Ala. Code § 41-10-44.8 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.8
Section 41-10-44.8 Tax Credits, Job Development Fees and Other Incentives
Status: in_force

(a) Upon the issuance by the authority of its project obligations for the purpose of financing a project for an approved company with respect to which the authority adopted a resolution accepting the project prior to January 16, 1995, the approved company:

(1) Shall receive a credit against the corporate income tax levied by Section 40-18-31 that otherwise would be owed to the state in any year by the approved company on its income generated by or arising out of the project, such credit not to exceed the lesser of (i) the amount due in tax, or (ii) the amount paid by the approved company pursuant to a financing agreement in the year for which the tax is due, corresponding to debt service on the project obligations; and

(2) May elect to withhold and retain the aggregate job development fees described in paragraph (b) below, but only to the extent that debt service payments under the financing agreement(s) exceed the income tax credit permitted in subdivision (1) above.

The incentives described in (1) and (2) above shall be available to an approved company whose project is financed by the authority’s project obligations for a period commencing on the date of issuance of such project obligations and, subject to the provisions of paragraph (c) below, ending on the first to occur of the following: (i) the termination of the financing agreement(s) entered into with respect to such project obligations; (ii) the maturity or earlier redemption or payment of the project obligations; or (iii) 25 years from the date the project is first placed in service. Immediately upon issuing any project obligations, the authority shall provide to the department the name of the approved company for whose benefit such project obligations were issued and sufficient information to determine the duration of the corporate income tax credit and the job development fees described in (1) and (2) above, respectively.

(b) As provided in subdivision (a) (2) above, an approved company may require, as a condition of employment, that each person employed by the approved company at the project financed by the authority’s project obligations agree to permit the approved company to deduct and withhold a job development fee not to exceed five percent from the gross wages paid to such employee by the approved company. Job development fees shall not be collected from persons employed by an approved company prior to the entry by such approved company into an agreement with the authority for financing of a project. If an approved company elects to collect a job development fee, it shall deduct the fee from the paycheck of each new employee and shall make its payroll books and records available for inspection by the authority or its designee at such reasonable times as the authority may request. Each approved company collecting a job development fee shall be required to file with the authority such information and documentation respecting the imposition and collection of such fee as the authority may require. Each approved company collecting a job development fee shall be permitted a credit against the withholding tax liability provided in Section 40-18-76 otherwise owed to the state, such credit not to exceed the lesser of (i) the amount of such tax, or (ii) the aggregate job development fees withheld.

Each employee who has been assessed a job development fee, as provided above, shall be entitled to a credit against his or her state income taxes in an amount equal to 100 percent of the job development fee withheld from the employee’s wages during the calendar year. Each employee who has been assessed a job development fee as provided above shall be entitled to a credit against his or her withholding tax liability calculated pursuant to Section 40-18-71 in an amount equal to 100 percent of the job development fee withheld from the employee’s wages during the calendar year.

(c) If an approved company fails to achieve the level of capital investment or employment anticipated at the time the authority agreed to finance its project, the department may, after notice and hearing, reduce or suspend all or any part of such incentives until such time as the anticipated capital investment and employment levels are met; provided, however, that such incentives shall not be suspended retroactively. The authority may provide in the financing agreement(s) entered into in connection with a project for the levels of capital investment and employment expected to be achieved and for the time period(s) in which such levels are to be achieved.

(d) The board of directors of the authority may, upon the written request of any local industrial development board, industrial development association, chamber of commerce, or other similar local entity, solicit and request from any person, corporation, foundation, or other legal entity any gift, grant, contribution, loan, or other kind of aid or assistance, whether in the form of property, services, or monies, which the board of directors deems necessary to provide to an approved company in order to induce such company to undertake a major project within the state. Any such solicitation or request by the authority may be made only upon the condition that the person, corporation, foundation, or other legal entity from whom assistance is requested agrees to continue its support for local economic development activities. The authority shall only be permitted to solicit assistance with respect to identified major projects and shall not solicit contributions for any general purpose. Any assistance which is provided to the authority and not used for the major project for which it was requested, shall be returned pro rata to the persons, corporations, foundations or other entities providing such assistance. The decision to provide all or a portion of the assistance requested by the authority shall lie solely within the discretion of the person, corporation, foundation or other legal entity receiving the request. Any assistance provided to the authority pursuant to the provisions of this subsection (d) is hereby deemed to have a valid business purpose and shall be allowed as a deduction against the corporate income tax levied by Section 40-18-31, the personal income tax levied by Section 40-18-2, or the financial institution excise tax levied by Section 40-16-4, whichever is appropriate. If assistance is provided to the authority by any person, corporation, foundation, or other legal entity, whether regulated or non-regulated, the cost of such assistance will be deemed to be a prudent, legal and non-discriminatory expenditure for all purposes of state law and regulation.
Ala. Code § 41-10-315 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-315
Section 41-10-315 Security for Deposit of Governmental Funds
Status: in_force

Any bonds issued by the authority may be used by the holders thereof as security for deposits of any funds belonging to the state or to any instrumentality, agency, or political subdivision of the state in any instance where security for such deposits may be required or permitted by law.
Ala. Code § 41-10-208 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-208
Section 41-10-208 Refunding Bonds
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 § 41-9-338 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-338
Section 41-9-338 Legislative Findings - Rosa Parks
Status: in_force

The Legislature finds as follows as to Rosa Parks:

(1) On December 1, 1955, Rosa Parks refused to give up her seat on a Montgomery bus.

(2) This bold act led to the Montgomery bus boycott, a major event in the United States’ Civil Rights struggle.

(3) Rosa Parks spent all of her life advocating for Civil Rights for African-Americans.

(4) Following the death of Rosa Parks, her body lay in honor in the rotunda of the United States Capitol, making her the first woman given such honor, the second African-American, and the first American who was not a government official.

(5) A statue of Rosa Parks was placed in the National Statuary Hall at the U.S. Capitol by special action of the U.S. Congress.

(6) That a commemorative statue to honor Rosa Parks would be a worthy addition to the grounds of the Alabama State Capitol, and the Legislature supports the inclusion of such a statue in a place of prominence on the West front of the Capitol facing Bainbridge Street that will convey to future generations the importance of Rosa Parks to the State of Alabama, the United States, and the world.
Ala. Code § 41-14-52 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-52
Section 41-14-52 Creation and Administration of Program
Status: in_force

(a) The Linked Deposit Program of 2007 is created and the Treasurer shall administer the program.

(b) The Treasurer shall establish procedures, guidelines, forms, and other requirements to carry out this article. The Treasurer may disseminate program information to interested parties.

(c) The maximum amount that the Treasurer may invest in the program shall not exceed 10 percent of all monies available to the Treasurer for investment as calculated by the average of the quarter-end amount for the previous four quarters. The amount invested in the program is at the total discretion of the Treasurer.

(d) The Treasurer shall provide an annual report outlining the status of the program and publish the report on the Treasury website for the benefit of the Governor, Legislature, and general public.
Ala. Code § 41-29-220 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-220
Section 41-29-220 Created; Purpose
Status: in_force

There is hereby created, within the Business Development Division of the Alabama Department of Commerce, the Alabama Small Business Office of Advocacy for the purpose of aiding, counselling, assisting, and protecting, insofar as possible, the interests of small business concerns in order to preserve free competitive enterprise and maintain a healthy state economy; and to provide information and assistance to citizens interested in entering into commercial activity.
Ala. Code § 41-16-141 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-141
Section 41-16-141 Definitions
Status: in_force

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

(1) ENERGY COST SAVINGS MEASURE. A training program or new facility or existing facility alteration designed to reduce energy consumption or operating costs, or water and other natural resources consumption, and may include one or more of the following:

a. Insulation and reduced air infiltration of the building structure including walls, ceilings, and roofs or systems within the building.

b. Storm windows or doors, caulking or weather-stripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.

c. Automated or computerized energy control systems, including computer software and technical data licenses.

d. Heating, ventilating, or air conditioning system modifications or replacements.

e. Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made.

f. Indoor air quality improvements.

g. Energy recovery systems.

h. Electric systems improvements.

i. Life safety measures that provide long-term operating cost reductions.

j. Building operation programs that reduce operating costs.

k. Other energy-conservation-related improvements or equipment, including improvements or equipment related to renewable energy.

l. Water and other natural resources conservation.

(2) GOVERNMENTAL UNIT. A state government agency, department, institution, college, university, technical school, legislative body, or other establishment or official of the Executive, Judicial, or Legislative Branches of the state authorized by law to enter into contracts, including all local political subdivisions such as counties, municipalities, or public school districts.

(3) GUARANTEED ENERGY COST SAVINGS CONTRACT. A contract for the implementation of one or more energy cost savings measures.

(4) OPERATIONAL COST SAVINGS. Expenses eliminated and future replacement expenditures avoided as a result of new equipment installed or services performed.

(5) QUALIFIED PROVIDER. A person or business experienced in the design, implementation, and installation of energy cost savings measures.

(6) REQUEST FOR PROPOSALS. A negotiated procurement that is announced through a public notice from a governmental unit which will administer the guaranteed energy cost savings contract requesting innovative solutions and proposals for energy conservation measures. The request for proposal shall include the following:

a. The name and address of the governmental unit.

b. The name, address, title, and phone number of a contact person.

c. The date, time, and place where proposals must be received.

d. The evaluation criteria for assessing the proposals.

e. Any other stipulations and clarifications the governmental unit may require.
Ala. Code § 41-16-144 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-144
Section 41-16-144 Construction of Article
Status: in_force

The provisions of this article shall not be construed to alter or circumvent present law which requires education support personnel to work under the direct supervision, employment, and/or control of local boards of education.
Ala. Code § 41-10-283 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-283
Section 41-10-283 Earnings of Authority
Status: in_force

The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private entity.
Ala. Code § 41-10-152 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-152
Section 41-10-152 Historical Preservation Authorities - to Be Nonprofit Corporations; Distribution of Net Earnings
Status: in_force

Each authority heretofore or hereafter organized pursuant to Sections 41-10-135 through 41-10-151, shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private individual, firm or corporation; except that in the event the governing body of any such authority shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of such authority, then any net earnings thereafter accruing to such authority may be paid to the State of Alabama.
Ala. Code § 41-10-43 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-43
Section 41-10-43 Confirmation of Prior Allocations
Status: in_force

All allocations of state ceiling applicable to the state made prior to September 27, 1988, pursuant to executive orders of the Governor of the state are hereby ratified and confirmed.
Ala. Code § 41-9-43 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-43
Section 41-9-43 Executive Director, Consultants, Advisors, Etc
Status: in_force

The chair, with the approval of the council, may employ an executive director and such additional personnel as may be necessary to accomplish the purpose of this article. The executive director, consultants, advisors, and any such additional personnel as may be necessary shall serve at the pleasure of the council and shall be paid such compensation as may be specified by the council. Except for the executive director and employees paid by federal funds such additional personnel shall be subject to the provisions of the state Merit System Act receiving the same salaries for the position each employee holds as of August 21, 1981 unless such salary is less than the minimum set by the Merit System and in that instance such salary shall be raised to the minimum; and shall be eligible for participation in the state health insurance plan and benefits for state employees as provided in Sections 36-29-1 through 36-29-12 and they shall not be eligible for participation in the state Employees’ Retirement System.
Ala. Code § 41-6-13 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-13
Section 41-6-13 Collection, Etc., of Data as to Alabama Soldiers in War Between States
Status: in_force

The department shall make special effort to collect data in reference to soldiers from Alabama in the war between the states, both from the Department of Defense and also from private individuals, and to cause the same to be prepared for publication as speedily as possible.
Ala. Code § 41-20-9 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-9
Section 41-20-9 Procedure for Review and Evaluation of Agencies -- Furnishing of Information by Department of Examiners of Public Accounts; Legislative Services Agency, Legal Division; and Legislative Services Agency, Fiscal Division
Status: in_force

The Department of Examiners of Public Accounts, the Legislative Services Agency, Legal Division, and the Legislative Services Agency, Fiscal Division of the state shall furnish, upon request of the reviewing and evaluating committee, any relevant information, including the results of prior audits and reviews of any agency under review.
Ala. Code § 41-28-13 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-13
Section 41-28-13 Trade-In of Equipment
Status: in_force

Subject to the approval of the state purchasing agent, the office may allow the trade-in of telecommunications, information technology, or cybersecurity equipment, the value of which may be credited against the cost of replacement equipment purchased in accordance with state competitive bid laws.
Ala. Code § 41-4-130 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-130
Section 41-4-130 Definitions
Status: in_force

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

(1) COST-REIMBURSEMENT CONTRACT. A contract under which a contractor is reimbursed for costs that are allowable and allocable in accordance with the contract terms and the provisions of this article, and a fee, if any.

(2) ESTABLISHED CATALOGUE PRICE. The price included in a catalogue, price list, schedule, or other form that does all of the following:

a. Is regularly maintained by a manufacturer or contractor.

b. Is either published or otherwise available for inspection by customers.

c. States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.

(3) INVITATION TO BID. All documents, whether attached or incorporated by reference, utilized for soliciting bids.

(4) PREFERRED VENDOR. A person that is granted preference priority according to the following:

a. PRIORITY #1. Produces or manufactures the product within the state.

b. PRIORITY #2. Has an assembly plant or distribution facility for the product within the state.

c. PRIORITY #3. Is organized for business under the applicable laws of the state as a corporation, partnership, or professional association and has maintained at least one retail outlet or service center for the product or service within the state for not less than one year prior to the deadline date for the competitive bid.

d. PRIORITY #4. Is physically located in the state and is more than 50 percent owned by a person who was discharged or released under conditions other than dishonorable and who has at least 24 months of active service in the United States military, naval, or air service, or who has less than 24 months of active service in any of the foregoing and was separated with a service-connected disability, or a national guardsman or reservist who completed active federal service for purposes other than training or who served at least 180 days of continuous service for purposes other than training.

(5) PURCHASE DESCRIPTION. The words used in a solicitation to describe the supplies or services to be purchased. The term includes any specifications attached to, or made a part of, the solicitation.

(6) REQUEST FOR PROPOSALS. All documents, whether attached or incorporated by reference, that are used for soliciting proposals.

(7) RESPONSIBLE BIDDER OR OFFEROR. A person who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability to assure good faith performance.

(8) RESPONSIVE BIDDER OR OFFEROR. A person who has submitted a bid or offer that conforms in all material respects to the invitation for bid or request for proposal.
Ala. Code § 41-23-254 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-254
Section 41-23-254 Alabama Research and Development Enhancement Oversight Committee
Status: in_force

(a) The Alabama Research and Development Enhancement Oversight Committee is created. The committee shall consist of the Chair of the House Ways and Means Education Committee or designee, the Chair of the Senate Finance and Taxation Education Committee or designee, two members appointed by the Speaker of the House of Representatives, two members appointed by the President Pro Tempore of the Senate, and the Director of ADECA or his or her designee. The oversight committee shall be charged with meeting at least annually and providing general oversight of the implementation of this article and the grant awards determinations, and recommending further statutory changes to promote research and development within Alabama.

(b) The committee shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(c) For any year in which grants are distributed under the program, ADECA shall produce a quarterly report on the awarded grants and the status of grants under the program to the committee, including progress toward increased research and development activities in Alabama. The report shall also be published on ADECA’s website; provided, however, that the details of any specific research project shall not be published on the ADECA website without the express written permission of the research entity applying for or receiving the grant. By June 6, 2020, ADECA shall produce a report on the increased research and development activities supported by grant funds.
Ala. Code § 41-8A-10 — Alabama Code / Title 41 / Chapter 8A / Section 41-8A-10
Section 41-8A-10 Regional Advisory Boards and Planning Units - Budgetary and Other Financial Procedures
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-9-219.7 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-219.7
Section 41-9-219.7 Exceptions
Status: in_force

Notwithstanding the foregoing, no landfill or dump, regardless of nature, toxic substance, trash, waste, household, chemical, or otherwise, shall qualify for any tax credit permitted by this article.
Ala. Code § 41-14-30 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-30
Section 41-14-30 Deposit of Funds in Qualified Public Depositories; Types of Investments
Status: in_force

(a) The State Treasurer may deposit the money of the state in any available bank product in any bank or savings association that is a qualified public depository under Chapter 14A of this title and that has been designated as a state depositary according to law, so long as the bank or savings association agrees to pay interest on the money.

(b) The State Treasurer may invest so much of the funds as he or she may deem appropriate in bonds, notes, or treasury bills of the United States or in obligations of any agency or instrumentality of the United States of America, including but not limited to the Federal Land Bank, Federal Home Loan Bank, Federal National Mortgage Association, Federal Intermediate Credit Bank, banks for cooperatives, Resolution Trust Corporation, or any of its other agencies, or in any other obligations guaranteed as to principal and interest by the United States, or in money market mutual funds which invest solely in securities otherwise authorized in this section.

(c) Funds may also be invested in such obligations of the United States or its agencies under a repurchase agreement for a shorter time than the maturity date of the security itself.

(d) Funds may also be invested in commercial paper with the highest quality credit rating at the time of purchase and in banker’s acceptances.
Ala. Code § 41-10-201 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-201
Section 41-10-201 Definitions
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 § 41-10-44.11 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.11
Section 41-10-44.11 Publication of Notice; Time Limitation on Actions Questioning Bonds or Proceedings
Status: in_force

Upon the adoption by the board of directors of the authority of any resolution providing for the issuance of project obligations, the authority may, in its discretion, 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 (the blanks being properly filled in) at the end of which shall be printed the name and title of either the president or the secretary of the authority:

“The State Industrial Development Authority, a public corporation under the laws of the State of Alabama, on the ______ day of ________, authorized the issuance of $___ principal amount of bonds or other obligations of the said public corporation for purposes authorized in Title 41, Chapter 10, Article 2A. The proceeds from the sale of the said bonds or other obligations are proposed to be used to finance the acquisition, construction, and installation of facilities to be located at _______, for the use and occupancy of _________.

