomery Improvement Association.

(8) One member appointed by the members of St. Jude of Montgomery.

(9) One member appointed by the members of Mt. Zion Church of Montgomery.

(10) One member appointed by the members of the Lowndes County Commission.

(11) One member appointed by the members of the Hayneville Town Council.

(12) One member appointed by the members of the Lowndes County Christian Movement.

(13) One member appointed by the members of the White Hall Town Council.

(14) One member appointed by the members of the Dallas County Commission.

(15) One member appointed by the members of the Dallas County Voters League.

(16) One member appointed by the Board of Directors of the National Voting Rights Museum and Institute.

(17) One member appointed by the members of the Selma City Council.

(18) One member appointed by the members of the Perry County Commission.

(19) One member appointed by the members of the Marion Town Council.

(20) One member appointed by the members of the Perry County Civic League.

(21) One member appointed by the members of Brown Chapel A.M.E. Church.

(22) One member appointed by the members of the Dexter Avenue King Memorial Church.

(23) One member appointed by the members of the First Baptist Church located on Martin Luther King Street in Selma.

(24) One member appointed by the Macon County Commission.

(25) One member appointed by the Tuskegee City Council.

(26) One member appointed by the City Council of Shorter.

(e) The members of the commission shall serve staggered three-year terms. The initial terms of the members shall be determined by lot, one-third for one year, one-third for two years, and one-third for three years. Membership on the commission shall, as nearly as possible, equally represent each county with appointing authorities appointed in each of the years of the staggered terms.

(f) The commission shall have the power to establish an executive committee of seven persons and establish its duties, responsibilities, and authorities consistent with the provisions of this article.
Ala. Code § 41-10-502 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-502
Section 41-10-502 Specifications and Priority of Bonds
Status: in_force

Any bonds of the authority may be executed and delivered by it at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest, fixed or floating, payable and evidenced in such manner, may contain provisions for redemption prior to maturity and may contain other provisions not inconsistent with this section, all as may be provided by the resolution of the board of directors whereunder such bonds are authorized to be issued; provided that no bond of the authority shall have a specified maturity date later than 20 years after its date. At its election, the authority may retain in the resolution(s) under which any of the bonds are issued an option to redeem all or any thereof and at such redemption price(s) and after such notice(s) and on such dates and on such terms and conditions as may be set forth in said resolution(s) and as may be briefly recited in the bonds with respect to which such option of redemption is retained. In the event that the authority shall make more than one pledge of the same revenues, such pledges shall, unless otherwise provided in the resolution or resolutions authorizing the earlier issued bonds, take precedence in the order of the adoption of the resolutions in which the pledges are made; provided, that each pledge for the benefit of refunding bonds shall have the same priority as the pledge for the benefit of the bonds refunded thereby.
Ala. Code § 41-9-1022 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1022
Section 41-9-1022 Application
Status: in_force

This article shall not be construed to apply to any match, contest, or exhibition of boxing or wrestling in which the contestants are all amateurs and which is governed or authorized by any of the following:

(1) U.S.A. Boxing.

(2) The Alabama High School Athletic Association.

(3) The National Collegiate Athletic Association.

(4) Amateur Athletic Union.

(5) Golden Gloves.

(6) USA Wrestling.

(7) The National Junior College Athletic Association.

(8) The National Association of Intercollegiate Athletics.

(9) The National Collegiate Wrestling Association.

(10) The local affiliate of any organization listed in this section.
Ala. Code § 41-16-87 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-87
Section 41-16-87 Applicability
Status: in_force

This article shall not apply to either of the following:

(1) Any person that does not receive state funds under a grant or a contract.

(2) Any grants or contracts between public procurement units.
Ala. Code § 41-10-639 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-639
Section 41-10-639 Liberal Construction
Status: in_force

This division being remedial in nature, it shall be liberally construed to effect its purpose.
Ala. Code § 41-10-280 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-280
Section 41-10-280 Bonds Constitute Negotiable Instruments; Registration of Transfers
Status: in_force

All bonds (and income therefrom) issued by the authority shall be construed to be negotiable instruments subject to the registration provisions pertaining to transfers, even though they are payable from a limited source.
Ala. Code § 41-4-171 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-171
Section 41-4-171 Cooperative Purchasing Agreement for Certain Supplies or Services
Status: in_force

(a) A public procurement unit that is governed by this article may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units in accordance with an agreement entered into between the participants. The cooperative purchasing agreement may include joint or multi-party contracts between public procurement units and open-ended public procurement unit contracts that are made available to other public procurement units.

(b) All cooperative purchasing conducted under this division shall be through contracts awarded using source selection methods substantially equivalent to those specified in Division 3.
Ala. Code § 41-4-161 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-161
Section 41-4-161 Notice of Intent to Protest; Resolution; Appeal and Review
Status: in_force

(a)(1) A bona fide prospective bidder or offeror who is aggrieved in connection with the solicitation of a contract may file a notice of intent to protest with the Chief Procurement Officer within five calendar days after the date the solicitation is issued, or after the date any amendment to the solicitation is issued if the amendment is at issue. After filing a notice of intent to protest, the bona fide prospective bidder or offeror shall have seven calendar days to submit a formal written protest.

(2)a. Except as provided in paragraph b., a bona fide actual bidder or offeror who is aggrieved in connection with the intended award or the award of a contract may file a notice of intent to protest with the Chief Procurement Officer within five calendar days after the date of the award or the date of the notice of intent to award, whichever is earlier, is posted in accordance with this article. After filing a notice of intent to protest, the bona fide actual bidder or offeror shall have seven calendar days to submit a formal written protest. The Chief Procurement Officer may award the contract at issue if he or she does not receive the notice of intent to protest within the five-day period.

b. A matter that could have been raised under subdivision (1) as a protest of the solicitation may not be raised as a protest of the award or intended award of a contract.

(3) A notice of intent to protest filed under subdivision (1) or (2) shall be in writing, filed with the Chief Procurement Officer, state the intent to protest, and state the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided.

(b) The Chief Procurement Officer or his or her designee may settle and resolve the protest of a bona fide actual or prospective bidder or offeror concerning the solicitation or award of a contract in accordance with rules adopted under this article.

(c) If the protest is not resolved by mutual agreement within 10 days after the protest is filed, the Chief Procurement Officer shall commence an administrative review of the protest and issue a decision in writing within 14 days after the review.

(d) A copy of the decision under subsection (c) shall be mailed or otherwise furnished immediately to the protester and any other party intervening.

(e) A decision under subsection (c) shall be final and conclusive, unless fraudulent or unless a party adversely affected by the decision appeals administratively to the Director of Finance in accordance with Section 41-4-164.

(f)(1) Except as provided in subdivision (2), in the event of a timely protest under subsection (a) or an appeal under Section 41-4-164, the state may not proceed further with the solicitation or with the award of the contract until five days after notice of the final decision is provided to the protester.

(2) Notwithstanding subdivision (1), a solicitation or award of a protested contract may proceed without delay if the Chief Procurement Officer, after consultation with the head of the using agency or the head of a purchasing agency, makes a written determination that the solicitation or award of the contract without further delay is necessary to protect the best interests of the state.
Ala. Code § 41-9-271 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-271
Section 41-9-271 Lagrange Historical Site Transferred to State Commission
Status: in_force

The LaGrange Historical Site, Colbert County, Alabama, owned by the LaGrange Historical Commission is hereby transferred to the Alabama Historical Commission which shall have full authority to develop, renovate, preserve, maintain, operate, exhibit, and publicize the LaGrange Historical Site in accordance with the powers and responsibilities of said commission. The LaGrange Historical Commission board of trustees shall cause an appropriate deed or conveyance to be executed in accordance with the provisions of this section.
Ala. Code § 41-22-25 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-25
Section 41-22-25 Construction and Applicability of Chapter
Status: in_force

(a) This chapter shall be construed broadly to effectuate its purposes. Except as expressly provided otherwise by this chapter or by another statute referring to this chapter by name, the rights created and the requirements imposed by this chapter shall be in addition to those created or imposed by every other statute in existence on the date of the passage of this chapter or thereafter enacted. If any other statute in existence on the date of the passage of this chapter or thereafter enacted diminishes any right conferred upon a person by this chapter or diminishes any requirement imposed upon an agency by this chapter, this chapter shall take precedence unless the other statute expressly provides that it shall take precedence over all or some specified portion of this named chapter.

(b) Except as to proceedings in process on October 1, 1982, this chapter shall be construed to apply to all covered agency proceedings and all agency action not expressly exempted by this chapter or by another statute specifically referring to this chapter by name.
Ala. Code § 41-22-20 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-20
Section 41-22-20 Judicial Review of Preliminary, Procedural, Etc., Actions or Rulings and Final Decisions in Contested Cases. (Amended by Act 2026-319)
Status: in_force

THIS SECTION WAS AMENDED BY ACT 2026-319, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.

(a) A person who has exhausted all administrative remedies available within the agency, other than rehearing, and who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy.

(b) All proceedings for review may be instituted by filing of notice of appeal or review and a cost bond with the agency to cover the reasonable costs of preparing the transcript of the proceeding under review, unless waived by the agency or the court on a showing of substantial hardship. A petition shall be filed either in the Circuit Court of Montgomery County or in the circuit court of the county in which the agency maintains its headquarters, or unless otherwise specifically provided by statute, in the circuit court of the county where a party other than an intervenor, resides or if a party, other than an intervenor, is a corporation, domestic or foreign, having a registered office or business office in this state, then in the county of the registered office or principal place of business within this state.

(c) The filing of the notice of appeal or the petition does not itself stay enforcement of the agency decision. If the agency decision has the effect of suspending or revoking a license, a stay or supersedeas shall be granted as a matter of right upon such conditions as are reasonable, unless the reviewing court, upon petition of the agency, determines that a stay or supersedeas would constitute a probable danger to the public health, safety, or welfare. In all other cases, the agency may grant, or the reviewing court may order, a stay upon appropriate terms, but, in any event, the order shall specify the conditions upon which the stay or supersedeas is granted; provided, however, if the appeal or proceedings for review to any reviewing court is from an order of the agency increasing or reducing or refusing to increase rates, fares, or charges, or any of them, or any schedule or parts of any schedule of rates, fares, or charges, the reviewing court shall not direct or order a supersedeas or stay of the action or order to be reviewed without requiring, as a condition precedent to the granting of such supersedeas, that the party applying for supersedeas or stay shall execute and file with the clerk of the court a bond as provided for and required by statute or law. If the circuit court shall fail or refuse to grant supersedeas or stay, the party seeking such relief may petition the appropriate court to which the appeal or review lies to order a supersedeas or stay of the action or order of the agency from which review is sought. After the required bond shall have been filed and approved by the clerk, such agency order shall be stayed and superseded, and it shall be lawful to charge the rates, fares, or charges which have been reduced, refused, or denied by the agency order, until the final disposition of the cause. The provisions of this subsection shall apply when applicable, anything in Rule 60 of the Alabama Rules of Civil Procedure restricting the provisions of this subsection to the contrary notwithstanding.

(d) The notice of appeal or review shall be filed within 30 days after the receipt of the notice of or other service of the final decision of the agency upon the petitioner or, if a rehearing is requested under Section 41-22-17, within 30 days after the receipt of the notice of or other service of the decision of the agency thereon. The petition for judicial review in the circuit court shall be filed within 30 days after the filing of the notice of appeal or review. Copies of the petition shall be served upon the agency and all parties of record. Any person aggrieved who is not a party may petition to become a party by filing a motion to intervene as provided in Section 41-22-14. Failure to file such petition within the time stated shall operate as a waiver of the right of such person to review under this chapter, except that for good cause shown, the judge of the reviewing court may extend the time for filing, not to exceed an additional 30 days, or, within four months after the issuance of the agency order, issue an order permitting a review of the agency decision under this chapter notwithstanding such waiver. Any notice required herein which is mailed by the petitioner, certified mail return receipt requested, shall be deemed to have been filed as of the date it is postmarked. This section shall apply to judicial review from the final order or action of all agencies, and amends the judicial review statutes relating to all agencies to provide a period of 30 days within which to appeal or to institute judicial review.

