Ala. Code § 41-16-120 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-120
Section 41-16-120 Powers and Duties; Definitions
Status: in_force

(a) The Director of the Department of Economic and Community Affairs shall be responsible for the distribution, transfer, or disposal of all surplus personal property owned by the state and all right, title, interest, and equity in the property shall be transferred to the department for such purpose. The director may delegate to the Director of the Surplus Property Division such supervision and control of the distribution or disposal of state owned surplus personal property.

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

(1) DIVISION. Surplus Property Division of the Department of Economic and Community Affairs.

(2) SURPLUS PROPERTY. That property declared by the property manager of each state department, bureau, board, commission, or agency to be surplus and so designated in writing to the director of the division. All real property owned by any state department, bureau, board, commission, agency, or institution, and any subdivision thereof; including, but not limited to, real property owned by any state college, university, two-year college, technical school, or other postsecondary institution of higher learning shall be handled in the manner provided in Section 41-4-33, or such other provisions of law as may be appropriate but in no circumstance shall any law regarding real property acquired, owned, or disposed of by the state or any subdivision thereof be amended, substituted, or in other manner altered by this article.

(3) ELIGIBLE ENTITY. Any public agency or nonprofit educational or public health institution or organization that is eligible to participate as a recipient of surplus property pursuant to the Federal Property and Administrative Services Act of 1949, as amended, and that is not found to be in violation of division rules and regulations during the 12 months immediately preceding the intended purchase.

(4) PROPERTY MANAGER. That officer or employee who shall be designated by the head of each department, board, bureau, commission, institution, corporation, or agency of the state, in writing, to the division and the State Auditor’s office, to be the property manager.

(5) PUBLISH. Print or electronic distribution of information.

(c) The property manager shall report to the Surplus Property Division of the Department of Economic and Community Affairs any personal property declared surplus by his or her department, board, bureau, commission, institution, corporation, or agency and deliver the property to any place designated by the division to be the proper place for such delivery.

(d) The director or his or her designee shall be authorized to promulgate such administrative rules and regulations as deemed necessary including, but not limited to:

(1) Promotion of surplus property.

(2) Shipment of surplus property.

(3) Storage of surplus property.

(4) Length of retention of surplus property.

(5) Public auction of surplus property.

(6) Such other rules and regulations as, from time to time, may be determined to be necessary.

(e) The division shall have authority to sell surplus property at fair market value, as established by the division and set out in its published rules, to eligible entities as defined in subsection (b)(3). Payment for purchases by any of the eligible entities shall be made within 30 days after such purchase. Payment plans may be established at the discretion of the division director or his or her designee within guidelines approved by the Director of ADECA. If payment is not made within 60 days after a purchase, in cases where a payment plan has not been established, then such purchase shall be declared void and in default, and the property shall be returned immediately by the defaulting purchaser to the division.

(f) Any eligible entity authorized to purchase federal surplus property shall be authorized to purchase state surplus property under this section provided the corporation complies with all federal laws, regulations, and guidelines regarding the purchase of surplus federal property.
Ala. Code § 41-10-82 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-82
Section 41-10-82 Purpose of Article; Construction of Article Generally
Status: in_force

It is the intention of the Legislature by the passage of this chapter to empower each county in the state to authorize the incorporation of one or more public corporations as political subdivisions of the state for the purpose of providing products markets, exhibition halls, coliseums, and buildings and related structures where products and goods may be displayed and exhibits, contests and sporting events conducted in order to encourage the buying and selling of products and goods, to encourage the expansion of existing industries in Alabama, to encourage the location of new industries in Alabama and to encourage public interest in sports and amusements and thus to promote commerce and goodwill in the State of Alabama and to invest each corporation organized hereunder with such powers as may be necessary or desirable to enable it to accomplish such purposes.

This article shall be liberally construed in conformity with such intent.
Ala. Code § 41-10-268 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-268
Section 41-10-268 Authorization, Issuance and Sale of Bonds
Status: in_force

The authority is hereby authorized from time to time to sell and issue its interest-bearing or noninterest-bearing bonds, in one or more series, not to exceed an aggregate principal amount of $40,000,000.00, excluding refunding bonds described in Section 41-10-277, for the purpose of providing funds for the acquisition, construction, installation, and equipping of judicial facilities, and for payment of obligations incurred for any of said purposes.

Bonds of the authority may be in such form and denominations, may be of such tenor, may be payable in such installments and at such time or times not exceeding 30 years from their date, may be payable at such place or places, may be redeemable at such times and under such conditions, may bear interest at such rate or rates payable and evidenced in such manner or may be structured to bear no interest or to reflect compound interest and may be secured in such manner, all as shall not be inconsistent with the provisions of this article and as may be provided in the proceedings of the board of directors whereunder said bonds shall be authorized to be issued. Bonds of the authority may be sold at such price or prices and at such time or times as the board of directors may consider advantageous, either at public or private sale and by negotiation or by competitive bid. Bonds of the authority sold by competitive bid must be sold, whether on sealed bids or at public auction to the bidder whose bid reflects the lowest net interest cost to the authority for the bonds being sold, computed from their date to their respective maturities; provided, that if no bid acceptable to the authority is received, it may reject all bids. The authority may fix the terms and conditions under which each sale of bonds may be held; provided, that such terms and conditions shall not conflict with any of the requirements of this article. The authority may allow or pay, from the proceeds of sale of its bonds, all expenses, fees, premiums, discounts, insurance premiums, and commissions as the board of directors may deem necessary or advantageous in connection with the authorization, sale and issuance of its bonds. Neither a public hearing nor consent of the state Department of Finance of any other department or agency of the state shall be a prerequisite to the issuance of bonds by the authority. 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 § 41-10-822 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-822
Section 41-10-822 Small Business Innovation Research and Small Business Technology Transfer Research Matching Grants
Status: in_force

The corporation may make Small Business Innovation Research and Small Business Technology Transfer Research matching grants to entities as provided in this section.

(1) The corporation may establish priorities, guidelines, standards, and processes by which the matching grants contemplated in this article may be awarded.

(2) The corporation shall require interested entities to complete applications on forms issued by the corporation.

(3) If an entity is seeking a matching grant for a Small Business Innovation Research award, the application shall demonstrate either of the following:

a. For a Phase I application, that the entity has received a Phase I Small Business Innovation Research award from a federal agency in response to a specific federal solicitation.

b. For a Phase II application, that the entity has received a Phase II Small Business Innovation Research award from a federal agency in response to a specific federal solicitation.

(4) If an entity is seeking a matching grant for a Small Business Technology Transfer Research award, the application shall demonstrate either of the following:

a. For a Phase I application, that the entity has received a Phase I Small Business Technology Transfer Research award from a federal agency in response to a specific federal solicitation.

b. For a Phase II application, that the entity has received a Phase II Small Business Technology Transfer Research award from a federal agency in response to a specific federal solicitation.

(5) Applications shall be considered by the board of the corporation. For an entity seeking a matching grant under subdivision (4), the corporation may give preference to entities seeking matching grants which conduct funded research in this state with HudsonAlpha Institute for Biotechnology, Southern Research Institute, public or nonprofit colleges or universities, community colleges, or any other entity located in the state which is described in 15 U.S.C. § 638(e)(8), with particular focus on underrepresented companies as defined in subsection (c) of Section 40-18-376.4, in a manner that reflects the diversity of gender, race, and geographical areas of the state, and small businesses conducting research in partnership with historically Black colleges and universities. Upon the approval of the board, the corporation may grant available funds to entities in amounts not to exceed the lesser of either of the following:

a. Fifty percent of the relevant federal Small Business Innovation Research or Small Business Technology Transfer award made to the entity.

b.1. For a matching grant awarded to match a federal Phase I award, one hundred thousand dollars ($100,000); or

2. For a matching grant awarded to match a federal Phase II award, two hundred fifty thousand dollars ($250,000).

(6) The corporation shall develop a marketing campaign directed at ensuring that underrepresented companies, as defined in subsection (c) of Section 40-18-376.4, and historically Black colleges and universities are aware of the federal Small Business Innovation Research and Small Business Technology Transfer Research programs, together with the Alabama award match program.

(7) The corporation shall develop a program that will provide federal Small Business Innovation Research and Small Business Technology Transfer Research program application assistance to underrepresented companies, as defined in subsection (c) of Section 40-18-376.4.

(8) The amount and all terms and conditions of the grant shall be memorialized in a grant agreement between the corporation and the entity, which agreement shall include all of the following terms and conditions:

a. The amount of the grant, or the formula under which the amount is computed.

b. The specific use of grant monies paid by the corporation, which use shall not be the recoupment of a personal investment in the entity or the repayment of debt.

c. The condition that the entity, within 12 months after receipt of the grant, shall have its primary place of business in this state, the place of residence of the the majority of its top executives in this state, and the place of residence of at least a majority of its employees for a period of five years after the effective date of the grant agreement in this state.

d. The requirement that the default of the entity, under any provision of the grant agreement, shall result in the repayment of any monies paid to the entity by the corporation, unless the entity should default because it ceases to be a going concern prior.
Ala. Code § 41-9-956 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-956
Section 41-9-956 Commission a Public Body Corporate; Powers
Status: in_force

The commission shall constitute a public body corporate and shall have all power necessary to effect the purposes for which it has been established under the terms of this article, together with all powers incidental or necessary to the discharge of its powers and duties, including promotional activities, advertising, and other related tourism activities.
Ala. Code § 41-10-431 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-431
Section 41-10-431 Authority as 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 person or entity.
Ala. Code § 41-7A-3 — Alabama Code / Title 41 / Chapter 7A / Section 41-7A-3
Section 41-7A-3 Purchase of Prior Service Credit for Time in Employees’ Retirement System
Status: in_force

If the director or a classified employee of the Alabama Film Office has previously served as an independent contractor of the Alabama Film Office, and desires to purchase prior service credit for time in the Employees’ Retirement System after becoming an active and contributing member of the retirement system under this chapter, he or she shall pay to the Secretary-Treasurer of the Retirement System in a lump sum within five years from August 9, 1995, the full cost of the employer and employee contributions necessary to purchase the prior service credit as determined by the actuary for the retirement system based on the current compensation or final average compensation of the employee, whichever is greater.
Ala. Code § 41-8-3 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-3
Section 41-8-3 Election of Officers of Executive Board; Director of Public Library Service and Assistants
Status: in_force

The members of the executive board shall elect from its membership a chairman and vice-chairman.

The board shall appoint a director. The director shall be a graduate of an accredited library school who shall have had a minimum of three years of library experience in an administrative capacity or shall be a college graduate with a master’s degree with a major in library science who shall have had a minimum of five years of library experience in an administrative capacity. The director shall not be a member of the executive board and shall serve at the pleasure of the board. All other members of the staff of the service shall be appointed by the executive board on the nomination of the director and shall be subject to the provisions of the state Merit System law. The director shall keep a record of the proceedings of the board, shall keep accurate accounts of all financial transactions of the service, shall have charge of its work in organizing new libraries and improving those already established and in general perform such duties as may from time to time be assigned by the executive board.
Ala. Code § 41-23-26 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-26
Section 41-23-26 Additional Requirements for Business, Etc., to Receive Benefits
Status: reserved

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

Additional requirements for a business, partnership, corporation, or individual to receive benefits shall include:

(1) The business must expand its labor force or make new capital investments or prevent a loss of employment to an existing business.

(2) A business may not have closed or reduced employment elsewhere in Alabama in order to expand into the zone.
Ala. Code § 41-9-933 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-933
Section 41-9-933 Meetings; Personnel; Powers
Status: in_force

(a) The board shall meet at least annually as prescribed in its rules and bylaws. Members of the board shall not be compensated for their services. The board shall fill vacancies as they occur in the manner prescribed in Section 41-9-932. A board member shall serve until his or her successor is appointed.

(b) The board may hire personnel necessary or advisable to carry out the purposes and provisions of this article through its Agriplex facilities. Personnel shall be subject to the state Merit System Act.

(c) The board shall constitute a public body corporate and shall have, in addition to those powers set forth specifically in this article, all powers necessary or convenient to effect the purposes for which it has been established under and by the terms of this article, together with all powers incidental or necessary to discharge its powers and duties.
Ala. Code § 41-4-120 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-120
Section 41-4-120 Division of Procurement Created
Status: in_force

There is created within the Department of Finance the Division of Procurement, headed by the Chief Procurement Officer.
Ala. Code § 41-4-390 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-390
Section 41-4-390 Division Created; Powers and Duties; Director
Status: in_force

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

(a) The functions, powers, and duties of the Division of Energy Management shall be, with respect to state-owned or state leased facilities, as follows:

(1) To formulate a statewide energy management program to promote energy conservation.

(2) To establish long-range plans in regard to state energy management needs.

(3) To study, develop, and implement methods of measuring and reporting energy efficiency and energy usage for state owned and leased facilities and to require all agencies to assist in such activities.

(4) To promulgate uniform standards of energy management and energy savings procedures and practices applicable to all state-owned or state leased facilities.

(5) To develop energy conservation practices in the design, construction, renovation, operation, furnishing, equipping, and maintenance of state facilities.

(6) To assist and advise the Director of Finance on cost savings methods through energy management.

(7) To contract with other agencies, corporations, entities, or individuals to make studies, surveys, investigations, or recommendations for energy management or energy savings procedures and practices.

(8) To make rules and regulations necessary to implement the provisions of this article.

(9) To perform such other functions and duties of the Department of Finance as may from time to time be assigned by the Director of Finance.

(b) The Division of Energy Management shall be headed by and under the supervision, direction and control of an officer who shall be designated Director of Energy Management. He or she shall be appointed, subject to the provisions of the state Merit Law, by the Director of Finance, with the approval of the Governor. The compensation of such officer shall be fixed in accordance with the pay plan of the state Merit System.
Ala. Code § 41-4-111 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-111
Section 41-4-111 Relation to Other Laws
Status: in_force

Unless displaced by the particular provisions of this article, the principles of law and equity, including the Uniform Commercial Code, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, and bankruptcy shall supplement this article.
Ala. Code § 41-19A-4 — Alabama Code / Title 41 / Chapter 19A / Section 41-19A-4
Section 41-19A-4 Violations
Status: in_force

(a) Pass-through appropriations are prohibited. An agency director, assistant director, executive assistant, or any similar direct subordinate directing or permitting a pass-through appropriation shall be subject to disciplinary action or dismissal, or both, by the appropriate appointing authority.

(b) An agency director, assistant director, executive assistant, or any similar direct subordinate who violates this section shall be guilty of a Class C misdemeanor unless the agency director, assistant director, executive assistant, or any similar direct subordinate did not know and did not have reason to know of the pass-through appropriation. Acts constituting a violation of this chapter shall not be the basis for a violation of any other criminal law by the agency director, assistant director, executive assistant, or any similar direct subordinate or any other person.
Ala. Code § 41-16-54 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-54
Section 41-16-54 Advertisement for and Solicitation of Bids; Opening of Bids; Reverse Auction Procedures; Public Inspection
Status: in_force

(a)(1) All proposed purchases of thirty thousand dollars ($30,000) or more shall be advertised by posting notice thereof on a bulletin board maintained outside the purchasing office and in any other manner and for any length of time as may be determined. Sealed bids or bids to be submitted by a reverse auction procedure shall also be solicited by sending notice by mail or other electronic means to all persons, firms, or corporations who have filed a request in writing that they be listed for solicitation on bids for the particular items that are set forth in the request. If any person, firm, or corporation whose name is listed fails to respond to any solicitation for bids after the receipt of three solicitations, the listing may be cancelled.

(2) If a governing body mandates that advertisement for bids shall be published in a newspaper, the contract for purchase shall be awarded if the newspaper to which the advertisement was submitted did not publish the advertisement if the governing body can provide proof that it in good faith submitted the advertisement to the newspaper with instructions to publish the notice in accordance with this section.

(b) Except as provided in subsection (d), all bids shall be sealed when received and shall be opened in public at the hour stated in the notice.

(c) If the purchase or contract will involve an amount of less than thirty thousand dollars ($30,000), the purchases or contracts may be made upon the basis of sealed bids, a joint purchasing agreement, a reverse auction procedure, or in the open market.

(d) Beginning January 1, 2009, the awarding authority may make purchases or contracts involving an amount of thirty thousand dollars ($30,000) or more through a reverse auction procedure. However, a reverse auction shall only be allowed where the item to be purchased at a reverse auction is either not at the time available on the state purchasing program under the same terms and conditions or, if available, the lowest price offered in the reverse auction is equal to or less than the price for which the item is available on the state purchasing program under the same terms and conditions. All of the purchases shall be subject to audit by the Department of the Examiners of Public Accounts. For purposes of this article, a reverse auction procedure includes either of the following:

(1) A real-time bidding process usually lasting less than one hour and taking place at a previously scheduled time and Internet location, in which multiple anonymous suppliers submit bids to provide the designated goods or services.