Any action or proceeding questioning the validity of the said bonds or other obligations, the security thereof, the use of the proceeds thereof or the proceedings authorizing the same, must be commenced within 30 days after the first publication of this notice.”

Any action or proceeding in any court to set aside or question the proceedings for the issuance of the project obligations referred to in said notice or to contest the validity of any such project obligations, 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 such notice. After the expiration of the said period no right of action or defense questioning or attacking any of the foregoing shall be asserted, nor shall the validity of the said proceedings, project obligations, security or use of proceeds be open to question in any court on any ground whatsoever except in an action commenced within such period.
Ala. Code § 41-10-92 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-92
Section 41-10-92 Powers of Corporation - Eminent Domain
Status: in_force

The corporation shall have the same powers of eminent domain as are vested by law in the county, which powers shall be exercised in the same manner and under the same conditions as are provided by law for the exercise of the power of eminent domain by the county.
Ala. Code § 41-9-962 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-962
Section 41-9-962 Authority to Issue Revenue Bonds; Purposes; Redemption; Maturity Date Limitation; Public or Private Sale; Obligations of Project Not State; Security
Status: in_force

(a) The commission shall have the power and authority to issue and sell at any time its revenue bonds for the purpose of providing funds to acquire, transport, outfit, renovate, maintain, improve, and berth the items relevant to the Tuskegee Airmen and other related historic artifacts and to construct, improve, enlarge, complete, maintain, operate, and equip the museum established in this article and for the payment of obligations incurred.

(b) The principal of and interest on any bonds shall be payable solely out of the revenues derived from the project. All bond service payments shall be subordinate to the acquisition, establishment, and maintenance of a reasonable maintenance and operating fund.

(c) Any bonds of the commission may be delivered by the commission at any time and shall be in such form and denominations and of tenor and maturities, shall bear rate or rates of interest, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent with this section, all as provided by duly adopted resolutions of the commission whereupon bonds are authorized to be issued; provided, however, that no bond of the commission shall have a specified maturity date later than 30 years after its date. Each bond of the commission having a specified maturity date more than 10 years after its date shall be made subject to redemption at the option of the authority of the commission at the end of the tenth year after its date and on any interest payment date thereafter under terms and conditions as may be provided in the resolution under which a bond is authorized to be issued.

(d) Bonds of the commission may be sold at either public or private sale in a manner and in a time as may be determined by the commission to be most advantageous.

(e) Bonds issued by the commission shall not be obligations of the State of Alabama but shall be payable solely out of the revenue derived from the park project in respect of which bonds are issued. The principal of and the interest on the bonds shall be secured by a pledge of the revenues out of which the bonds shall be payable and by a pledge of the rentals or leases from any concessions granted by the commission and may be secured by nonforeclosable indenture covering the park project.
Ala. Code § 41-23-252 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-252
Section 41-23-252 Definitions. (Amended by Act 2026-550)
Status: in_force

AMENDED BY ACT 2026-550, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

For the purpose of this article, the following words and phrases shall have the following meanings:

(1) ADECA. The Alabama Department of Economic and Community Affairs.

(2) ALABAMA RESEARCH ENTITY. One or more of the following:

a. A public or private university in the state in partnership with a private sector applicant.

b. A university research foundation affiliated with a public or private university in the state in partnership with a private sector applicant.

c. A public two-year college in the state in partnership with a private sector applicant.

d. A publicly owned hospital in the state in partnership with a private sector applicant.

e. An entity duly formed, domiciled, or qualified to do business in the state in partnership with a private sector applicant and that meets each of the following criteria:

1. Is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

2. Is predominantly engaged in research and non-commercial development activities undertaken for the purpose of discovering information that is technological or biotechnological in nature, involves a process of experimentation, and the application of which is intended to be used in the development of a new or improved product, service, or treatment.

3. Has its headquarters and principal place of business in the state.

4. Has, or is anticipated to have, at least 75 percent of its property and payroll in Alabama, using the property and payroll factor calculations found in Title 40.

(3) APPROVED ACTIVITY. The conduct of an activity that is predominantly any one or more of the following:

a. Described by NAICS Code 1133, 115111, 2121, 22111, 221330, 31 (other than 311811), 32, 33, 423, 424, 482, 4862, 48691, 48699, 48819, 4882, 4883 (other than 48833), 493, 511, 5121 (other than 51213), 51221, 517, 518 (without regard to the premise that data processing and related services be performed in conjunction with a third party), 51913, 52232, 54133 (if predominantly in furtherance of another activity described in this article), 54134 (if predominantly in furtherance of another activity described in this article), 54138, 5415, 541614, 5417, 55 (if not for the production of electricity), 561422 (other than establishments that originate telephone calls), 562213, 56291, 56292, 611512, 927, or 92811.

b. The production of biofuel as the term is defined in Section 2-2-90(c)(2).

c. A target of the state’s economic development efforts pursuant to either of the following:

1. The Accelerate Alabama Strategic Economic Development Plan adopted in January 2012 by the Alabama Economic Development Alliance, created by Executive Order Number 21 of the Governor on July 18, 2011, or any amended version or successor document.

2. A type listed in a regulation adopted by the Department of Commerce.

(4) NAICS CODE. Any sector, subsector, industry group, industry, or national industry of the 2012 North American Industry Classification System, or any similar classification system developed in conjunction with the United States Department of Commerce or Office of Management and Budget.

(5) QUALIFIED RESEARCH. The meaning given in 26 U.S.C. § 41(d), if conducted in Alabama in pursuit of an approved activity. In applying any terms in 26 U.S.C. § 41, “qualified research” shall have the meaning given herein.
Ala. Code § 41-10-728 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-728
Section 41-10-728 Fee Imposed on Wages of Certain Employees
Status: in_force

(a) In addition to all other taxes now imposed by law, there is hereby levied and imposed a fee on the wages, as defined in this division, paid by the employer to employees engaged in skilled labor in the performance of a construction contract or job in the State of Alabama, which fee shall be assessed, collected, and paid quarterly at the rate and as specified in subsection (b) and for each year as hereinafter provided.

(b) Each employer subject to this division shall remit to the department a fee for the purpose of funding a program providing for the recruitment of, and training opportunities for, new construction craft trade labor in an amount equal to nine one-hundredths of one percent of the Alabama wages paid during the preceding quarter to all employees of the employer engaged in skilled labor under a construction contract or on a job located in this state for the first five quarters following May 18, 2009.

(c) Following the first five quarters following May 18, 2009, the receipts of the fee, less cost of collection for the second through fifth quarters, shall be tabulated and the fee rate shall be adjusted in order for the aggregate net collections for the subsequent four quarters to amount to one million seven hundred fifty thousand dollars ($1,750,000), and the revised fee rate shall be the fee rate utilized for each quarterly period thereafter.

(d) The fee levied by this division shall be remitted in a manner and on forms prescribed by the department.
Ala. Code § 41-23-31 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-31
Section 41-23-31 Rules and Regulations; Cooperation of Agencies
Status: reserved

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

The Directors of the Alabama Department of Economic and Community Affairs, Alabama Department of Commerce, Department of Education, the Department of Workforce and the Commissioner of the Department of Revenue shall be authorized to formulate reasonable rules and regulations necessary to implement the provisions of this article and shall cooperate with each other in the implementation of this article.
Ala. Code § 41-9-162 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-162
Section 41-9-162 Applicability of Building Code
Status: in_force

(a) The code of minimum building standards promulgated and enforced by the Construction Management Division of the Department of Finance shall be applicable only to all state buildings and construction, schoolhouses, hotels, and moving picture theatres in Alabama. (b) The effect of the building code shall be limited, in the cases of state building and construction and public schoolhouses, to buildings and structures erected or acquired after the operative date thereof. As to private schoolhouses, hotels, and moving picture theatres, the code shall apply to the place of conduct of each such business activity not employed or in the process of erection for that purpose prior to the effective date thereof.
Ala. Code § 41-9-346 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-346
Section 41-9-346 Commission a Public Body Corporate
Status: in_force

The commission shall constitute a public body corporate and shall have, in addition to those set forth specifically in this article, all powers necessary or convenient to effect the purposes for which it has been established under and by the terms of this article, together with all powers incidental thereto or necessary to the discharge of its said powers and duties.
Ala. Code § 41-29-336 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-336
Section 41-29-336 Construction and Application of Division
Status: in_force

(a) Nothing in this division shall require the sponsors of nonregistered preapprenticeships, youth apprenticeships, and industry-recognized apprenticeships, including state agencies, colleges and universities, and business and industry sponsors to certify the programs with the Alabama Office of Apprenticeship.

(b) Nothing in this division shall be interpreted as a mandate to hinder funds duly distributed to a state agency, college or university, or any other entity receiving state or federal funds in support of apprenticeship activities.

(c) The Alabama Office of Apprenticeship, with the consent of the sponsor, shall permit the State Apprenticeship Intermediary to provide the required technical instruction and technical assistance, including the implementation of the competency models established in subdivision (3) of subsection (h) of Section 41-29-333 that are aligned to the on-the-job training for apprenticeship programs registered or certified by the Alabama Office of Apprenticeship.

(d) The State Department of Education shall continue to be the eligible agency to receive and administer career and technical education funding under the Perkins Act.
Ala. Code § 41-15-9 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-9
Section 41-15-9 Director of Finance May Prescribe Insurance Coverages, Forms of Policies, Etc., Define Terms, Make Rules and Regulations, Etc., for Administration of Chapter
Status: in_force

The Director of Finance is authorized to prescribe insurance coverages, forms of policies, proofs of losses, and other forms; to define terms; make rules and regulations; to provide additional experience and schedule rating factors and appropriate deductibles from losses as may be necessary or expedient for the proper administration of the provisions of this chapter.
Ala. Code § 41-19-10 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-10
Section 41-19-10 Authority of Agencies/Departments as to Administration of Programs and Appropriations Generally; Preparation, Review, Approval, Etc., of Annual Plans for Operation of Programs; Granting of Salary Increases, Etc., by Agencies/Departments; Transfers or Changes of Appropriations; Quarterly Reports by Department of Finance as to Operations of Agencies/Departments
Status: in_force

(a) Except as limited by policy decisions of the Governor, appropriations by the Legislature and other provisions of law, the several state agencies/departments shall have full authority for administering their program assignments and appropriations and shall be responsible for their proper management.

(b) Each state agency/department shall prepare an annual plan for the operation of each of its assigned programs. The operations plan shall be prepared in the form and content and be transmitted on the date prescribed to the Department of Finance.

(c) The Department of Finance shall:

(1) Review each operations plan to determine that it is consistent with the policy decisions of the Governor and appropriations by the Legislature, that it reflects proper planning and efficient management methods and that appropriations have been made for the planned purpose and will not be exhausted before the end of the fiscal year;

(2) Approve the operations plan if satisfied that it meets the requirements under subdivision (1) of this subsection; otherwise, the Department of Finance shall require revision of the operations plan in whole or in part; and

(3) Modify or withhold the planned expenditures at any time during the appropriation period if the Department of Finance finds that such expenditures are greater than those necessary to execute the programs at the level authorized by the Governor and the Legislature or that the revenues and resources will be insufficient to meet the authorized expenditure levels.

(d) No state agency/department may increase salaries of its employees, employ additional employees, or expend money or incur any obligations except in accordance with law and with a properly approved operations plan by the Director of Finance.

(e) Appropriation transfers or changes as between objects of expenditures within a program may be made only by the Director of Finance. Appropriation transfers or changes between programs within an agency/department may be made only by the Governor and shall be reported to the Legislature quarterly. No transfers shall be made between agencies/departments except pursuant to interagency agreements executed for purposes of accomplishing objectives for which the funds involved were appropriated.

(f) The Department of Finance shall report quarterly to the Governor and the Legislature on the operations of each state agency/department, relating actual accomplishments to those planned and modifying, if necessary, the operations plan of any agency/department for the balance of the fiscal year.
Ala. Code § 41-10-108 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-108
Section 41-10-108 Dissolution of Corporation and Vesting of Title to Properties Thereof Upon Dissolution; Vesting of Title to Projects Upon Payment in Full of Bonds Pertaining Thereto; Formation of Corporation Not to Prevent Subsequent Formation of Other Corporations by Same County
Status: in_force

(a) At any time when the corporation does not have any bonds outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the corporation shall be dissolved. Upon the filing for record of a certified copy of said resolution in the office of the judge of probate of the county, the corporation shall thereupon stand dissolved and, in the event that it owns any property at the time of its dissolution, the title to all its property shall thereupon vest in the county.

(b) In the event that the corporation shall at any time have outstanding bonds issued under this article payable out of the revenues from different projects, then as and when the principal of and interest on all bonds payable, in whole or in part, from the revenues derived from any project shall have been paid in full, title to the project with respect to which the bonds so paid in full have been paid shall thereupon vest in the county, but such vesting of title in the county shall not affect the title of the corporation to any other project the rent, revenues or income from which are pledged to the payment of any other bonds then outstanding.

(c) The formation of one or more corporations under the provisions of this article shall not prevent the subsequent formation under this article of other corporations pursuant to the authorization by the same county.
Ala. Code § 41-4-9 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-9
Section 41-4-9 Grants Received from the Federal Government
Status: in_force

Nothing in this chapter shall be deemed to authorize or require the allotment, handling or expenditure of any moneys received as grants from the federal Department of Health, Education and Welfare or any other agency of the federal government, or the use or disposition of any properties purchased therewith, in a manner contrary to any condition or limitation attached to any such grant.
Ala. Code § 41-29-298 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-298
Section 41-29-298 Alabama College and Career Readiness Act
Status: in_force

(a) This section shall be known and may be cited as the Alabama College and Career Readiness Act. (b) For the purposes of this section, the state apprenticeship agency is the Alabama Office of Apprenticeship. (c) Commencing with the 2025-2026 school year, a public school student shall earn one or more college or career readiness indicators approved by the State Board of Education, before graduation. (d) The State Board of Education shall adopt rules as necessary to implement and administer this section pursuant to the Alabama Administrative Procedure Act, Chapter 22 of this title.
Ala. Code § 41-6-33 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-33
Section 41-6-33 Lease, Sale, Etc., of Gifts or Donations of Real Property Authorized; Disposition of Proceeds from Sale or Rent
Status: in_force

Should any gift or donation to said department be in the form of real property, it may be leased, rented or sold in the discretion of said board of trustees, but the sum received as rent or the amount received as the purchase price, in the event of sale, must be deposited to the credit of said endowment fund, and such sum shall remain intact as a part of the principal amount of such endowment fund, and the interest received from the investment thereof shall be paid in the same manner as provided in this article for the payment of interest on other moneys deposited to the credit of said endowment fund.
Ala. Code § 41-10-101 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-101
Section 41-10-101 Investment in Bonds of Corporation by Savings Banks, Insurance Companies, Trustees, Etc
Status: in_force

Bonds issued under the provisions of this article are hereby made legal investments for executors, administrators, trustees, and other fiduciaries and for savings banks and insurance companies organized under the laws of the state.
Ala. Code § 41-10-553 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-553
Section 41-10-553 Exemption from Taxes, Fees, Etc
Status: in_force

The income and property of the authority, all authority obligations and the interest paid on any such authority obligations, all conveyances by or to the authority, and all instruments by or to the authority shall be exempt from all taxation in the state. The authority shall also be exempt from all license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which the authority may engage. The authority shall not be obligated to pay or allow any fees, taxes, or costs in the recording of any document to the judge of probate of any county.
Ala. Code § 41-10-515 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-515
Section 41-10-515 Leasing to County, Municipal Corporation, Agency of Federal Government, Etc
Status: in_force

If at any time any facility constructed or acquired by the authority is, or is about to be, vacant or unused as a result of there being no lease for such facility in effect for the current fiscal year, then, but only in such event, in order to prevent default on its bonds, the authority is hereby authorized to lease such facility to any other agency, department, bureau, or commission of the state, any municipal corporation, public corporation, county, or other public body in the state, or any agency of the federal government, and lastly, and in no other order of priority, to a private person, firm, or corporation. Any such lease shall not be for the purpose of lending public credit but shall be solely to avoid default on the authority’s bonds and to insure the prompt payment of the principal thereof and interest thereon when due.
Ala. Code § 41-10-732 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-732
Section 41-10-732 Applicability
Status: in_force

Nothing in this division, including the fees collected pursuant to this division, shall apply to any person or entity licensed by the Alabama Home Builders Licensure Board or any subcontractor working on any residential project falling under the jurisdiction of the Alabama Home Builders Licensure Board. Further, nothing in this division shall apply to any person or entity that is granted an exemption from the licensing requirements under Chapter 14A of Title 34, except for subdivision (3) of Section 34-14A-6, or their subcontractors working on any residential project in Alabama. Notwithstanding any provision of this division, any person or entity licensed by the Alabama Home Builders Licensure Board or subcontractors that work on any commercial or industrial project shall be subject to the fee levied by this division.
Ala. Code § 41-10-44.3 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.3
Section 41-10-44.3 Additional Powers of Authority
Status: in_force

In addition to the powers granted to it in Section 41-10-26 and in Sections 41-10-37 through 41-10-43, the authority shall have the following powers:

(1) To adopt and alter bylaws for the regulation and conduct of its affairs and business;

(2) To borrow money and to issue project obligations, whether or not the interest thereon is excluded from gross income for federal income tax purposes, for the purpose of financing project costs, and to provide for the rights of the purchasers, holders, or owners of its project obligations;

(3) To execute and deliver mortgages, security agreements and trust indentures and other forms of agreements for the purpose of securing its project 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 Article 2A;

(4) To purchase promissory notes, mortgages, security interests or participations in promissory notes evidencing loans executed to provide financing for projects and to enter into contracts and agreements in that regard;

(5) To make loans to any approved company for project costs, which loans may be evidenced or secured by loan agreements, promissory notes, mortgages, security agreements, assignments, letters of credit, guaranties, surety bonds, insurance policies, or such other instruments, or upon such terms and conditions as the board of directors shall determine to be reasonable. In entering into any financing agreement, the authority shall have the right and power to require the inclusion therein of such provisions or requirements for guaranties of obligations, insurance, construction, use, operation, maintenance, management, and financing of a project, and such other terms and conditions, as the authority may deem desirable and appropriate;

(6) To arrange for various forms of security or credit enhancement for its project obligations including letters of credit, guaranties, policies of insurance, surety bonds, and the like;

(7) To sell mortgages and security interests at public or private sale, to negotiate modifications or alterations in mortgage and security interests, to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, contract, or other agreement, and to bid for and purchase property which was the subject of such mortgage or security interest at any foreclosure or at any other sale, to acquire or take possession of any such property, and to exercise any and all rights as provided by law for the benefit or protection of the authority or the holders of project obligations;

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

(9) To make and execute contracts for the servicing of loans made by the authority and mortgages acquired by the authority and to pay the reasonable value of services rendered to the authority pursuant to such contracts;

(10) 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 the provisions of this Article 2A;

(11) To invest moneys of the authority not required for immediate use, including proceeds from the sale of any project obligations, in such manner as the board of directors shall determine;

(12) To establish accounts in one or more depositories;

(13) 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 board of directors shall deem necessary or desirable for the conduct of the business of the authority; provided, however, that when hiring investment bankers and underwriters, the board of directors shall retain the firm(s) requested by an approved company unless there is a compelling reason to the contrary, and provided further that when hiring investment bankers, underwriters, or attorneys, they shall retain a firm(s) whose principal office is located in the state;

(14) 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;

(15) To establish one or more tax increment funds with respect to a project as provided in Section 41-10-44.8;

(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 article; and

(17) To adopt and promulgate administrative regulations necessary or appropriate to effectuate its purposes and to administer the program authorized herein.
Ala. Code § 41-1-21 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-21
Section 41-1-21 Penalties
Status: in_force

Failure to make such payment or remittance in immediately available funds in a timely manner, or failure to provide such evidence of payment or remittance in a timely manner, shall subject the affected taxpayer or obligee to penalty, interest, and loss of applicable discount, as provided by state law for delinquent or deficient tax, fee or obligation payments. If payment is timely made in other than immediately available funds, penalty, interest, and loss of applicable discount shall be added to the amount due from the due date of the tax, fee or obligation payment to the date that funds from the tax, fee, or obligation payment subsequently become available to the state, in accordance with state law for delinquent or deficient tax, fee or obligation payments.
Ala. Code § 41-4-201 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-201
Section 41-4-201 Chief of Legal Division - Head of Division; Vacancies in Office
Status: in_force

The legal division shall be headed by and be under the direction, supervision, and control of the chief of said division. Any vacancy in this office shall, subject to the provisions of the state Merit System law, be filled by appointment by the Director of Finance, with the approval of the Attorney General.
Ala. Code § 41-4-132 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-132
Section 41-4-132 Competitive Sealed Bidding Procedures
Status: in_force

(a) Except as otherwise provided in this division, contracts shall be awarded by competitive sealed bidding.

(b) An invitation to bid shall be issued and shall include a purchase description and all contractual terms and conditions applicable to the procurement.

(c) Adequate public notice of the invitation to bid shall be given a reasonable time prior to the date set forth in the invitation for the opening of bids, in accordance with rules adopted under this article.

(d) Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation to bid. Alternatively, bids may be opened in an electronic system at a time specified in the invitation to bid and in a manner that records the time of opening. The amount of each bid, the name of each bidder, and any other information required by rule shall be recorded. The record and each bid shall be open to public inspection to the extent required by Section 41-4-115.

(e) Bids shall be unconditionally accepted without alteration or correction, except as authorized in this article. Bids shall be evaluated based on the requirements set forth in the invitation to bid, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Any criteria that will affect the bid price and will be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The invitation to bid shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluations that are not set forth in the invitation to bid.

(f)(1) When a bid is submitted that contains an error, the Chief Procurement Officer or head of a purchasing agency may authorize the correction or withdrawal of the bid or may cancel the award of the contract. The authorization of the correction or withdrawal shall be done in accordance with rules adopted by the Chief Procurement Officer.

(2) After a bid has been opened, with the exception of price negotiations with the lowest responsible bidder, no changes in bid prices or other provisions of bids prejudicial to the interest of the state or fair competition shall be permitted.

(g)(1) Unless there is a compelling reason to reject bids, as prescribed by rules, notice of intent to award to the lowest responsive and responsible bidder whose bid meets the requirements set forth in the invitation to bid shall be given by posting the notice at a location specified in the invitation to bid. Before posting the notice of intent to award, the Chief Procurement Officer or head of the purchasing agency may negotiate with the lowest responsive and responsible bidder to lower the bid price within the scope of the invitation to bid. The invitation to bid and notice of intent to award shall contain a statement of the bidder’s right to protest.

(2) The Chief Procurement Officer may award multiple purchase contracts resulting from a single invitation to bid where the specifications of the items of supplies or services intended to be purchased by a requisitioning agency or agencies are determined, in whole or in part, by technical compatibility and operational requirements. In order to make multiple awards under this subdivision, the awarding authority shall include in the invitation to bid a notice that multiple awards may be made and the specific technical compatibility or operational requirements necessitating multiple awards. Multiple awards of purchase contracts with unique technical compatibility or operational specifications shall be made to the lowest responsible bidder complying with the unique technical compatibility or operational specifications. The requisitioning agency shall provide the awarding authority with the information necessary for it to determine the necessity for the award of multiple purchase contracts under this subdivision.

(h) When it is considered impractical by the Chief Procurement Officer to initially prepare a purchase description to support an award based on price, an invitation to bid may be issued requesting the submission of unpriced offers to be followed by an invitation to bid limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.

(i)(1) Before soliciting bids, the Chief Procurement Officer may authorize issuance of a request for qualifications from prospective bidders. The request shall contain, at a minimum, a description of the scope of work to be solicited by the invitation for bids, the deadline for submission of information, and how prospective bidders may apply for consideration. The request shall require information concerning the prospective bidders’ product specifications, qualifications, experience, and ability to perform the requirements of the contract. Adequate public notice of the request for qualifications shall be given in the manner provided in subsection (c).

(2) After receipt of the responses to the request for qualifications from prospective bidders, all qualified bidders, as determined by the Chief Procurement Officer, shall have an opportunity to bid. The determination regarding which bidders are qualified is not subject to review.
Ala. Code § 41-9-330 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-330
Section 41-9-330 Insurance Programs for Employees
Status: in_force

(a) All full-time employees of the Tannehill Furnace and Foundry Commission shall be treated as state employees for the purpose of participating in any insurance programs provided for state employees.

(b) The Tannehill Furnace and Foundry Commission is hereby authorized and empowered to pay the employer’s contributions to any such programs out of any funds appropriated to them or available to them for any purpose whatsoever, and it may deduct the employees’ contributions for such programs by means of payroll deductions or otherwise from any salary or compensation paid said employees.
Ala. Code § 41-22-14 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-14
Section 41-22-14 Intervention in Contested Cases
Status: in_force

In contested cases, upon timely application, any person shall be permitted to intervene when a statute confers an unconditional right to intervene, or when the applicant has an individual interest in the outcome of the case as distinguished from a public interest and the representation of the interest of the applicant is inadequate.
Ala. Code § 41-6A-11 — Alabama Code / Title 41 / Chapter 6A / Section 41-6A-11
Section 41-6A-11 Proprietary Information; Confidentiality
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-4-168 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-168
Section 41-4-168 Civil Action to Enjoin Execution of Contract
Status: in_force

A bona fide unsuccessful bidder or offeror on a particular contract who has exhausted the administrative remedies contained in this division and any taxpayer of the area within the jurisdiction of the awarding authority may bring a civil action in the Circuit Court of Montgomery County to enjoin execution of any contract entered into in violation of this article.
Ala. Code § 41-29-283 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-283
Section 41-29-283 Funding; Financial Statement
Status: in_force

(a) AIDT shall continue to be funded from the Education Trust Fund and may receive any other funds appropriated by the United States or the state. AIDT shall maintain accounts in its own name and shall make all of its disbursements and payments directly from accounts maintained outside the State Treasury rather than through state warrants. Funds that have been allocated by AIDT under a project agreement for workforce development shall not be transferred to any other expenditure or for any other purpose without the express written approval of the Secretary of Commerce. All disbursements and payments by AIDT shall be subject to the approval of the director as prescribed in the AIDT Policy Manual as it may be amended from time to time with the approval of the Secretary of Commerce.

(b) Before the third legislative day of each regular session of the Legislature AIDT shall provide to the Chair of the House Ways and Means Education Fund Committee and the Chair of the Senate Finance and Taxation Education Committee a reconciled financial statement of the project commitments and the actual expenditures on project commitments for the preceding fiscal year.
Ala. Code § 41-10-761 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-761
Section 41-10-761 Tax Exemption
Status: in_force

The income and property of the authority, all bonds of the authority and the interest paid on any such bonds, all conveyances by or to the authority, and all instruments by and to the authority shall be exempt from all taxation in the state. The authority shall also be exempt from all license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which the authority may engage. The authority shall not be obligated to pay or allow any fees, taxes, or costs in the recording of any document to the judge of probate of any county.
Ala. Code § 41-9-807 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-807
Section 41-9-807 Exemption from Taxation
Status: in_force

The commission, its property and income and all bonds issued by the commission, the income from such bonds or from the investment of such income and all conveyances, leases, mortgages, and deeds of trust by or to the commission shall be exempt from all taxation in the State of Alabama.
Ala. Code § 41-9-1061 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1061
Section 41-9-1061 Purposes, Duties
Status: in_force

(a) The commission shall study the conditions, needs, issues, and problems of the criminal justice system in Alabama as it affects girls and women by conducting walk through inspections of each of the women’s correctional facilities and female youth facilities and shall have unimpeded access to all documents of public record produced, used, and maintained by entities of the criminal justice system to assess the needs of the beneficiary population and to assess the impact of the commission’s recommendations.

(b) The commission shall conduct beneficiary panels and focus groups to assess needs of the beneficiary population to ensure the responsiveness and accountability of the criminal justice system.

(c) In conducting such study, the commission shall study best practices regarding women victims and offenders in Alabama and other states and shall elicit views from experts in the field of criminal justice, drug treatment, and domestic violence.

(d) The commission shall review the range of services or sanctions that are needed by the criminal and juvenile justice, public health, and mental health systems to best serve the needs of the community, family, women victims, women offenders, and adjudicated female youth.

(e) Based on such research, investigation, and review, the commission shall develop comprehensive, evidence-based recommendations through all of the following:

(1) The generation of savings from the elimination of redundant administrative, management, and programmatic functions, and the reinvestment of those savings into community-based services.

(2) The development, establishment, and implementation of gender-specific risk assessments to ensure gender equity in public risk assessment.

(3) The establishment of reporting procedures between criminal justice system entities and the commission to ensure incarcerated girls and women are fairly afforded access to and are involved in the planning and evaluation of programs and services, including domestic violence services, educational services, work release, mental health services, rehabilitative programming, and supportive services for re-entry.

(4) The establishment and implementation of gender-specific risk assessments.

(5) The development of other policies, standards, or licensing procedures that will enhance gender responsiveness or gender equity, or both, in the criminal justice system.

(f) The commission may solicit the input of other government, provider, community, and consumer representatives not otherwise specified in this section, by appointing an advisory council, and by other means as it deems appropriate.

(g) The commission shall create such partnerships and tools as necessary to ensure that female offenders and female adjudicated youth in Alabama are provided a continuum of supervision strategies and program services reflecting best practices for female probationers, prisoners, parolees, and detainees in areas including, but not limited to, classification, diagnostic processes, facilities, medical and mental health care, and child custody and visitation.

(h) The commission may enter into agreements with other state agencies and public or private organizations for such additional staff or support as the commission may determine to be necessary. Any and all private funding shall be accepted only upon clear designation that such funding place no conditions on the findings or recommendations of the commission.

(i) The commission shall make recommendations for legislative or administrative rule changes that can safely reduce the women’s prison population or increase the well-being of Alabama’s women prisoners and criminal justice involved female youth, or both.

(j) The commission shall submit an annual report to the Legislature and the Governor no later than 20 days before the convening of each regular session. The report shall detail the development of the comprehensive continuum of care to address the gender-responsive needs of Alabama’s female offenders and female adjudicated youth. The report shall highlight the existing gaps in the system and include recommendations for resources needed to reach a seamless continuum of care and other relevant information concerning the creation of a gender-responsive environment for female offenders and female adjudicated youth. The report may also include gender impact statements that provide a cost-benefit analysis comparing the costs and effectiveness of high security residential facilities, community corrections programs, community treatment programs, transitional facilities, and other alternatives to incarceration or high security correctional facilities, or both.
Ala. Code § 41-9-573 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-573
Section 41-9-573 Reports
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 § 41-9-741 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-741
Section 41-9-741 Composition
Status: in_force

Amended and renumbered as §38-3-21 by Act 2008-398, p. 787, §3, effective May 16, 2008.
Ala. Code § 41-4-1 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-1
Section 41-4-1 Definitions
Status: in_force

The words “state and the departments, boards, bureaus, commissions, agencies, offices, and institutions thereof,” and the words “departments, boards, bureaus, commissions, agencies, offices and institutions of the state,” wherever they appear in this chapter, shall not be construed to include counties, municipal corporations, political subdivisions, county and city boards of education, district boards of education of independent school districts, and other local public bodies.
Ala. Code § 41-8-41 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-41
Section 41-8-41 Definitions
Status: in_force

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

(1) DEPOSITORY. An institution which contracts with the Alabama Public Library Service to participate in the state publications depository system.

(2) STATE AGENCY. Any permanent or temporary state office, department, division or unit, bureau, board, commission, task force, authority, institution, state college or university, or other unit of state government, whether executive, legislative, or judicial.

(3) STATE PRINTER. The state print shop, a commercial printer under contract with a state agency, or a state agency print shop.

(4) STATE PUBLICATION. Any document issued by a state agency which the agency may legally release for public distribution, but does not include any of the following:

1. Code of Alabama.

2. Bound volumes of the Acts of Alabama.

3. Legislative bills, journals, and slip laws.

4. The Alabama Digest.

5. Alabama Reporter.

6. Any other items prepared for commercial sales.

7. Correspondence, interoffice or intraoffice memoranda, routine forms, other internal records, or any other item of a strictly administrative nature.

8. Any document published pursuant to the Administrative Procedure Act.

9. Indices prepared by the Legislative Services Agency.
Ala. Code § 41-24-3 — Alabama Code / Title 41 / Chapter 24 / Section 41-24-3
Section 41-24-3 Purposes for Which Alabama Community Service Grants Shall Be Made
Status: in_force

Alabama community service grants shall be made only for the following purposes: 1) To enhance the education of the citizenry through activities, expenditures for capital improvements or equipment, that promote literacy, learning, arts appreciation, public health, and mental health; 2) to promote activities that provide human and social services which reduce the hardships of old age, poor health, or poverty; 3) to promote the marketability, yield, or quality of Alabama-produced agricultural commodities; and 4) to promote the preservation, restoration, development, and propagation of Alabama’s natural resources, recreational facilities, environment, history, culture, transportation lanes, tourism, public safety, historic landmarks and buildings.
Ala. Code § 41-10-426 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-426
Section 41-10-426 Notes of the Authority
Status: in_force

The notes of the authority shall be executed by the manual or facsimile signature of either its president or its treasurer, as shall be provided in the resolution under which such securities shall be issued, and the seal of the authority or a facsimile thereof shall be affixed to any instruments so issued and attested by the manual or facsimile signature of its secretary; provided, that if such are executed entirely by facsimile, the notes shall be authenticated by the manual signature of the trustee, registrar, or paying agent if any. If, after any of the notes shall be so signed, whether manually or by facsimile, any such officer shall for any reason vacate his or her said office, the notes so signed may nevertheless be redeemed at any time thereafter as the act and deed of the authority.
Ala. Code § 41-14-54 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-54
Section 41-14-54 Terms of Linked Deposits
Status: in_force

(a) Only one linked deposit shall be made and be outstanding at any one time to any one eligible borrower.

(b) The linked deposit amount shall not exceed seven hundred fifty thousand dollars ($750,000) per eligible borrower.

(c) The initial linked deposit term shall be two years.

(d) The linked deposit may be renewed for three additional two-year terms at the option of the Treasurer for a total duration of eight years.

(e) The linked deposit may not be made in support of a loan for the purpose of construction, leasing, rental, real estate investment, other than for owner-occupied business premises of the borrower, or speculation.