(e) If there has been no hearing prior to agency action and the reviewing court finds that the validity of the action depends upon disputed facts, the court shall order the agency to conduct a prompt fact-finding proceeding under this chapter after having a reasonable opportunity to reconsider its determination on the record of the proceedings.

(f) Unreasonable delay on the part of an agency in reaching a final decision shall be justification for any person whose rights, duties, or privileges are adversely affected by such delay to seek a court order compelling action by the agency.

(g) Within 30 days after receipt of the notice of appeal or within such additional time as the court may allow, the agency shall transmit to the reviewing court the original or a certified copy of the entire record and transcript of the proceedings under review. With the permission of the court, the record of the proceedings under review may be shortened by stipulation of all parties to the review proceedings. Any party found by the reviewing court to have unreasonably refused to stipulate to limit the record may be taxed by the court for such additional costs as may be occasioned by the refusal. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

(h) The petition for review shall name the agency as respondent and shall contain a concise statement of:

(1) The nature of the agency action which is the subject of the petition;

(2) The particular agency action appealed from;

(3) The facts and law on which jurisdiction and venue are based;

(4) The grounds on which relief is sought; and

(5) The relief sought.

(i) In proceedings for judicial review of agency action in a contested case, except where appeal or judicial review is by a trial de novo, a reviewing court shall not itself hear or accept any further evidence with respect to those issues of fact whose determination was entrusted by law to the agency in that contested case proceeding; provided, however, that evidence may be introduced in the reviewing court as to fraud or misconduct of some person engaged in the administration of the agency or procedural irregularities before the agency not shown in the record and the affecting order, ruling, or award from which review is sought, and proof thereon may be taken in the reviewing court. If, before the date set for hearing a petition for judicial review of agency action in a contested case, it is shown to the satisfaction of the court that additional evidence is material and that there were good reasons for failure to present it in the contested case proceeding before the agency, the court may remand to the agency and order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision in the case by reason of the additional evidence and shall file that evidence and any modification, new findings, or decision with the reviewing court and mail copies of the new findings, or decision to all parties.

(j) The review shall be conducted by the court without a jury and, except as herein provided, shall in the review of contested cases be confined to the record and the additions thereto as may be made under subsection (i) of this section. Judicial review shall be by trial de novo in the circuit court where review is sought from tax assessments, tax determinations or tax redeterminations, rulings of the Revenue Department granting, denying, or revoking licenses, or rulings on petitions for tax refunds, or, unless a subsequent agency statute provides otherwise, where an agency statute existing on the effective date of Act No. 81-855, 1981 Acts of Alabama, or thereafter enacted provides for a trial de novo on appeal to or review by the courts; provided, however, in the review of tax assessments, tax determinations, or tax redeterminations, rulings of the Revenue Department granting, denying, or revoking licenses, or rulings on petitions for tax refunds, the administrative record and transcript shall be transmitted to the reviewing court as provided in subsection (g) of this section, and, on motion of either party, shall be admitted into evidence in the trial de novo, subject to the rights of either party to assign errors, objections, or motions to exclude calling attention to any testimony or evidence in the administrative record or transcript which is deemed objectionable or inadmissible. Provided further that, with the consent of all parties, judicial review may be on the administrative record and transcript. The court, upon request, shall hear oral argument and receive written briefs.

(k) Except where judicial review is by trial de novo, the agency order shall be taken as prima facie just and reasonable and the court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact, except where otherwise authorized by statute. The court may affirm the agency action or remand the case to the agency for taking additional testimony and evidence or for further proceedings. The court may reverse or modify the decision or grant other appropriate relief from the agency action, equitable or legal, including declaratory relief, if the court finds that the agency action is due to be set aside or modified under standards set forth in appeal or review statutes applicable to that agency or if substantial rights of the petitioner have been prejudiced because the agency action is any one or more of the following:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the agency;

(3) In violation of any pertinent agency rule;

(4) Made upon unlawful procedure;

(5) Affected by other error of law;

(6) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(7) Unreasonable, arbitrary, or capricious, or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

(l) Unless the court affirms the decision of the agency, the court shall set out in writing, which writing shall become a part of the record, the reasons for its decision.
Ala. Code § 41-4-89 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-89
Section 41-4-89 Supplemental Estimates for Additional Appropriations
Status: in_force

The Governor shall transmit to the Legislature supplemental estimates for such appropriations as in his or her judgment may be necessary on account of laws enacted after the transmission of the budget, or as he or she deems otherwise in the public interest. He or she shall accompany such estimates with a statement of the reasons therefor, including the reasons for their omission from the budget. Whenever such supplemental estimates amount to an aggregate which, if they had been contained in the budget would have required the Governor to make a recommendation for the raising of additional revenue, he or she shall make such recommendation.
Ala. Code § 41-20-14 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-14
Section 41-20-14 Effect of Termination of Agency Upon Claims or Rights Against Said Agency; Payment of Unsettled Accounts
Status: in_force

(a) This chapter shall not cause the dismissal of any claim or right of any citizen which is subject to administrative hearing or litigation against any state agency terminated pursuant to the provisions of this chapter.

(b) The state Comptroller is authorized to draw warrants on the State Treasury for any outstanding accounts which are legally owed but unsettled by any agency which has ceased functioning pursuant to this chapter. Such claims must be presented and paid in the same manner as required by law for any claim for the payment of state funds.
Ala. Code § 41-15-2 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-2
Section 41-15-2 Department of Finance to Administer Chapter; Administrator of State Insurance Fund
Status: in_force

The Department of Finance is hereby constituted and designated as the agency through which this chapter shall be administered, and the director of said department is empowered with such authority as may be necessary to carry out its purposes.

The director of said department, with the approval of the Governor, may appoint a risk manager, as administrator of the State Insurance Fund, who is familiar with insurance customs and practices and is otherwise qualified by actual experience in the underwriting of risks and adjustment of losses, to assist the director of said department in carrying out the purpose of this chapter. The said risk manager shall install and keep an accurate system of accounting and statistical records and shall adjust losses, make appraisals of insured properties for insurance purposes, when necessary, and shall handle or supervise the handling of all other details incident to carrying out the provisions of this chapter. The risk manager shall furnish to the Department of Finance each month a statement showing in detail the accumulated income and disbursements during the fiscal year, together with a financial statement showing assets and liabilities of the State Insurance Fund. At the close of each fiscal year the risk manager, shall furnish to the said department an annual statement of the affairs of the State Insurance Fund. The unearned net premium computed on a pro rata basis shall be considered as a liability and carried as a reserve. Said risk manager shall file with the said department a bond in the penal sum of $10,000.00, executed by a surety company authorized to do business in this state, conditioned upon faithful performance of his or her duties, payable to the State of Alabama.
Ala. Code § 41-4-82 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-82
Section 41-4-82 Transmission of Budget to Legislature
Status: in_force

Within five days after the convening of each regular business session of the Legislature, the Governor shall transmit to the Legislature a document to be known as a budget, setting forth his or her financial program for each of the fiscal years which will have begun before the next succeeding regular session of the Legislature (hereinafter referred to as “budget years,” regardless of the number thereof) and having the character and scope hereinafter set forth.
Ala. Code § 41-16-73 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-73
Section 41-16-73 Purchase of Insurance
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-296 EFFECTIVE OCTOBER 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

The purchase of insurance shall be pursuant to a competitive qualification based process developed by the Department of Finance. The Alabama State Port Authority shall be exempt from this section.
Ala. Code § 41-10-424 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-424
Section 41-10-424 Board of Directors
Status: in_force

(a) The authority shall be governed by a board of directors, constituted as provided for in this section. All powers of the authority shall be exercised by said board or pursuant to its authorization. The directors shall elect officers of the board. The presence of a majority of the members of the board of directors, or their designees, shall constitute a quorum for the transaction of business. No vacancy on the board of directors or the voluntary disqualification or abstention of any director thereof shall impair the right of a quorum of the board of directors to act. Any action which may be taken at a meeting of the directors or committee of directors may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all the directors or all the members of the committee of directors, as the case may be. Such consent shall have the same force and effect as a unanimous vote and may be stated as such in any articles or documents filed with either the probate judge or the Secretary of State.

(b) The number of directors of the authority shall be selected as follows: The Director of the Division of Construction Management of the Department of Finance, the Chair of the Real Estate Commission each shall be a director, ex-officio. The Speaker of the House shall appoint a member of the House and the Lieutenant Governor shall appoint a member of the Senate. The Governor shall appoint as director one designee for himself or herself. The members of the Real Estate Commission as constituted by Section 34-27-7, shall also serve ex-officio and all shall be entitled the same privileges.

(c) Directors other than those appointed at the time the authority is initially established, and except for ex-officio directors, shall be selected for four-year terms expiring on August 31 of the respective year. Any vacancy on the board of any director, other than an ex-officio director, shall be filled by appointment by the Governor, Speaker of the House, or Lieutenant Governor, as appropriate, for the remainder of that term. Directors may be reappointed for successive terms. Should any ex-officio director cease to hold such office by reason of death, resignation, expiration of his or her term of office, or for any other reason, then his or her successor in office shall take his or her place as an officer or director of the authority. No officer or director shall draw any salary in addition to that now authorized by law for any service he or she may render or for any duty he or she may perform in connection with the authority.

(d) All resolutions adopted by the board of directors shall constitute actions of the authority, and all proceedings of the board of directors shall be reduced to writing by the secretary and shall be recorded in a substantially bound book and filed in the office of the Real Estate Commission. Copies of such proceedings, when certified by the secretary under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified. The board of directors of the authority shall meet at such times upon such notice as it shall determine or upon call of the chairperson.
Ala. Code § 41-10-138 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-138
Section 41-10-138 Application for Authority to Incorporate; Contents; Review of Application and Issuance of Executive Order by Governor
Status: in_force

(a) In order to form a public corporation under the provisions of this article, any number of natural persons, not less than three, shall first file a written application with the Governor. Such application shall:

(1) Contain a statement that such public corporation proposes to undertake and carry out one or more or all of the purposes defined in Section 41-10-137 with respect to public corporations formed under this article;

(2) Contain a description by county name or otherwise of the area of operation in which the public corporation proposes to carry on its activities;

(3) State that land, buildings, houses, or other structures, facilities, or property located in the area of operation of the public corporation and listed in the National Register of Historic Places are in need of restoration, renovation, preservation, improvement, protection, or maintenance;

(4) State that the proposed activities of the public corporation within the area of operation will promote the preservation of and interest in property listed in the National Register of Historic Places;

(5) State that each of the applicants is a person of good moral character and is a duly qualified elector of the state who resides in the proposed area of operation; and

(6) Request that the Governor issue an executive order declaring that he or she has reviewed the contents of the application and has found the statements of fact contained therein to be true and authorizing the persons filing the application to proceed to form such public corporation. Every such application shall be accompanied by such supporting documents or evidence as the applicants may deem appropriate.

