Ala. Code § 41-10-624 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-624
Section 41-10-624 Members, Officers, and Directors
Status: in_force

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the president of the authority, the state Commissioner of Revenue shall be the vice president, and the Director of Finance shall be the secretary. The State Treasurer shall act as custodian of the authority’s funds, and shall pay, out of appropriated funds and any other monies and property available to the authority, debt service referable to bonds of the authority issued pursuant to this division. The members of the authority shall constitute all of the directors of the authority, and any two directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold the office by reason of death, resignation, expiration of the term of office, or for any other reason, then his or her successor in office shall take the place as an officer and member of the directors of the authority. No officer or director of the authority shall receive any salary in addition to that now authorized by law for any service rendered or for any duty performed in connection with the authority. All proceedings had and done by the directors shall be reduced to writing by the secretary of the authority, shall be signed by at least two directors present at the proceedings, and shall be recorded in a substantially bound book and filed in the office of the Secretary of State. Copies of the proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
Ala. Code § 41-10-758 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-758
Section 41-10-758 Creation of Special Fund
Status: in_force

For the benefit of the State of Alabama and the citizens thereof, there is hereby created a special fund named the BP Settlement Fund which shall be funded with BP settlement revenues and administered in accordance with this article. All BP settlement revenues received after September 30, 2017, shall be deposited in the special fund upon receipt and shall be used first to pay principal, interest, and premium, if any, and any other amounts due on or with respect to the bonds of the authority. Any BP settlement revenues determined by the directors of the authority to be in excess of the amounts needed for the payment of all amounts due with respect to the bonds, may be withdrawn from the special fund and used to pay costs and expenses incident to the issuance of the bonds, including costs and expenses incurred by the Department of Finance in the administration of the bonds, may be transferred to and deposited in the Alabama Trust Fund or the General Fund Rainy Day Account, to provide additional funds to the Alabama Medicaid Agency, or may be applied to pay the costs of transportation projects.

Pending the use of revenues in the special fund for the payment of debt service on the bonds, such revenues shall be invested by the State Treasurer in permitted investments until such revenues are needed for such purposes. Earnings on such permitted investments shall remain a part of the special fund.
Ala. Code § 41-9-174 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-174
Section 41-9-174 Formulation by Director of Thermal and Lighting Efficiency Guidelines Applicable to All New and Renovated Buildings
Status: in_force

The commission also shall cause the director to formulate guidelines for thermal and lighting efficiency applicable to all new and renovated buildings, whether such buildings are state funded or not, and the manner of implementation therefor.
Ala. Code § 41-23-130 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-130
Section 41-23-130 Definitions
Status: in_force

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

(1) INLAND PORTS. Inland ports, including ports owned or operated by the Alabama State Port Authority, are physical sites located away from traditional land, air, and coastal borders with the vision to facilitate and process international and domestic trade through strategic investment in multi-modal transportation assets and by promoting value-added services as goods move through the supply chain. The term specifically excludes the Port of Mobile.

(2) INTERMODAL FACILITY. A transportation element that accommodates and interconnects different modes of transportation and serves intrastate, interstate, and international movement of people and goods and facilitates the movement of goods on two or more modes involving either direct transfer or intermediate storage.

(3) PORT FACILITY. Any authority, municipality, county, or publicly owned inland port through which cargo is transported by way of waterborne ship, barge, or railroad, to or from destinations inside or outside this state and which handles cargo owned by third parties.
Ala. Code § 41-10-150 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-150
Section 41-10-150 Dissolution of Authority; Title to Property Vests in State
Status: in_force

At any time when no bonds or obligations assumed by an authority are outstanding, the board of directors of an authority may adopt a resolution, which shall be entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of the said resolution in the office of the Secretary of State, the authority shall thereupon stand dissolved and, in the event it owned any property at the time of its dissolution, the title to all of its properties shall thereupon pass to and vest in the state.
Ala. Code § 41-10-590 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-590
Section 41-10-590 Legislative Findings
Status: in_force

The Legislature finds and declares the following: That the State of Alabama places a high priority on the recruitment of industries to locate or expand their operations in Alabama; that it is a vital economic development tool for the state to be able to offer strategic incentives to such industries in the form of limited financial commitments; that the Alabama Incentives Financing Authority has heretofore been created for the purpose of funding such financial commitments made prior to July 20, 1995; and that by the passage of Act 99-198 of the 1999 Regular Session it is the intention of the Legislature to enable the authority to meet commitments made by the state to industries committing to locate or expand in the state after such date and, further, to enable the authority to lease or convey title to worker training facilities to the Alabama Public School and College Authority and to the Alabama Industrial Development Training Institute.