(f) The linked deposit shall be returned to the Treasurer at the earliest of (1) repayment of the linked deposit loan; or (2) expiration of the linked deposit.

(g) All linked deposit funds and interest shall be electronically disbursed and received through the State Treasury.

(h) Linked deposit interest shall be paid to the Treasurer monthly.
Ala. Code § 41-4-304 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-304
Section 41-4-304 Commingling of Funds Proscribed
Status: in_force

There shall be no commingling of funds between various self-insured programs.
Ala. Code § 41-27-10 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-10
Section 41-27-10 Criminal History Background Checks on State Employees and Contractors Requested by State Department or Agency; Policies
Status: in_force

(a) Pursuant to the requirements of Public Law 92-544, the states may conduct a nationwide criminal history background check on state employees and contractors for the purpose of determining whether an employee or contractor who has access to federal tax information has been convicted of a crime that would warrant denying the employee or contractor access to the federal tax information. For the purposes of this section, federal tax information includes tax return or tax return information received directly from the Internal Revenue Service or obtained through an authorized secondary source. An authorized secondary source shall not include official court records maintained by the Alabama Administrative Office of Courts. A state department or agency shall require each applicant for a position of employment with the department or agency and all current employees and contractors of the department or agency who have access to federal tax information to (1) state in writing whether such applicant, employee, or contractor has ever been convicted of a crime or whether criminal charges are pending against such applicant, employee, or contractor and, if so, to identify the charges and court in which such charges are pending, and (2) be fingerprinted and submit to state and national criminal history records checks.

(b) State and national criminal history records checks shall be requested by the department or agency from the Alabama State Law Enforcement Agency (hereinafter ALEA) and shall be applicable to the individual identified in the request. The department or agency shall arrange for the fingerprinting of the individual or for conducting any other method of positive identification required by ALEA. The request shall also specify whether a national criminal history records check is requested by the Federal Bureau of Investigation on the specified individual in addition to a state criminal history records check. ALEA shall submit the fingerprints or other positive identifying information to the Federal Bureau of Investigation for a national criminal history records check when requested by a department or agency. The results of the state and national criminal history records checks shall be returned to the department or agency by ALEA.

(c) Any criminal history reports received by a department or agency from ALEA shall be marked confidential and shall not be disclosed or made available for public inspection. All criminal history reports received pursuant to this section are specifically excluded from any requirement of public disclosure as a public record.

(d) The Secretary of ALEA may charge fees to a department or agency for conducting state and national criminal history records checks.

(e) In conjunction with making criminal history records checks, each department or agency with access to federal tax information shall establish a policy in determining which criminal elements would result in preventing or removing an employee’s or contractor’s access to federal tax information in the hands of the department or agency.
Ala. Code § 41-9-205 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-205
Section 41-9-205 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) A-95. The process of evaluation, review, and coordination of federal and federally assisted programs and projects;

(2) A-102. The process of establishing uniform administrative requirements for programs that provide financial assistance through grant or contractual arrangements;

(3) GOVERNING BODY. The chief legislative body of a governmental unit;

(4) GOVERNMENTAL UNIT. Counties and municipalities;

(5) MUNICIPALITY. Cities, towns, villages, and other incorporated jurisdictions;

(6) REGION. All the geographical area contained within the aggregate territorial limits of all governmental units participating in regional planning and development commission as stipulated in Sections 41-9-181 through 41-9-183 and 41-9-200 through 41-9-201;

(7) REVIEW AND COMMENT. Review and comment of the Office of State Planning and Federal Programs as directly related to those federal programs covered under currently effective Office of Management and Budget (OMB) Circular A-95, A-102, and other appropriate OMB circulars.
Ala. Code § 41-15B-2.3 — Alabama Code / Title 41 / Chapter 15B / Section 41-15B-2.3
Section 41-15B-2.3 Appropriations or Allocations to State Board of Education
Status: in_force

Notwithstanding Section 41-15B-2.2, or any other provision of law, beginning with the appropriation from the Children First Trust Fund for the fiscal year ending September 30, 2006, and each fiscal year thereafter, the Legislature may, but shall not be required to, make appropriations or allocations to the State Board of Education from the Children First Trust Fund. If there is no appropriation or allocation made to the State Board of Education, any tobacco revenue in or received by the Children First Trust Fund which is allocated for the State Board of Education by Section 41-15B-2.2(b)(2), may be appropriated or allocated by the Legislature to any other entity or fund which receives appropriations or allocations pursuant to Section 41-15B-2.2.
Ala. Code § 41-10-83 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-83
Section 41-10-83 Application for Authority to Incorporate; Adoption by Governing Body of Resolution Authorizing Formation of Corporation
Status: in_force

In the event that any number of natural persons, not less than three, shall file with the governing body an application in writing for authority to incorporate a public corporation under the provisions of this article, and it shall be made to appear to the governing body that each of said persons is a duly qualified elector of and owner of property in the municipality and the governing body shall duly adopt a resolution declaring that it will be wise, expedient, and necessary or advisable that such corporation be formed and that the persons filing such application shall be authorized to proceed to form such corporation, then the said persons shall become the incorporators of and shall proceed to incorporate the corporation in the manner provided in this article. No corporation shall be formed under this article unless the application provided for in this section shall be made and unless the resolution provided for in this section shall be adopted.
Ala. Code § 41-4-202 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-202
Section 41-4-202 Chief of Legal Division - Chief Designated Assistant Attorney General; Oath; Duties
Status: in_force

The chief of the legal division shall be an assistant attorney general, shall take the oath required of other assistant attorneys general, shall be commissioned as an assistant attorney general, and shall, in addition to the duties and functions herein provided for, have the duties and functions of an assistant attorney general; except, that his or her entire time shall be devoted to the Department of Finance.
Ala. Code § 41-9-476 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-476
Section 41-9-476 Pledge of Revenues for Payment of Bonds
Status: in_force

Any general obligation bonds shall also be payable from and secured by a pledge of the revenues and income of the commission remaining after the payment of the reasonable and necessary expenses of operating and maintaining the facilities to be constructed by the commission.
Ala. Code § 41-10-506 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-506
Section 41-10-506 Disposition of Proceeds of Bonds
Status: in_force

(a) All proceeds derived from the sale of any bonds, except refunding bonds, sold by the authority, remaining after payment of the expenses of issuance thereof, shall be turned over to the State Treasurer, shall be carried by him or her in a special account to the credit of the authority, and shall be subject to be drawn on by the authority solely for the purposes of:

(1) Acquiring land for and constructing, reconstructing, and equipping thereon one or more facilities;

(2) Paying all reasonable and necessary expenses incidental thereto, including filing, recording, surveying, legal and engineering fees and expenses;

(3) Paying the interest which will accrue on the said bonds during the period required for the construction and equipment of the said facilities and for a period not exceeding six months after the completion thereof; and

(4) Paying the principal of and interest on all then outstanding notes theretofore issued by the authority pursuant to the provisions hereof.

The balance of the said proceeds thereafter remaining shall be set aside as additional security for the bonds or shall be used to pay, purchase, or redeem bonds as may be provided in the proceedings authorizing their issuance.

(b) All proceeds from the sale of refunding bonds issued by the authority that remain after paying the expenses of their issuance may be used only for the purpose of refunding the principal of and any unpaid and accrued interest on the outstanding bonds of the authority for the refunding of which the refunding bonds are authorized to be issued, together with any premium that may be necessary to be paid in order to redeem or retire such outstanding bonds.
Ala. Code § 41-17A-1 — Alabama Code / Title 41 / Chapter 17A / Section 41-17A-1
Section 41-17A-1 Legislative Findings
Status: in_force

(a) The Legislature of Alabama makes the following findings and statements:

(1) Energy use associated with the operation of state motor vehicle fleets exacerbates local air quality problems and results in greenhouse gas emissions that contribute to global climate change.

(2) Agencies and departments of state government have a significant role to play in improving local air quality and reducing greenhouse gas emissions by improving the energy efficiency of their fleets and reducing emissions from fleet operations.

(3) Improving the energy efficiency of state fleets will result in a significant monetary savings in the long term.

(b) The Legislature expresses its intent as follows:

(1) To express its power as a participant in the marketplace to ensure that purchases and expenditures of public monies are made in a manner consistent with the policies of improving local air quality, reducing Alabama’s water pollution of hazardous waste oil, reducing the state’s petroleum dependency, and reducing greenhouse gas emissions.

(2) To establish a green fleets policy in conjunction with establishing life cycle costing as a method of addressing the management, operation, and procurement of fleet vehicles under the control of the State of Alabama in order to improve the energy efficiency of its fleets and reduce emissions from its fleets.
Ala. Code § 41-23-100 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-100
Section 41-23-100 Establishment of Fund; Sources of Monies
Status: in_force

(a) The Neighbors Helping Neighbors Fund is established in the State Treasury to provide eligible recipients weatherization assistance.

(b) The monies in the fund shall consist of any of the following:

(1) Contributions from taxpayers received by the Department of Revenue and transferred to the fund.

(2) Appropriations from the Legislature.

(3) Donations from private sources.

(4) Interest earned on principal remaining in the fund.

(c) The monies in the fund shall not revert to the General Fund at the end of the fiscal year.
Ala. Code § 41-10-45.1 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-45.1
Section 41-10-45.1 Definitions
Status: in_force

The following words and phrases shall have the following meanings when used in this article:

(a) AUTHORITY. The State Industrial Development Authority, a public corporation of the state, organized and existing under Articles 2, 2A, and 2B of this Chapter.

(b) DEPARTMENT. The Alabama Department of Commerce.

(c) ELIGIBLE BORROWER. A municipality, county, industrial development authority organized under Chapter 92A of Title 11, industrial development board organized under Article 4, Chapter 54 of Title 11, or nonprofit organization organized to foster economic development and described in Section 501(c) of the Internal Revenue Code of 1986, as in effect from time to time.

(d) ELIGIBLE EXPENSES. Expenses relating to land acquisition, site preparation or development, building improvements, building construction, building renovations, infrastructure, and any other real or personal property deemed necessary or useful in connection therewith.

(e) ELIGIBLE PROJECT. A project located in a targeted county that, when completed, will provide employment opportunities within one or more targeted counties. An eligible project shall be the subject of a project agreement, abatement agreement, or similar agreement between the company and the state or an eligible borrower.

(f) FUND. The Accelerate Alabama Fund.

(g) MAXIMUM LOAN AMOUNT. For any project anticipated to create more than 25 new jobs, $2,000,000, and in all other cases, $1,000,000.

(h) PROJECT OBLIGATIONS. The meaning in Section 41-10-44.2(8).

(i) QUALIFYING BORROWER. An eligible borrower selected by the authority to receive a loan.

(j) QUALIFYING EXPENSES. The eligible expenses permitted to be financed by the loan pursuant to the targeted county financing agreement.

(k) QUALIFYING PROJECT. An eligible project selected by the authority to receive a loan from the fund to finance its qualifying expenses.

(l) TARGETED COUNTY. Any Alabama county that is described by Section 40-18-376.1(a).

(m) TARGETED COUNTY FINANCING AGREEMENT. Any agreement entered into between the authority and a qualifying borrower pertaining to a loan from the fund including, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. A targeted county financing agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of the qualifying project and other provisions as the authority may determine.
Ala. Code § 41-9-781 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-781
Section 41-9-781 Membership; Chair; Meetings; Executive Committee; Bonded Indebtedness
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 § 41-10-881 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-881
Section 41-10-881 Definitions
Status: in_force

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

(1) BOARD. The governing board of the corporation.

(2) CORPORATION. The Alabama Growth Alliance created by this article as a public corporation having a legal existence separate and apart from the state and any county, municipality, or political subdivision.

(3) ECONOMIC DEVELOPMENT ENTITY.

a. A nonprofit corporation that possesses all of the following characteristics:

1. Is organized as a nonprofit corporation exempt from federal income tax under 26 U.S.C. § 501(c).

2. Has a record of, or can demonstrate that it is capable of, serving the entire state on matters involving economic development.

3. Has a record of, or can demonstrate that it is capable of, developing, fostering, and implementing economic development policies and strategies across Alabama.

4. Has received, or is eligible to receive, grant funding from the state or from federal or private sources.

b. In determining whether a nonprofit corporation qualifies as an economic development entity, the board may attribute to the nonprofit corporation the experiences of its officers, staff, and directors with other nonprofit corporations.
Ala. Code § 41-23-51 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-51
Section 41-23-51 Regional Revolving Loan Policy Committee; Duties; Membership; Length of Terms; Meetings
Status: in_force

The moneys appropriated to the Alabama Department of Economic and Community Affairs under the provisions of Section 41-23-50 shall be used to create and establish economic development revolving loan funds throughout this state, pursuant to rules hereunder and approved by the Regional Revolving Loan Policy Committee. This committee shall be established for purposes of reviewing and approving policies and procedures, and to provide general oversight for this program. This committee shall be composed of the following members: the Director of the Alabama Department of Economic and Community Affairs, the Director of the Alabama Department of Commerce, two members of the Senate appointed by the Lieutenant Governor, the Chairperson of the Senate Economic Affairs Committee, two members of the House appointed by the Speaker of the House, the Chairperson of the House Commerce and Industrial Development Committee, and four members appointed by the Governor. The executive directors from the regional planning commissions shall serve as ex officio, nonvoting members of the Regional Revolving Loan Policy Committee. The terms of the legislative members and the Alabama Department of Commerce Secretary and the Alabama Department of Economic and Community Affairs Director shall run concurrent with the four-year term of the Governor. The initial members appointed by the Governor shall serve staggered terms of one, two, three, and four years. The length of the terms for the Governor’s appointees, except for the original appointees, shall be four years. Vacancies shall be filled by the same method of appointment. The Director of the Alabama Department of Economic and Community Affairs shall call an organizational meeting for such committee no later than 30 days after April 25, 1990. At such meeting, such committee shall select from its membership a chairperson and a vice-chairperson. Thereafter, such committee shall likewise reorganize itself at its first meeting of each new legislative quadrennium. Such committee shall meet at least four times per year on call of its chairperson. All members of the Regional Revolving Loan Policy Committee shall serve without compensation except legislative members who shall be entitled to their regular legislative compensation for attendance in committee meetings. The Alabama Department of Economic and Community Affairs shall promulgate and implement administrative rules, regulations, and procedures for the allocation of the appropriated General Fund moneys.
Ala. Code § 41-10-26 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-26
Section 41-10-26 Powers of Authority Generally
Status: in_force

The authority shall have the following powers:

(1) To have succession by its corporate name until dissolved as provided in this article;

(2) To institute and defend legal proceedings in any court of competent jurisdiction and proper venue; provided, that the authority may not be sued in any trial court other than the courts of the county in which is located the principal office of the authority; 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 trial 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 anticipate by the issuance of its bonds the receipt of the revenues appropriated and pledged in this article;

(6) To pledge the proceeds of the appropriations and pledges provided for in this article as security for the payment of the principal of and interest on its bonds;

(7) To make surveys to determine suitable locations in the state for prospective industries;

(8) To make surveys to determine the availability of labor in various parts of the state and to classify such labor in terms of skills and educational levels;

(9) To assist counties, municipalities, local industrial development boards organized as public corporations in the state, or airport authorities organized as public corporations in this state pursuant to Chapter 3 of Title 4, or whether created by general, special or local law, or general acts of local application, if such authority governs an airport operated by a county and at least one municipality therein jointly, in the survey and analysis of their industrial resources and needs;

(10) To make grants of money to counties, municipalities, and local industrial development boards organized as public corporations in the state, or airport authorities organized as public corporations in this state pursuant to Chapter 3 of Title 4, or whether created by general, special or local law, or general acts of local application if such authority governs an airport operated by a county and at least one municipality therein jointly, for the purposes and subject to the terms and conditions set forth in Section 41-10-27; and

(11) To appoint and employ such attorneys and agents as the authority may require for the carrying out of its corporate purposes and the exercise of the foregoing powers.
Ala. Code § 41-9-722 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-722
Section 41-9-722 Legislative Appropriations, Contributions, Etc.; Exempt from Taxation
Status: in_force

The board may receive and expend legislative appropriations as provided by law, and may submit, receive and expend contributions of money and property. All gifts to, and property, funds, income, and activities of the board shall be exempt from taxation.
Ala. Code § 41-10-462 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-462
Section 41-10-462 Bonds of Authority
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, payable and evidenced in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, 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. Each bond of the authority having a specified maturity date more than 10 years after its date shall be made subject to redemption at the option of the authority at the end of the 10th year after its date, and on any interest payment date thereafter, under such terms and conditions and at such premiums, if any, as may be provided in the resolution under which such bond is authorized to be issued. The authority may pay out of the proceeds of the sale of its bonds all expenses, including fees and disbursements of attorneys, accountants, fiscal agents, financial advisors and other consultants, fees and disbursements of trustees, escrow agents, registrars, paying agents, transfer agents, depositories for safekeeping, authenticating agents, agents for the delivery and payment of bonds, fees and commissions of bond insurers and credit enhancers, printing costs and other customary bond issuance expenses. Bonds issued by the authority shall not be general obligations of the authority but shall be payable solely out of the funds referred to in Section 41-10-471. In the event the authority shall make more than one pledge of the same revenues, such pledges shall 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. Neither a public hearing nor consent of the state Department of Finance or any other department or agency of the state shall be a prerequisite to the issuance of bonds by the authority.
Ala. Code § 41-16A-2 — Alabama Code / Title 41 / Chapter 16A / Section 41-16A-2
Section 41-16A-2 Legislative Intent
Status: in_force