(b) As promptly as is practicable after the application is filed as provided in this section, the Governor shall review the contents of the application and shall find and determine whether the statements of fact contained in the application are true. If the Governor finds and determines that any of the statements of fact contained in the application are not true, the Governor shall forthwith issue an executive order denying the application; but, if the Governor finds and determines that the statements of fact contained in the application are true, the Governor shall forthwith issue an executive order declaring that he or she has reviewed the contents of the application and has found and determined that the statements of fact contained in the application are true, declaring that the proposed activities of such public corporation in the area of operation described will promote the restoration, renovation, preservation, improvement, protection or maintenance of, and public interest in, land, buildings, houses, or other structures, facilities, or property listed in the National Register of Historic Places and that, for such reason, it is wise, expedient and necessary that such public corporation be formed and authorizing the persons filing the application to proceed to form such public corporation.

In finding and determining whether the statements of fact contained in the application are true, the Governor may, without investigation or further consideration, assume that the statements made pursuant to subdivisions (1) and (2) of subsection (a) of this section are true and, upon such assumption, so find and determine. It shall be sufficient to establish the truth of the statement made pursuant to subdivision (3) of subsection (a) of this section if there accompanies the application a resolution by the commission that land, buildings, houses, or other structures, facilities, or property located in the proposed area of operation of the public corporation and listed in the National Register of Historic Places are in need of restoration, renovation, preservation, improvement, protection, or maintenance; provided, however, that such means of establishing the truth of said statements are not to be taken as being exclusive. If the statement of fact made pursuant to subdivision (3) of subsection (a) of this section is found and determined to be true, then the Governor may without investigation or further consideration assume that the statement of fact made pursuant to subdivision (4) of subsection (a) of this section is true and, upon such assumption, so find and determine.

Notwithstanding the preceding provisions of this subsection, the Governor shall notify the respective county governing bodies of any requests to form an authority in an area comprising two or more counties. Such notice must precede any executive order relating to the request by 20 days.
Ala. Code § 41-4-124 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-124
Section 41-4-124 Transfer of Rights, Duties, Etc., to Division of Procurement; Applicability of Article; Procurement of Supplies or Services
Status: in_force

(a) Except as otherwise provided in this article, all rights, powers, duties, and authority relating to the procurement of supplies and services now vested in, or exercised by, any governmental body under existing law are transferred to the Chief Procurement Officer.

(b) The following governmental bodies are subject to this article except as it relates to the purchase of professional services and the oversight and authority of the Chief Procurement Officer, and shall establish and maintain procurement offices and personnel and adopt rules necessary to comply with this article:

(1) All educational and eleemosynary institutions governed by a board of trustees or other similar governing body.

(2) The Retirement Systems of Alabama.

(3) The Department of Mental Health.

(c) The Alabama Department of Transportation is subject to this article except as it relates to the purchase of professional services, and the Department of Transportation shall adopt rules governing the purchase of professional services by the department which are consistent with the principles contained in this article and promote fairness, competition, transparency, integrity, and value in the procurement process.

(d) The procurement of any supplies, services, or professional services by a district attorney, sheriff, volunteer fire department, or rescue squad shall be solely governed by Article 3 of Chapter 16.

(e) The procurement of any supplies or services by a legislative agency or judicial agency shall be solely governed by procedures adopted by the Legislative Council for all legislative agencies and by rules adopted by the Supreme Court of Alabama for all judicial agencies. The procedures adopted shall be consistent with any applicable requirements of the Constitution of Alabama of 2022 and shall be established in accordance with the underlying purposes and policies of promoting responsible and efficient use of public funds dedicated and appropriated to the agencies for their use, providing consistency of application of rules and requirements across all agencies within the applicable branch of state government, and promoting fairness, competition, transparency, integrity, and value in the procurement process. In no case may the legislative and judicial agencies of the state adopt procedures that conflict with the laws of this state regarding the public disclosure of the use of public funds and the transparency of public expenditures, or that otherwise conflict with state law regarding public records and public access to those records. Except for the requirement to act in good faith, no other provision of this article shall apply to legislative or judicial agencies; provided, that the legislative and judicial agencies may adopt all or any part of this article and its accompanying rules.

(f)(1) The procurement of any supplies or services by the Alabama State Port Authority shall be solely governed by procedures adopted by the Board of Directors of the Alabama State Port Authority. The procedures adopted shall be consistent with any applicable requirements of the Constitution of Alabama of 2022 and shall be established in accordance with the underlying purposes and policies of promoting responsible and efficient use of the funds of the Alabama State Port Authority, providing consistency of application of rules and requirements across all agencies within the applicable branch of state government, and promoting fairness, competition, transparency, integrity, and value in the procurement process.

(2) Except for the protection of information otherwise legally considered commercially confidential, sensitive, or of a nature that upon release would harm the competitive advantage of itself or its customers, concessionaires, lessees, or suppliers, the Alabama State Port Authority may not adopt procedures that conflict with the laws of this state regarding the public disclosure of the use of its funds and the transparency of its expenditures, or that otherwise conflict with state law regarding public records and public access to those records.

(3) Except as provided in this subsection and the requirement to act in good faith, no other provision of this article shall apply to the Alabama State Port Authority; provided, however, the Alabama State Port Authority may adopt all or any part of this article and its accompanying rules.
Ala. Code § 41-10-458 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-458
Section 41-10-458 Authorization of Bonds
Status: in_force

The authority is hereby authorized from time to time to sell and issue its bonds, not exceeding $29,500,000.00, exclusive of refunding bonds, in aggregate principal amount, and in such additional aggregate principal amounts as shall be authorized by act of the Legislature, for the purpose of providing funds for the construction, renovation, reconstruction, improvement, addition to, demolition, and alteration of public office building facilities including the State Capitol, for the procurement of equipment therefor, and for payment of obligations incurred for any of said purposes.
Ala. Code § 41-9-921 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-921
Section 41-9-921 Function, Purpose, Etc
Status: in_force

It shall be the function and main purpose of the board to recognize the important contribution of agriculture to the state and to preserve, exhibit, display, and interpret artifacts and other materials associated with it.
Ala. Code § 41-9-664 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-664
Section 41-9-664 Gifts to Commission Deemed Gifts to State; Taxation Thereof
Status: in_force

Every gift to the Foreign Trade and Relations Commission, whether or not the use thereof is prescribed by the donor, shall be deemed a gift to the State of Alabama.

The donor in computing his or her net income for state income tax purposes for the year in which he or she makes his or her gift may deduct the amount of the gift from his or her gross income as authorized in Section 40-18-15.
Ala. Code § 41-23-61 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-61
Section 41-23-61 Definitions
Status: in_force

As used in this article, the following words and phrases shall have the following meanings:

(1) ADVISORY COUNCIL. A subcommittee of the committee.

(2) BASE FUNDS. Any money not appropriated pursuant to this article, that is used to match the state funds. Base funds may be federal, local, private, foundation grants, or money derived from any other source.

(3) COMMITTEE. The Regional Revolving Loan Policy Committee established by Section 41-23-51.

(4) CONTRACTUAL SERVICES. Any services necessary for the implementation of and the administration of this article.

(5) DEPARTMENT. The Alabama Department of Economic and Community Affairs.

(6) INCUBATOR. A multitenanted facility characterized by shared business services, equipment, space, and access to on-premises business consultants.

(7) LEGAL ENTITY. Any authority, agency, regional planning and development commission, city government, county government, or subdivisions thereof to which the state may grant funds.

(8) SPONSOR. Any entity that qualifies to make application for state funds and that enters into a written agreement with the committee to establish, operate, and administer a small business incubator or to provide funding to an organization that operates as a small business incubator.

(9) STATE FUNDS. The allocation of moneys from the State General Fund to the department for the purposes of this article.

(10) TENANT. A sole proprietorship, partnership, or corporation that operates in a small business incubator.
Ala. Code § 41-10-87 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-87
Section 41-10-87 Board of Directors of Corporation - Composition; Qualifications, Reelection, Etc., of Members; Vacancies; Quorum; Compensation and Expenses of Members; Reduction to Writing, Recordation and Admissibility in Evidence of Proceedings of Board
Status: in_force

The corporation shall have a board of directors composed of the number of directors provided for in the certificate of incorporation and as otherwise provided in this article. All powers of the corporation shall be exercised by its board or pursuant to its authorization. All directors shall be residents of the county. No director shall be an officer of the state or of the county. If any director resigns, dies, becomes incapable of acting as director, or ceases to reside in the county, the governing body shall elect a director to serve for the unexpired term of any director elected by it, and the Governor shall appoint a successor to serve the unexpired term of any director appointed by him or her. Directors shall be eligible for reelection or reappointment to succeed themselves in office. A majority of the qualified and voting members of the board shall constitute a quorum for the transaction of business. No vacancy in the membership of the board shall impair the right of a quorum to exercise the powers and duties of the corporation. The members of the board and the officers of the corporation shall serve without compensation, except that they may be reimbursed for actual expenses incurred in and about the performance of their duties. All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the corporation under its seal, shall be received in all courts as evidence of the matters and things therein certified.
Ala. Code § 41-6-1 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-1
Section 41-6-1 Establishment; Location
Status: in_force

There shall be a Department of Archives and History, to be located at Montgomery.
Ala. Code § 41-1-72 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-72
Section 41-1-72 Automatic Increase in Fees
Status: in_force

Notwithstanding any other provision of the law to the contrary, in no instance shall this article induce an automatic increase in any fees to replenish a fund. No such fund requiring such automatic increase shall be depleted under this article.
Ala. Code § 41-29-365 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-365
Section 41-29-365 Rulemaking Authority
Status: in_force

The council shall adopt rules as necessary to implement and administer this division pursuant to the Alabama Administrative Procedure Act, Chapter 22 of this title.
Ala. Code § 41-5A-5.1 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-5.1
Section 41-5A-5.1 Chief Examiner - Review and Report of the Expiration Dates of Terms of Board Members; Audits of Boards and Their Compliance with Section 36-14-17
Status: in_force

(a) For purposes of this section, “board” means a board defined in Section 36-14-17.

(b) The Department of Examiners of Public Accounts shall review the expiration dates of terms of board members for statutory authority and compliance and report discrepancies to the chair of the board or appointing authority of a board member.

(c) The Department of Examiners of Public Accounts, in preparing audits of boards for Sunset reports, or for any other purpose, shall examine and summarize compliance by the board with Section 36-14-17.
Ala. Code § 41-4-131 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-131
Section 41-4-131 Methods for Awarding State Contracts
Status: in_force

(a) Unless otherwise authorized by law, all state contracts shall be awarded by the use of one of the following methods:

(1) Competitive sealed bids, pursuant to Section 41-4-132.

(2) Competitive sealed proposals, pursuant to Section 41-4-133.

(3) Small purchase procedures pursuant to Section 41-4-134.

(4) A sole source procurement pursuant to Section 41-4-135.

(5) An emergency procurement pursuant to Section 41-4-136.

(6) A special procurement pursuant to Section 41-4-137.

(b) In the event a bid or offer is received for the supplies or services from a person deemed to be a responsible bidder or offeror and a preferred vendor and the bid is no more than five percent greater than the bid of the lowest responsible bidder or offeror who is not deemed to be a preferred vendor, the Chief Procurement Officer or purchasing agency may award the contract to the preferred vendor.
Ala. Code § 41-10-330 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-330
Section 41-10-330 Dissolution
Status: in_force

When all bonds and securities issued by the authority and all obligations assumed by it under the provisions of this article shall have been paid in full, the then president of the authority may thereupon execute and deliver in the name of, and in behalf of, the authority an appropriate deed or deeds, to which the seal of the authority shall be affixed and attested by the secretary of the authority, conveying all facilities, properties, and other assets then owned by the authority to the commission, or such agency of the state as shall at the time have succeeded to the rights and duties of the commission. The then directors of the authority may at such time file with the Secretary of State a written statement, subscribed and sworn to by each of them, reciting the payment in full of all bonds theretofore issued by the authority and the execution and delivery of such deed or deeds, which statement shall be filed by the Secretary of State and recorded with the certificate of incorporation of the authority, and thereupon the authority shall stand dissolved.
Ala. Code § 41-4-326 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-326
Section 41-4-326 Ethics Reporting
Status: in_force

Any state or public employee who provides indigent defense services pursuant to this article shall be required to comply with the reporting requirements of the Alabama State Ethics Commission.
Ala. Code § 41-10-47.04 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-47.04
Section 41-10-47.04 Application for Site Assessment Grant -- Additional Findings, Requirements, and Agreements
Status: in_force

(a) Any local economic development organization may apply to the authority for a site development grant.

