Ala. Code § 41-10-861 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-861
Section 41-10-861 Alabama Council on Outdoor Recreation to Contract with Project Developer; Master Plan
Status: in_force

(a) Subject to an appropriation made by the Legislature for the purposes of implementing the project, the council, as empowered by the corporation, may contract with an organization who may act as the developer for purposes of this article.

(b) Subject to approval by the council, the developer may do all of the following:

(1) Develop, in coordination with state, public, and private entities, a master plan for a network of greenway trails throughout the state that shall be known as the Sweet Trails Alabama Project.

(2) Perform any feasibility studies or other preparatory work as may be necessary to develop the master plan.

(c) Any master plan approved by the council shall consider all of the following goals:

(1) To aid in establishing and maintaining an innovation ecosystem in the state.

(2) To provide access and economic impacts that are inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state.

(3) To take advantage of all available state and federal funding programs for trail development and enhancement.

(d) Unless otherwise provided by law, any grants from the funds created by Section 41-10-866 utilizing state appropriations are deemed to have the following priority:

(1) In the first phase, funding shall support a strategic trail network of north-south and east-west greenway trails including sections in at least half of the state’s counties.

(2) In the second phase, funding shall support extensions of the network into every county in the state.

(3) In the final phase, funding shall support ongoing maintenance of the network and coordination with local communities to establish additional trail points connecting the network to other outdoor recreation assets.

(e) The project may consider the following goals:

(1) Connect all 67 counties and all key locations throughout the state.

(2) Increase opportunities for outdoor recreation and physical activity.

(3) Foster interconnectivity between urban and rural areas.

(4) Provide alternative transportation options to help integrate recreation into work, education, and daily life.

(5) Offer accessibility for people of different abilities, ages, and backgrounds.

(6) Create opportunities for tourism and economic development.

(7) Capitalize on local, regional, public, and private partnerships.

(8) Promote conservation through education and public awareness.

(9) Capitalize on all existing trails, trail networks, and trail initiatives in the state.

(f) The project may incorporate the following design principles:

(1) Cohesion. The project shall incorporate branding, signage, and wayfinding to minimize confusion and create a user-friendly experience.

(2) Safety. The project shall prioritize separation between roadways and greenway trails and shall minimize road crossings. Efforts should be made to increase visibility and decrease human error.

(3) Scenic Beauty. The project’s design shall showcase the diversity and beauty of the state.

(4) Accessibility. Trails shall be designed for comfort and differing abilities and to minimize drastic changes in slope or repeated stops.

(5) Connectivity. Routes should be as direct as possible while connecting as many communities as possible.

(g) Any master plan approved by the council may consider the following outdoor assets:

(1) Existing and planned greenway trails.

(2) Public lands, including, but not limited to, state parks, forest lands, the Forever Wild Land Trust, and conservation areas.

(3) Access points to blueways and hiking trails, especially National Water Trails, National Recreation Trails, and Alabama Scenic River Trails.

(4) Historically significant trails, roads, abandoned railways, and outdoor sites.

(5) Land potentially suitable for railbanking.

(6) Tourism trails and general tourist destinations.

(h) Any master plan approved by the council may consider the following additional factors when determining the route for the proposed project:

(1) Access for residents of tribal lands.

(2) Coordination with regional planning commissions.

(3) Potential for economic development in economically distressed areas.

(4) Possibilities for federal alternative transportation project funding.

(5) Capacity to minimize road crossings and avoid long distances adjacent to heavy-use roadways.

(6) Coordination with the Department of Transportation to avoid impeding utilities, drainage, and state right-of-way access.
Ala. Code § 41-4-155 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-155
Section 41-4-155 Rules for Adjusting Contract Provisions; Remedies; Justification for Variations
Status: in_force

(a) The Chief Procurement Officer may adopt rules permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance, or other contract provisions as appropriate covering both of the following subjects:

(1) The unilateral right of the state to order in writing both of the following:

a. Changes in the work within the scope of the contract.

b. The temporary stopping of work or delaying performance.

(2) Variations occurring between estimated quantities of work in a contract and actual quantities.

(b)(1) Adjustments in price pursuant to clauses adopted under subsection (a) shall be computed in one or more of the following ways:

a. By agreement on a fixed-price adjustment before commencement of the performance or as soon as practicable.

b. By unit prices specified in the contract or subsequently agreed upon.

c. By the costs attributable to the events or situations under the clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon.

d. In any other manner as the contracting parties may mutually agree.

e. In the absence of agreement by the parties, by a unilateral determination by the state of the costs attributable to the events or situations under the clauses with adjustment of profit or fee.

(2) A contractor shall be required to submit cost or pricing data if any adjustment in the contract price is subject to Section 41-4-141.

(c) The Chief Procurement Officer may adopt rules to implement this division, including rules permitting or requiring the inclusion in state contracts of clauses providing for appropriate remedies covering all of the following subjects:

(1) Specified excuses for delay or nonperformance.

(2) Termination of the contract for default.

(3) Termination of the contract in whole or in part for the convenience of the state.

(d) The Chief Procurement Officer may vary the clauses adopted by rule under subsection (a) and (c) for inclusion in any particular state contract, so long as any variation is supported by a written determination that states the circumstances justifying the variation. Notice of any material variation shall be stated in the invitation to bid or request for proposals.
Ala. Code § 41-10-26.1 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-26.1
Section 41-10-26.1 Exercise of Powers Granted to Airport Authorities
Status: in_force

Any industrial development authority organized and incorporated under the provisions of Chapter 10 of Title 41, which owns and utilizes property that has airport facilities is hereby authorized and empowered to exercise those powers granted to airport authorities under Section 4-3-11.
Ala. Code § 41-23-141 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-141
Section 41-23-141 Advisory Board of Directors
Status: in_force

(a) There shall also be created an Alabama Trails Commission Advisory Board which shall advise the commission in the execution of the Alabama Trails Commission’s powers and duties under this article. The advisory board of directors shall be composed of the following:

(1) Two Senators appointed by the Lieutenant Governor.

(2) Two members of the House of Representatives appointed by the Speaker of the House.

(3) Three members of the Alabama Recreational Trails Advisory Board.

(4) One member representing a university in this state appointed by the Governor.

(5) One member appointed by the State Forestry Commission.

(6) One member appointed by the Commissioner of Agriculture and Industries.

(7) One member appointed by the State Health Officer.

(8) One member appointed by the Executive Director of the Retirement Systems of Alabama.

(9) One member appointed by the U.S. Forest Service.

(10) One member shall be a representative of the Alabama Power Company.

(11) One member shall be a representative of the Tennessee Valley Authority.

(12) One member shall be a representative of Power South.

(13) One member appointed by the Alabama Farmers Federation.

(14) One member appointed by the Army Corps of Engineers.

(15) One member appointed by the Natural Resources Conservation Services.

(16) One member appointed by the Commissioner of the Department of Conservation and Natural Resources.

(17) One member who shall be a representative of a land trust headquartered in this state to be appointed by the Governor. This position shall rotate between land trusts every four years.

(18) One member appointed by Blue Cross and Blue Shield.

(19) Two members from under-represented user groups appointed by the Trails Commission.

(20) One member from an under-represented federal agency appointed by the Trails Commission.

(21) One member appointed by the Alabama Association of Resource Conservation and Development Council.

(22) One member representing railroads appointed by the Alabama Railway Association.

(b) The term of all Alabama Trails Commission Advisory Board appointees appointed after July 1, 2016, shall be for four years. The appointees may be reappointed for no more than two consecutive terms by the same appointing authority. The members of the Alabama Trails Commission Advisory Board shall serve until a successor is appointed.

(c) A vacancy on the advisory board shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Members whose terms have expired may continue to serve until replaced or reappointed.

(d) The membership of the advisory board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
Ala. Code § 41-10-421 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-421
Section 41-10-421 Real Estate Commission Building Authority Established; Composition; Powers
Status: in_force

There is hereby established the Real Estate Commission Building Authority composed of the Governor, the Chair of the Real Estate Commission, the Director of the Division of Construction Management of the Department of Finance, the Lieutenant Governor, and the Speaker of the House who together with the Board of Directors of the Real Estate Commission shall be a public corporation for the purposes herein stated. Such corporation shall have all the powers, authorities, rights, privileges, and title that may be necessary to enable it to implement the purposes of this article. The provisions of this article shall be liberally construed.
Ala. Code § 41-9-762 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-762
Section 41-9-762 Director and Other Employees
Status: in_force

Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-222.
Ala. Code § 41-4-182 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-182
Section 41-4-182 Employment of Police Officers at Capitol and Other State Buildings; Authority to Prescribe Duties and Type and Color of Uniforms; Minimum Standards for Such Officers
Status: reserved

Repealed by Act 2003-363, §3, effective September 1, 2003.
Ala. Code § 41-9-219.1 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-219.1
Section 41-9-219.1 Allocation of Tax Credits
Status: in_force

Tax credits claimed under this article shall not be saleable or transferable. Tax credits earned by a partnership, limited liability company, S corporation, or other “pass-through” entity may be allocated to the partners, members, or shareholders of that entity for their direct use in accordance with the provisions of any agreement among the partners, members, or shareholders. Any amount of tax credit that the taxpayer, or partner, member, or shareholder thereof, is prohibited from claiming in a taxable year may be carried forward to any of the taxpayer’s subsequent taxable years.
Ala. Code § 41-4-350 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-350
Section 41-4-350 Legislative Findings; Purpose
Status: in_force

(a) The Legislature of Alabama hereby finds and determines that the responsible stewardship of its state-owned and leased real property is a proper governmental function of the State of Alabama. The Legislature finds that costs for maintenance, construction, and leasing of real property in the state government comprise a significant portion of available resources. The Legislature also finds that as one of the largest owners and operators of buildings in Alabama, the state is a major consumer of energy. It is therefore the intent of Act 2015-435 to establish centralized management of real property through leasing administration, facilities maintenance and management, and construction management that consists of expanded duties in existing divisions, as well as newly established divisions, within the Department of Finance. In establishing this centralization, it is further the intent of the Legislature to establish comprehensive real property asset management practices to achieve immediate and long term cost savings and cost avoidance, to increase operational efficiency, to optimize opportunities to move from leased spaces to state-owned spaces, and to establish office space standards. The Legislature also intends to incorporate energy efficient practices and behaviors into daily and long term operations of state government which will preserve natural resources, conserve energy and water, and reduce waste.

(b) All real property owned or leased by state departments, boards, bureaus, commissions, agencies, offices and institutions shall be managed and supervised by the Department of Finance through centralized divisions. These centralized organizations shall be responsible for the management of facilities, the management of leasing of real property, the management of construction projects, space management and the management of energy efficiency efforts.
Ala. Code § 41-14-10 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-10
Section 41-14-10 Sale Passes Title to Bonds to Purchaser; Registration of Bonds in Name of Purchaser
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2000-748, 2000 REGULAR SESSION, EFFECTIVE JANUARY 1, 2001.
Ala. Code § 41-10-42 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-42
Section 41-10-42 Designation of Official for Certifications
Status: in_force

The president of the authority is hereby designated as the state official authorized to make certifications required by Section 149(e)(2)(F) of the code.
Ala. Code § 41-9-163 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-163
Section 41-9-163 Requirements of Building Code; Erection or Acquisition of State Building or Construction or Public Schoolhouse Not Conforming to Code; Operation of Private School, Hotel, Etc., Not Conforming to Code
Status: in_force

(a) The requirements of the building code shall be such that the safety, health, general welfare, and morals of the people of Alabama thereby will be protected.

(b) It shall be unlawful for any state building or construction or any public schoolhouse which does not conform to the requirements of the building code to be erected or acquired.

(c) It shall be unlawful for any person to operate a private school, hotel, or moving picture theatre which does not meet fully the requirements of the building code unless such building was used for that purpose prior to the effective date of the code.
Ala. Code § 41-9-193 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-193
Section 41-9-193 Length of Term
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 § 41-10-634 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-634
Section 41-10-634 Application of Other Laws
Status: in_force

Articles 2 and 3 of Chapter 16 of this title, and other similar laws shall not apply to the authority, its directors, or any of its officers, agents, or employees in their capacities as such.
Ala. Code § 41-21-4 — Alabama Code / Title 41 / Chapter 21 / Section 41-21-4
Section 41-21-4 Contract to Publish Code Not Subject to Competitive Bid Laws; Sale of Code by Contractor
Status: in_force

(a) Any contract to publish the official code of the statutes of Alabama under Section 29-7-6 may relate to any medium or form of the code and shall not be subject to the competitive bid laws of the state, including, but not limited to, Article 2 (commencing with Section 41-16-20) and Article 3 (commencing with Section 41-16-50) of Chapter 16 of this title.

(b) A person under contract with the state to publish the official code of the statutes of Alabama may sell the code or any portion of the code, in any form or medium, pursuant to the contract to any person, firm, or corporation within or outside the state, if it is sold at prices determined and fixed by the publisher and the Legislative Council.
Ala. Code § 41-9-926 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-926
Section 41-9-926 Acceptance of Gifts, Grants, Etc.; Tax Exempt; Entrance Fees; Concessions
Status: in_force

The board may solicit and accept public or private donations, grants, contributions, property, or services, and all gifts made to the board shall be exempt from all taxation in Alabama. The board is authorized to set and charge reasonable entrance fees to view the museum and related exhibits. The board may also provide for concessions in accordance with state law and charge or receive reasonable fees therefor.
Ala. Code § 41-9-601 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-601
Section 41-9-601 Obtaining, Etc., of Criminal Offender Record Information Under False Pretenses, Falsification of Information, Etc
Status: in_force

Any person who willfully requests, obtains, or seeks to obtain criminal offender record information under false pretenses or who willfully communicates or seeks to communicate criminal offender record information to any agency or person except in accordance with this article, or any member, officer, employee, or agent of AJIC, ALEA, or any participating agency who willfully falsifies criminal offender record information or any related records, for each offense, shall be fined not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) or imprisoned in the state penitentiary for not more than five years or both.
Ala. Code § 41-8A-8 — Alabama Code / Title 41 / Chapter 8A / Section 41-8A-8
Section 41-8A-8 Regional Advisory Boards and Planning Units - Establishment; Composition; Purpose; Membership; Officers and Staff Generally
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-16-76 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-76
Section 41-16-76 Promulgation of Rules and Regulations
Status: reserved

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

The Director of Finance, through the Division of Purchasing, may promulgate rules or regulations necessary for the implementation of this article. The rules and regulations shall be issued in accordance with the Alabama Administrative Procedure Act. Nothing in this article shall be construed as giving purchasing authority to any state agency, department, board, bureau, commission, authority, public corporation, or instrumentality that does not otherwise have the purchasing authority.
Ala. Code § 41-10-45.4 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-45.4
Section 41-10-45.4 Repayment of Loans
Status: in_force

(a) In order to provide for the repayment of a loan by a qualifying borrower for a project, the qualifying borrower is hereby authorized and empowered to do and perform any one or more of the following:

(1) To obligate itself to pay to the authority at periodic intervals a sum sufficient to repay the authority loan according to the terms thereof;

(2) To levy, collect, and pay over to the authority and to obligate itself to continue to levy, collect, and pay over to the authority the proceeds of any fee, charge, license, permit, tax, or other source of revenue;

(3) To undertake and obligate itself to pay its contractual obligation to the authority solely from the proceeds from any one or more of the sources specified in paragraph (2), or to impose upon itself a general obligation pledge to the authority additionally secured by a pledge of any one or more of such sources;

(4) To obligate itself to continue to levy and collect such revenues, fees, and charges in such amounts as shall be required by the authority;

(5) As evidence of its obligation to repay any loan made by the authority, to issue its bonds, warrants, or other obligations;

(6) As security for its obligation to repay any loan made by the authority, to contract for letters of credit in favor of the authority, to execute and deliver mortgages on any of its property in favor of the authority, to obtain and provide guaranties of its obligation to the authority, or to provide any other security as may be requested by the authority; and

(7) To enter into such agreements, to perform such acts, and to delegate such functions and duties as its governing body shall determine to be necessary or desirable to enable the authority to fund a loan to the public body to aid it in the construction or acquisition of a project.

(b) The authority may pledge any of the foregoing as set forth in subsection (a) to repayment of project obligations or refunding project obligations.

(c) In the event of default, the authority may accelerate all principal and interest on any loan and utilize any other available remedies under state law.
Ala. Code § 41-10-46.01 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-46.01
Section 41-10-46.01 Investment by Qualified Funds
Status: in_force

(a) Any qualified fund may invest at least three percent of its corpus in one or more approved opportunity funds.

(b) The following terms shall have the following meanings:

(1) “ADECA” shall mean the Department of Economic and Community Affairs.

(2) “Approved opportunity fund” shall mean any fund approved by ADECA as meeting all of the following:

a. ADECA determines that the fund has the capacity to improve Alabama’s low-income opportunity zone communities by approving an application showing all of the following:

1. The amount of existing committed capital or potential to raise committed capital.

2. The investment track record or strength of the applicant’s management team.

3. The existing project pipeline or strategy for developing new pipeline.

4. The fund structure and anticipated returns within that fund structure.

5. The presence of sound legal, accounting, and compliance policies and procedures.

6. A strategy for measuring, tracking, and annual reporting to ADECA on how the approved opportunity fund is achieving investment outcomes set forth in its applications.