It is hereby found and declared by the Legislature of Alabama that it is in the public interest that the state, political subdivisions, agencies, boards, commissions, and departments thereof, the various counties of the state, the various municipal corporations within the state, county boards of education, city boards of education, instrumentalities of any of the foregoing, and public corporations arising under or organized pursuant to any statute of the state shall have the flexibility to finance the acquisition, installation, equipping, and/or improvement of any eligible property that such governmental entity otherwise is legally authorized to acquire through the use of lease, lease-purchase, and/or installment-purchase financing. It is the intention of the Legislature by passage of this chapter that wherever, either by express grant or by implication, a governmental entity has the power and authority to acquire any eligible property by purchase, lease, lease-purchase, bailment, or otherwise, such governmental entity shall have the power and authority to acquire such eligible property through the use of any lease, lease-purchase, lease with option to purchase, installment-sale agreement or arrangement, or similar agreement or arrangement authorized by this chapter. Furthermore, it is the intention of the Legislature by passage of this chapter to authorize each such governmental entity, in its discretion, to enter into lease, lease-purchase, and/or installment-purchase contracts and arrangements, on such terms and containing such conditions, stipulations, and requirements as such governmental entity shall believe necessary in order to obtain such lease, lease-purchase, and/or installment-sale financing or as may be mandated by this chapter. This chapter shall be construed liberally in conformity with the intention stated in the foregoing provisions of this section.
Ala. Code § 41-9-965 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-965
Section 41-9-965 Tuskegee Airmen Fund; Establishment; Composition; Authorized Uses
Status: in_force

The commission shall establish and maintain at a lawful depository in the State of Alabama a Tuskegee Airmen Fund composed of money which may come from admissions, inspection fees, gifts, donations, grants, bequests, loans, bond issues, governmental appropriations, or other sources, either public or private. Funds shall be used by the commission to pay the costs of operating, creating, establishing, enlarging, maintaining, and operating the state museum for the purposes set forth in this article and the servicing, retirement, or amortization of any bonds or other evidences of indebtedness issued by the commission.
Ala. Code § 41-25-2 — Alabama Code / Title 41 / Chapter 25 / Section 41-25-2
Section 41-25-2 Members - Composition; Service
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 § 41-6-14 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-14
Section 41-6-14 Statistical Register
Status: in_force

(a) An official and statistical register of the State of Alabama shall be compiled every two years by the director to contain:

(1) Brief sketches of the several state officials, the members of Congress from Alabama, the Supreme Court judges and the members of the Senate and House of Representatives of the State of Alabama;

(2) Rosters of all state and county officials;

(3) Lists of all state institutions with officials;

(4) State and county population and election statistics; and

(5) Miscellaneous statistics.

(b) Said register shall be published in an edition of 1,000 copies for free distribution, the printing and binding to be paid for as other printing and binding.
Ala. Code § 41-10-98 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-98
Section 41-10-98 Proceeds of Bonds Not to Be Used for Payment of Fees, Commissions, Etc., for Services in Sale, Issuance, Execution, Etc., of Bonds; Maximum Amount Payable to Attorneys for Services Rendered
Status: in_force

No part of any of the proceeds of the bonds provided for herein shall be used for the payment of fees, commission, expense, salary, or other remuneration to any fiscal agent, person, firm, or corporation for services in the sale, issuance, execution or refunding of the bonds provided for in this article, and the total attorneys’ fees which may be paid for services rendered to the authority shall not exceed one half of one percent of the face amount of the bonds issued under the provisions of this article.
Ala. Code § 41-9-416 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-416
Section 41-9-416 Administration of Funds; Records; Office Space and Equipment
Status: in_force

(a) The commission shall administer funds allocated for its work and be authorized to accept, disburse, and allocate any funds that may become available from other governmental and private sources, provided that all such funds shall be disbursed or allocated in compliance with any specific designation stated by the donor. In the absence of such specific designation, the funds shall be disbursed or allocated to projects related to any of the purposes of the commission.

(b) The commission may impose user fees on participants in its programs, services, or activities. Fees shall not exceed the reasonable cost of administering the programs, services, or activities. The commission or the executive director may waive the user fee if the waiver would promote the purpose of the commission or if the participant is unable to pay the user fee.

(c) All user fees collected, sponsorships, direct appropriations, and other funds received shall be deposited into a special fund in the State Treasury to be known as the Women’s Commission Fund. The commission may make deposits and expenditures from such special fund to administer and implement the purposes of this article, including, but not limited to, expenditures for expenses, meals and receptions, awards, and promotional items. All revenue remaining in the special fund at the end of the fiscal year shall carry over to the next fiscal year and shall not revert to the State General Fund or any other fund. Such funds shall be appropriated, budgeted, and allotted in accordance with Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts stipulated in general appropriations bills and other appropriations bills.

(d) All contributions and gifts of money and property made to the commission shall be exempt from all taxation in the state. All real and personal property, money, income, resources, and activities of the commission shall be exempt from all taxation in the state.

(e) The commission may award research grants in accordance with state law and subject to budget appropriations.

(f) The commission shall maintain accurate records and books of account covering revenue and expenditures, which shall be subject to audit by the Department of Examiners of Public Accounts.

(g) The commission shall be provided with office space and necessary office equipment.
Ala. Code § 41-9-598 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-598
Section 41-9-598 Appeals from Rules and Policies Adopted by Commission
Status: in_force

The process for appeals by an individual or governmental body of any rules and policies adopted by the commission shall first be to the commission. The appellant may present his or her argument at a regular meeting of the commission requesting the alteration or suggesting the nonapplicability of a particular rule or policy. If the appellant is not satisfied by the action of the commission, then an appeal may be made to the circuit court in Montgomery County.
Ala. Code § 41-29-226 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-226
Section 41-29-226 Toll-Free Telephone Number Authorized
Status: in_force

For the purpose of implementing the provisions of this division, the office shall establish a toll-free telephone number.
Ala. Code § 41-6-72 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-72
Section 41-6-72 Property on Loan to Department
Status: in_force

(a) Property on loan to the department, subject to a loan agreement, shall be deemed to be donated to the department if no claim is made or action filed to recover the property after termination or expiration of the loan, and if the department has given notice pursuant to Section 41-6-74 and no assertion of title has been filed within 90 days from the date of the second published notice.

(b) The department may terminate a loan of property if the property was loaned to the department for an indefinite term and the property has been held by the department for five years or more. Property on “permanent loan” shall be deemed to be loaned for an indefinite term.

(c) If property was loaned to the department for a specified term, the department may give notice of termination of the loan at any time after expiration of the specified term.

(d) When the department accepts a loan of property, the department shall inform the owner in writing of the requirements of this article.

(e) It is the responsibility of the owner to notify the department promptly in writing of any change of address or change in ownership of the property.

(f) When a loan expires, the department shall make every effort, using the last known address of the owner, to locate the owner or the owner’s heirs. The department shall document all efforts to locate the owner.
Ala. Code § 41-21-8 — Alabama Code / Title 41 / Chapter 21 / Section 41-21-8
Section 41-21-8 Appropriation
Status: in_force

There is hereby appropriated, out of the moneys in the State Treasury not otherwise appropriated, such amounts of money as are, or may be, necessary to carry out the provisions of this chapter relating to the distribution of the sets of said code to the several state and county officers, agents, and employees.
Ala. Code § 41-10-27 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-27
Section 41-10-27 Issuance and Sale of Bonds for Purpose of Making Grants for Certain Purposes Authorized; Terms and Conditions
Status: in_force

(a) The authority is hereby authorized from time to time to sell and issue its bonds, not exceeding $2,600,000.00 in aggregate principal amount, for the purpose of making the grants of money authorized in Section 41-10-26. The grantees may use the grants authorized in that section for any of the following purposes:

(1) The making of surveys to determine the location of suitable industrial sites in the locality of the grantee.

(2) The making of surveys to determine the availability of labor in the locality of the grantee and to classify such labor in terms of skills and educational level.

(3) The preparation of industrial sites.

(4) Any combination of any of the foregoing which the grantees consider appropriate and necessary for the promotion of industrial development in their respective localities.

(b) Every grant of money made by the authority pursuant to Section 41-10-26 shall be made subject to the following terms and conditions, which are hereby declared to be legally enforceable in any court of competent jurisdiction:

(1) No part of any such grant or grants shall be used with respect to the preparation of industrial sites in excess of one and one-half percent of the amount that it is anticipated will be spent for the construction and equipment of the facilities that will occupy the industrial sites as such anticipated amount shall be certified to the authority by the architect or engineer for the facilities to be constructed and equipped or by the chief executive officer of the grantee.

(2) The authority shall have power to audit the disbursements by the grantee from such grant or grants.

(3) Any other appropriate terms and conditions to facilitate the enforcement of the foregoing provisions of this subsection.
Ala. Code § 41-6-73 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-73
Section 41-6-73 Abandoned Property
Status: in_force

Any undocumented property that has been held by the department for five years or more and has remained unclaimed shall be deemed to be abandoned. The undocumented property shall become the property of the department if the department has given notice pursuant to Section 41-6-74 and no assertion of title has been filed for the property within 90 days from the date of the second published notice.
Ala. Code § 41-9-680 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-680
Section 41-9-680 Creation; Membership; Appointment, Qualifications, Terms and Compensation of Members; Officers; Meetings; Quorum
Status: in_force

There shall be created and established as herein provided a board to be designated and known as the Alabama Music Hall of Fame Board. The board shall be composed of seven members, who shall be appointed by the Governor of Alabama for terms of six years each; provided, that of the first members appointed under any restructured board, two shall serve for two years and two shall serve for four years, as the Governor may direct. Four board members shall be appointed from the membership of the Muscle Shoals Music Association and three board members shall be appointed from the state at large and shall not be employed in the music business. The members of the board shall select a chair and vice-chair from among their own number. Members of the board shall not be compensated for their services, but each member shall be entitled to reimbursement for expenses incurred in attending board meetings. The board shall meet quarterly and at such other times as its rules and bylaws may prescribe. A majority of the members shall constitute a quorum for transaction of business.
Ala. Code § 41-10-276 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-276
Section 41-10-276 Investment of Proceeds from Sale of Bonds; Disposition of Investment Income
Status: in_force

Any portion of the principal proceeds derived from the sale of the bonds which the board of directors 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 § 41-23-212 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-212
Section 41-23-212 Definitions
Status: in_force

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

(1) ADECA. The Alabama Department of Economic and Community Affairs.

(2) END USER. A residential, business, institutional, or government entity that uses broadband services for its own purposes and does not resell the broadband services to other entities. An Internet service provider (ISP) and mobile wireless service provider are not an end user for the purposes of Sections 41-23-212, 41-23-213, and 41-23-214.

(3) MIDDLE MILE PROJECT. A broadband infrastructure project that does not provide broadband service to end users or to end-user devices.

(4) MINIMUM SERVICE THRESHOLD. A connection to the Internet that provides capacity for transmission at an average speed per customer of at least 100 megabits (100 Mbps) per second downstream and at least 20 megabits (20 Mbps) per second upstream.

(5) RURAL AREA. Any area within this state not included within the boundaries of any incorporated city or town having a population in excess of 25,000 inhabitants, according to the last federal census.

(6) UNSERVED AREA. Any rural area in which there is not at least one provider of terrestrial broadband service that is either: (1) offering a connection to the Internet meeting the minimum service threshold; or (2) required under the terms of another state or federal grant to provide a connection to the Internet at speeds meeting the minimum service threshold within the same or similar timeframe of projects of similar complexity or scale awarded during each grant cycle.
Ala. Code § 41-10-47.05 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-47.05
Section 41-10-47.05 Alabama Site Development Fund
Status: in_force

(a) For the benefit of the state and the residents of the state, there is created an irrevocable fund named the Alabama Site Development Fund, which shall be funded from all of the following sources:

(1) Proceeds of any gifts, grants, or contributions.

(2) Revenue sources as directed by, and at the discretion of, the Legislature.

(3) Appropriations as directed by, and at the discretion of, the Legislature.

(4) Investment income.

(5) Federal grants relating to site-based development initiatives which the authority finds will have the effect of advancing economic development in Alabama.

(6) Any other lawful sources.

(b) The funds shall be administered in accordance with this article. All revenues received by the fund shall be deposited in the fund upon receipt and may be invested by the board and withdrawn and expended by the authority for the purposes of this article in a manner consistent with the powers granted to the authority by this article.

(c) The fund shall be under the management and control of the board, and all powers necessary or appropriate for the management and control of the fund shall be vested solely in the board. The authority may make whatever representations and covenants it finds reasonable or necessary for federal grant applications and agreements, and it may take whatever actions it deems reasonable or necessary to implement such grants.
Ala. Code § 41-9-546 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-546
Section 41-9-546 Availability for Tours and Events
Status: in_force

The authority shall make the Governor’s Mansion Complex, most notably the Governor’s Mansion, available to the public for tours and other such events on a regular basis, creating a schedule with the advice of the Governor and First Family that accommodates and conforms to the sitting First Family’s schedule and needs. The private living quarters of the Governor and First Family shall not be available for tours and events except on the consent of and terms of the Governor.
Ala. Code § 41-6-70 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-70
Section 41-6-70 Definitions
Status: in_force

For purposes of Sections 41-6-71 through 41-6-77, inclusive, the following terms shall have the following meanings:

(1) BOARD. The Board of Trustees of the Department of Archives and History.

(2) DE-ACCESSION. To remove from the collection of the Department of Archives and History.

(3) DEPARTMENT. The Department of Archives and History.

(4) DIRECTOR. The Director of the Department of Archives and History.

(5) LOAN. A deposit of property not accompanied by transfer of title to the property.

(6) PROPERTY. Includes all books, materials, documents, and tangible objects in the possession of the Department of Archives and History.

(7) UNDOCUMENTED PROPERTY. Property in the possession of the Department of Archives and History for which the department cannot determine by reference to the department’s records the property’s owner.
Ala. Code § 41-10-547 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-547
Section 41-10-547 Bonds of the Authority
Status: in_force

(a) The authority is authorized from time to time to sell and issue its bonds for the purpose of financing project costs pertaining to one or more projects or for the purpose of providing funds to pay training facility management fees, or any combination of the foregoing including, without limitation, in the case of authority obligations issued for the purpose of providing funds to pay training facility management fees, costs, expenses, and other items of the type described in paragraphs g., h., i., and j. of the definition of project costs in Section 41-10-541 or to enter into guaranty agreements wherein the authority guarantees payment, in whole or in part, of debt service referable to obligations issued by development agencies for the purpose of financing project costs pertaining to one or more projects; provided, however, that the principal amount of authority obligations shall not exceed three hundred million dollars ($300,000,000). For purposes of determining compliance with this section and Section 41-10-550, (i) the principal amount of authority guaranties outstanding shall be determined on the basis of the outstanding principal of the authority-guaranteed obligations to which such authority guaranties relate, (ii) bonds of the authority (or, in the case of authority guaranties, the authority-guaranteed obligations to which such authority guaranties relate), the payment of debt service referable to which at and prior to their respective stated maturities is fully provided for by an irrevocable escrow consisting solely of cash and direct obligations of the United States, shall not be deemed to be outstanding, and (iii) in the case of bonds of the authority or authority-guaranteed obligations with respect to which interest is not payable on a current basis (generally referred to as “capital appreciation bonds”), the principal amount outstanding shall be computed on the basis of their original principal amount and not on the basis of their accreted value. The authorization granted in the first sentence of this section shall include, but shall not be limited to, (1) the power to issue authority obligations related to financing project costs with respect to projects that are under construction on the date of issuance of such obligations and (2) the power to fund training facility management fees in advance of their incurrence and for such period as the directors deem appropriate based upon estimates furnished to the authority.

(b) The bonds of the authority shall be signed by its president and attested by its secretary and the seal of the authority shall be affixed. A facsimile of the signature of one or both of the officers may be printed or otherwise reproduced on any such bonds in lieu of being manually subscribed thereon and a facsimile of the seal of the authority may be printed or otherwise reproduced on any of the bonds in lieu of being manually affixed thereto. Any bonds of the authority may be executed and delivered by it at any time and from time to time, and shall be in the form and denominations and of such tenor and maturities, shall bear such rate or rates of interest, shall be payable at such times and evidenced in such manner, may be made subject to redemption at the option of the authority at such times and after such notice and on such conditions and at such redemption price or prices, and may contain such other provisions not inconsistent herewith, all as may be provided by the resolution of the directors of the authority under which the bonds are authorized to be issued. Bonds of the authority may be sold at public or private sale from time to time as the directors may consider advantageous.

(c) Subject to the provisions and limitations contained in this division, the authority may from time to time sell and issue refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority or authority-guaranteed obligations then outstanding. The authority may pay out of the proceeds of the sale of refunding bonds such fees and the expenses of issuance which the said directors may deem necessary and advantageous in connection with the issuance of the refunding bonds; provided, however, that no refunding bonds shall be issued unless the present value of all debt service on the refunding bonds (computed with a discount rate equal to the true interest rate of the refunding bonds and taking into account all underwriting discount and other issuance expenses) shall not be greater than 95% of the present value of all debt service on the bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such bonds) determined as if such bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as a scheduled maturity) provided at the time of their issuance.