(b) Before making a site development grant, the authority shall make both of the following findings:

(1) The site is comprised of at least 75 contiguous acres, provided that in addition to the 75 contiguous acres, other proximate but noncontiguous property may be a part of the site.

(2) The application includes proof that the grant funds that are approved by the authority will be matched by funds on hand with, or contingently committed to, the applicant such that one of the following is true:

a. If the site is located in a targeted county with a population of less than 12,000, for every dollar of grant funds, the applicant will contribute twenty-five cents ($0.25) of additional funds.

b. If the site is located in a targeted county with a population of 12,000 or greater but less than 60,000, for every dollar of grant funds, the applicant will contribute fifty cents ($0.50) of additional funds.

c. If the site is located in a county with a population of 60,000 or greater but less than 150,000, for every dollar of grant funds, the applicant will contribute seventy-five cents ($0.75) of additional funds.

d. If the site is located in a county with a population of 150,000 or greater, for every dollar of grant funds, the applicant will contribute one dollar ($1) of additional funds.

(c) The authority may impose additional requirements with regard to the sites, including, but not limited to, environmental and geotechnical matters, as well as utility related and transportation related issues.

(d) Each applicant must enter into a project agreement with the authority to establish the terms and conditions of the site development grant.

(e) A commercial development authority project as defined in Section 11-54-171(16)b.7. shall not be eligible for a site development grant unless the proposed use of the site is to conduct a predominant activity described in Section 40-18-372(1).

(f) The intent of this section is to allow the authority to provide funds for site development consistent with the authority’s existing powers to finance or pay for “project costs” as that term is defined in Section 41-10-44.2, including, without limitation, site acquisition. This subsection is declaratory of the Legislature’s intent in originally enacting this article and applies retroactively to the original effective date of this article.
Ala. Code § 41-5A-12.2 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-12.2
Section 41-5A-12.2 Audits or Examinations of Nonprofit Corporations Providing Water Service to the Public
Status: in_force

(a) After June 14, 2023, beginning after the close of the then current fiscal year, any nonprofit corporation organized under the laws of this state as a nonprofit corporation that is not incorporated pursuant to Title 11, which provides water service to its members or the public, may be audited or examined one time by the Department of Examiners of Public Accounts in the same manner as provided in Chapter 5A of Title 41. The department may charge a reasonable fee for the audits.

(b) After June 14, 2023, beginning after the close of the then current fiscal year, any nonprofit corporation that is not incorporated pursuant to Title 11, which provides water service to its members or the public, may be audited or examined one time in addition to the audit provided in subsection (a) by the Department of Examiners of Public Accounts in the same manner as provided in this chapter, if the department suspects fraud or mismanagement of funds by the nonprofit corporation. The department may charge a reasonable fee for the audits or examinations.

(c) This section does not apply to or affect any public water supply system, waterworks plant, or water distribution system owned or operated by a municipality or county, or by a public corporation, board, or other entity organized, created, or incorporated pursuant to Title 11.
Ala. Code § 41-4-145 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-145
Section 41-4-145 Inspection of Sites and Systems of Contractors or Subcontractors
Status: in_force

The Chief Procurement Officer or his or her designee, at reasonable times, may inspect a part of the plant, the place of business, or the logical and physical electronic systems of a contractor or any subcontractor that is related to the performance of any contract awarded or to be awarded by the state.
Ala. Code § 41-27-11 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-11
Section 41-27-11 Documentation of Deafness Provided Upon Application for or Renewal of Driver’s License, Identification Card, Etc
Status: in_force

(a) January 1, 2018, each person who applies for a new driver’s license, nondriver identification card, or vessel license, or a learner’s license or permit, or the renewal of any of the above licenses, cards, or permits, may provide the Alabama State Law Enforcement Agency with documentation of deafness. The information provided in this section shall be stored in the records of the agency and made available to law enforcement personnel for use in their official duties.

(b) The Alabama State Law Enforcement Agency may adopt rules necessary to carry out this section.
Ala. Code § 41-18-2 — Alabama Code / Title 41 / Chapter 18 / Section 41-18-2
Section 41-18-2 Copies of Bylaws and Amendments
Status: in_force

Copies of bylaws and amendments to be filed pursuant to Article VI (j) of the agreement shall be filed with the Secretary of State.
Ala. Code § 41-10-592 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-592
Section 41-10-592 Authority to Issue Bonds to Finance Y2k Expenditures
Status: in_force

(a) The authority shall have, in addition to all other powers granted to it in Section 41-10-546, the power to issue bonds for the purpose of financing Y2K expenditures and, as security for the payment thereof, to pledge appropriated funds on a parity with the pledge thereof for the benefit of any or all other bonds of the authority secured or to be secured thereby; provided, however, that the principal amount of bonds that may be issued by the authority for such purposes shall not exceed fifty-five million dollars ($55,000,000).

(b) All bonds issued pursuant to this division (i) shall be issued and sold in the manner required by Section 41-10-547, as amended, and (ii) shall not be general obligations of the authority but shall be payable solely from one or more of the sources described in subdivisions (1) and (4) to (7), inclusive, of subsection (d) of Section 41-10-547.
Ala. Code § 41-8-24 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-24
Section 41-8-24 State Aid to Interstate Library Districts Lying Partly Within State; Application for and Receipt of Federal Aid by Such Districts
Status: in_force

(a) An interstate library district lying partly within this state may claim and be entitled to receive state aid in support of any of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this state. For the purposes of computing and apportioning state aid to an interstate library district, this state will consider that portion of the area which lies within this state as an independent entity for the performance of the aided function or functions and compute and apportion the aid accordingly.

(b) Subject to any applicable laws of this state, such a district also may apply for and be entitled to receive any federal aid for which it may be eligible.
Ala. Code § 41-10-312 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-312
Section 41-10-312 Specifications and Priority of Bonds
Status: in_force

Any bonds of the authority may be executed and delivered by it at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest, fixed or floating, payable and evidenced in such manner, may contain provisions for redemption prior to maturity and may contain other provisions not inconsistent with this section, all as may be provided by the resolution of the board of directors whereunder such bonds are authorized to be issued; provided that no bond of the authority shall have a specified maturity date later than 30 years after its date. In the event that the authority shall make more than one pledge of the same revenues, such pledges shall, unless otherwise provided in the resolution or resolutions authorizing the earlier issued bonds, take precedence in the order of the adoption of the resolutions in which the pledges are made; provided, that each pledge for the benefit of refunding bonds shall have the same priority as the pledge for the benefit of the bonds refunded thereby.
Ala. Code § 41-9-20 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-20
Section 41-9-20 Creation
Status: in_force

There shall be a commission to be known as the Art Commission.
Ala. Code § 41-10-546 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-546
Section 41-10-546 Powers of Authority
Status: in_force

The authority shall have, in addition to all other powers granted to it in this division, all of the following powers:

(1) To have succession by its corporate name until dissolved as herein provided.

(2) To institute and defend legal proceedings in any court of competent jurisdiction and proper venue; provided, however, that the authority may not be sued in any nisi prius court other than the courts of the county in which is located the principal office of the authority, and provided further that the officers, directors, agents, and employees of the authority may not be sued for actions in behalf of the authority in any nisi prius court other than the courts of the county in which is located the principal office of the authority.

(3) To have and to use a corporate seal and to alter the seal at pleasure.

(4) To establish a fiscal year.

(5) To acquire, purchase, lease, receive, hold, transmit, and convey the title to real and personal property to or from any person.

(6) To issue and incur authority obligations, whether or not the interest thereon (or, in the case of authority guaranties, on the authority-guaranteed obligations to which such authority guaranties relate) is excluded from gross income for federal income tax purposes, for the purpose of financing project costs and providing for the payment of training facility management fees and to provide for the rights of the purchasers, holders, or owners of authority obligations.

(7) To execute and deliver mortgages, security agreements, and trust indentures, and other forms of agreements for the purpose of securing authority obligations, and in connection therewith, to mortgage, pledge, or assign the revenues, receipts, and other property of the authority received, and the financing agreements entered into by the authority in connection with, the financing of projects under this division.

(8) To anticipate by the incurrence of authority obligations the receipt of the revenues appropriated and pledged to the authority and any other revenues available to the authority.

(9) As security for the payment of authority obligations, to pledge the proceeds of the appropriations and pledges herein provided for and any other funds available to the authority.

(10) To arrange for various forms of security or credit enhancement for authority obligations, including letter of credit, guaranties, policies of insurance, surety bonds, and the like.

(11) To collect such fees and charges in connection with authority obligations and financing agreements, including, but not limited to, reimbursement of costs of financing, as the authority shall determine to be reasonable.

(12) To accept gifts, grants, loans, appropriations, and other forms of aid from the federal government, the state or any state agency, or any political subdivision of the state, or any person or corporation, foundation, or legal entity, and to agree to and comply with any conditions attached to federal and state financial assistance not inconsistent with this division.

(13) To establish accounts in one or more depositories.

(14) To appoint, employ, contract with, and provide for the compensation of such employees and agents, including engineers, attorneys, contractors, consultants, accountants, fiscal advisors, trustees, paying agents, investment bankers, and underwriters as the directors deem necessary or desirable for the conduct of the business of the authority.

(15) To make, enter into, and execute financing agreements and such other contracts, agreements, or other instruments, and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power granted to it.

(16) To exercise any power granted by the laws of the state to public or private corporations which is not in conflict with the public purpose of this division.

(17) To adopt and promulgate administrative regulations necessary or appropriate to effectuate its purposes and to administer the programs authorized herein.
Ala. Code § 41-17A-2 — Alabama Code / Title 41 / Chapter 17A / Section 41-17A-2
Section 41-17A-2 Definitions
Status: in_force

As used in this chapter the following terms shall have the following meanings:

(1) FUEL ECONOMY. The applicable model year combined highway/city fuel economy with respect to a vehicle as determined on a gasoline gallon equivalent basis as determined by the Administrator of the U.S. Environmental Protection Agency with respect to the vehicle. If such data is not available from the administrator, the fuel economy shall be the total in-use fuel consumed divided by the total miles driven for the most recent fiscal year.

(2) HEAVY DUTY VEHICLE. Any motor vehicle, licensed for use on roadways, having a manufacturer’s gross vehicle weight rating greater than 14,000 pounds.

(3) LIGHT DUTY VEHICLE. Any motor vehicle designed primarily for the transportation of persons and with a manufacturer’s gross vehicle weight rating of 8,500 pounds or less.

(4) MEDIUM DUTY VEHICLE. Any vehicle having a manufacturer’s gross vehicle weight rating of 14,000 pounds or less and which is not a light-duty truck or passenger vehicle.
Ala. Code § 41-27-60 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-60
Section 41-27-60 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the following meanings:

(1) AGENCY. The Alabama State Law Enforcement Agency.