7. One or more clear and demonstrable partnerships with local or statewide public or nonprofit entities to ensure community engagement.

b. ADECA determines that the fund has committed to deploying a substantial portion of its capital into qualified opportunity zone property in Alabama within one or more of the following asset classes:

1. Rural areas described in Section 40-18-376.1(a).

2. Technology companies which meet all the criteria in Section 40-18-376.3(c), or facilities to house such companies.

3. Companies or projects described in Section 40-18-372(1), or facilities to house such companies or projects.

4. Workforce training.

5. Affordable housing, in which case the burden shall be on the fund to demonstrate rent levels charged and why those rents are appropriate for a particular geographic area.

6. Remediation of blighted or abandoned property, in which case the burden shall be on the fund to demonstrate why targeted properties qualify as blighted or abandoned.

7. Revitalization of distressed urban neighborhoods, in which case the burden shall be on the fund to demonstrate why a neighborhood is distressed and why its investment strategy will revitalize the neighborhood.

8. Companies or projects that will have substantial, measurable impact on social, environmental, or economic conditions in low-income areas, or facilities to house such companies or projects, in which case the burden shall be on the fund to demonstrate why such companies or projects will have such substantial effects.

c. In addition, ADECA may determine that a fund meets paragraph b. if it can demonstrate that it will create substantial wealth within and for residents of Alabama’s low-income and rural communities and will directly track the wealth created.

d. The fund commits to investing at least 75 percent of its committed capital in qualified opportunity zone property located in Alabama. ADECA shall adopt rules for determining whether an investment in a corporation or partnership should be considered to be located in Alabama. For purposes of this paragraph, qualified opportunity zone property shall have the meaning given to it in 26 U.S.C. § 1400Z-2(d)(2), and shall also include a property located in a low-income community as defined by 26 U.S.C. § 45(D)(e).

(3) “Qualified funds” are each of the following:

a. The Alabama Trust Fund created by Amendment No. 450 to the Constitution of Alabama of 1901, now appearing as Section 219.02 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

b. The Alabama Game and Fish Fund created by Section 9-2-20, the Alabama Game and Fish Endowment Fund created by Section 9-2-20.1, and the Alabama Nongame Wildlife Endowment created by Section 9-2-20.2.

c. The Alabama Marine Resources Endowment Fund created by Section 9-11-23 and the Marine Resources Fund referred to in that section.

d. The Alabama Corrections Institution Finance Authority funds referred to in Chapter 2 of Title 14.

e. The Public Health Finance Authority funds described in Chapter 3A of Title 22.

f. The Public Road and Bridge funds described in Chapter 6 of Title 23.

g. The Unemployment Compensation Trust Fund created by Section 25-4-30.

h. The Mental Health Finance Authority funds described in Article 11 of Chapter 10 of Title 41.

i. The Incentives Financing Authority funds described in Division 1 of Article 16 of Chapter 10 of Title 41.

j. The Alabama Senior Services Trust Fund created by Section 41-15C-1.

k. Any fund or funds representing two or more of the funds listed in paragraphs a. through j.

(c) ADECA may charge application fees for the powers and responsibilities delegated to it herein, and it may charge fees for its financial and oversight audits of the funds. ADECA may retain consultants to assist it with the powers and responsibilities delegated to it herein.
Ala. Code § 41-10-509 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-509
Section 41-10-509 Enforcement Upon Default
Status: in_force

If there be any default by the authority in the payment of the principal of or interest on the bonds or in any of the agreements on the part of the authority which may properly be included in any resolution or indenture of trust securing such bonds, any holder of any of the bonds or the trustee for the bondholders under any resolution or indenture of trust, if so authorized therein, may, by an action, mandamus, or other proceedings, enforce payment of such items and foreclosure upon any mortgage or security interest granted as security for such bonds and compel performance of all duties of the directors and officers of the authority and shall be entitled, as a matter of right and regardless of the sufficiency of any such security or the availability of any other remedy, to the appointment of a receiver with all the power of such receiver for the maintenance, insurance, and leasing of the facilities and property covered by such resolution or such indenture of trust and the collection and application of the receipts therefrom. Any such resolution or indenture of trust may contain provisions regarding the rights and remedies of any trustee thereunder and the holders of the bonds and may contain provisions restricting the individual rights of action of the holders of the bonds.
Ala. Code § 41-10-655 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-655
Section 41-10-655 Debt Service
Status: in_force

There is hereby irrevocably pledged and appropriated such amount of pledged revenues deposited in the special fund, and earnings thereon, as may be necessary to pay and to redeem prior to their respective maturities the principal, interest and premium, if any, on the bonds; provided, however that the bonds may not be issued in principal amounts and maturities such that the debt service payable on such bonds may ever be greater than the amounts permitted by Division 1.
Ala. Code § 41-21-6 — Alabama Code / Title 41 / Chapter 21 / Section 41-21-6
Section 41-21-6 Taking of Receipts from Officers, Etc., to Whom Sets of Code Distributed; Maintenance by Secretary of State of Record Book as to Distribution of Sets of Code
Status: in_force

It shall be the duty of the Secretary of State to take receipts from each public official of the state and of the several counties to whom he or she distributes sets of said annotated code. And, in the event that the Secretary of State shall transmit sets for the use of all of the officers of a county to one officer of the county for distribution to the several officers in said county entitled thereto, the officer making such distribution shall take receipts from the officers, agents or employees in said county to whom he or she distributes said sets, showing the number of sets distributed and the date of distribution, which said receipts must be witnessed by the officer distributing the same, and said receipts shall forthwith be sent by registered mail to the Office of the Secretary of State.

The Secretary of State shall register in a well-bound book, which shall be a permanent record in his or her office, the name, official title and address of every public official, employee, or agent of the state and of the several counties thereof to whom has been distributed sets of said annotated code under the provisions of this chapter, and who has signed a receipt therefor and shall record the date of said distribution and the number of sets distributed to each such officer, agent, or employee. Upon the return of any sets by officers, agents, and employees of the state or of any county thereof, as provided in this chapter, the Secretary of State shall note in said record book the date of said return and the number of sets or volumes returned.
Ala. Code § 41-6-6 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-6
Section 41-6-6 Director - Oath of Office; Director to Be Commissioned
Status: in_force

The director shall take an oath of office as other public officials and shall be commissioned in like manner.
Ala. Code § 41-4-137 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-137
Section 41-4-137 Special Procurement for Small Purchases
Status: in_force

Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency, with prior public notice, may initiate a procurement above the small purchase amount specified in Section 41-4-134 when the officer or agency head determines that an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest. Any special procurement under this section shall be made with as much competition as is practicable under the circumstances. A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the Chief Procurement Officer or the head of the purchasing agency in the contract file. The Chief Procurement Officer shall publish an annual report, subject to Section 41-4-115, that describes all determinations made under this section during the prior calendar year.
Ala. Code § 41-14-50 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-50
Section 41-14-50 Short Title; Legislative Intent
Status: in_force

This article shall be known as the Linked Deposit Program of 2007. The purpose of this article is to enhance the George Wallace, Jr., Plan for Linked Deposits of 1988 and further stimulate growth and development in agricultural and small business operations, and to provide disaster relief funds to citizens, by authorizing the State Treasurer to invest a portion of the portfolio of the state with participating eligible lending institutions in a below market rate deposit which links the deposit to a reduced rate loan to eligible borrowers.
Ala. Code § 41-1-94 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-94
Section 41-1-94 Compliance by Constitutionally Created Boards of Trustees
Status: in_force

It is the intent of the Legislature that all constitutionally created boards of trustees comply with the requirements of this article.
Ala. Code § 41-9-188 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-188
Section 41-9-188 Cooperation of Director of State Bureau of Tourism and Travel
Status: in_force

The authority of the State Bureau of Tourism and Travel to plan and conduct all state programs of information and publicity designed to attract tourists to the State of Alabama is hereby confirmed and continued; provided, however, that the Director of the State Bureau of Tourism and Travel shall cooperate to the fullest possible extent with the Alabama Industrial Development Advisory Board and the Director of the Alabama Department of Commerce, toward the end that an integrated program of economic expansion and promotion may be pursued by the public agencies of this state.
Ala. Code § 41-28-11 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-11
Section 41-28-11 Written Approval of Office Required for Lease, Purchase, Etc., by State Agency of Information Technology Equipment, Services, Etc
Status: in_force

No state agency shall rent, lease, lease to purchase, or in any way own or pay for the operation of any telecommunications, information technology, or cybersecurity equipment, system, or related services or computer networks out of any funds available for that purpose without the written approval of the office.
Ala. Code § 41-23-23 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-23
Section 41-23-23 Applications; Selection of Zones; Enterprise Zone Advisory Council
Status: reserved

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

Selection of zones and the general guidelines for implementation of the provisions of this article shall be as follows:

(1) The Alabama Department of Economic and Community Affairs shall see that all applications are processed as follows:

a. The state or any governmental entity in the proposed area may submit an application for zone designation.

b. Each application should provide a statement of incentives being offered by the governmental entities, such as:

1. Regulatory relief or waiver;

2. Services provided;

3. Tax incentives;

4. Other nontax incentives.

c. It is contemplated that state, county, and/or municipal governments may devise an innovative package of local incentives in their respective jurisdictions and aggressively pursue zone designation.

(2) Zones shall be selected by the department, with input from the advisory council, which shall have the responsibility for the general implementation of the law.

(3) An Enterprise Zone Advisory Council consisting of members of the Alabama Department of Commerce, Southern Development Council, Department of Labor, Department of Education, State Department of Transportation, Department of Environmental Management, Department of Agriculture and Industries, Department of Revenue, and other qualified individuals or organizations shall be appointed by the Governor with provisions to insure geographic representation of rural and urban areas. This council shall be limited to 11 representatives and shall serve at the pleasure of the Governor.
Ala. Code § 41-9-621 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-621
Section 41-9-621 Powers and Duties of Commission as to Collection, Dissemination, Etc., of Crime and Offender Data, Etc
Status: in_force

The commission, acting through the secretary, shall do all of the following:

(1) Develop, operate, and maintain information systems that will support the collection, storage, retrieval, analysis, and dissemination of criminal justice information, other data that will aid crime fighting and public safety, including data from license plate readers, biometrics and geospatial information, and data from automated-data collection systems operated by criminal justice agencies consistent with those principles of scope, security, and responsiveness prescribed by this article. The commission may adopt rules and policies regarding the collection, use, storage, dissemination, and transmittal to ALEA of this information by criminal justice agencies within the state. The information in these systems is privileged, not public record, and subject to the same criminal penalties for misuse as provided in Sections 41-9-601 and 41-9-602.

(2) Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards and related training assistance necessary for the uniform operation of the statewide ALEA crime reporting and criminal justice information systems.

(3) Offer assistance and, when practicable, instruction to all criminal justice agencies in establishing efficient systems for information management.

(4) Compile statistics on the nature and extent of crime in Alabama and compile data for planning and operating criminal justice agencies; provided, the statistics shall not identify persons. The commission shall make available all statistical information obtained to the Governor, the Legislature, the judiciary, and any other governmental agencies whose primary responsibilities include the planning, development, or execution of crime reduction programs. Access to information by governmental agencies shall be on an individual written request basis or in accordance with the commission-approved operational procedure. A governmental agency must demonstrate a need to know, the intent of any analyses and dissemination of such analyses, and shall be subject to any security provisions deemed necessary by the commission.

(5) Periodically publish statistics, no less frequently than annually, that do not identify persons and report such information to the chief executive officers of the agencies and branches of government concerned; the information shall accurately reflect the level and nature of crime in this state and the general operation of the agencies within the criminal justice system.

(6) Make available, upon request, to all criminal justice agencies in this state, to all federal criminal justice and criminal identification agencies, and to state criminal justice and criminal identification agencies in other states, any information in the files of ALEA that will aid these agencies in crime fighting and public safety; for this purpose ALEA shall operate 24 hours per day, seven days per week. The commission may adopt rules and policies to share criminal justice information with international criminal justice agencies.

(7) Cooperate with other agencies of this state, the crime information agencies of other states, and the uniform crime reports and national crime information center systems of the Federal Bureau of Investigation or any entity designated by the federal government as the central clearinghouse for criminal justice information systems in developing and conducting an interstate, national, and international system of criminal identification, records, and statistics.

(8) Provide the administrative mechanisms and procedures necessary to respond to those individuals who file requests to view their own records as provided for elsewhere in this article and to cooperate in the correction of the central ALEA records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of the individual.

(9) Institute the necessary measures in the design, implementation, and continued operation of the criminal justice information systems to ensure the privacy and security of the systems. Any privacy and security measures must meet standards to be set by the commission as well as those set by the nationally operated systems for interstate sharing of such information.

(10) Designate in writing agents or employees of ALEA who shall be and are constituted law enforcement officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the laws of this state pertaining to the operation and administration of the information systems regulated through the authority of the commission and the storage, use, and dissemination of information processed therein.

(11) a. Establish guidelines for violations of data reporting or unlawful dissemination.

b. The measures established may include, but are not limited to, any of the following:

1. Suspension of access to ALEA information systems pending investigation.

2. Temporary or permanent suspension of access to ALEA information systems if it is determined a violation occurred.

3. Implementation of a user agency’s administrative sanction.

4. Pursuance of prosecution for misuse of information.

5. Denial of access if convicted of any criminal offense.

c. For the purpose of this section, the commission and ALEA shall be exempt from Sections 41-22-12 through 41-22-21, inclusive.
Ala. Code § 41-23-174 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-174
Section 41-23-174 Powers. (Amended by Act 2026-324)
Status: in_force

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

For the purpose of accomplishing the duties enumerated in Section 41-23-173, the authority shall have the following powers:

(1) To acquire by purchase or gift any real, personal, or mixed property necessary or convenient in connection with the purpose for which the authority is formed and to hold title to such property, together with all rights incidental to its estate in such property.

(2) To lease all or any part of the facilities or property of the authority to any person and, from time to time, fix, revise, charge, and collect rentals under such leases.
Ala. Code § 41-4-133 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-133
Section 41-4-133 Competitive Sealed Proposals
Status: in_force

(a)(1) A contract may be entered into by competitive sealed proposals when the Chief Procurement Officer or the head of a purchasing agency, in accordance with rules, determines that the use of competitive sealed bidding is either not practicable or not advantageous to the state. Unless determined otherwise by the Chief Procurement Officer, professional services shall be procured by competitive sealed proposals.

(2) The Chief Procurement Officer may determine by rule when it is either not practicable or advantageous to the state to procure specified types of supplies or services by competitive sealed bidding.

(b) Proposals shall be solicited through a request for proposals.

(c) Adequate public notice of the request for proposals shall be given in the same manner as provided in subsection (c) of Section 41-4-132.

(d) Proposals shall be opened so as to avoid disclosure of contents to competing offerors prior to contract award. A register of proposals shall be prepared in accordance with rules and shall be open for public inspection after award of the contract.

(e) A request for proposals shall state the relative importance of price and other factors and subfactors, if any.

(f) Discussions may be conducted with responsible offerors who submit proposals determined by the Chief Procurement Officer or purchasing agency to be reasonably competitive for award to assure full understanding of, and responsiveness to, the solicitation requirements. The determination of the Chief Procurement Officer or purchasing agency is not subject to review. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Revisions of proposals may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there may not be disclosure of any information derived from proposals submitted by competing offerors.

(g) Contracts shall be awarded to the responsible offeror whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. Public notice of the award of a contract shall be promptly given.

(h) The Chief Procurement Officer may provide debriefings that furnish the basis for the source selection decision and contract award.

(i)(1) Before soliciting proposals, the Chief Procurement Officer may authorize issuance of a request for qualifications from prospective offerors. The request shall contain, at a minimum, a description of the scope of work to be solicited by the request for proposals, the deadline for submission of information, and how prospective offerors may apply for consideration. The request shall require information concerning the prospective offeror’s 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 same manner as provided in subsection (c) of Section 41-4-132.

(2) After receipt of the responses to the request for qualifications from prospective offerors, all qualified offerors, as determined by the Chief Procurement Officer, shall have an opportunity to submit proposals. The determination regarding which offerors are qualified is not subject to review.

(3) If a professional service provider is prohibited by law or policy from submitting proposals in response to a request for proposals, the Chief Procurement Officer or purchasing agency shall utilize the request for qualifications process to determine the awardee.

(j)(1) In addition to the requirements of Section 34-11-35.1(d) or any rule adopted thereunder, the professional services of architects, landscape architects, engineers, land surveyors, and geoscientists shall be procured in accordance with competitive, qualification-based selection policies and procedures. Selection shall be based on factors to be developed by the procuring state entity which may include, among others, the following:

a. Specialized expertise, capabilities, and technical competence, as demonstrated by the proposed approach and methodology to meet project requirements.

b. Resources available to perform the work, including any specialized services within the specified time limits for the project.

c. Record of past performance, quality of work, ability to meet schedules, cost control, and contract administration.

d. Availability to and familiarity with the project locale.

e. Proposed project management techniques.

f. Ability and proven history in handling special project contracts.