The Legislature further finds and declares that the State of Alabama has a critical need (i) to test the state’s computer hardware, firmware, and software systems to determine whether such systems are Y2K compliant and (ii) to implement modifications to or replacement of all or part of such systems so as to cause them to become Y2K compliant without creating new errors or side effects; that the cost to the state of making such systems Y2K compliant is more than it is desirable for the state to pay out of current General Fund revenues; that it is necessary and in the public interest for the Alabama Incentives Financing Authority to be given the power to issue bonds in order to fund such expenditures and to pledge for payment of such bonds the funds appropriated to the authority pursuant to Section 41-10-550 and Section 41-10-570.

Therefore, the Legislature finds that it is desirable and appropriate to grant to the Alabama Incentives Financing Authority sufficient powers to accomplish the goals and objectives set forth herein. Act 99-198 of the 1999 Regular Session shall be liberally construed in accordance with its remedial purposes.
Ala. Code § 41-4-15 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-15
Section 41-4-15 Use of Funds in Sinking Fund - Sinking Fund Not to Be Diverted from Its Object
Status: in_force

This article is not intended and shall not be executed, enforced, or construed so as to allow any diversion or conversion of any particular sinking funds, or part thereof, from the object and purpose for which such particular fund or part thereof was created, but they shall be executed and enforced so as to enhance and increase the value of all sinking funds and to apply each particular fund and the increased value or interest accruing therefrom to the prompt and faithful payment of the particular indebtedness or obligation for which the fund was created, and no sinking funds or any part thereof shall be devoted to any other use or purpose than that for which it was created and provided.
Ala. Code § 41-4-37 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-37
Section 41-4-37 Creation of Additional Divisions in Department; Assignment of Functions and Duties of Divisions
Status: in_force

With the approval of the Governor, the Director of Finance may create and establish such additional divisions as may be determined to be necessary or convenient in the efficient and expeditious performance of the functions and duties of the Department of Finance and assign functions and duties for such divisions, and he or she may, with the approval of the Governor, reassign functions and duties as between existing divisions. Chiefs of such new divisions shall be appointed by the Director of Finance, with the approval of the Governor, subject to the provisions of the Merit System.
Ala. Code § 41-15-11 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-11
Section 41-15-11 Limitations Upon Expenditure of Funds; Employees Subject to Merit System
Status: in_force

No part of the funds provided for in Section 41-15-10 shall be used to increase the salary of any state employee. Only the salary of the designated risk manager, stenographic secretary, inspector, clerical force, and such other employees and expenses as may be necessary for the efficient administration of the provisions of this chapter shall be paid from these funds. Such expenditures shall be limited to that amount appropriated by the Legislature.

All employees as provided in this section shall be subject to the Merit System Act.
Ala. Code § 41-10-20 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-20
Section 41-10-20 Definitions
Status: in_force

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

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

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

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

(4) GRANTEE. A county, municipality or local industrial development board organized as a public corporation in this state, or an airport authority organized as a public corporation in this state pursuant to Chapter 3 of Title 4, or whether created by general, special, or local laws, or general acts of local application, if such authority governs an airport operated by a county and at least one municipality therein jointly, to which a grant of money is made as provided in Section 41-10-26.

(5) INDUSTRIAL SITES. Land owned by a grantee or potential grantee on which industrial facilities have been or will be constructed for sale or lease to an individual, private association or private corporation.

(6) NOMINAL TRANSFEREE. Any person to whom a grantee transfers one or more industrial sites or any part of any thereof for less than fair market value and any person who derives title to such industrial sites or any part of any thereof through such a transferee.

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

(8) PREPARATION OF INDUSTRIAL SITES. The grading and draining of industrial sites and the means of access thereto.

(9) STATE. The State of Alabama.
Ala. Code § 41-9-982 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-982
Section 41-9-982 Commission - Composition
Status: in_force

(a) The commission shall be composed of 20 members as follows:

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

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

(3) The State Superintendent of Education.

(4) Five representatives from the Postsecondary Education System appointed by the State Board of Education.

(5) Twelve members of the public appointed by the Governor. The public members shall be residents of Alabama, with broad geographic representation, who have a personal interest or experience in the Holocaust or other genocide or human rights issue; have experience in the field of Holocaust education; or are liberators of victims of the Holocaust.

(b) Each public member of the commission shall serve for a term of three years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. All other members shall serve indefinitely at the pleasure of the appointing authority.

(c) The members of the commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties in accordance with the comprehensive state travel regulations.

(d) The Governor shall appoint the chair of the commission to serve a three-year term. The commission shall meet upon the call of the chair or of a majority of commission members, but not less than four times per year. The presence of a majority of the authorized membership of the commission shall be required for the conduct of official business.

(e) The commission shall appoint an executive director, who shall serve at the commission’s pleasure and shall be a person qualified by training and experience to perform the duties of the office.
Ala. Code § 41-9-716 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-716
Section 41-9-716 Annual Report
Status: in_force

The commission shall prepare and submit a written annual report to the Governor and the Legislature. The report will become a matter of public record and will be maintained in the state Department of Archives and History.
Ala. Code § 41-9-663 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-663
Section 41-9-663 Payment of Clerical Expenses, Etc.; Cooperation and Assistance of Officers, Departments and Agencies of State
Status: in_force

(a) The necessary clerical and other expenses of the commission shall be paid in the same manner as provided in Section 41-9-662 for the payment of expenses of members, consultants, or officers of the commission.

(b) All officers, departments, and agencies of the state government shall cooperate with the commission and, when requested by the commission, render to it such assistance as the officer, department, or agency can without interfering with the discharge of its other regular duties.
Ala. Code § 41-9-511 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-511
Section 41-9-511 Meetings; Officers
Status: in_force

The committee shall meet at the State Capitol building at least twice each year, one of which said meetings shall be designated as the annual meeting. The committee at its organizational meeting shall elect a chair and secretary. Said officers shall serve terms of one year each and until their successors are elected and take office.
Ala. Code § 41-10-136 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-136
Section 41-10-136 Definitions
Status: in_force

The following words and phrases used in this article and others evidently intended as the equivalent thereof shall, in the absence of clear implication in this article otherwise, be given the following respective interpretations:

(1) APPLICANT. A natural person who files a written application with the Governor in accordance with the provisions of Section 41-10-138.

(2) AREA OF OPERATION. The area specified in the certificate of incorporation of an authority, within which the authority is empowered to carry on its business and activities under this article.

(3) AUTHORITY. A public corporation organized pursuant to the provisions of this article.

(4) BOARD. The board of directors of an authority.

(5) BONDS. Includes bonds, notes, debentures, and certificates representing an obligation to pay money.

(6) COMMISSION. The Alabama Historical Commission, an agency of the state established under Section 41-9-240.

(7) COUNTY. Any county in this state.

(8) DIRECTOR. A member of the board of directors of an authority.

(9) INCORPORATORS. The persons who form an authority pursuant to this article.

(10) MUNICIPALITY. Any incorporated city or town in this state.

(11) NATIONAL REGISTER OF HISTORIC PLACES. The national register of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology, and culture maintained by the Secretary of the Interior pursuant to the laws of the United States of America, including particularly the National Historic Preservation Act of 1966, as amended.

(12) PERSON. Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a partnership, an association, a municipality, a county, or an agency, department or instrumentality of this state or of a county or municipality.

(13) PROPERTY. Includes real, personal, and mixed property and interests therein.

(14) STATE. The State of Alabama.

(15) VICINITY IMPROVEMENTS. Buildings, facilities and improvements for the accommodation of visitors to any facility owned by an authority which is registered in the National Register of Historic Places including, without limitation, motels, restaurants, coffee shops, stores to provide gifts and souvenir items, picnic areas, camp sites, trailer sites, cabins, lodges, parking lots, museums, exhibition and lecture rooms and areas, comfort stations, meeting halls, pavilions, centers for cultural entertainment, exhibitions and exhibits, and administrative or office buildings; provided that nothing contained in this article is intended to authorize any authority itself to operate as a commercial enterprise any such motel, restaurant, shop, or store; and provided further that all such buildings, facilities, and improvements are located within one-fourth of one mile of the facility registered in the National Register of Historic Places which is owned or operated or controlled by an authority, and within the area of operation of such authority.
Ala. Code § 41-9-784 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-784
Section 41-9-784 Additional Authority and Power
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-4-162 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-162
Section 41-4-162 Suspension or Debarment of Persons or Entities
Status: in_force

(a) After reasonable notice to the person or entity involved and reasonable opportunity for that person or entity to be heard, the Chief Procurement Officer, after consultation with the using agency, may do either of the following:

(1) Terminate existing contracts and debar a person or entity for cause from consideration for award of contracts. The debarment may not be for a period of more than three years.

(2) Suspend a person or entity from consideration for award of contracts if there is probable cause for debarment. The suspension may not be for a period exceeding three months.

(b) The Chief Procurement Officer may suspend or debar a person from consideration for award of contracts under subsection (a) for any of the following:

(1) Conviction of a criminal offense that is in connection with obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract.

(2) Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty as a state contractor.

(3) Conviction under state or federal antitrust law arising out of the submission of bids or proposals.

(4) Violation of a contract provision of a character that is regarded by the Chief Procurement Officer to be so serious as to justify debarment action, including either of the following:

a. Deliberate failure, without good cause, to perform in accordance with the specifications or within the time limit provided in the contract.

b. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts that was not caused by acts beyond the control of the contractor.

(5) Violation of the ethical standards set forth in Chapter 25 of Title 36.

(6) Violation of an order of the Chief Procurement Officer.

(7) Any other cause the Chief Procurement Officer determines to be serious and egregious misconduct.

(c) Any decision by the Chief Procurement Officer to debar or suspend a person shall be in writing. The writing shall state the reasons for the action taken.

(d)(1) A copy of the decision made under subsection (c) shall be mailed or otherwise furnished immediately to all of the following:

a. The debarred or suspended person.

b. Any other party intervening.

c. All state procurement officials governed by this article with contracting authority who shall decide whether the suspension or debarment warrants termination of existing contracts with the suspended or debarred person or entity.

(2) Contracts may not be awarded to the suspended or debarred person during the suspension or debarment period established by the Chief Procurement Officer.

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

(f) The Chief Procurement Officer shall maintain a list of suspended or debarred persons or entities and make it reasonably available for inspection.
Ala. Code § 41-9-335 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-335
Section 41-9-335 Created; Composition; Powers and Duties
Status: in_force

(a) A board of trustees to be known as the St. Stephens Historical Commission is hereby authorized to be appointed and established for the purpose of acquiring, maintaining, protecting, and promoting certain properties of historical interest at St. Stephens, in Washington County, in the general vicinity of the site of the first territorial capital of Alabama. The board shall be comprised of 11 members, and the first five enumerated appointees designated herein shall serve for terms of two, three, four, five, and six years, respectively, with subsequent appointees serving for terms of six years. The four board members appointed by the legislative delegation representing Washington County pursuant to subsection (b), including the initial appointees, shall serve terms of six years. At least one of the four new members appointed by the Washington County Legislative Delegation shall be African American. The ex officio board member shall serve a term on the board concurrent with the serving of the term of the elected public office.

(b) The Board of Trustees of the St. Stephens Historical Commission shall consist of the following members:

(1) Two members appointed by the Governor.

(2) One member appointed by the Alabama Historical Commission.

(3) Two members appointed by the Washington County Historical Society.

(4) One member appointed by the Washington County Commission.

(5) Four members appointed by the legislative delegation representing Washington County.

(6) One ex officio, full member who shall be the member of the Alabama House of Representatives representing the geographical community of St. Stephens in Washington County.

(c) The trustees shall serve without compensation other than payment of a per diem allowance and travel expenses in attending meetings of the board or in performing any actual service under the direction of the board. The expenses shall be paid in amounts prescribed in Article 2 of Chapter 7 of Title 36, and shall be payable out of any appropriation, donation, or grant, by a check drawn upon a bank account of the commission, after payment for the expenses has been approved by the board of trustees or the treasurer thereof.

(d) The board, within its discretion, may acquire title, possession, or control of properties and also of objects of historic interest at St. Stephens as it may deem necessary or proper to be constructed, reconstructed, maintained, preserved, and protected on behalf of the State of Alabama, mark in a suitable manner the places or locations of historic interest at such point, and prepare and publish for distribution pamphlets or other printed matter with respect thereto. The expenses incurred for these purposes by the board of trustees shall be paid out of the appropriation upon a check drawn on the bank account of the commission, supported by an itemized account thereof approved by the board of trustees or the treasurer thereof.

(e) The board shall hold an annual meeting at St. Stephens in Washington County each September on a day designated by the chair. Six members shall constitute a quorum for the transaction of business. Additional meetings may be held at such times and places within the state as may be necessary, desirable, or convenient, upon call of the chair or, in the case of his or her absence or incapacity, of the vice chair, or on the call of any five members of the board.

(f) The board shall determine and establish its own procedure in accordance with this division, and shall have an official seal.

(g) The board shall elect its chair, its vice chair, its secretary, and its treasurer, and these officers shall hold office for a period of two years or until a successor is elected. The board may require that the treasurer be bonded in an amount to be determined by the board.

(h) The board may appropriate and expend funds and cooperate financially and otherwise with the Washington County Historical Society, the County of Washington, and any other historical organization, county, or municipality in this state to acquire, establish, maintain, and promote historical sites in and around the present community of St. Stephens, in the vicinity of the first territorial capital of Alabama.

(i) The board shall promulgate rules and regulations having the force and effect of law governing its operations and activities, including, but not limited to, the management of any real property under its jurisdiction and providing for fines for certain violations. Violations of specified rules and regulations shall be a Class C misdemeanor. The board is further authorized to hire law enforcement officers to enforce the rules and regulations, as well as enforce all other laws and regulations as necessary or appropriate. The law enforcement officers shall have the general law enforcement authority of other peace officers of the State of Alabama and shall be required to meet the minimum standards of law enforcement officers as provided by the Alabama Peace Officers Standards and Training Commission or other standards as may be hereafter provided by law.
Ala. Code § 41-9-714 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-714
Section 41-9-714 Authority to Receive Gifts, Etc
Status: in_force

The commission is authorized to receive, and hold, gifts, devises, bequests of money, real estate, and other things of value to be used in the support and development of its work for the commission.
Ala. Code § 41-10-625 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-625
Section 41-10-625 Powers of the Authority
Status: in_force

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

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

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

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

(4) To establish a fiscal year.

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

(6) To sell and issue bonds in limited amounts as provided in this division and for the purpose of promoting economic development and industrial recruitment as specified by the Legislature by separate act thereof.

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

(8) To receive and deposit the tobacco revenues into the special fund to invest such tobacco revenues in the manner provided in this division, to apply such tobacco revenues to payment of bonds issued by the authority in the manner provided in this division, and to transfer funds from the special fund to fund accounts in the State Treasury, including the Children First Trust Fund, Alabama Senior Services Trust Fund, and the State General Fund, as required by law.

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

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

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

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

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

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

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

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

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

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

(19) To adopt and promulgate administrative regulations necessary or appropriate to effectuate its purposes and to administer the programs herein authorized.
Ala. Code § 41-9-491 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-491
Section 41-9-491 Appointment, Terms of Office and Qualifications Generally of Members
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 § 41-14-34 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-34
Section 41-14-34 How Interest on Time Deposits, Open Account, Calculated and Paid; Emergency Withdrawal of Funds on Time Deposit, Open Account
Status: in_force

(a) Interest shall be calculated on the basis of the contracts existing with respect to time deposits, open account, and shall be payable monthly to the State Treasurer and by that officer paid into the State Treasury to the credit of the General Fund of the state.

(b) In the event of an emergency, the Treasurer is authorized to comply with applicable banking regulations in order to receive all or any portion of the funds placed on time deposits, open account, on shorter notice than the agreement provides and to forfeit such amount of accrued and unpaid interest as may be required by such regulations.
Ala. Code § 41-15B-4 — Alabama Code / Title 41 / Chapter 15B / Section 41-15B-4
Section 41-15B-4 Permanent Joint Interim Legislative Oversight Committee. (Amended by Act 2026-327)
Status: in_force

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

(a) There is created the Permanent Joint Interim Legislative Oversight Committee of the Children First Trust Fund. The committee shall be composed of three members of each house, to be appointed by the presiding officer of each house. The chair and vice chair of the oversight committee shall be elected at the first meeting by the members of the oversight committee. The oversight committee shall meet as it deems necessary and shall study and oversee all facets of the Children First Trust Fund. The committee shall review each monthly report provided by the council, and may make recommendations as it deems appropriate.

(b) The oversight committee shall consider recommending to the council a comprehensive plan to establish a grants program to assist parents in placing their children in accredited behavior modification programs.

(c) Upon the request of the chair, the Secretary of the Senate and the Clerk of the House shall provide the clerical assistance necessary for the work of the oversight committee.

(d) The oversight committee shall review each community service grant awarded pursuant to this chapter to determine compliance with this chapter and the guidelines established in Chapter 24, the Community Service Grant Program Act of 1989.

(e) Each member of the oversight committee shall be entitled to his or her regular legislative compensation, his or her per diem, and travel expenses for each day he or she attends a meeting of the oversight committee which shall be paid out of any funds appropriated to the use of the Legislature, upon warrants drawn on the state Comptroller upon requisitions signed by the chair of the oversight committee. Notwithstanding the foregoing, no member shall receive additional legislative compensation or per diem when the Legislature is in session or if a member is being paid any other payments on the same dates for attendance of other state business.
Ala. Code § 41-22-3 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-3
Section 41-22-3 Definitions
Status: in_force

The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section, except when the context otherwise requires:

(1) AGENCY. Every board, bureau, commission, department, officer, or other administrative office or unit of the state, including the Alabama Department of Environmental Management, other than the Legislature and its agencies, the Alabama State Port Authority, the courts, the Alabama Public Service Commission, or the State Banking Department, whose administrative procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of trustees of postsecondary institutions, boards of plans administered by public pension systems, counties, municipalities, or any agencies of local governmental units, unless they are expressly made subject to this chapter by general or special law.

(2) COMMITTEE. The Joint Committee on Administrative Rule Review, comprised of the members of the Legislative Council, or any successor of the Joint Committee on Administrative Rule Review.

(3) CONTESTED CASE. A proceeding, including but not restricted to ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing. The term does not include intra-agency personnel actions; and does not include those hearings or proceedings in which the Alabama Board of Pardons and Paroles considers the granting or denial of pardons, paroles, restoration of civil and political rights, or remission of fines and forfeitures.

(4) LICENSE. The whole or part of any agency franchise, permit, certificate, approval, registration, charter, or similar form of permission required by law, but not a license required solely for revenue purposes when issuance of the license is merely a ministerial act.

(5) LICENSING. The agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license or imposition of terms for the exercise of a license.

(6) PARTY. Each person or agency named or admitted as a party or properly seeking and entitled as a matter of right, whether established by constitution, statute, or agency regulation or otherwise, to be admitted as a party, or admitted as an intervenor under Section 41-22-14. The term includes any limited form of participation in agency proceedings authorized by agency rule for persons who are not eligible to become parties.

(7) PERSON. Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

(8) QUORUM. No less than a majority of the members of a multimember agency shall constitute a quorum authorized to act in the name of the agency, unless provided otherwise by statute.

(9) RULE. Each agency rule, regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy, or that describes the organization, procedure, or practice requirements of any agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule or by federal statute or by federal rule or regulation; provided, however, all forms shall be filed with the secretary of the agency and with the Legislative Services Agency, Legal Division, and all forms, except intergovernmental, interagency, and intra-agency forms which do not affect the rights of the public and emergency forms adopted pursuant to Section 41-22-5, shall be published in the Agency Administrative Code. The term includes the amendment or repeal of all existing rules, but does not include any of the following:

a. Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public.

b. Declaratory rulings issued pursuant to Section 41-22-11.

c. Intergovernmental, interagency, and intra-agency memoranda, directives, manuals, or other communications which do not substantially affect the legal rights of, or procedures available to, the public or any segment thereof.

d. Determinations, decisions, orders, statements of policy, and interpretations that are made in contested cases.

e. An order which is directed to a specifically named person or to a group of specifically named persons which does not constitute a general class, and the order is served on the person or persons to whom it is directed by the appropriate means applicable thereto. The fact that the named person who is being regulated serves a group of unnamed persons who will be affected does not make the order a rule.

f. An order which applies to a specifically described tract of real estate.

g. Any rules or actions relating to any of the following:

1. The conduct of inmates of public institutions and prisoners on parole.

2. The curriculum of public educational institutions or the admission, conduct, discipline, or graduation of students of the institutions; provided, however, that this exception shall not extend to rules or actions of the State Department of Education.

3. Opinions issued by the Attorney General of the State of Alabama.

4. The conduct of commissioned officers, warrant officers, and enlisted persons in the military service.

5. Advisory opinions issued by the Alabama Ethics Commission.

6. Hunting and fishing seasons or bag or creel limits adopted by the Commissioner of the Department of Conservation and Natural Resources.

h. Standards, specifications, codes, plans, manuals, and publications used in the design, construction, repair, and maintenance of highways, roads, and bridges under the jurisdiction of the Department of Transportation.
Ala. Code § 41-16-124 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-124
Section 41-16-124 Effect of Article Upon Status of Division Employees
Status: in_force

All personnel, including those on personal service contracts, working within the Surplus Property Division of the Department of Economic and Community Affairs at the passage of this article shall, by virtue of this section, be considered to meet the requirements of the department in terms of education, training, and experience and shall automatically be placed within the state Merit System with permanent status with all the rights and privileges thereof and shall enjoy the same employment and retirement privileges and rights as the Legislature may determine from time to time or as may be otherwise determined by law or administrative rule or regulation according to the rules and regulations of the Personnel Department of the State of Alabama. All new future employees of the Surplus Property Division of the Department of Economic and Community Affairs shall be required to meet the requirements of the state Merit System.

All present employees of the Surplus Property Division of the Department of Economic and Community Affairs shall remain in their respective positions and continue to enjoy employment conditions including, but not limited to, salary range and advancement at a level no less than those enjoyed prior to the enactment of this article. However, nothing herein shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law.
Ala. Code § 41-9-216 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-216
Section 41-9-216 Applicability of Article
Status: in_force

This article shall only apply to those areas within the State of Alabama which qualify as a “low income community” pursuant to Section 45D of the Internal Revenue Code.
Ala. Code § 41-10-137 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-137
Section 41-10-137 Purposes for Which Authorities May Be Formed
Status: in_force

Public corporations may be formed under the provisions of this article as agencies or instrumentalities of this state for any one or more or all of the following purposes:

(1) To undertake and to make or cause to be made engineering, architectural, technical, financial, legal, and other appropriate studies and surveys with respect to restoring, renovating, preserving, improving, protecting, or maintaining any public or private property within the state that has been listed in the National Register of Historic Places, or providing vicinity improvements.

(2) To restore, construct, acquire, own, and operate, singly or in conjunction with others, lease, sell, and otherwise dispose of land, buildings, houses, or other structures, facilities, or property within the state that have been listed in the National Register of Historic Places, and any vicinity improvements.