(2) MOTOR VEHICLE. A vehicle intended primarily for use and operation on the public roads and highways which is self-propelled.

(3) NONCONSENSUAL TOWING. The moving, transporting, or recovery of a commercial vehicle by a towing and recovery service without the prior consent or authorization of the owner or operator of the vehicle.

(4) TOWING. The moving, transporting, or recovery from private property or from a storage facility of a person’s commercial motor vehicle, the moving or removing of an unclaimed motor vehicle, as defined in Section 32-8-84, or the immobilization of or preparation for moving or removing of the commercial motor vehicle, for which a fee is charged, either directly or indirectly.

(5) TOWING AND RECOVERY SERVICE. An individual or business entity that provides towing and recovery services at the direction of a law enforcement officer of the agency in exchange for a fee or charge.
Ala. Code § 41-10-760 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-760
Section 41-10-760 Notice - Contested Actions
Status: in_force

(a) Upon the adoption by the directors of any resolution providing for the issuance of bonds, the authority may cause to be published once a week for two consecutive weeks, in newspapers published or having a general circulation in the Cities of Birmingham, Montgomery, Huntsville, and Mobile, a notice in substantially the following form, at the end of which shall be printed the name and title of either the president or the secretary of the authority:

“Alabama Economic Settlement Authority, a public corporation under the laws of the State of Alabama, on the ____ day of ______, authorized the issuance of $_____ principal amount of bonds for purposes authorized in Article 19, Chapter 10 of Title 41 of the Code of Alabama 1975. The proceeds from the sale of the bonds are proposed to be used to __________. Any action or proceeding questioning the validity of the bonds, the security thereof, the use of the proceeds thereof, or the proceedings authorizing the bonds, shall be commenced within 30 days after the first publication of this notice.”

(b) Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in the notice or to contest the validity of any bonds or the validity of security therefor, or the validity of the proposed use of the proceeds thereof must be commenced within 30 days after the first publication of the notice. After the expiration of the period, no right of action or defense questioning or attacking the foregoing shall be asserted, nor shall the validity of the proceeding, bonds, security, or use of proceeds be open to question in any court on any ground whatsoever except in an action commenced within the period.
Ala. Code § 41-9-530 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-530
Section 41-9-530 Creation; Composition; Appointment and Terms of Office of Members; Election of Chairman and Secretary; Members to Serve Without Compensation
Status: reserved

Repealed by Act 2011-568, p. 1146, §12, effective September 1, 2011.
Ala. Code § 41-1-93 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-93
Section 41-1-93 Construction of Article. (Amended by Act 2026-209)
Status: in_force

AMENDED BY ACT 2026-209, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

Nothing in this article:

(1) Prevents student, staff, or faculty organizations or associations from hosting diversity, equity, and inclusion programs or discussions that may involve divisive concepts, provided that no state funds are used to sponsor these programs. If a student, staff, or faculty organization or association hosts an event pursuant to this subdivision, it shall identify the sponsor of the event at the event and in any advertisements relating to the event.

(2) Prevents an employee or a contractor of a state agency, local board of education, or public institution of higher education who provides, as part of his or her job duties, orientation, course work, or training from responding to questions that are raised by participants in the orientation, course work, or training and that pertain to divisive concepts or diversity, equity, and inclusion.

(3)a. Prohibits a public institution of higher education from providing any instruction or taking any action in furtherance of satisfying any accreditation standard or requirement.

b. Prohibits a public institution of higher education from authorizing the teaching or discussion of any divisive concept in an objective manner and without endorsement as part of a larger course of academic instruction, provided the institution and its employees do not compel assent to any divisive concept and otherwise comply with this article.

c. Prohibits the required collection or reporting of demographic data by public institutions of higher education.

(4) Prohibits the teaching of topics or historical events in a historically accurate context.

(5) Prohibits an institution of higher education from performing research, collecting data, engaging in recruiting and outreach programs, offering academic support services, engaging in clinical trials, or providing medical, mental, or any health care or clinical services targeted to support individuals of any specific demographic.

(6) Prevents state agencies from promoting racial, cultural, or ethnic diversity or inclusiveness, provided these efforts are consistent with the requirements of this article.

(7) Prohibits a public institution of higher education from providing space or ancillary services to any student or employee on a non-discriminatory basis, including, but not limited to, support and guidance to ensure compliance with applicable university policies and laws, assistance with security needs, and registration of events.

(8) Prohibits housing, athletic programming, or social organizations that are segregated by sex. Each public institution of higher education shall ensure that every multiple occupancy restroom be designated for use by individuals based on their biological sex, as defined by Section 16-1-54.

(9) May be construed to inhibit or violate the First Amendment rights of any student or employee, or to undermine the duty of a public institution of higher education to protect, to the greatest degree, academic freedom, intellectual diversity, and free expression.

(10) Shall be deemed to affect or revise any provision in state law requiring that membership of a state board, commission, or authority be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state, nor impact any public official appointed to a state board, commission, or authority as of October 1, 2024.

(11) May be construed to affect or limit the activities of the Alabama Office of Minority Affairs.
Ala. Code § 41-24-2 — Alabama Code / Title 41 / Chapter 24 / Section 41-24-2
Section 41-24-2 Purpose
Status: in_force

The purpose of this chapter is to create the Alabama Community Service Grant Program to advance the program objectives of participating state departments and agencies by the awarding of grants to qualified community agencies, institutions, organizations, and projects within the State of Alabama. The Legislature recognizes that the program objectives of the several departments and agencies of the State of Alabama can be advanced and, in some cases, advanced in a more economical manner by awarding grants to qualified grant recipient agencies, when the expenditure of such grant funds are made under the approval, direction, and in coordination with the grant-making agency. The Legislature may from time to time appropriate state funds to grant-making agencies in accordance with the provisions of this chapter under the title, “Alabama Community Service Grant Program”; said funds shall be awarded to grant recipient agencies in denominations approved by and the expenditure of same shall be under the control of the heads of grant-making agencies.
Ala. Code § 41-4-183 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-183
Section 41-4-183 Employment of Landscape Gardener for Capitol Grounds
Status: reserved

Repealed by Act 2015-435 effective October 1, 2015.
Ala. Code § 41-4-7 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-7
Section 41-4-7 Bonds of Comptroller, Purchasing Agent, Chiefs of Divisions of Department, Etc
Status: in_force

Before entering upon the duties of their respective offices, the Comptroller, the Purchasing Agent, the chief of the division of service, the chief of the division of finance, the chief of any other division established by the Director of Finance and such other officers or employees of the Department of Finance as are permitted to handle any money or to draw any warrants shall execute to the State of Alabama a bond, to be approved by the Governor, in amounts to be fixed by the Director of Finance, but, in the case of any officer or employee authorized to draw any warrants upon the Treasurer, not less than $25,000.00, for the faithful performance of their duties.
Ala. Code § 41-10-237 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-237
Section 41-10-237 Functions of Institute of Ethnic Science and Technology as to Black Heritage Resources and Programs
Status: in_force

The Institute of Ethnic Science and Technology shall serve as a state resource for reviews, research and informational update on planning, design, and management of the park as an African-American state heritage resource and for support to the State Department of Tourism in the development of a black heritage program. Such institute shall also work with state universities for teaching, research, and public service programs on Alabama black settlements and heritage resources.
Ala. Code § 41-27-8 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-8
Section 41-27-8 Immunity of Law Enforcement Officers
Status: in_force

Any law enforcement officer employed by the Alabama State Law Enforcement Agency shall be entitled to the immunity set forth in Section 6-5-338.
Ala. Code § 41-23-8 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-8
Section 41-23-8 Traffic Safety Trust Fund Established
Status: in_force

The Traffic Safety Trust Fund is established as a separate fund in the State Treasury. Upon appropriation by the Legislature, the fund shall be used for traffic safety purposes and programmed along with federal funds that are received for the same purposes by the staff of the Traffic Safety Section of the Alabama Department of Economic and Community Affairs. Unexpended or unencumbered sums remaining in the fund at the end of the fiscal year shall remain in the fund and be brought forward to the next fiscal year.
Ala. Code § 41-9-338.2 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-338.2
Section 41-9-338.2 Creation; Composition; Meetings; Funding; Termination
Status: in_force

(a)(1) The Women’s Tribute Statue Commission is created to fund, commission, and place statues of Rosa Parks and Helen Keller. The statue of Rosa Parks shall be placed on the West front of the Capitol facing Bainbridge Street. The statue of Helen Keller shall be placed on the grounds of the Capitol in a place where it will be readily accessible to, and touchable by, individuals with disabilities.

(2) The commission may solicit input from public and private organizations and entities regarding the design and proposed plans for the statues.

(b)(1) The commission shall consist of seven members to be appointed as follows:

a. Three members appointed by the Governor.

b. Two members appointed by the President Pro Tempore of the Senate.

c. Two members appointed by the Speaker of the House of Representatives.

(2) Appointed members shall be representative of the areas of the arts, disabilities, and civil rights.

(3) The appointing authorities shall coordinate their appointments so that the diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(4) Members of the commission shall serve without compensation.

(c)(1) The Governor shall select one of his or her three appointees as chair of the commission, and the members may elect a vice-chair from the membership of the commission. The commission shall meet at the call of the chair or half of its members, and four of the members present at a called meeting shall constitute a quorum. The commission may choose to adopt bylaws.

(2) Meetings of the commission shall be subject to the Alabama Open Meetings Act, and its members shall be considered public officials for purposes of Chapter 25 of Title 36. Members of the commission shall serve at the pleasure of the appointing authorities.

(d) Public and private funds, including in-kind services, may be used to commission the monuments for Rosa Parks and Helen Keller.

(e) The commission shall be terminated upon the placement of the statues in accordance with this division.
Ala. Code § 41-9-712 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-712
Section 41-9-712 Time of Meeting; Notice; Quorum; Proxy Vote Prohibited
Status: in_force

(a) The commission shall meet at the call of the chair, or by a petition signed by a majority of the members of the commission. Ten days’ notice shall be given in writing prior to the meeting date. Such notice shall describe the matters to be discussed at the meeting.

(b) A simple majority of the members of the commission shall constitute a quorum for the transaction of business at every meeting of the commission.

(c) Proxy vote shall not be permitted.
Ala. Code § 41-10-284 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-284
Section 41-10-284 Dissolution of Authority
Status: in_force

At any time when the bonds and other obligations of the authority have been paid in full, the authority may be dissolved upon the filing with the Secretary of State of a written statement for dissolution, reciting payment in full of all bonds and other obligations of the authority, which statement shall be subscribed by each of the members of the authority and which shall be sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of said written statement for dissolution, the authority shall cease and any property owned by it at the time of its dissolution shall pass to the state. The Secretary of State shall file and record the written statement for dissolution in an appropriate book of record in his or her office, and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved, and shall record the said certificate with the written statement for dissolution.
Ala. Code § 41-10-66 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-66
Section 41-10-66 Annual Audit of Books and Accounts of Authority; Disposition of Reports Thereof
Status: in_force

At least once every 12 months subsequent to the formation of the authority, the authority shall appoint and employ a certified public accountant who shall make an examination in detail of all books and accounts of the authority since the preceding examination and make a full report thereof in writing to be submitted to the authority and spread upon its minute book at the first meeting of the board after the receipt of said report. A copy of each such report shall be retained in the principal office of the authority and made available at reasonable hours to any holder of any bond of the authority upon request. A copy of each such report shall also be delivered by the authority to the State Treasurer within 30 days after its receipt by the authority.
Ala. Code § 41-9-990 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-990
Section 41-9-990 Legislative Findings
Status: in_force

The Legislature of Alabama finds and declares all of the following:

(1) On Sunday, March 7, 1965, citizens participating in a peaceful march while seeking their voting rights were beaten as they attempted to cross the Edmond Pettus Bridge in Selma, Alabama.