(2) Notice of a need for professional services shall be widely disseminated to the respective professional community in a full and open manner. Procuring state entities shall evaluate professionals that respond to the notice of need based on the state entity’s qualification-based selection process criteria. The procuring state entity shall then make a good faith effort to negotiate a contract for professional services from the selected professional after first discussing and refining the scope of services for the project with the professional.

(3) For those governmental bodies subject to the requirements of this article, where the Division of Construction Management of the Department of Finance has set a fee schedule for the professional services sought, the fees shall not exceed the schedule without approval of the Director of the Division of Construction Management and the Governor.
Ala. Code § 41-4-14 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-14
Section 41-4-14 Use of Funds in Sinking Fund - Books to Be Kept Showing Full Entries as to Sinking Fund
Status: in_force

The Director of Finance shall keep a separate book in which separate and full entries shall be made as to all deposits of sinking funds, which entries shall show with what bank deposited, or from whom bonds or other obligations are purchased and the terms of the deposit or the purchase. In the event any sinking fund is used for the purchase of any interest-bearing bonds or other obligations of the state, the book entries shall show the amount of the funds so used and from whom the bonds or obligations were purchased. In the event any sinking fund or part thereof is used for the purchase of any bond or obligation under Section 41-4-12, for which the particular sinking fund so used was intended and created, which is authorized to be cancelled and retired when so purchased, the book entries shall show the particular fund so used, the amount thereof and the time, character and denomination of the bond, coupon or other obligation so purchased, which is authorized to be cancelled, destroyed and retired, together with the necessary and proper entry as is hereinbefore provided, showing when such bonds, coupons, or obligations were cancelled, destroyed, or retired.
Ala. Code § 41-10-93 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-93
Section 41-10-93 Authority for Issuance of Bonds by Corporation; Liability Upon Bonds; Form, Terms, Denominations, Etc.; Redemption; Sale; Payment of Expenses in Connection with Authorization, Sale and Issuance; Bonds to Contain Recital as to Authority for Issuance; Bonds to Be Deemed Negotiable Instruments
Status: in_force

The corporation is authorized at any time and from time to time to issue its interest-bearing revenue bonds for the purpose of acquiring, constructing, improving, enlarging, completing, and equipping one or more projects. The principal of and interest on any such bonds shall be payable solely out of the rent, revenues, and income derived from the project with respect to which such bonds are issued. None of the bonds of the corporation shall ever constitute an obligation or debt of the state, the county or the municipality or a charge against the credit or taxing power of the state, the county or municipality.

The bonds of the corporation may be in such form and denomination, may be of such tenor, may be coupon bonds and may be payable to bearer or be registrable as to principal only or as to both principal and interest, may mature at such time or times, not exceeding 30 years from their date, may be payable at such place or places, whether within or without the state and, may bear interest at such rate or rates, payable and evidenced in such manner as shall not be inconsistent with the provisions of this article and as may be provided in the proceedings of the board wherein the bonds shall be authorized to be issued.

Any bond having a specified maturity of more than 10 years after its date shall be made subject to prior redemption at the option of the corporation at a time not later than the expiration of 10 years from its date and on any interest payment date thereafter, at such price or prices, not exceeding the par value thereof plus accrued interest thereon to the redemption date plus a premium which shall not exceed 12 months interest thereon, computed at the rate which such bond would bear on the redemption date as specified therein, if such option had not been exercised, and after such notice or notices and on such terms and in such manner as may be provided in the indenture or the proceedings of the board wherein such bond is authorized to be issued.

The bonds of the corporation shall be sold at public sale, on sealed bids or at auction, as the board may determine to be most advantageous and on such prior published notice as the board shall determine.

The corporation may pay all expenses, premiums, and commissions which the board may determine to be necessary or advantageous in connection with the authorization, sale and issuance of its bonds.

All bonds shall contain a recital that they are issued pursuant to the provisions of this article, which recital shall be conclusive that they have been duly authorized pursuant to the provisions of this article.

All bonds issued under the provisions of this article shall be and they hereby are declared to be negotiable instruments under the laws of the state, despite the fact that they are payable from a limited source.
Ala. Code § 41-9-253 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-253
Section 41-9-253 Cahawba Historical Site - Powers of Commission; Payment of Expenses
Status: in_force

The Alabama Historical Commission may acquire title, possession, or control of such properties and also of objects of historic interest at the Cahawba Historical Site as it may deem necessary or proper to be maintained, preserved, and protected on behalf of the State of Alabama and may acquire, by purchase, construction, lease, gift, condemnation, or otherwise, lands and rights in land, including leaseholds and easements, and water rights in the rivers and lands adjacent to or in the immediate vicinity of Cahawba. The commission’s power of eminent domain may be exercised under Title 18 and any amendments thereto, or pursuant to any other general statutory provision enacted for the exercise of the power of eminent domain. The commission may mark in suitable manner the places or locations of historic interest at such point and prepare and publish for distribution pamphlets or other printed matter with respect thereto. The expenses incurred for such purposes by the historical commission shall be paid out of any appropriation made to the commission, upon warrant drawn by the Comptroller, supported by an itemized account thereof approved by the board of trustees and by the Governor.
Ala. Code § 41-7-2 — Alabama Code / Title 41 / Chapter 7 / Section 41-7-2
Section 41-7-2 Director of Publicity; Division and Unit Heads; Assistants and Employees; Welcome Center Workers; Capitol Hostesses
Status: in_force

The department shall be in charge of a Director of Publicity. The director shall be appointed by and serve at the pleasure of the Governor. The Governor shall fix the compensation of the director in accordance with the provisions of Section 36-6-6. The director shall appoint division and unit heads and such assistants and employees as may be necessary to the efficient operation of the department. All employees of the department shall be subject to the provisions of the Merit System Act. It is further provided, however, that all persons employed by the department for positions in state welcoming centers as of June 22, 1979, shall retain their employment positions with the department. All such persons so retained by the department shall immediately receive all benefits and privileges of the state Merit System law in the same manner and to the same extent as other Merit System employees of the state. All persons employed by the department after June 22, 1979, shall be employed subject to the provisions of the state Merit System law and such other state and federal laws, including state and federal court requirements and mandates, as may be applicable. It is further provided that any person, who is now serving as a Capitol hostess, and has been so employed for a period of 12 months immediately preceding June 22, 1979, without Merit System status, shall become an employee of the department with automatic classification under the state Merit System as a welcome center worker. The duties of such person shall include assignment to the Capitol building as a hostess.
Ala. Code § 41-9-343 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-343
Section 41-9-343 Executive Committee
Status: in_force

The commission may, at its discretion, create and provide for an executive committee of not fewer than five members and delegate to such committee such powers and authority as are deemed advisable by the commission; except, that the executive committee may not be empowered to issue revenue or any other bonds or execute any lease or contract for a period in excess of one year or execute any contract for an amount in excess of $100,000.00. The commission shall notify the Governor when any member misses three consecutive meetings and the commission shall recommend that said member shall be removed by the Governor for cause.
Ala. Code § 41-4-54 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-54
Section 41-4-54 Accounts Against State to Be Itemized
Status: in_force

All accounts against the state must be accurately and fully itemized.
Ala. Code § 41-19-9 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-9
Section 41-19-9 Responsibilities of Legislature as to Consideration and Adoption of Program and Financial Plan, Etc. - Balancing of Authorized Expenditures and Estimated Revenues and Resources
Status: in_force

The Legislature shall consider the Governor’s proposed comprehensive program and financial plan, evaluate alternatives to the Governor’s recommendations and determine the comprehensive program and financial plan to support the services to be provided the citizens of the state; provided, however, that in such determination authorized expenditures shall not exceed estimated revenues and resources.
Ala. Code § 41-10-842 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-842
Section 41-10-842 Application for Tax Credits; Requirements
Status: in_force

(a) An economic development organization may apply to Innovate Alabama for Innovating Alabama tax credits to undertake any of the following projects:

(1) The creation, operation, or support of an accelerator for technology companies, provided that the application is accompanied by an economic impact report. Technology companies shall include companies that earn or reasonably expect to earn at least 75 percent of their revenues from sources described in Section 40-18-376.3(c)(1).

(2) The creation, operation, or support of programs designed to provide funding, workforce development, or other resources for an innovative company that meets either of the following criteria:

a. The company is a for-profit business headquartered in a community eligible for investment through the federal New Markets Tax Credit program under 26 U.S.C. § 45D(e) as those communities were identified as of January 1, 2015, or in such a community identified thereafter , predominantly conducting an activity in an innovative industry, has fewer than 15 employees at the time the funding agreement is executed, and has average gross revenues of less than one million dollars ($1,000,000) in the company three years prior to the execution of the funding agreement.

b. The company is a for-profit business that is headquartered in Alabama, predominantly conducting an activity in an innovative industry, has fewer than 75 employees at the time the funding agreement is executed, and that is at least 51 percent owned and controlled by one or more individuals who are United States Citizens and who are women or African American. As used in this subdivision, an innovative industry includes advanced manufacturing, aerospace, agriculture, bioscience, biotechnology, electronics, energy and natural resources, engineering, life sciences, and information technology industries, and any other innovative industry as determined by Innovate Alabama in its sole discretion.

(b) The application provided in subsection (a) shall include proof that the economic development organization has in full force and effect a conflict of interest policy consistent with that found in the instructions to Form 1023 issued by the Internal Revenue Service.

(c) The application provided in subsection (a) shall include a notarized affirmation by an officer of the economic development organization that the submission of the application did not violate the conflict of interest policy referred to in subsection (b).
Ala. Code § 41-10-626 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-626
Section 41-10-626 Bonds of the Authority
Status: in_force

(a) General. The authority is authorized from time to time to sell and issue its bonds in limited amounts and for the purpose of promoting economic development and industrial recruitment as specified by the Legislature from time to time by separate act, provided that refunding bonds may be issued by the authority pursuant to Section 41-10-627 without first obtaining separate authorization from the Legislature.

(b) Sources of payment. Bonds issued by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state. Such bonds 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 income or proceeds realized by the authority under any mortgage or security granted to the authority.

(3) Amounts derived from any letter of credit, insurance policy, or other form of credit enhancement applicable to the bonds.

(4) Any reserve or other fund established for such purpose by the authority.

(5) Any earnings on the proceeds of bonds invested by the authority pending their disbursement.

(6) Any other revenues that may hereafter be available to the authority.

All pledges of appropriated funds made by the authority shall be on a parity unless otherwise provided by the Legislature, it being the intention hereof that all bonds of the authority secured by a pledge of appropriated funds shall be equally and ratably so secured without regard to time of issuance. Bonds issued by the authority shall be construed to be negotiable instruments, although payable solely from a specified source, as provided herein.

(c) Security for the bonds. The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the appropriated funds or other monies and property available to the authority and may be secured by a trust indenture evidencing such pledge or by a foreclosable mortgage and deed of trust conveying as security for such bonds all, or any part, of the authority’s property. The resolution under which the bonds are authorized to be issued or any such trust indenture or mortgage may contain any agreements and provisions respecting the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit for whom such instrument is made and the rights and remedies available in the event of default as the authority shall deem advisable and which are not in conflict with the provisions of this division.

(d) General provisions respecting form, sale, and execution of the bonds. All bonds issued by 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 a public or private sale from time to time as the directors may consider advantageous. Such bonds may be issued in the form of current interest bonds or capital appreciation bonds and may be issued as serial bonds or term bonds, all as may be directed by the authority.

(e) Other matters. Any bonds of the authority 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 and bonds of the authority. 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 shall be legal investments for funds of the Teachers’ Retirement System of Alabama, the Employees’ Retirement System of Alabama, and the State Insurance Fund.
Ala. Code § 41-9-953 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-953
Section 41-9-953 Executive Committee; Membership; Delegation of Powers and Authority
Status: in_force

The commission may, at its discretion, create and provide for an executive committee of not fewer than five members and delegate to the committee powers and authority as are deemed advisable by the commission; except that the executive committee may not be empowered to issue revenue or any other bonds or execute any lease or contract for a period in excess of one year or execute any contract for an amount in excess of fifty thousand dollars ($50,000).
Ala. Code § 41-4-128 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-128
Section 41-4-128 Collection and Preparation of Statistical Data
Status: in_force

The Chief Procurement Officer shall collect and prepare statistical data concerning the procurement of all supplies and services and employ trained personnel as may be necessary to carry out this function. All using agencies shall furnish reports as required by the Chief Procurement Officer concerning usage, needs, and stocks on hand. The Chief Procurement Officer may prescribe forms to be used by the using agencies in the requisitioning, ordering, and reporting of supplies and services.
Ala. Code § 41-9-170 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-170
Section 41-9-170 Definitions
Status: in_force

When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) Commission. The Construction Management Division of the Department of Finance. (2) Director. The Director of the Technical Staff of the Construction Management Division of the Department of Finance. (3) Code. The state building code to be adopted by the Construction Management Division of the Department of Finance.
Ala. Code § 41-10-368 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-368
Section 41-10-368 Authority Is Nonprofit Corporation
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 § 41-9-981 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-981
Section 41-9-981 Legislative Findings
Status: in_force

The Legislature finds and declares the following:

(1) During the period from 1933-1945, six million Jews and millions of other Europeans were murdered in Nazi concentration camps as part of a carefully orchestrated program of cultural, social, political, and ethnic genocide known as the Holocaust.

(2) All people should remember the horrible atrocities committed at that time and other times in human history as the result of bigotry, discrimination, and the abuse of power and should continually rededicate themselves to the principles of human rights and equal protection under the laws of this democratic society.

(3) It is desirable to educate Alabama citizens about the events leading up to the Holocaust and about organizations, institutions, and facilities that were created and used purposefully for the systematic destruction of human beings.

(4) It is the policy of the State of Alabama that Holocaust education is the proper concern of all peoples.

(5) Although annual commemorations for the remembrance of the Holocaust, programs, workshops, institutes, seminars, and other teacher-training activities for the study of the Holocaust have taken place on a limited basis during recent years in Alabama, it is now desirable to create a permanent state-level commission.

(6) The commission, as an organized body, shall survey, design, encourage, and promote implementation of ongoing Holocaust education and awareness programs of the Holocaust throughout the state.
Ala. Code § 41-1-71 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-71
Section 41-1-71 Use of Funds for Functions in Addition to Designated Purposes
Status: in_force

Any other law or laws to the contrary notwithstanding, a state entity which receives state tax receipts which are designated for a particular purpose may in addition to the designated purpose expend those funds for other functions within the entity in order to offset the reduction in other funding for any given year. The flexibility provided by this section shall not apply to funds which are constitutionally dedicated for a specific purpose or to Medicaid provider taxes from hospitals, nursing homes, and pharmacies and Medicaid intergovernmental transfers from public hospitals and public nursing homes, or to funds otherwise designated by the federal government or state or federal court order, or to portions of a state-levied tax that are distributed directly to counties.
Ala. Code § 41-29-353 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-353
Section 41-29-353 Availability of Data
Status: in_force

All data published to the registry shall be available to the public and shall be de-identified. Credential data shall be linked, open, interoperable, aligned with widely recognized standards, and shall allow for open access across sectors and platforms.
Ala. Code § 41-8A-7 — Alabama Code / Title 41 / Chapter 8A / Section 41-8A-7
Section 41-8A-7 State Supervisory Board - Powers and Duties of Executive Committee of Board
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-22-26 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-26
Section 41-22-26 Repeal of Inconsistent Laws
Status: reserved

It is the express intent of the Legislature to replace all provisions in statutes of this state relating to rule-making, agency orders, administrative adjudication, or judicial review thereof that are inconsistent with the provisions of this chapter. Therefore, all laws or parts of laws that conflict with this chapter are hereby repealed on October 1, 1982; provided, however, nothing contained in this section shall be construed to repeal or modify Sections 22-22-1, 22-22-4, 22-22-8 through 22-22-10, 22-22-12, and 22-22-14, authorizing the Water Improvement Commission as the state Water Pollution Control Agency to issue one stop permits for the state for all purposes of the federal Water Pollution Control Act, as amended.
Ala. Code § 41-10-2 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-2
Section 41-10-2 Alabama Building Finance Authority
Status: in_force

To the extent that such have not been heretofore exercised or discharged, all rights, powers, duties, and liabilities of the Alabama Building Finance Authority created by Act No. 658 of the 1961 Legislature, page 807, Acts of 1961, approved September 6, 1961, are hereby continued in full force and effect until such have been fully exercised and discharged. At such time as all of the rights, powers, duties, and liabilities of the said Alabama Building Finance Authority have been exercised or discharged, including specifically the payment or discharge of all bonds or other securities issued by such authority, the said authority shall perform the acts of dissolution prescribed by Section 25 of said act, and thereupon the said authority shall cease to exist.
Ala. Code § 41-6-74 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-74
Section 41-6-74 Notice
Status: in_force

(a) When the department is required to give notice of the abandonment of property or of termination of a loan, the department shall mail notice by certified mail, return receipt requested, to the last known owner at the most recent address of the owner as shown on the department’s records. If the department does not know the identity of the owner, or does not have an address for the owner, or does not receive written proof of receipt of the mailed notice within 30 days of the date the notice was mailed, the department shall publish notice, at least once each week for two consecutive weeks, in a newspaper of general circulation in both Montgomery County and the county in which the last known address, if available, of the owner, if known, is located.

(b) The published notice shall contain all of the following:

(1) A description of the unclaimed property.

(2) The name and last known address of the owner, if available.

(3) A request that all persons who may have any knowledge of the location of the owner provide written notice to the department.

(4) A statement that if written assertion of title is not presented by the owner to the department within 90 days from the date of the second published notice, the property shall be deemed abandoned or donated and shall become the property of the department.

(c) If no written assertion of title has been presented by the owner to the department within 90 days from the date of the second published notice, title to the property shall vest in the department, free of all claims of the owner and of all persons claiming under the owner.

(d) One who purchases or otherwise acquires property from the department acquires good and marketable title to the property if the department has acquired title to the property under this section.
Ala. Code § 41-10-423 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-423
Section 41-10-423 Certificate of Incorporation
Status: in_force

When the application has been made, filed, and recorded as provided in Section 41-10-422, the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate with the application, whereupon the applicants shall constitute a public corporation of the state under the name proposed in the application. No fee shall be paid to the Secretary of State for any work done in connection with the incorporation or dissolution of the authority.
Ala. Code § 41-15-10 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-10
Section 41-15-10 Premiums and Collected Earnings to Constitute Trust Fund; Surplus May Be Invested in Bonds, Stocks, Mutual Funds, Etc.; Limitations and Conditions; Requisition for Payment of Losses, Expenses, Etc
Status: in_force

All premiums and earnings collected under the provisions of this chapter shall constitute a trust fund to be applied as authorized in this chapter.

With the approval of the Governor, any surplus in the fund over a necessary working capital, which shall be determined by the Director of Finance, at not less than $400,000.00, may be invested in the bonds or other obligations of the United States, of the State of Alabama or of any agency, institution, or instrumentality of the State of Alabama. The Director of Finance shall also have the authority to invest and reinvest said state insurance trust funds in such classes of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual funds or other investments as the Finance Director with the consent of the Governor may approve, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of Alabama upon domestic life insurance companies in the making of their investments. Subject to like terms, conditions, limitations, and restrictions, the Finance Director shall have full power to hold, purchase, sell, assign, transfer, and dispose of any such investments, as well as the proceeds of said investments. The necessary working capital may also be invested and reinvested by the Finance Director in securities deemed to be cash equivalents. Any and all funds derived from operations under this chapter shall be subject to requisition by the Director of Finance, approved by the Governor, for the payment of losses, necessary expenses of administering this chapter and for investment.
Ala. Code § 41-10-514 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-514
Section 41-10-514 Leasing to State Agencies
Status: in_force

(a) The authority is hereby authorized to enter into one or more leases of all or any part or portion of the facilities constructed, acquired, reconstructed, renovated, or improved by the authority under the provisions of this article, to any agency of the state. Any agency of the state and each of them is hereby authorized to lease any such facilities from the authority. No such lease shall, however, be for a term longer than the then current fiscal year of the state, but any such lease may contain a grant to any state agency of successive options of renewing said lease on the terms specified therein for any subsequent fiscal year or years of the state; provided, that liability for the payment of rent shall never be for a term longer than one fiscal year.

(b) Rent payments by the state, or any of its agencies shall be due and payable at such time or times as shall be specified in the lease respecting the facilities leased and shall, upon being so paid, entitle the state or such agency to quiet possession of the facilities leased for such fiscal year. Said rent shall be payable, and any such covenant with respect thereto on the part of the state or any of its agencies (as the case may be) shall be performed, solely out of the current revenues of the state or such agency for such fiscal year. The rent payable and the covenants to be performed by the state or any of its agencies under the provisions of said lease shall never be deemed to create a debt of the state within the meaning of the constitution.

(c) In the event that there shall be any default in the payment of any rent required to be paid or in the performance of any covenant required to be performed by the state or any of its agencies under the provisions of any such lease, while such lease is in effect, the authority and any pledgee of such lease may, by any appropriate proceedings instituted within the time permitted by law, enforce and compel the payment of such rent and the performance of such covenants. No free use shall be made of any facilities of the authority so long as the principal of or interest on any bonds, including refunding bonds, issued by the authority remains unpaid.

(d) In the event that any facility owned by the authority should become vacant or not be used by one of the state agencies, then neither the state nor any agency, board, bureau, commission, public corporation, or department of the state shall rent, purchase, acquire, construct, or lease any facilities or renew any lease of any facilities, nor shall it use any such facilities other than those owned by the authority, so long as any facility owned by the authority shall remain vacant or unused.
Ala. Code § 41-9-432 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-432
Section 41-9-432 Powers of the Commission
Status: in_force

The commission may do all of the following:

(1) Investigate and select an available site for housing the exhibits, including the surrounding grounds, in cooperation with the Department of the Army, the community, and other interested public or private partners, taking into consideration all pertinent factors affecting the suitability of the site.

(2) Acquire by rent or lease agreement or otherwise the necessary housing facilities and establish, improve, and enlarge the available facility, including providing the facility with necessary equipment, furnishings, landscaping, and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters.

(3) Enter into contracts and cooperative agreements, including leases to private industry, with the local, state, and federal governments, with agencies of those governments, including the Department of the Army and the National Aeronautics and Space Administration, with other public or private individuals, corporations, associations, and other organizations as the commission may deem necessary or convenient to carry out the purpose of this article.

(4) Borrow money from private sources or other sources as may be acceptable to the commission under terms and conditions as may be provided by law and, in order to provide security for the repayment of any private loans, pledge future revenues from admissions and any other sources as may from time to time be necessary or desirable.

(5) Issue and sell, subject to the approval of the Governor, interest-bearing general obligation bonds not in excess of one million nine hundred thousand dollars ($1,900,000) in principal amount as authorized by constitutional amendment. The bonds shall be general obligations of the State of Alabama with full faith and credit and taxing power of the state to be pledged to the prompt and faithful payment of the principal of the bonds and the interest thereon. The proceeds from the sale of the bonds shall be used exclusively for the purpose of paying the expenses incurred in the sale and issuance thereof and for the construction, establishment, improvement, or enlargement and equipment of building facilities and related grounds, including the renewal or replacement of structural parts of the facility, but not including the purchase of the site for the facility.

(6) Issue and sell at any time and from time to time its revenue bonds for the purpose of providing funds to acquire, enlarge, improve, equip, and maintain a facility and for the payment of obligations incurred for those purposes. The principal and interest on any revenue bonds shall be payable solely out of the revenues derived from the project.

(7) Borrow money and in evidence of the borrowing issue and sell at any time and from time to time its revenue bonds, in addition to those authorized under subdivisions (5) and (6), for the purpose of carrying out the commission’s power to construct or acquire lodging facilities, as set out in Section 41-9-430, the principal of and interest on which shall be payable solely out of the revenues and receipts derived by the commission from the operation, leasing, or sale of the lodging facilities. The resolution under which the revenue bonds are authorized to be issued and any mortgage and deed of trust or trust indenture securing the same may contain any agreements and provisions respecting the operation, maintenance, and insurance of the property covered by the mortgage and deed of trust or trust indenture, the use of the revenues and receipts subject to the mortgage and deed of trust or trust indenture, the creation and maintenance of special funds from the revenues and receipts, the rights, duties, and remedies of the parties to any instrument and the parties for the benefit of whom the instrument is made, and the rights and remedies available in the event of default as the commission shall deem advisable and which are not in conflict with this section. Each pledge, agreement, mortgage, and deed of trust or trust indenture made for the benefit or security of any of the revenue bonds of the commission shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid. In the event of default in payment or in any agreements of the commission made as a part of the contract under which the revenue bonds were issued, whether contained in the proceedings authorizing those bonds or in any mortgage and deed of trust or trust indenture executed as security therefor, the payment may be enforced by mandamus, the appointment of a receiver, or either of these remedies, and foreclosure of the mortgage and deed of trust or trust indenture, if provided for in the instrument, may be had.

(8) Make contracts in the issuance of its bonds as may seem necessary or desirable to assure their marketability and provide for their retirement by a pledge of all or any revenue which may come to the commission from the investment of the proceeds of the sale of the bonds or from any other source whatsoever.

(9) Accept public or private gifts, grants, and donations.

(10) Acquire property by purchase, lease, gift, or license.

(11) Allocate and expend funds from all donations, income, and revenue from any source whatsoever coming into its treasury for the fulfillment and accomplishment of its duties and responsibilities in any manner as may be necessary and appropriate for the perfection of the purposes of this article. The treasury of the commission is not within the State Treasury.

(12) Sell, convey, transfer, mortgage, lease, or donate any property, franchise, grant, easement, license, or lease or interest therein which the commission may own; and transfer, assign, sell, mortgage, convey, or donate any right, title, or interest which it may have in any lease, contract, agreement, license, or property.

(13) Employ a chief executive officer or an executive director and additional personnel as may be necessary to accomplish the purposes of this article. The chief executive officer or executive director shall serve at the pleasure of the commission. The commission shall fix the compensation of the chief executive officer or executive director which shall be paid from the funds of the commission. The commission shall designate the duties and authority of the chief executive officer or executive director. The chief executive officer or executive director and any additional personnel shall not be subject to the state Merit System Act; provided, however, that they shall be eligible for participation, in whole or in part, in the state health insurance plan and benefits as provided in Article 1 of Chapter 29 of Title 36, and they shall be eligible for participation, in whole or in part, in the State Employees’ Retirement System under Section 36-27-6 governing counties, cities, towns, and other quasi-public organizations of the state, at the discretion of the commission. The commission and the personnel of the commission are not subject to the state calendar and other benefits provided in Section 1-3-8, and may provide, by rule, for a calendar, holiday schedule, and other employee benefits.

(14) Adopt rules as the commission deems necessary and desirable to provide for the operation, management, and control of the facility in cooperation with the Department of the Army, with the National Aeronautics and Space Administration, and with other public or private partners, where feasible.

(15) Expend funds of the commission in the development, operation, promotion, and expansion of the programs and activities of the commission including the franchising, nationally and internationally, of the United States Space Camp, a youth science program developed and owned by the commission, and create, maintain, and operate additional education programs in rocketry, space exploration, astronomy, aviation, aeronautics, robotics, computer programming, cybersecurity, and any other topic the commission deems appropriate to fulfilling the educational mission and mandate of the U.S. Space and Rocket Center.

(16) Perform other acts necessary or incidental to the accomplishment of the purposes of this article, whether or not specifically authorized in this section and not otherwise prohibited by law.
Ala. Code § 41-9-410 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-410
Section 41-9-410 Creation; Composition; Report; Compensation and Expenses
Status: in_force

(a) There is hereby created and established a continuing Women’s Commission, hereinafter referred to as the commission, which shall be composed of three members of the House of Representatives appointed by the Speaker of the House, two members of the Senate appointed by the President Pro Tem of the Senate, and the following members appointed by the Governor: One member shall be appointed from each congressional district and three members shall be appointed from the state-at-large. The additional at-large membership created by Act 2016-247 shall be appointed by the Governor in 2016, for a term of two years. Successors to this position shall serve a term of five years. No existing member’s term of office may be shortened due to the creation of the additional at-large membership. At least seven of the members appointed by the Governor shall be women. The original five members representing the Legislature shall be appointed for terms of two years, and their successors shall be appointed for terms of two years. Of those members initially appointed by the Governor, five members shall be appointed for terms of five years, and five members shall be appointed for terms of three years, and the successors to such appointees shall serve for terms of five years.

(b) Members shall be selected on the basis of their interests and knowledge in, and their ability to make contributions to, the solutions of problems related to the status of women.

(c) The commission shall report to the Governor and the Legislature.

(d) Vacancies on the commission shall be filled by appointment in the same manner provided for the appointment of the initial members. Any appointment to replace a member whose position becomes vacant prior to the expiration of the term shall be filled only for the remainder of the term.

(e) Members of the commission shall receive no compensation for their services, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the commission, in accordance with state law.
Ala. Code § 41-9-831 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-831
Section 41-9-831 Location of Board, Museum, and Other Quarters
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-4-38 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-38
Section 41-4-38 Cash Management Improvement Act of 1990 - Administration; Appropriation from State General Fund
Status: in_force

(a) The Cash Management Improvement Act of 1990, Public Law 101-453, October 24, 1990, (CMIA), imposes requirements for the timely transfer of funds between a federal agency and a state, and for the exchange of interest where transfers are not made in a timely fashion. The Director of Finance is hereby authorized to make provision for such net interest payments required to be made to the federal government. All state agencies, boards, bureaus, departments, and institutions shall cooperate fully with the requirements imposed by the Director of Finance in accumulating all the necessary data elements to fully comply with all the provisions of the CMIA.

(b) There is hereby appropriated annually from the State General Fund a sufficient amount to pay the net interest costs due to the federal government in accordance with the provisions of CMIA for all state agencies, boards, bureaus, departments, and institutions which maintain their funds in the State Treasury. All state agencies, boards, bureaus, departments, and institutions which maintain their funds outside the State Treasury shall pay from their own funds the net interest costs due as a result of their exchange of funds with the federal government.
Ala. Code § 41-16-56 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-56
Section 41-16-56 Effect of Advance Disclosure of Terms of Bid
Status: in_force

Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and require advertisement and award anew.
Ala. Code § 41-10-460 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-460
Section 41-10-460 Execution of Bonds
Status: in_force

All bonds of the authority shall be signed by its president, and the seal of the authority shall be affixed thereto and attested by its secretary. The signatures of the president and secretary may be facsimile signatures and a facsimile of the seal of the authority may be imprinted on the bonds if the board of directors, in its proceedings with respect to issuance of such bonds, provides for manual authentication of such bonds by a trustee or paying agent or by named individuals who are employees of the state and who are assigned to the Department of Finance or office of the State Treasurer. Delivery of bonds so executed shall be valid notwithstanding any changes in officers or in the seal of the authority after the signing and sealing of such bonds.
Ala. Code § 41-15-8 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-8
Section 41-15-8 Resolution of Disagreements Between Department of Finance and Person in Charge of Insured Property as to Value of Property, Premium Rates, Etc
Status: in_force

In the event a disagreement arises between the Department of Finance and any person or persons in charge of any insured property as to its replacement cost or actual cash value or the amount payable under the claim for loss or the proper premium rate or rates, the matter in disagreement shall be determined by a third person to be agreed upon by the Director of Finance on the one hand and the person or persons disagreeing with him or her on the other. In case of inability to agree on such third person, the Governor shall appoint a third person to determine the question, and his or her decision thereon shall be binding on all parties concerned.
Ala. Code § 41-10-454 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-454
Section 41-10-454 Consummation of Incorporation
Status: in_force

When the application has been made, filed, and recorded as provided in Section 41-10-453, the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate with the application, whereupon the applicants shall constitute a public corporation and agency of the state under the name proposed in the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation or dissolution of the authority.
Ala. Code § 41-10-392 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-392
Section 41-10-392 Authorization and Procedure for Incorporation Generally
Status: in_force

The Governor, the Director of Finance, the Secretary of the Alabama Department of Commerce, the Lieutenant Governor, and the Speaker of the House may become a public corporation with the powers and authorities hereinafter provided, by proceeding according to the provisions of this article.
Ala. Code § 41-19A-6 — Alabama Code / Title 41 / Chapter 19A / Section 41-19A-6
Section 41-19A-6 Lobbying
Status: in_force

Nothing in this chapter shall be deemed to prohibit or discourage a member of the Legislature from performing his or her duties. Those duties include the right to protect and promote activities and projects with agency personnel that constitute legal and valid functions of the agency or department. Therefore, any member of the Legislature or any citizen may lobby for or offer support for a program administered by the agency without violating this chapter.
Ala. Code § 41-9-551 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-551
Section 41-9-551 Agreements for Board Site
Status: in_force

The board shall implement and maintain with a public or private institution an agreement under which the institution shall provide halls, rooms, or quarters as may be considered suitable and appropriate for conducting the affairs of the board and for displaying plaques and other memorabilia relating to women of achievement. The board may negotiate, enter, and sever these agreements as necessary to serve the purposes of the board.
Ala. Code § 41-4-160 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-160
Section 41-4-160 Written Procedures for Exempted Governmental Bodies to Resolve Controversies
Status: in_force

(a) Contracts of a governmental body listed under subsection (b) of Section 41-4-124 are not subject to this part as it relates to the authority of the Chief Procurement Officer and Director of Finance.

(b) The governmental bodies listed under subsection (b) of Section 41-4-124 shall establish written procedures keeping with the spirit and intent of this part to do all of the following:

(1) Resolve protested solicitations and awards.

(2) Establish criteria and review procedures for suspension and debarment of persons or entities.

(3) Resolve contract disputes.
Ala. Code § 41-10-723 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-723
Section 41-10-723 Alabama Construction Recruitment Institute - Application
Status: in_force

(a) The Alabama Construction Recruitment Institute shall be incorporated as a public corporation with the powers herein provided.

(b) The Governor, the state Commissioner of Revenue, and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth all of the following:

(1) The name, official designation, and official residence of each of the applicants and the initial appointed members of the board.

(2) The date on which each applicant and member of the board took office or was appointed, respectively, by his or her respective appointing authority and the term of office of each member’s respective appointing authority.

(3) The location of the principal office of the proposed corporation, which shall be in the City of Montgomery.

(4) Any other matter relating to the institute which the applicants may choose to insert and which is not inconsistent with this division or the laws of the state.