(2)a. A bidding process usually lasting less than two weeks and taking place during a previously scheduled period and at a previously scheduled Internet location, in which multiple anonymous suppliers submit bids to provide the designated goods or services.

b. No later than November 30, 2008, the Department of Examiners of Public Accounts shall establish procedures for the use of reverse auction, which shall be distributed to all contracting agencies and shall be used in conducting any audits of the purchasing agency.

(e) All original bids together with all documents pertaining to the award of the contract shall be retained in accordance with a retention period of at least seven years established by the Local Government Records Commission and shall be open to public inspection.

(f) No purchase or contract involving professional services shall be subject to the requirements of this article.

(g) This section shall be applicable to education purchases made pursuant to Chapter 13B of Title 16.
Ala. Code § 41-10-517 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-517
Section 41-10-517 Exemption from Taxation
Status: in_force

The properties of the authority and the income therefrom, all lease agreements made by the authority and all bonds and promissory notes issued by the authority, the interest thereon, the coupons, if any, applicable thereto, the income therefrom and all lien notices with respect thereto, and all purchases and use of property by the authority shall be forever exempt from any and all taxation in the state or in any county, municipality, or political subdivision thereof.
Ala. Code § 41-10-85 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-85
Section 41-10-85 Execution of Certificate of Incorporation; Filing of Certificate of Incorporation, Resolution of Governing Body, Etc., with Probate Judge and Recordation Thereof by Probate Judge
Status: in_force

(a) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments of deeds and shall have attached thereto a certified copy of the resolution provided for in Section 41-10-84 and a certificate by the Secretary of State of the state that the name proposed by the corporation is not identical with that of any other corporation in the state or so nearly similar thereto as to lead to confusion or uncertainty.

(b) The certificate of incorporation, together with the documents required by Section 41-10-84 to be attached thereto, shall be filed in the office of the judge of probate of the county, who shall forthwith receive and record the same.

(c) When such certificate of incorporation and attached documents have been so filed, the corporation shall come into existence and shall constitute a body corporate and politic and a political subdivision of the state under the name set forth in such certificate of incorporation, whereupon the corporation shall be vested with the rights and powers granted in this article.
Ala. Code § 41-9-766 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-766
Section 41-9-766 Toll-Free Telephone Number Authorized
Status: in_force

Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-226.
Ala. Code § 41-16-84 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-84
Section 41-16-84 Furnishing of Disclosure Statement; Affirmative Defense
Status: in_force

Each state agency, department, or division receiving a proposal, bid, contract, or grant proposal from all persons shall inform each person of this article and shall give each person a disclosure statement to complete. It shall be an affirmative defense under this article if any awarding agency fails to furnish and require the return of the disclosure statement.
Ala. Code § 41-10-754 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-754
Section 41-10-754 Powers of the Authority
Status: in_force

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

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

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

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

(4) To establish a fiscal year.

(5) To adopt, and from time to time, amend and repeal, bylaws, rules, and regulations not inconsistent with this article, to carry out and to effect the powers and purposes of the authority in the conduct of its business.

(6) To sell and issue bonds as provided in this article 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, or to pay the costs of transportation projects.

(7) To sell and issue refunding bonds, subject to the terms and conditions of this article.

(8) To receive and deposit the BP settlement revenues into the special fund, to invest such BP settlement revenues in the manner provided in this article, to apply such revenues to payment of bonds issued by the authority in the manner provided in this article, and to other authorized uses, and to cause the net proceeds from the sale of the bonds of the authority 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, and to be used to pay the costs of transportation projects.

(9) To execute and deliver mortgages, security agreements and trust indentures, and other forms of agreements for the purpose of securing the authority’s bonds and in connection therewith, to mortgage, pledge, or assign the appropriated funds and other monies and property available to the authority.

(10) As security for the payment of the authority’s bonds, to pledge the appropriated funds and any other monies and property available to the authority.

(11) To arrange for various forms of security or credit enhancement for the authority’s bonds, including letters of credit, guaranties, policies of insurance, surety bonds, and similar instruments.

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

(13) Any provision of law to the contrary notwithstanding, the authority shall have vested in it all powers necessary to fulfill its fiduciary duty, including the power to sue and be sued, complain and defend its own name; provided; however, that as an instrumentality of the state, the authority, its officers, and employees shall be entitled to sovereign immunity to the same extent as the state, its agencies, officers, and employees, subject to Section 36-1-12.

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

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

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

(17) To sell, exchange, and convey any or all real or personal property belonging to the authority whenever its directors shall find any such action to be in furtherance of the purposes for which the authority was organized.

(18) To acquire, hold, and dispose of real and personal property.

(19) To sell, assign, or otherwise convey to another person or entity, for such consideration as the directors of the authority shall determine, the authority’s right to receive and collect the appropriated revenues or any portion thereof that have not been previously pledged as security for the bonds, and to use the proceeds from such sale, assignment, or other conveyance for deposits into the Alabama Trust Fund or the Rainy Day Account, to provide additional funds to the Alabama Medicaid Agency, or for transportation projects.

(20) To exercise any power granted by the laws of the state to public or private corporations that are not in conflict with the public purpose of this article.

(21) To adopt and promulgate administrative rules necessary or appropriate to effectuate its purposes and to administer the programs herein authorized.
Ala. Code § 41-16-52.1 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-52.1
Section 41-16-52.1
Status: in_force

(a) For purposes of this section, the term “awarding authority” means any county commission, governing body of a municipality, or an instrumentality of a county or municipality, including a waterworks board, a sewer board, a gas board, or other like utility boards and commissions.

(b) All expenditures of funds, made by or on the behalf of any awarding authority, for repair parts and the repair of vehicles shall be made at the option of the awarding authority without regard to this article when the following conditions are met:

(1) The vehicle has a gross vehicle weight rating of 12,000 pounds or less.

(2) The incident of repair does not involve more than fifteen thousand dollars ($15,000).

(3) The awarding authority solicits and documents price estimates from at least two different vendors prior to awarding the contract.

(c) The exemption provided under this section shall apply to each vehicle repaired, and the exempted expenditure shall not be aggregated with the expenditures of any other incidents of repair.

(d)(1) The option provided by subsection (b) may be exercised by the awarding authority by specific reference to this section on any purchase orders and purchase commitments executed by the awarding authority.

(2) The option shall not be exercised by any employee, agent, or servant unless done so after having received official prior approval of the respective awarding authority or unless exercised pursuant to a formal policy adopted by the awarding authority setting out conditions and restrictions under which the option shall be exercised.
Ala. Code § 41-16A-1 — Alabama Code / Title 41 / Chapter 16A / Section 41-16A-1
Section 41-16A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Governmental Leasing Act.
Ala. Code § 41-10-805 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-805
Section 41-10-805 Corporation Contracts
Status: in_force

The board may enter into contracts, leases, agreements, investments, and may otherwise expend monies without compliance with Article 5, commencing with Section 41-4-110, of Chapter 4 of Title 41 and Chapter 2 of Title 39. Solely as a result of entering into contracts, leases, agreements, investments, or otherwise, no for-profit or nonprofit private entity, nor the officers, employees, agents, or directors of any of the foregoing, shall become subject to Chapter 25 or Chapter 25A of Title 36; Article 5, commencing with Section 41-4-110, of Chapter 4 of Title 41; Chapter 2 of Title 39; or Article 3, commencing with Section 36-12-40, of Chapter 12 of Title 36 .
Ala. Code § 41-5A-12 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-12
Section 41-5A-12 Periodic Examinations and Audits of State and County Offices, Departments, Boards, Etc
Status: in_force

(a)(1) The books, records, vouchers, and accounts of every state and county office, officer, bureau, board, commission, corporation, institution, department, and agency shall be examined and audited at least once every two years and more frequently if deemed necessary by the chief examiner.

(2) The books, records, vouchers, and accounts of any state and county office, officer, bureau, board, commission, corporation, institution, department, and agency shall be examined and audited upon a request by the Legislative Committee on Public Accounts. Notwithstanding any other law to the contrary, the books, records, vouchers, and accounts of municipal boards of education or any state entity holding assets within or outside this state or within or outside the State Treasury may be examined and audited upon request of the committee.

(b) Examinations and audits required under this chapter shall be made at the expense of the state.

(c) A person who knowingly makes any materially false, fictitious, or fraudulent statement or representation in any audit or in providing any information under this chapter shall be guilty of a Class C felony.

(d) A state or county office, officer, bureau, board, commission, corporation, institution, department, or agency subject to audit or examination under this section may not contract for or arrange to have an independent financial audit unless the firm to provide the auditing services is authorized and approved by the chief examiner. Any audit or examination that is authorized by the chief examiner is subject to review by the chief examiner prior to finalization of the audit and public release. Notwithstanding the foregoing, this subsection does not apply to an independent financial audit of public pension funds or public health insurance plans as otherwise authorized by law.

(e) An institution of higher education governed by a board of trustees, in consultation with the chief examiner, may select a firm to provide auditing services. Any audits conducted are subject to review by the chief examiner.
Ala. Code § 41-9-41 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-41
Section 41-9-41 Establishment; Composition; Qualifications and Appointment of Members
Status: in_force

There is established a state commission to be known as the Alabama State Council on the Arts to honor the arts by providing grants, programs, and services that enhance the quality of life and economic vitality for all Alabamians by providing support for the state’s diverse and rich artistic resources. The council shall consist of 15 members, broadly representative of all fields of the performing and fine arts, to be appointed by the Governor from among residents of Alabama who are widely known for their competence and experience in connection with the performing and fine arts. When appointing members to the council, the Governor shall ensure that membership is reflective of the gender, race, and geographical makeup of the state. In making appointments, due consideration shall be given to the recommendations made by representative civic, educational, and professional associations and groups concerned with or engaged in the production or presentation of the performing and fine arts generally.
Ala. Code § 41-29-223 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-223
Section 41-29-223 Duties and Functions
Status: in_force

The duties and functions of the office shall include all of the following:

(1) Serve as the principal advocate in the state on behalf of small businesses, including, but not limited to, advisory participation in the consideration of all legislation and administrative regulations which affect small businesses.

(2) Establish a central reference program and general counseling service to assist small businesses.

(3) Represent the views and interests of small businesses before other state agencies whose policies and activities may affect small businesses.

(4) Enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by state government which are of benefit to small businesses, and information on how small businesses can participate in, or make use of, those programs and services.

(5) Evaluate the efforts of state agencies, businesses, and industry to assist minority small business enterprises, and make such recommendations as may be appropriate to assist the development and strengthening of minority and other small business enterprises.

(6) Consult with experts and authorities in the fields of small business investment, venture capital investment, and commercial banking and other comparable financial institutions involved in the financing of business, and with individuals with regulatory, legal, economic, or financial expertise, including members of the academic community, and individuals who generally represent the public interest.

(7) Determine the desirability of developing a set of rational, objective criteria to be used to define small business, and to develop such criteria, if appropriate.

(8) To provide a center of information where a person interested in establishing a commercial facility or engaging in a commercial activity may be informed of any registration, license, or other approval of a state regulatory agency that is required for that facility or activity or of the existence of standards, criteria, or requirements which the laws of this state require that facility or activity to meet.
Ala. Code § 41-10-311 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-311
Section 41-10-311 Authority to Issue Refunding Bonds
Status: in_force

The authority may, from time to time, sell and issue its refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority at the time outstanding and paying any premiums necessary to be paid to redeem any such bonds so to be refunded and all expenses incurred in connection therewith. Such refunding bonds shall be subrogated and entitled to all priorities, rights, and pledges to which the bonds refunded thereby were entitled.
Ala. Code § 41-23-213 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-213
Section 41-23-213 Grant Program; Rulemaking Authority; Alabama Broadband Accessibility Fund
Status: in_force

(a) The Director of ADECA may establish and administer the broadband accessibility grant program for the purpose of promoting the deployment and adoption of broadband Internet access services to unserved areas. The director shall adopt rules and policies to administer the program and begin to accept applications for grants, and shall adopt such rules as may be necessary to meet the future needs of the grant program.

(b) The program shall be administered pursuant to policies developed by ADECA in compliance with this article. The policies shall provide for the awarding of grants to entities that are cooperatives, corporations, limited liability companies, partnerships, other private business entities, or units of government, which provide broadband services. An entity is not eligible for a grant under this article unless the entity has submitted, within the one-year period preceding the awarding of the grant, the entity’s broadband service availability information to Alabama’s broadband mapping program. Nothing in this article shall expand the authority under state law of any entity to provide broadband service.

(c) There is hereby created the Alabama Broadband Accessibility Fund in the State Treasury. The fund is subject to appropriations by the Legislature and gifts, grants, and other donations received by ADECA for the broadband accessibility grant program or fund. All state and federal grant monies deposited in the fund shall be expended by ADECA in accordance with the statewide connectivity plan and any legal requirements applicable to those grant monies, including their program eligibility, deployment, and reporting requirements. ADECA may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to ADECA for broadband grants that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. ADECA shall develop rules ensuring that expenses incurred to administer the program must not exceed the lesser of seven percent of the total amount appropriated for the program in any fiscal year or seven hundred fifty thousand dollars ($750,000). Monies in the fund shall be invested by the State Treasurer for the sole benefit of the fund.

(d)(1) Individual grants awarded by ADECA under this section may only be awarded for projects in unserved areas that will be capable of transmitting broadband signals at or above 100 megabits per second of download speed and 100 megabits per second of upload speed, and may not exceed the lesser of:

a. Eighty percent of the project costs.

b. Five million dollars ($5,000,000).

(2) Grants may be given to any qualified entity pursuant to subsection (b) that meets the service criteria for expenditures.

(3) ADECA shall ensure that not less than 40 percent of funds appropriated for grants be utilized in unincorporated areas of the state.

(4) Subject to the limitations in this subsection, grants shall be awarded pursuant to the service criteria developed by ADECA, with priority given to projects that meet any of the following:

a. Seek to leverage grant funds through private investment and extension of existing infrastructure.

b. Serve locations with demonstrated community support, including, but not limited to, documented support from local government.

c. Demonstrate the operator’s technical and managerial capabilities to complete the project within the required timeframe.

d. Demonstrate the applicants’ necessary financial resources.

e. Are most cost effective and technically efficient in that they propose to serve the highest number of unserved homes, businesses, and community anchor points for the least grant fund cost and best level of service, emphasizing projects including the highest broadband speeds.

f. Provide material broadband enhancement to hospitals, clinics, and other medical facilities located in rural areas.

g. Support local libraries in this state for the purpose of assisting the libraries in offering digital literacy training pursuant to state library and archive guidelines.

h. Provide support for the deployment of infrastructure to be owned and operated exclusively by Internet service providers serving subscribers in Alabama for at least three years or organizations incorporated, headquartered, or with a principal place of business in Alabama.

i. Commit to improving the adoption rate of broadband services by offering programs to households that meet guidelines established by ADECA or the funding source, including, but not limited to, special service rates, Internet-enabled devices that meet the needs of the user, and digital skills training.

(5) For the purposes of awarding grants, ADECA shall take into consideration the average pole attachment rates that a grant applicant charges to an unaffiliated entity, provided that this subdivision shall not apply to a utility as defined under Section 37-4-1(7)a.

(6) In order to promote the deployment of grant funds in an inclusive manner that is consistent with the racial, gender, geographic, urban, rural, and economic diversity of the state, ADECA may give additional consideration to an applicant that provides documentation that it has been certified by the ADECA Office of Minority Business Enterprise or otherwise as a Disadvantaged Business Enterprise. For projects funded under this article, ADECA shall encourage grant applicants to use vendors and subcontractors that have been certified by the Office of Minority Business Enterprise or that are Disadvantaged Business Enterprises. ADECA shall include in its report to the Alabama Rural Broadband Oversight Committee a list of entities certified by the Office of Minority Business Enterprise and Disadvantaged Business Enterprises that have been awarded grants since the prior report.

(e) For each year in which grant funds are available, ADECA shall accept applications within a 60-to-90-day grant window that it shall establish. However, when necessary to meet the requirements of other funding sources, a grant window of 30 days may be established by ADECA. ADECA shall review each application for eligibility as determined by the state map. Any applicant submitting a project that includes served areas as documented by the state map shall be given an opportunity to revise the application to eliminate ineligible portions or rescind the application. Applications for eligible projects shall be evaluated according to a scoring system developed by ADECA that incorporates the priorities listed in this section, with grant awards published as soon as possible, but no more than 60 days after expiration of the filing window. Grants issued by ADECA shall be conditioned upon compliance with the terms of the grant but shall not otherwise be revocable. Providers’ grants shall be paid within 30 days upon ADECA receiving written certification of the completion of the project and evidence of compliance with the terms of the grant as prescribed by ADECA.