(2) The initial impetus for the march on March 7, 1965, derived from the killing of Jimmy Lee Jackson in Marion, Alabama, and the majority of the citizens on the march were citizens of Perry County, Alabama, who had traveled in a processional from Marion via Highway 14 to Selma, Alabama.

(3) On March 21, 1965, the Selma to Montgomery March brought international attention to the State of Alabama.

(4) Over 25,000 people marched together in a fight for the right to vote, free and fair from any discrimination.

(5) Due in part to the effort of the participants in the Selma to Montgomery March, the federal government enacted the Voting Rights Act of 1965, thereby protecting the right of all citizens to vote.

(6) The Selma to Montgomery March inspired people from nations all over the world, including South Africa and Poland, to proclaim and fight for their right to vote and is an international symbol for the right to vote.

(7) On September 19, 1996, the United States Secretary of Transportation designated the Selma to Montgomery Scenic Byway as an All-American Road under the National Scenic Byways Program.

(8) The National Park Omnibus Act of 1996 officially established the Selma to Montgomery National Historic Trail, consisting of 54 miles, of city streets and U.S. Highway 80 from Brown Chapel A.M.E. Church in Selma to the State Capitol Building in Montgomery, Alabama.

(9) The Selma to Montgomery March made America a true democracy by providing the impetus by which all citizens of the United States of America are allowed to exercise their constitutional right to vote.

(10) Although the rich history and notoriety surrounding the Selma to Montgomery March have had a tremendous impact on educating people about voting rights and promoting tourism and economic development in the State of Alabama, the designation of the “International Voting Rights Trail” and creation of the International Voting Rights Trail Commission will enable the people of Alabama to make an even greater impact on future generations.

(11) Sammie Young was murdered in Tuskegee while struggling for voting rights and Gomillion v. Lightfoot, one of the most important landmark cases of our time on voting rights, originated in Tuskegee, Alabama.
Ala. Code § 41-10-302 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-302
Section 41-10-302 Incorporation of Authority
Status: in_force

Any three individual citizens of the state selected for such purpose by the commission and approved by the Governor of the state may become a public corporation with the power and authority provided in this article by proceeding according to the provisions hereof.
Ala. Code § 41-10-494 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-494
Section 41-10-494 Certificate of Incorporation
Status: in_force

When the application has been made, filed, and recorded as provided in Section 41-10-493, the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate with the application, whereupon the applicants shall constitute a public corporation of the state under the name proposed in the application.
Ala. Code § 41-10-765 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-765
Section 41-10-765 Diversity
Status: in_force

In connection with the sale of its bonds, the authority shall, to the extent practical, utilize businesses and companies that reflect the racial and ethnic diversity of the state.
Ala. Code § 41-10-44.9 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.9
Section 41-10-44.9 Establishment of Tax Increment Funds
Status: in_force

In order to provide a method of financing project costs other than by the issuance of project obligations payable from the amounts required to be paid by an approved company under a financing agreement, the authority may establish one or more tax increment funds with respect to a project, into which the authority and an approved company may agree that the approved company will deposit either or both of the following: (i) an annual amount equal to the amount of corporate income tax levied by Section 40-18-31 that otherwise would be owed by the approved company on its income generated by or arising from such project, and (ii) the aggregate job development fees withheld by the approved company as provided in Section 41-10-44.7. The authority may also arrange for any gifts, grants, loans, appropriations, or other forms of aid from the federal or state governments or from any other public or private entity to be paid into a tax increment fund. As provided in Section 41-10-44.5, the authority may issue and sell project obligations payable solely or in part from the monies in any such tax increment fund and may use the proceeds of any such project obligations for the payment of project costs. If determined to be necessary or desirable, the authority and an approved company may specify a minimum annual amount to be paid into a tax increment fund with respect to corporate income taxes and job development fees. Any tax increment fund established pursuant to this section shall be held by the authority or by a trustee designated by the authority as a trust fund for the benefit of the owners of the authority’s project obligations, all upon such terms as the board of directors may establish by resolution.

Any payments into a tax increment fund made by an approved company with respect to corporate income taxes as provided in (i) above, shall be permitted as a credit against the corporate income tax levied by Section 40-18-31 that would otherwise be owed to the state in any year by such approved company on its income generated by or arising from the project, such credit not to exceed the lesser of the amount due in tax, or the amount (exclusive of job development fees) paid into the tax increment fund.
Ala. Code § 41-10-358 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-358
Section 41-10-358 Form, Terms, Denominations, Etc., of Bonds; Limitation on Maturity Date, Redemption
Status: in_force

The bonds, which may be issued in one or more series, shall be in such forms and denominations and of such tenor and maturities, shall, if issued as interest-bearing bonds, bear such rate or rates of interest payable and evidenced in such manner, shall be payable in such installments, at such time or times and at such place or places, and may contain other provisions not inconsistent with this article, all as may be provided in the resolution or resolutions of the directors wherein the bonds are authorized to be issued; provided, that none of the bonds shall have a specified maturity date later than 30 years after its date. The authority may at its election retain in the resolution or resolutions under which any of the bonds are issued an option to redeem all or any thereof and at such redemption price or prices and after such notice or notices and on such dates and on such terms and conditions as may be set forth in said resolution or resolutions and as may be briefly recited in the bonds with respect to which such option of redemption is retained.
Ala. Code § 41-23-27 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-27
Section 41-23-27 Annual Report of Department
Status: reserved

REPEALED BY ACT 2023-546, EFFECTIVE DECEMBER 1, 2028 UNLESS EXTENDED BY AN ACT OF THE LEGISLATURE.

The department shall report annually to the Legislature and the Governor, and provide a thorough evaluation of the implementation of the zone law, including: numbers of business activity; actual new income for the state after taxes and benefits pursuant to this article; number of new employees; cost to state for each new employee; and state and local taxes generated.
Ala. Code § 41-22-2 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-2
Section 41-22-2 Legislative Intent and Purpose; Effect on Substantive Rights; Applicability; Rulemaking Authority
Status: in_force

(a) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures conferring additional rights upon the public; and, save for express provisions of this act to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute prescribing procedural duties for an agency which are in addition to those provided herein.

(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the following:

a. Provide legislative oversight of powers and duties delegated to administrative agencies.

b. Increase public accountability of administrative agencies.

c. Simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions.

d. Increase public access to governmental information.

e. Increase public participation in the formulation of administrative rules.

f. Increase the fairness of agencies in their conduct of contested case proceedings.

g. Simplify the process of judicial review of agency action as well as increase its ease and availability.

(2) In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical, and effective government administration.

(c) This chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained.

(d) Every state agency having express statutory authority to adopt rules shall be governed by this chapter and any additional provisions required by statute, and shall also have the authority to amend or repeal rules, and to prescribe methods and procedures required in connection therewith. Nothing in this chapter shall be construed as granting to any agency the authority to adopt rules.

(e) All agencies whose rules or administrative decisions are subject to approval by the Supreme Court of Alabama and the Department of Insurance of the State of Alabama are exempted from this chapter.
Ala. Code § 41-7A-44 — Alabama Code / Title 41 / Chapter 7A / Section 41-7A-44
Section 41-7A-44 Proprietary and Confidential Information
Status: reserved

REPEALED BY ACT 2023-546, EFFECTIVE DECEMBER 1, 2028 UNLESS EXTENDED BY AN ACT OF THE LEGISLATURE.

Commercial or financial information given in confidence that is not required to be disclosed pursuant to this article or any other state statute, and trade secrets, including, but not limited to, information relating to formulas, patterns, compilations, programs, devices, methods, techniques, processes, drawings, cost data, customer lists, film or television scripts, or detailed production budgets shall be treated by the office and the department as proprietary and confidential.
Ala. Code § 41-23-152 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-152
Section 41-23-152 Healthy Food Financing Fund
Status: in_force

There is established the Healthy Food Financing Fund, which shall be comprised of federal, state, or private grants or loans, federal tax credits, or other type of financial assistance, for the construction or expansion of grocery stores to expand access to fresh produce and other nutritious foods in underserved communities. Monies in the fund shall be used, to the extent practicable, to leverage other forms of financing. No less than 25 percent of the monies in the fund shall be expended in the form of grants or forgivable loans.
Ala. Code § 41-10-393 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-393
Section 41-10-393 Filing of Application for Incorporation with Secretary of State; Contents and Execution Thereof; Filing and Recordation of Application by Secretary of State
Status: in_force

To become a public corporation, the Governor, the Director of Finance, the Secretary of the Alabama Department of Commerce, the Lieutenant Governor, and the Speaker of the House, shall present to the Secretary of State an application signed by each of them which shall set forth (1) the name, official designation, and official residence of each of the applicants together with a certified copy of the document evidencing each applicant’s right to office; (2) the date on which each applicant was inducted into office and the term of office of each of the applicants; (3) the name of the proposed public corporation, which shall be “Alabama Supercomputer Authority”; (4) the location of the principal office of the proposed public corporation, which shall be Montgomery, Alabama; and (5) any other matters relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the state, including any provisions necessary or appropriate to secure qualification as a nonprofit corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. The application shall be sworn and subscribed to by each of the applicants before an officer authorized by the laws of the state to take acknowledgements to deeds. The Secretary of State shall examine the application and, if he or she finds that it substantially complies with the requirements of this section and that the name proposed in the application is not identical with that of a person or other corporation in the state or so nearly similar thereto as to lead to confusion and uncertainty, he or she shall receive and file it and record it in an appropriate book of records in his or her office.
Ala. Code § 41-9-354 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-354
Section 41-9-354 Borrowing of Money from Private Sources, Etc., Authorized Generally; Pledge of Future Revenues from Admissions, Etc., as Security for Repayment of Such Loans
Status: in_force

The commission shall have the authority to borrow money from private sources, the state emergency fund or such other sources as may be acceptable to the commission under such terms and conditions as may be provided by law. In order to provide security for the repayment of any such private or public loans, the commission shall have the authority to pledge such future revenues from admissions and any other sources as may, from time to time, be necessary or desirable.
Ala. Code § 41-14-51 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-51
Section 41-14-51 Definitions
Status: in_force

When used in this article, the following words and phrases have the following meanings:

(1) AGRICULTURE and AGRICULTURAL. Those activities, land, buildings, and machinery relating to any of the following:

a. The raising, harvesting, rotation, selling, or marketing of crops or products of the soil planted, served, or saved including cereals, vegetables, fruits, fibers, sugars, resins and pitches, grasses, grains, seeds, nuts, bulbs, feed, forage, wood and wood by-products, nursery stock, including trees and shrubs or other plants grown or kept for propagation, distribution, or sale, vegetable oils, flowers, silage, pasturage, and other products and produce thereof.

b. The feeding, breeding, management, raising, marketing, sale, or production of livestock of all types, poultry, insects, fish, and other aquatic animals for meat, leather, eggs, fur, milk, bone, liquids, and other products and produce thereof.

c. Recreational or educational activities directly involving or relating to the production of farm products of the types described in paragraphs a. and b., fishing or the taking, capture, or capture and release of wildlife, including wildlife animal feeding, husbandry, and conservation activities, as well as fish and game management, culling, hunting, and related wildlife environmental preservation activities.

(2) AGRICULTURAL BORROWER. Any individual, partnership, cooperative, corporation, or other entity engaged in agriculture or agricultural activities, or both, and which meets all of the following criteria:

a. Derives at least 60 percent of gross income from agriculture or agricultural activities.

b. Is an Alabama resident.

c. Is headquartered and operating in Alabama.

d. Does not currently owe any defaulted taxes to the State of Alabama or any political subdivision.