(c) The application shall be subscribed and sworn to by each of the applicants and members before an officer authorized by the laws of the state to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he or she finds that it substantially complies with the requirements of this section, it shall be filed and recorded in an appropriate book of records in the office of the Secretary of State.

(d) When the application has been made, filed, and recorded as provided in subsection (c), the applicants shall constitute a corporation under the name stated in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this division under the Great Seal of the State and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation or dissolution of the institute.
Ala. Code § 41-9-1080 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1080
Section 41-9-1080 Legislative Findings
Status: in_force

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-280.
Ala. Code § 41-6-76 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-76
Section 41-6-76 Collection of Fees for Services Rendered by Department; Archives Services Fund
Status: in_force

(a) The department may collect fees for certain services rendered by the department, including, but not limited to the following:

(1) SEARCH AND HANDLING FEES. These fees shall include, but not limited to, fees for conducting research for requests from outside the state and for handling all requests for reproducing special format materials.

(2) RECORDS CENTER AND MICROGRAPHICS STORAGE AND SERVICE FEES. These fees shall be collected from government agencies for storage, retrieval, and reproduction of nonpermanent records in the records center and for the security storage of microfilm. One year’s notice shall be given to any agency prior to implementation of a storage fee.

(b) Fees for services shall be set by the board upon recommendation by the director and may be amended as required. Fees shall be based upon actual cost to the department for providing the services.

(c) There is created in the State Treasury a fund to be known and designated as the Archives Services Fund. Any revenue collected for services pursuant to subsection (a) shall be deposited in the State Treasury to the credit of the Archives Services Fund.

(d) The expenditure of funds collected under subsection (a) shall be used by the department to help defray expenses incurred in providing the services.

(e) No funds deposited in the State Treasury to the credit of the Archives Services Fund shall be expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 (commencing with Section 41-4-80), Chapter 4, Title 41, and only in the amounts and for the purposes provided by the Legislature.

(f) Funds deposited in the Archives Services Fund shall not revert to the General Fund of the state but shall remain in the Archives Services Fund until expended by the department.

(g) There is appropriated from the Archives Services Fund to the department the sum of $25,000.00 for the fiscal year ending September 30, 1993.
Ala. Code § 41-21-2 — Alabama Code / Title 41 / Chapter 21 / Section 41-21-2
Section 41-21-2 Storage of Additional Sets of Code; Distribution Thereof
Status: reserved

Repealed by Act 2009-723, p. 2162, §2, effective August 1, 2009.
Ala. Code § 41-10-593 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-593
Section 41-10-593 Use of Bond Proceeds
Status: in_force

The proceeds derived from the sale of bonds issued by the authority to finance Y2K expenditures shall be deposited in the State Treasury and shall be carried in a separate fund therein for the account of the authority, which shall pay therefrom the expenses of issuance thereof. The proceeds from the sale of bonds remaining after payment of the expenses of issuance thereof shall be retained in the fund and, until they are paid out, shall be invested by the State Treasurer at the direction of the authority in eligible investments which mature at such time or times as the state Finance Director shall direct. Monies in the fund, whether original proceeds from the sale of bonds or the proceeds of or earnings on the eligible investments, shall be paid out from time to time for the purposes of this division in orders or warrants issued by or on the direction of the state Finance Director. After the Finance Director has certified to the State Treasurer that there are no Y2K expenditures remaining to be paid, monies remaining in such special fund may be applied to the payment of any capital improvements, capital equipment, implementation programs, and aging programs as defined herein. If all capital improvements, capital equipment, implementation programs, and aging programs costs are expended as certified by the Finance Director, then any monies remaining in such special fund may be applied to the payment of any other costs or expenses for which the authority shall be authorized to insure authority obligations.
Ala. Code § 41-10-351 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-351
Section 41-10-351 Definitions
Status: in_force

The following terms hereafter used in this article shall have the following respective meanings:

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

(2) BONDS. The bonds issued under the provisions of this article.

(3) COMMISSIONER. The Commissioner of Mental Health.

(4) DEPARTMENT. The Department of Mental Health provided for in Chapter 50 of Subtitle 2 of Title 22.

(5) DIRECTORS. The board of directors of the authority.

(6) MENTAL HEALTH FACILITIES. Any one or more of the following: hospitals and other facilities of any kind for treatment and care of the mentally ill and individuals with an intellectual disability; regional or community-based mental health centers; regional or community-based facilities for treatment and care of the mentally ill or individuals with an intellectual disability; regional or community-based centers for the treatment of alcoholism or drug addiction; and improvements to existing state hospitals or other facilities for the treatment and care of the mentally ill and individuals with an intellectual disability.

(7) COMMUNITY FACILITIES. Facilities operated by regional community mental health boards established pursuant to Section 22-51-2, community mental health centers, associations for retarded citizens, and community substance abuse programs certified by the Alabama Department of Mental Health that provide services for the treatment and care of individuals with mental or emotional illnesses, intellectual disability, alcoholism, or drug addiction.

(8) OVERSIGHT COMMITTEE. The Mental Health Capital Outlay Oversight Committee created in Section 22-50-25.

(9) PERMITTED INVESTMENTS. United States securities, certificates of deposit fully secured by United States securities and shall include investments in such obligations of the United States of America or its agencies under a repurchase agreement.

(10) UNITED STATES SECURITIES. Direct general obligations of the United States of America (including obligations of the state and local government series) and the obligations of any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof, the bonds, debentures, participation certificates, or notes of which are unconditionally guaranteed by the United States of America.

(11) RETIREMENT SYSTEMS OF ALABAMA. The State Employees’ Retirement System created pursuant to Chapter 27 of Title 36, and the Teachers’ Retirement System created pursuant to Chapter 25 of Title 16.

The definitions hereinabove set forth shall be deemed applicable whether the words defined are used in the singular or the plural. Any pronoun or pronouns used herein shall be deemed to include both the singular and the plural and to cover all genders.
Ala. Code § 41-9-1039 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1039
Section 41-9-1039 Alabama Athletic Commission Fund
Status: in_force

There is established a separate trust fund in the State Treasury to be known as the Alabama Athletic Commission Fund. All receipts collected by the commission shall be deposited into this fund and used only to carry out the provisions of this article. Monies shall be disbursed only by warrant of the state Comptroller drawn upon the State Treasury supported by itemized vouchers approved by the commission. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriation acts.
Ala. Code § 41-27-6 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-6
Section 41-27-6 Appointment of the Director of Department of Public Safety; Functions of Department; Highway Patrol Division; Marine Police Division
Status: in_force

(a)(1) The Director of the Department of Public Safety shall be appointed by the Secretary of the Alabama State Law Enforcement Agency, after consultation with the Governor, and shall hold office at the pleasure of the secretary. The director shall be appointed from a legacy agency as defined in Section 41-27-7. The salary of the director shall be set by the secretary, and shall not be subject to Section 36-6-6. A person appointed director shall have an extensive law enforcement background and, by virtue of office, is a state law enforcement officer with the immunity set forth in Section 6-5-338.

(2) The director shall have overall supervision and management of functions transferred to the department pursuant to this section, subject to the approval of the secretary, including the power to change the working title of any position or to reorganize or rename any of the divisions, units, or functions specified in this section. Any change of working title shall not alter the classification or compensation of any person in the state Merit System.

(3) All functions performed by the department on October 1, 2014, shall remain under the Department of Public Safety unless reorganized by the secretary or otherwise transferred pursuant to this chapter.

(b)(1) The Highway Patrol Division of the Department of Public Safety succeeds to and is vested with all law enforcement functions of the following enforcement units, and a reference in any law to these enforcement units shall be deemed a reference to the Highway Patrol Division of the Department of Public Safety:

a. The law enforcement unit of the Public Service Commission.

b. The revenue enforcement officers of the Department of Revenue.

(2) The director shall appoint a chief of the division.

(c)(1) The Marine Patrol Division is hereby created within the Department of Public Safety. The director shall appoint a chief of the division.

(2) The Marine Patrol Division of the Department of Public Safety succeeds to and is vested with all functions of the Marine Police Division of the Department of Conservation and Natural Resources. A reference in any law to the Marine Police Division of the Department of Conservation and Natural Resources shall be deemed a reference to the Marine Patrol Division of the Department of Public Safety.
Ala. Code § 41-9-709 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-709
Section 41-9-709 Purpose
Status: in_force

The purpose of this commission shall be to deal fairly and effectively with Indian affairs; to bring local, state, federal resources into focus for the implementation or continuation of meaningful programs for Indian citizens of the State of Alabama; to provide aid for Indians as needs demonstrate; to assist Indian communities in social and economic development; to promote recognition of the right of Indians to pursue cultural and religious traditions considered by them to be sacred and meaningful to the American Indian; and to establish appropriate procedures to provide for legal recognition of any future Indian organization who desires state recognition.
Ala. Code § 41-28-4 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-4
Section 41-28-4 Powers and Duties of Secretary
Status: in_force

The secretary shall have all of the following powers and duties:

(1) Develop a comprehensive four-year strategic plan for the state’s information technology to include acquisition, management, and use of information technology by state agencies. The plan shall be developed in conjunction with the planning and budgeting processes for state agencies and may include review of state agencies’ information technology plans, capital budgets, and operating budgets as appropriate to accomplish the goals of reducing redundant expenditures and maximizing the return on information technology investments. The plan shall be updated annually and submitted to the Governor and shall be presented during a public meeting to the Permanent Legislative Oversight Committee on Information Technology. The plan shall further be coordinated with the Boards of Directors of the Alabama Supercomputer Authority.

(2) Collaborate and coordinate with the Alabama Supercomputer Authority or any state authority, board, or agency of like kind and promote standards and coordinate services and infrastructure to ensure that information technology and cybersecurity are used to support designated needs areas, including identifying applications, equipment, and services that may be statewide in scope and assisting state agencies in avoiding duplication of applications, equipment, and services.

(3) Serve as a member of the board, or boards, for the Alabama Supercomputer Authority.

(4) Solicit, receive, and administer funds, goods, services, and equipment from public and private entities to be used for the purchase of computers, satellites, hardware, software, and other information technology and cybersecurity equipment and services and for staff training in the use of information technology and cybersecurity development programs.

(5) Establish an inventory of information technology resources to allow identification of underutilized or idle resources and all data and data systems in state agencies to promote improved asset management, information security, and cybersecurity utilization, intelligence, and data sharing, with information technology resources to include personnel, goods, and services. The inventory is not subject to public disclosure.

(6) Manage, plan, and coordinate all telecommunications and cybersecurity systems under the jurisdiction of the state through coordination of existing system activities, vendors, service orders, billing, and recordkeeping functions in accordance with records retention requirements established by the State Records Commission and other applicable law; planning and implementing new systems or services; designing replacement systems; project management during specification writing, bid letting, proposal evaluation, and contract negotiations; implementation and supervision of new systems and ongoing support; implementation of long-term state plans; and management of telecommunications networks.

(7) Establish and coordinate, through either state ownership or commercial leasing, all telecommunications and cybersecurity equipment, systems, and related services affecting the management and operations of the state or any county office of a state agency.

(8) Act as the centralized approving authority for the acquisition of all telecommunications, information technology, and cybersecurity systems or services provided to state agencies via state procurement means, including pay telephones, computer services, Internet delivery systems, radio communications, or any combination thereof, located on or off premises owned or operated by the state or any of its agencies.

(9) Charge respective user agencies for their proportionate cost of the installation, maintenance, and operation of the telecommunications, information technology, and cybersecurity equipment, systems, and services, including the operation of the office.

(10) Develop coordinated telecommunications, information technology, and cybersecurity equipment, systems, and related services including, but not limited to, data, voice, and Internet systems or services within and among all state agencies both on and off premises and require, where appropriate, cooperative utilization of telecommunications equipment, facilities, and services by aggregating users.

(11) Review, coordinate, approve, or disapprove all requests by state agencies for the procurement, through purchase or lease, of radio communications and telecommunications, information technology, and cybersecurity equipment, systems, and related services, including telecommunications, data, Internet protocol, maintenance, implementation, and consultation contracts.

(12) Establish and define telecommunications and cybersecurity system and service specifications and designs so as to assure compatibility of telecommunications, information technology, and cybersecurity equipment, systems, and related services within state government and any county office of a state agency.

(13) Provide a continuous, comprehensive analysis and inventory of telecommunications, information technology, and cybersecurity costs, facilities, and systems within state government and any county offices of state agencies.

(14) Advise and provide consultation services to state agencies with respect to telecommunications, information technology, and cybersecurity management planning and related matters, including training within state agencies.

(15) Establish and supervise the administration of data processing centers deemed necessary to best serve the data processing needs of all state agencies.

(16) Provide for the centralization, consolidation, and shared use of equipment and services deemed necessary to obtain maximum utilization and efficiency in data processing operations.

(17) Transfer to any data processing center the data processing activities of any state agency.

(18) Provide systems design and programming services to all state agencies.

(19) Select and procure, by purchase or lease, any data processing systems and associated software deemed necessary to best serve the data processing needs of the office.

(20) Conduct data processing studies as deemed necessary and enter into contracts with other state agencies, organizations, corporations, or individuals to complete those studies.

(21) Prepare contract specifications for data systems equipment and services.

(22) Establish and administer a structured system for review and approval of new information technology and cybersecurity initiatives and projects, including business case, cost benefit analysis, and compatibility analysis.

(23) Administer any funds appropriated to the secretary by the Legislature for the establishment, operation, and coordination of the office.

(24) Represent state information technology, cybersecurity, and related areas with both the private and public sectors, including the federal government.

(25) Issue annual reports to the Governor, the Legislature, and the general public concerning the coordination and operation of the office.

(26) Adopt rules and policies and establish procedures and standards for the management and operation of information technology by state agencies to carry out this chapter, including coordinating state information technology; providing technical assistance to state agency administrators on design and management of state information technology systems; evaluating and approving the cost, system design, and suitability of information technology equipment and related services; establishing and enforcing cybersecurity governance for state agencies, including supporting operations and technology controls; establishing standards and policies for program and project management and methodologies; and developing a unified and integrated structure and enterprise architecture for information technology systems for all state agencies.

(27) In consultation with the Governor, adopt rules to provide for the creation, operation, and oversight of a technology quality assurance board that will promote the responsible and transparent procurement, development, and use of novel technologies within state agencies through establishing and enforcing the following measures for these technologies:

a. Ethical guidelines and frameworks.

b. Security and privacy controls.

c. Ongoing compliance mechanisms.

(28) Plan and coordinate information technology and cybersecurity activities for state agencies in such a manner as to promote the most economical and effective use of state resources.
Ala. Code § 41-23-195 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-195
Section 41-23-195 Advisory Committee - Membership
Status: in_force

(a) There is created the Alabama Public Transportation Fund Advisory Committee for the purpose of advising the director and staff of the department with respect to the administration of the trust fund; provided, however, all decisionmaking authority remains with the department.

(b) The advisory committee shall consist of the following members:

(1) A member of the House of Representatives appointed by the Speaker of the House of Representatives.

(2) A member of the Senate appointed by the President Pro Tempore of the Senate.

(3) The Lieutenant Governor or his or her designee.

(4) A representative of the American Association of Retired Persons (AARP) appointed by AARP Alabama.

(5) A representative of the Department of Senior Services appointed by that department.

(6) A representative of the Alabama Association of Regional Councils appointed by that organization.

(7) A representative of the Community Action Association of Alabama appointed by that organization.

(8) A representative of the Disability Rights and Resources in Birmingham, the Montgomery Center for Independent Living, or the Independent Living Center of Mobile, jointly appointed by those organizations.

(9) A representative of the Transit Citizens Advisory Board of Birmingham appointed by that organization.

(10) An individual who regularly uses public transportation to be appointed by the Governor from a list jointly provided by Greater Birmingham Ministries and Alabama Arise.

(11) A representative of the Alabama League of Municipalities appointed by that organization.

(12) A representative of the Alabama Association of County Commissions appointed by that organization.

(13) A representative of the Alabama Transportation Association appointed by that organization.

(c) To avoid a conflict of interest or the appearance of a conflict of interest, no sitting advisory committee organization may apply for trust fund dollars during its time on the advisory committee. If an affiliate organization applies for funding, the related advisory committee organization shall recuse itself from any discussion or voting on the application.

(d) Each member of the advisory committee shall serve a three-year term with the exception of the initial members. The initial members shall draw lots to determine the three members who shall serve for three years, the three members who shall serve for two years, and the three members who shall serve for one year.

(e) Each term on the advisory committee shall expire on September 30 of the year in which the term expires. When this occurs, the applicable appointing authority shall appoint a new member or reappoint the current member. If a vacancy occurs, an appointment shall be made within 90 days to fill the vacancy for the remainder of the unexpired term.

(f) Membership of the advisory committee shall be inclusive and reflect the racial, gender, geographic, urban/rural and economic diversity of the state. The advisory committee shall annually report to the Legislature by the second legislative day of each regular session the extent to which the membership of the advisory committee complies with the diversity provisions of this section.

(g) The advisory committee shall elect from its membership a chair, vice chair, and secretary. The advisory committee shall adopt rules to govern its proceedings. A majority of the membership of the committee shall constitute a quorum for all meetings.

(h) The advisory committee shall meet within 30 days after the members are appointed and thereafter shall hold regular meetings. Minutes of each meeting of the advisory committee shall be signed and kept by the secretary or an assistant secretary appointed by the advisory committee.

(i) The director may remove a member of the advisory committee only for neglect of duty; an unexcused failure to attend more than one of the regularly scheduled meetings held in a calendar year during the term in office of the member; malfeasance; a violation of this article, or the conviction of a felony.

(j) Members of the advisory committee shall receive reimbursement for expenses incurred in the performance of duties, as approved by the director.
Ala. Code § 41-4-175 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-175
Section 41-4-175 Collection of Information Concerning Supplies or Services
Status: in_force

To the extent possible, the chief procurement officer of any public procurement unit may collect information concerning the type, cost, quality, and quantity of commonly used supplies or services being procured or used by public procurement units and make the collected information available to any other public procurement unit upon request.
Ala. Code § 41-27-45 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-45
Section 41-27-45 Reinstatement of License
Status: in_force

The driver’s license of a person assessed a civil penalty pursuant to this article shall not be reinstated unless the civil penalty is paid.
Ala. Code § 41-29-3.2 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-3.2
Section 41-29-3.2 Alabama Development Fund
Status: in_force

(a) There is created in the State Treasury a fund to be known as the Alabama Development Fund, which shall be administered by the Department of Commerce. Funds received by the State of Alabama from the following sources shall be deposited into the fund: (i) monies received from taxes collected under Chapter 9I of Title 40; (ii) monies appropriated or otherwise made available by the Legislature in any manner excluding State General Fund or Education Trust Fund monies; (iii) proceeds of any gifts, grants, or contributions; and (iv) monies from any other source designated for deposit into the fund, but not including monies subject to a constitutional designation for some other purpose. (b) No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to applicable law. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 of this title and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act. (c) Unexpended amounts remaining in the fund at the end of each fiscal year shall not revert to the State Treasury at the end of any fiscal year but shall be carried forward to the succeeding fiscal year. (d) The Alabama Department of Commerce may administer the expenditure of funds in the Alabama Development Fund in furtherance of economic development.

(b) No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to applicable law. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 of this title and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act. (c) Unexpended amounts remaining in the fund at the end of each fiscal year shall not revert to the State Treasury at the end of any fiscal year but shall be carried forward to the succeeding fiscal year. (d) The Alabama Department of Commerce may administer the expenditure of funds in the Alabama Development Fund in furtherance of economic development.

(c) Unexpended amounts remaining in the fund at the end of each fiscal year shall not revert to the State Treasury at the end of any fiscal year but shall be carried forward to the succeeding fiscal year. (d) The Alabama Department of Commerce may administer the expenditure of funds in the Alabama Development Fund in furtherance of economic development.

(d) The Alabama Department of Commerce may administer the expenditure of funds in the Alabama Development Fund in furtherance of economic development.
Ala. Code § 41-4-4 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-4
Section 41-4-4 Certain Appropriations to Be Expended by Department
Status: in_force

All appropriations heretofore or hereafter made for the purchase, acquisition or use of furniture, fixtures, supplies, materials, equipment, or other personal property, appropriations for printing and binding and the distribution of printed matter, appropriations for the maintenance, repair, improvement, lighting, heating, and cleaning of the State Capitol and other property owned or leased by the state in the City of Montgomery, and appropriations for postage and telephone expenses for any department, board, bureau, commission, agency, or office of the state located and operating in the City of Montgomery shall be used for the purpose and, if so made, for the department, board, bureau, commission, agency, office, or institution for which made. Such appropriations shall be expended by and on the order of the Department of Finance for such purposes.
Ala. Code § 41-17-5 — Alabama Code / Title 41 / Chapter 17 / Section 41-17-5
Section 41-17-5 Establishment of Transportation Revolving Fund; Disposition of Fees Collected for Use of Pool Cars; Transportation Pool to Be Self-Supporting
Status: reserved

Repealed by Act 2013-282, §2, effective October 1, 2014.
Ala. Code § 41-22-8 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-8
Section 41-22-8 Form for Petition for Adoption, Amendment, or Repeal of Rules; Procedure Upon Submission of Petition
Status: in_force

Each agency shall prescribe by rule the form for petition requesting the adoption, amendment, or repeal of a rule and the procedure for submission, consideration, and disposition thereof. Within 60 days after submission of a petition, the agency either shall deny the petition in writing on the merits, stating its reasons for the denial, or initiate rule-making proceedings in accordance with Section 41-22-5; provided, however, an agency that has its next regularly scheduled meeting beyond the 60-day period, may by written notice extend the period for not more than 30 days during which it shall deny or initiate rule-making proceedings.
Ala. Code § 41-14A-3 — Alabama Code / Title 41 / Chapter 14A / Section 41-14A-3
Section 41-14A-3 Public Deposits to Be Secured; Exemptions
Status: in_force

(a) On and after January 1, 2001:

(1) All public deposits of all covered public entities and covered public officials shall be governed by this chapter and shall be secured as provided in this chapter.

(2) All public depositors shall, notwithstanding any other laws to the contrary, place their public deposits with one or more qualified public depositories in accordance with this chapter. Notwithstanding the foregoing, funds placed in interest-bearing deposits through a qualified public depository pursuant to subsection (c) shall be exempt from the other requirements of this chapter.

(3) All financial institutions shall file the reports required by this chapter or by rule, regulation, or order of the board of directors and all financial institutions accepting any public deposits shall be a qualified public depository and shall comply with all provisions of this chapter, including, without limitation, the collateral pledging requirements of Section 41-14A-5.

(b) Funds held solely for the purpose of paying registrars or paying agents are exempt from the requirements of this chapter.

(c) In addition to any other authorization for the investment or deposit of funds by a public depositor, a public depositor may deposit funds in banks and savings associations that are not qualified public depositories provided that all of the following are satisfied:

(1) The public depositor enters into one or more agreements with a qualified public depository designated by the public depositor pursuant to which the qualified public depository agrees to arrange for the placement of funds of the public depositor in interest bearing deposits of other banks or savings associations in amounts not exceeding applicable Federal Deposit Insurance Corporation deposit insurance limits.

(2) To prevent deposits from exceeding the insurance coverage provided by the Federal Deposit Insurance Corporation, the public depositor provides the qualified public depository with a notification that identifies all banks and savings associations that are holding deposits on behalf of the public depositor and on behalf of any department, agency, or other instrumentality whose deposits would be aggregated with those of the public depositor in determining the maximum available Federal Deposit Insurance Corporation insurance coverage.

(3) The qualified public depository arranges for the deposit of the funds in one or more federally insured banks or savings associations, wherever located, for the account of the public depositor, provided, that the qualified public depository shall not arrange for the deposit of the funds with any bank or savings association identified in the notification provided by the public depositor pursuant to subdivision (2).

(4) Each deposit is entered in the records of the qualified public depository and the other banks and savings associations that receive or are credited with the deposit in such manner that the full amount of principal and accrued interest of the deposit is insured by the Federal Deposit Insurance Corporation.

(5) The deposits are held by the qualified public depository for the public depositor under a custodial arrangement.

(6) At the time the funds are deposited through the qualified public depository, the qualified public depository receives or is credited with an amount of deposits from customers of other federally insured banks or savings associations equal to or greater than the amount of funds deposited by the public depositor in other banks and savings associations through the qualified public depository.

(7) The public depositor receives confirmation of the deposits and periodic statements that reflect the ownership of the deposits by the public depositor, the names of the banks and savings associations that hold the deposits, and the interest rate or rates on the deposits.

(8) a. The qualified public depository agrees to provide to the Department of Examiners of Public Accounts, upon request, information necessary to permit the department to verify the deposits of the public depositor that are held by the banks and savings associations named on the confirmation of deposits and periodic statements and were placed through the qualified public depository.

b. Notwithstanding any other provision of law, any qualified public depository may release records and other documentation and information to the department for the purposes of this subdivision.

(d) Subsection (c) shall not apply to funds or moneys of the state that are deposited or invested by the State Treasurer pursuant to Chapter 14.

(e) No funds placed pursuant to subsection (c) shall be protected by the SAFE Program or eligible to participate in the SAFE collateral pool or the Loss Payment Fund.
Ala. Code § 41-6-32 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-32
Section 41-6-32 Interest Accruing, Earned or Paid from Investment of Fund Appropriated to Department; Expenditure Thereof
Status: in_force

The interest accrued, earned or paid as the result of investment of said endowment fund is hereby appropriated to said Department of Archives and History and shall be used by said department only for such purposes as its trustees may specify and the Governor approve; provided, however, that no expenditure of such funds may be made or approved by said board of trustees unless it is for the purpose of acquiring rare and valuable articles, property or materials or acquiring, marking and preserving or maintaining historical locations or spots within the State of Alabama.
Ala. Code § 41-4-147 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-147
Section 41-4-147 Finality of Determinations
Status: in_force

The determinations required by subsection (f) of Section 41-4-132, subsection (a) or (g) of Section 41-4-133, Section 41-4-135, Section 41-4-136, Section 41-4-137, subsection (a) of Section 41-4-139, Section 41-4-141, Section 41-4-143, and subsection (b) of Section 41-4-144 are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
Ala. Code § 41-4-170 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-170
Section 41-4-170 Definitions
Status: in_force

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

(1) COOPERATIVE PURCHASING. Procurement conducted by, or on behalf of, one or more public procurement units.

(2) EXTERNAL PROCUREMENT ACTIVITY. A buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. The term includes agencies of the United States and of any other state.

(3) LOCAL PUBLIC PROCUREMENT UNIT. Any of the following:

a. A unit that is governed by this article and is also a municipality or other political subdivision of the state.

b. An agency of any political subdivision, public authority, or educational, health, or other institution.

c. Any nonprofit corporation operating a charitable hospital.

d. To the extent provided by law, any entity that expends public funds for the procurement of supplies or services and is governed by this article.

(4) PUBLIC PROCUREMENT UNIT. Any one of the following:

a. A local public procurement unit.

b. An external procurement activity.

c. A state public procurement unit.

d. Any not-for-profit entity comprised of more than one unit or activity listed in paragraph a., b., or c.

(5) STATE PUBLIC PROCUREMENT UNIT. The Office of the Chief Procurement Officer or the equivalent officer of any other state and any purchasing agency of this state or any other state.
Ala. Code § 41-8-42 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-42
Section 41-8-42 Alabama Clearinghouse for State Publications Created
Status: in_force

There is created as a program of the Alabama Public Library Service, an Alabama Clearinghouse for State Publications. The clearinghouse shall establish and operate a state publications depository system for Alabama publications. The Alabama Public Library Service shall promulgate reasonable rules and regulations necessary to implement this article.
Ala. Code § 41-10-433 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-433
Section 41-10-433 Dissolution of Authority
Status: in_force

At any time when the incorporators named in this article determine that the services provided by the authority are no longer of benefit to the entities served by the authority and that all obligations of the authority have been paid in full, the authority may be dissolved upon the filing with the Secretary of State of a written statement for dissolution, which shall be subscribed by each of the incorporators of the authority and which shall be sworn to by each such incorporator before an officer authorized to take acknowledgements to deeds. Upon the filing of said written statement for dissolution, the authority shall cease and any property or other asset owned by it at the time of dissolution shall pass to the State of Alabama exclusively for purposes of Section 501(c)(3) of the Internal Revenue Code. The Secretary of State shall file and record the written statement for dissolution in an appropriate book of record in his or her office and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved, and shall record the said certificate with the written statement for dissolution.
Ala. Code § 41-9-412 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-412
Section 41-9-412 Meetings
Status: in_force

The commission shall meet at least three times a year.
Ala. Code § 41-9-96 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-96
Section 41-9-96 Collection of Boxing, Sparring and Wrestling License and Permit Fees or Taxes by Commissioner of Revenue Department; Distribution of Proceeds
Status: reserved

Repealed by Act 2011-164, p. 297, §5, effective April 28, 2011.
Ala. Code § 41-9-645 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-645
Section 41-9-645 Purging, Modification, or Supplementation of Criminal Records - Applications by Individuals; Appeals; Costs
Status: in_force

(a) If an individual believes information is inaccurate or incomplete, he or she may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify SBI of the changes.

(b) If the agency declines to act or if the individual believes the agency’s decision is unsatisfactory, the individual or his or her attorney, within 30 days of the decision and with notice to the agency, may enter an appeal to the circuit court of the county of his or her residence or to the circuit court in the county where the agency exists. The court in each case shall conduct a de novo hearing and may order relief as it finds to be required by law. Appeals shall be entered in the same manner as appeals are entered from the court of probate; except, that the appellant shall not be required to post bond nor pay the costs in advance. If the appellant desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency of disputed record that the appeal has been entered.

(c) The party found to be in error shall assume all costs involved.
Ala. Code § 41-22-5.3 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-5.3
Section 41-22-5.3
Status: in_force

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

(1) AGENCY. The term as defined in Section 41-22-3.

(2) BEST AVAILABLE SCIENCE. Science that:

a. Is reliable, unbiased, subject to independent verification, and applies to the agency’s rule;

b. Maximizes the quality, objectivity, relevance, completeness, and integrity of information, including statistical information; human, animal, and other relevant scientific studies; and, if applicable, human health risk-based assessments; and

c. Involves the use of scientifically defensible and quality-assured supporting studies conducted in accordance with generally accepted scientific or technical practices utilizing data collected by generally accepted methods or best available methods and that are:

1. Site-specific studies, including area-wide or statewide studies;

2. Studies published in a refereed journal; or

3. External peer-reviewed studies contained in a federal government report published for a purpose other than development of a rule.

(3) GENERALLY ACCEPTED SCIENTIFIC OR TECHNICAL PRACTICES. Scientific methods, principles, or protocols that:

a. Are broadly acknowledged and routinely applied by the relevant scientific community;

b. Are consistent with refereed journal literature or established technical standards; and

c. Have been tested for reliability and validity.

(4) MANIFEST BODILY HARM. A physical disease or injury that is:

a. Presently existing and diagnosable;

b. Not based solely on the presence or detection of a substance in the human body; and

c. Not based solely on an increased risk of disease.

(5) REFEREED JOURNAL. A publication that:

a. Uses an editorial board or critical review panel of subject matter experts in the relevant scientific or technical disciplines who critically and objectively assess the methodology and analysis of submitted scientific studies in a nonpartisan fashion and provides editorial services prior to publication; and

b. Takes meaningful steps to avoid biases in the publication’s scientific review process.

(6) WEIGHT OF SCIENTIFIC EVIDENCE. An approach to scientific evaluation in which each piece of relevant information is considered based on its quality and relevance, which, at a minimum, includes consideration of study design, fitness for purpose, replicability, peer review, and transparency and reliability of data; and the information is transparently integrated with other relevant information to inform the scientific evaluation prior to making a judgment about the scientific evaluation.

(b) An agency may not adopt a new rule or amend an existing rule that establishes new or changes existing numeric criteria or numeric limitations applicable to a chemical substance, mixture, contaminant, pollutant, hazardous substance, solid waste, hazardous constituent, or hazardous waste that relates to drinking water, water pollution control, hazardous substances, contaminated site remediation, air quality, solid waste handling, or hazardous waste handling if the new rule or amendment would result in criteria or limitations that are more stringent or extensive in scope, coverage, or effect than any federal law or regulation setting a standard regarding the same or a substantially similar topic.

(c) Notwithstanding subsection (b), if there is no federal law or regulation establishing a standard regarding the same or a substantially similar topic, an agency may not adopt a new rule or amend an existing rule that establishes numeric criteria or numeric limitations applicable to a chemical substance, mixture, contaminant, pollutant, hazardous substance, solid waste, hazardous constituent, or hazardous waste that relates to drinking water, water pollution control, hazardous substances, contaminated site remediation, air quality, solid waste handling, or hazardous waste handling unless, for each individual chemical substance, mixture, contaminant, pollutant, hazardous substance, solid waste, hazardous constituent, or hazardous waste to which the rule applies, the scientific and technical information relied on to support the standard established by the rule is based on the best available science and the weight of scientific evidence.

(d)(1) For any rule adopted pursuant to subsection (c) to protect human health, safety, or welfare, the best available science and the weight of scientific evidence shall establish a direct causal link between exposure at or above the numeric criteria or numeric limitations provided by the rule and manifest bodily harm in humans, based on generally accepted scientific or technical practices.

(2) In the absence of data from voluntary scientific studies on humans, best available science and the weight of scientific evidence may be based on tests performed on experimental animal species or human and animal cells establishing a direct causal link, based on generally accepted scientific or technical practices, between exposure at or above the numeric criteria or numeric limitations provided by the rule and manifest bodily harm in humans, provided that the harm may be extrapolated to humans based on the best available science and the weight of scientific evidence.

(e)(1) No agency shall establish as the default or be required to use values from the United States Environmental Protection Agency’s Integrated Risk Information System in the development of numeric water quality criteria.

(2) An agency that has adopted a rule establishing use of the United States Environmental Protection Agency’s Integrated Risk Information System as the default in any numeric water quality criteria shall revise all rules to comply with this subsection not later than November 19, 2026.

(f) This section does not apply to any of the following:

(1) A rule that is required by federal law or regulation, including a rule adopted to comply with, and in furtherance of, federal agency authorization or primacy requirements, so long as an agency does not have discretion or flexibility under some or all of the federal requirements or authorization.

(2) A rule that is less stringent or extensive in scope, coverage, or effect than any federal law or regulation setting a standard regarding the same or a substantially similar topic or that is substantively equivalent to a federal law or regulation.

(3) A rule that would repeal or modify an existing rule to be less stringent or extensive in scope, coverage, or effect.

(4) An emergency rule adopted pursuant to Section 41-22-5.
Ala. Code § 41-10-755 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-755
Section 41-10-755 Bonds of the Authority
Status: in_force

(a) General. The authority is authorized from time to time to sell and issue its bonds for the purpose of providing funds to be transferred to and deposited in the Alabama Trust Fund and the Rainy Day Account, to provide additional funds to the Alabama Medicaid Agency, for paying the costs of transportation projects, and for the purpose of refunding any or all of the authority’s outstanding bonds.

(b) Sources of payment. Bonds issued by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state. Such bonds 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 income or proceeds realized by the authority under any mortgage or security granted to the authority.

(3) Amounts derived from any letter of credit, insurance policy, or other form of credit enhancement applicable to the bonds.

(4) Any reserve or other fund established for such purpose by the authority.

(5) Any earnings on the proceeds of bonds invested by the authority pending their disbursement.

(6) Any other revenues that may hereafter be available to the authority.

Unless otherwise provided in the resolution of the directors of the authority authorizing the issuance of the bonds, all pledges of appropriated funds made by the authority shall be on a parity so that all bonds of the authority secured by a pledge of appropriated funds shall be equally and ratably so secured without regard to time of issuance. Bonds issued by the authority shall be construed to be negotiable instruments, although payable solely from a specified source, as provided herein.

(c) Security for the bonds. The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the appropriated funds or other monies and property available to the authority and may be secured by a trust indenture evidencing such pledge or by a foreclosable mortgage and deed of trust conveying as security for such bonds all, or any part, of the authority’s property. The resolution under which the bonds are authorized to be issued or any such trust indenture or mortgage may contain any agreements and provisions respecting the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit for whom such instrument is made and the rights and remedies available in the event of default as the authority shall deem advisable and which are not in conflict with the provisions of this article.

(d) General provisions respecting form, sale, and execution of the bonds. All bonds issued by the authority shall be signed by its president or vice president and attested by its secretary and the seal of the authority shall be affixed thereon. 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, in the discretion of the authority, either (1) at public sale or sales, based on sealed bids received either electronically or on paper, after advertisement as may be prescribed by the authority, to the bidder whose bid reflects the lowest true interest cost to the authority computed to the respective maturities of the bonds sold; provided, however, that if no bid deemed acceptable by the authority is received, all bids may be rejected and the bonds offered again for public sale in accordance with the terms herein prescribed; or (2) by negotiated sale. Such bonds may be issued in the form of current interest bonds, capital appreciation bonds, or convertible capital appreciation bonds and may be issued as serial bonds or term bonds, all as may be directed by the authority.

(e) Other matters. Any bonds of the authority 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 and bonds of the authority. Bonds of the authority shall be legal investments for funds of the Teachers’ Retirement System of Alabama, the Employees’ Retirement System of Alabama, and the State Insurance Fund.
Ala. Code § 41-4-260 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-260
Section 41-4-260 Established
Status: in_force

There shall be in the Department of Finance an office of space management.
Ala. Code § 41-20-6 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-6
Section 41-20-6 Procedure for Review and Evaluation of Agencies - Public Hearings and Receipt of Testimony Generally; Burden of Establishing Public Need for Continuation of Agencies; Information to Be Provided by Agencies Under Review
Status: in_force

(a) The Sunset Committee reviewing enumerated or nonenumerated agencies, shall hold public hearings and receive testimony from the public and all interested parties.

(b) All enumerated or nonenumerated agencies shall bear the burden of establishing that sufficient public need is present which justifies their continued existence.

(c) All enumerated or nonenumerated agencies shall provide the reviewing and evaluating committee with the following information:

(1) The identity of all agencies under the direct or advisory control of the agency under review;

(2) All powers, duties, and functions currently performed by the agency under review;

(3) All constitutional, statutory, or other authority under which said powers, duties, and functions of the agency are carried out;

(4) Any powers, duties, or functions which, in the opinion of the agency under review, are being performed and duplicated by another agency within the state, including the manner in which and the extent to which this duplication of efforts is occurring and any recommendations as to eliminating the duplication;

(5) Any powers, duties, or functions which, in the opinion of the agency under review, are inconsistent with current and projected public needs and which should be terminated or altered; and

(6) Any other information which the reviewing committee, in its discretion, feels is necessary and proper in carrying out its review and evaluative duties.
Ala. Code § 41-23-60 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-60
Section 41-23-60 Short Title
Status: in_force

This article will be known as the “Alabama Small Business Incubator Act of 1994.”
Ala. Code § 41-19-11 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-11
Section 41-19-11 Submission of Performance Reports to Department of Finance by Agencies/Departments; Form and Contents Thereof; Preparation and Forwarding to Members of Legislature of Summary of Reports
Status: in_force

(a) Each state agency/department, shall submit a performance report to the Department of Finance on or before November 1 for the preceding fiscal year. These reports shall be in the form prescribed by the Budget Officer and shall include statements concerning:

(1) The work accomplished and the services provided in the preceding fiscal year or other meaningful work period, relating actual accomplishments to those planned under subsection (b) of Section 41-19-10;

(2) The relationship of accomplishments and services to the policy decisions and budget determinations of the Governor and the Legislature;

(3) The costs of accomplishing the work and providing the services, to the extent feasible, citing meaningful measures of program effectiveness and costs; and

(4) The administrative improvements made in the preceding year, potential improvements in future years, and suggested changes in legislation or administrative procedures to make further improvements.

(b) The Finance Department shall summarize the performance reports and forward copies to each member of the Legislature annually.
Ala. Code § 41-4-39 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-39
Section 41-4-39 Director of Finance Authorized to Designate an Individual to Serve in His or Her Place on Multi-Member Bodies
Status: in_force

(a) If any act of the Legislature provides that the Director of Finance is designated as a member of a multi-member body, the director may designate any individual to serve in his or her place.

(b) The director’s designee under subsection (a) shall serve at the pleasure of the director.

(c) This section applies to multi-member bodies in existence on August 1, 2021, and any subsequently created.
Ala. Code § 41-9-259 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-259
Section 41-9-259 Council on Historic Pilgrimages - Appointment and Terms of Members; Duties
Status: in_force

(a) The individual members of the Council on Historic Pilgrimages who represent the six above described districts shall each be appointed, initially, by the Alabama Historical Commission, and three of the initially appointed members shall serve for terms of one year, with the other three serving for terms of two years each. Subsequent to the initial appointment, future individual members of the council shall be named for terms of two years each, and such future members of the council shall be named by the member historic pilgrimage organizations within the district represented by such council member.

(b) The Council on Historic Pilgrimages shall have the authority to establish such policies as it deems necessary for the carrying out of its purposes and to admit as general nonvoting members of the council such organizations in the State of Alabama engaged in the business of historic pilgrimages as it may, in its discretion, determine.

(c) The council shall have among its duties the duty to work closely with the Alabama Travel Council and the State Bureau of Tourism and Travel, and such organizations shall, themselves, provide assistance and advice to the Council on Historic Pilgrimages.
Ala. Code § 41-9-298 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-298
Section 41-9-298 Seizure of Equipment, Etc
Status: in_force

In all cases of arrest and conviction under Section 41-9-297, all boats, instruments, and other equipment used directly in connection with the offenses are declared to be contraband and shall be seized and brought before the court having jurisdiction of the offense for proper disposal.
Ala. Code § 41-13-24 — Alabama Code / Title 41 / Chapter 13 / Section 41-13-24
Section 41-13-24 Conduct of Surveys by State and Local Government Records Commissions Authorized; Issuance, Etc., by Commissions of Regulations Classifying Public Records, Etc
Status: reserved

(a) Both the State Records Commission and the Local Government Records Commission are hereby empowered to conduct surveys of public records in carrying out the provisions of this chapter.

(b) Both commissions shall from time to time issue regulations classifying all public records and shall prescribe the period for which records of each class shall be retained. Such records may be permanent or for a lesser number of years. Such regulations may from time to time be amended or repealed. Prior to issuing such regulations, both the State Records Commission and the Local Government Records Commission shall consider the following factors:

(1) Actions at law and administrative proceedings in which the production of public records might be necessary or desirable;

(2) State and federal statutes of limitation applicable to such actions or proceedings;

(3) The availability of information contained in public records from other sources;

(4) The actual or potential historical value of certain public records; and

(5) Such other matters as the commissions shall deem pertinent in order that public records be retained for as short a period as is commensurate with the interests of the public.
Ala. Code § 41-8A-11 — Alabama Code / Title 41 / Chapter 8A / Section 41-8A-11
Section 41-8A-11 Service by Same Individual on State Supervisory Board and Regional Advisory Board; Representation of More Than One Element or Interest by Board Member
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-9-944 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-944
Section 41-9-944 Duties of Commission
Status: in_force

The commission shall have the following duties:

(1) Provide for the education of members of the Legislature and state agencies of Alabama about Total Quality, including the basic concepts, potential benefits, and application to state government, among other responsibilities.

(2) Arrange Total Quality presentations for members of the Legislature and host quality meetings between invitees from the Legislature, the executive branch, state and local governments, private industry, or other relevant parties to discuss the application of Total Quality to government.

(3) Make and transmit to the Governor and the Legislature findings and recommendations regarding the application of Total Quality principles to the organization and continuous operations of state government. These findings and recommendations shall address the continuous improvement of government operations through the promotion of citizen satisfaction, cost-saving, employee satisfaction and service in the government, including:

a. Defining program missions in terms of measurable outcomes, with an emphasis on quality of the service, citizen satisfaction, and result-oriented accountability.

b. Improving department operating systems to improve morale, inspire initiative, maximize productivity and effectiveness, foster teamwork, and rewarding excellence.

c. Recommending procedural changes aimed at employee empowerment.

d. Empowering employees, agencies, and programs in order to reduce costs, simplify processes, and focus responsibility.

e. Promoting the application of state-of-the-art technologies in order to improve efficiency and reduce costs.

f. Developing of mechanisms to promote greater cooperation and coordination in policy-making between the legislative and executive branches, and greater attention to the long term impacts of budgetary and policy decisions.

(4) Sponsoring and participating in periodic forums with various state government customers and suppliers, and provide opportunities for citizens, government employees, and other affected groups to communicate their satisfaction with government services or their recommendation for improvement.
Ala. Code § 41-10-41 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-41
Section 41-10-41 Forms, Regulations, and Interpretations; Employment of Attorneys, Agents, Etc
Status: in_force

The authority may do all other things necessary or desirable to carry out the purpose of this division, including the establishment of fees to be paid with each application. The authority is hereby empowered to adopt and promulgate such rules, policies, regulations, and forms as it may deem necessary or desirable to carry out the purposes of this division. The authority is hereby specifically authorized to adopt such rules and regulations, including rules and regulations limiting the principal amount of allocations to be granted to local issuers, as it may determine to be necessary or desirable to promote the fair and efficient distribution of the state ceiling among local issuers. The authority shall have the power to employ attorneys, agents, or independent contractors to assist the authority in the administration of its duties hereunder.
Ala. Code § 41-23-63 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-63
Section 41-23-63 Promulgation of Rules and Regulations Governing Allocation and Accountability of Funds
Status: in_force

The department shall establish policies and procedures necessary to insure accountability of funds relative to state statutes and federal programs to which the funds may be pledged as a required match. The policies and procedures shall be reviewed and shall be approved or disapproved by the committee. The department shall promulgate and implement administrative rules, regulations, and procedures for the allocation of the appropriated General Fund moneys.
Ala. Code § 41-10-360 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-360
Section 41-10-360 Sale of Bonds at Public Auction; Rejection of Bids; Notice of Sale; Terms and Conditions of Sale; Expenses, Fees, Etc.; Recital That Bonds Issued Pursuant to Article
Status: in_force

Each series of the bonds shall be sold at such time or times as the directors may determine at public sale pursuant to competitive bidding, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest total net interest cost to the authority for the bonds being sold, computed from the date of those at the time being sold to their respective maturities; provided, that if no bid acceptable to the authority is received it may reject all bids. Notice of the sale of any bonds at public sale shall be given either (1) by publication in either a financial journal or a financial newspaper published in the City of New York, New York, or (2) by publication in a newspaper published in the state which is customarily published not less often than six days during each calendar week, which notice must be published at least one time not less than 10 days prior to the date fixed for the sale. The authority may fix the terms and conditions under which each sale of bonds may be held. The authority may pay out of the proceeds from the sale of the bonds all expenses, fees, premiums, discounts, insurance premiums and commissions and letters of credit or other credit enhancement fees as the directors may deem necessary or advantageous. Neither a public hearing nor consent by the state Department of Finance or any other department or agency shall be a prerequisite to the issuance of any of the bonds. All bonds issued by the authority shall contain a recital that they are issued pursuant to the provisions of this article, which recital shall be conclusive evidence that the said bonds have been duly authorized pursuant to the provisions of this article.
Ala. Code § 41-10-731 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-731
Section 41-10-731 Disposition of Funds
Status: in_force

(a) Any fees required by this division shall be remitted to the department and, after the cost appropriation in subsection (c), shall be deposited to the credit of the Recruitment and Training Promotion Fund in the State Treasury which is hereby created for the purpose of funding a recruitment and training promotion program to be administered by the Alabama Construction Recruitment Institute.

(b) The proceeds from fees collected and deposited into the Recruitment and Training Promotion Fund are appropriated to the Alabama Construction Recruitment Institute for the purposes of this article. 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 to be expended, in whole or in part, by vote of the Board of Directors of the institute.

(c) In addition to all other appropriations heretofore or hereinafter made, there is hereby appropriated to the department for the fiscal year ending September 30, 2009, such amount as is reasonably required to offset its administrative and collection costs as a first charge against the revenues from the fee levied by this division. For all subsequent fiscal years, there shall be appropriated to the department as a first charge against the revenues from the fee levied by this division an amount that will offset its actual costs in the administration and regulation of this fee.
Ala. Code § 41-14-4 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-4
Section 41-14-4 Transfer or Removal of State Funds to or from State Depositary
Status: in_force

The state may pay any state depositary for the transfer or removal of funds to or from the state depositary, item handling charges, and for any other services performed by the state depositary. Payment for transfers, removals, item handling charges, and other services performed by the state depositary may be paid by credit allowances for investable balances; except where the service performed is for the benefit of a department of state government other than the State Treasury, then payment of the charges shall be from funds appropriated for the applicable department. When any funds or moneys are transmitted or transferred by any state depositary upon the order of the Treasurer, the same shall be and continue at the risk of the depositary until it shall have reached the destination contemplated by the order.
Ala. Code § 41-9-327 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-327
Section 41-9-327 Operation, Etc., of Park or Historic Site; Entry into Agreements with Civic Organizations, Etc.; Acceptance of Gratuitous Services and Employment of Hostesses, Guards, Etc
Status: in_force

(a) The commission shall operate or provide for the operation of the park or historic site hereby provided for and any appurtenances thereto in such manner as to facilitate its exhibition to the public either with or without a charge. If the commission, in its discretion, decides that a charge is appropriate, then the commission shall fix and provide for the collection of such charge or charges as it deems appropriate for admission to the park and for the use, viewing of or other enjoyment of exhibits and other facilities appurtenant to the park.

(b) The commission may enter into agreements with any civic organization, lay group, or industrial, professional, or governmental organization relative to the general management of the park or historic site.