(d) Authority obligations shall not be general obligations of the authority but shall be payable solely from one or more of the following sources: (1) appropriated funds; (2) the revenues and receipts of the authority derived from any financing agreement entered into by the authority with respect to the project or projects financed by such authority obligations; (3) the income or proceeds realized by the authority under any mortgage or other security granted to the authority; (4) amounts derived from any letter of credit, insurance policy or other form of credit enhancement applicable to the authority obligations; (5) any reserve or other fund established for such purpose by the authority; (6) any earnings on the proceeds of authority obligations invested by the authority pending their disbursement; and (7) any other amounts that may hereafter be appropriated to the authority. As security for the payment of the debt service referable to bonds issued by it and of its obligations under authority guaranties, the authority is authorized and empowered to pledge for payment of such debt service and such obligations appropriated funds and other moneys and funds from which such authority obligations are made payable. All contracts made and all authority obligations issued or incurred by the authority pursuant to this division shall be solely and exclusively obligations of the authority and shall not constitute or create an obligation or debt of the state. Bonds issued by the authority shall be construed to be negotiable instruments, although payable solely from a specified source, as provided herein. The proceedings of the directors under which any authority 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 appropriated funds, revenues, and receipts subject to such mortgage and deed of trust or trust indenture, the creation and maintenance of special funds from such appropriated funds, revenues, and receipts, the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit of whom the instrument is made and the rights and remedies available in the event of default, all as the directors shall deem advisable. Any pledge made with respect to authority obligations shall be valid and binding from the time such pledge is made; the appropriated funds, 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 pledge shall be valid and binding as against all parties having claims of any kind against the authority irrespective of whether the parties have notice thereof. Neither the proceedings of the directors authorizing the authority obligations nor any other instrument by which a pledge is created need be recorded. Each pledge, agreement, mortgage, and deed of trust or trust indenture made for the benefit or security of any of the authority obligations of the authority shall continue effective until the authority obligations have been fully paid or satisfied.

(e) Any bonds of the authority and any authority guaranteed obligations may be used by the holder as security for any funds belonging to the state, or to any political subdivision, instrumentality, or agency of the state, in any instance where security for the deposits may be required by law. Unless otherwise directed by the court having jurisdiction, or the document that is the source of authority, a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust funds in bonds of the authority and authority-guaranteed obligations. Neither a public hearing nor consent of the Department of Finance or any other department or agency shall be a prerequisite to the issuance of bonds by the authority. Bonds of the authority and authority-guaranteed obligations shall be legal investments for funds of the Teachers’ Retirement System of Alabama, the Employees’ Retirement System of Alabama, and the State Insurance Fund.

(f) The State Treasurer shall be registrar, transfer agent, and paying agent for the bonds. The State Treasurer may designate named individuals who are employees of the state and who are assigned to the State Treasurer’s office to authenticate the bonds.
Ala. Code § 41-24-5 — Alabama Code / Title 41 / Chapter 24 / Section 41-24-5
Section 41-24-5 Criteria Used to Evaluate Grant Proposals
Status: in_force

The heads of grant making agencies shall evaluate grant proposals based on the relevance of such proposals to the purposes for which such grants shall be made, as stated in Section 41-24-3; the extent to which such grant proposal advances the program objective(s) of the grant-making agency, the ability of the grant recipient to fulfill the objectives of the grant proposal, the extent to which the grant proposal can benefit the greatest number of citizens, without persistently excluding any geographic regions of the state. All of the above information may be ascertained by appropriate measures, which shall include interviews, public hearings, and recommendations by members of the Legislature.
Ala. Code § 41-27-2.1 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-2.1
Section 41-27-2.1 Secretary - Appointment of Designee to Perform as Homeland Security Advisor
Status: in_force

The Secretary of the Alabama Law Enforcement Agency may appoint a designee as the Homeland Security Advisor under subsection (d) of Section 41-27-2.

The Secretary of the Alabama Law Enforcement Agency shall consider the racial, gender, geographic, urban/rural, and economic diversity of the state when appointing the designee.
Ala. Code § 41-23-176 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-176
Section 41-23-176 Per Diem and Travel Expenses for Members of Authority
Status: in_force

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. Per diem and travel expenses for members who are state officers or employees shall be paid from the budget of the Alabama Department of Economic and Community Affairs.
Ala. Code § 41-23-80 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-80
Section 41-23-80 Legislative Findings
Status: reserved

REPEALED BY ACT 2024-443, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 41-10-84 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-84
Section 41-10-84 Contents of Certificate of Incorporation Generally; Adoption of Resolution by Governing Body Approving Form and Contents of Certificate of Incorporation
Status: in_force

(a) The certificate of incorporation of the corporation shall state:

(1) The names of the persons forming the corporation, together with the residence of each thereof and a statement that each of them is a duly qualified elector of and owner of property in the municipality;

(2) The name of the corporation (which shall be “the state products mart (coliseum) authority located in _____ County” or some other name of similar import which is available for use);

(3) The location of its principal office, which shall be in the municipality;

(4) The purposes for which the corporation is proposed to be organized;

(5) The number of directors, which shall be not less than three nor more than five, subject, however, to mandatory increase as provided in this article; and

(6) Any other matter relating to the corporation which the incorporators may choose to insert and which is not inconsistent with this chapter or with the laws of the state.

(b) The form and contents of the certificate of incorporation must be submitted to the governing body for its approval. Any approval of such certificate by the governing body shall be evidenced by resolution duly entered upon the minutes of the governing body.
Ala. Code § 41-28-14 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-14
Section 41-28-14 Additional Contract Requirements
Status: in_force

The office may enter into contracts for the lease of telecommunications, information technology, or cybersecurity equipment, systems, or related services. The contract shall be valid for not more than five fiscal years, and the office may directly contract for or approve contracts for regulated or tariffed telecommunications, information technology, or cybersecurity services upon a determination that the application of the service is in the best interests of the state.
Ala. Code § 41-10-629 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-629
Section 41-10-629 Alabama 21st Century Fund
Status: in_force

(a) For the benefit of the State of Alabama and the residents thereof, there is hereby created a special fund named the “Alabama 21st Century Fund” which shall be funded with tobacco revenues and administered in accordance with this division. The following amounts shall be retained in the special fund in the following fiscal years and shall be used to pay principal, interest, and premium, if any, due on bonds issued by the authority:

Fiscal Year

Amount to be Retained

2018 and thereafter

$16,000,000

(b) Pending the use of revenues in the special fund for the payment of debt service on the bonds, such revenues shall be invested by the State Treasurer in permitted investments until such revenues are needed for such purposes. Earnings on such permitted investments shall remain a part of the special fund. If amounts in the special fund are no longer needed to pay obligations of the Alabama 21st Century Authority, the authority must maintain no less than 1.3 times the maximum annual debt service payable on all authority obligations. Amounts in the fund in excess thereof shall be used by the State Industrial Development Authority for any of the Alabama Energy Infrastructure Bank’s authorized purposes.

(c) For the fiscal year ending September 30, 2025, fifty million dollars ($50,000,000) shall be transferred from the Alabama 21st Century Fund to the Alabama Energy Infrastructure Bank, which shall prioritize support for the Strategic Energy Infrastructure Development Fund, and may also use the funds for any of its authorized purposes.

(d) For the fiscal year ending September 30, 2025, ten million dollars ($10,000,000) shall be transferred from the Alabama 21st Century Fund to the Alabama Incentives Financing Authority to pay for project and project costs as defined in Section 41-10-541.

(e) For the fiscal year ending September 30, 2025, five million dollars ($5,000,000) shall be transferred from the Alabama 21st Century Fund to the Alabama Department of Commerce for the establishment of international offices, enhancement of rural development strategies, and to cover operational and personnel costs.
Ala. Code § 41-9-960 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-960
Section 41-9-960 Accounting; Auditing; Reserve Fund
Status: in_force

(a) The commission shall maintain books of accounts covering revenues derived by it from all sources, together with accounts of all expenses incurred in connection with the carrying out by the commission of its purposes as established under the terms of this article. Records and books shall be available for audit at any time by the Department of Examiners of Public Accounts or the commission may obtain the services of a certified public accountant which shall make annual audits which shall be in lieu of audits by the Department of Examiners of Public Accounts and are filed with the Department of Examiners of Public Accounts and opened for public inspection.

(b) The commission shall establish a reserve fund for special contingencies and emergencies over and beyond those occurring in the normal course of routine maintenance and operation and may authorize the deposit of this reserve fund in any lawful depository or depositories.
Ala. Code § 41-29-224 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-224
Section 41-29-224 Information Required of State Agencies Requiring Regulatory Approval, Etc
Status: in_force

Each state agency which requires a permit, license, or other regulatory approval or maintains standards or criteria with which an activity or facility must comply shall inform the office of the following:

(1) The activity or facility that is subject to regulation.

(2) The existence of any threshold levels which would exempt the activity or facility from regulation.

(3) The nature of the regulatory program.

(4) The amount of any fees.

(5) How to apply for any permits or regulatory approvals.

(6) A brief statement of the purpose of requiring the permit or regulatory approval or requiring compliance with the standards or criteria.
Ala. Code § 41-9-244 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-244
Section 41-9-244 Members to Serve Without Pay; Expenses
Status: in_force

No member of the commission shall receive any pay or emolument other than his or her expenses incurred in the discharge of his or her duties as a member of the commission which expenses shall be paid in the amounts provided for in Article 2 of Chapter 7 of Title 36 of this code. All such expenses are to be paid from the funds of the commission.
Ala. Code § 41-9-941 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-941
Section 41-9-941 Declaration of Findings
Status: in_force

The Legislature hereby finds as follows:

(1) The state and federal governments are facing unprecedented demands for government services in a time of proration, national deficit spending, increasing national debt, a highly competitive world economy, and the increasing disillusionment on the part of the public with the ability of the governments to adequately meet the needs.

(2) Citizens want their governments, state and federal, to be more responsive to their needs, by operating at a more personal level with greater efficiency, higher performance, and lower cost.

(3) Total Quality, a structured management approach first used in private industry, has proven to increase profitability and marketshare, decrease costs, increase employee satisfaction, and decrease employee turnover.

(4) Early efforts to implement Total Quality within the federal government have produced favorable results; in fact, it is believed that Total Quality offers one of the greatest hopes for improving government services, managing the diverse demands of Alabama’s government, and optimizing the results of state tax dollar expenditures.

(5) The application of Total Quality principles to Alabama government must begin with educating state government officials about Total Quality; there has been no established legislative group to educate the full Legislature and the service and regulatory departments of state government about the principles and application of Total Quality.

(6) There is a need for a legislative commission to examine Total Quality and its applications to state government.
Ala. Code § 41-16-74 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-74
Section 41-16-74 Purchase from Vendors with Gsa Contracts; Purchase of Utilities
Status: reserved

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

All goods and services purchased under the provisions of this article must be competitively bid or procured as provided for in this article. However, goods and services may be purchased from vendors that have been awarded a current and valid GSA contract. Prices paid for such goods and services may not exceed the lowest competitively bid price for these goods or services. In contracting for the purchase of utilities, the Director of Finance may not purchase services if the price exceeds the price in an existing state contract. The Director of Finance may require any additional terms and conditions determined to be necessary.
Ala. Code § 41-7A-22 — Alabama Code / Title 41 / Chapter 7A / Section 41-7A-22
Section 41-7A-22 Procedure and Qualification Standards for Approval of Film Project Applications
Status: reserved

Repealed by Act 2009-144, p. 268, §12, effective January 1, 2009.
Ala. Code § 41-9-542 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-542
Section 41-9-542 Composition
Status: in_force

(a) The authority shall be composed of the following members or their designees:

(1) The Director of the Alabama Department of Archives and History.

(2) The Director of the Division of Construction Management of the Department of Finance.

(3) The Director of Finance of the State of Alabama.

(4) The Executive Director of the Alabama Historical Commission.

(5) The senior collections curator of the Alabama Department of Archives and History.

(6) The chief architectural historian of the Alabama Historical Commission.

(7) The President of the Alabama Trust for Historic Preservation.

(8) The President of the Friends of the Alabama Governor’s Mansion.

(9) The President of the Business Council of Alabama.

(10) The Chair of the Black Heritage Council.

(11) The Executive Director of the Landmarks Foundation of Montgomery.

(12) A history teacher to be appointed by the State Superintendent of Education, having demonstrated proficiency and interest in preservation of state history.

(13) The Director of the State Black Archives Research Center and Museum.

(14) The Director of the Historic Mobile Preservation Society.

(15) The President of the Alabama Historical Association.

(16) The Governor of Alabama or the Governor’s spouse upon appointment by the Governor.

(17) The Executive Director of the Eufaula Heritage Association.

(18) Two members appointed by the Governor.

(b) At its first meeting each year, the members of the authority shall elect a chair, a vice chair, and a secretary, each of whom shall serve two-year terms. The vice chair shall act in the place of the chair in the chair’s absence or disability. The vice chair and secretary shall not serve more than two consecutive terms. The authority shall meet at such times as designated by the authority at a place as is deemed necessary or convenient, but the chair shall call a meeting once a year. The chair may also call a special meeting at any time the chair deems it advisable or necessary. A quorum shall be a simple majority of the authority membership or their designees. Members of the authority or any committee thereof may participate in meetings of the authority or such committees by telephone conference or similar communications equipment through which all persons participating in the meeting can hear each other at the same time, and such participation by the members shall constitute presence at a meeting for all purposes. Members and their designees shall serve without compensation.

(c) Except as specified by subsection (a), the authority shall strive, when applicable, to select designees that reflect the racial, geographic, and economic diversity of the state.

(d) There is created an executive committee of the authority, which shall have authority to exercise any and all powers of the authority on the authority’s behalf, except as expressly limited by an administrative rule adopted by the authority. The executive committee shall be composed of three members of the authority, each appointed to the executive committee by the Governor, and who shall serve on the executive committee at the pleasure of the Governor. The executive committee shall submit an annual report of its activities to the authority no later than October 1 of each year.
Ala. Code § 41-9A-2 — Alabama Code / Title 41 / Chapter 9A / Section 41-9A-2
Section 41-9A-2 Improper Grounds for Denial of Application for License; Standards and Factors for Determinations
Status: in_force

(a) Notwithstanding any other law to the contrary, an occupational licensing board shall not deny an application for a license due to any of the following:

(1) A criminal conviction that is not directly related to the duties and responsibilities of the profession or occupation for which the license is required.

(2) A criminal conviction that has been pardoned, sealed, expunged, or otherwise nullified or made confidential by the jurisdiction from which it originated.

(3) An arrest that did not result in a criminal conviction and for which criminal charges are not currently pending.

(4) An applicant’s lack of good moral character or failure to adhere to any similarly vague or generic standard.

(b) In determining whether a criminal conviction is directly related to the duties and responsibilities of the profession or occupation for which a license is required, an occupational licensing board shall consider all of the following factors on a case-by-case basis:

(1) The nature and seriousness of the crime for which the individual was convicted.

(2) The nature of the specific duties and responsibilities for which the license is required.

(3) The age of the individual at the time of the commission of the crime.

(4) The passage of time since the commission of the crime.

(5) Any evidence of rehabilitation or treatment undertaken by the individual which might mitigate the direct relationship between the criminal conviction and the duties and responsibilities of the profession or occupation sought.

(c) An occupational licensing board that makes determinations pursuant to this section and Section 41-9A-2.1 shall publish on the occupational licensing board’s official website the standards and factors that shall guide the board in making such determinations.

(d) When applying for a license, an applicant may attach to the application a valid order of limited relief granted under Section 12-26-9. A valid order of limited relief shall create a presumption that an individual’s criminal conviction is not directly related to the duties and responsibilities for which a license is required.

(e) This section and Section 41-9A-2.1 do not apply to any licensure requirement imposed by an interstate licensure compact or other interstate mutual recognition licensure requirement imposed by law to which the State of Alabama is subject, or to any licensure requirement imposed by Title 27, Title 8, or Title 5 or by federal law.
Ala. Code § 41-4-320 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-320
Section 41-4-320 Legislative Findings
Status: in_force

The Legislature finds and declares the following:

The purpose of this article is to provide for the defense of those indigent defendants who have been found by a court to be unable to pay for their defense or representation in a trial or appellate court proceeding. When a court determines that a person is unable to pay for his or her defense, it shall be the responsibility of the court, subject to the establishment of the Office of Indigent Defense Services as set forth in this article, to provide that person with counsel and other necessary expenses of representation.
Ala. Code § 41-28-15 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-15
Section 41-28-15 Criminal History Background Checks on State Employees and Contractors; Policies
Status: in_force

(a) Pursuant to the requirements of Public Law 92-544, the office may conduct a state and national criminal history background check on current or prospective state employees and contractors for the purpose of determining whether those individuals who have or may have access to the state’s telecommunications, information technology, or cybersecurity infrastructure or otherwise perform functions that impact the technical operations of state government have been convicted of a crime that would warrant denying the employee or contractor access to information technology services to state government agencies.

(b) State and national criminal history records checks shall be requested by the office from the Alabama State Law Enforcement Agency (ALEA) and shall be applicable to the individual identified in the request. The office shall arrange for the fingerprinting of the individual or for conducting any other method of positive identification required by ALEA. The request shall also specify whether a national criminal history records check is requested by the Federal Bureau of Investigation on the specified individual in addition to a state criminal history records check. ALEA shall submit the verified fingerprints or other positive identifying information to the Federal Bureau of Investigation for a national criminal history records check when requested by the office. The results of the state and national criminal history records checks shall be returned to the office by ALEA.

(c) Any criminal history reports received by the office from ALEA shall be marked confidential and shall not be disclosed or made available for public inspection. All criminal history reports received pursuant to this section are specifically excluded from any requirement of public disclosure as a public record. The Secretary of ALEA shall limit access to these reports and may only use the information contained in the reports for the purposes set out in this section.

(d) The Secretary of ALEA may charge fees to the office subject to a fee schedule adopted by the Alabama Justice Information Commission for conducting state and national criminal history records checks.

(e) In conjunction with making criminal history records checks, the Secretary of ALEA shall establish a policy for determining which criminal elements would result in preventing or removing an employee’s or contractor’s access to sensitive or protected information handled by the office.
Ala. Code § 41-9-1001 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1001
Section 41-9-1001 Location
Status: in_force

The location of the Hall shall be in the City of Marion, Alabama, on the campus of the Marion Military Institute. All items pertaining to the Hall shall be housed at the same location.
Ala. Code § 41-21-5 — Alabama Code / Title 41 / Chapter 21 / Section 41-21-5
Section 41-21-5 Vesting of Title to Sets of Code; Duty of Officers, Employees, Etc., of State as to Disposition of Sets of Code in Custody Thereof Upon Severance of Connection with Offices, Etc.; Effect of Failure to Dispose of Code in Manner Prescribed by Section
Status: in_force

Except those sets of codes distributed to members of the Legislature and the Lieutenant Governor, the title to all of the sets of the annotated code, the distribution of which to officers and offices of the state and the several counties and municipalities thereof is provided for in this chapter, shall forever remain in the State of Alabama and said sets shall never become the personal property of any person or corporation, however long they shall have had possession thereof. Officers, employees, and agents of the state and of the several counties thereof to whom a set of said annotated code is transmitted by the Secretary of State under the provisions of this chapter, upon the severance of their connection with their offices, employments, or agencies, shall deliver over to their successors, if any, and, if there are no successors, to the Secretary of State, sets of the annotated code in their custody. Upon the failure of any officer, employee, or agent to comply with the provisions of this section relative to the return of sets of annotated code in their custody, they and the sureties upon their official bonds, if any, shall be liable for the value of the sets or volumes thereof not returned as required by this section, to be recovered by action in the name of the state, commenced and prosecuted by the district attorney of the county of their respective residences in any court having jurisdiction of said action.
Ala. Code § 41-10-432 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-432
Section 41-10-432 Funds Appropriated for Alabama Real Estate Commission Building Authority Fund; State to Have No Further Obligations or Rights After Property, Contracts, Etc., Assigned, Transferred, or Conveyed
Status: in_force

Upon issuance of the certificate of incorporation, all funds appropriated from the Real Estate Commission Fund for purposes of capital outlay by Acts of Alabama 88-777 and 88-953, which remain unspent or unencumbered, are hereby transferred to a fund in the State Treasury to be known as the Alabama Real Estate Commission Building Authority Fund. All funds received by the authority from any source whatsoever shall be deposited into such fund. Moneys contained therein are hereby appropriated for the purposes set forth in this article; said funds shall not revert to any other fund at the end of a fiscal year but are hereby reappropriated to the authority to be expended for any lawful purpose.

Upon issuance of the certificate of incorporation and pursuant to a written transfer, assignment, or conveyance by the State of Alabama to the authority, all contracts, leases, management agreements, real, or personal property acquired by the State of Alabama for the purpose of erecting a facility for the Real Estate Commission, shall be transferred, assigned, or conveyed to the authority without payment or other consideration. Upon such assignment, transfer, or conveyance, the State of Alabama shall have no further obligations or rights to or under the items or subject matters so assigned, transferred, or conveyed.
Ala. Code § 41-4-402 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-402
Section 41-4-402 Project Design and Oversight
Status: in_force

Nothing in Act 2021-476 shall revoke, limit, or otherwise diminish any existing state law or rule requiring that design professionals, including professional engineers, land surveyors, and architects, be used to provide project design and oversight for any project currently being reviewed and inspected by the Division of Construction Management. The project design oversight transferred to any entity pursuant to Act 2021-476 shall continue to meet all applicable state, local, and federal codes, laws, and regulations.
Ala. Code § 41-23-256 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-256
Section 41-23-256 Effective Date of Grant Program
Status: in_force

The grant program established under this article shall be effective beginning with the fiscal year ending September 30, 2020.
Ala. Code § 41-8A-12 — Alabama Code / Title 41 / Chapter 8A / Section 41-8A-12
Section 41-8A-12 Submission to Governor of Annual Budget and Request for Funds; Request for Funds by Governor in Appropriation Bill
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-14-2 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-2
Section 41-14-2 Application for Designation Action Upon Default or Insolvency
Status: in_force

Before any bank or savings association shall be designated as a state depositary, it shall be designated as a qualified public depository under Chapter 14A of this title, and it shall file with the State Treasurer an application in writing to be designated as a state depositary under the terms of this article.

Such qualified public depository shall accompany such application with a statement, verified by the affidavit of its president or other executive head, setting forth the amount of its paid-in capital stock, the amount of its surplus and undivided profits, its principal place of business, the length of time it has been engaged in business, and its assets and liabilities at the time of making application.

In the event of the default or insolvency, as defined in Section 41-14A-2, of any state depository, the State Treasurer shall take prompt action to enforce the rights of the state and the State Treasurer as a public depositor under Chapter 14A of this title.
Ala. Code § 41-4-380 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-380
Section 41-4-380 Division Created; Powers and Duties; Director
Status: in_force

There shall be established within the Department of Finance the Division of Leasing Management.

(a) The functions, powers, and duties of the Division of Leasing Management shall be as follows:

(1) To formulate a statewide leasing plan for offices and other needed lease space for the various state departments, boards, bureaus, commissions, agencies, and offices managed by the division.

(2) To maintain and manage an inventory of all state leased property.

(3) To review and approve or disapprove all real property leases and to make recommendations to the Director of Finance.

(4) To develop and implement standards for real estate lease agreements.

(5) To administer and monitor all real estate lease agreements.

(6) To make recommendations and reports to the Director of Finance as to utilization of leased office space and future needs as well as other reports and recommendations as required by the Director of Finance.

(7) To contract with other agencies, corporations, entities or individuals for the management and the procurement of leasing of real property for any department, board, bureau, commission, agency, or office within the State.

(b) The Division of Leasing Management shall be headed by and under the supervision, direction and control of an officer who shall be designated Director of Leasing Management. He or she shall be appointed, subject to the provisions of the state Merit Law, by the Director of Finance, with the approval of the Governor. The compensation of such officer shall be fixed in accordance with the pay plan of the state Merit System.
Ala. Code § 41-10-650 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-650
Section 41-10-650 Short Title
Status: in_force

This division shall be known and may be cited as the “Job Development Act of 1999.”
Ala. Code § 41-10-404 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-404
Section 41-10-404 Transfer of Certain Assets to Authority
Status: in_force

Upon issuance of the certificate of incorporation, any unencumbered funds appropriated to the Department of Finance, Division of Data Systems Management, for capital outlay and operation and maintenance of the supercomputer system, are hereby transferred to the Supercomputer System Fund to be expended in accordance with the provisions of this article.

Upon issuance of the certificate of incorporation and pursuant to a written transfer, assignment or conveyance by the State of Alabama to the authority, all contracts, leases, management agreements, real, or personal property acquired by the State of Alabama and utilized in the operation of a supercomputer center and system by the Alabama Department of Finance, shall be transferred, assigned, or conveyed to the authority without payment or other consideration. Upon such assignment, transfer or conveyance, the State of Alabama shall have no further obligations or rights to or under the items or subject matters so assigned, transferred, or conveyed.
Ala. Code § 41-9-371 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-371
Section 41-9-371 Vacancies. (Amended by Act 2026-327)
Status: in_force

AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

Upon the death, resignation, failure, or refusal to serve of any appointed commissioner, his or her office shall become vacant, and the Governor, President of the Senate, or the Speaker, as the case may be, shall make an appointment to fill the vacancy for the unexpired term of the former appointee.
Ala. Code § 41-16-86 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-86
Section 41-16-86 Violations
Status: in_force

(a) A person who knowingly violates this article shall be subject to civil penalty in an amount of ten thousand dollars ($10,000), or 10 percent of the amount of the contract, whichever is less, to be deposited in the State General Fund. The statute of limitations for the acts covered in this article shall be one year. Any action brought to enforce the provisions of this article shall be initiated by the Attorney General in the circuit or district court in the county in which the awarding entity is located.

(b) If there is a finding of a knowing violation of this article, the contract or grant shall be voidable by the awarding entity.
Ala. Code § 41-10-45.6 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-45.6
Section 41-10-45.6 Contracts; Promulgation of Regulations
Status: in_force

(a) The department and the authority may enter into contracts and other agreements in connection with the operation of the fund, including but not limited to agreements appointing the department as the agent of the authority for administration of the fund and the lending program authorized hereby.

(b) The department shall promulgate regulations to implement and administer the provisions of this article and Sections 40-18-376.1 and 40-18-376.2 and to administer the fund in accordance with applicable law.
Ala. Code § 41-9-40 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-40
Section 41-9-40 Legislative Findings; Declaration of Public Policy
Status: in_force

(a) It is hereby found that many of our citizens lack the opportunity to view, enjoy, or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architecture, and the performing and fine arts generally. It is hereby further found that, with increasing leisure time, the practice and enjoyment of the arts are of increasing importance and that the general welfare of the people of the state will be promoted by giving further recognition to the arts as a vital aspect of our culture and heritage and as a valued means of expanding the scope of our educational programs.

(b) It is hereby declared to be the policy of the state to join with private patrons and with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of our communities will continue to grow and will play an ever more significant part in the welfare and educational experience of our citizens.
Ala. Code § 41-9-85.3 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-85.3
Section 41-9-85.3 Civil Action by Victim of Crime - Restitution or Money Damages
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, a victim of a crime may bring a civil action in a court of competent jurisdiction to recover restitution or money damages, or both, from the convicted individual who committed the crime or the individual’s representative.

(b) Notwithstanding any other provision of law to the contrary, a judgment obtained pursuant to this section is not subject to execution or enforcement against the first one thousand dollars ($1,000) deposited into an inmate or prisoner account to the credit of an inmate.

(c) In actions seeking relief pursuant to subsection (a), the claim must not be considered as having accrued until: (1) the actual discovery of the profits or funds; or (2) actual notice received from or published by the Securities Commission of the discovery of the profits or funds, whichever occurs first, after which a victim of a crime must have five years within which to prosecute the action.
Ala. Code § 41-10-548 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-548
Section 41-10-548 Use of Proceeds from Bonds
Status: in_force

The authority is authorized and empowered to apply the proceeds of any bonds of the authority, together with any other available funds, (i) for the purposes for which the bonds were issued; (ii) to fund the reserves as the authority deems necessary and desirable; and (iii) to the extent not needed for the foregoing uses, to pay or redeem the authority obligations. Pending the application of the proceeds of bonds of the authority to the purpose or purposes for which the bonds were issued, the proceeds and any moneys held in special funds created as security for the bonds may be invested by the authority in eligible investments, as the directors deem advisable. Any and all revenues, receipts, investment earnings, and other funds paid to, or otherwise coming into the possession of, the authority as a result of financings accomplished from the proceeds of bonds of the authority, shall be held, deposited, administered, invested, and applied as provided in the resolution of the directors authorizing the issuance of the authority obligations and as provided in any trust indenture or other agreement delivered in connection therewith, or otherwise as the authority may direct, consistent with the resolution, trust indenture, or other agreement and this division.
Ala. Code § 41-22-27 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-27
Section 41-22-27 Effective Date of Chapter; Validity, Review, Etc., of Existing Rules; Disposition of Certain Cases and Proceedings
Status: in_force

(a) This chapter shall take effect at 12:01 a.m., October 1, 1982; provided, however, that Section 41-22-22 shall take effect October 1, 1981. In order that the Legislative Reference Service may appoint and hire an aide to receive the rules and in order to promulgate the Alabama Administrative Code and the Alabama Administrative Monthly as soon as possible, subsections (a) and (b) of Section 41-22-6 and subsections (a) through (e) of Section 41-22-7 shall also become effective October 1, 1981. It shall be the duty of all agencies in existence on the passage of this chapter and all agencies created thereafter to cooperate with the office of the Legislative Services Agency, Legal Division, in compiling the Alabama Administrative Code and the Alabama Administrative Monthly by submitting to the committee all rules now and hereafter in effect, and all proposed rules.

(b) All existing rules shall be indexed by October 1, 1983, and the administrative code of each agency shall be completed and up-to-date at that time and the Alabama Administrative Code shall be completed and up-to-date by November 15, 1983.

(c) Any rule in effect before 12:01 a.m., October 1, 1983, except those adopted following a public hearing that was required by statute, shall be reviewed by the agency concerned on the written request of a person substantially affected by the rule involved. The agency concerned shall initiate the rulemaking procedures provided by this chapter within 90 days after receiving such written request. If the agency concerned fails to initiate the rule making procedures within 90 days, the operation of the rule shall be suspended. The right of review established by this subsection shall be exercisable no earlier than October 1, 1983.

(d) All rules in effect on September 30, 1983, shall be and become invalid on October 1, 1983, unless:

(1) The rules are properly filed, indexed, and included within the administrative code of the agency in accordance with all the provisions of this chapter; and

(2) The rules adopted prior to October 1, 1982, were validly adopted under procedures in effect prior to those provided in this chapter, or were readopted pursuant to the requirements of this chapter; or

(3) The rules adopted on or subsequent to October 1, 1982, were validly adopted pursuant to the requirements of this chapter.

(e) All contested cases and other adjudicative proceedings conducted pursuant to any provision of the statutes of this state that were begun prior to October 1, 1983, shall be continued to a conclusion, including judicial review, under the provisions of such statutes, except that contested cases and other adjudicative proceedings that have not progressed to the stage of a hearing, with the consent of all parties and the agency conducting the proceedings, may be conducted in accordance with this chapter as nearly as feasible.

(f) Sections 41-22-1 through 41-22-11 and 41-22-22 through 41-22-27 shall take effect with regard to the Alabama Department of Environmental Management at 12:01 a.m. on October 1, 1986. All rules that were validly adopted by the Alabama Department of Environmental Management prior to October 1, 1986, under procedures in effect at the times the rules were adopted shall be valid, and all such rules adopted by the department shall be properly filed, indexed, and included within the administrative code of the department in accordance with this chapter by October 1, 1987. The Alabama Department of Environmental Management shall be exempt from Sections 41-22-12 through 41-22-19. Except as provided in subdivision (6) of subsection (c) of Section 22-22A-7, judicial review of any order of the Environmental Management Commission modifying, approving, or disapproving an administrative action of the Alabama Department of Environmental Management shall be in accordance with the provisions for review of final agency decisions of contested cases in Sections 41-22-20 and 41-22-21.
Ala. Code § 41-10-39 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-39
Section 41-10-39 Carryforward Allocation Procedure
Status: in_force

Applications for carryforward allocations may be submitted to the authority on or after December 1 of each calendar year. The authority shall grant such carryforward allocations in its sole discretion, giving due regard to the likelihood of the use of the remaining state ceiling prior to December 31 of such year, and shall use its best efforts to assure that any remaining and unallocated state ceiling is used to satisfy applications for carryforward allocations.
Ala. Code § 41-10-880 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-880
Section 41-10-880 Legislative Findings
Status: in_force

The Legislature finds and declares all of the following:

(1) The State of Alabama has a great need to ensure the long-term viability of the state’s economic development successes.

(2) Other states have had significant success in economic development by involving the private sector in long-term planning to help identify and fill strategic gaps in states efforts that are not currently addressed by existing agencies, ensuring a comprehensive approach to economic growth and development.

(3) It is believed that by taking advantage of private sector expertise and support that exists within many chambers of commerce and other organizations, the state will be able to develop initiatives more rapidly and efficiently.

(4) By leveraging the strengths of both the public and private sectors, the state can foster a more collaborative and efficient approach to economic development, leading to more innovative and effective solutions.

(5) A public-private partnership can supplement existing state efforts to focus on the development of specific, high-growth industries where Alabama has competitive advantages, ensuring the state becomes a national or global leader in these sectors.

(6) By focusing on long-range planning, the public-private partnership can ensure that Alabama’s economic development efforts are sustainable and forward-thinking, thus providing stability and predictability for businesses and investors.

(7) States with proactive economic development strategies, such as public-private partnerships, can be more successful in attracting investment. Creation of a similar model will help give Alabama a competitive edge in the national and global market, helping to attract significant business investments.

(8) It is desirable and in the public interest to establish a public corporation governed by a board of public and private leaders to be a part of the state’s economic development strategies designed to sustain and enhance Alabama’s long-term success, growth, and viability of its economic development policies.
Ala. Code § 41-9-925 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-925
Section 41-9-925 Power of Public Body Corporate
Status: in_force

The board shall constitute a public body corporate and shall have, in addition to those set forth specifically in this article, all powers necessary or convenient to effect the purposes for which it has been established under and by the terms of this article, together with all powers incidental thereto or necessary to the discharge of its powers and duties.
Ala. Code § 41-17-6 — Alabama Code / Title 41 / Chapter 17 / Section 41-17-6
Section 41-17-6 Establishment, Operation, Etc., of Area Transportation Pools
Status: reserved

Repealed by Act 2013-282, §2, effective October 1, 2014.
Ala. Code § 41-13-42 — Alabama Code / Title 41 / Chapter 13 / Section 41-13-42
Section 41-13-42 Purchase or Lease of Photographic or Microphotographic Equipment and Supplies by Department of Archives and History Authorized; Appropriation of Funds Therefor
Status: in_force

The Department of Archives and History is hereby authorized to purchase or lease photographic or microphotographic equipment and supplies necessary to carry out the duties prescribed in this article.

There is hereby appropriated out of the General Fund of the state an amount sufficient to cover the cost of purchase or lease of such equipment and supplies, such appropriation to be released only upon the approval of the Governor.
Ala. Code § 41-10-594 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-594
Section 41-10-594 Report of Expenditures; Diversity Requirement
Status: in_force

The state Finance Director shall report to the Lieutenant Governor, the President Pro Tempore of the Senate, and the Speaker of the House any purchase of Y2K related equipment or services by the Alabama Incentives Finance Authority within 30 working days after the purchase. Any contract expending Y2K funds by the authority shall at least reflect the racial, social, and economic diversity of the state.
Ala. Code § 41-9-213 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-213
Section 41-9-213 Director to Employ One Unclassified Employee; Employees of Community Services Administration Placed in Classified Service; Limitation Upon Employees’ Salaries
Status: in_force

The Director of the Office of State Planning and Federal Programs is authorized to employ one person in the unclassified service; without participation in the state Merit System; provided, however, that such person shall be entitled to the same rights, privileges and benefits as provided for classified employees within the state Merit System. All employees of the state community services administration shall be placed in a classified position within the state Merit System and under state planning and federal programs. Salaries set for employees shall not exceed the salary set by law for executive department heads.
Ala. Code § 41-4-322 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-322
Section 41-4-322 Programs; Director; Standards; Duties of Director and Local Indigent Defense Advisory Board; Budget
Status: in_force

(a) The office shall develop and improve programs to provide legal representation to indigents.

(b) The office shall have a director, who shall be chosen by the Director of Finance on the basis of training, experience, and other qualifications. The term of office shall be three years, subject to termination for cause. The person selected as Director of the Office of Indigent Defense Services, in addition to the above qualifications and experience, shall be an attorney licensed to practice law in the State of Alabama. The director shall be chosen from a list of three qualified candidates nominated by the Alabama State Bar Board of Bar Commissioners within 60 days of a vacancy occurring. The Director of Finance shall serve as the Director of Indigent Defense Services on an interim basis if a vacancy exists. If the Alabama State Bar Board of Bar Commissioners fails to provide a list as required, then the director shall be chosen by the Director of Finance from a list of the three qualified candidates provided by the Governor.

(c) The director shall develop standards governing the provision of defense services under this article. The standards shall include, but not be limited to, the following:

(1) Providing fiscal responsibility and accountability in indigent defense preparation.

(2) Maintaining and operating indigent defense systems, whether appointed counsel, contract counsel, public defender, or appellate defender offices, some combination of the above, or any other method which meets the goals set forth in this article.

(3) Prescribing minimum experience, training, and other qualifications for appointed counsel, contract counsel, and public defenders, including additional qualifications for counsel appointed in capital cases.

(4) Caseload management for appointed counsel, contract counsel, and public defenders, including the number of attorneys appointed in capital cases which, when appropriate, may include two attorneys.

(5) Performance for appointed counsel, contract counsel, and public defenders.

(6) Criteria for independent, competent, and efficient representation of clients whose cases present conflicts of interest.

(7) Providing and compensating experts who provide services related to legal representation of indigents.

(8) Determining indigency and partial indigency.

(9) Establishing procedures for the recoupment of fees, expenses, and salaries.

(d) The local indigent defense advisory board shall determine the methods for delivering indigent defense services in the trial courts in each county or circuit, or parts of the county or circuit. The director may appeal the determination of the indigent defense advisory board to the Indigent Defense Review Panel. The indigent defense advisory board shall certify its system to the Indigent Defense Review Panel and to the director on or before October 1 of each year. Should the indigent defense advisory board fail to make certification to the Indigent Defense Review Panel and to the director as herein prescribed, the Indigent Defense Review Panel, in consultation with the director, shall determine the system for delivery of indigent defense services in that circuit. The methods established for delivering indigent defense services may include, but are not limited to, appointed counsel systems, contract counsel systems, and part-time or full-time public defender systems. In determining the method for delivering indigent defense services, the indigent defense advisory board shall select the most efficient and effective counsel system available in each county or circuit, or parts of the county or circuit.

(e) The director shall determine the methods of providing indigent defense service in the appellate courts. If a method is selected by the director whereby someone other than the trial counsel shall serve as the appellate counsel for the appellant, the director, to the extent possible, shall see that the system provides for the representation of the appellant from the time the trial counsel is permitted to withdraw. In determining the method by which indigent defense services shall be provided in the appellate courts, the director shall consult with the Alabama Supreme Court, the Court of Criminal Appeals, and the Court of Civil Appeals.

(f) This article does not govern the provision of indigent defense services to municipal courts, and this article does not prohibit any of the systems or methods by which legal services are now or are in the future provided to indigent defendants in the municipal courts of this state.

(g) The director shall annually approve and recommend a budget for indigent defense systems to the Director of Finance.

(h) The director shall adopt other rules and procedures he or she deems necessary for the conduct of business by the Office of Indigent Defense Services.
Ala. Code § 41-4-88 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-88
Section 41-4-88 Formulation of Final Budget
Status: in_force

After such public hearings, the Governor shall proceed to the formulation of the budget provided for in Sections 41-4-82 and 41-4-83. In doing so, he shall give such weight to the estimates of income prepared by the Department of Finance, to the estimates of expenditure requirements submitted by the departments, boards, bureaus, commissions, agencies, offices and institutions of the state, to the tentative budget prepared by the Department of Finance and to the testimony elicited at the hearing thereon as he deems proper, but the proposals contained in the budget shall represent his judgment and recommendations with respect to the provisions to be made for meeting the revenue and expenditure needs of the government for each of the budget years.
Ala. Code § 41-4-154 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-154
Section 41-4-154 Payment for Printing - Source of Funds
Status: reserved

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.
Ala. Code § 41-10-274 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-274
Section 41-10-274 State Treasurer to Disburse Funds for Payment of Bonds
Status: in_force

From the fund to be pledged pursuant to Section 41-10-272 hereof, the State Treasurer is authorized and directed to pay the principal of, premium, if any, and interest on the bonds as such principal and interest shall respectively mature, and is further authorized and directed to set up and maintain appropriate records pertaining thereto.
Ala. Code § 41-19-5 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-5
Section 41-19-5 Responsibilities of Department of Finance as to Preparation of Budget, Etc., Generally
Status: in_force

The Department of Finance shall:

(1) Assist the Governor in the preparation and explanation of the proposed comprehensive program and financial plan, including the coordination and analysis of state agency/department program goals and objectives, program plans and program budget requests;

(2) Develop procedures to produce the information needed for effective decision making;

(3) Assist agencies/departments in preparing their statement of goals and objectives, program plans, program budget requests, and reporting of program performance;

(4) Administer its responsibilities under the program execution provisions of this chapter so that the policy decisions and budget determination of the Governor and the Legislature are implemented to the fullest extent possible within the concepts of proper management;

(5) Provide the Legislature with budget information; and

(6) Assist agencies/departments in the preparation of their proposals under Section 41-19-6. This assistance shall include organization of materials, provision of centrally collected accounting, budgeting and personnel information, standards and guidelines formulation, provision of population and other required data, and any other assistance that will help the state agencies/departments produce the information necessary for efficient agency/department management and effective decision making by the Governor and the Legislature.
Ala. Code § 41-5A-19 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-19
Section 41-5A-19 Sworn Reports of Audits
Status: in_force

The department shall make a sworn report of its findings within a reasonable time after an audit is completed. The chief examiner shall certify one copy of each report to the circuit judge of the county in which the office examined is located. The judge shall refer to the report in his or her next oral charge to the grand jury. The report shall be entered in full upon the minutes of the court. The reports shall be public records and prima facie evidence of what they charge. Working papers used in the preparation of the reports shall be subject to and treated as being under Section 12-16-216, and shall be subject to review by a court of competent jurisdiction, and upon a substantiated request, may be shared with the local district attorney, the Attorney General, and the Ethics Commission. One copy of each report shall be certified to the Governor.
Ala. Code § 41-9-336 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-336
Section 41-9-336 Authorization for County or Municipality to Appropriate Public Funds for Commission; Acquisition, Etc., of Roads, Bridges, Etc., on Commission Land
Status: in_force

The county commission of any county or governing body of any municipality in this state or any other public or private agency or any historical organization shall be authorized, by resolution duly adopted and recorded, to appropriate any available public funds not otherwise pledged to the use of the St. Stephens Historical Commission and shall be authorized to acquire, construct, and maintain roads and bridges and other public facilities and improvements on commission owned or controlled land.
Ala. Code § 41-29-354 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-354
Section 41-29-354 Rulemaking Authority
Status: in_force

The committee shall adopt rules as necessary to implement and administer this division pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
Ala. Code § 41-10-550 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-550
Section 41-10-550 Appropriation and Pledge of Funds for Authority Obligations
Status: in_force

(a) For the purpose of providing funds to enable the authority to pay debt service referable to any bonds issued by it, amounts due on any authority guaranties entered into by it under this division and other obligations incurred by the authority pursuant to this division, and to pay the costs of acquiring, operating, and maintaining any project or other property the authority may own, acquire, or operate and to pay any other costs, expenses, or obligations of the authority, there is irrevocably pledged to such purpose and is appropriated to the authority so much as may be necessary therefor of the appropriated funds. All moneys hereby appropriated and pledged shall be deposited in a special fund maintained by the State Treasurer separate and apart from all other funds under his or her supervision, and the State Treasurer is hereby directed to cause moneys in the special fund to be disbursed solely for the following purposes:

(1) Prior to dissolution of the authority, moneys on deposit in the special fund shall be disbursed by the State Treasurer in payment of debt service referable to authority obligations and in payment of other obligations of the authority incurred pursuant to this division; provided, however, that if directed so to do by a resolution of the directors, the State Treasurer shall transfer from the special fund to the General Fund of the state or to such Maintenance Fund established by the authority for payment of the costs of acquiring, operating, and maintaining any project or other facilities the authority may at any time own, acquire, or operate and to pay any other costs, expenses, or obligations of the authority, moneys and securities the directors determine are not needed to meet the aforesaid obligations of the authority; provided, however, that no such transfer to the General Fund or Maintenance Fund shall be made during any year in which any authority obligations are outstanding unless, with respect to each of the two fiscal years immediately preceding the fiscal year in which such transfer is proposed to be made, the amount of money that had been deposited from time to time into the special fund was not less than 1.3 times the maximum annual debt service payable on all authority obligations outstanding during such fiscal year.

(2) Promptly upon dissolution of the authority, the State Treasurer shall transfer all cash and securities on deposit in the special fund to the General Fund of the state.

(b) Pending disbursement for the above purposes, moneys on deposit in the special fund shall be invested by the State Treasurer in eligible investments as specified by the directors.

(c) The Governor, on behalf of the state, and the authority are hereby authorized to enter into a funding agreement pursuant to which the state may agree, in the event that moneys are withdrawn during any fiscal year of the state from any reserve fund established by the authority for any of its bonds owing to the inadequacy of pledged revenues to pay when due debt service thereon as herein provided for, to provide funds to the authority not in excess of the amount so withdrawn from whatever source lawfully available to the state for that purpose in order to fully fund such reserve fund in accordance with the proceedings of the authority pursuant to which the authority issued the bonds for which such reserve fund was established. Any funding agreement entered into pursuant hereto shall be executed by the Governor and countersigned by the Finance Director of the state and by the president of the authority and countersigned by the secretary of the authority.
Ala. Code § 41-19-2 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-2
Section 41-19-2 “Agency/Department” Defined
Status: in_force

For the purposes of this chapter, the term “agency/department” shall include state agencies, departments, boards, bureaus, the Legislature, and institutions of the state.
Ala. Code § 41-22-15 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-15
Section 41-22-15 Majority Requirement for Adoption of Final Decision in Contested Cases; Use of Proposed Orders in Cases Where Any Official Is Unfamiliar with the Case; Finality of Proposed Orders
Status: in_force

In a contested case, a majority of the officials of the agency who are to render the final order must be in accord for the decision of the agency to be a final decision. If any official of the agency who is to participate in the final decision has not heard the case or read the record and his or her vote would affect the final decision, the final decision shall not be made until a proposed order is prepared and an opportunity is afforded to each party adversely affected by the proposed order to file exceptions and present briefs and oral argument to the official not having heard the case or read the record. The proposed order shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision prepared by the person who conducted the hearing or one who read the record. The proposed order shall become the final decision of the agency without further proceedings, unless there are exceptions filed or an appeal to the agency within the time provided by rule. The parties by written stipulation may waive compliance with this section.
Ala. Code § 41-10-865 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-865
Section 41-10-865 Grant Applications by Eligible Donors; Disposition of Funds
Status: in_force

(a) Any eligible donor who makes a qualified donation of donated property for use as a greenway trail may apply for a grant pursuant to this section. Any eligible donor who elects not to apply for a grant pursuant to this section may enter into any other arrangement available to the eligible donor under law or contract in lieu of a grant pursuant to this section.

(b)(1) An eligible donor shall be eligible to apply for a grant for each qualified donation under this article.

(2) The grant shall be equal to 25 percent of the fair market value of the donated real property, but shall not exceed two hundred fifty thousand dollars ($250,000).

(c) Grants approved pursuant to this section shall be paid using monies from the acquisition fund.

(d) At the end of each fiscal year, any monies remaining in the acquisition fund shall be transferred to the project fund.
Ala. Code § 41-10-44.12 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.12
Section 41-10-44.12 Requirement to Report to the Legislature
Status: in_force

The authority shall report annually to the Legislature as to its outstanding projects. Such report shall be due on the fifth legislative day of each regular session and shall include a detailed accounting of each project approved that year, the value of each outstanding project, the date each project will be completed, the criteria and cost/benefit analysis used to justify each project, and the amount of tax credits utilized and job development fees retained by approved companies for each approved project in that year. Such report shall also include all bond fees, attorneys fees, commissions paid and all other costs of financing each project. The authority shall include any other information requested by the Legislature by a joint resolution.
Ala. Code § 41-10-476 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-476
Section 41-10-476 Power to Make Payments and to Make Agreements Respecting Investment of Funds
Status: in_force

The authority shall have the power to make such payments to the United States of America as the directors deem necessary to cause the interest on any bonds of the authority to be and remain exempt from federal income taxation. The authority shall have the power to make agreements respecting the investment of funds of the authority necessary in order that the interest income on bonds of the authority be and remain exempt from federal income taxation.
Ala. Code § 41-10-261 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-261
Section 41-10-261 Legislative Intent; Liberal Construction
Status: in_force

It is the intent of the Legislature by the passage of this article to authorize the incorporation by the Governor, the Director of Finance, and the Chief Justice of a public corporation for the purpose of acquiring, constructing, installing, equipping, operating, and maintaining judicial facilities, and to vest such corporation with all powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish such purpose. This article shall be liberally construed in conformity with the purpose expressed.
Ala. Code § 41-9-249.1 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-249.1
Section 41-9-249.1 Contracts for Recovery or Salvage of Archaeological Treasure, Etc
Status: reserved

(a) Notwithstanding any provision of law to the contrary, the Alabama Historical Commission may enter into contracts with any group or person for the recovery or salvage of archaeological treasure, sunken or abandoned ships and wrecks of the sea, or parts thereof or their contents, which are determined to be located on state owned lands, or on private land if the written consent of the owner thereof is first obtained. Such contracts shall be on forms approved by the commission and may provide for fair compensation to the salvager, and owner of the private land where applicable, in terms of a percentage of the reasonable cash value of the objects recovered or at the discretion of the commission, of a fair share of the objects recovered. The amount constituting a fair share shall be determined by the commission, taking into consideration the circumstances of each operation, and the reasonable cash value may be determined by contractual agreement for appraisal by qualified experts or by representatives of the contracting parties. Each contract shall provide for the termination of any right in the salvager thereunder upon the violation of any of the terms thereof. Each contract shall be approved by both the state Finance Director and the Governor. The distribution of the state’s share of the recovery or salvage shall be as follows:

(1) All archaeological treasure and artifacts shall be placed in the custody and control of the Alabama Historical Commission.

(2) All monetary proceeds from the sale of any recovered or salvaged archaeological treasure or artifacts including but not limited to gold, silver, or other precious metal shall be deposited with the State Treasurer to the credit of the State General Fund.

(b) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating salvage and excavation of antiquities; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 41-10-236 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-236
Section 41-10-236 State Advisory Committee to Africatown, U.s.a. State Park
Status: in_force

There is hereby established a state advisory committee to the Africatown, U.S.A. State Park which shall include the Director of the state Historical Commission, the Director of the Department of Conservation and Natural Resources, the Director of the state Department of Tourism, the Mayor of the City of Prichard, Alabama, a member selected by the Black Heritage Council, the state representative and state senator representing the legislative districts in which the Africatown, U.S.A. State Park is located, and the senators and representatives representing the legislative districts in which the commemorative sites are located, a member of the Africatown, U.S.A. Historic Preservation Authority, and five other persons to be appointed by the Governor, at least one of whom shall be a descendent of the Africans brought over on the Clotilde and at least one of whom shall be a representative of the corporate community of Mobile County to be selected by the Mobile Area Chamber of Commerce and three persons appointed from the State of Alabama at large who shall have a demonstrated concern for protecting the historical and cultural resources of this state.

The duties of the advisory committee shall include coordination with the state Historical Commission, the state Department of Conservation and Natural Resources, and the City of Prichard to assure the most advantageous development and interpretation of Alabama’s cultural resources and the most efficient management of the park.