(3) CONSTANT MATURITY TREASURY RATE (CMT). Yields interpolated by the United States Treasury from the daily yield curve. This curve, which relates the yield on a security to its time to maturity is based on the closing market bid yields on actively traded U.S. Treasury securities in the over-the-counter market. These market yields are calculated from composites of quotations obtained by the Federal Reserve Bank of New York.

(4) ELIGIBLE BORROWER. An agricultural, emergency, or small business borrower that meets the definition and criteria to participate in the program.

(5) ELIGIBLE LENDING INSTITUTION. Any bank or financial institution designated as a state depositary, as provided under Section 41-14-3, and amendments thereto, that agrees to participate in the program and completes a linked deposit participation agreement.

(6) EMERGENCY BORROWER. Any individual, business, organization, or local government which has suffered loss, and which is located in areas in which property loss has occurred due to fire, flood, tornado, hurricane, or other act of God, or other natural or man-made disaster.

(7) LINKED DEPOSIT. Deposit of state funds made by the Treasurer in support of loans made by eligible lending institutions to eligible borrowers.

(8) LINKED DEPOSIT LOAN. Reduced rate loan made to an eligible borrower by an eligible lending institution that received a below market rate linked deposit for the same term.

(9) LINKED DEPOSIT PARTICIPATION AGREEMENT. The written agreement between the Treasurer and the eligible lending institution that specifies duties and responsibilities of each party consistent with this article and the program.

(10) PROGRAM. The linked deposit program, created in Section 41-14-52, and administered by the Treasurer whereby an investment of state funds is placed with an eligible lending institution which in turn funds a loan in the full amount of the deposit to an eligible borrower.

(11) SMALL BUSINESS BORROWER. Any individual, proprietor, corporation, partnership, or other entity which meets all of the following criteria:

a. Is headquartered in Alabama.

b. Maintains operations and transacts business in Alabama.

c. Employs fewer than 150 full-time and part-time employees.

d. Is organized for profit.

e. Does not currently owe any defaulted taxes to the State of Alabama or any political subdivision.

(12) TREASURER. The Treasurer of the State of Alabama, or the designee of the Treasurer.
Ala. Code § 41-10-86 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-86
Section 41-10-86 Amendment of Certificate of Incorporation
Status: in_force

The certificate of incorporation may at any time and from time to time be amended so as to make any change therein and add any provision thereto which might have been included in the certificate of incorporation in the first instance.

Any such amendment shall be effected in the following manner: The members of the board of directors of the corporation shall file with the governing body an application in writing seeking permission to amend the certificate of incorporation, specifying in such application the amendment proposed to be made. Such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is wise, expedient, necessary, or advisable that the proposed amendment be made and shall authorize the same to be made and shall approve the form of the proposed amendment, then the persons making such application shall execute an instrument embodying the amendment specified in such application and shall file the same with the judge of probate of the county in which the certificate of incorporation was originally filed. The proposed amendment shall be subscribed and acknowledged by each member of the board before an officer authorized by the laws of Alabama to take acknowledgments to deeds. Such judge of probate shall thereupon examine the proposed amendment and, if he or she finds that the requirements of this section have been complied with and that the proposed amendment is within the scope of what might properly be included in an original certificate of incorporation, he or she shall approve the amendment and record it in an appropriate book in his or her office. When such amendment has been so made, filed, and approved, it shall thereupon become effective, and the certificate of incorporation shall thereupon be amended as provided in the amendment.

No certificate of incorporation shall be amended except in the manner provided in this section.
Ala. Code § 41-14-15 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-15
Section 41-14-15 Governor, Treasurer, Etc., to Establish Regulations and Collection Methods for Transaction of Business with State Depositaries
Status: in_force

The Governor, the Department of Finance and the Treasurer are authorized to establish such regulations and collection methods not inconsistent with the provisions of this article as they may deem necessary for the convenient transaction of business with state depositaries.
Ala. Code § 41-10-399 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-399
Section 41-10-399 Confidentiality of Data; Inapplicability of Public Record Laws; Use of Data by Authority; Requirements for Contractual Agreements for Supercomputer Services
Status: in_force

(a) The privacy, security, and confidentiality of data collected, stored, processed, or disseminated by the supercomputer system under the provisions of this article are the responsibility of the person, organization, or entity collecting, storing, processing, or disseminating such data.

(b) Data collected, stored, processed, or disseminated through utilization of the supercomputer system under the provisions of this article are not subject to the requirements of the public record laws of the State of Alabama, and are therefore not subject to public disclosure by the authority.

(c) The authority shall not access, use, or disseminate any data collected, stored, processed, or disseminated by the supercomputer system under the provisions of this article without the prior written approval of the owner of such data. For the purposes of this article, the person, governmental entity, educational institution, business, or industry contracting for supercomputer services with the authority shall be the owner of all data collected, stored, processed, or disseminated under the terms of said contract.

(d) The authority shall require that each person, governmental entity, educational institution, business, or industry receiving supercomputer services from the authority enter into a contractual agreement setting forth the following:

(1) All fees and charges for use of the supercomputer system;

(2) Each party’s responsibility for the privacy, security, and confidentiality of data, as well as any privacy, security, and confidentiality requirements the user shall require in its use of the supercomputer system;

(3) That the authority, its directors, officers, employees, and agents shall not be liable for damages caused by system malfunctions, hardware or software malfunctions, or other errors or omissions associated with the development, maintenance, use, and operations of the supercomputer system, or the collection, storage, processing, or dissemination of data through the supercomputer system;

(4) That the user will remove any program or data which the authority determines, in its sole discretion, may cause harm or damage to the authority’s equipment, or to the data or programs of other users of the supercomputer;

(5) That the supercomputer system user shall comply in all respects with rules and regulations promulgated by the authority under the provisions of this article;

(6) That all statutory and/or governmental regulatory restrictions for the maintenance, storage, use, or dissemination of data entered into the supercomputer system by the user shall be brought to the attention of the authority;

(7) Any other requirements or procedures deemed necessary by the authority for the administration and operation of the supercomputer system.
Ala. Code § 41-10-48.07 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.07
Section 41-10-48.07 Applications
Status: in_force

(a)(1) An electric provider (or more than one electric providers in a joint application) may apply to the authority for the purposes of obtaining financial assistance to support an eligible project. An application under this subsection shall include:

a. A detailed summary of the proposed energy infrastructure project, including location, scope, timeline, and total estimated cost;

b. Identification of the energy infrastructure project to be funded;

c. Anticipated job creation, business attraction, or commercial or industrial expansion to be facilitated by the energy infrastructure project as applicable; and

d. Projected load demand and anticipated capacity increases.

(2) An application under this subsection for more than one electric provider shall also include:

a. Identification of all participating electric providers and designation of a lead applicant responsible for administration of funds; and

b. Explanation of how participating electric providers will collaborate on energy infrastructure project implementation.

(3) During the term that the financial assistance is being provided under this subsection, the electric provider shall submit an annual report to the authority detailing the progress of the approved eligible project and the use of the financial assistance provided to the electric provider.

(b)(1) An electric provider (or jointly with one or more other electric providers) and an economic development prospect may submit a joint application for a long-lead item or energy infrastructure project if the provision of financial assistance from the energy bank will facilitate an eligible project for a new or expanding industrial or commercial facility within the state.

(2) A joint application under this subsection shall include:

a. A statement from the electric provider (or joint electric providers in the case of a joint application) detailing the infrastructure improvements necessary to meet the eligible prospect’s energy requirements; and

b. An assessment of economic impact, including projected job creation, capital investment, and state and local sales and property tax revenues generated from the eligible project determined after taking into account any abatements granted.

(3) During the term that the financial assistance is being provided under this subsection, the economic development prospect and the electric provider shall submit an annual report to the authority detailing the progress of the approved eligible project and the use of the financial assistance provided.

(4) The authority may condition the granting of the application upon the provision of performance assurance or security by the economic development prospect.

(5) If the economic development prospect withdraws, fails to commence operations, or materially alters its energy needs, the authority may enforce a contractual obligation against the economic development prospect for the authority’s provision of financial assistance, including draws on any performance assurance or security provided.
Ala. Code § 41-10-471 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-471
Section 41-10-471 Creation of Fund for Benefit of Bonds
Status: in_force

For the purpose of providing funds for the payment of the principal of and interest on the bonds issued by the authority under the provisions of this article, there is hereby created and irrevocably pledged to the payment of such obligations a special and continuing trust fund which shall consist of all receipts and income from rents contracted for and received by the authority under leases of the building or buildings constructed or renovated with the proceeds from sale of the bonds and any other income of the authority.
Ala. Code § 41-23-230 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-230
Section 41-23-230 Definitions
Status: in_force

For the purposes of this article, the following words shall have the following meanings:

(1) CALL CENTER. A physical location within the State of Alabama at which the predominant activity conducted at the location is described by NAICS Code 561422 and at which 50 or more individuals are employed to conduct that activity. The term does not include data centers.

(2) CONTRACT. An economic development agreement between an employer and the state or a political subdivision of the state that directly provides the employer with a grant, loan, or tax credit as an incentive to locate a call center in Alabama.

(3) EMPLOYER. A call center that has received a grant, loan, or tax credit from the state or any political subdivision of the state and employs either of the following:

a. Fifty or more individuals, excluding part-time employees.

b. Fifty or more individuals who, in the aggregate, work at least 1,500 hours each week for the employer, not including overtime hours.

This term does not apply to the State of Alabama or its agencies or departments.

(4) GRANT, LOAN, OR TAX CREDIT. An economic development incentive included in a contract that is directly related to an employer’s call center. The term does not include any grant, loan, or tax credit that is not directly related to an employer’s call center.

(5) PART-TIME EMPLOYEE. An individual employed for an average of fewer than 20 hours each week or for fewer than six of the 12 months before the date on which a determination to relocate is made.

(6) RELOCATE or RELOCATION. The act of moving a call center physically located within this state to a location physically located outside this state. The term does not apply to the closure of, or a reduction in force at, a call center, or one or more facilities or operating units within a call center, due to reasons other than relocation.

(7) SECRETARY. The Secretary of the Department of Commerce.
Ala. Code § 41-10-465 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-465
Section 41-10-465 Bonds Constitute Negotiable Instruments
Status: in_force

All bonds issued by the authority shall be construed to have all the qualities and incidents of negotiable instruments subject to the registration provisions pertaining to transfers.
Ala. Code § 41-10-652 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-652
Section 41-10-652 Definitions
Status: in_force

When used in this division, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) ANCILLARY COSTS shall mean the costs incurred in acquiring and constructing public improvements that benefit all or any part of the project including, without limitation, (i) improvements to streets, roads and bridges, (ii) improvements to water and sewer systems, gas and electric systems, and other utilities providing services to any part of the project, (iii) improvements to the police, fire, and emergency rescue services provided to the company by local governmental entities, and (iv) improvements to transportation systems benefiting the company, such as railroad spur and switching facilities.

(2) AUTHORITY shall mean the Alabama 21st Century Authority, which is provided for pursuant to Division 1.

(3) BONDS shall mean the bonds that are authorized herein to be issued by the authority.

(4) COMPANY shall mean an internationally renowned company that commits to locate a state-of-the-art manufacturing facility in Alabama during calendar year 1999.

(5) LOCAL GOVERNMENTAL ENTITY means any county or municipality or any public corporation or instrumentality thereof that provides incentives to the company to locate the project in the State of Alabama.

(6) MANUFACTURING FACILITY shall mean the manufacturing plant that will be constructed for use by the company in the State of Alabama.