(c) The commission is also specifically authorized to accept gratuitous services from individuals and organizations and to employ such hostesses, guards, superintendents and other employees as, in its opinion, are needed for the operation and exhibition of such park or historic site.
Ala. Code § 41-8-46 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-46
Section 41-8-46 Distribution of Publication Lists
Status: in_force

The clearinghouse shall issue periodic lists of state publications to the depositories.
Ala. Code § 41-9-257 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-257
Section 41-9-257 Council on Historic Pilgrimages - Created; Purpose
Status: in_force

There is hereby created the Alabama Council on Historic Pilgrimages, the same to be established under the auspices of the Alabama Historical Commission, said council having the purpose of coordinating the efforts of each of the existing and proposed historic pilgrimages in the State of Alabama, whether publicly or privately sponsored.
Ala. Code § 41-10-267 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-267
Section 41-10-267 Powers of Authority
Status: in_force

The authority shall have the following powers among others specified in this article:

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

(2) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties thereto;

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

(4) To make and alter all needful bylaws, rules, and regulations for the transaction of the authority’s business and the control of its property and affairs;

(5) To provide for the acquisition, construction, installation, equipping, operation, and maintenance of judicial facilities;

(6) To receive, take, and hold by sale, gift, lease, devise, or otherwise, real and personal property of every description, and to manage the same;

(7) To acquire by purchase, gift, or the exercise of the power of eminent domain, or any other lawful means, and to transfer, convey, or cause to be conveyed to the state, any real, personal, or mixed property;

(8) To exercise the right of eminent domain as freely and completely as, and in the same manner as, the state is empowered to exercise such right;

(9) To borrow money and issue its bonds in evidence thereof subject to the provisions of this article;

(10) As security for payment of the principal of and the interest on its bonds, to pledge any funds or revenues from which its bonds may be made payable and to arrange for and provide such additional security for its bonds, including letters of credit, bond insurance policies, surety bonds, and the like, as the board of directors shall determine to be necessary or desirable;

(11) To make and enter into such contracts, leases, agreements, and other actions as may be necessary or desirable to accomplish any corporate purpose and to exercise any power necessary for the accomplishment of the purposes of the authority or incidental to the powers expressly set out herein; and

(12) To appoint and employ such attorneys, accountants, financial advisors, underwriters, trustees, depositories, registrars, fiscal agents, and other advisors, agents, and independent contractors as may, in the judgment of the board of directors, be necessary or desirable.
Ala. Code § 41-2-3 — Alabama Code / Title 41 / Chapter 2 / Section 41-2-3
Section 41-2-3 Boundary Between Alabama and Florida - Generally
Status: in_force

The boundary line between Alabama and Florida is the line commonly known as the “mound line,” or “Ellicott’s Line,” as distinguished from a blazed line known as the “upper” or “Coffee Line,” commencing at a point on the Chattahoochee River, near a place known as “Irwin’s Mills”; and from thence to the Perdido River, marked the whole distance by blazes on the trees and by mounds of earth, at distances of about one mile.
Ala. Code § 41-10-207 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-207
Section 41-10-207 Proceeds from Sale of 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 § 41-11-6 — Alabama Code / Title 41 / Chapter 11 / Section 41-11-6
Section 41-11-6 Maximum Amount and Use of Annual Appropriation
Status: reserved

Repealed by Act 2008-278, p. 535, §2, effective August 1, 2008.
Ala. Code § 41-9-46 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-46
Section 41-9-46 Council Designated Official Agency to Receive and Disburse Funds from National Foundation on the Arts and Humanities; Request and Receipt of Assistance and Data from Departments, Agencies, Etc., of State
Status: in_force

(a) The council shall be the official agency of this state to receive and disburse any funds made available by the National Foundation on the Arts and Humanities.

(b) The council may request and shall receive from any department, division, board, bureau, commission, or agency of the state such assistance and data as may be reasonably consistent with the facilities, personnel and duties of the organization to which the request is made so as to enable the council properly to carry out its powers and duties under this article.
Ala. Code § 41-10-178 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-178
Section 41-10-178 Appropriation of Public Funds and Construction and Maintenance of Roads and Other Public Facilities, Etc., for the Authority by Counties and Municipalities
Status: in_force

The county commission of any county or governing body of any municipality in this state shall be authorized, by resolution duly adopted and recorded, to appropriate any available public funds not otherwise pledged to the use of the authority and shall be authorized to construct and maintain roads and bridges and other public facilities and improvements on authority owned or controlled land.
Ala. Code § 41-22-5 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-5
Section 41-22-5 Notice of Intent to Adopt, Amend, or Repeal Rules; Adoption of Emergency Rules; Procedural Requirements; Proceedings to Contest Rules
Status: in_force

(a) Prior to the adoption, amendment, or repeal of any rule, the agency shall:

(1) Give at least 35 days’ notice of its intended action. Date of publication in the Alabama Administrative Monthly shall constitute the date of notice. In addition to the other requirements of this chapter, the notice shall state whether the proposed adoption, amendment, or repeal of the rule relates to or affects in any manner any litigation which the agency is a party to concerning the subject matter of the proposed rule. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, shall specify a notice period ending not less than 35 days or more than 90 days from the date of the notice, during which period interested persons may present their views, and shall specify the place where, and the manner in which, interested persons may present their views. The notice shall be given to the chair of the committee, as provided in Section 41-22-23, and mailed to all persons who pay the cost of the mailing and who have made timely request of the agency for advance notice of its rulemaking proceedings and shall be published, prior to any action, in the Alabama Administrative Monthly. A complete copy of the proposed rule shall be filed with the secretary of the agency and the Legislative Services Agency, Legal Division.

(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if conflicting views are submitted on the proposed rule, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling any considerations urged against its adoption.

(b)(1) Notwithstanding any other provision of this chapter to the contrary, if an agency finds that an immediate danger to the public health, safety, or welfare requires adoption of a rule upon fewer than 35 days’ notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a rule upon fewer than 35 days’ notice and states in writing its reasons for that finding to the committee, the agency may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule shall become effective immediately, unless otherwise stated in the rule, upon the filing of the rule and a copy of the written statement of the reasons therefor with the Legislative Services Agency, Legal Division, and the secretary of the agency. The rule may be effective for a period of not longer than 120 days and shall not be renewable.

(2) An agency shall not adopt the same or a substantially similar emergency rule within one calendar year from its first adoption unless the agency clearly establishes it could not reasonably be foreseen during the initial 120-day period that such emergency would continue or would likely reoccur during the next nine months. The adoption of the same or a substantially similar rule by normal rulemaking procedures is not precluded. In any subsequent action contesting the effective date of a rule adopted pursuant to this subsection, the burden of proof shall be on the agency to justify its finding.

(3) Prior to indexing and publication, the agency shall make reasonable efforts to apprise the persons who may be affected by its rules of the adoption of the emergency rule. An emergency rule shall be strictly construed and shall not be valid except to the extent necessary to prevent, mitigate, or resolve immediate danger to the public health, safety, or welfare.

(c) It is the intent of this section to establish basic minimum procedural requirements for the adoption, amendment, or repeal of administrative rules. Except for emergency rules which are provided for in subsection (b), this section is applicable to the exercise of any rulemaking authority conferred by any statute, but nothing in this section repeals or diminishes additional requirements imposed by law or diminishes or repeals any summary power granted by law to the state or any agency thereof.

(d) No rule adopted after October 1, 1982, is valid unless adopted in substantial compliance with this section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this section must be commenced within two years from the effective date of the rule; provided, however, that a proceeding to contest a rule based on failure to provide notice as required in this section may be commenced at any time.
Ala. Code § 41-9-85.6 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-85.6
Section 41-9-85.6 Failure to Provide Notice; Penalties; Costs and Expenses of Securities Commission
Status: in_force

(a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-85.2, the Securities Commission, after notice and hearing pursuant to the Alabama Administrative Procedure Act, may impose an assessment of up to the amount of the payment or obligation to pay and a civil penalty of up to one thousand dollars ($1,000) or ten percent of the payment or obligation to pay, whichever is greater.

(b)(1) If a person fails to pay the assessment and civil penalty imposed by subsection (a), the assessment and civil penalty may be recovered from the person by an action brought by the Securities Commission in any court of competent jurisdiction.

(2) Notwithstanding any provision of law to the contrary, an alleged failure by a convicted individual to give notice under Section 41-9-85.2 may not result in proceedings for an alleged violation of the conditions of probation, parole, conditional release, post release supervision, or supervised release, unless all of the following occur:

a. A victim of a crime makes one or more claims pursuant to this division.

b. The Securities Commission imposes an assessment or penalty, or both, against the convicted individual pursuant to this division.

c. The convicted individual fails to pay the total amount of the assessment or penalty within 60 days of the imposition of the assessment or penalty.

(c) The Securities Commission may recover, from any assessment or civil penalty imposed under subsection (a), the actual cost of investigation, negotiation, settlement, or prosecution of the violation for which a penalty has been imposed. The expenses may include personnel costs, travel, per diem expenses, and any cost associated with retaining non-employee personnel to assist in collection or prosecution of the action.
Ala. Code § 41-10-310 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-310
Section 41-10-310 Authority to Issue Bonds
Status: in_force

For the purpose of providing funds for the acquisition of sites, for the construction, reconstruction, alteration, and improvement of facilities, for the procurement and installation of equipment therefor, and for payment of obligations incurred and the principal of and interest on any temporary loans made for any of the said purposes, the authority is hereby authorized, from time to time, to sell and issue its bonds (other than refunding bonds) in such aggregate principal amounts as may be determined by the board of directors of the authority to be necessary for the said purposes.
Ala. Code § 41-10-55 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-55
Section 41-10-55 Issuance and Sale of Bonds Authorized Generally; Form, Terms, Denominations, Etc., Thereof; Bonds to Be Deemed Negotiable Instruments; Redemption
Status: in_force

Bonds of the authority may be sold from time to time as the board of directors may deem advantageous; provided, that the aggregate principal amount of bonds of the authority which may be issued under this article shall be limited to $20,000,000.00, but the said limitation shall not apply to refunding bonds which may be issued under this article and also shall not apply to bonds of the authority which may be issued under any other act which may at any time hereafter be enacted.

The bonds shall be in such forms and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable and evidenced in such manner and may contain other provisions not inconsistent with this article as may be provided in the resolution or resolutions of the board of directors of the authority wherein the bonds are authorized to be issued; provided, that none of the bonds shall have a specified maturity date later than 30 years after its date. Such bonds may be in bearer form with interest coupons or registered as to principal and interest or may be registered as to principal only and, upon surrender and endorsement or assignment, may be exchanged for a like bearer or registered security for a reasonable fee and upon such signature guarantees and other assurances as the authority may prudently require.

The bonds and coupons shall be construed to be negotiable instruments although payable from a specified source as provided in this article, and such bonds and coupons shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state.

The authority may at its election retain in the resolution or resolutions under which any of the bonds are issued an option to redeem all or any thereof and at such redemption price or prices and after such notice or notices and on such terms and conditions as may be set forth in said resolution or resolutions and as may be briefly recited on the face of the bonds with respect to which such option of redemption is retained. With respect to those of the bonds having stated maturities more than 10 years after the date thereof, the authority shall retain in the resolution or resolutions authorizing their issuance an option to redeem at the expiration of the tenth year following the date thereof and on any interest payment date thereafter all or any of the bonds having stated maturities after the expiration of the tenth year following their date, at such redemption price or prices and after such redemption notice or notices and on such terms and conditions as may be set forth in said resolution or resolutions and briefly recited on the face of the bonds.
Ala. Code § 41-9-624 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-624
Section 41-9-624 Determination by Commission as to Criminal Record of Person Arrested and Notification of Requesting Agency or Arresting Officer
Status: in_force

The commission is authorized to compare all fingerprints and other identifying data received with information already on file, to ascertain whether or not a criminal record is found for that person and at once to inform the requesting agency or arresting officer of such facts.
Ala. Code § 41-9-411 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-411
Section 41-9-411 Officers; Procedures and Rules; Committees and Task Forces
Status: in_force

The commission shall hold an organizational session at which time the commission shall select a chair and such other officers from its membership as it deems necessary. The commission shall at its organizational session adopt such procedures and rules that will enable the implementation of the purposes of the commission. It shall have the responsibility of appointing such committees and task forces as they deem necessary.
Ala. Code § 41-6A-5 — Alabama Code / Title 41 / Chapter 6A / Section 41-6A-5
Section 41-6A-5 Public Awareness and Education Programs; Objectives
Status: in_force

The department shall conduct and administer public awareness and education programs which shall inform the public and state and local government policymakers of at least the following:

(1) The energy prospects for the state;

(2) The alternative futures in economic and environmental terms under different energy policies;

(3) The manpower needs of alternative energy policies;

(4) The probable impact of existing and proposed actions of state and federal government;

(5) The potential of research and development programs; and

(6) The importance of, and the technologies and methods necessary to achieve, energy conservation goals in all consuming sectors of the state’s economy.
Ala. Code § 41-23-7 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-7
Section 41-23-7 Legislative Oversight Commission
Status: in_force

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-400.
Ala. Code § 41-9-311 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-311
Section 41-9-311 Historic Chattahoochee Compact
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-165 EFFECTIVE MARCH 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-10-69 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-69
Section 41-10-69 Conveyance of Lands, Buildings, Properties, Etc., of Authority to State Upon Payment in Full of Bonds, Etc.; Dissolution of Authority
Status: in_force

(a) When all bonds issued by the authority and all obligations assumed by it under the provisions of this article shall have been paid in full, the president of the authority shall thereupon execute and deliver in the name of and in behalf of the authority an appropriate deed or deeds, to which the seal of the authority shall be affixed and attested by the secretary of the authority, whereby there shall be conveyed to the state all the lands, buildings, fixtures, properties, and other assets then owned by the authority.

(b) The then officers and directors of the authority shall at such time file with the Secretary of State a written statement, subscribed and sworn to by each of them, reciting the payment in full of all bonds theretofore issued by the authority and the execution and delivery of such deed or deeds to the state, which statement shall be filed by the Secretary of State and recorded with the certificate of incorporation of the authority, whereupon the authority shall stand dissolved.
Ala. Code § 41-10-264 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-264
Section 41-10-264 Certificate of Incorporation; No Fees for Incorporation or Dissolution
Status: in_force

When the application has been made, filed, and recorded as provided in Section 41-10-263, the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate with the application, whereupon the applicants shall constitute a public corporation of the state under the name proposed in the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation or dissolution of the authority.
Ala. Code § 41-9-786 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-786
Section 41-9-786 Obligations, Etc., Exempt from Taxation
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 § 41-29-360 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-360
Section 41-29-360 Short Title; Definitions
Status: in_force

(a) This division shall be known and may be cited as the Alabama Terminal on Linking and Analyzing Statistics on Career Pathways Act.

(b) For the purposes of this division, the following terms shall have the following meanings:

(1) COUNCIL. The P-20W Council.

(2) DE-IDENTIFICATION. The process used to remove all direct personal identifiers from individual level data.

(3) OFFICE. The Office of Education and Workforce Statistics.

(4) STUDENT DATA.

a. Data relating to student performance including, but not limited to, all of the following:

1. State and national assessments.

2. Course taking and completion.

3. Grade point average.

4. Remediation.

5. Retention.

6. Special population status as defined by the Alabama Workforce Innovation and Opportunity Act state plan.

7. Degree, diploma, or credential attainment.

8. Enrollment and absenteeism data.

9. Demographic data.

10. Suspension and expulsion records.

11. Student financial aid data.

b. Student data does not include any of the following:

1. Juvenile delinquency records.

2. Criminal records.

3. Medical and health records.

(5) SYSTEM. The Alabama Terminal on Linking and Analyzing Statistics (ATLAS) on Career Pathways longitudinal database system.

(6) WORKFORCE DATA. Data relating to, but not limited to, any of the following:

a. Employment status.

b. Wage information.

c. Special population status as defined by the Alabama Workforce Innovation and Opportunity Act state plan.

d. Geographic location of employment.

e. Industry or occupation, or both.
Ala. Code § 41-23-234 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-234
Section 41-23-234 Applicability of Article
Status: in_force

This article applies to contracts entered into on or after September 1, 2019.
Ala. Code § 41-23-255 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-255
Section 41-23-255 Amount of Grants; Applications
Status: in_force

(a) The amount of research and development enhancement grants awarded by ADECA shall be subject to the appropriations of the Legislature. No research entity shall receive a research and development enhancement grant of more than 20 percent of the maximum amount awarded in a single fiscal year. The grants shall be allocated among various taxpayers using the procedures in this section.

(b) Each research entity who wishes to apply for a grant shall file an application with ADECA showing the amount of grant funding which the research entity expects in good faith to qualify for during the applicable fiscal year. No application shall show an expected claim in excess of 20 percent of the maximum amount to be awarded in a single fiscal year.

(c) If grant funds for the corresponding fiscal year are returned for any reason or if additional grant funds become available, ADECA may continue to award grants based on the competitive rating system.
Ala. Code § 41-9-349 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-349
Section 41-9-349 Powers and Duties of Commission Generally
Status: in_force

(a) The commission shall acquire the Battleship USS Alabama (BB60) for and on behalf of the State of Alabama and select and improve appropriate sites for the permanent or temporary berthing of the vessel, taking into consideration factors, including, but not limited to, the accessibility of same, the location of nearby roads and highways, scenic attractions, esthetic value, cost, cooperation with federal, state, county, municipal, and other governmental authorities, protection from the hazards of weather, fire, and sea and any other factors which may affect the suitability of the site for the establishment of the ship as a temporary or permanent memorial and exhibit.

(b) The commission shall generate and manage operating funds through parking fees, admission charges, and overnight berthing or camping programs for the education of scouts and other youth groups exempt from state lodging taxes, staff or concession operations offering merchandise, food, beverages, rides, or services compatible with the commission’s mission, and short term rental of park sites for educational, commemorative, civic, camping, or social functions.

(c) The commission may accept public or private gifts, grants, and donations for the purposes of this article, may make and enter into contracts with other governmental departments, agencies, and boards, either federal, state, or municipal, and with private persons and corporations, may transport the ship to and berth the same at temporary and permanent park sites, ready the ship for visitation by the public, establish and provide for a proper charge for admission to the ship and otherwise renovate, maintain, and operate the ship as a permanent memorial and exhibit.

(d) The commission shall have full, complete and exclusive jurisdiction over the vessel, the sites and the related exhibits and shall allocate funds from its treasury for the fulfillment and accomplishment of its duties and responsibilities in a manner as may be necessary and appropriate for the perfection of the purposes of this article, including the power to lease lands of the commission whenever the commission shall find any action to be in furtherance of the purposes for which the commission was organized, and the authority to pledge revenues from its income from long term leases, future revenues from admissions, and any other sources as may from time to time be necessary or desirable.

(e) No lease may be entered into for longer than 25 years with option to renew every five year period thereafter.