(f) Grants shall be conditioned on project completion within two years of awarding of the grant. Applicants who demonstrate project complexity may request more than two years to complete the project. Recipients who demonstrate that the project is progressing may request an extension for up to one year for project delays beyond the recipient’s control. If a recipient fails to complete a project within the two-year deadline, or within the extended deadline, ADECA may revoke the grant in its entirety and rededicate the funds to a new recipient.

(g) ADECA shall condition the release of any grant funds awarded under this chapter on all of the following:

(1) The progressive completion, as measured on not more than a quarterly basis, of the approved project. Grants for projects not showing progress may be rescinded.

(2) Operational testing, when possible, to confirm the level of service proposed in the grant application. Such regulations shall not exceed in degree or differ in kind from testing and reporting requirements imposed on the grant recipient by the Federal Communications Commission, as adjusted for the service specifications in the ADECA grant agreement.

(3) Continued participation in Alabama’s broadband mapping program throughout the entire project period.

(h) Notwithstanding any other provision of this section, eligible projects shall include any of the following:

(1) Projects to serve unserved areas in which the grant applicant is either or both: a. an existing or future service provider that has or will receive support through federal universal service funding programs designed specifically to encourage broadband deployment in an area without broadband access; or b. an entity that currently provides services which has or will receive other forms of federal or state financial support or assistance, such as a grant or loan from the United States Department of Agriculture; provided, however, that any award of state funds under this section, when combined with other forms of state or federal support or assistance dedicated to the project, other than interest-bearing loans, may not exceed 90 percent of the total project costs. Nothing in this section shall prohibit a grant applicant who has not previously received any federal or state funds, grants, or loans for broadband deployment from applying for and receiving grant funds under this section.

(2) Middle mile projects, where the applicant demonstrates that the project will connect other service providers eligible for grants under this section with broadband infrastructure further upstream in order to enable the providers to offer broadband service to end users; provided that eligible projects under this subdivision may include projects in an unserved area or a rural area that does not meet the definition of an unserved area but otherwise meets the requirements of this section, for which the grant applicant demonstrates, by specific evidence, the need for greater broadband speeds, access, capacity, resiliency, or service which is not being offered by an existing service provider.

(3) Projects to provide broadband service to a specific hospital, health care facility, public school, public safety, or economic development site in a rural area that does not meet the definition of an unserved area but otherwise meets the requirements of this section, for which the grant applicant demonstrates, by specific evidence, the need for greater broadband speeds, access, capacity, resiliency, or service which is not being offered by an existing service provider.

(4) Grants issued under subdivisions (2) and (3) shall not exceed 40 percent of the total funds appropriated for grants on an annual basis.

(i) Nothing in this section shall affect the approval and continued funding of grants awarded prior to May 30, 2019.
Ala. Code § 41-9-595 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-595
Section 41-9-595 Division Head; Cjis Systems Officer
Status: in_force

(a) The secretary shall appoint a division head who shall be responsible for the development, maintenance, and operation of the duties of ALEA as required by the terms of this article and the implementation and operation of policies, programs, and procedures established by the commission under the limitations of this article. The qualifications of the division head shall be determined by the State Personnel Department and the position shall be a merit position.

(b) The secretary shall designate an employee within ALEA as the CJIS Systems Officer who is the liaison to the Federal Bureau of Investigation CJIS Division and is responsible for the administration of the federal and state CJIS security policies on behalf of the state.
Ala. Code § 41-10-142 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-142
Section 41-10-142 Bonds - Issuance; Form, Terms, Denominations, Etc.; Sale; Refunding Bonds; Negotiable; Security for Payment
Status: in_force

All bonds issued by an authority may be executed by such officers of the authority and in such manner as shall be provided in the proceedings of the board whereunder the bonds shall be authorized to be issued. Any such bonds may be executed and delivered by an authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this article and shall bear such rate or rates of interest, payable and evidenced in such manner as may be provided by resolution of its board. Bonds of an authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous. The principal of or interest on any bonds issued or obligations assumed by an authority may thereafter at any time (whether before, at or after maturity of any such principal and whether at, after or not exceeding six months prior to the maturity of any such interest) and from time to time be refunded by the issuance of refunding bonds of the authority, which may be sold by the authority at public or private sale at such price or prices as may be determined by its board to be most advantageous or which may be exchanged for the bonds or other obligations to be refunded. An authority may pay all expenses, premiums, and commissions which its board may deem necessary and advantageous in connection with any financing done by it. All bonds issued by an authority, unless registered as to principal, shall be construed to be negotiable instruments though payable from a specified source. All obligations created or assumed by an authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of any county or municipality or of the state; provided, that this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by an authority. Any bonds issued by an authority shall be limited or special obligations of the authority payable solely out of the revenues of the authority specified in the proceedings authorizing those bonds. Any such proceedings may provide that the bonds therein authorized shall be payable solely out of the revenues derived from the operation or leasing or sale of all property and facilities owned or operated by the authority or solely out of the revenues from the operation or leasing or sale of any one or more of such property and facilities, or parts thereof, regardless of the fact that those bonds may have been issued with respect to or for the benefit of only certain property and facilities of the authority. An authority may pledge for the payment of any of its bonds issued or obligations assumed the revenues from which such bonds or obligations are payable and may execute and deliver a trust indenture evidencing any such pledge or a mortgage and deed of trust conveying as security for such bonds or obligations the property and facilities, or any part of any thereof, the revenues or any part of the revenues from which are so pledged. Any mortgage and deed of trust or trust indenture made by an authority may contain such agreements as the board may deem advisable respecting the operation, leasing, and maintenance of the property and the use of the revenues subject to such mortgage and deed of trust or affected by such trust indenture and respecting the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made; provided, that no such instrument shall be subject to foreclosure unless the person to whom the property or facilities are leased by the authority operates for profit, in which event any such mortgage may be subject to foreclosure.
Ala. Code § 41-8A-9 — Alabama Code / Title 41 / Chapter 8A / Section 41-8A-9
Section 41-8A-9 Regional Advisory Boards and Planning Units - Powers and Duties; Compensation of Members
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-25-3 — Alabama Code / Title 41 / Chapter 25 / Section 41-25-3
Section 41-25-3 Organizational Meeting; Officers; Rules and Procedures; Quorum; Compensation; Expenses
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-9-628 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-628
Section 41-9-628 Collection of Biometric Identifiers by Persons in Charge of Penal Operations; Procedure Upon Release from Commitment
Status: in_force

(a) All persons in charge of penal operations under the authority of the Department of Corrections shall obtain biometric identifiers, which may include fingerprints, photographs, palm prints, retina scans, or other identifiers specified by the FBI, according to the biometric identification system at ALEA and the rules established by the commission of all persons received on commitment to these institutions. All biometric identifiers collected according to this section shall be provided to ALEA according to the rules of the commission within 10 days after the arrival at the institution of the person committed.

(b) At the time of release, the institution shall again obtain fingerprints or other biometric identifiers as determined by the commission and forward them to ALEA within 10 days. Immediately upon release, the institution shall notify ALEA of the release of such person.
Ala. Code § 41-4-50 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-50
Section 41-4-50 Established; Functions and Duties
Status: in_force

There shall be in the Department of Finance the Division of Control and Accounts. The functions and duties of the Division of Control and Accounts shall be as follows:

(1) To keep all books, records and accounts relating to the finances of the state government, including the budget accounts, which are authorized or required to be kept by the Department of Finance, in accordance with recognized standards of public accounting and in such a manner as at all times to reveal the true financial status of the state government and of each special fund and account in the State Treasury.

(2) a. To control and make records of all payments into and out of the State Treasury and each special fund and account therein.

b. When the state Comptroller finds that, in a prior fiscal year, the state has failed to give a vendor payment to which the vendor is entitled and the state or any department, division , bureau, commission, board, or other agency thereof, agrees that the payment is due, the state Comptroller, with the approval of the Director of Finance, shall approve such request for payment from the department, division, bureau, commission, board, or other agency thereof and shall draw a warrant on the State Treasury from the affected agency’s funds for the amount thereof in favor of such vendor.

(3) To audit currently all receipts and receivables.

(4) To preaudit and determine the correctness and legality of every claim and account submitted for the issuance of a warrant and to determine that funds have been appropriated and allotted and are then available in the State Treasury for the payment of such claim or account before any warrant on the State Treasury shall be issued; except, that the preaudit of claims for unemployment compensation, public assistance, child welfare, or income tax refunds shall be performed by the department or departments having charge of the other functions and duties relating to unemployment compensation, or public assistance, or child welfare, or income tax refunds subject to the general supervision of the Division of Control and Accounts.

(5)a. To draw every warrant authorized to be drawn upon the State Treasury and any fund therein, whether a special or earmarked fund or not.

b. Any law to the contrary notwithstanding, any or all warrants issued by the Division of Control and Accounts may be transferred or deposited electronically or by other acceptable methods to any financial institution capable of handling direct deposits by electronic transfer or other acceptable methods if written approval is given by the original payee of the warrant. The state Comptroller shall maintain files on all written approvals given by original payees and separate records on all transfers of funds authorized in this subsection and shall furnish sufficient documentation for the purpose of auditing and reconciling such electronic financial transactions.

(6) To secure such information and data, to prepare or make such studies and reports, and to perform such other functions and duties of the Department of Finance as may be assigned by the Director of Finance.
Ala. Code § 41-4-186 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-186
Section 41-4-186 Montgomery City Council Authorized to Adopt Ordinances to Protect Capitol Grounds
Status: in_force

The City Council of Montgomery may, with the approval of the Governor, pass such ordinances as may be necessary for the protection of the grass, trees, and other public property on the Capitol grounds, but no ordinance or bylaw of the City Council of Montgomery shall be operative within the Capitol building or grounds without the consent of the Governor.
Ala. Code § 41-5A-14 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-14
Section 41-5A-14 Subpoenas
Status: in_force

(a) The chief examiner may issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with a dispute, claim, examination, audit, or the administration of this chapter.

(b) In case a person refuses to comply with a subpoena, the chief examiner may invoke the aid of any circuit court with jurisdiction in order that the testimony or evidence be produced. Upon proper showing, the court shall issue a subpoena or order requiring the person to appear before the chief examiner or his or her representative and produce all evidence and give all testimony relating to the matter at issue.

(c) A person failing to comply with an order may be punished by the court for contempt.
Ala. Code § 41-10-678 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-678
Section 41-10-678 Appointments
Status: in_force

The authority shall attempt to hire or contract with businesses or individuals which reflect the racial and ethnic diversity of the state.
Ala. Code § 41-10-47.07 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-47.07
Section 41-10-47.07 Changes to Criteria Based on Economic Conditions
Status: in_force

The Legislature recognizes that economic conditions may require the consideration of a grant for a site that does not meet one or more requirements of Section 41-10-47.03(b) or 41-10-47.04(b). The board, by majority vote, may cause a grant to be made so long as the board determines that the site is suitable for development for one or more activities listed in Section 40-18-372(1) and is in the best interest of the public.
Ala. Code § 41-29-284 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-284
Section 41-29-284 Employees
Status: in_force

All individuals serving as employees of AIDT immediately prior to the date determined pursuant to Section 41-29-6, shall remain employees of AIDT. The salary and benefits of such AIDT employees shall not be changed solely as a result of this division. All AIDT employees shall receive compensation determined by the director and approved by the Secretary of Commerce and shall continue to be exempt from the provisions of the state Merit System Law and tenure laws with respect to the method of selection, classification, compensation, and termination of state employees. All AIDT employees shall remain subject to the AIDT policies and procedures existing immediately prior to the date determined pursuant to Section 41-29-6, unless and until such policies are modified or amended by written amendment approved by the Secretary of Commerce.
Ala. Code § 41-15A-4 — Alabama Code / Title 41 / Chapter 15A / Section 41-15A-4
Section 41-15A-4 Income Tax Return
Status: reserved

Repealed by Act 2006-503, p. 1145, §2, effective for tax years beginning after December 31, 2005.
Ala. Code § 41-9-217 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-217
Section 41-9-217 Short Title
Status: in_force

This article shall be known as the Alabama New Markets Development Act.
Ala. Code § 41-29-504 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-504
Section 41-29-504 Details Respecting the Bonds
Status: in_force

The bonds of the authority shall be signed by its president and attested by its secretary, and the seal of the authority shall be affixed thereto or a facsimile of such seal shall be printed or otherwise reproduced thereon; provided, that: (a) a facsimile of the signature of one, but not both, of the officers may be printed or otherwise reproduced on any such bonds in lieu of being manually subscribed thereon, and (b) a facsimile of the signatures of both of the officers may be printed or otherwise reproduced on such bonds in lieu of being manually affixed thereof if the authority, in its proceedings with respect to issuance of the bonds, provides for manual authentication of such bonds and the secretary designates a trustee or paying agent or named individuals who are employees of the state and who are assigned to the finance department or the state treasurer’s office of the state to authenticate the bonds. Any bonds of the authority may be executed and delivered by it any time and from time to time and shall be in such form or forms and such denomination or denominations and of such tenor and maturity or maturities, shall bear such rate or rates of interest, which may be variable rates, shall be payable at such times and evidenced in such manner, and may contain such other provisions not inconsistent herewith, all as may be provided by the resolution of the board of directors of the authority under which such bonds are authorized to be issued; provided, that no bond of the authority shall have a specified maturity date later than twenty years after its date. Any bond of the authority 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 as may be provided in the resolution under which it is authorized to be issued; provided, that those bonds of the authority having specified maturity dates more than ten years after their date shall be made subject to redemption at the option of the authority not later than the end of the tenth year after their date, and on any interest payment date thereafter, under such terms and conditions and at such redemption price or prices as may be provided in the resolution under which such bonds are authorized to be issued. Bonds of the authority may be sold at such price or prices and at such time or times as the board of directors of the authority may consider advantageous, either at public or private sale and by negotiation or by competitive bid. Bonds of the authority sold by competitive bid must be sold, whether on sealed bids or at public auction, to the bidder whose bid reflects the lowest true interest cost to the authority for the bonds being sold, computed from their date to their respective maturities; provided, that if no bid acceptable to the authority is received, it may reject all bids. The authority may fix the terms and conditions under which each sale of bonds may be held; provided, that such terms and conditions shall not conflict with any of the requirements of this article. Subject to the provisions and limitations contained in this article, the authority may from time to time sell and issue refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority then outstanding. Such refunding bonds shall be subrogated and entitled to all priorities, rights and pledges to which the bonds refunded thereby were entitled. The authority may pay out of the proceeds of the sale of its bonds attorneys’ fees and the expenses of issuance which the board of directors may deem necessary and advantageous in connection with the issuance of such bonds. Bonds issued by the authority shall not be general obligations of the authority but shall be payable solely out of the funds appropriated and pledged thereof in Section 41-29-506 . As security for the payment of the principal of and interest on the bonds issued by it, the authority is hereby authorized and empowered to pledge for payment of such principal and interest the funds that are appropriated and pledged in Section 41-29-506 for payment of such principal and interest. All such pledges made by the authority shall take precedence in the order of the adoption of the resolutions containing such pledges; provided, that each pledge for the benefit of refunding bonds shall have the same priority as the pledge for the benefit of the bonds refunded thereby. All contracts made and all bonds issued by the authority pursuant to the provisions of this article shall be solely and exclusively obligations of the authority and shall not constitute or, create an obligation or debt of the State of Alabama. All bonds issued by the authority and the income therefrom shall be exempt from all taxation in the state. Any bonds issued by the authority may be used by the holder thereof 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 such deposits may be required by law. Unless otherwise directed by the court having jurisdiction thereof, or the document that is the source of authority, a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust funds in bonds of the authority. Neither a public hearing nor consent of the Department of Finance of the state or any other department or agency shall be a prerequisite to the issuance of the bonds by the authority. The bonds issued under the provisions of this article 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 § 41-10-759 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-759
Section 41-10-759 Pledge and Appropriation of Bp Settlement Revenue to Pay Bonds
Status: in_force

There is hereby irrevocably pledged and appropriated such amounts of the BP settlement revenues retained in the special fund, and earnings thereon, as shall be necessary to pay the principal, interest, and premium, if any, on the authority’s bonds, to redeem such bonds prior to maturity if called for redemption by the authority, and to pay the principal of, the interest, and premium, if any, on any refunding bonds issued to refund such bonds.
Ala. Code § 41-29-507 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-507
Section 41-29-507 Disbursements of Funds
Status: in_force

Out of the revenues appropriated and pledged in Section 41-29-506, the state treasurer is hereby authorized and directed to pay the principal of and interest on the bonds issued by the authority under the provisions of this article, as the said principal and interest shall respectively mature, and the state treasurer is further authorized and directed to set up and maintain appropriate records pertaining thereto.
Ala. Code § 41-9-21 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-21
Section 41-9-21 Composition; Qualifications, Appointment, Term of Office and Compensation of Members
Status: in_force

The commission shall consist of the Governor, the Superintendent of Education, the Director of Transportation, the Director of the Department of Archives and History, all ex officio members and six other members to be appointed by the Governor, which said appointive members shall be qualified by training, previous experience, profession, or occupation in the fine and useful arts. The commissioners shall be appointed for a term of six years; and, on the resignation or death of a member, his successor shall be appointed by the Governor to serve out the unexpired term. The members of the commission shall serve without compensation.
Ala. Code § 41-1-4 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-4
Section 41-1-4 When Bonds of State Payable
Status: in_force

Any bonds which may be issued by the Governor of Alabama for the purpose of renewing or funding the bonded debt of this state shall be made payable and subject to redemption at any time not exceeding 50 years from the date of issue of said bonds.
Ala. Code § 41-9-1023 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1023
Section 41-9-1023 Alabama Athletic Commission - Creation; Composition; Medical Advisory Panel
Status: in_force

(a) There is created the Alabama Athletic Commission composed of six members.

(b)(1) All appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. The six initial members shall be as follows:

a. Two members appointed by the Governor.

b. One member appointed by the Alabama Athlete Agents Commission.

c. One member appointed by the Speaker of the House of Representatives.

d. One member appointed by the President of the Senate.

e. One member appointed by the President Pro Tempore of the Senate.

(2) Initial appointments by the Governor shall be for one and three years, the initial appointment by the Speaker of the House of Representatives shall be for four years, the initial appointment of the President of the Senate shall be for two years, and the initial appointment of the President Pro Tempore of the Senate shall be for one year. The initial appointment by the commission shall be for four years. All subsequent appointments shall be for terms of four years. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms. Each member of the commission shall be a resident of this state.

(c) The commission shall elect a chair from among its membership for a term of one year. While serving as chair, a member may not vote on any matter coming before the commission. The commission may elect a vice chair from its membership for a term of one year. Any member serving as chair shall be eligible for successive election to the office by the commission. The chair may designate another member of the commission to perform the duties of chair in his or her absence. The commission may employ an executive director to manage the day-to-day operations of the commission within the available funds of the commission.

(d) A medical advisory panel of the commission shall be appointed by the Governor and shall consist of four persons licensed to practice medicine in this state, with one member each representing the specialties of ophthalmology and general medicine and two members representing the specialty of sports medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of professional boxers, bare knuckle boxers, tough man contestants, professional wrestlers, amateur mixed martial arts competitors, professional mixed martial arts competitors, and other unarmed combat competitors including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel shall not be counted in determining a quorum of the commission and shall not vote as commission members.

(e) Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for public officials of this state.
Ala. Code § 41-4-17 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-17
Section 41-4-17 Rent Charged for Use of State Buildings in Capitol Complex; Fund for Operation, Maintenance, Etc
Status: in_force

(a) The Department of Finance shall charge reasonable rent for the use and occupancy of any building owned by the state located in the Capitol complex and maintained by the Department of Finance or any other building maintained by the Department of Finance now or in the future. The Director of Finance shall establish such rent at rates which shall not be more than an amount sufficient to pay the reasonable costs of operation, maintenance, repair, renovation and any other necessary expenses.

(b) All rents collected, and income earned from such rents, under the provisions of this section shall be deposited into a revolving fund in the State Treasury designated as the Capitol Complex Maintenance and Repair Fund, and the Director of Finance is authorized to make deposits and expenditures from time to time from such fund for said purposes.
Ala. Code § 41-4-12 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-12
Section 41-4-12 Use of Funds in Sinking Fund - Purchase of State Bonds in Lieu of Use of Sinking Fund; Cancellation and Destruction of Bonds Purchased
Status: in_force

Instead of, or in lieu of, using sinking funds, as is provided for in this article, the Director of Finance, by and with the advice and consent of the Governor, may purchase, upon the best terms obtainable, state bonds or obligations for the payment of which the sinking fund was created, and when such bonds or obligations are so purchased they may be cancelled and retired by the Treasurer, with the advice and consent of the Governor, but no bond or obligation so purchased shall be cancelled or destroyed unless it was purchased by and with the sinking funds which were created for the ultimate payment of such bond or obligation so purchased and cancelled. Such bonds or obligations, when so cancelled and retired, shall be cancelled and destroyed by the Treasurer in the presence of the Governor and the Attorney General, and entry thereof shall be made on the books of the Treasurer as to the number, amount, character and denomination of the bonds or obligations so cancelled and destroyed, and the Treasurer, Governor and Attorney General shall certify to the correctness of the entries so made upon the books of the Treasurer.
Ala. Code § 41-17A-5 — Alabama Code / Title 41 / Chapter 17A / Section 41-17A-5
Section 41-17A-5 Procurement Policies
Status: in_force

(a) In order to accomplish the goals stated in Section 41-17A-4, the State of Alabama shall modify procurement procedures, implement policies, conduct reviews, and take other actions as provided in this section.

(b) The following shall be the official policies of the State of Alabama pursuant to this chapter:

(1) To purchase, lease, or otherwise obtain or procure the most energy efficient vehicles possible that meet the operational needs of the department or agency for which the vehicles are intended by using life cycle costing as a method of determining the most cost efficient vehicles for the departments or agencies.

(2) To manage and operate its fleets in a manner that is energy efficient, that minimizes emissions, and that reduces petroleum dependency by utilizing specified proven technology identified by the Green Fleets Review Committee.

(3) To review every new vehicle purchase request and modify as necessary to ensure that the vehicle class to which the requesting vehicle belongs is appropriate for the duty requirements that the vehicle will be called upon to perform.

(4) To review the fleet inventory data required by Section 41-17A-3 to identify older vehicles that are not used or used infrequently, as well as those vehicles that are disproportionately inefficient, and schedule their elimination or replacement by determining the most cost effective methodology of establishing surplus inventory within all departments and agencies.

(5) To implement an anti-idling policy prohibiting state employees from idling all state-owned or operated vehicles for an excessive period of time.

(6) To implement educational programs for state employees to drive efficiently and utilize efficient vehicle operating techniques.

(7) To maintain vehicles at optimal efficiency by reviewing current maintenance schedules for all fleet vehicles and increasing or decreasing maintenance wherever cost-effective benefits will accrue as a result.

(8) To encourage carpooling and vanpooling by state employees by allowing commuter fees to be paid out of pretax income withholding as allowed by federal tax laws to help reduce fuel consumption, pollution, traffic, and parking congestion.
Ala. Code § 41-29-3 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-3
Section 41-29-3 Project Notification; Applications
Status: in_force

(a)(1) The Secretary of Commerce shall be notified in writing about the general parameters of a project if an entity is considering locating or expanding a facility at a site within this state and intends to claim any of the incentives provided by the State of Alabama that are described in subdivision (2) (the “required notification”). The required notification should be made as soon as the project’s parameters are generally known or when a site or sites have been identified by a project entity or a visit is made to the State of Alabama by the project entity or its representative. The initial required notification may be made on an anonymous basis (i.e., “Project Alpha”) in order to protect the confidentiality of a proposed project. Upon timely notifying the secretary within the time frame specified in this subdivision, the secretary shall transmit a letter to the project entity or its representative acknowledging receipt of the required notification (the “notification acknowledgment letter”).

(2) The required notification set forth in subdivision (1) applies to any of the following:

a. The jobs credit provided for by Section 40-18-375.

b. The investment credit provided for by Section 40-18-376.

c. Any action by a local government body pursuant to Amendment 772 of the Constitution of Alabama of 1901, now appearing as Section 94.01 of the Constitution of Alabama of 2022, as amended, or local amendment of similar effect.

d. Any abatement of taxes pursuant to Chapters 9B or 9G of Title 40.

e. The port credit provided for by Section 40-18-403.

f. The growing Alabama credit provided for by Section 40-18-413.

g. Site preparation grants pursuant to Article 5 of Chapter 29 of this title.

h. Funding for access roads and bridges through the Alabama Industrial Access Road and Bridge Corporation pursuant to Chapter 6 of Title 23.

i. Training or other assistance from the Alabama Industrial Development Training Program.

j. Any grant of federal funds administered or otherwise involving any state or local government, agency, department, body, or other entity, related to the location or expansion of a facility at a site within this state.

k. Any direct or indirect cash payment for a project from the State of Alabama related to the location or expansion of a facility within this state, whether in the form of an in-kind contribution of a site, building, or equipment, or otherwise.

(3) Unless the secretary should specially determine to the contrary, the notification set forth in subdivision (1) shall be available for public inspection two years after a project entity publicly commits to a site for development, whether the publicly-committed site is in this state or elsewhere.

(b) Except as provided in Chapter 25A of Title 36 and any constitutional or statutory disclosure requirements for obtaining the economic development incentives listed in subdivision (2) of subsection (a), all information concerning a proposed project seeking an economic development incentive which is provided to any state or local government, agency, department, or other entity seeking an economic development incentive shall be confidential. Any state or local government, agency, department, or other entity, or the secretary on their behalf is authorized to enter into a confidentiality agreement with a project entity which prohibits the disclosure of the identity of the project entity and any information obtained, whether orally or in writing, about the entity’s proposed project. Unless the secretary should specially determine to the contrary, such confidentiality agreements shall terminate two years after a project entity publicly commits to a site for development in this state.

Provided, however, such confidentiality agreements shall not supersede or conflict with statutory provisions requiring either of the following:

(1) Notice to the entities for which a governmental body or board intends to abate taxes.

(2) Public disclosure of information for applications for governmental approvals such as permits.

(c) The secretary may adopt rules to implement this section.
Ala. Code § 41-9-473 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-473
Section 41-9-473 Form, Maturity, Sale, Etc., of Bonds
Status: in_force

All bonds shall be issued, subject to the approval of the Governor, in such forms, denominations, series, and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by said commission at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by said commission in the resolution or resolutions whereunder the bonds are authorized to be issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said commission under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series, and the last of which installments shall mature not later than 20 years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding under this article, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the said commission that the requirements of this sentence have been complied with shall be conclusive of such compliance, and the purchasers of the bonds with respect to such determination is made and all subsequent holders thereof shall be fully protected thereby. None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery. All of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by said commission, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by said commission is received, all bids may be rejected. The bonds shall be signed in the name of the state by the Governor and countersigned by the chair of the commission, and the Great Seal of the State of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the secretary of state; provided, that facsimile signatures of any one or any two, but not all, of said officers may be reproduced on such bonds in lieu of their manually signing the same. Coupons attached to the bonds and representing installments of interest thereon shall be signed by the facsimile signature of the State Treasurer, which facsimile signature is hereby adopted as due and sufficient authentication of said coupons.
Ala. Code § 41-29-333 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-333
Section 41-29-333 Alabama Office of Apprenticeship - Powers and Duties; Alabama Committee on Credentialing and Career Pathways
Status: in_force

(a) The Alabama Office of Apprenticeship, with the advice and consent of the Alabama Apprenticeship Council, shall develop a nationally recognized state apprenticeship completion credential, as described in 29 C.F.R. §29.5, for completing a registered or industry-recognized apprenticeship program registered with the Alabama Office of Apprenticeship.

(b) The Alabama Office of Apprenticeship may certify industry-recognized apprenticeships, registered with the Alabama Office of Apprenticeship, as eligible training providers for the purpose of the federal Workforce Innovation and Opportunity Act, P.L. 113-128, and may deliver services to registered apprenticeship participants with qualifying training accounts under Title I of the federal Workforce Innovation and Opportunity Act, P.L. 113-128, through the eligible training provider list of each regional workforce development board.

(c) The Alabama Office of Apprenticeship, with the advice and consent of the Alabama Apprenticeship Council and pursuant to the Alabama Administrative Procedure Act, may adopt rules as necessary to effectuate the intent of this division, and those rules shall conform to the published apprenticeship guidelines in 29 C.F.R., Subtitle A, Parts 29 and 30.

(d) The Alabama Office of Apprenticeship, with the advice and consent of the Alabama Apprenticeship Council, may approve apprenticeship programs that are mandated by state or federal law as a result of the apprenticeship sponsor receiving funds or resources from the state, or funds or resources from the federal government, which require the creation of an apprenticeship program in accordance with a federal grant administered by the state, including contracts, grants, loans, tax abatements or exemptions, land transfers, land disposition and development agreements, tax increment financing, or any combination thereof.

(e) The Alabama Office of Apprenticeship shall establish competency based apprenticeship frameworks based on the regional and statewide compendia of valuable credentials created by the Alabama Workforce Council Committee on Credentialing and Career Pathways. The Alabama Office of Apprenticeship shall establish competency based apprenticeship frameworks for each occupation listed on a regional and statewide list of in-demand career pathways.

(f) The Alabama Committee on Credentialing and Career Pathways shall be charged with analyzing primary and secondary labor market data and data from the Alabama Terminal on Linking and Analyzing Statistics on Career Pathways to determine, annually, among the 16 career clusters and 79 associated career pathways, which career pathways are in demand at the regional and state level.

(g) The Alabama Committee on Credentialing and Career Pathways, by majority vote of a present quorum, shall provide recommendations for appointment to the Governor, who shall appoint a technical advisory committee for each of the 16 career and technical education career clusters.

(h) Each technical advisory committee shall conform to all of the following parameters:

(1) Each shall be composed of seven members who shall possess experience in education, workforce, or economic development in the industry segment for which the technical advisory committee is formed.

(2) Each shall maintain a majority of workforce and economic development representatives.

(3) No later than June 30, 2020, each of the 16 technical advisory committees shall create an industry competency model and competency-based career lattice for, based on the United States Department of Labor’s Career Pathways Toolkit and Competency Model Clearinghouse, each O*NET occupation code within that technical advisory committee’s career clusters and respective career pathways with three or more stars on a regional or statewide in-demand career pathways list. The Alabama Committee on Credentialing and Career Pathways, annually, shall create statewide and regional compendia of valuable credentials, derived from the statewide and regional lists of in-demand career pathways.

(i) The Alabama Workforce Council Committee on Credentialing and Career Pathways shall be composed of all of the following:

(1) The co-chairs of the committee shall be the Chancellor of the Alabama Community College System and the State Superintendent of Education.

(2) The membership of the committee shall be composed of all of the following ex officio members and appointees, or their designees:

a. The Governor.

b. The Chair of the Alabama Workforce Council.

c. The Chair of the Alabama Workforce Development Board.

d. The State Superintendent of Education.

e. The Chancellor of the Alabama Community College System.

f. The Secretary of the Alabama Department of Workforce.

g. The Secretary of the Alabama Department of Commerce, Alabama Industrial Development Training Institute.

h. The Executive Director of the Alabama Commission on Higher Education.

i. The President of the Alabama Council of College and University Faculty Presidents.

j. Seven members appointed by the Governor, from each of the seven workforce regions, each of whom shall be a member of a regional workforce council or a local workforce development board.
Ala. Code § 41-16-142 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-142
Section 41-16-142 Energy Cost Savings Measures Authorized
Status: in_force

(a) A governmental unit may enter into a guaranteed energy cost savings contract in order to reduce energy consumption or operating costs of government facilities in accordance with this article.

(b) All energy cost savings measures shall comply with current local, state, and federal construction and environmental codes and regulations. Notwithstanding anything to the contrary, a guaranteed energy cost savings contract does not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of nonpotable usage over which public water supply system officials do not have sanitary control, to be returned to the potable water supply.
Ala. Code § 41-14-33 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-33
Section 41-14-33 Contracts Covering Time Deposits, Open Account; Early Withdrawal; Apportionment; Payment and Rate of Interest
Status: in_force

(a) The State Treasurer is authorized to enter into contracts with the state depositories for the deposit of state funds in time deposits, open account, having maturities of 91 days, six months, or one year; provided that any such contract for a time deposit, open account, having a maturity of 91 days shall provide for early withdrawal of funds upon written notice delivered at least 14 days (or the minimum period of time as is prescribed by applicable banking regulation then in effect) prior to the date of withdrawal.

(b) The State Treasurer shall apportion the time deposits, open account, among state depositories, giving preference to banks that are located in Alabama and giving due consideration to the activities of the various banking accounts maintained therein, the reasonable value of the banking services rendered or to be rendered the state by depositary banks, and giving first priority to the value and importance of such deposits to the economy of the communities and the various areas of the state to be affected thereby, as indicated by the loan to deposit ratio.

(c) The rate of interest to be paid on each time deposit, open account, of 91 days, six months, and one year maturity shall correspond to the rate borne by United States Treasury obligations of comparable maturity and shall be calculated as the average auction rate for United States Treasury Bills with maturities of 91 days and 26 weeks, respectively, as established at the four most recent auctions held immediately prior to the execution of the contract for such time deposit, open account, or where the maturity of the time deposit, open account, is one year, the weekly average one-year constant maturity yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week immediately preceding the execution of the contract.

(d) The interest shall be payable in accordance with Section 41-14-34.
Ala. Code § 41-10-727 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-727
Section 41-10-727 Definitions
Status: in_force

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

(1) DEPARTMENT. The Department of Revenue.

(2) EMPLOYEE. An employee, as defined in the Internal Revenue Code, as amended from time to time; except that any individual providing services to an employer on an hourly, part-time, full-time, salaried, or contractual basis shall be considered an employee for purposes of this division.

(3) EMPLOYER. An employer, as defined in the Internal Revenue Code, as amended from time to time, that is either a general contractor or subcontractor that primarily holds itself out for hire to the general public as a general contractor or subcontractor and who receives more than five percent of its annual gross revenue from business described in either North American Industry Classification System (NAICS) Code 236, 237, or 238 of the United States Department of Commerce in effect as of January 1, 2009. This definition does not apply to or include residential home building and licensed residential home builders contracting for home building as defined in Chapter 14A of Title 34, or those specifically exempted under Chapter 14A of Title 34, except for subdivision (3) of Section 34-14A-6.

(4) FEE. The tax levied by this division.

(5) GENERAL CONTRACTOR. Any individual, person, corporation, limited liability entity, trust, association, or any other business enterprise other than home building projects by licensed residential home builders as defined in Chapter 14A of Title 34, or those specifically exempted under Chapter 14A of Title 34, except for subdivision (3) of Section 34-14A-6, that for a price, commission, fee, or payment undertakes to construct or superintend or engage in the construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation, demolition of any building, highway, sewer, structure, site work, grading, or paving of any project, or any improvement, in the State of Alabama.

(6) SKILLED LABOR. Includes all labor or services performed by employees directly engaged in construction operations at the location of any construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation, demolition, highway, sewer, structure, grading, paving, or improvement project in Alabama. The term does not include labor or services performed by supervisory employees above the working foreman level.

(7) SUBCONTRACTOR. Any individual, person, corporation, limited liability entity, trust, association, or any other business enterprise performing work under contract to a general contractor, but not licensed residential home builders building homes as defined in Chapter 14A of Title 34, or those specifically exempted under Chapter 14A of Title 34, except for subdivision (3) of Section 34-14A-6.

(8) WAGES. The gross earnings paid by an employer to an employee covered by this division, including all forms of compensation such as salaries, hourly payments, commissions, remuneration, dismissal pay, bonuses, and vacation and sick leave pay, prior to deductions for items such as Social Security contributions, withholding taxes, group health insurance, union dues, and savings bonds.
Ala. Code § 41-4-353 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-353
Section 41-4-353 Applicability of Provisions; Exceptions
Status: in_force

(a) All real property owned or leased by state departments, boards, bureaus, commissions, agencies, offices, and other instruments of the state is subject to the requirements of this article and in Sections 41-4-2, 41-4-3, 41-4-261, and 41-9-141 except:

(1) All educational facilities including K-12, postsecondary, and higher education facilities.

(2) Facilities of the Legislative Branch of government.

(3) Facilities of the Judicial Branch of government.

(4) Facilities of the Retirement Systems of Alabama.

(5) Facilities of the Alabama Port Authority.

(6) Facilities of the State Military Department.

(7) Lands managed by the Lands Division of the Department of Conservation and Natural Resources.

(8) Right-of-way owned by the Department of Transportation.

(9) Facilities of the State Parks Division of the Department of Conservation and Natural Resources.

(10) Facilities and real property owned or leased by departments, boards, bureaus, commissions, agencies, offices, and other instruments of the state that do not receive any appropriation of state funds.

(11) Any real property, building, improvement, or facility managed or controlled by a state agency, if adherence with any requirement of this article would violate Sections 9-2-26 or 9-11-19, or any federal laws, regulations, or guidance, including, but not limited to, Title 50, Code of Federal Regulations, Part 80.

(12) Any unimproved real property owned, leased, or otherwise possessed or controlled by the state or any department, board, bureau, commission, agency, office, or other instrument of the state.

(13) Real property owned or leased by the Alabama Home Builders Licensure Board, the Alabama Housing Finance Authority, the Alabama Plumbers and Gas Fitters Examining Board, the Alabama Board of Heating, Air Conditioning, and Refrigeration Contractors, the Alabama Real Estate Commission, and the State Licensing Board for General Contractors.

(14) Other real property owned or leased by state departments, boards, bureaus, commissions, agencies, offices, and other instruments of the state if the exemption is agreed to by both the Director of Finance and the head of the state department, board, bureau, commission, agency, office, or other instrument of the state seeking the exemption and the exemption is found by them to be in the best interest of the State of Alabama.

(15) Real property owned or leased by self-funded licensing and regulatory boards, commissions, and agencies.

(b) Any entity that is provided an exception from the requirements of this article under subsection (a) may elect to waive that exception and have its real property and facilities become subject to this article by providing written notice of that election to the Director of Finance. Once an entity waives its exception, the entity may not rescind that waiver with respect to any real property or facilities that become subject to this article as a result of the entity’s waiver.

(c) The exceptions provided in subsection (a) do not alter or affect any of the provisions for compliance with a minimum building standards code or energy conservation building code as required by Sections 41-9-160 to 41-9-165 and Sections 41-9-171 to 41-9-174.

(d) The exceptions provided in subdivision (a)(1) do not alter or affect the compliance of educational facilities with the contract forms and procedures of the Division of Construction Management or the governing board of the applicable educational institution or state educational institution, as provided in Section 41-4-400.
Ala. Code § 41-22-17 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-17
Section 41-22-17 Filing of Application for Rehearing in Contested Cases; Form and Content; Effect of Application on Final Order; Grounds for Rehearing; Service of Application on Parties of Record; Agency Decision on Application
Status: in_force

(a) Any party to a contested case who deems himself or herself aggrieved by a final order and who desires to have the same modified or set aside may, within 15 days after entry of said order, file an application for rehearing, which shall specify in detail the grounds for the relief sought therein and authorities in support thereof.

(b) The filing of such an application for rehearing shall not extend, modify, suspend, or delay the effective date of the order, and said order shall take effect on the date fixed by the agency and shall continue in effect unless and until said application shall be granted or until said order shall be superseded, modified, or set aside in a manner provided by law.

(c) Such application for rehearing will lie only if the final order is:

(1) In violation of constitutional or statutory provisions;

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

(3) In violation of an agency rule;

(4) Made upon unlawful procedure;

(5) Affected by other error of law;

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

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

(d) Copies of such application for rehearing shall be served on all parties of record, who may file replies thereto.

(e) Within 30 days from the filing of an application the agency may in its discretion enter an order:

If the agency enters no order whatsoever regarding the application within the 30-day period, the application shall be deemed to have been denied as of the expiration of the 30-day period.
Ala. Code § 41-9-783 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-783
Section 41-9-783 Revenue Bonds Deemed Exclusive Obligation of Commission - Appropriation and Pledge of Tva Payments
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 § 41-10-753 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-753
Section 41-10-753 Members, Officers, and Directors
Status: in_force

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The president, vice president, and secretary of the authority shall be elected by the members and shall serve for the terms and conditions as the members may establish. The State Treasurer shall act as custodian of the authority’s funds, and shall pay, out of appropriated funds and any other monies and property available to the authority, all debt service related to bonds of the authority and any other amounts required by this article to be paid out of the BP Settlement Fund. The members of the authority shall constitute all of the directors of the authority, and any four directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold the office by reason of death, resignation, expiration of the term of office, or for any other reason, then his or her successor in office shall take the place as an officer and member of the directors of the authority. No officer or director of the authority shall receive any salary in addition to that now authorized by law for any service rendered or for any duty performed in connection with the authority. All proceedings had and done by the directors shall be reduced to writing by the secretary of the authority, shall be signed by the president and vice president and at least one other director present at the proceedings, and shall be recorded in a substantially bound book and filed in the Office of the Secretary of State. Copies of the proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
Ala. Code § 41-9-66 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-66
Section 41-9-66 Board May Prescribe Forms and Adopt Rules of Evidence and Procedure
Status: in_force

The Board of Adjustment may prescribe such forms and adopt such rules of evidence and procedure as it may deem necessary or proper, not inconsistent with the provisions of this division.
Ala. Code § 41-9-740 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-740
Section 41-9-740 Establishment; Purpose
Status: in_force

Amended and renumbered as §38-3-20 by Act 2008-398, p. 787, §3, effective May 16, 2008.
Ala. Code § 41-9-172 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-172
Section 41-9-172 Powers and Duties of Director of Technical Staff of Commission as to Promulgation, Adoption and Modification of Code; Standards to Be Included in Code
Status: in_force

The director of the technical staff of the commission shall have the responsibility for developing said code and presenting it to the commission for adoption and, in fulfillment of such responsibility, may, as it becomes necessary, contract for the consultant services of architects, engineers and other technicians with a portion of the funds provided. It shall be the further responsibility of the director to keep the code updated and consistent with acceptable engineering and architectural practices by from time to time presenting the commission with recommended changes and modifications for adoption. The director shall, at the earliest possible date after the passage of this division, submit a state building code for any building or construction utilizing state funds to the commission for adoption. Said code shall contain provisions for an energy conservation code which regulates the thermal efficiency of the exterior of buildings and the efficiency of lighting design and climatic control in buildings.

The director shall include in the said code thermal and lighting efficiency standards which will meet the following criteria:

(1) Be applicable to all new and renovated buildings; and

(2) Be no less stringent than the Appendix J of the standard building code.
Ala. Code § 41-9-370 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-370
Section 41-9-370 Continuation; Composition. (Amended by Act 2026-327)
Status: in_force

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

The Commission on Uniform State Laws is continued in existence as an advisory commission to the Legislature. The commission consists of three members of the bar appointed by the Governor for a term of four years or until their successors are appointed, a member of the Senate appointed by the President of the Senate, a member of the House of Representatives appointed by the Speaker of the House, the Director of the Legislative Services Agency, and the Deputy Director of the Legislative Services Agency, Law Revision Division.
Ala. Code § 41-9-232 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-232
Section 41-9-232 Limitations on Relocation, Removal, Alteration, Etc., of Certain Architecturally Significant Buildings, Memorials, Monuments, Etc
Status: in_force

”(a) No architecturally significant building, memorial building, memorial street, or monument which is located on public property and has been so situated for 40 or more years may be relocated, removed, altered, renamed, or otherwise disturbed.

”(b) No architecturally significant building, memorial building, memorial street, or monument which is located on public property and has been so situated for at least 20 years, and less than 40 years, may be relocated, removed, altered, renamed, or otherwise disturbed except as provided in Section 41-9-235.

” (c) No memorial school which is located on public property and has been so situated for 20 or more years may be renamed except as provided in Section 41-9-235.
Ala. Code § 41-10-56 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-56
Section 41-10-56 Resolution Authorizing Issuance of Bonds to Contain Recital as to Authority for Issuance; Notice of Passage of Resolution; Limitation Period and Venue for Actions to Contest Validity of Resolutions, Bonds, Etc
Status: in_force

(a) Any resolution authorizing any bonds under this article shall contain a recital that they are issued pursuant to the provisions of this article, which recital shall be conclusive evidence that said bonds have been duly authorized pursuant to the provisions of this article, notwithstanding the provisions of any other law now in force or hereafter enacted or amended.

(b) Upon the adoption by the board of directors of any resolution providing for the issuance of bonds under the provisions of this article, the authority may in its discretion cause to be published once a week for two consecutive weeks, in a newspaper published and having general circulation in Jefferson County, Alabama, a notice in substantially the following form (the blanks being properly filled in): “Southern Products Mart Authority, an agency of the State of Alabama, on the ____ day of ____, adopted a resolution providing for the issuance of $_____ principal amount of bonds of the said authority for purposes authorized in the act of the Legislature of Alabama under which the said authority was organized. Any civil action or proceeding questioning the validity of said resolution or said bonds or the pledge and agreements made in said resolution for the benefit thereof or the proceedings authorizing the same must be commenced within 20 days after the first publication of this notice. Southern Products Mart Authority, by: ___________, its president.”

(c) Any civil action or proceeding in any court seeking to set aside or invalidate a resolution providing for the issuance of bonds under the provisions of this article or to contest the validity of any such bonds or the validity of the pledge or agreement made therefor must be commenced within 20 days after the first publication of such notice. After the expiration of the said 20-day period, no right of action or defense founded upon the validity of the resolution or other proceedings, if any, or of the said bonds, or the said pledge or agreement shall be asserted. In the event of such publication, the validity of the said resolution, proceedings, bonds, pledge, or agreement shall not be open to question in any court on any ground whatever, except in a civil action or proceeding commenced within such period. Any such civil action and any civil action to protect or enforce any rights under the provisions of this article shall be brought in the Circuit Court of Jefferson County.
Ala. Code § 41-10-272 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-272
Section 41-10-272 Creation of Fund for Payment of Bonds
Status: in_force

For the purpose of providing funds for the payment of the principal of, premium, if any, and interest on the bonds issued by the authority under the provisions of this article, there is hereby created and irrevocably pledged to the payment of such obligations a special and continuing fund which shall consist of all receipts and income from rents contracted for and received by the authority under leases of the judicial facilities constructed with the proceeds from the sale of bonds. Moneys on deposit in said fund shall not be diverted or used for any other purpose if needed for the payment of the principal of, premium, if any, or interest on the bonds of the authority.
Ala. Code § 41-19-12 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-12
Section 41-19-12 Preparation for Presentation or Presentation to Legislative Committee of False Budget or Fiscal Information
Status: in_force

(a) Any person in state government, including elected or appointed officials, who prepares false budget or fiscal information to be presented to any legislative committee or who presents false budget or fiscal information to any legislative committee, knowing such budget or fiscal information to be false, shall be guilty of a misdemeanor and, on conviction, shall be imprisoned in the county jail for not more than one year and may also be fined not more than $1,000.00.

(b) In the event of a second conviction under this section, such person shall be forever ineligible to hold any position with the State of Alabama.
Ala. Code § 41-16A-3 — Alabama Code / Title 41 / Chapter 16A / Section 41-16A-3
Section 41-16A-3 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the respective meanings provided by this section:

(a) ALTERNATIVE FINANCING CONTRACT. A lease, lease-purchase, lease with option to purchase, installment-sale agreement or arrangement, or other similar agreement or arrangement.

(b) GOVERNMENTAL ENTITY. The state; any political subdivision of the state; any agency, board, commission, or department of the state; any county; any municipal corporation; any county board of education; any city board of education; any instrumentality of any of the foregoing; the State Board of Education, acting for the respective educational institutions under its supervision; each public corporation that conducts one or more state educational institutions under its supervision; and any public corporation arising under or organized pursuant to any statute of the state.

(c) GRANTOR PARTY. The lessor under a lease or lease-purchase contract, grantor under an installment-purchase contract, or other comparable party under any other alternative financing contract. Unless otherwise indicated by the context, each reference to grantor party shall include any assignee of the rights of the grantor party under the alternative financing contract.

(d) ELIGIBLE PROPERTY. Any tangible personal property, or any interest therein, including without limitation any goods, supplies, materials, appliances, equipment, furnishings, and/or machinery, whether or not such items constitute fixtures.

(e) STATE. The State of Alabama.

(f) SUBJECT PROPERTY. The eligible property which is the subject of an alternative financing contract.
Ala. Code § 41-9-207 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-207
Section 41-9-207 Legislative Findings and Declarations; Purpose of Article; Agencies; Duties and Goals
Status: in_force

(a) The Legislature finds and declares that:

(1) The people of this state have a fundamental interest in the orderly development of the state and its regions;

(2) The state has a positive interest in the preparation and maintenance of long-term, comprehensive plans for the economic, physical, and human resource development of the whole state and of each of its regions which plans can serve as guides for local governmental units and state departments and agencies;

(3) The continued growth of the state and the readjustment of the people to the changing economy of the state, present problems which can best be solved by overall state planning guidance for their solution;

(4) Local governmental planning and program implementation can be strengthened when done in relation to and coordinated with the planning efforts and program implementation of the state and of the regions of the state;

(5) Orderly and harmonious coordination of state and local plans and programs with those of the federal government, state and regional planning and programming requires direct leadership by the Governor;

(6) The state has a positive interest in assisting the various local governmental units, and state departments, agencies, and institutions, in the procurement of various forms of assistance from the federal government for the benefit of the people of the state and to meet critical state needs;

(7) Orderly and efficient administration of state finances and programs, and improved state assistance to local governmental units and state departments, agencies, political subdivisions, and institutions in the procurement of federal assistance can most effectively be accomplished if the state can monitor the types, amounts and purposes of advances, loans, grants, contributions, and any other form of assistance from the federal government which is applied for and/or accepted by departments, agencies, institutions, and political subdivisions of the state.

(b) It is the purpose of this article to promote the development of the state’s human, economic, and physical resources, and to promote the health, safety, and general welfare of its citizens, by creating within the executive branch, an agency for comprehensive statewide planning and federal assistance oversight. The agency shall act as an advisory, consulting, monitoring, and coordinating agency to harmonize activities at all levels of government, render technical assistance to governmental units and political subdivisions of this state, and stimulate public interest and participation in the human resource, economic, and physical development of the state as these relate to federal programs, federal grants, and federal assistance.
Ala. Code § 41-4-164 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-164
Section 41-4-164 Appeals
Status: in_force

(a) A party that receives an adverse decision from the Chief Procurement Officer under Section 41-4-161(c) or Section 41-4-162(c) may appeal the decision to the Director of Finance.

(b) Any appeal to the Director of Finance shall be made in writing within five days after receipt of the adverse decision by the Chief Procurement Officer.

(c) The Director of Finance shall hold unlawful and set aside any decision issued by the Chief Procurement Officer that the director finds to be arbitrary, capricious, an abuse of discretion, or otherwise inconsistent with law.

(d) The Director of Finance shall issue a written decision within 14 days after receipt of the appeal.

(e) A copy of the decision under subsection (d) shall be mailed or otherwise furnished immediately to the parties.

(f) A decision under subsection (d) shall be final and conclusive unless fraudulent.

(g) The administrative procedures and remedies provided in this division shall not be construed as a contested case under the Alabama Administrative Procedure Act.
Ala. Code § 41-23-276 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-276
Section 41-23-276 Applicability of Open Meetings Act
Status: in_force

Meetings of the authority are subject to the requirements of Chapter 25A of Title 36.
Ala. Code § 41-5A-12.1 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-12.1
Section 41-5A-12.1 Audit of Municipality Under Certain Circumstances
Status: in_force

(a) This section shall be known and may be cited as the Municipal Audit Accountability Act.

(b) Any provision of law to the contrary notwithstanding, if the Department of Examiners of Public Accounts suspects fraud or mismanagement of funds by a municipality, the department may examine the books, records, vouchers, and accounts of the municipality.

(c) If the mayor of a municipality does not provide for an audit or examination to be conducted on the municipality as required by law, or when fraud or mismanagement of funds by the municipality is suspected, a majority of the members of the governing body of the municipality, by resolution, may submit a written request to the department for an examination by the department of the books, records, vouchers, and accounts of the municipality. The department, pursuant to a cursory review, shall determine whether an in-depth audit by the department is necessary as required by law or by evidence of fraud or mismanagement, and, if warranted by the department, shall conduct a formal audit or examination during the six month period following that determination.

(d) If a municipality has an independent audit or examination of the books, records, vouchers, and accounts of the municipality conducted, the governing body of the municipality, upon receipt of the final report of the independent audit or examination, shall provide a copy of the report to the department within 60 days after completion. The department shall establish a repository of independent audit reports received; provide, on a weekly basis, notice to the public of reports received; and, upon request, provide copies of reports received to the public.

(e) Any municipality in which the municipal officer or municipal governing body fails or willfully refuses to have a financial audit conducted, or to comply with subsection (d), shall be subject to an audit by the department. The department shall assess the costs of the audit against the municipality. Before performing an audit under this subsection, the department shall notify the municipality of its intent to perform an audit. The municipality shall have 30 days from the date of the notice to file a completed audit report or, if an audit is currently pending, provide the department with the name and address of the independent public accountant retained to perform the audit and an estimated time for completion.

(f) If the department determines that a municipal officer or municipal governing body has failed or willfully refused to have a financial audit conducted or to comply with subsection (e), unless the municipal officer or municipal governing body can demonstrate to the department that it has made a good faith effort to perform as required by this section, the department shall levy a penalty of up to two hundred fifty dollars ($250) per week for each week the failure or refusal continues. Any penalties imposed and collected pursuant to this subsection shall be paid into the State General Fund.
Ala. Code § 41-9-572 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-572
Section 41-9-572 Function
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 § 41-18-1 — Alabama Code / Title 41 / Chapter 18 / Section 41-18-1
Section 41-18-1 Text. (Amended by Act 2026-327)
Status: in_force

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

(a) The party states find that the South has a sense of community based on common social, cultural, and economic needs and fostered by a regional tradition. There are vast potentialities for mutual improvement of each state in the region by cooperative planning for the development, conservation, and efficient utilization of human and natural resources in a geographic area large enough to afford a high degree of flexibility in identifying and taking maximum advantage of opportunities for healthy and beneficial growth. The independence of each state and the special needs of subregions are recognized and are to be safeguarded. Accordingly, the cooperation resulting from this agreement is intended to assist the states in meeting their own problems by enhancing their abilities to recognize and analyze regional opportunities and take account of regional influences in planning and implementing their public policies.

(b) The purposes of this agreement are to provide:

(1) Improved facilities and procedures for study, analysis, and planning of governmental policies, programs, and activities of regional significance;

(2) Assistance in the prevention of interstate conflicts and the promotion of regional cooperation;

(3) Mechanisms for the coordination of state and local interests on a regional basis; and

(4) An agency to assist the states in accomplishing the foregoing.

(a) There is hereby created the southern growth policies board, hereinafter called “the board.”

(b) The board shall consist of five members from each party state, as follows:

(1) The governor,

(2) Two members of the state legislature, one appointed by the presiding officer of each house of the legislature or in such other manner as the legislature may provide, and

(3) Two residents of the state who shall be appointed by the governor to serve at his or her pleasure.

(c) In making appointments pursuant to paragraph (b)(3), a governor shall, to the greatest extent practicable, select persons who, along with the other members serving pursuant to paragraph (b), will make the state’s representation on the board broadly representative of the several socioeconomic elements within his or her state.

(d)(1) A governor may be represented by an alternate with power to act in his or her place and stead, if notice of the designation of such alternate is given to the board in such manner as its bylaws may provide.

(2) A legislative member of the board may be represented by an alternate with power to act in his or her place and stead, unless the laws of his or her state prohibit such representation, and if notice of the designation of such alternate is given to the board in such manner as its bylaws may provide. An alternate for a legislative member of the board shall be selected by the member from among the members of the legislative house in which he or she serves.

(3) A member of the board serving pursuant to paragraph (b)(3), of this article may be represented by another resident of his or her state who may participate in his or her place and stead, except that he or she shall not vote; provided, that notice of the identity and designation of the representative selected by the member is given to the board in such manner as its bylaws may provide.

(a) The board shall prepare and keep current a statement of regional objectives, including recommended approaches to regional problems. The statement may also identify projects deemed by the board to be of regional significance. The statement shall be available in its initial form two years from the effective date of this agreement and shall be amended or revised no less frequently than once every six years. The statement shall be in such detail as the board may prescribe. Amendments, revisions, supplements, or evaluations may be transmitted at any time. An annual commentary on the statement shall be submitted at a regular time to be determined by the board.

(b) In addition to powers conferred on the board elsewhere in this agreement, the board shall have the power to make or commission studies, investigations, and recommendations with respect to:

(1) The planning and programming of projects of interstate or regional significance;

(2) Planning and scheduling of governmental services and programs which would be of assistance to the orderly growth and prosperity of the region and to the well-being of its population;

(3) Effective utilization of such federal assistance as may be available on a regional basis or as may have an interstate or regional impact;

(4) Measures for influencing population distribution, land use, development of new communities and redevelopment of existing ones;

(5) Transportation patterns and systems of interstate and regional significance;

(6) Improved utilization of human and natural resources for the advancement of the region as a whole; and

(7) Any other matters of a planning, data collection, or informational character that the board may determine to be of value to the party states.

(a) To avoid duplication of effort and in the interest of economy, the board shall make use of existing studies, surveys, plans and data, and other materials in the possession of the governmental agencies of the party states and their respective subdivisions or in the possession of other interstate agencies. Each such agency, within available appropriations and if not expressly prevented or limited by law, is hereby authorized to make such materials available to the board and to otherwise assist it in the performance of its functions. At the request of the board, each such agency is further authorized to provide information regarding plans and programs affecting the region, or any subarea thereof, so that the board may have available to it current information with respect thereto.

(b) The board shall use qualified public and private agencies to make investigations and conduct research, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigations and conduct its own research. The board may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations or original research within its purview.

(c) In general, the policy of paragraph (b) of this article shall apply to the activities of the board relating to its statement of regional objectives, but nothing herein shall be construed to require the board to rely on the services of other persons or agencies in developing the statement of regional objectives or any amendment, supplement or revision thereof.

The board shall establish a local governments advisory committee. In addition, the board may establish advisory committees representative of subregions of the South, civic and community interests, industry, agriculture, labor, or other categories or any combinations thereof. Unless the laws of a party state contain a contrary requirement, any public official of the party state or a subdivision thereof may serve on an advisory committee established pursuant hereto, and such service may be considered as a duty of his or her regular office or employment.

(a) The members of the board shall be entitled to one vote each. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action of the board shall be only at a meeting at which a majority of the members or their alternates are present. The board shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the board may delegate the exercise of any of its powers relating to internal administration and management to an executive committee or the executive director. In no event shall any such delegation include final approval of:

(1) A budget or appropriation request,

(2) The statement of regional objectives or any amendment, supplement or revision thereof,

(3) Official comments on or recommendations with respect to projects of interstate or regional significance, or

(4) The annual report.

(b) To assist in the expeditious conduct of its business when the full board is not meeting, the board shall elect an executive committee of not to exceed 17 members, including at least one member from each party state. The executive committee, subject to the provisions of this agreement and consistent with the policies of the board, shall be constituted and function as provided in the bylaws of the board. One half of the membership of the executive committee shall consist of governors, and the remainder shall consist of other members of the board, except that at any time when there is an odd number of members on the executive committee the number of governors shall be one less than half of the total membership. The members of the executive committee shall serve for terms of two years, except that members elected to the first executive committee shall be elected as follows: one less than half of the membership for two years and the remainder for one year. The chair, chair-elect, vice-chair, and treasurer of the board shall be members of the executive committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the executive committee shall not affect its authority to act, but the board at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term.

(c) The board shall have a seal.

(d) The board shall elect from among its members a chair, a chair-elect, a vice-chair and a treasurer. Elections shall be annual. The chair-elect shall succeed to the office of chair for the year following his or her service as chair-elect. For purposes of the election and service of officers of the board, the year shall be deemed to commence at the conclusion of the annual meeting of the board and terminate at the conclusion of the next annual meeting thereof. The board shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the board and, together with the treasurer and such other personnel as the board may deem appropriate, shall be bonded in such amounts as the board shall determine. The executive director shall be secretary.

(e) The executive director, subject to the policy set forth in this agreement and any applicable directions given by the board, may make contracts on behalf of the board.

(f) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, subject to the approval of the board, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the board and shall fix the duties and compensation of such personnel. The board in its bylaws shall provide for the personnel policies and programs of the board.

(g) The board may borrow, accept, or contract for the services of personnel from any party jurisdiction, the United States or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

(h) The board may accept for any of its purposes and functions under this agreement any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to paragraph (g) of this article shall be reported in the annual report of the board. Such report shall include the nature, amount and conditions if any, of the donation, grant, or services borrowed and the identity of the donor or lender.

(i) The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.

(j) The board shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The board shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

(k) The board annually shall make to the governor and legislature of each party state a report covering the activities of the board for the preceding year. The board at any time may make such additional reports and transmit such studies as it may deem desirable.

(l) The board may do any other or additional things appropriate to implement powers conferred upon it by this agreement.

(a) The board shall advise the governor or designated officer or officers of each party state of its budget of estimated expenditures for such period as may be required by the laws of that party state. Each of the board’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.

(b) The total amount of appropriation requests under any budget shall be apportioned among the party states. Such apportionment shall be in accordance with the following formula:

(1) One third in equal shares,

(2) One third in the proportion that the population of a party state bears to the population of all party states, and

(3) One third in the proportion that the per capita income in a party state bears to the per capita income in all party states.

In implementing this formula, the board shall employ the most recent authoritative sources of information and shall specify the sources used.

(c) The board shall not pledge the credit of any party state. The board may meet any of its obligations in whole or in part with funds available to it pursuant to Article VI (h) of this agreement, provided that the board takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the board makes use of funds available to it pursuant to Article VI (h), or borrows pursuant to this paragraph, the board shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. The board may borrow against anticipated revenues for terms not to exceed two years, but in any such event the credit pledged shall be that of the board and not of a party state.

(d) The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the board.

(e) The accounts of the board shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the board.

(f) Nothing contained herein shall be construed to prevent board compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the board.

Each party state is hereby authorized to participate in cooperative or joint planning undertakings with the federal government, and any appropriate agency or agencies thereof, or with any interstate agency or agencies. Such participation shall be at the instance of the governor or in such manner as state law may provide or authorize. The board may facilitate the work of state representatives in any joint interstate or cooperative federal-state undertaking authorized by this article, and each such state shall keep the board advised of its activities in respect of such undertakings, to the extent that they have interstate or regional significance.

The board may undertake studies or investigations centering on the problems of one or more selected subareas within the region; provided, that in its judgment such studies or investigations will have value as demonstrations for similar or other areas within the region. If a study or investigation that would be of primary benefit to a given state, unit of local government, or intrastate or interstate area is proposed, and if the board finds that it is not justified in undertaking the work for its regional value as a demonstration, the board may undertake the study or investigation as a special project. In any such event, it shall be a condition precedent that satisfactory financing and personnel arrangements be concluded to assure that the party or parties benefited bear all costs which the board determines that it would be inequitable for it to assume. Prior to undertaking any study or investigation pursuant to this article as a special project, the board shall make reasonable efforts to secure the undertaking of the work by another responsible public or private entity in accordance with the policy set forth in Article IV (b).

If any two or more contiguous party states desire to prepare a single or consolidated comprehensive land use plan or a land use plan for any interstate area lying partly within each such state, the governors of the states involved may designate the board as their joint agency for the purpose. The board shall accept such designation and carry out such responsibility; provided, that the states involved make arrangements satisfactory to the board to reimburse it or otherwise provide the resources with which the land use plan is to be prepared. Nothing contained in this article shall be construed to deny the availability for use in the preparation of any such plan of data and information already in the possession of the board or to require payment on account of the use thereof in addition to payments otherwise required to be made pursuant to other provisions of this agreement.

Nothing in this agreement shall be construed to:

(1) Affect the powers or jurisdiction of any agency of a party state or any subdivision thereof;

(2) Affect the rights or obligations of any governmental units, agencies or officials, or of any private persons or entities conferred or imposed by any interstate or interstate-federal compacts to which any one or more states participating herein are parties; or

(3) Impinge on the jurisdiction of any existing interstate-federal mechanism for regional planning or development.

(a) This agreement shall have as eligible parties the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.

(b) Any eligible state may enter into this agreement, and it shall become binding thereon when it has adopted the same; provided, that in order to enter into initial effect, adoption by at least five states shall be required.

(c) Adoption of the agreement may be either by enactment thereof or by adherence thereto by the governor; provided, that in the absence of enactment, adherence by the governor shall be sufficient to make his or her state a party only until December 31, 1977. During any period when a state is participating in this agreement through gubernatorial action, the governor may provide to the board an equitable share of the financial support of the board from any source available to him or her. Nothing in this paragraph shall be construed to require a governor to take action contrary to the constitution or laws of his or her state.

(d) Except for a withdrawal effective on December 31, 1977, in accordance with paragraph (c) of this article, any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable, and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.
Ala. Code § 41-23-121 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-121
Section 41-23-121 Powers of Office
Status: in_force

The office shall have the following powers to:

(1) Ensure that assets and needs of water transportation and intermodal infrastructure are properly considered and reflected in the state’s comprehensive transportation and strategic planning policies.

(2) Assist and coordinate with public and private entities in the development of the state’s rivers, ports, harbors, and intermodal facilities.

(3) Coordinate with the Coalition of Alabama Waterway Associations and other interests to formulate recommendations on annual budget requirements for federal waterway projects, infrastructure development, and related needs.

(4) Coordinate with each of Alabama’s individual waterway associations to promote the continued development, maintenance, and multiple use benefits of federally maintained navigation channels within the state and to market the benefits of improved water transportation.

(5) Coordinate with local and state development agencies to ensure a better understanding of the state’s navigable waterways and intermodal infrastructure needs in a manner that will result in the use and coordinated growth of the state’s transportation resources and facilities.

(6) Monitor and intercede on behalf of and represent the state before any agency of the United States government in matters pertaining to the application of fees, tolls, or user charges levied or contemplated to be levied against the water transportation industry engaged in either intrastate or interstate water commerce.

(7) Receive and use any federal, state, or private funds, donations, and grants made available for the development, use, expansion, and rehabilitation of river transportation and intermodal infrastructure resources of this state, provided that nothing herein shall be deemed to deny or prohibit any municipality, county, port authority, commission, or other governmental or private agency or authority from accepting the donations and grants they are now authorized by law to receive.

(8) Cooperate and enter into contracts with the federal government or any agency thereof or agencies of other states as necessary to carry out the purpose of this article, provided that no contract may obligate or potentially obligate any state funds or the full faith and credit of the State of Alabama unless expressly authorized by the Legislature.

(9) Serve as a resource for and assist all state agencies including, but not limited to, the Alabama Department of Transportation, the Alabama Department of Commerce, the Alabama State Port Authority, the Alabama Department of Agriculture and Industries, and others on any matters pertaining to and concerning the water transportation industry, including the promotion of the inland waterways and intermodal facilities as an attraction for new and expanding industries.

(10) Promote the development of commercial water transportation and intermodal infrastructure in this state through cooperation, in any manner whatsoever, with other states, other agencies of this state, the state Legislature, agencies of the United States government, and the Congress of the United States.

(11) Study all state and federal executive orders, legislation, and regulatory actions which may affect the commercial development of interstate or intrastate water transportation and intermodal infrastructure, and make recommendations concerning any executive orders, legislation, or regulatory actions.

(12) Compile, update, and provide, when and where necessary, a repository or database of information describing the capabilities of the state’s inland river ports, harbors, and intermodal infrastructure facilities with respect to equipment, systems, or types of products handled, economic benefits, job creation, capital investments, and other pertinent data, including studies and planning for the expansion to further the development of the inland river ports, harbors, intermodal facilities, and the water transportation industry in general.

(13) Provide, when and where necessary, any and all information and data, individually or collectively, or both, to the Legislature, through the Director of ADECA, for the inland river ports, harbors, and intermodal infrastructure facilities within the state.

(14) Assist in the formation and presentation of any legislation to promote the development and growth of the waterways industry and intermodal infrastructure in the State of Alabama.

(15) Prepare studies and make plans for the expansion, use, and growth of the inland water transportation resources and intermodal infrastructure facilities of this state.

(16) Serve as Secretary to the Inland Waterways and Intermodal Infrastructure Advisory Board, and coordinate all administrative requirements in support of the board.

(17) Perform all other functions for and on behalf of the state which may be necessary or desirable to accomplish the purposes of this article.
Ala. Code § 41-4-413 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-413
Section 41-4-413 Fees
Status: in_force

(a) In order to fund the construction industry craft training program, a fee in the amount of one dollar ($1) per each one thousand dollars ($1,000) of construction authorized on any nonresidential construction building permit issued by any county, city, town, or other political subdivision of this state is imposed.

(b) The office of the political subdivision issuing the permit shall be responsible for collecting the fee and remitting it monthly to the Division of Construction Management of the Department of Finance.

(c) There shall be appropriated to the Division of Construction Management of the Department of Finance as a first charge against the revenues from the fee imposed by this section an amount that will offset its actual costs in the administration and regulation of this fee. The net proceeds received pursuant to this section shall be deposited in the Craft Training Fund and shall be used exclusively at the direction of the Craft Training Board.

(d) The proceeds from fees collected and deposited into the craft training fund are appropriated for the purposes of this part, to be expended, in whole or in part, by the Craft Training Board.
Ala. Code § 41-9-332 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-332
Section 41-9-332 Commission Granted Additional Authority
Status: in_force

In addition to the authority granted to the commission under Sections 41-9-320, and 41-9-325 to 41-9-328, inclusive, the commission is further authorized to offer technical assistance to other 19th Century ironworks or related industrial preservation projects in Alabama as funds are available and to conduct an inventory of historic ruins appropriate to this critical period in the industrial heritage of the state. The commission may preserve, restore, acquire, maintain, and promote the sites and accept by gift, grant, long-term lease or other legal conveyance properties which contributed to the heritage of the antebellum iron and coal industry of the state.
Ala. Code § 41-9-966 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-966
Section 41-9-966 Tax Exemption
Status: in_force

The commission shall be exempt from taxation by the State of Alabama and any political subdivision, including, but not limited to, income, admission, amusement, excise and ad valorem taxes on any of the following items:

(1) Properties of the commission and the income derived.

(2) Lease agreements and contracts.

(3) Bonds and coupons and the income derived.

(4) Executed indentures.
Ala. Code § 41-4-3 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-3
Section 41-4-3 Duties of Department Generally
Status: in_force

It shall be the duty of the Department of Finance:

(1) To manage, supervise, and control all matters pertaining to the fiscal affairs and fiscal procedure of the state, except such as may, by the constitution or statute, be specifically required to be performed by the State Auditor, the State Treasurer, or the Department of Revenue, and to keep all records, accounts, and data relating thereto. The department may charge a reasonable fee for any services provided by the department or its divisions in carrying out the duties herein.

(2) To manage and supervise all state real property wherever located through a centralized organization within the department.

(3) To manage, supervise and control the insurance of all state property, wherever located.

(4) To operate, manage, and administer the State Insurance Fund.

(5) To make the annual financial report of the state, as soon as possible after the close of each fiscal year, in accordance with approved public accounting practice, and in such form and such detail as may be necessary to present an accurate description of the financial condition of the state during the preceding fiscal year. The reports of the State Auditor and the State Treasurer shall be bound with, and printed as a part of, the report.

(6) To conduct such studies, to secure such information and data, to make such reports, and to furnish such information as may be required by the Governor or the Legislature.
Ala. Code § 41-10-31 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-31
Section 41-10-31 Payment of Principal and Interest on Bonds and Maintenance of Records Pertaining Thereto by State Treasurer
Status: in_force

Out of the revenues appropriated and pledged in Section 41-10-30, the State Treasurer is hereby authorized and directed to pay the principal of and interest on the bonds issued by the authority under the provisions of this article, as said principal and interest shall respectively mature, and the State Treasurer is further authorized and directed to set up and maintain appropriate records pertaining thereto.
Ala. Code § 41-9-254 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-254
Section 41-9-254 Acquisition, Operation, Etc., of Libraries or Museums by Commission; Commission Not to Engage in Publishing or Printing of Historical Quarterlies
Status: in_force

The commission shall not accept, acquire, operate, or maintain libraries or museums, except when the same are an integral part of one of the properties owned or managed by the commission, nor shall the commission engage in the publishing or printing of historical quarterlies.
Ala. Code § 41-10-556 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-556
Section 41-10-556 Dissolution of Authority
Status: in_force

At any time when no authority obligations are outstanding and the authority has no outstanding obligation with respect to payment of training facility management fees, the authority may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the directors of the authority and sworn to by each director before an officer authorized to take acknowledgments to deeds. Upon the filing of the application for dissolution, the authority shall cease to exist. The Secretary of State shall file and record the application 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 certificate with the application for dissolution. Title to all property held in the name of the authority shall be vested in the state upon dissolution of the authority.
Ala. Code § 41-9-964 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-964
Section 41-9-964 Money from Private Sources, Authority to Borrow and Pledge Future Revenues
Status: in_force

The commission shall have the authority to borrow money from private sources, the state emergency fund or other sources as may be acceptable to the commission under terms and conditions as may be provided by law. In order to provide security for the repayment of any private or public loans, the commission shall have the authority to pledge future revenues from admissions and any other sources.
Ala. Code § 41-17A-4 — Alabama Code / Title 41 / Chapter 17A / Section 41-17A-4
Section 41-17A-4 Average Fleet Fuel Economy Improvement
Status: in_force

(a) Except as otherwise provided under this section, the average fleet fuel economy for light-duty vehicles shall be increased by four percent per fiscal year, rounded to the nearest 1/10 mile per gallon, beginning November 21, 2009.

(b) Except as otherwise provided under this section, the average fleet fuel economy for medium-duty vehicles shall be increased by three percent per fiscal year, rounded to the nearest 1/10 mile per gallon, beginning November 21, 2009.

(c) Except as otherwise provided under this section, the average fleet fuel economy for heavy-duty vehicles shall be increased by two percent per fiscal year, rounded to the nearest 1/10 mile per gallon, beginning November 21, 2009.

(d) Notwithstanding the requirements of subsections (a), (b), and (c), the Green Fleets Review Committee may prescribe a lower average fuel economy percentage improvement for a specific fiscal year if the committee determines that the standards prescribed pursuant to subsections (a), (b), or (c) are neither of the following:

(1) Technologically achievable.

(2) Cost effective, as demonstrated by clear evidence.

(e) If a lower percentage fuel economy improvement is prescribed for a specific fiscal year under subsection (d), that percentage increase shall be the maximum increase that is both of the following:

(1) Technologically achievable.

(2) Cost effective.

(f) In determining cost effectiveness under this section, the committee shall take into account the total value to the nation of reduced petroleum use, including the value of reducing external costs of petroleum use, using a value for such costs equal to 25 percent of the value of a gallon of gasoline saved.

(g) In addition to determining cost effectiveness under this section, reducing harmful emissions and greenhouse gases created by the production and use of a fuel source shall be the second primary criteria taken into account by the committee. Whenever a fleet is taking into consideration a new fuel, the fuel provider shall submit U.S. Department of Energy statistics showing the life cycle emissions per gallon gasoline equivalent for the green fleet manager to submit to the committee.
Ala. Code § 41-10-238 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-238
Section 41-10-238 Establishment of Africatown, U.s.a. Historic Preservation Authority; Duties
Status: in_force

In accordance with “The Historical Preservation Authorities Act of 1979,” excluding any sections relating to the National Register of Historic Places as a qualifying element to establish a public corporation and exempting any corporation formed under the authority of said act from any listing on the National Register of Historic Places, a public corporation may be formed under the provisions of this section and said act for purposes of establishing the Africatown, U.S.A. Historic Preservation Authority. It shall be the duty of the authority to study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Africatown, U.S.A. State Park; to confer with appropriate officials of local, state, and federal governments and agencies on matters related to any national and international recognition for Africatown, U.S.A. State Park; to cooperate with and secure assistance of local, state, federal, and international governments or any agencies thereof in formulating related programs; and, to coordinate such programs with any program relating to Africatown, U.S.A. State Park that is adopted or planned by the federal government to the end that the authority may secure the full benefit of such program; provided, however, that such authority is hereby authorized to directly seek and receive from the federal government any grants, funds, or other benefits which may be available for the Africatown, U.S.A. State Park.
Ala. Code § 41-10-232 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-232
Section 41-10-232 Africatown, U.s.a. State Park to Be Included in Listings of State Parks; Use of Park
Status: in_force

In order to preserve and interpret to the public the historic and cultural properties at and near Africatown, U.S.A. in Mobile County, the Commissioner of the state Department of Conservation and Natural Resources shall include the descriptions of lands and boundaries contained in Section 41-10-233 on any registry or listings of state parks. The Africatown, U.S.A. State Park shall be comprised of those facilities authorized in Section 41-10-234 and shall be utilized as a park for recreational use by the general public and for no other and different purpose, as stated in the deed conveying said property to the City of Prichard.
Ala. Code § 41-23-281 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-281
Section 41-23-281 Annual Report
Status: in_force

(a) Beginning May 17, 2022, and in conjunction with the annual meeting of the authority and the Alabama Rural Broadband Oversight Committee, as provided for in Section 41-23-272(e), ADECA shall provide a report to the Legislature on all of the following:

(1) A summary of the goals and objectives relating to the statewide connectivity plan and progress made toward achievement of those goals and objectives.

(2) The amount and source of funds received and the participation and status of grants awarded under this article.

(3) A summary of all other related activities of the division as required under this article.

(b) ADECA shall publish the reports required under subsection (a) on its public website.
Ala. Code § 41-9-65 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-65
Section 41-9-65 Limitation Periods for Presentation of Claims
Status: in_force

(a) Unless otherwise provided in this section, all claims must be presented to the Board of Adjustment within one year after the cause of action accrues.

(b) Claims for injury to the person resulting in death must be presented to the Board of Adjustment within two years after the cause of action accrues, unless the same is first carried into the courts of the state, in which event the statute of limitations shall not begin to run until the date on which a final judgment in the same, holding the claimant not entitled to relief through the courts of the state, is entered.

(c) In the matter of escheats to the State of Alabama, any such claim must be filed with the Board of Adjustment within 10 years from the time of the escheat to the State of Alabama; except, that the claims of minors may be considered by the Board of Adjustment if the claims are filed within three years after the minor has reached the age of 19 years.

(d) The Board of Adjustment is prohibited from hearing or considering any claim not filed within the time specified and the limitations provided in this section shall apply both to claims which have already accrued and to those which accrue after July 10, 1943.

(e) If a claim filed by a county or a department, agency, board, commission, public corporation, or instrumentality of a county on or after October 1, 2009, is based upon a state agency’s denial of a request for reimbursement of expenses required by law where the agency’s denial is based solely on grounds of failure to comply with an agency deadline, the board shall not uphold the agency’s denial on those grounds unless all of the following apply:

(1) The agency has promulgated written procedures for claiming reimbursement, which include timelines, which procedures have been approved by the agency head.

(2) A copy of the agency’s current written procedures has been distributed to all counties prior to the time the county or a department, agency, board, commission, public corporation, or instrumentality of the county incurred the expenses for which reimbursement is sought.

(3) The agency has properly applied its procedures in denying the claim for reimbursement of expenses submitted by the county or a department, agency, board, commission, public corporation, or instrumentality of the county.

(4) The agency provided written notice of the denial to the county or a department, agency, board, commission, public corporation, or instrumentality of the county within 14 days of its decision, which notice included instructions for appealing the decision to the Board of Adjustment.

(f) The Board of Adjustment’s one-year statute of limitations, as set out in subsection (a), shall apply to claims filed therein pursuant to subsection (e) and, for statute of limitations purposes, the Board of Adjustment claim shall be deemed to have accrued on the date the claim for reimbursement was denied by the state agency. The Board of Adjustment shall uphold the agency’s denial of reimbursement based solely on the failure to file timely if the reimbursement request is submitted to the agency more than 12 months after the November 30 following the close of the fiscal year in which the expense was incurred.
Ala. Code § 41-9-338.4 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-338.4
Section 41-9-338.4 Exemption from Public Works Competitive Bid Laws
Status: in_force

(a) The Alabama Women’s Tribute Statue Commission is exempt from Chapter 2 of Title 39 for the purpose of procuring any contract to commission the creation and placement of statues or any works directly related to statues of Rosa Parks and Helen Keller on the grounds of the Capitol by artists or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.

(b) The Finance Director shall approve any contract pursuant to subsection (a) prior to any expenditure of funds.
Ala. Code § 41-9-681 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-681
Section 41-9-681 Domicile of Board; Halls, Quarters, Etc.; Executive Secretary or Director; Staff
Status: in_force

The board shall be domiciled within Colbert County, Alabama, where it shall maintain such halls, rooms, or quarters as may be considered suitable and appropriate for conducting its affairs. The board may appoint an executive secretary or director and such staff as may be necessary for the performance of its duties and functions.
Ala. Code § 41-9-452 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-452
Section 41-9-452 Purpose of Board; Adoption of Rules, Regulations and Bylaws; Conduct of Annual Function to Honor Sports Dignitaries; Conduct of Surveys and Polls; Appointment of Committees and Representatives
Status: in_force

It shall be the function and main purpose of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports in Alabama or elsewhere. The board may adopt such rules, regulations, and bylaws as may be needed to carry out its functions. The board may honor Alabama sports dignitaries at an annual function and may pay the actual expenses of celebrities and/or guest speakers who are invited to participate in the ceremonies. It may also conduct surveys and polls and may appoint such committees and representatives as it may determine necessary or desirable.
Ala. Code § 41-10-323 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-323
Section 41-10-323 Plans for Construction of Facilities
Status: in_force

All facilities constructed by the authority shall be constructed according to plans and specifications of architects or engineers, or both, selected by the commission. Such plans and specifications shall be approved by the authority.
Ala. Code § 41-9-830 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-830
Section 41-9-830 Alabama Turkey Hunters Hall of Fame Created; Board Membership; Meetings; Quorum; Compensation; Terms of Office; Vacancies
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 § 41-10-704 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-704
Section 41-10-704 Disposition of Funds
Status: in_force

Transferred to §41-10-731 by Act 2010-220, p. 365, §4, effective March 22, 2010.
Ala. Code § 41-10-58 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-58
Section 41-10-58 Sale of Bonds; Public Hearing or Consent of Department of Finance, Etc., Not a Prerequisite to Issuance of Bonds
Status: in_force

(a) Any of the bonds may be sold at any time and from time to time as said board of directors may deem advantageous. The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest 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 each such sale must be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper published in this state which is customarily published not less often than six days during each calendar week, each of which notices must be published at least one time not less than 10 days prior to the date fixed for the sale. The board of directors may fix the terms and conditions under which each such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; provided further, that such terms and conditions shall not conflict with any of the requirements of this article.

(b) Neither a public hearing nor consent of the state Department of Finance or any other department or agency shall be a prerequisite to the issuance of any of the bonds.
Ala. Code § 41-9-1020 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1020
Section 41-9-1020 Short Title
Status: in_force

This article shall be known and may be cited as the Alabama Unarmed Combat Act.
Ala. Code § 41-10-281 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-281
Section 41-10-281 Obligations Not Debt of State
Status: in_force

All contracts made, obligations incurred and bonds issued by the authority shall be solely and exclusively obligations of the authority and shall not create obligations or debts of the state.
Ala. Code § 41-4-152 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-152
Section 41-4-152 Payment for Printing - Laws and Journals
Status: reserved

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.
Ala. Code § 41-9-744 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-744
Section 41-9-744 Annual Meetings Required; Time and Place of Meetings; Quorum; Promulgation of Rules and Regulations
Status: in_force

Amended and renumbered as §38-3-24 by Act 2008-398, p. 787, §3, effective May 16, 2008.
Ala. Code § 41-10-209 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-209
Section 41-10-209 Exemption 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 § 41-10-53 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-53
Section 41-10-53 Authority and Procedure for Incorporation of Authority; Members, Officers and Directors of Authority; Reduction to Writing, Recordation and Admissibility in Evidence of Proceedings of Board of Directors
Status: in_force

(a) The Director of Finance, the Secretary of the Alabama Department of Commerce, the State Treasurer and the Executive Secretary to the Governor are hereby authorized to become a corporation, with the powers and authorities provided for in this article, by proceeding according to the provisions hereinafter outlined in this article. To become a corporation, the Director of Finance, the Secretary of the Alabama Department of Commerce, the State Treasurer and the Executive Secretary to the Governor shall present to the Secretary of State of Alabama an application signed by them which shall set forth:

(1) The name, official designation, and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant’s right to office;

(2) The date on which each applicant was inducted into office and the term of office of each of the applicants;

(3) The name of the proposed corporation, which shall be “Southern Products Mart Authority”;

(4) The location of the principal office of the proposed corporation; and

(5) Any other matter relating to the proposed corporation which the applicants may choose to insert and which shall not be inconsistent with this article or the laws of the state.

The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the state to take acknowledgments to deeds. The Secretary of State of Alabama shall examine the application; and, if he or she finds it to be in substantial compliance with the provisions of this article, he or she shall receive and file it and record it in an appropriate book of record in his office. The Secretary of State of Alabama shall then make and issue to the applicants a certificate of incorporation, under the Great Seal of the State, reciting the fact of the incorporation of the authority and shall record a counterpart of said certificate of incorporation with the application. There shall be no fees paid to the Secretary of State of Alabama for any work in connection with the incorporation of the authority or in connection with the dissolution of the authority. Upon the issuance of said certificate of incorporation, the authority shall constitute a body corporate having corporate succession under the name proposed in the application.

(b) The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Secretary of the Alabama Department of Commerce shall be the president of the authority, the Executive Secretary to the Governor shall be the vice-president of the authority, the Director of Finance shall be the secretary of the authority, and the State Treasurer shall be the treasurer of the authority and shall act as custodian of its funds. The members of the authority shall constitute all the members of the board of directors of the authority, and any three members of said board of directors shall constitute a quorum for the transaction of business. The concurrence of three members of the board of directors shall be necessary for any action taken by the authority. Should any of said officials of the state die or should his or her term of office (as Director of Finance, Secretary of the Alabama Department of Commerce, State Treasurer or Executive Secretary to the Governor, as the case may be) expire or should he or she resign therefrom, his or her successor in office shall take his or her place as a member, officer and director of the authority. No member, officer, or director of the authority shall draw any salary, in addition to that now authorized by law, for any service he or she may render or any duty he or she may perform in connection with the authority.

(c) All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority and recorded in a substantially bound book. Copies of such proceedings, when certified by the secretary of the authority under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
Ala. Code § 41-10-394 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-394
Section 41-10-394 Issuance and Recordation of Certificate of Incorporation by Secretary of State; Secretary of State to Receive No Fees in Connection with Incorporation, Dissolution, Etc., of Authority
Status: in_force

When the application has been made, filed and recorded as provided in the preceding section, 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 § 41-10-363 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-363
Section 41-10-363 Refunding Bonds; Proceeds of Sale of Refunding Bonds
Status: in_force

Any bonds issued by the authority under this article may from time to time thereafter be refunded by the issuance of refunding bonds of the authority. Any such refunding bonds may be issued whether the bonds to be refunded shall have then matured or shall thereafter mature, and such refunding may be effected either by sale of the refunding bonds and the applications of the proceeds thereof to the payment or redemption of the bonds so refunded or by exchange of the refunding bonds for those to be refunded thereby; provided, that the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they may be redeemed by the authority according to their terms. Any refunding bonds may be issued in such aggregate principal amount as the authority shall deem necessary to effect such refunding. The proceeds derived from any sale of refunding bonds remaining after payment of the expenses of their issuance shall be applied in accordance with the proceedings of the authority under which such refunding bonds are issued. Pending the application of said proceeds to the purchase, redemption, or payment of such outstanding bonds, the said proceeds may be invested in permitted investments pursuant to a trust agreement providing for the future application of such proceeds to the purchase, redemption, or payment of such outstanding bonds. Bonds refunded prior to their maturity with the proceeds of refunding bonds shall be deemed not outstanding if the authority, in the proceedings under which such refunding bonds are issued, establishes a trust fund comprised of cash or permitted investments, or both, sufficient to pay in accordance with the provisions of such trust fund, when due, the entire principal of, premium, if any, and interest on the refunded bonds; provided, that such government securities shall not be subject to redemption prior to their maturities other than at the option of the holder thereof. Upon the establishment of such a trust fund, the refunded bonds shall no longer be deemed to be outstanding, shall no longer be secured by the funds pledged therefor in Section 41-10-365 hereof, shall no longer be obligations of the authority and shall be secured solely by and payable from the moneys and investments deposited in such trust fund.
Ala. Code § 41-23-30 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-30
Section 41-23-30 Contracts with Eligible Businesses to Provide for Tax Exemptions; Preference to Alabama Manufacturers; Endorsement Resolution; Certification as to Employees; Wage Subsidies
Status: reserved

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

(a) The department, after consultation with the council, and with the approval of the Governor, may enter into contracts with eligible businesses to provide:

(1) For the exemption from sales and use tax imposed by the State of Alabama or from sales and use tax imposed by its political subdivisions, upon approval of the governing authority thereof, of the purchases of the material used in the construction of a building, or any addition or improvement thereon, for housing any legitimate zone business enterprise, and machinery and equipment used in that enterprise.

(2) For certain exemptions from income taxes levied by the State of Alabama levied on eligible corporations and individuals for a period of five years.

(3) For certain exemptions of business privilege taxes levied by the State of Alabama for a period of five years.

(4) For certain exemptions from utility gross receipts taxes levied by Article 3, Chapter 21, Title 40, and utility gross receipts service taxes levied by Article 4, Chapter 21, Title 40, within the enterprise zone, for a period of up to 20 years, for eligible businesses which meet the conditions of subdivision (4) of subsection (c).

(5) For certain exemptions from sales and use taxes imposed by the State of Alabama or from sales and use taxes imposed by local governmental entities, upon approval of the governing authority thereof, within the enterprise zone, for a period of up to 20 years, for eligible businesses which meet the conditions of subdivision (4) of subsection (c).

(6) For certain exemptions from income taxes levied by the State of Alabama levied on eligible corporations and individuals, from income arising from enterprise zone operations, for a period of up to 20 years, for eligible businesses which meet the conditions of subdivision (4) of subsection (c).

(b) The exemptions provided for in subdivisions (4), (5), and (6) of subsection (a) shall not be available to any eligible business after June 30, 1996. Notwithstanding the foregoing, any eligible business receiving the exemptions provided for in subdivisions (4), (5), (6) of subsection (a) before June 30, 1996, shall continue to receive those exemptions for the period of time specified in those subdivisions.

(c) The department may enter into the contracts provided in subsection (a) of this section provided that:

(1) The business and its contractors give preference and priority to Alabama manufacturers and, in the absence of Alabama manufacturers, to Alabama suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency.

(2) The request for such exemption is accompanied by an endorsement resolution approved by the appropriate local governing body, port district, or industrial development board in whose jurisdiction the establishment is to be located.

(3) The business is or shall be located within the boundaries of an urban or rural enterprise zone.

(4) The provisions of subdivisions (4), (5), and (6) of subsection (a) shall be applicable only for businesses which employ at least 1,200 people and make capital investments and capital improvements of at least seventy-five million dollars ($75,000,000) within the enterprise zone.

(5) For businesses which meet the conditions of subdivision (4) above, amounts equivalent to all tax exemptions granted in subsection (a) above shall be utilized by the business solely and exclusively to pay for the new capital investments and improvements within the enterprise zone. These amounts will be maintained by the business in a special account for this purpose and will be subject to verification by the department.

(6) The business located in an urban or rural enterprise zone and receiving the benefits of this article certifies that at least 35 percent of its employees:

a. Are residents of the urban enterprise zone hosting the location of the business at the time of their employment; or are residents of the same county in which a rural enterprise zone is located; and

b. Were receiving some form of public assistance prior to employment; or

c. Were considered unemployable by traditional standards, or lacking in basic skills; or

d. Any combination of the above.

Certification shall be updated annually in order for the business to continue receiving the benefits pursuant to this article.

(d) The department, in cooperation with the council, may enter into agreements with employers located in either urban or rural enterprise zones under which the employers may receive wage subsidies payable from the United States Department of Labor JTPA manpower block grant funds, to the extent that these funds are granted to the State of Alabama by the United States Department of Labor.

(e) All provisions of Title 40 for the enforcement and collection of the taxes herein levied, not specifically addressed in this section, are applicable.
Ala. Code § 41-28-7 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-7
Section 41-28-7 Search Committee
Status: in_force

(a) There is created a search committee whose purpose, when the need arises, is to recommend candidates to the Governor to serve as the Secretary of Information Technology.

(b) The committee shall be composed of the following individuals:

(1) Two members appointed by the Governor.

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

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

(4) A member appointed by the Lieutenant Governor.

(c) The committee shall conduct a search using, at a minimum, the following criteria:

(1) A minimum of 15 years senior management experience in a large organization.

(2) Demonstrated experience in the following areas:

a. Strategic planning and execution.

b. Financial budgeting.

c. Innovation and business transformation.

d. Facilitating and building consensus among a diverse set of stakeholders.

e. Operating in complex, politicized environment.

f. Contracting, negotiating, and change management.

g. Creating and sustaining work cultures.

h. Leading a large functionally diverse information technology organization.

i. Demonstrating ability to work independently with elected officials and heads of agencies from the executive, legislative, and judicial branches of government.

(d) The committee shall forward a list of five to ten qualified candidates to the Governor who may select an individual or reject the list.

(e) Each candidate shall have at a minimum a baccalaureate degree; however, a combination of education and experience may be considered.
Ala. Code § 41-9-961 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-961
Section 41-9-961 Insurance; Civil Actions; Liability
Status: in_force

(a) The commission may provide insurance covering loss or damage to its properties or any properties of others in its custody, care, or control, or any properties as to which it has any insurable interest caused by fire or other casualty and may likewise provide insurance for the payment of damages on account of the injury to or death of persons and the loss of or destruction of properties of others, and may pay the premiums out of the revenues of the commission. Nothing in this section shall be construed to authorize or permit the institution of any civil action or proceeding in any court against the commission for or on account of any matter referred to in this section; provided, any contracts of insurance authorized by this section may, in the discretion of the chair of the commission, provide for a direct right of action against the insurance carrier for the enforcement of any claims or causes of action.

(b) The liability under any policy or contract of insurance, arising out of facts and circumstances that would bring a claim or cause of action within the provisions of Chapter 5 of Title 25 shall be governed by that chapter; provided that the chair of the commission may increase the hospital and medical liability coverage if, in his or her opinion, the increase in coverage is in the best interests of the commission. The liability in all other cases from any policy or contract of insurance, except stated to the contrary, shall be the same as that imposed by law upon private persons, firms, or corporations in like circumstances.
Ala. Code § 41-16-165 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-165
Section 41-16-165 Severability
Status: in_force

If any provision of this article or its application to any person or circumstances is held invalid, then the invalidity does not affect other provisions or applications of this article, which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
Ala. Code § 41-9-1040 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1040
Section 41-9-1040 Sunset Provision
Status: in_force

The Alabama Athletic Commission shall be subject to the Alabama Sunset Law in Chapter 20 of Title 41, as an enumerated agency, and shall have a termination date of October 1, 2011, and every four years thereafter, unless continued as provided in the Alabama Sunset Law.
Ala. Code § 41-4-123 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-123
Section 41-4-123 Delegation of Authority
Status: in_force

Subject to rules adopted under this article, the Chief Procurement Officer may delegate his or her authority to designees or to any department, agency, or official.
Ala. Code § 41-16-140 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-140
Section 41-16-140 Short Title
Status: in_force

This article shall be known as the “Guaranteed Energy Cost Savings Act.”
Ala. Code § 41-20-12 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-12
Section 41-20-12 Cessation of Affairs of Agencies Terminated; Abolition of Personnel Positions and Reversion to State of Unexpended Funds; Expiration of Licenses; Penalties Unenforceable
Status: in_force

Any enumerated agency which is terminated shall cease its affairs on the date specified in Section 41-20-3. Any nonenumerated agency shall cease its affairs on the date specified in the bill terminating said agency. From the date of sine die of the regular legislative session, immediately preceding the date of termination, any enumerated agency terminated pursuant to Section 41-20-3 shall exercise no functions or powers except to administratively wind up its affairs. Any nonenumerated agency which has been terminated shall exercise no functions or powers, except to administratively wind up its affairs, after the date provided for in the bill terminating such agency. Upon the termination date such enumerated or nonenumerated agency, its personnel position shall be abolished with all unexpended funds reverting back to the state fund from which its appropriation was made, unless otherwise provided by law. Any license issued by any agency, which has an expiration date after the agency’s date of termination, shall expire on the effective date of the agency’s abolishment. Any penalties for engaging in any profession or activity without being licensed therefor shall not be enforceable with respect to activities occurring after an enumerated or nonenumerated agency has ceased its functions pursuant to this chapter.
Ala. Code § 41-22-11 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-11
Section 41-22-11 Petition for Declaratory Ruling as to Validity of Rule, as to Applicability of Any Rule or Statute Enforceable by an Agency, or as to Meaning and Scope of Agency Order; Form and Contents; Binding Effect of Agency Ruling; Effect of Failure to Issue Ruling; Judicial Review
Status: in_force

(a) On the petition of any person substantially affected by a rule, an agency may issue a declaratory ruling with respect to the validity of the rule or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the agency. The petition seeking an administrative determination under this section shall be in writing and shall state with particularity facts sufficient to show the person seeking relief is substantially affected by the rule. Each agency shall prescribe by rule the form of such petitions and the procedure for their submission, consideration, and disposition, and shall prescribe in its rules the circumstances in which rulings shall or shall not be issued.

(b) A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by a court in a proper proceeding. Such rulings are subject to review in the Circuit Court of Montgomery County, unless otherwise specifically provided by the statute, in the manner provided in Section 41-22-20 for the review of decisions in contested cases. Failure of the agency to issue a declaratory ruling on the merits within 45 days of the request for such ruling shall constitute a denial of the request as well as a denial of the merits of the request and shall be subject to judicial review.
Ala. Code § 41-9-634 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-634
Section 41-9-634 Persons Wanted, Vehicles and Property Stolen - Notification of Apprehension or Recovery
Status: in_force

If it is determined by the reporting agency that a person is no longer wanted due to his or her apprehension or any other factor, or when a vehicle or property reported stolen is recovered, the determining agency shall immediately notify ALEA. If the agency making the apprehension or recovery is other than the one which made the original wanted or stolen report, then it shall immediately notify the originating agency of the full particulars relating to the apprehension or recovery.