(7) PERSON, unless limited to a natural person by the context in which it is used, shall mean a private firm, a private association, a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality.

(8) PLEDGED REVENUES shall mean all revenues received by the state pursuant to any federal tobacco-related settlement, any tobacco-related appropriations made by the United States Congress to the State of Alabama, and any revenues received by the state as a result of litigation against any tobacco-related industry, which revenues will be deposited in the special fund pursuant to Division 1.

(9) PROJECT shall mean all land, buildings, equipment, and other improvements constituting the manufacturing facility and the training facility, and all real and personal properties being necessary or useful in connection therewith.

(10) PROJECT COSTS shall mean all costs and expenses incurred by the authority or any person in connection with the acquisition, construction, installation and equipping of any part of the project, including without limitation, any of the following:

a. The direct costs of acquiring, constructing, installing, and equipping any part of the project, including building materials, equipment, labor costs, and payments to contractors, subcontractors, builders, and materialmen;

b. The costs of acquiring land or rights in land for use in the project, and any costs incidental thereto, including recording fees;

c. The costs of site preparation for any part of the project;

d. The costs of contract bonds and of insurance of all kinds that may be required or necessary during the acquisition, construction, or installation of any part of the project;

e. The costs of architectural and engineering services, including without limitation, test borings, surveys, estimates, plans and specifications, preliminary investigations, environmental mitigation, and supervision of construction, as well as for the performance of all the duties acquired by or consequent upon the acquisition, construction, and installation of any part of the project;

f. The costs incurred in connection with installation of fixtures and equipment, surveys, including archeological and environmental surveys, site tests and inspections, subsurface site work, excavation, removal of structures, roadways, cemeteries, and other surface obstructions, filling, grading and provisions for drainage, storm water retention, installation of utilities, including water, sewer, sewage treatment, gas, electricity, communications, and other similar facilities, off-site construction of utility extensions to the boundaries of the project, and paving;

g. Interest accruing with respect to the bonds for a period of up to two years after the issuance of the bonds;

h. All costs, expenses, and fees incurred in connection with actions taken to induce the company to locate the manufacturing facility in the state and with the issuance of the bonds, including without limitation, all legal, accounting, financial, printing, recording, filing, and other fees and expenses;

i. The costs of obtaining bond insurance, letters of credit, or other forms of credit enhancement for liquidity facilities;

j. Amounts to be deposited in any reserve fund established with respect to the bonds;

k. All other costs of a nature comparable to or required in connection with those described;

l. Reimbursement to any person of any of the foregoing costs incurred by the person either for its own account or for the account of the authority and without regard to when incurred.

(11) SPECIAL FUND shall mean the Alabama 21st Century Fund established pursuant to Division 1.

(12) TRAINING COSTS shall mean all reasonable and necessary expenses of (i) performing pre-employment screening and training of employees and prospective employees of the company, regardless of whether or not such prospective employees are ultimately hired by the company, (ii) operating and maintaining any training facility, and (iii) performing basic training as well as actual on-line training in operation, production control, trouble-shooting, and management.

(13) TRAINING FACILITY shall mean any facility to be used for the purpose of providing vocational, technical, or other training for employees or prospective employees of the company, regardless of whether or not such training facility is owned or operated by the company or is within close proximity of the manufacturing facility.
Ala. Code § 41-16-60 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-60
Section 41-16-60 Conflicts of Interest of Members or Officers of Certain Public Offices or Positions
Status: in_force

Members and officers of the city and county boards of education and the district boards of education of independent school districts may be financially interested in or have any personal beneficial interest, either directly or indirectly, in the purchase of or contract for any personal property or contractual service under either of the following conditions:

(1) The contract or agreement under which the financial interest arises was created prior to the election or appointment of the individual to the position he or she holds.

(2) The individual holding the position does not participate in, by discussion or by vote, the decision-making process which creates the financial or personal beneficial interest.
Ala. Code § 41-10-703 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-703
Section 41-10-703 Failure to Pay Fee
Status: in_force

Transferred to §41-10-730 by Act 2010-220, p. 365, §4, effective March 22, 2010.
Ala. Code § 41-9-1025 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1025
Section 41-9-1025 Alabama Athletic Commission - Executive Director
Status: in_force

The commission shall designate a person to serve as executive director and the executive director shall issue licenses and identification cards and perform other duties as the commission may direct in the enforcement of this article.
Ala. Code § 41-9-646 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-646
Section 41-9-646 Purging, Modification, or Supplementation of Criminal Records - Court Order; Notification
Status: in_force

Should the record in question be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately purged, modified, or supplemented by an explanatory notation. Each agency or individual in the state with custody, possession, or control of any record shall promptly alter every copy in its custody, possession, or control in accordance with a court order. Notification of each deletion, amendment, and supplementary notation shall be promptly disseminated to any individuals or agencies to which the records in question have been communicated, including ALEA, and to the individual whose records have been ordered to be altered.
Ala. Code § 41-10-507 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-507
Section 41-10-507 Investment of Proceeds
Status: in_force

Any portion of the principal proceeds derived from the sale of the bonds which the board of directors of the authority may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall, on order of the authority, be invested by the State Treasurer in permitted investments which mature at such time or times as the authority shall direct. Any such investments may, at any time and from time to time on order of the authority, be sold or otherwise converted by the State Treasurer into cash. The income derived from any such investments shall be disbursed on order of the authority for any purpose for which it may lawfully expend funds.
Ala. Code § 41-23-62 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-62
Section 41-23-62 Responsibilities of Loan Policy Committee
Status: in_force

The committee is responsible for the implementation of this article, including, but not limited to:

(1) Assessing the current status of small business incubators in Alabama.

(2) Establishing criteria for the awarding of any grants.

(3) Reviewing and approving applications for grants.

(4) Creating an advisory council of knowledgeable entrepreneurial developers to assist the committee in establishing any policies and procedures pursuant to this article.
Ala. Code § 41-15-3 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-3
Section 41-15-3 Survey and Appraisal of Property
Status: in_force

The Director of Finance may make or cause to be made a survey and appraisal of all property, to assist in the determination of the amount of insurance to be carried on the several properties and to classify all exposures or property.
Ala. Code § 41-6-9 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-9
Section 41-6-9 Clerical Assistants in Department
Status: in_force

Subject to the provisions of the state Merit System, there may be employed in the Department of Archives and History such number of curators, clerks, librarians, stenographers, statisticians, and other employees as are necessary to carry out the functions and duties of the department.
Ala. Code § 41-9-1021 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1021
Section 41-9-1021 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings:

(1) AMATEUR. An individual who engages in a match, contest, or exhibition of boxing, tough man contests, wrestling, mixed martial arts, or other form of unarmed combat, for no compensation or thing of value for participating, which is governed or authorized by any of the following:

a. U.S.A. Boxing.

b. The Alabama High School Athletic Association.

c. The National Collegiate Athletic Association.

d. Amateur Athletic Union.

e. Golden Gloves.

f. The local affiliate of any organization listed in this subdivision.

g. USA Wrestling.

h. The National Junior College Athletic Association.

i. The National Association of Intercollegiate Athletics.

j. The National Collegiate Wrestling Association.

k. Any organization licensed by the commission.

(2) BARE KNUCKLE BOXING. The original form of boxing, involving two individuals fighting without boxing gloves or other padding on their hands.

(3) BOXING MATCH. A contest between two individuals in which contestants score points in rounds of two or three minutes by striking with gloved fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by the blows, which contest is held in a square ring supervised by a referee and scored by three judges.

(4) BOXING REGISTRY. A registry created or designated pursuant to subsection (k) of Section 41-9-1024.

(5) CHARITABLE ORGANIZATION. An entity described by either of the following:

a. Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)).

b. Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. § 170(c)).

(6) COMMISSION. The Alabama Athletic Commission.

(7) EXHIBITION. A contest where the participants engage in the use of boxing skills and techniques, bare knuckle skills and techniques, tough man skills and techniques, wrestling skills and techniques, or mixed martial arts skills and techniques, or any or all of these, and where the objective is to display the skills and techniques without striving to win.

(8) FACE VALUE. The dollar value of a ticket or order shall reflect the dollar amount that the customer shall pay in order to view the match, contest, exhibition, or entertainment event. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes.

(9) GROSS RECEIPTS. Any of the following:

a. The gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges.

b. The face value of all tickets sold.

(10) MANAGER. An individual who, under contract, agreement, or other arrangement with a boxer, bare knuckle boxer, or a mixed martial arts competitor, undertakes to control or administer, directly or indirectly, a matter on behalf of a boxer or a mixed martial arts competitor. The term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant.

(11) MATCHMAKER. A person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing, bare knuckle boxing, or mixed martial arts between opponents or who proposes professional matches, contests, or exhibitions of boxing, bare knuckle boxing, or mixed martial arts and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible.

(12) MIXED MARTIAL ARTS. Unarmed combat involving the use of any combination of techniques from different disciplines of the martial arts, including, without limitation, grappling, submission holds, throws, and striking or kicking with the hands, feet, knees, or elbows. The term mixed martial arts includes kickboxing.

(13) PERSON. An individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.

(14) PHYSICIAN. A doctor of medicine or doctor of osteopathy licensed to practice medicine in the State of Alabama.

(15) PROFESSIONAL. A person who is participating or has participated in a match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts which is not governed or authorized by one or more of the organizations listed in subdivision (1) and any of the following:

a. Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts.

b. Is participating or has participated in any match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry.

c. Is participating or has participated in any match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts which is or was filmed, broadcast, or transmitted for viewing.

d. Is participating or has participated in any match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.

(16) PROFESSIONAL MATCH OF BOXING, BARE KNUCKLE BOXING, WRESTLING, MIXED MARTIAL ARTS, OR UNARMED COMBAT. A boxing match, contest, or exhibition; a bare knuckle boxing match, contest, or exhibition; a wrestling match; a mixed martial arts match, contest, or exhibition; or other unarmed combat match, contest, or exhibition, which is not governed or authorized by one or more of the organizations listed in subdivision (1) and which does any of the following:

a. Rewards a boxer, bare knuckle boxer, wrestler, mixed martial arts competitor, or other unarmed combat competitor participating with cash as a salary, purse, or prize for such participation.

b. Requires for admission payment of a ticket or other evidence of the right of entry.

c. Is filmed, broadcast, or transmitted for viewing.

d. Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise.

(17) PROFESSIONAL WRESTLING. Any organized event between two unarmed contestants in which participants compete primarily for the purpose of providing entertainment to spectators that may or may not comprise a bona fide athletic contest or competition.

(18) PROMOTER. The person primarily responsible for organizing, promoting, and producing a match, contest, or exhibition of professional boxing, bare knuckle boxing, tough man contest, professional wrestling, or mixed martial arts and who is legally responsible for the lawful conduct of the professional match, contest, or exhibition.

(19) PURSE or RING EARNINGS. The financial guarantee or any other remuneration, or part thereof, which a professional boxer, bare knuckle boxer, wrestler, or mixed martial arts competitor participating in a match, contest, or exhibition will receive and includes any share of any payment received for radio broadcasting, television, or motion picture rights.

(20) TOUGH MAN CONTEST. A boxing match and tournament where each contestant wears headgear and oversized gloves. A contestant in a tough man contest is not an amateur or a professional and cash prizes may be awarded.

(21) UNARMED COMBAT. Any form of competition between human beings in which both of the following occurs:

1. One or more blows are struck which may reasonably be expected to inflict injury on a human being.

2. There is some compensation or commercial benefit arising from such competition, whether in the form of cash or non-cash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise.