Ala. Code § 41-22-24 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-24
Section 41-22-24 Reconsideration of Disapproved Rules by the Legislature
Status: reserved

Repealed by Act 2015-291, §3, effective October 1, 2015.
Ala. Code § 41-23-131 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-131
Section 41-23-131 Establishment of Fund; Applications; Use of Funding
Status: in_force

(a) The Inland Ports and Intermodal Development Fund is created within the Alabama Department of Economic and Community Affairs to receive appropriations from the State General Fund for the purpose of financing improvements to existing publicly owned inland ports and intermodal facility infrastructure. Funding for the grant program shall be awarded on a competitive bid basis for inland port and intermodal facility projects that will have a significant local or regional impact. Priority of funding shall be given to inland ports and intermodal facilities that have proven performance in reducing congestion on public highways and increasing tonnage at port facilities and that will enhance regional competitiveness for port operators and users. The minimum participation for local funds is 20 percent of the project amount.

(b) To receive funds under this article, an inland port or intermodal facility shall file an application with the department describing how the funds will be used and any other information the department may require. No application shall be approved or funds distributed unless the expenditure of funds are:

(1) Directly related to capital improvements, dredging for project development in the immediate vicinity of an existing inland port, economic development of an inland port facility, or the rebuilding or rehabilitation of basic waterway and port infrastructure;

(2) For a project or use directly related to intermodal infrastructure development;

(3) For a purpose outside the normal operating budget of an inland port or intermodal infrastructure facility or a river-related community; or

(4) For purpose of assessment or planning.

(c) Funding shall not be approved for routine maintenance, administrative, and operational expenses, or for the dredging of waterways within the state that are not in the immediate vicinity of an inland port facility. Additionally, the use of funding to establish or construct new inland ports, or to acquire land for new inland ports, shall not be eligible for funding unless a feasibility study and competitive analysis have been conducted and submitted for review to the department.
Ala. Code § 41-16-80 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-80
Section 41-16-80 Legislative Findings
Status: in_force

The Legislature of Alabama finds and declares that information currently available to the public does not include the disclosure of all persons who for the purpose of financial gain submit a proposal, bid, contract, or grant proposal to the State of Alabama.
Ala. Code § 41-4-203 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-203
Section 41-4-203 Chief of Legal Division - Advice and Opinions; Appearance in Financial Litigation
Status: in_force

The chief of the legal division shall confer with and advise the Director of Finance and any and all of the subordinate officers and employees of the Department of Finance on all legal matters pertaining to said department. He or she shall furnish either verbal or written opinions, when requested by the Director of Finance, on legal questions pertaining to said department, but such opinions shall not have the force and effect of official opinions of the Attorney General unless approved by the Attorney General. He or she shall appear for the state in all litigation, both civil and criminal, affecting the Department of Finance, when authorized to do so by the Director of Finance and the Attorney General.
Ala. Code § 41-10-391 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-391
Section 41-10-391 Legislative Findings of Fact and Declaration of Intent; Construction of Article
Status: in_force

The Legislature hereby makes the following findings of fact and declares its intent to be: Supercomputer technology is expected to have a significant impact on the research capabilities of research institutions, governmental agencies, and private industries. The police power of the state authorizes the state to promote the prosperity and general welfare of its citizens. The development of supercomputer technology will greatly enhance research capabilities of the state’s major research institutions and governmental agencies, and will attract industry to the state. For these reasons, it is the intent of the Legislature by the passage of this article to exercise its police power to authorize the incorporation by the Governor, the Director of Finance, the Secretary of the Alabama Department of Commerce, the Lieutenant Governor, and the Speaker of the House, of a public corporation for the purpose of planning, acquiring, developing, administering, and operating a statewide supercomputer and related telecommunications system, and to vest such corporation with all powers, authorities, rights, privileges, and titles that may be necessary to enable it to accomplish such purpose. This article shall be liberally construed in conformity with the purpose expressed.

It shall be the duty of the authority to establish, administer, and operate such supercomputer system for the primary purpose of providing state-of-the-art technology in supercomputer processing for scientific research and development to governmental agencies, educational institutions, private-sector businesses, and industries.
Ala. Code § 41-10-80 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-80
Section 41-10-80 Short Title
Status: in_force

This article shall be known and may be cited as the State Products Mart and Coliseum Authority Act.
Ala. Code § 41-8-20 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-20
Section 41-8-20 “State Library Agency” Defined
Status: in_force

As used in the compact, “state library agency” with reference to this state means the Alabama Public Library Service.
Ala. Code § 41-6-103 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-103
Section 41-6-103 Composition of Board
Status: in_force

The board shall be composed of the AHRC, who shall serve as chair of the board, and 15 members selected as representatives, one from each of the following organizations in accordance with the provisions of each organization’s articles of incorporation, bylaws, or procedures:

(1) The Association of County Commissions of Alabama.

(2) The Alabama Genealogical Society.

(3) The Alabama Historical Association.

(4) The Alabama League of Municipalities.

(5) The Alabama Library Association.

(6) The Alabama Press Association.

(7) The Black Heritage Council.

(8) The Alabama Circuit Clerks Association.

(9) The Alabama Association of Municipal Clerks and Administrators.

(10) The Network of Alabama Academic Libraries.

(11) The Probate Judges Association.

(12) The Society of Alabama Archivists.

(13) The Sons of Confederate Veterans.

(14) The United Daughters of the Confederacy.

(15) The Birmingham Civil Rights Institute.
Ala. Code § 41-9-1082 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1082
Section 41-9-1082 Operation; Supervision and Oversight
Status: in_force

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-282.
Ala. Code § 41-9-651 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-651
Section 41-9-651 Use of Criminal History Information by Judge of Probate
Status: in_force

Subject to the rules of the commission, ALEA may provide criminal history information to a judge of probate for the purpose of name changes, adoption hearings, determinations of eligibility of administrators or executors of estates, or any other lawful purpose.
Ala. Code § 41-10-327 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-327
Section 41-10-327 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 uses 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 § 41-10-640 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-640
Section 41-10-640 Alabama Construction Recruitment Institute - Application
Status: in_force

Transferred to §41-10-723 by Act 2010-220, p. 365, §3, effective March 22, 2010.
Ala. Code § 41-9-344 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-344
Section 41-9-344 Executive Director
Status: in_force

The commission may employ an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly to the commission for the general supervision, promotion, and development of the battleship and of the state memorial park. The commission shall fix his or her compensation, the same to be paid from the funds of the commission and shall further designate his or her duties and authority.
Ala. Code § 41-10-44.15 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.15
Section 41-10-44.15 Earnings of the Authority
Status: in_force

The authority is a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation.
Ala. Code § 41-10-888 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-888
Section 41-10-888 Report to Legislature
Status: in_force

Prior to each legislative session beginning in 2026, the corporation shall submit an annual report to the Legislature detailing the corporation’s efforts to accomplish the goals pursuant to this article.
Ala. Code § 41-29-506 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-506
Section 41-29-506 Revenues of the Authority
Status: in_force

For the purpose of providing funds to enable the authority to pay at their respective maturities the principal of and interest on any bonds issued by it under the provisions of this article and to accomplish the objects of this article, there are hereby irrevocably pledged to such purpose and there are hereby appropriated so much as may be necessary for such purpose of: (a) the residue of the receipts from the tax levied by Sections 40-25-2 and 40-25-41 after there shall have been taken therefrom the amount necessary for the purposes specified in Section 40-25-23(1)b.1., as in existence prior to the effective date of Act 91-635; and (b) any other revenues or receipts dedicated to the payment of bonds of the authority, issued by it under the provisions of Act 91-635 or any subsequent authorizing legislation. All moneys hereby appropriated and pledged shall constitute a sinking fund for the purpose of paying the principal of and the interest on the bonds herein authorized.
Ala. Code § 41-27-44 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-44
Section 41-27-44 Finality of Penalty; Failure to Pay
Status: in_force

If after a hearing, a person is found to be driving a motor vehicle in violation of the Mandatory Motor Vehicle Liability Insurance Law, the civil penalty shall be final. If the civil penalty is not paid within 15 days, the person’s driver’s license shall be suspended for 90 days.
Ala. Code § 41-10-270 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-270
Section 41-10-270 Use of Proceeds from Sale of Bonds
Status: in_force

All proceeds derived from the sale of any bonds (except refunding bonds) by the authority remaining after payment of the expenses of issuance thereof shall be turned over to the State Treasurer, shall be carried in a special account of the State Treasury to the credit of the authority, and shall be subject to be drawn on by the authority solely for the purposes of funding any required reserve fund, acquiring, constructing, installing and equipping judicial facilities, and paying all reasonable and necessary expenses incidental thereto, including interest which shall accrue on said bonds during the construction of said judicial facilities. Any balance of said proceeds thereafter remaining shall, upon completion of said judicial facilities and the payment of all costs in connection therewith, be used for the redemption of bonds of the authority at the earliest permissible date.
Ala. Code § 41-9-873 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-873
Section 41-9-873 Expenditure of Appropriations and Donated Funds
Status: in_force

The board may spend all appropriations of public money made for the use of the board and may expend funds donated or contributed for its use.
Ala. Code § 41-10-475 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-475
Section 41-10-475 Presumption of Validity of Bonds and Publication of Notice Thereof
Status: in_force

Any resolution authorizing any bonds hereunder 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. Upon the passage 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 in each of two consecutive weeks in a newspaper published and having general circulation in the City of Montgomery a notice in substantially the following form (the blanks being first properly filled in):

“Alabama Building Renovation Finance Authority, a public corporation and agency of the State of Alabama, on the _____ day of _____, _____, adopted a resolution providing for the issuance of ________ dollars principal amount of bonds of said authority. Any 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 under which said bonds, pledge, and agreements were authorized, must be commenced within 20 days after the first publication of this notice.

Alabama Building Renovation Finance Authority

By ________________________________________________ Its President”

Any 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 any pledge or agreement made therefor, must be commenced within 20 days after the first publication of said notice. After the expiration of 20 days following such first publication, no right of action founded upon questioning or challenging in any way the validity of the resolution or other proceedings, if any, or of the bonds, or of the pledge and agreements, shall be asserted. In the event of such publication the validity of such resolution, proceedings, bonds, pledge, and agreements shall not be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period. Any such action and any action to protect or enforce any rights under the provisions of this article shall be brought in the Circuit Court of Montgomery County.
Ala. Code § 41-10-24 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-24
Section 41-10-24 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

(a) When the application has been made, filed and recorded as provided in this article, the applicants shall constitute a corporation under the name proposed in the application, and 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.

(b) There shall be no fees paid to the Secretary of State for any service rendered or work performed in connection with the authority, its incorporation, dissolution, or records.
Ala. Code § 41-23-214 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-214
Section 41-23-214 Alabama Rural Broadband Oversight Committee
Status: in_force

(a) There is created the Alabama Rural Broadband Oversight Committee. The oversight committee shall consist of the Chair of the House Ways and Means Education Committee or his or her designee, the Chair of the Senate Finance and Taxation Education Committee or his or her designee, two members appointed by the Speaker of the House of Representatives, two members appointed by the President Pro Tempore of the Senate, and the Director of ADECA or his or her designee. The oversight committee shall meet at least annually, provide general oversight of the implementation of the article, and recommend further statutory changes to promote rural broadband development.

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

(c) For any year in which grants are distributed under the program, ADECA shall produce a report on the status of grants under the program to the oversight committee, including progress toward increased access to and adoption of broadband services. The report shall be provided at the oversight committee’s first meeting of the year and be published on ADECA’s website. ADECA shall provide a copy of the report to the Governor, the Alabama Senate President Pro Tempore, the Alabama Senate Minority Leader, the Speaker of the Alabama House of Representatives, and the Alabama House of Representatives Minority Leader. By March 28, 2019, ADECA shall produce a report on the availability of broadband within the state.
Ala. Code § 41-9-84 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-84
Section 41-9-84 Action to Defeat Division Purpose Null and Void
Status: reserved

Repealed by Act 2019-538, § 1, effective June 10, 2019.
Ala. Code § 41-9-950 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-950
Section 41-9-950 Creation; Composition; Terms; Removal
Status: in_force

(a) The Tuskegee Airmen Commission is created to consist of 18 members. The members shall be appointed by the Governor, with at least three of the members being residents of Macon County as recommended by the legislative delegation and at least two of the original board members being Tuskegee Airmen.

(1) Three members appointed by the Governor from a list of six nominees submitted by the Speaker of the House of Representatives with one member recommended by the member of the House of Representatives from the district in which the commission is located. The Governor shall make the appointments from the list within 10 days of the submission of the list or may ask for a new list of nominees.

(2) Three members appointed by the Governor from a list of six nominees submitted by the Presiding Officer of the Senate with one member recommended by the member of the Senate from the district in which the commission is located. The Governor shall make the appointments from the list within 10 days of the submission of the list or may ask for a new list of nominees.

(3) Three members appointed by the Board of Trustees of Tuskegee University.

(4) Nine members appointed by the Governor.

(b) The terms of the members of the first commission shall be four years for nine members and eight years for the remaining nine members. After the expiration of the terms of the initial members, all members shall be appointed for terms of eight years.

(c) Any member of the commission may be removed by the Governor for cause, and vacancies in the commission shall be filled by the Governor by appointment of a competent and qualified person for the unexpired term.
Ala. Code § 41-10-45.2 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-45.2
Section 41-10-45.2 Fund Created; Project Obligations
Status: in_force

(a) There is created the Accelerate Alabama Fund, which may consist of monies appropriated or otherwise made available by the Legislature in any manner, proceeds of project obligations issued by the authority, and monies from any other source designated for deposit into such fund, but not including monies subject to a constitutional designation for some other purpose. Unexpended amounts remaining in the fund at the end of each fiscal year of the state shall not lapse into the State General Fund. Any investment earnings or interest earned on amounts in the fund and all loan payments of principal and/or interest shall be deposited to the credit of the fund.

(b) In addition to the purposes for which the authority may issue project obligations, the authority is hereby authorized to issue project obligations to provide money for the fund. Project obligations shall be issued as provided in Section 41-10-44.6, subject, however, to the following:

(1) Project obligations may also be payable solely from revenues and receipts of the authority derived from a targeted county financing agreement, from any other source described in Section 41-10-45.4(a), or from any combination thereof; and

(2) Project obligations may be secured by a pledge of, or security interest in, any revenues, collateral, or other security described in Section 41-10-45.4(a), from any other source permitted by law, or from any combination thereof.

(c) In addition to the purposes for which the authority may use the proceeds of project obligations pursuant to Section 41-10-44.7, the proceeds of project obligations issued to provide money for the fund remaining after adequate provision for the payment of the expenses of issuance may be deposited in the fund and used as provided in this article.

(d) In addition to the purposes for which the authority may refund project obligations pursuant to Section 41-10-44.10, the authority may issue project obligations to refund project obligations issued to provide money for the fund. Refunding project obligations shall be issued as provided in Section 41-10-44.10, subject, however, to the following:

(1) Refunding project obligations may also be payable solely from revenues and receipts of the authority derived from a targeted county financing agreement, from any other source described in Section 41-10-45.4(a), or from any combination thereof; and

(2) Refunding project obligations may be secured by a pledge of, or security interest in, any revenues, collateral or other security described in Section 41-10-45.4(a), from any other source permitted by law, or from any combination thereof.
Ala. Code § 41-9-293 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-293
Section 41-9-293 Management Plan; Rules and Regulations
Status: in_force

(a) The commission, in coordination with the Department of Conservation and Natural Resources, shall develop and implement a management plan for cultural resources. The commission may appoint an advisory committee to assist the commission in the development and implementation of a management plan for cultural resources, and to advise the commission with respect to needed rules or regulations. The commission, in coordination with the Department of Conservation and Natural Resources, may promulgate, in accordance with the state Administrative Procedure Act and in the best interest of the state, any rule or regulation necessary to implement this division; provided however, that the rules and regulations shall be subject to the approval of the director of the commission and the Commissioner of Conservation and Natural Resources. The rules and regulations shall have the force and effect of law.

(b) These regulations shall include, but not be limited to, any of the following:

(1) The classification of historic maritime and submerged resources.

(2) Contracting or permitting for various activities.

(3) Establishing a repository or repositories for holding the ships, artifacts, treasure troves, or other cultural artifacts and materials recovered in the areas stipulated in this division.

(4) Methods of enforcement of this division and rules and regulations promulgated hereunder.
Ala. Code § 41-9-806 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-806
Section 41-9-806 Powers of Commission
Status: in_force

The commission shall be authorized:

(1) To investigate and select available sites for housing historic exhibits, including the surrounding grounds, with such state, federal, or local agencies and governments and private individuals, corporations, associations, or other organizations as may be involved, taking into consideration all pertinent factors affecting the suitability of such sites; to acquire, transport, renovate, maintain, and exhibit appropriate and suitable military or historic units, articles, exhibits and attractions; to have full, complete and exclusive jurisdiction over the sites and any related exhibits;

(2) To promote tourism throughout the Cahaba Valley by attending travel shows; issuing news releases, calendars of events and newsletters; publishing brochures and pamphlets; constructing mobile travel exhibits; producing films and other visual presentations as may be necessary; and advertising in magazines and/or newspapers;

(3) To acquire by rent or lease agreement or otherwise the necessary housing facilities; and to establish, improve and enlarge available facilities, including providing them with necessary equipment, furnishings, landscaping and related facilities, including parking areas and ramps, roadways, sewers, curbs, and gutters;

(4) To enter into such contracts and cooperative agreements with the local, state, and federal governments, with agencies of such governments, with private individuals, corporations, associations, and other organizations as the commission may deem necessary or convenient to carry out the purposes of the commission with such contracts and agreements to include leases to private industry;

(5) To borrow money from private sources, the state emergency fund or such other source as may be acceptable to the commission under such terms and conditions as may be provided by law, and, in order to provide security for the repayment of any such private loans, the commission shall have the authority to pledge such future revenues from admissions and any other sources as may from time to time be necessary or desirable;

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

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

(8) To accept public or private gifts, grants, and donations;

(9) To acquire property by purchase, lease, gift, or license; and to dispose of any property of the commission when, in the opinion of the commission, such disposition is deemed expedient;

(10) To allocate and expend funds from all donations, income and revenue from any source whatsoever coming into its treasury for the fulfillment and accomplishment of its duties and responsibilities in such manner as may be necessary and appropriate for the perfection of the purposes of this article;

(11) To sell, convey, transfer, lease, or donate any property, franchise, grant, easement, license, or lease or interest therein which it may own, and to transfer, assign, sell, convey, or donate any right, title, or interest which it may have in any lease, contract, agreement, license, or property;

(12) To hire such laborers, artisans, caretakers, technicians, stenographers and administrative employees, and supervisory and professional personnel as may be necessary or advisable for the carrying out in the most efficient and beneficial manner of the purposes and provisions of the commission;

(13) To employ an executive director who shall serve at the pleasure of the commission, who shall be responsible directly to the commission, whose compensation shall be fixed by the commission, whose duties and authority shall be designated by the commission and who shall be paid from funds of the commission;

(14) To make such rules and regulations as the commission may deem necessary and desirable to provide for the operation, management, and control of its facilities; and

(15) To perform such other acts necessary or incidental to the accomplishment of the purposes of the commission, whether or not specifically authorized in this section, and not otherwise prohibited by law.

The commission shall constitute a public body corporate and shall have, in addition to those powers set forth specifically in this section, all powers necessary or convenient to effect the purposes for which it has been established, together with all powers incidental thereto or necessary to the discharge of its said powers and duties.
Ala. Code § 41-9-928 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-928
Section 41-9-928 Property Rights
Status: in_force

The board may sell, convey, transfer, lease, or donate any property, franchise, grant, easement, license, or lease or interest therein which it may own and to transfer, assign, sell, convey, or donate any right, title, or interest which it may have in any lease, contract, agreement, license, or property.
Ala. Code § 41-22-22 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-22
Section 41-22-22 Joint Committee on Administrative Rule Review
Status: in_force

The committee shall review all agency rules prior to their adoption. The committee shall have full access to all resources of the legislative department and all agencies thereof when conducting its review. For purposes of conducting business, six members of the committee, to include a minimum of three members of the House of Representatives and three members of the Senate, shall constitute a quorum.
Ala. Code § 41-22-6 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-6
Section 41-22-6 Designation and Duties of Agency Secretaries; Effective Dates of Rules
Status: in_force

(a) Each agency shall have an officer designated as its secretary and shall file in the office of the secretary of the agency a certified copy of each rule adopted by it, including all rules existing on October 1, 1981. Each rule adopted, whether the original or a revision, and all copies thereof, shall have the name or names of the author or authors, respectively, on its face. The secretary of the agency shall keep a permanent register of the rules open to public inspection.

(b) The secretary of each agency shall file in the office of the Legislative Services Agency, Legal Division, no later than 15 days after the filing with the secretary of the agency and within 90 days after completion of the notice, in a form and manner prescribed by the Legislative Services Agency, Legal Division, a certified copy of each rule adopted by it. If the agency was required to prepare a business impact analysis pursuant to subsection (c) of Section 41-22-5.1, the agency shall file the business impact analysis at the same time as the certified rule. As used in this section, “completion of notice” means the end of the notice period specified pursuant to subdivision (1) of subsection (a) of Section 41-22-5. A rule that is not filed with the Legislative Services Agency, Legal Division, within the time limits prescribed in this subsection is invalid. If the agency was required to prepare a business impact analysis and either fails to prepare the analysis or fails to file a copy of the analysis with the certified rule within the time limits specified in this section, the rule is invalid. The Legislative Services Agency, Legal Division, shall keep a permanent register of the rules open to public inspection.

(c) Each rule adopted is effective 45 days after a notice is published in the Alabama Administrative Monthly that the certified rule and, if required pursuant to subsection (c) of Section 41-22-5.1, the business impact analysis, has been filed with the Legislative Services Agency, Legal Division, unless it is any of the following:

(1) A rule for which a later date is required by statute or specified in the rule.

(2) A rule for which an earlier date is required by statute.

(3) An emergency rule adopted pursuant to subsection (b) of Section 41-22-5.

(4) A rule which the committee disapproves of or proposes an amendment for pursuant to Section 41-22-23.

(5) A rule that takes effect upon adjournment of the next legislative session following the completion of the appeal process as set forth in Section 41-22-23, if the Legislature fails to take action to disapprove the rule after approval by the Lieutenant Governor.

(d) The Legislative Services Agency, Legal Division, shall publish notice that a certified rule has been filed in its office no later than the next month after the certified rule is filed.
Ala. Code § 41-10-804 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-804
Section 41-10-804 Powers of the Board
Status: in_force

(a) The board shall have all of the powers necessary to carry out and effectuate the purposes of this article. The foregoing sentence shall be construed broadly, so that the failure to state a power of the board shall not be considered a limitation upon the board, so long as the board shall find that the power is necessary to allow the board to fulfill the purpose of the corporation, as provided by this article. In the event that the board should determine to add one or more powers, they may do so by amending their application of formation. Without limiting the generality of the foregoing, the board shall have and exercise all of the following powers:

(1) Recognize that the economy of today will not exist tomorrow and implement policies that help this state, and residents of this state, embrace that future.

(2) Take actions to make this state a hub for technology, innovation, and entrepreneurship by partnering with the private sector, state agencies, and state policy makers to develop and implement programs and policies that will lead to a more robust and inclusive economy for this state.

(3) Support, financially and otherwise, the establishment or growth, or both, of all of the following:

a. Marketing and branding the state including, but not limited to, the state’s business climate, the state’s tax rates and structures, the state’s innovation-focused incentives and abatements, the state’s business related programs, and the state’s innovation and entrepreneurial ecosystems.

b. Pursuing and supporting commercialization, entrepreneurship, research and development, and technology transfer facilities, funding, incentives, partnerships, events and programs , including, but not limited to, all of the following:

1. Creating, operating, and supporting accelerator or similar programs , including, but not limited to, university and corporate focused accelerator or similar programs.

2. Developing programming, incubators, and accelerators that serve this state’s startups and their founders, and disseminating both in person and online.

3. Creating, operating, and supporting industry focused research and development centers established by public universities in collaboration with existing industry in Alabama.

c. Incentivizing and providing funding to innovative businesses or programs that support innovation in this state’s economy , including, but not limited to, the following:

1. Assisting recipients of Small Business Innovation Research and Small Business Technology Transfer Research funding.

2. Encouraging pre-seed, seed, venture capital, and private equity funding activity in this state.

3. Supporting community development financial institutions that serve residents of this state.

4. Supporting qualified STEM teachers and technology staff teaching and working in rural or otherwise under-performing or under-resourced schools in this state.

d. Engaging in rural initiatives that support innovation , including, but not limited to, the creation, operation, and support of entrepreneurial centers, and marketing rural quality of life and recreational opportunities.

e. Creating, operating, and supporting research and development of a 21st-Century transportation system that reflects emerging technologies and multi-modal concepts.

f. Attracting, recruiting, and retaining skilled workers, STEM workers, and other in-state and out-of-state two-year and four-year college, university, and community college graduates, and engaging in other innovation focused workforce development activities.

g. Supporting businesses owned or led, or both, by aspiring Alabamians.

h. Supporting businesses headquartered in census tracts that satisfy the definition of low-income communities found in 26 U.S.C. § 45D(e) as those communities were identified as of January 1, 2015, or in such a community identified thereafter .

(4) Adopt, alter, and repeal bylaws for the regulation and conduct of the corporation’s affairs and business, and for the implementation of this article.

(5) Take actions as may be necessary or convenient to accomplish any purpose of the corporation, or to exercise any power of the corporation.

(6) Make and enter into contracts, leases, and agreements, and take other actions as in its judgment may be necessary or desirable to accomplish any purpose, and to exercise any power necessary for the accomplishment of the purposes of the corporation or incidental to the powers expressly set forth in this article.

(7) Appoint, employ, and contract with employees, agents, advisors, consultants, and service providers , including, but not limited to, attorneys, accountants, financial experts, and other advisors, consultants, and agents as in its judgment may be necessary or desirable to accomplish any purpose of the corporation or incidental to the powers expressly set forth in this article, and to fix the compensation of those persons.

(8) Manage, invest, and expend capital from the fund, as provided in Section 41-10-806, and to provide for the indemnification of directors.

(9) Use the financial resources of the corporation to purchase, lease, or otherwise acquire real and personal property, and to use, develop, operate, lease, or convey those properties, as in its judgment may be necessary or desirable to accomplish any purpose of the corporation or incidental to the powers expressly set forth in this article.

(10) Lend its credit to, or grant public monies and things of value in aid of or to, any individual, firm, corporation, or other business entity, public or private, as in its judgment may be necessary or desirable to accomplish any purpose of the corporation or incidental to the powers expressly set forth in this article.

(11) Promote and solicit taxpayer donations for tax credits that promote innovation in the state.

(12) Take any action necessary to exercise its rights or fulfill its obligations relevant to the corporation under state law.

(b) The board shall create an advisory committee which shall provide information and make recommendations to the board concerning the implementation of this article. The advisory committee shall have no legal authority or other responsibility over the actions of the corporation. The board shall coordinate its appointments to assure the advisory committee membership is inclusive and reflects the racial, gender, geographic , urban, rural, and economic diversity of the state. The members of the advisory committee shall serve at the pleasure of the board. The board shall appoint one member of the advisory committee to serve as the chair of the advisory committee, and meetings of the advisory committee may be called by its chair or by the board. Members of the advisory committee may participate in a meeting of the committee in person, by means of telephone conference, video conference, or other similar communications equipment so that all individuals participating in the meeting may hear each other at the same time. Participation by any such means shall constitute presence in person at a meeting for all purposes, including for purposes of establishing a quorum, and the affirmative vote of a majority of the members in attendance shall be necessary for any action of the advisory committee. The committee and its members shall not be subject to Chapter 25 or 25A of Title 36 nor Section 36-12-40.

(c) The board may enter into agreements with one or more economic development and innovation entities to exercise all powers of the corporation, if the agreement does both of the following:

(1) Requires regular reporting to the corporation by the economic development and innovation entity.

(2) Allows for the overhead costs of the economic development and innovation entity to be reimbursed or otherwise paid only if directly related to the fulfillment of the agreement, as determined by the corporation.

(d)(1) The board may make, enter into, and execute contracts, agreements, and other instruments with, accept aid and grants from, and cooperate with, any other person or entity , including, but not limited to, all of the following:

a. The United States of America, the state, or any agency, instrumentality, or political subdivision of either.

b. For-profit or nonprofit private entities.

c. Public bodies, departments, or authorities , including, but not limited to, the executive departments of the state, to act on behalf of the board in carrying out functions which the board determines are consistent with the corporation’s powers.

(2) Without limiting the foregoing, the corporation may enter into an agreement with the Alabama Department of Economic and Community Affairs pursuant to which the corporation may exercise all rights, powers, and obligations of the department relating to opportunity funds under Sections 40-18-6.1 and 41-10-46.01. Project agreements under Section 40-18-6.1, shall not be required to comply with Section 40-18-6.1(c). Project agreements under Sections 40-18-6.1 and 41-10-46.01 include investments in qualified opportunity zones as defined in 26 U.S.C. § 1400Z-1 and low-income communities as defined in 26 U.S.C. § 45D(e) as those communities were identified as of January 1, 2015, or in such a community identified thereafter .

(e) The corporation shall be, and shall operate as, a public corporation and shall have a legal existence separate and apart from the state and any county, municipality, or political subdivision.

(f) Members of the board shall be subject to Chapter 25 of Title 36, but the corporation shall not be deemed to have statewide jurisdiction for purposes of Section 36-25-14. For the purposes of Chapter 25 of Title 36, the corporation shall not be deemed a business, and a public official or public employee holding a position with the corporation is not precluded from taking official actions affecting the corporation so long as there is no impermissible personal gain. The board shall be subject to Chapter 25A of Title 36.
Ala. Code § 41-4-144 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-144
Section 41-4-144 Contract Periods; Renewal or Extension Provisions
Status: in_force

(a) Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time that is in the best interests of the state, so long as the terms of the contract and the conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal year at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds.

(b) A multi-year contract may be used when the estimated requirements cover the period of the contract and are reasonably firm and continuing, and the contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement.

(c) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract. The cost of cancellation may be paid from any appropriations available for that purpose.
Ala. Code § 41-10-841 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-841
Section 41-10-841 Definitions
Status: in_force

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

(1) ACCELERATOR. A company that, for a fixed term, educates and mentors early-stage technology companies recruited to a location in Alabama with the goal of accelerating the company’s development and growth.

(2) ECONOMIC DEVELOPMENT ORGANIZATION. A local economic development organization or a state economic development organization.

(3) INNOVATE ALABAMA. The Alabama Innovation Corporation created by Section 41-10-802.

(4) INNOVATING ALABAMA TAX CREDIT. The tax credit provided for in subsection (a) of Section 41-10-844.

(5) LOCAL ECONOMIC DEVELOPMENT ORGANIZATION. An organization that is determined by Innovate Alabama to meet both of the following criteria:

a. Is an Alabama entity not operating for profit, including, but not limited to, a municipality or county, an industrial board or authority, a chamber of commerce, or some other foundation or Alabama nonprofit corporation charged with improving a community or region of the state.

b. Has a record of supporting or otherwise participating in economic development in some part of the state.

(6) STATE ECONOMIC DEVELOPMENT ORGANIZATION. An organization that is determined by Innovate Alabama to be an Alabama entity not operating for profit which is charged with improving the state or a region of the state and has a record of supporting or otherwise participating in economic development in the state.
Ala. Code § 41-23-275 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-275
Section 41-23-275 Applicability of Code of Ethics
Status: in_force

Members of the authority, the division chief, and employees of the division shall be subject to Chapter 25 of Title 36.
Ala. Code § 41-9-352 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-352
Section 41-9-352 Authority for Issuance and Sale of Revenue Bonds; Form, Terms, Denomination, Etc., Generally; Sale; Redemption; Payment of Principal and Interest on Bonds and Security Therefor
Status: in_force

The commission shall have the power and authority to issue and sell at any time and from time to time its revenue bonds for the purpose of providing funds to acquire, transport, outfit, renovate, maintain, improve, and berth the Battleship USS Alabama and to construct, improve, enlarge, complete, maintain, operate, and equip the memorial park established in this article and for the payment of obligations incurred for such purpose or purposes; provided, however, that the first proceeds from the first revenue bonds issued under this section shall be used to repay the loan received from the Alabama State Port Authority.

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

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

Bonds of the commission may be sold at either public or private sale in such manner and at such time or times as may be determined by the commission to be most advantageous to it.

Bonds issued by the commission shall not be obligations of the State of Alabama but shall be payable solely out of the revenue derived from the park project in respect of which such bonds are issued. The principal of and the interest on the bonds shall be secured by a pledge of the revenues out of which the bonds shall be payable and by a pledge of the rentals or leases from any concessions granted by the commission and may be secured by nonforeclosable indenture covering the park project.
Ala. Code § 41-19-6 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-6
Section 41-19-6 Program and Financial Information to Be Submitted to Department of Finance by Agencies/Departments; Preparation of Information by Department of Finance Upon Failure of Agencies/Departments to Transmit Same; Compilation and Submission to Governor of Summary of Information
Status: in_force

(a) Each state agency/department, on the date and in the form and content prescribed by the Department of Finance, shall prepare and forward to the Budget Officer the following program and financial information:

(1) The goals and objectives of the agency/department programs, together with proposed supplements, deletions, and revisions to such programs;

(2) Its proposed plans to implement the goals and objectives, including estimates of future service needs, planned methods of administration, proposed modification of existing program services and establishment of new program services, and the estimated resources needed to carry out the proposed plan;

(3) The budget requested to carry out its proposed plans in the succeeding fiscal year. The budget request information shall include the expenditures during the last fiscal year, those estimated for the current fiscal year, those proposed for the succeeding fiscal year, and any other information requested by the Department of Finance;

(4) A report of the revenues during the last fiscal year, an estimate of the revenues during the current fiscal year and an estimate for the succeeding fiscal year;

(5) A statement of legislation required to implement the proposed programs and financial plans; and

(6) An evaluation of the advantages and disadvantages of specific alternatives to existing or proposed program policies or administrative methods.

(b) The state agency/department proposals prepared under subsection (a) of this section shall describe the relationships of their programs services to those of other state agencies/departments and other branches of state government.

(c) If any state agency/department fails to transmit the program and financial information required under subsection (a) of this section on the specified date, the Department of Finance may prepare such information.

(d) The Department of Finance shall compile and submit to the Governor or the Governor-elect for any year when a new Governor has been elected, not later than November 20, a summary of the program and financial information prepared by state agencies/departments.
Ala. Code § 41-16-123 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-123
Section 41-16-123 Provisions Applicable to Certain Property Held by Division
Status: in_force

This section shall apply only to that property that has been held by the division for a period of not less than 60 days from the date the property is first published in the list of surplus property, as set out in subsection (b) of Section 41-16-121, and not purchased by any eligible entity as set out in subsection (e) of Section 41-16-120 as follows:

(1) All contracts made by or on behalf of the State of Alabama or a department, board, bureau, commission, institution, corporation, or agency thereof, of whatever nature for the sale or disposal of tangible personal property owned by the State of Alabama, other than the following:

a. Alcoholic beverages.

b. Products of the Alabama Institute for Deaf and Blind.

c. Barter arrangements of the state prison system.

d. Books.

e. School supplies.

f. Food.

g. Property used in vocational projects.

h. Livestock.

i. Property owned by any state college or university, including those state two-year colleges under the control of the Board of Education of the State of Alabama, which has market value or which has trade-in value which may be credited against the cost of replacement property purchased in accordance with the Alabama competitive bid laws. For property owned by those state two-year colleges under control of the State Board of Education, the college shall file with the Chancellor of the Postsecondary Education Department, on forms provided by the Chancellor, a list of the property to be sold, the auctioneer to be used, the place the property will be sold, and when and where the property will be advertised pursuant to state law. After the sale, the college shall file a report with the Chancellor stating the property sold at auction, the price paid for each piece of property, the amount received from sale of each piece of property, the account to which auction receipts were deposited, a copy of the advertisement, and the commission paid to the auctioneer.

j. Types of property, the disposal of which is otherwise provided for by law or which, by nature, are incapable of sale by auction or bid, shall be let by free and open competitive public auction or sealed bids. This subsection shall not be construed to prevent disposal by the division of property owned by a state college or university should there be an agreement between the division and the respective college or university for the disposal by free and open competitive public auction or sealed bids as described in this subsection.

k. Alabama State Port Authority surplus property.

l. Surplus personal computers may be designated as scrap by the division. The division is hereby authorized to sell by sealed bid property designated as scrap at such intervals as deemed necessary by the division.

m. Surplus property of the Alabama Space Science Exhibit Commission and of the Alabama Space Science Exhibit Finance Authority.

(2) Every proposal to make a sale covered by this section shall be advertised for at least two weeks in advance of the date fixed for receiving bids. The advertisement shall appear at least once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be made, and a copy of the proposal shall simultaneously be posted on a readily accessible public bulletin board at the main office of the director of the division. Advertisements for bids shall state the item or items to be sold, by class and description, where the property is located and the dates, time, and place the property may be inspected. The advertisements shall further state the date, time, and place of auction or opening of sealed bids, and no bid shall be received at any time after the time advertised.

(3) The bids shall be publicly taken or opened, in case of sealed bids, by the director of the division and all bidders shall be entitled to be present in person or by representative.

(4) The award of the contract shall be made to the successful bidder within 72 hours after taking of the bids.

(5) The bid of the successful bidder so marked, as well as the bids of the unsuccessful bidders in the case of sealed bids, shall be placed on file open to public inspection and shall become matters of public record.

(6) If a successful bidder shall fail to accept award of a contract, then he or she shall be prohibited from bidding at any sale held by the division unless reinstated by the director.

(7) The director of the division may sell all items by lot or by individual item, whichever method, in his or her opinion, will bring the highest return for the items advertised.

(8) In the event all bids received are less than the estimated market value of the property, the director of the division may reject all bids and readvertise and rebid.

(9) Nothing herein shall be construed to prevent the director of the division from contracting with the highest bidder for any type of property to sell to that bidder all of that type of property at his or her bid price during that fiscal year providing that arrangement was included in the initial request for bids.

(10) All property advertised pursuant to this section shall be available for inspection during the normal state office hours and at whatever place advertised for at least 48 hours prior to sale.

(11) All property sold pursuant to this section shall be paid for by the purchaser or his or her representative by cashier’s check, bank draft, certified check, U.S. currency, or notarized bank letter stating that the holder may purchase surplus property and also stating a maximum amount, at the time of acceptance of bid and award of contract, and the removal shall be not later than seven business days after the awarding of the contract and the time limit of seven days shall not be applicable to sales of standing timber.

(12) All proceeds from sales made pursuant to this section shall be paid into the State Treasury or other legally authorized depositary to be credited to the proper fund as set out in subsection (c) of Section 41-16-122 prior to final distribution as set out in subdivision (16) of this section.

(13) No officer or employee of the State of Alabama or any of its departments, boards, bureaus, commissions, institutions, corporations, or agencies shall act as agent for any bidder and the officers or employees shall not be excluded from bidding on or purchasing state property at public sale or sealed bid.

(14) Any sale of tangible personal property or standing timber of the state made in violation of the terms of this article shall be null and void, and the person or persons responsible for the violation shall be subject to liquidated damages of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), which may be recovered for the State of Alabama by the Attorney General by civil action in the Circuit Court of Montgomery County. Any moneys recovered by the Attorney General under this section shall be equally divided between the office of the Attorney General and the State General Fund.

(15) The provisions of this article shall not apply to the sale of diseased, storm, or fire-damaged timber, to timber cut on rights-of-way or easements, or to the sale of timber cut for safety, maintenance, or construction purposes at any state park or state-owned public fishing lake under the jurisdiction of the Department of Conservation and Natural Resources. The timber may be sold or otherwise disposed of in a manner the Commissioner of Conservation and Natural Resources deems in the best interest of the state and no sale of diseased timber shall be made until the State Forester shall certify that the timber is diseased, and the certification shall be in written form and filed with the Director of Finance.

(16) Whenever any surplus property that was purchased with either earmarked state funds or restricted federal funds is sold by the division, the proceeds from the sale, less administrative expenses, shall be deposited to the credit of the specific fund of the state department, commission, or agency from which the original purchase of the property was made within 30 days from receipt of the proceeds. If the source of the original purchase of the property was a General Fund appropriation, then the sale proceeds, less any administrative fee, as set out in the rules authorized to be promulgated by the division, shall be credited to the account from which it was purchased. In no event shall the administrative fee exceed 30 percent of the gross sale price.

(17) All educational and eleemosynary institutions, not exempted in subdivision (1) of this section, governed by a board of trustees or other similar governing body, and the Department of Mental Health shall be governed by the provisions of this article.

(18) Violation of the provisions of this article shall constitute a Class B misdemeanor punishable as prescribed by law.

(19) Following the implementation of subdivisions (1) to (18), inclusive, the division shall have the authority to make available for sale to the general public such remaining unsold surplus property, as established by the division and set out in its published rules.
Ala. Code § 41-16-121 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-121
Section 41-16-121 Availability of Surplus Property; Publication and Dissemination of List of Property; Disposition of Hazardous Material Prohibited
Status: in_force

(a) Surplus property shall be made available at such times and places as determined to be appropriate by the division for inspection and acquisition by those agencies determined to be eligible for such acquisition under criteria developed and published by the division.

(b) The division shall periodically publish a list of all surplus property held by it at the time of such publication.

(c) The published list shall be made available to all state departments, boards, bureaus, commissions, institutions, corporations, or agencies.

(d) The published list shall also be made available to all eligible counties, cities, boards of education, civil defense agencies, and volunteer fire departments.

(e) The division will determine the manner in which the list of surplus personal property shall be published.

(f) The division shall not be authorized to handle or dispose of any regulated hazardous materials.
Ala. Code § 41-10-67 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-67
Section 41-10-67 Awarding, Etc., of Contracts for Construction of Facilities, Buildings and Structures; Supervision, Etc., of Construction; Payments to Contractors; Agreement of Authority and Division of Construction Management of the Department of Finance as to Construction Cost Estimate
Status: in_force

All facilities, buildings, and structures constructed by the authority shall be constructed according to plans and specifications of architects or engineers selected by the authority. Such construction shall be done under the supervision and direction of the Division of Construction Management of the Department of Finance or any agency designated by the Legislature as its successor following award for each part of the work to the lowest responsible bidder after advertising for receipt and public opening of sealed bids; provided, that the invitations for bids and the bidding documents shall be so arranged that any alternates from the base bid shall constitute cumulative deductions from the base bid; and, in determining the lowest bidder, if funds are insufficient to construct the facilities, buildings, and structures on the lowest base bid, then the commission may proceed to consider the bids upon the basis of the base bids of all bidders minus the respective reductions stated for the first alternate and, if the lowest bid so determined is not then within the funds available, the commission shall proceed to consider the base bid minus the first and second alternates together to determine the lowest bid and in like manner throughout all alternates, if need be, so that in no event shall there be any discretion as to which alternate or alternates will be used in determining the lowest responsible bidder. All such contracts shall be lump sum contracts. All contracts for the entire work shall be awarded at the same time, but notice to proceed may be withheld until prior work under another contract has progressed to a point where the joint or following work can best be coordinated for the earliest completion of the entire project in a sound and workmanlike manner. The contracts shall be executed by the authority upon the determination of the commission as to the lowest bidders, respectively.

Payments made by the authority under the construction contracts shall be upon the contractor’s written sworn request only if endorsed as approved by the commission or in any lesser amount the commission shall endorse as having been the earned on said contract.

The authority and the commission shall agree to a construction cost estimate including reimbursement to the commission of its reasonable direct cost in having plans, specifications, and contract documents prepared and in supervising and inspecting the work. After the contracts have been awarded, such construction cost estimates shall be revised, and all extras on the contracts may be awarded within the funds available.
Ala. Code § 41-10-309 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-309
Section 41-10-309 Execution of Bonds and Notes
Status: in_force

The bonds and notes of the authority shall be executed by the manual or facsimile signature of either its president or its treasurer, as shall be provided in the resolution under which such securities shall be issued, and the seal of the authority or a facsimile thereof shall be affixed to any bonds so issued and attested by the manual or facsimile signature of its secretary; provided, that if bonds are executed entirely by facsimile, such bonds shall be authenticated by the manual signature of the bond trustee, registrar, or paying agent. If, after any of the bonds shall be so signed, whether manually or by facsimile, any such officer shall for any reason vacate his or her said office, the bonds so signed may nevertheless be delivered at any time thereafter as the act and deed of the authority.
Ala. Code § 41-22-23 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-23
Section 41-22-23 Submission and Review of Proposed Rules; Fiscal Note Required for Rules with Economic Impact
Status: in_force

(a) The notice required by subdivision (a)(1) of Section 41-22-5 shall be given, in addition to the persons named in the notice, to each member of the committee and such other persons in the legislative department as the committee requires. The form of the proposed rule presented to the committee shall be as follows: New language shall be underlined and language to be deleted shall be typed and lined through.

(b)(1) Within the 45-day period between the date of publication in the Alabama Administrative Monthly that a rule has been certified and the date it becomes effective, and subject to subsection (h) of Section 41-22-5.1, the committee shall study all proposed rules and may hold public hearings. The committee may adopt a policy providing when a public hearing will be held on a rule meeting specified criteria. In the event the committee fails to give notice to the agency of either its approval or disapproval of the proposed rule within 45 days after the notice is published in the Alabama Administrative Monthly that the rule has been certified and filed with the Legislative Services Agency, Legal Division, pursuant to Section 41-22-6, the committee shall be deemed to have approved the proposed rule for the purposes of this section.

(2) In the event the committee disapproves a proposed rule or any part thereof, it shall give notice of the disapproval to the agency. The disapproval of any rule may be appealed to the Lieutenant Governor in writing by the agency that submitted the rule within 15 days of disapproval. The Office of the Lieutenant Governor shall stamp the written appeal to denote the date the appeal was received. If the disapproval of a rule is appealed to the Lieutenant Governor, the Lieutenant Governor, within the 15 days after the notice of appeal of the disapproval of the rule is filed, may review the rule and hold public hearings he or she determines necessary.

(3) If the Lieutenant Governor sustains the disapproval of the rule, he or she shall notify the committee and return the rule to the agency and the disapproval shall be final.

(4) If the Lieutenant Governor approves the rule, he or she shall notify the chair of the committee. The rule shall become effective upon adjournment of the next regular session of the Legislature that commences after the approval unless, prior to that time, the Legislature adopts a joint resolution that overrules the approval by the Lieutenant Governor and sustains the action of the committee.

(5) If the Lieutenant Governor fails to either approve or disapprove the rule within the 15 days after the notice of appeal of the disapproval of the committee, the rule shall be deemed approved and the rule shall become effective upon adjournment of the next regular session of the Legislature that commences after the deemed approval unless, prior to that time, the Legislature adopts a joint resolution that overrides the deemed approval of the Lieutenant Governor and sustains the action of the committee. In the event the Office of the Lieutenant Governor is vacant, a rule disapproved by the committee shall be suspended until the adjournment of the next regular session of the Legislature following the disapproval. The rule shall be reinstated on adjournment of that regular session unless the Legislature, by joint resolution, sustains the disapproval.

(c) The committee may propose an amendment to any proposed rule and return it to the agency with the suggested amendment. In the event the agency accepts the rule as amended, the agency may resubmit the rule as amended to the committee and the rule shall become effective on the date specified in the rule, or on the date the amended rule is submitted, whichever is later. In the event the agency does not accept the amendment, the proposed amended rule shall be deemed disapproved, as provided in subsection (b).

(d) An agency may withdraw a proposed or certified rule. An agency may resubmit a rule so withdrawn or returned under this section with minor modification. Such a rule is a new filing and subject to this section but is not subject to further notice as provided in subsection (a) of Section 41-22-5.

(e) The committee is authorized to review and approve or disapprove any rule adopted prior to October 1, 1982.

(f) A rule submitted to the committee which has an economic impact shall be accompanied by a fiscal note prepared by the agency in accordance with this subsection. Upon receiving the fiscal note, the committee may require additional information from the submitting agency, other state agencies, or other sources. A state agency shall cooperate and provide information to the committee. At a minimum, the fiscal note submitted with a proposed rule shall include the following:

(1) A determination of the need for the rule and the expected benefit of the rule.

(2) A determination of the costs and benefits associated with the rule and an explanation of why the rule is considered to be the most cost effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose.

(3) The effect of the rule on competition.

(4) The effect of the rule on the cost of living and doing business in the geographical area in which the rule would be implemented.

(5) The effect of the rule on employment in the geographical area in which the rule would be implemented.

(6) The source of revenue to be used for implementing and enforcing the rule.

(7) A conclusion on the short-term and long-term economic impact upon all persons substantially affected by the rule, including an analysis containing a description of which persons will bear the costs of the rule and which persons will benefit directly and indirectly from the rule.

(8) The uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. A determination of the need for the rule shall consider qualitative and quantitative benefits and burdens.

(9) The effect of the rule on the environment and public health.

(10) The detrimental effect on the environment and public health if the rule is not implemented.

(g) In determining whether to approve or disapprove proposed rules, the committee shall consider the following criteria:

(1) Is there a statutory authority for the proposed rule?

(2) Would the absence of the rule or rules significantly harm or endanger the public health, safety, or welfare?

(3) Is there a reasonable relationship between the state’s police power and the protection of the public health, safety, or welfare?

(4) Is there another, less restrictive method of regulation available that could adequately protect the public?

(5) Does the rule or do the rules have the effect of directly or indirectly increasing the costs of any goods or services involved and, if so, to what degree?

(6) Is the increase in cost, if any, more harmful to the public than the harm that might result from the absence of the rule or rules?

(7) Are all facets of the rulemaking process designed solely for the purpose of, and so they have, as their primary effect, the protection of the public?

(8) Any other criteria the committee may deem appropriate.
Ala. Code § 41-10-21 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-21
Section 41-10-21 Legislative Findings of Fact and Declaration of Intent; Construction of Article
Status: in_force

The Legislature hereby makes the following findings of fact and declares its intent to be as follows: In recent years changes have taken place in the economy of this state which have had a far-reaching effect on the welfare of its citizens. The agrarian economy which once prevailed in this state and provided the principal means of livelihood for most of the citizens of the state has proven inadequate to provide employment for the state’s growing population. The advent of mechanized and scientific farming methods has reduced greatly the number of persons required to obtain increased yields of agricultural products from land under cultivation. There has been a correspondingly greater dependence upon industrial development as the bulwark of the economy of this state. It is appropriate and necessary that measures be taken to secure to the citizens of this state the benefits of a strengthened economy resulting from increased industrial development. Among these benefits are diversification of available job opportunities, higher salaries, better working conditions, lower consumer prices for industrial products, conservation and efficient use of natural resources, and maximum utilization of technical skills possessed by the citizens of this state. The police power of the state casts upon the Legislature the peculiar function of ascertaining and determining when the welfare of the people needs its exercise. The public interest lies in the promotion of industry, and the welfare of the people is so inextricably tied up with industry and industrial development as to make its well-being a matter of governmental concern.

It is the intention of the Legislature by the passage of this article to exercise its police power to authorize the formation of an independent public corporation which shall have as its general purpose the promotion of industrial development in this state and which shall have power to issue bonds payable solely from the proceeds of a special state tax set aside by this article for the purpose of retiring the said bonds. It is the further intention of the Legislature that the public corporation authorized by this article shall have discretion as to the manner of expending funds at its disposal for the purpose of promoting industrial development in this state, subject to the limitations more particularly detailed in this article.

This article shall be liberally construed in accordance with the foregoing findings of fact and declaration of intent.
Ala. Code § 41-9-338.1 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-338.1
Section 41-9-338.1 Legislative Findings - Helen Keller
Status: in_force

The Legislature find as follows as to Helen Keller:

(1) Helen Keller was born in Tuscumbia and, at age nineteen months, contracted an illness which left her deaf and blind.

(2) How Helen Keller learned to communicate is a quintessential story of overcoming adversity and is inspirational to many people in Alabama, the United States, and the world.

(3) A statue of Helen Keller is in the National Statuary Hall Collection as one of two statues representing Alabama since 2009, making hers one of only nine statues in the collection representing women.

(4) That a commemorative statue to honor Helen Keller would be a worthy addition to the grounds of the Alabama State Capitol, and the Legislature supports the inclusion of such a statue in a place where it will be readily accessible to, and touchable by, disabled persons.
Ala. Code § 41-22-5.1 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-5.1
Section 41-22-5.1 Public Notification of Proposed Rules; Business Economic Impact Statement; Applicability
Status: in_force

(a) This section and Section 41-22-5.2 shall be known and may be cited as “The Red Tape Reduction Act.”

(b) When an agency files a notice of intent to adopt, amend, or repeal any rule, the agency shall make its best efforts to notify the public of the proposed rule. At a minimum, when the agency files the notice of intent, the agency shall post the text of the rule the agency proposes to adopt, amend, or repeal on its website or, if the agency has no website, on a website operated or maintained by the executive branch. Additionally, when the agency files a notice of intent to adopt, amend, or repeal a rule, the agency shall electronically notify any person who has registered with the agency his or her desire to receive notification of any proposal by the agency to adopt, amend, or repeal a rule.

(c) If, prior to the end of the notice period, a business notifies an agency that it will be negatively impacted by an action proposed under subsection (b), the agency shall prepare and submit to the committee the information provided by the affected business as well as a business impact analysis of the proposed action. The analysis shall estimate the number of businesses subject to the agency’s proposal as well as the projected reporting, recordkeeping, and other administrative costs required for compliance with the proposal. An agency shall prepare the business impact analysis using information available to the agency in the normal course of business and utilizing the expertise and experience of existing agency employees.

(d) After receiving a business impact analysis from an agency, the committee may require the agency to analyze and report to the committee the feasibility of some or all of the following methods of reducing the impact of the rule on businesses:

(1) The establishment of less stringent compliance or reporting requirements for businesses.

(2) The establishment of less stringent schedules or deadlines for compliance or reporting requirements for businesses.

(3) The consolidation or simplification of compliance or reporting requirements for businesses.

(4) The establishment of performance standards for businesses to replace design or operational standards required in the rule.

(e) The agency shall state in the business impact analysis whether the proposed rule is proposed as a result of a requirement issued by a federal agency. If so, the agency shall submit information identifying the specific requirement issued by the federal agency.

(f) A business impact analysis required to be filed pursuant to this section shall be filed with the Legislative Services Agency, Legal Division, at the same time as the certified rule is filed and shall be available for public inspection.

(g) Each agency that files a business impact analysis, at the time it is filed, shall place that statement on its website in a location that is easily accessible by the general public, or, if the agency does not have a website, on a website operated or maintained by the executive branch.

(h) If the committee determines that an agency or a division of an agency exists primarily to perform certification or licensing-related functions, the agency is not required to comply with this section unless the committee determines in writing that an agency’s proposal has such a negative impact on businesses that the filing of a business impact analysis is warranted. Notwithstanding subsection (c) of Section 41-22-6, which provides that a rule is effective 45 days after notice that the agency filed the certified rule with the Legislative Services Agency, Legal Division, is published in the Alabama Administrative Monthly, in any case in which the committee determines that the filing of a business impact analysis is warranted as provided in this section, the effective date of the rule shall be 45 additional days after the effective date specified in subsection (c) of Section 41-22-6. In all other respects, the remainder of this chapter shall continue to apply to the proposed rule.

(i) An agency or department shall fulfill any request for license or permit within 28 calendar days after receiving the application or notify the applicant of the reason for failure to issue the license or permit.

(j) An agency is not required to comply with this section if the proposed rule is being adopted in order for the agency to comply with membership requirements in a multi-state or national membership organization.

(k) This section shall not apply to the adoption of an emergency rule adopted pursuant to subsection (b) of Section 41-22-5.
Ala. Code § 41-10-48.05 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.05
Section 41-10-48.05 Powers of Authority
Status: in_force

In addition to the powers granted to the authority in Section 41-10-26, Division 2 of Article 2 of this chapter, Article 2A of this chapter, and Article 2D of this chapter, with respect to the energy bank and the energy fund, the authority shall have the following additional powers to:

(1) Make loans or provide other financial assistance to electric providers to finance or reduce the costs of eligible projects, to collect fees and charges related to the loans or other financial assistance, and to acquire, hold, pledge, and sell loan obligations at prices and in a manner as the authority determines advisable.

(2) Enter into contracts, arrangements, and agreements with electric providers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this article.

(3) Enter into agreements with a department, agency, or instrumentality of the United States of America or of this state or another state for the purpose of planning, securing, and providing for the financing of eligible projects.

(4) Enter into contracts, arrangements, or agreements with external experts for the purpose of providing advice regarding the operations of the bank and viability of the fund, as well as the necessity of project applications from the bank and the strategic development fund.

(5) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public entity, including any department, agency, or instrumentality of the United States of America or this state, for the payment of any bonds issued by the authority, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support.

(6) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by the authority, including taking the action required to obtain payment of any sums in default.

(7) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or premium, if any, or any other term of any loan obligations owned by the authority or held by the applicable indenture trustee.

(8) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article, and to secure the repayment of the same as provided in this article including by pledging or granting of a security interest in the loan obligation.

(9) Expend funds credited to the authority resulting from the authority’s operations of the energy bank as the authority may determine as being necessary or desirable for the costs of administering the operations of the energy bank.

(10) Procure insurance against losses in connection with the authority’s property, assets, or activities including insurance against liability for the authority’s acts or the acts of its employees or agents or to establish cash reserves to enable the authority to act as a self-insurer against any and all such losses.

(11) Apply for, receive, and accept from any source, aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this article subject to the conditions upon which the aid, grants, or contributions are made.

(12) Do all other things necessary or convenient to carry out the purposes and powers conferred by this article.
Ala. Code § 41-10-845 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-845
Section 41-10-845 Initiation of Project; Reports
Status: in_force

(a) Upon receipt of funding provided by the tax credit process in Section 41-10-844, the economic development organization shall proceed with the project that was specified in the application required by Section 41-10-842.

(b) As to a project described in subdivision (a)(1) of Section 41-10-842, the economic development organization shall report to Innovate Alabama upon the completion of the project and at such times as may be required or requested by Innovate Alabama.
Ala. Code § 41-10-673 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-673
Section 41-10-673 Powers and Duties of the Authority
Status: in_force

The authority shall have, in addition to all powers heretofore granted to the authority pursuant to the enabling act, the following powers:

(1) To sell and issue the bonds authorized herein for the purposes specified herein.

(2) To pledge the pledged revenues as security for the payment of the bonds.

(3) To acquire any real or personal property and to convey the same to the companies or to any local governmental entity with or without consideration.

(4) To lease any real or personal property to the companies or to any local governmental entity for use in any part of the projects.

(5) To mortgage any part of the projects as security for the bonds.

(6) To make, enter into, and execute contracts, agreements, or other instruments necessary to acquire or construct capital improvements to any part of the projects.

(7) To incur ancillary costs, projects costs, and training costs and to pay for the same out of proceeds of the bonds, subject to the provisions of Section 41-10-677.

(8) To cooperate with and provide financial assistance to local governmental entities in order to effectuate the reconstruction and improvement of the flood levees identified in subsection (a) of Section 41-10-674.

(9) To reimburse any company for the payment of training costs incurred by such company pursuant to an agreement with the authority.
Ala. Code § 41-10-44.14 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.14
Section 41-10-44.14 No Notice, Approval, Public Hearing Required for Issuance of Obligations
Status: in_force

Except as may be expressly provided in this article, no proceeding, notice, or approval shall be required for the issuance of any project obligations, the execution of any mortgage and deed of trust, trust indenture, or other document, or the exercise of any other of the powers of the authority. Neither a public hearing nor the consent of the state Department of Finance shall be prerequisite to the issuance of project obligations by the authority.
Ala. Code § 41-6-5 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-5
Section 41-6-5 Director - Election; Term of Office
Status: in_force

The department shall be under the immediate management and control of a director, to be elected by the board of trustees, whose term of office shall be six years and until his or her successor is elected and qualified.
Ala. Code § 41-10-48.08 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.08
Section 41-10-48.08 Sources of Capitalization
Status: in_force

(a) The authority may use the following sources to capitalize the energy fund and to carry out its purposes of this article:

(1) Tobacco settlement funds from the Alabama 21st Century Fund.

(2) Federal funds made available to the state for the energy bank or for eligible projects.

(3) Contributions and donations from public and private entities and any other source as may become available to the authority, including, but not limited to, appropriations from the Legislature.

(4) All monies paid or credited to the authority, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the authority, and interest earnings which may accrue from the investment or reinvestment of the authority’s monies.

(5) Proceeds from the issuance of bonds as provided in this article.

(6) Other lawful sources as determined appropriate by the authority.

(b) Any pledge of the revenues and amounts described in subsection (a) to provide funds for payment of debt service on bonds issued by the authority or to pay obligations of the authority with respect to other financial assistance shall continue until the bonds have been fully repaid or the authority’s obligations with respect to the other financial assistance have terminated, unless the trust indenture, financing agreement, or other related instrument providing for the pledge expressly provides that the pledge may be terminated earlier or otherwise limited by the authority.
Ala. Code § 41-6-34 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-34
Section 41-6-34 Perpetuation or Memorialization of Names of Certain Donors
Status: in_force

Should any gift or donation by any person amount in value to as much as $5,000.00, said board of trustees is hereby authorized to perpetuate or memorialize the name of the persons making such gift or donation by designating any property or project or material or program acquired or carried on by proceeds derived from said endowment fund with appropriate nomenclature.
Ala. Code § 41-10-32 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-32
Section 41-10-32 Dissolution of Authority; Title to Property of Authority to Vest in State Upon Dissolution of Authority
Status: in_force

At any time when no bonds of the authority are outstanding, 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 members of the authority and sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of such 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 office and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved and shall record such 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 § 41-13-6 — Alabama Code / Title 41 / Chapter 13 / Section 41-13-6
Section 41-13-6 Use of Social Security Numbers on Documents Available for Public Inspection
Status: in_force

Notwithstanding any other law to the contrary, a state department, licensing or regulatory board, agency, or commission is prohibited from placing or otherwise revealing the Social Security number of a person, including, but not limited to, full- or part-time employees thereof, on any document that is available for public inspection including, but not limited to, state personnel evaluation forms and any other forms related thereto unless otherwise required by law, without the express consent of the person with the number, or the consent of that person’s parent, custodian, legal guardian, or legal representative. The foregoing prohibition shall not apply when a federal or state agency makes a request for or releases a Social Security number for a legitimate government purpose, or pursuant to a federal or state statute, regulation, or federally funded program or pursuant to an administrative or judicial subpoena or order. Nothing in this section is intended to create or establish a new cause of action for damages in any court. Nothing in this section shall be construed as a waiver of sovereign or qualified immunity. This section shall not be applicable to a document originating with any court or taxing authority, any document that when filed by law constitutes a consensual or nonconsensual lien or security lien or security interest, or any record of judgment, conviction, eviction, or bankruptcy. If express consent to reveal a Social Security number has not been obtained, a state department or agency shall redact, remove, cover, or otherwise excise the Social Security number of any person from any document that is available for public inspection so that the remaining portion of the document may be revealed.
Ala. Code § 41-10-47.09 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-47.09
Section 41-10-47.09 Annual Report
Status: in_force

The authority shall report annually to each member of the Legislature on the number, amount, and location of site grants distributed by the authority.
Ala. Code § 41-9-249 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-249
Section 41-9-249 Powers and Duties of Commission Generally
Status: in_force

The commission shall have the following duties and powers:

(1) To promote and increase knowledge and understanding of the history of this state from the earliest time to the present, including the archaeological, Indian, Spanish, British, French, Colonial, Confederate, and American eras, by adopting and executing general plans, methods, and policies for permanently preserving and marking objects, sites, structures, and ruins as defined in Section 41-9-242;

(2) To promote and assist in the publicizing of the historic resources of the state by preparing and furnishing information to public mass media and to governmental agencies charged with publicity and to coordinate any of its objectives, efforts, or functions with any agency or agencies of the federal government, of the State of Alabama and of other states or local governments having objectives similar or related to those of the commission;

(3) To accept for renovation, maintenance, restoration, preservation, or management and operation any building or site within the State of Alabama owned by the United States, the State of Alabama or any agency or subdivision thereof or by the National Trust for Historic Preservation or by natural or corporate persons, public or private, upon such terms and conditions as to the commission shall be deemed in the best interest of the State of Alabama in conformity with the purposes of this division;

(4) To acquire, by exercise of the power of eminent domain, historic structures of paramount or exceptional importance, such as those Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places; provided, that at least two-thirds of the members of the commission shall vote to acquire such structures by the exercise of this measure;

(5) To charge admissions at the various buildings and sites under the control of the commission throughout the state and to sell booklets, pamphlets and souvenirs at said locations and to retain and use the proceeds of said sales and admissions for the furtherance of the purposes of the commission as defined by this division;

(6) To adopt a seal for the commission and to use the same on its brochures, stationery and other official publications and upon its historic site markers;

(7)a. To acquire, receive, and take title to, by purchase, gift, lease, devise or otherwise, and to own, to hold, keep and develop, and to sell, transfer, convey, lease, and assign to any person or otherwise dispose of property of every kind and character, whether real, personal, or mixed, whether tangible or intangible, whether in trust or otherwise, together with any and every interest therein, in furtherance of the lawful objectives of the commission;

b. To negotiate for Dismals Wonder Gardens in Franklin County; to be held in trust for the Alabama Indian Commission. The administration of said property shall be by and with consultation with the Alabama Historical Commission and the Alabama Indian Commission for the preservation of the historical heritage of said property and shall utilize any proceeds therefrom, including interest on any investments, for the preservation of the property;

c. To administer such property or trusts, whenever any such property is received or held to be used for the benefit of the historical heritage of the State of Alabama, for preservation of historic sites, buildings, and objects, or for other lawful objectives of the commission, as it deems in the best interest of historical preservation or in furtherance of the objective for which the property is held or the donation or gift is made; and to convert such property or any portion thereof into securities or other forms of property and use the proceeds therefrom, including any interest on investments, as it deems will best promote the objectives of the commission;

d. To accept as trustee, beneficiary, or both, any interest in such property, together with any proceeds from its investment, for the benefit of historical preservation or other purposes of the commission, upon such conditions as may be acceptable to the donor and the commission. No such undertaking entered into by the commission or its agent or agents shall bind the state to pay any state moneys to anyone; provided, however, that nothing herein shall prevent the commission from undertaking payments out of the proceeds from such trust funds as a condition of the acceptance of the donation. All trust funds administered pursuant to this act may be required by the commission to pay the expenses of administering the same. Such gifts shall be deductible from Alabama state income tax by the donor or donors;

e. To convey title or any interest in real estate by deed or other instrument executed by a majority of the commissioners or by agent or agents authorized by a majority vote of the commission; and to convey property other than real estate by agent or agents authorized by a majority vote of commissioners present and voting.

(8) To maintain an office in a location in the state to be selected by the commission for the use of the executive director, the employees and the commission and to acquire the necessary furniture and equipment therefor;

(9) To prepare, create, purchase and distribute pamphlets and brochures describing the various historic buildings and sites under the jurisdiction of the State of Alabama or any of its agencies;

(10) To make and publish a survey of the buildings, ruins and sites of historic, architectural or archaeological significance within the State of Alabama and to make available such survey to individuals, institutions and governmental bodies desiring copies of same;

(11) To determine from such survey the buildings, ruins and sites listed therein which are considered worthy of permanent preservation, to certify same as being worthy and to publish said list;

(12) To establish criteria for the certification, selection and acquisition of historic properties for state ownership and for state aid to local historic site projects;

(13) To nominate selected landmarks with historic, architectural and archaeological significance to the National Register of Historic Places using priorities established by the commission;

(14) To establish and maintain an Alabama state historic preservation depository into which may be deposited antiques, relics, artifacts, mementos, paintings, and other objects contributed to or acquired by the state or the commission. The commission shall have the authority to restore these objects and to use them for the furnishing of its own historic buildings and other selected landmarks in Alabama;

(15) To rent or lease any of its acquisitions to public or private agencies;

(16) To publish an informational newsletter which shall periodically report on and promote local, regional, and state historic preservation activities;

(17) To produce and publish technical (“how to”) manuals on historic preservation;

(18) To publish and present citations and distinguished service awards to selected private and public organizations and individuals for outstanding achievements in preserving the heritage of Alabama;

(19) To purchase, produce, sell, and distribute historic souvenir items;

(20) To improve, restore, preserve, renovate, maintain, exhibit, repair, rebuild, recreate and reconstruct its acquisitions, and the commission shall have jurisdiction over the same and the exhibits located thereon;

(21) To purchase or otherwise acquire and to erect and maintain “historic markers” on such buildings, roads, trails, routes, and sites as it shall designate and to cooperate with and assist local, regional, and state historical groups in selecting and erecting such markers; and

(22) To accept the gift of money and real and personal property from any and all public and private sources. Such gifts shall be deductible from Alabama state income tax by the donor.
Ala. Code § 41-10-677 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-677
Section 41-10-677 Payment of Training Costs Directly Out of Pledged Revenues
Status: in_force

In addition to the power to finance the payment of training costs through the issuance of the bonds, the authority may, if it determines that it is in the best interests of the state to do so, pay such training costs directly out of pledged revenues in the special fund, provided that any such payment in any fiscal year, together with debt service payable on outstanding bonds in such fiscal year, shall not exceed the total amount of pledged revenues permitted to be used by the Enabling Act to pay debt service on the authority’s outstanding bonds in such fiscal year.
Ala. Code § 41-6-51 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-51
Section 41-6-51 Disposition and Expenditure of Fund
Status: in_force

Such part of the fund as is derived from gifts for a designated purpose shall be used and expended by the Director of the Department of Archives and History in accordance with the terms of the gift. The remainder of the fund shall be used and expended by the director in accordance with such policies as may be established by the board of trustees, and, at each regular meeting of the board of trustees, the director shall report all such expenditures made since the next preceding regular meeting.
Ala. Code § 41-4-114 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-114
Section 41-4-114 Definitions
Status: in_force

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

(1) BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or other private legal entity.

(2) CAPITAL EQUIPMENT. Tangible personal property that can be appraised for value, is not disposable or consumable, is stand alone, and has a useful life of one year or more.

(3) CHANGE ORDER. A written order signed by the procurement officer directing the contractor to make changes that the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor.

(4) CHIEF PROCUREMENT OFFICER. The individual holding the position created in Section 41-4-120, as the head of the Division of Procurement .

(5) CONTINGENCY FEE CONTRACT. An agreement, express or implied, for litigation legal services of an attorney or attorneys, including any associated counsel, under which compensation is contingent in whole or in part upon the successful accomplishment or disposition of the subject matter of the agreement. The payment may be in an amount which either is fixed or is to be determined under a formula.

(6) CONTINGENCY FEE COUNSEL. An attorney or attorneys performing services under a contingency fee contract.

(7) CONTRACT. All types of state agreements, regardless of what the contract may be called, for the procurement of supplies or services.

(8) CONTRACT MODIFICATION. Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.

(9) CONTRACTING AGENCY. The Governor, Attorney General, or director of a state agency, department, bureau, commission, authority, public corporation, or instrumentality of the State of Alabama that seeks to enter a contract.

(10) CONTRACTOR. Any person having a contract with a governmental body.

(11) DATA. Recorded information, regardless of form or characteristic.

(12) DESIGNEE. A duly authorized representative of a person.

(13) ELECTRONIC. Electrical, digital, magnetic, optical, electromagnetic, or other similar technology.

(14) GOVERNMENTAL BODY. Except as otherwise provided in this article, an agency, department, board, bureau, commission, committee, institution, corporation, authority, or office of this state. The term does not include the legislative or judicial departments of the state or a legislative or judicial agency, the Alabama State Port Authority, municipalities, or the county commission and governing boards of instrumentalities of counties including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions.

(15) GRANT. The furnishing by the state or federal government of assistance, whether financial or otherwise, to any person to support a program authorized by law. The term does not include an award with a primary purpose to procure an end product, whether in the form of supplies or services.

(16) JUDICIAL AGENCY. Any department, appellate court, trial court, board, body, bureau, commission, committee, institution, corporation, authority, or office created, established, and operating as an agency of the judicial department of this state. The term includes, but is not limited to, the Administrative Office of Courts, the State Law Library, the Court of the Judiciary, and the Sentencing Commission.

(17) LEGISLATIVE AGENCY. The Alabama State Legislature and any department, board, body, bureau, commission, committee, institution, corporation, authority, or office created, established, and operating as an agency of the legislative department of this state. The term includes, but is not limited to, the Legislative Services Agency and the Department of Examiners of Public Accounts.

(18) PERSON. An individual, corporation, association, partnership, limited liability corporation, union, committee, club, other organization, or group.

(19) PROCUREMENT. Buying, purchasing, renting, leasing, or otherwise acquiring any supplies or services. The term includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitation of sources, preparation and award of contracts, and all phases of contract administration. The term does not include the leasing of real property.

(20) PROCUREMENT OFFICER. Any individual duly authorized by the Chief Procurement Officer to enter into and administer contracts and make written determinations with respect to those contracts. The term includes an authorized representative acting within the limits of authority.

(21) PROFESSIONAL SERVICES. The services of physicians, architects, engineers, landscape architects, land surveyors, geoscientists, attorneys, teachers, artists, appraisers, and other individuals, or business entities offering the services of those individuals, who possess a high degree of scientific or specialized skill and knowledge where the experience and professional qualifications of the service provider are particularly relevant to the provision of the required service. The term also includes the management or administration of any occupational licensing board, as defined under Section 41-9A-1, by a person other than a state employee.

(22) PUBLIC FUNDS. Money, regardless of its source, that is owned or held by a governmental body.

(23) PUBLIC NOTICE. The distribution or dissemination of information to interested parties using methods that are reasonably available, including, but not limited to, publication in newspapers of general circulation, electronic or paper mailing lists, and websites designated by the state and maintained for that purpose.

(24) PURCHASING AGENCY. A governmental body, other than the Division of Procurement, that is authorized by this article, its implementing rules, or by delegation from the Chief Procurement Officer to enter into contracts.

(25) SERVICES. The furnishing of labor, time, or effort by a contractor. The term does not include the delivery of a specific end product, other than reports that are merely incidental to the required performance.

(26) SIGNATURE. A manual signature or an electronic signature, as defined in Section 8-1A-2.

(27) SOLICITATION. Any request to submit quotes, bids, or offers to the state for the procurement of supplies or services. The term includes invitations to bid and requests for proposals.

(28) SUPPLIES. All property, including equipment, materials, and printing. The term does not include land or a permanent interest in land.

(29) USING AGENCY. A governmental body that utilizes any supplies or services procured under this article.

(30) WRITTEN or IN WRITING. The product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored.

(b) The terms state, state department, state agency, agency, state entity, instrumentality of the state, and governmental body do not include municipalities, political subdivisions, county commissions, or the governing boards of instrumentalities of counties including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions.
Ala. Code § 41-16-1 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-1
Section 41-16-1 Withdrawal by Contractor of Amounts Retained from Payments Under Contract
Status: reserved

Repealed by Acts 1997, No. 97-225, p. 348, §4, effective April 22, 1997.
Ala. Code § 41-4-261 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-261
Section 41-4-261 Duties Generally
Status: in_force

The functions, powers, and duties of the division of space management shall be as follows:

(1) To formulate a statewide space management program.

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

(3) To make studies, surveys, investigations, and inventories of all buildings owned or leased by the state and to require all agencies to assist in such activities.

(4) To promulgate uniform standards for allocation of facilities owned or leased by the state.

(5) To investigate all requests for additional facilities needed by all departments, boards, bureaus, commissions, agencies, and offices of the state and to allocate space for their use.

(6) To contract with other agencies, corporations, entities, or individuals to make studies, surveys, investigations, inventories, and recommendations relative to the most economic and feasible methods of acquiring new space and utilization of present space.

(7) To assist and advise the Director of Finance in allocating available space and in acquiring new space.

(8) To make recommendations and reports to the Director of Finance relative to the proper utilization of and acquisition of space by state agencies.

(9) To make rules and regulations necessary to implement the provisions of this article.
Ala. Code § 41-21-7 — Alabama Code / Title 41 / Chapter 21 / Section 41-21-7
Section 41-21-7 Preparation and Publication of Compilations or Abridgments of Code Provisions Relating to Specific Agencies, Departments, Etc
Status: in_force

The Code Commissioner may contract for the preparation and publication of a compilation or abridgment in any form or medium of those sections of the Code of Alabama relating to a specific agency, department, institution, bureau, board, commission, or subject which, in the opinion of the Legislative Council, is essential to the effective performance of the duties of the agency, department, institution, bureau, board, or commission requesting the publication. A contract for the publication of a compilation or abridgment may be entered into only after funds have been appropriated or are otherwise available to the agency, department, institution, bureau, board, or commission for the publication. The compilation may be completely indexed and may include the annotations to the sections of the code included in the compilation.
Ala. Code § 41-4-90 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-90
Section 41-4-90 Availability and Effect of Appropriations; Restriction of Allotments by Governor
Status: in_force

No appropriations made by the Legislature shall be available for expenditures until allotted as provided for in Section 41-4-91. All appropriations, except per capita appropriations now in force or hereafter made to eleemosynary and correctional institutions and the Alabama School for the Deaf and Blind, located at Talladega, Alabama, which appropriations shall remain in full force and effect and be payable and disbursed as now provided by law, are hereby declared to be maximum, conditional, and proportionate appropriations, the purpose being to make appropriations payable in full in the amounts named only in the event that the estimated budget resources during each budget year of the period are sufficient to pay all of the appropriations for such year in full. The Governor shall restrict allotments to prevent an overdraft or deficit in any fiscal year for which appropriations are made by prorating without discrimination against any department, board, bureau, commission, agency, office, or institution of the state, the available revenues among the various departments, boards, bureaus, commissions, agencies, offices, and institutions of the state. In other words, said appropriations shall be payable in such proportion as the total sum of all appropriations bears to the total revenues estimated by the Department of Finance as available in each of said fiscal years. The purpose of this provision is to insure that there shall be no overdraft or deficit in the several funds of the state at the end of any fiscal year, and the Governor is directed and required so to administer this article to prevent any such overdraft or deficit.
Ala. Code § 41-22-5.2 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-5.2
Section 41-22-5.2 Review of Existing Rules
Status: in_force

(a) Within five years of July 1, 2013, each agency shall review all agency rules existing on that date to determine whether the rules should be continued without change, or should be amended or rescinded. The agency may indicate compliance with the requirements of this section by filing a notice in the Alabama Administrative Monthly certifying its compliance. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the agency shall publish a statement certifying that determination.

(b) A rule adopted after July 1, 2013, shall be reviewed every five years in a manner consistent with subsection (a).
Ala. Code § 41-10-511 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-511
Section 41-10-511 Obligations, Bonds and Notes Not Debt of State
Status: in_force

All obligations incurred by the authority and all bonds and notes issued by it shall be solely and exclusively an obligation of the authority, payable solely from the sources which may under the provisions of this article be pledged to the payment thereof. No obligation incurred by the authority and no bond or note issued by it shall create an obligation or debt of the state.
Ala. Code § 41-22-7 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-7
Section 41-22-7 Contents, Publication, and Availability of Administrative Material; Duties of Legislative Services Agency, Legal Division
Status: in_force

(a) The secretary of an agency shall establish and maintain an official register of rules which shall be compiled, indexed, published in loose-leaf form, electronic form, or both, and kept up to date by the secretary of the agency. This register of rules shall be known as “The (name of the agency) Administrative Code,” and it shall be made available, upon request, at cost to all persons for copying and inspection and to those persons who subscribe to the register. Supplementation shall be made as often as is practicable, but at least once every year. The secretary of an agency shall number and renumber rules to conform with a uniform numbering system devised by the Legislative Services Agency, Legal Division.

(b) The secretary of an agency may omit from its administrative code rules that are general in form, but are applicable to only one county or a part thereof. Rules so omitted shall be filed with the secretary, and exclusion from publication shall not affect their validity or effectiveness. The secretary shall publish a compilation of and index to all rules so omitted at least annually.

(c) The secretary of an agency shall make copies of the agency’s administrative code available on an annual subscription basis, at cost.

(d) The secretary of an agency shall file with the Legislative Services Agency, Legal Division, not later than 15 days after filing with the secretary, all rules or amendments or repeal of rules adopted by the agency. In addition, the secretaries of the Alabama Public Service Commission and the Alabama State Port Authority, respectively, shall file with the Legislative Services Agency, Legal Division, not later than 15 days after filing with the secretary, all rules or amendments or repeal of rules adopted by the commission or authority.

(e) The Legislative Services Agency, Legal Division, shall establish and maintain an official register of rules which shall be compiled, indexed, published on the Internet, and kept up to date by the Legislative Services Agency, Legal Division. The register of rules shall be known as the Alabama Administrative Code and shall be made available to the public in electronic format. Supplementation shall be made as soon as is practicable following the effective date of each addition, amendment, or repeal of a rule. The Legislative Services Agency, Legal Division, shall devise a uniform numbering system for rules and may renumber rules before publication to conform with the system.

(f) The Legislative Services Agency, Legal Division, shall publish a monthly bulletin entitled the Alabama Administrative Monthly, which shall contain a statement of either the terms or substance of all rules filed during the preceding month, excluding rules in effect on October 1, 1982, together with other material required by law and such other material the agency or committee determines to be of general interest. The Legislative Services Agency shall publish the Alabama Administrative Monthly on the Internet on a website available to the general public for viewing at no subscription cost.

(g) The Legislative Services Agency, Legal Division, may omit from the Alabama Administrative Monthly and the Alabama Administrative Code rules that are general in form, but are applicable to only one county or a part thereof. Rules so omitted shall be filed with the Legislative Services Agency, Legal Division, and exclusion from publication shall not affect their validity or effectiveness. The Legislative Services Agency, Legal Division, shall publish a compilation of, and index to, all rules so omitted at least annually.

(h) The Legislative Services Agency, Legal Division, shall make copies of the Alabama Administrative Code and copies of the Alabama Administrative Monthly available on the Internet.

(i) The Legislative Services Agency, Legal Division, shall charge each agency using the Alabama Administrative Monthly a space rate computed to cover all publishing costs related to the Alabama Administrative Monthly and shall charge each agency a per page rate for each page published in the Alabama Administrative Code to cover costs incurred by the Legislative Services Agency, Legal Division, in publishing the Alabama Administrative Code.
Ala. Code § 41-15-13 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-13
Section 41-15-13 Appropriation of Funds Received in Payment for Loss to Property by Fire, Etc
Status: in_force

There is hereby appropriated in addition to all other appropriations and for capital outlay purposes only any and all funds received by the State of Alabama or any department, board, bureau, agency, or institution of the state in payment for any loss to property suffered by reason of fire, lightning, windstorm, or hail.
Ala. Code § 41-23-66 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-66
Section 41-23-66 Disbursed Grant Funds Not Utilized to Revert to Loans; Repayment
Status: in_force

If state grant funds are not utilized for the purposes stated in the approved grant application within two years of the date of the grant award, then the disbursed grant funds shall revert to loans. Repayment of these funds shall be made in yearly principal and interest installments for five years at the New York prime rate at the time of notification by the department that the two year limit has expired. These loans may be repaid on a shorter schedule if the grantee so desires. Loan funds recouped by the department and grant funds obligated, but not disbursed, shall become available for other purposes pursuant to this article.
Ala. Code § 41-28-2 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-2
Section 41-28-2 Definitions
Status: in_force

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

(1) COMMITTEE. The Permanent Legislative Oversight Committee on Information Technology.

(2) CYBERSECURITY. The protection of critical infrastructure, data, and digital networks through the implementation of security measures, risk management processes, disaster recovery, business continuity, and incident response protocols to safeguard against cyber threats.

(3) ELECTROMAGNETIC TRANSMISSION EQUIPMENT. Any transmission medium, switch, instrument, network node, inside wiring system, wireless system, fiber-optic system, or other facility which is used, in whole or in part, to provide any transmission, communication, or processing of information.

(4) INFORMATION TECHNOLOGY. All forms of automated data processing, communications systems, subsystems, or interconnected systems and services, computer networks, electronic information systems and related information, databases, equipment, goods, and services used for gathering, storing, transmitting, retrieving, manipulating, moving, controlling, managing, displaying, interchanging, receiving, processing, or protecting of information.

(5) OFFICE. The Office of Information Technology.

(6) SECRETARY OF INFORMATION TECHNOLOGY or SECRETARY. The chief administrative and executive officer of the Office of Information Technology who is also known as the Chief Information Officer of the state.

(7) STATE AGENCIES. All departments, agencies, offices, boards, commissions, bureaus, and authorities of state government. The term shall not include counties, municipalities and their instrumentalities, the Alabama State Port Authority, the State Department of Education, the Retirement Systems of Alabama, or institutions of higher education governed by a separate board of trustees, although these entities and institutions may enter into cooperative agreements and contracts related to information technology efforts with the state information technology system.

(8) TECHNOLOGY CONTRACT. A contract entered into by any state agency concerning information technology, cybersecurity, electromagnetic transmission equipment, or telecommunications equipment, systems, or related services.

(9) TELECOMMUNICATIONS EQUIPMENT, SYSTEMS, OR RELATED SERVICES. Includes all of the following:

a. Devices including, but not limited to, telephone instruments, modulators, headsets, and coders, used to convert voices, voice information, or digital data into a form suitable for transmission by electronic, electric current, electromagnetic wave, or any technological means from one point to another point.

b. Devices including, but not limited to, telephone receivers, demodulators, and decoders, used to receive voices, voice information, or digital data in a form suitable for converting this information into usable form by an electronic, electric current, electromagnetic wave, or any technological means.

c. Wiring, waveguides, optical fibers, wireless, or other physical means used to convey electric currents or electromagnetic waves containing voice information or digital data.

d. Switches, wireless access points, routers, virtual private networks, network concentrators, firewalls, nodes, branch exchanges, software, and other devices used to selectively interconnect devices which use electric current or electromagnetic waves for the purpose of communicating voice signals or digital data from one point to another point.

e. Maintenance of the types of devices and means listed in paragraphs a. through d. and all consulting, designs, implementation, customization, or management services related to those devices, their interconnection, and their use.
Ala. Code § 41-9-906 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-906
Section 41-9-906 Rulemaking and Regulatory Authorization; Board to Determine Inclusion of Benefits Within Coverage; Exclusions
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-9-1002 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1002
Section 41-9-1002 Purpose; Selection of Persons Installed
Status: in_force

The purpose of the Alabama Military Hall of Honor is to honor Alabama’s military heroes and to provide a permanent and visible tribute to them. In addition to the main purpose, when properly funded and staffed, it will serve as a valuable tourism and educational vehicle providing tours for the public as well as students from all over the State of Alabama. The board may adopt rules and bylaws as may be needed to carry out its functions. The number and qualifications of persons selected for installation annually shall be in accordance with the following:

Once each year the board will meet to consider nominations and choose new members to be inducted into the Hall as prescribed by the bylaws. These new members must have, by their military achievements and service, made outstanding contributions to the State of Alabama or the United States. They must be Alabamians who have distinguished themselves in the Armed Forces of the United States, including National Guard and Reserves, and whose patriotism should be recognized and serve as a constant testimony to present and future generations. Persons to be considered shall be either native-born Alabamians or legal residents of Alabama at the time the individual performed the deed or deeds being recognized.
Ala. Code § 41-8-21 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-21
Section 41-8-21 Enactment of Compact; Form
Status: in_force

The Interstate Library Compact is hereby enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:

Article I. Policy and Purpose.

Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources makes the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.

Article II. Definitions.

As used in this compact:

(a) “Public library agency” means any unit or agency of local or state government operating or having power to operate a library.

(b) “Private library agency” means any nongovernmental entity which operates or assumes a legal obligation to operate a library.

(c) “Library agreement” means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.

Article III. Interstate Library Districts.

(a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.

(b) Within an interstate library district and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

(c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:

1. Undertake, administer and participate in programs or arrangements for securing, lending or servicing of books and other publications, any other materials suitable to be kept or made available by libraries and library equipment or for the dissemination of information about libraries, the value and significance of particular items therein and the use thereof.

2. Accept for any of its purposes under this compact any and all donations and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize, and dispose of the same.

3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.

4. Employ professional, technical, clerical, and other personnel and fix terms of employment, compensation and other appropriate benefits and, where desirable, provide for the in-service training of such personnel.

5. Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service.

6. Construct, maintain and operate a library, including any appropriate branches thereof.

7. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.

Article IV. Interstate Library Districts, Governing Board.

(a) An interstate library district which establishes, maintains, or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board, which shall be organized and conduct its business in accordance with provisions therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.

(b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.

Article V. State Library Agency Cooperation.

Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing, and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service, or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements.

Article VI. Library Agreement.

(a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

(1) Detail the specific nature of the services, programs, facilities, arrangements, or properties to which it is applicable.

(2) Provide for the allocation of costs and other financial responsibilities.

(3) Specify the respective rights, duties, obligations, and liabilities of the parties.

(4) Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.

(b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state.

(c) No library agreement shall become effective until filed with the compact administrator of each state involved and approved in accordance with Article VII of this compact.

Article VII. Approval of Library Agreements.

(a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the Attorney General of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his or her state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 90 days of its submission shall constitute approval thereof.

(b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or her or it as to all matters within his, hers, or its jurisdiction in the same manner subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.

Article VIII. Other Laws Applicable.

Nothing in this compact or in any library agreement shall be construed to supersede, alter, or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.

Article IX. Appropriations and Aid.

(a) Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

(b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.

Article X. Compact Administrator.

Each state shall designate a compact administrator with whom copies of all library agreements to which this state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him or her by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.

Article XI. Entry Into Force and Withdrawal.

(a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.

(b) This compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.

Article XII. Construction and Severability.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable; and, if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Ala. Code § 41-23-279 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-279
Section 41-23-279 Statewide Research and Education Network
Status: in_force

The authority shall make it a priority to consider the need for a statewide research and education network and may engage a third party consultant to develop recommendations for such a network. Upon a majority vote of its members, the authority may create an entity that will assist the state in the development of a statewide research and education network and other cooperative ventures of innovative technological significance to advance higher education, research, health care, and economic development for the state’s universities, university health care systems, research institutions, and the Alabama Community College System. The authority shall prioritize a higher education research network and consult with all two-year and four-year institutions and the Alabama Community College System on the development of the network.
Ala. Code § 41-9-904 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-904
Section 41-9-904 Responsibility for Plan Cost; Coverage of Dependents; Employer Participation
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-10-362 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-362
Section 41-10-362 Exemption from Taxation of Bonds and Income of Authority; Use of Bonds as Security for Deposits of State Funds; Investment of Trust Funds in Bonds
Status: in_force

The bonds and the income therefrom shall be exempt from all taxation in the state. Any of the bonds may be used by the holder thereof as security for the deposit of any funds belonging to the state or to any 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 by 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 any of the bonds.
Ala. Code § 41-29-501 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-501
Section 41-29-501 Definitions
Status: in_force

(a) For the purposes of this article, the following words and phrases shall have the following meanings:

(1) AUTHORITY. The public corporation organized pursuant to the provisions of Sections 41-10-20 through 41-10-32.

(2) AUTHORIZED PURPOSE. Any one or more of the purposes for which grants are herein authorized to be made as specified in Section 41-29-503(a).

(3) BOARD OF DIRECTORS. The board of directors of the authority.

(4) BOND. The bonds issued under the provisions of this article.

(5) CAPITAL COSTS. All costs and expenses incurred by one or more investing companies in connection with the acquisition, construction, installation, and equipping of a qualifying project during the period commencing with the date on which such acquisition, construction, installation, and equipping commences and ending on the date on which the qualifying project is placed in service, including, without limitation of all of the following:

a. The costs of acquiring, constructing, installing, equipping, and financing a qualifying project, including all obligations incurred for labor and to contractors, subcontractors, builders, and materialmen.

b. The costs of acquiring land or rights in land and any cost incidental thereto, including recording fees.

c. The costs of contract bonds and of insurance of all kinds that may be required or necessary during the acquisition, construction, or installation of a qualifying project.

d. The costs of architectural and engineering services, including test borings, surveys, estimates, plans and specifications, preliminary investigations, environmental mitigation and supervision of construction, as well as for the performance of all the duties required by or consequent upon the acquisition, construction, and installation of a qualifying project.

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

f. All other costs of a nature comparable to those described, including, without limitation, all project costs which are required to be capitalized for federal income tax purposes pursuant to 26 U.S.C. § 263A.

g. Costs otherwise defined as capital costs that are incurred by the investing company where the investing company is the lessee under a lease that: (i) has a term of not less than five years, and (ii) is characterized as a capital lease for federal income tax purposes. Capital costs shall not include property owned or leased by the investing company or a related party before the commencement of the acquisition, construction, installation or equipping of the qualifying project unless such property was physically located outside the state for a period of at least one year prior to the date on which the qualifying project was placed in service.

h. Costs either paid or incurred by: (i) a public industrial development board or authority (including, without limitation, the State Industrial Development Authority), city, county, or other public corporation or political subdivision (a “public entity”) for the benefit of a qualifying project where such costs are treated as costs paid by an investing company with respect to the qualifying project for federal income tax purposes (such costs shall not include amounts contributed by a public entity to a qualifying project as a capital contribution, grant, or gift except to the extent that an investing company has cost basis in the contribution, grant, or gift for federal income tax purposes); or (ii) a related party to an investing company to the extent such costs are included in or taken into account in determining the investing company’s federal income tax basis in the qualifying project, whether or not incurred by an investing company.

(6) GRANTEE. A county, municipality, local industrial development board or authority or economic development council or authority, airport authority, port authority or public corporation or political subdivision, department, or agency of this state authorized to own or possess by lease a project site, to which a grant of money is made as provided in Section 41-29-503.

(7) HEADQUARTERS FACILITY. A facility described by Section 40-18-372(1)d. or f.

(8) INDUSTRIAL, WAREHOUSING, OR RESEARCH ACTIVITY. Any trade or business predominantly conducting an activity described in Section 40-18-372(1).

(9) INVESTING COMPANY. Any corporation, partnership, limited liability company, proprietorship, trust or other business’ entity, regardless of form, making a qualified investment.

(10) PERSON. Unless limited to a natural person by the context in which it is used, includes a private firm, a private association, a public or private corporation or partnership (whether limited liability company, limited liability partnership or other form of business organization), a municipality, a county, or an agency, department or instrumentality of the state or of a county or municipality.

(11) PREPARATION OF PROJECT SITES. The preparation of project sites including, without limitation: (i) preparation of a means of access to the site; (ii) provision for adequate drainage of the site to prevent the accumulation of excess natural waters thereon; (iii) boundary and topographical surveying, clearing and grubbing, and excavating; (iv) the reasonable rehabilitation of buildings and other structures; and (v) other work relative to site preparation deemed necessary or appropriate.

(12) PROJECT. Any land, building or other improvement, whether or not previously in existence, located or to be located in the state.

(13) PROJECT SITES. Land and structures located thereon owned by a grantee or potential grantee on which a qualifying project has been or will be located and which is held for sale or lease to a person for use as a qualifying project.

(14) QUALIFYING INVESTMENTS. The undertaking by one or more investing companies of a qualifying project.

(15) QUALIFYING PROJECT. A project to be sponsored or undertaken by one or more investing companies: (i) at which the predominant trade or business activity conducted will constitute industrial, warehousing, or research activity, or (ii) which qualifies as a headquarters facility.

(16) STATE. The State of Alabama.

(b) The definitions set forth above shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein, any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 41-9-631 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-631
Section 41-9-631 Submission by Criminal Justice Agencies of Uniform Crime Reports
Status: in_force

(a) All criminal justice agencies within the state shall submit to ALEA periodically, at a time and in such a form as prescribed by the commission, information regarding only the cases within its jurisdiction. The report shall be known as the “Alabama Uniform Crime Report” and shall include crimes reported and otherwise processed during the reporting period.

(b) The report shall contain the number and nature of offenses committed, the disposition of offenses, and other information as the commission shall specify relating to the method, frequency, cause, and prevention of crime.
Ala. Code § 41-10-862 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-862
Section 41-10-862 Grant Applications for Qualified Donations of Property
Status: in_force

Subject to Section 41-10-865, upon approval of a master plan pursuant to Section 41-10-861 by the council as empowered by the corporation, shall implement a strictly voluntary system by which eligible donors may apply for grants for qualified donations of donated property.
Ala. Code § 41-27-7 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-7
Section 41-27-7 Legacy Agencies; Classification of Employees
Status: in_force

(a) For the purposes of this article, the term “legacy agency” means an existing agency, department, or division that is being reorganized or abolished under this article.

(b) Unless otherwise provided in this article, all positions created by this article shall be in the classified service of the state Merit System.

(c) All persons employed on January 1, 2015, with a legacy agency and transferred to the Alabama State Law Enforcement Agency, Department of Public Safety, or State Bureau of Investigations shall maintain his or her classification and benefits under the legacy agency. A person employed by a legacy agency on January 1, 2015, shall not receive a decrease in salary, benefits, or seniority or otherwise receive a decrease in classification as a result of the transfer to the Alabama State Law Enforcement Agency, Department of Public Safety, or State Bureau of Investigations.

(d) Any future change in classification shall not result in any change in benefits an employee previously had at a legacy agency.

(e) An employee of a legacy agency transferred to the Alabama State Law Enforcement Agency, Department of Public Safety, or State Bureau of Investigations under this article shall remain in his or her current classification unless appointed to the appropriate classification within the newly created department according to state Merit System procedures.

(f) Any employee hired or transferred into the Alabama State Law Enforcement Agency after January 1, 2015, who is certified by the Alabama Peace Officers’ Standards and Training Commission and is a state policeman is not eligible for the benefits specified in Section 36-26-35(d).
Ala. Code § 41-7-3 — Alabama Code / Title 41 / Chapter 7 / Section 41-7-3
Section 41-7-3 Advisory Board
Status: in_force

(a) There is established the Advisory Board to the Alabama Tourism Department to advise and assist the director. The board shall be composed of 25 members who shall be appointed as follows:

(1) Two members who shall be appointed by the Governor from a list of three individuals for each board position which shall be submitted to the Governor by the Alabama Travel Council, or its successor organization.

(2) Two members who shall be appointed by the Governor from a list of three individuals for each board position which shall be submitted to the Governor by the Alabama Hospitality Association, or its successor organization.

(3) Two members who shall be appointed by the Governor from a list of three individuals for each board position which shall be submitted to the Governor by the Alabama Association of Convention and Visitor Bureaus, or its successor organization.

(4) Two members who shall be appointed by the Governor from a list of three individuals for each board position which shall be submitted to the Governor from the Alabama Restaurant Association, or its successor organization.

(5) Two members who shall be appointed by the Governor from a list of three individuals for each board position which shall be submitted to the Governor from the Alabama Cooperative Extension System who shall be representatives of the private sector rural tourism industry.

(6) Two members who shall be appointed by the Governor from a list of three individuals for each board position which shall be submitted to the Governor from the Economic Development Association of Alabama, or its successor organization.

(7) Three members appointed by the Governor who are not current full-time public officials or public employees, but who are representatives of the private sector of the tourism industry in Alabama.

(8) The Director of the Alabama State Parks who shall serve as an ex officio member.

(9) The Director of the Alabama Historical Commission who shall serve as an ex officio member.

(10) The Director of the Alabama State Council on the Arts who shall serve as an ex officio member.

(11) The Director of the Alabama Cooperative Extension Service who shall serve as an ex officio member.

(12) The Director of the Alabama Department of Public Safety who shall serve as an ex officio member.

(13) The Director of the Alabama Department of Transportation who shall serve as an ex officio member.

(14) The Chair of the Senate Finance and Taxation Education Committee, the Chair of the House Ways and Means Education Committee, and the ranking minority member of each committee, or their designees.

(b) Ex officio members of the board shall be voting members, but shall serve as a member of the board only as long as the ex officio member holds his or her respective office. Each member not serving in an ex officio capacity shall be appointed to a six-year term except for the initial appointments of one of the members for each of the positions designated in subsection (a), subdivisions (1) to (5), inclusive, which shall be appointed to initial three-year terms. Members shall serve until their successors are appointed and qualified. Vacancies which occur other than by expiration of the term shall be filled for the unexpired term only.

(c) The members of the board shall serve without compensation but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties as members.

(d) The director shall be a nonvoting member of the board.

(e) Members of the board shall be residents of the State of Alabama, and to the extent possible, appointments to the board shall be made from all geographic regions of the State of Alabama in order to promote economic diversity from throughout the state. Appointments to the board shall include Black and other minority representation, and to the extent possible, the appointments shall reflect the percentage of minority population of the state and the gender and urban and rural diversity of the state. Those members of the board not serving in an ex officio capacity shall be actively employed in the tourism industry throughout the term of their appointment, and if the member ceases to be so employed, that individual shall immediately cease to be a member of the board, and the appointing authority shall promptly appoint a new member in the manner consistent with the initial appointment procedure to fill the remainder of the term.

(f) All members shall be notified in writing of the time and place of any regular or special meeting. Any member who misses four consecutive regularly scheduled meetings shall immediately cease to be a member of the board, and the appointing authority shall promptly appoint a new member in the manner consistent with the initial appointment procedure to fill the remainder of the term. Such meeting requirements shall not apply to the director nor to ex officio members.

(g) The board shall meet at least quarterly, and shall perform the following duties:

(1) Serve as a body to advise the director and private persons on the development and implementation of state policies and programs relating to tourism and recreation and to assist in the coordination of these activities.

(2) Adopt bylaws, elect officers, including a chairperson, and establish procedures for its operation.

(3) Advise and review marketing and annual advertising plans developed by the department. The comprehensive marketing plan shall be directed toward the accomplishment of at least the following purposes:

a. Maximizing the return on public and private investment and tourism.

b. Encouraging longer stays by visitors to Alabama.

c. Assisting local entities in attracting conferences and conventions.

d. Reducing season fluctuations in travel and tourist related industries.

e. Encouraging visitors to be destination oriented in this state.

f. Encouraging visitors from foreign countries to visit Alabama.

g. Encouraging Alabamians to vacation in Alabama.

(h) Seek and review the views of all levels of government and the private sector with respect to state programs and policies for the promotion and assistance of tourism.

(i) Cooperate and provide expertise for communities and tourism marketing associations in the development and promotion of their tourism attractions and businesses.

(j) Establish working committees to advise the department with specific areas of operation including marketing, advertising, regional issues, administration of grant and co-op programs, and product and service development.
Ala. Code § 41-4-64 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-64
Section 41-4-64 Comptroller May Close Out Certain Inactive Funds and Transfer Balance to General Fund
Status: in_force

The state Comptroller is authorized to transfer to the State General Fund all sums carried in special funds on the books and daily balance sheets of the Comptroller but which have become inactive because all claims against them have been paid or when requests for payments from such funds have not been made or for any other reasons and a reasonable time for making such claims has been allowed. When the Comptroller transfers the balance in any special fund into the General Fund, he shall close out such special fund.
Ala. Code § 41-9-190 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-190
Section 41-9-190 Establishment; Purpose
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 § 41-7A-24 — Alabama Code / Title 41 / Chapter 7A / Section 41-7A-24
Section 41-7A-24 Claims and Issuance of Refunds; Repayment; Disqualification
Status: reserved

Repealed by Act 2009-144, p. 268, §12, effective January 1, 2009.
Ala. Code § 41-5A-2 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-2
Section 41-5A-2 Chief Examiner - Appointment and Functions; Vacancies; Removal from Office
Status: in_force

(a) The affairs of the department shall be administered by the Chief Examiner of Public Accounts, whose actions shall be supervised and controlled by the Legislative Committee on Public Accounts. The chief examiner shall be selected and appointed by the Legislative Committee on Public Accounts to serve for a term of five years and until a qualified successor is appointed.

(b)(1) A vacancy in the office of chief examiner arising from any cause shall be filled by the Legislative Committee on Public Accounts. The person so appointed may serve through the next regular or special session of the Legislature until confirmed as provided in subdivision (2).

(2) The appointment of the chief examiner shall be subject to confirmation by the Senate at the first regular or special session of the Legislature held after the appointment; provided, however, that this subsection does not affect the right or authority of the chief examiner to act pending confirmation or rejection.

(c) The chief examiner may be removed from office by joint resolution of the Legislature for cause provided in writing and supported by sufficient, competent evidence referred by the Legislative Committee on Public Accounts.
Ala. Code § 41-14-7 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-7
Section 41-14-7 Depositaries to Give Receipts to Officers Making Deposits; Disposition of Copies of Receipts, Etc
Status: in_force

Each state depositary shall give to the officer placing funds or moneys therein to the credit of the Treasurer a receipt therefor in duplicate, and such officers shall immediately mail to the Department of Finance a duplicate of the said receipt. The Department of Finance shall, upon receiving the same, pass the amount therein mentioned to the credit of said officer and transmit the duplicate receipt to the Treasurer, who shall mail to the said officer a receipt for the same.
Ala. Code § 41-8-22 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-22
Section 41-8-22 Compact Administrator; Deputy Compact Administrators
Status: in_force

The Director of the Alabama Public Library Service shall be the compact administrator pursuant to Article X of the compact. The Director of the Alabama Public Library Service may appoint one or more deputy compact administrators pursuant to said article.
Ala. Code § 41-3-2 — Alabama Code / Title 41 / Chapter 3 / Section 41-3-2
Section 41-3-2 Nonresidents Not to Explore or Excavate Remains or Carry Away, Etc., from State Objects Discovered Therein, Etc
Status: in_force

No person not a resident of the State of Alabama, either by himself or herself personally or through any agent or employee or anyone else acting for such person, shall explore or excavate any of the remains described in Section 41-3-1 or carry or send away from the state any objects which may be discovered therein or which may be taken therefrom or found in the vicinity thereof.
Ala. Code § 41-8-47 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-47
Section 41-8-47 Funding; Implementation of Program Contingent on Sufficient Appropriations
Status: in_force

Funding for the clearinghouse program shall be from separate appropriations provided to the Alabama Public Library Service in a program entitled “Alabama Clearinghouse for State Publications.” This article shall not be implemented until the Alabama Public Library Service has determined that sufficient funds have been appropriated for its implementation.
Ala. Code § 41-4-16 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-16
Section 41-4-16 Consent of Department Prerequisite to Issuance of Securities by State Commissions, Authorities, Etc.; Exceptions
Status: in_force

No bonds or other evidences of indebtedness of any commission or authority created to construct or reconstruct highway bridges, approaches and appurtenances thereto, any state rural electrification authority, any electric membership corporation, any power district, or any improvement authority shall be issued or sold until the consent to the issuance and sale thereof shall have been given by the Department of Finance, to be evidenced by the written approval of the Director of Finance. Such consent shall be granted only after a public hearing and after a petition requesting such consent has been duly filed by the corporation, authority, district, commission, or other body seeking such consent with the department more than five days before the public hearing. The petition shall specify the plan or program of the body seeking the consent and the uses to which it is proposed to put the proceeds of the issue and the other matters as are necessary to fully advise the department of the nature of the proposed project, and the petition shall include such other information as may be required by the rules of the department. The Department of Finance shall grant consent only after it finds that the issue or sale serves some public need and is in the public interest. It shall be unlawful for the body seeking such consent or anyone to use the proceeds of any such issue or sale contrary to the plan and purposes presented to the department in obtaining its consent thereto. This section shall not apply to any bonds or other evidence of indebtedness issued by any municipality, or any agencies, bureaus, or commissions thereof, nor any municipal, county, or regional housing authority.
Ala. Code § 41-28-1.1 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-1.1
Section 41-28-1.1 Legislative Findings
Status: in_force

(a) The Legislature finds and declares:

(1) The streamlining and consolidation of governmental functions is a priority and is of great importance to the economic well-being of the State of Alabama, to its citizens, and to ensuring appropriate and responsible use of taxpayer funds.

(2) The Office of Information Technology was created in furtherance of the goal to streamline information technology in the state.

(3) Effective utilization of information technology is paramount to reducing the cost of governmental operations and to serving the citizens of the state.

(4) Excellence in support for all state agency information technology needs is critical to serving the people of Alabama.

(b) To implement the findings in subsection (a), the purpose of Act 2017-282 is to transfer the responsibility and authority for information technology service delivery from the Department of Finance to the Office of Information Technology.
Ala. Code § 41-10-820 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-820
Section 41-10-820 Leglislative Findings
Status: in_force

The Legislature finds and declares all of the following:

(1) The federal Small Business Innovation Research and Small Business Technology Transfer Research programs encourage innovative small businesses to engage in research that has the potential for technological innovation and commercialization.

(2) Stimulating research and commercialization will grow the Alabama economy by leveraging investment, creating exportable products and services, and creating and retaining high wage jobs in both moderately and highly skilled occupations.

(3) This state is not meeting its full potential in terms of the number and amount of federal Small Business Innovation Research and Small Business Technology Transfer Research awards.

(4) An inducement, in the form of a matching grants program, is needed to encourage Alabama businesses to apply for federal Small Business Innovation Research or Small Business Technology Transfer Research awards, or both, and to realize the economic benefits of commercialized research.
Ala. Code § 41-4-351 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-351
Section 41-4-351 Definitions
Status: in_force

For the purposes of this article, real property shall mean all real property and all interests pertaining thereon, now or hereafter owned, leased, or otherwise possessed, by the State of Alabama, its departments, board, bureaus, commissions, institutions, corporations, agencies and other state entities, and used for government purposes, unless specifically excluded by other provisions of this article.
Ala. Code § 41-14-35 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-35
Section 41-14-35 Security for Deposits or Accounts
Status: in_force

(a) All public deposits, as defined in Chapter 14A, of the state shall be secured to the extent and in the manner provided in Chapter 14A by any combination of the following securities and instruments, which may be issued and held in either definitive or book-entry form: Direct obligations of the State of Alabama or any other state of the United States; obligations of the United States government or that are fully guaranteed as to payment of principal and interest by the United States; obligations issued or guaranteed by any agency or instrumentality of the United States, including, without limitation, the Government National Mortgage Association or any successor thereto, any Federal Farm Credit Bank or any successor thereto, the Federal Housing Finance Board or any successor thereto, the Federal Home Loan Bank System or any successor thereto, or any Federal Home Loan Bank or any successor thereto; debt obligations, including, without limitation, participation certificates of the Federal Home Loan Mortgage Corporation or any successor thereto or of the Federal National Mortgage Corporation or any successor thereto; subject to the approval of the State Treasurer and compliance with all related requirements, conditions, and procedures established by the State Treasurer or the Board of Directors of the SAFE Program established under Chapter 14A, irrevocable, unconditional letters of credit issued by any Federal Home Loan Bank on behalf of a qualified public depository and naming the State Treasurer as beneficiary; any direct obligations of any agency, political subdivision, or instrumentality of the State of Alabama, including, without limitation, any direct obligation of any county or municipality, which carries the full faith and credit of the issuing entity; general obligations of any county, municipality, agency, political subdivision, or instrumentality of any of the various other states of the United States, which have a rating of “A2” or better by Moody’s Investors Service (or any successor to that firm) or of “A” or better by Standard & Poor’s (or any successor to that firm) or Fitch Ratings (or any successor to that firm); any revenue obligation issued by the State of Alabama or any agency, political subdivision, instrumentality, county, municipality, or district thereof, or by any authority, board, or public corporation of the State of Alabama or any such agency, political subdivision, instrumentality, county, municipality, or district, payable from designated taxes or from revenues or other limited or special sources of funds derived from any public facility or project which either (1) has a current rating of “A2” or better by Moody’s Investors Service (or any successor to that firm) or of “A” or better by Standard & Poor’s (or any successor to that firm) or Fitch Ratings (or any successor to that firm), or (2) has an average annual debt service coverage of at least two times; and mortgage-backed securities, collateralized mortgage obligations, and asset-backed securities (excluding, however, mortgage-backed securities, collateralized mortgage obligations, and asset-backed securities constituting inverse floaters, interest-only strips, principal-only strips, or similar leveraged derivative instruments), issued by any public entity or organization, quasi-public entity or organization, or private entity or organization, provided that, except in the case of mortgage-backed securities, collateralized mortgage obligations, and asset-backed securities issued by an agency or instrumentality of the United States or any federally chartered or sponsored quasi-public entity or organization (including the Federal National Mortgage Corporation or the Federal Home Loan Mortgage Corporation), such securities or obligations shall have a current rating of “Aaa” by Moody’s Investors Service (or any successor to that firm) or of “AAA” by Standard & Poor’s (or any successor to that firm) or Fitch Ratings (or any successor to that firm). All securities and other collateral shall be held in accordance with the requirements of Chapter 14A of this title, provided, however, any provisions of Chapter 14A notwithstanding, any Federal Home Loan Bank letters of credit accepted by the State Treasurer as collateral shall be held by the State Treasurer rather than a third-party custodian and may be drawn by the State Treasurer when necessary to satisfy losses to public depositors under Chapter 14A.

(b) No security shall be required for the amount of any deposit or account to the extent said deposit or account is insured by the Federal Deposit Insurance Corporation or any successor federal insurance corporation or agency.

(c) In accordance with subdivision (9) Section 41-14A-2, the types of securities and instruments that are eligible under or pursuant to this section to secure state money deposited in state depositories shall be eligible collateral for purposes of Chapter 14A and all qualified public depositories holding public deposits of any covered public entities or covered public officials, as such terms are defined in Chapter 14A, shall be required to pledge collateral, to the extent and in the manner specified in Chapter 14A, that complies with the requirements of this section. Notwithstanding the foregoing, the State Treasurer is authorized to disapprove any security or instrument offered or pledged as collateral under this section or under any provisions of Chapter 14A, including, without limitation, in any circumstance in which the State Treasurer determines that the security or instrument is not sufficiently marketable.
Ala. Code § 41-10-301 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-301
Section 41-10-301 Purpose of Article and Construction
Status: in_force

It is the intent of the Legislature, by the passage of this article, to authorize the incorporation of a public corporation for the purposes of acquiring land, constructing and equipping facilities, leasing such facilities to the commission (or others, to the extent provided for herein), and providing financing therefor, and to vest such corporation with all powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish such purposes. This article shall be liberally construed in conformity with the purpose herein stated.
Ala. Code § 41-10-172 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-172
Section 41-10-172 Pay, Emoluments, and Expenses of Members of the Authority
Status: in_force

No member of the authority shall receive any pay or emolument other than his or her expenses incurred in the discharge of his duties as a member of the authority, which expenses shall be paid in the amounts provided for by the Code of Alabama 1975. All such expenses shall be paid from the funds of the authority.
Ala. Code § 41-14A-9 — Alabama Code / Title 41 / Chapter 14A / Section 41-14A-9
Section 41-14A-9 Procedures for Payment of Losses
Status: in_force

(a) When the State Treasurer becomes aware that a default or insolvency has occurred, the State Treasurer shall provide notice as required in subsection (b) and implement the following procedures:

(1) The State Treasurer shall obtain information from the Superintendent of Banks of the State Banking Department or the receiver of the qualified public depository in default in order to ascertain the amount of funds of each public depositor on deposit at such depository and the amount of deposit insurance applicable to such deposits.

(2) The potential loss to public depositors shall be calculated by compiling claims received from public depositors. The State Treasurer shall validate claims of public depositors who filed claims under subsection (b) and which have been confirmed under subdivision (1).

(3) The loss to public depositors shall be satisfied, insofar as possible, first through any applicable deposit insurance and then through the sale of securities pledged by the defaulting depository. If the loss to public depositors is not covered by insurance or the proceeds of the sale, coverage of the remaining loss shall be provided by assessment against the other qualified public depositories following the expiration of the 120-day period for the filing of claims by public depositors. However, if the sale of securities cannot be accomplished within seven days following the expiration of the 120-day period for the filing of claims by public depositors, the State Treasurer may proceed with the assessment for qualified public depositories. The assessment for each qualified public depository shall be determined by multiplying the total amount of any remaining loss to all public depositors by a percentage which represents the average monthly balance of public deposits held by each qualified public depository during the previous 12 months or, in the event a qualified public depository shall have participated in the program for less than 12 months, the qualified public depository’s average monthly balance for the month or months during which the qualified public depository shall have held any public deposits, divided by the total average monthly balances of public deposits held by all qualified public depositories, excluding those of the defaulting or insolvent depository, during the same period.

(4) Each qualified public depository shall pay its assessment to the State Treasurer for deposit to the Loss Payment Fund within seven business days after it receives notice of the assessment. If a depository fails to pay its assessment when due, the State Treasurer shall satisfy the assessment by selling securities pledged by that depository.

(5) The State Treasurer shall distribute the funds to the public depositors of the qualified public depository in default according to their validated claims. At the discretion of the State Treasurer, the State Treasurer may make partial payments to public depositors that have experienced a loss of public funds which is critical to the immediate operations of the public entity.

(6) Public depositors receiving payment under the provisions of this section shall assign to the Loss Payment Fund any interest they may have in funds that may subsequently be made available to the qualified public depository in default. If the qualified public depository in default or its receiver provides the funds to the State Treasurer for the account of the Loss Payment Fund, the State Treasurer shall distribute the funds, plus all accrued interest which has accumulated from the investment of the funds, if any, to the depositories which paid assessments on the same pro rata basis as the assessments were paid. If the board of directors deems it prudent to do so, the board of directors may authorize the State Treasurer to enforce any or all claims, or take any other action, against a defaulting or insolvent qualified public depository or third party to recover all or part of any losses to any public depositor or assessments against any other qualified public depositories. Action or inaction by the board of directors or the State Treasurer will not impair the rights that any public depositor or qualified public depository may have against a defaulting or insolvent qualified public depository or any third party.

(7) Expenses incurred by the board of directors, the State Treasurer, or their agents in connection with a default or insolvency that is not normally incurred in the administration of the SAFE Program shall be paid out of the proceeds from the sale of the pledged collateral.

(b) Upon determining the default or insolvency of a qualified public depository, the State Treasurer shall provide notice of such default or insolvency to all public depositors of such qualified public depository the identity of which is reflected in the board’s or the qualified public depository’s records, “known public depositors,” which notice, the “first notice,” shall be provided by certified or registered mail to the last address for each such public depositor reflected in the qualified public depository’s records and shall specify that public depositors having claims or demands against the funds occasioned by the default or insolvency must file their claims with the State Treasurer within 120 days after the date of the notice. In the case of any known public depositor which has not filed a claim with the State Treasurer within 45 days after the date of the first notice, the State Treasurer shall mail a second notice, the “second notice,” by certified or registered mail to the last address for such known public depositor reflected in the qualified public depository’s records, which second notice shall specify the date by which claims must be filed with the State Treasurer. The second notice shall be mailed by the State Treasurer not more than 55 days after the date of the first notice. Contemporaneously with the mailing of the first notice and the second notice, the State Treasurer shall provide to the judge of probate of each county of the state and publish in a newspaper of general circulation a notice, which notice shall identify the defaulted or insolvent qualified public depository, the date before which public depositors must file claims with the State Treasurer under this chapter, and requesting that the judge of probate provide copies of such notice to each covered public entity within the judge of probate’s county. The judge of probate of the various counties of this state shall promptly endeavor to provide copies of said notices to each covered public entity in the judge of probate’s county which is known to the judge of probate, but in no event shall the judge of probate be liable for the failure of any covered public entity to receive copies of said notices.

(c) No claim against the Loss Payment Fund is binding on the State Treasurer or the Loss Payment Fund unless presented within 120 days after the date of the first notice.

(d) Nothing contained in this chapter shall affect any proceeding to:

(1) Enforce any real property mortgage, chattel mortgage, security interest, or other lien on property of a qualified public depository that is in default or insolvency.

(2) Establish liability of a qualified public depository that is in default or insolvency to the limits of any federal or other casualty insurance protection.
Ala. Code § 41-5A-7 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-7
Section 41-5A-7 Assistant Chief Examiner
Status: in_force

(a) The chief examiner, with the approval of the Legislative Committee on Public Accounts, may appoint an assistant chief examiner, who shall exercise any and all authority and perform any and all duties as the chief examiner may prescribe.

(b)(1) Subject to the requirement in subdivision (2), the assistant chief examiner shall be selected with consideration of his or her training, experience, capacity, and fitness for the duties as assistant chief examiner.

(2) If the chief examiner is not a certified public accountant licensed in this state, the assistant chief examiner shall be a certified public accountant licensed in this state.

(3) The assistant chief examiner shall be in the unclassified service.
Ala. Code § 41-9-493 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-493
Section 41-9-493 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 § 41-10-305 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-305
Section 41-10-305 Members; Officers; Directors; Quorum; Vacancies; Salaries and Expenses; Liability
Status: in_force

The applicants named in the application and their respective successors in office shall constitute the members of the authority. At the time of initial selection by the commission of the individual citizens to incorporate the authority pursuant to Section 41-10-302, the commission shall designate one of such persons to serve an initial term of two years, one to serve an initial term of four years, and one to serve an initial term of six years. Each succeeding appointment of a member of the authority thereafter shall be for a term of six years. The members shall be eligible to succeed themselves. The members shall select from among themselves a president of the authority, a secretary of the authority, and a treasurer of the authority. The members of the authority shall constitute all the members of the board of directors of the authority, which shall be the governing body of the authority. A majority of the members of the said board of directors shall constitute a quorum for the transaction of business. Upon the expiration of the term of office of any member of the authority or in the event any member of the authority ceases to be a member of the authority, by reason of death, resignation, removal of his or her residence from the State of Alabama, or for any other reason, then the commission shall, with the concurrence of the Governor, select a successor in office to take his or her place as a member of the authority. No member, officer or director of the authority shall draw any salary for any service he or she may render or for any duty he or she may perform in connection with the authority, but may be reimbursed by the authority for reasonable expenses incurred in carrying out the business of the authority. No member, officer, director, or employee of the authority shall be personally liable for any debt, obligation, or liability of the authority.
Ala. Code § 41-7-5 — Alabama Code / Title 41 / Chapter 7 / Section 41-7-5
Section 41-7-5 Contracts and Agreements with Southern Travel Directors Council
Status: in_force

The director may, with the approval of the Governor, enter into contracts and agreements with the organization known as the Southern Travel Directors Council, a regional travel advertising and promotion agency, for the purpose of expanding and extending the state’s tourist advertising program. The director may, with the Governor’s approval, spend a sum not exceeding $15,000.00 per annum for the support of the council, such expenditures to be made from legislative appropriations for tourist advertising.
Ala. Code § 41-9-247 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-247
Section 41-9-247 Executive Director
Status: in_force

The commission may employ an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly to the commission for the general supervision and execution of the work of the commission. The commission shall fix his or her compensation, with the approval of the Governor and the State Personnel Board, the same to be paid from the funds of the commission, and shall further designate his or her duties and authority.
Ala. Code § 41-9-374 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-374
Section 41-9-374 Annual Dues Requirement; Reimbursement of Expenses
Status: in_force

(a) The Commission on Uniform State Laws shall annually present its dues requirement to the Legislative Council for payment.

(b) Reimbursement of members of the commission for their necessary expenses in attending the meeting of the National Conference of Commissioners on Uniform State Laws shall be the obligation of the body or agency the member represents or by the appointing authority in the case of individuals who are not public officials or public employees. No reimbursement of expenses shall be made for life members who are no longer otherwise public officials or public employees.