(3) To cooperate with and lend financial assistance and other aid to persons in any matters and undertakings having to do with or the end purpose of which is to restore, renovate, preserve, improve, protect, or maintain any public or private property that has been listed in the National Register of Historic Places, or to provide vicinity improvements.
Ala. Code § 41-9-68 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-68
Section 41-9-68 Determination of Amount of Injury or Damage and Entry of Award for Payment of Damages Generally
Status: in_force

(a) When claims are properly prepared and presented to the Board of Adjustment and, after ascertaining the facts in the case, it is directed to determine the amount of the injury, death, or disability or other injury or damage arising from contract or business and to fix the damages, using as its guide, when applicable, the ordinary rules of negligence and worker’s compensation laid down by the courts and the moral obligation of the State of Alabama, and to award and find the person entitled to payment and the amount, if any, which should be paid and any other facts necessary for a proper adjustment of claims. The ordinary rules of negligence as to liability are to be followed in claims by parties not employees of the State of Alabama or any of its agencies, commissions, boards, institutions, or departments. The rules of Chapter 5 of Title 25 as to liability are to be followed in claims for the injury or death of convicts, in claims for employment related injury or death of any employee of a city or county board of education, college or university, and in claims for injury or death of any employee of the State of Alabama arising out of employment with the state where the said employee is not covered by an employee injury compensation program.

(b) Whenever the provisions of this division authorize ascertainment of the amount of damages and provide for payment of the judgment, finding or award of the Board of Adjustment, they shall be construed to include also claims arising from contract or business dealings as well as for personal injury, property damage, death, and disability.
Ala. Code § 41-28-17 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-17
Section 41-28-17 Applicability to Certain Entities; Technical Consultation and Procurement; Long-Distance Service
Status: in_force

The provisions of this chapter concerning telecommunications, information technology, or cybersecurity equipment, services, and solutioning shall not apply to any county or city board of education, the Alabama Educational Television Commission, entities that originated within the State Department of Education, the Alabama Community College System, or any public four-year institution of higher education. Upon request, the office may provide technical consultation and procurement services for telecommunications, information technology, or cybersecurity to any county or city board of education, the Alabama Educational Television Commission, the Alabama Community College System, and any public four-year institution of higher education. The county and city boards of education, the Alabama Educational Television Commission, the Alabama Community College System, and public four-year institutions of higher education shall continue to be provided instate and out-of-state long distance voice service by the office, so long as funding is provided to the Telecommunications Revolving Fund from the Education Trust Fund, and shall not be required to pay any additional charge for that service; however, any county or city board of education shall have the option of utilizing the office for instate and out-of-state long distance voice service only if reimbursement for actual costs are remitted to the office.
Ala. Code § 41-9-967 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-967
Section 41-9-967 Commission Defined
Status: in_force

For purposes of this article, “commission” shall mean the commission or the chief staff persons designated by the commission during open meetings.
Ala. Code § 41-14-13 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-13
Section 41-14-13 Deposit of State Funds in Depositaries by State or County Officers Not Required by Article
Status: in_force

Nothing in this article shall be construed as requiring county or state officers to place state funds in state depositaries, and they may pay such funds into the State Treasury as now provided by law.
Ala. Code § 41-10-29 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-29
Section 41-10-29 Disposition of Proceeds from Sale of Bonds and Refunding Bonds
Status: in_force

The proceeds of all bonds, other than refunding bonds, issued by the authority remaining after paying expenses of their issuance shall be deposited in the State Treasury and shall be carried in the State Treasury in a special or separate account. Such funds shall be subject to be drawn upon by the authority with the approval of the president of the authority, but any funds so withdrawn shall be used solely for the purposes for which the bonds were issued as authorized in this article.

The State Treasurer, with the approval of the president of the authority, shall invest funds not needed immediately or within the ensuing 30 days for any purpose for which they are held, which investments shall be made in the manner authorized and provided for in Section 36-17-18.

The proceeds from the sale of any refunding bonds issued under this article remaining after paying the expenses of their issuance shall be used only for the purpose of refunding the principal of outstanding bonds of the authority and of paying any premium that may be necessary to be paid in order to redeem or retire the bonds to be refunded.
Ala. Code § 41-23-271 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-271
Section 41-23-271 Definitions
Status: in_force

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

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

(2) AUTHORITY. The Alabama Digital Expansion Authority.

(3) CONNECT ALABAMA FUND. A fund created within the State Treasury to be administered by the Alabama Digital Expansion Finance Corporation, with funds distributed by the corporation to ADECA for use by the division for the implementation and administration of the statewide connectivity plan.

(4) CORPORATION. The Alabama Digital Expansion Finance Corporation.

(5) DIVISION. The Alabama Digital Expansion Division of ADECA.

(6) END USER. A residential, business, institutional, or government entity that uses broadband services for its own purposes and does not resell the broadband services to other entities.

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

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

(9) PROVIDER-SPECIFIC INFORMATION. Any information given to ADECA or its agents by a broadband service provider that identifies the provider’s location-specific service availability details, construction plans, or business operations details that are not otherwise readily ascertainable by proper means through third parties without substantial effort.

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

(11) UNSERVED AREA. Any area that is determined by the division to not have at least one provider of terrestrial broadband service that offers a connection to the Internet that meets or exceeds the minimum service threshold.
Ala. Code § 41-27-4 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-4
Section 41-27-4 Public Safety Fund
Status: in_force

(a) There is hereby created the Public Safety Fund in the State Treasury. The fund consists of all monies appropriated for support of the functions of the Secretary of the Alabama State Law Enforcement Agency, Department of Public Safety, and the State Bureau of Investigations, including funds transferred to any of the foregoing pursuant to Section 41-27-9. Any monies in the fund from a source that restricts the use of the funds to a certain purpose or that are appropriated for a particular purpose may be expended only for that purpose.

(b) Subject to subsection (a), the Secretary of the Alabama State Law Enforcement Agency may expend monies in the Public Safety Fund for the support of the Secretary, the Department of Public Safety, and the State Bureau of Investigations.
Ala. Code § 41-11-5 — Alabama Code / Title 41 / Chapter 11 / Section 41-11-5
Section 41-11-5 Meetings; Rules and Regulations
Status: in_force

The academy shall meet at least once annually to award new memberships and shall hold such other meetings as necessary to carry out its purpose. The time and place of meetings shall be designated by the executive committee. One-third of the members of the academy shall constitute a quorum for conducting business. The executive committee may make rules and regulations necessary to carry out the purposes and functions of the academy as prescribed in this chapter. No person may be denied membership on the basis of race, religion, gender, place of residence in Alabama, or cultural background.
Ala. Code § 41-10-757 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-757
Section 41-10-757 Disposition of Proceeds of Bonds
Status: in_force

(a) The authority is authorized and empowered to apply the proceeds of any bonds and any other funds belonging to the authority for any of the following purposes or uses:

(1) For the purposes for which the bonds were authorized to be issued, in the following order:

a. To repay the General Fund Rainy Day Account for the $161,565,874 transferred to the State General Fund in fiscal year 2010 pursuant to Amendment 803 to the Constitution of Alabama of 2022.

b. To repay a total of $238,434,126 to the Alabama Trust Fund for amounts transferred to the State General Fund in fiscal years 2013, 2014, and 2015 pursuant to Section 4 of Amendment 856 to the Constitution of Alabama of 2022.

c. To provide one hundred twenty million dollars ($120,000,000) to the Alabama Medicaid Agency to be distributed fifteen million dollars ($15,000,000) in fiscal year 2017 and one hundred five million dollars ($105,000,000) in fiscal year 2018. The Alabama Medicaid Agency shall use these additional funds and other administrative mechanisms to restore physician reimbursements that were reduced on August 1, 2016. Further, the Alabama Medicaid Agency shall ensure that not less than four million dollars ($4,000,000) is allocated for federal matching funds to provide outpatient dialysis care.

d. The remaining proceeds, not to exceed one hundred twenty million dollars ($120,000,000), to supplement existing allocated revenues or any planned revenues, whether federal, state, or local for transportation projects to be distributed sixty-five million dollars ($65,000,000) to the Alabama Department of Transportation District 91 of the Southwest Region for Highway 98/Highway 158 from the Mississippi state line to Interstate 65 and fifty-five million dollars ($55,000,000) to the Alabama Department of Transportation District 92 of the Southwest Region.

e. Any proceeds remaining after paragraphs a., b., c., and d. shall be used to repay the Alabama Trust Fund for amounts transferred to the State General Fund in fiscal years 2013, 2014, and 2015 pursuant to Section 4 of Amendment 856 to the Constitution of Alabama 2022. The proceeds allocated pursuant to this paragraph shall be in addition to the payment provided in paragraph b. above.

(2) To fund any reserve fund established in connection with an authorized issue if the authority deems the establishment of such reserve fund to be necessary and desirable.

(3) To pay for the cost of obtaining credit enhancement for the bonds.

(4) To pay capitalized interest on the bonds.

(5) To pay the costs of issuing the bonds.

(6) If refunding bonds are issued pursuant to this article, to pay debt service on, and the redemption price of, any bonds to be refunded.

(b) Pending the application of the proceeds of bonds of the authority to the purpose or purposes for which the bonds were issued, the proceeds and any monies held in funds created as security for the bonds may be invested by the authority in permitted investments, as the authority shall deem advisable.

(c) Any and all revenues, receipts, investment earnings, and other funds paid to, or otherwise coming into the possession of the authority shall be held, deposited, administered, invested, and applied as provided in the resolution of the directors authorizing the issuance of the bonds and as provided in any trust indenture or other agreement delivered in connection therewith, or otherwise as the authority may direct, consistent with the resolution, trust indenture, or other agreement and this article.
Ala. Code § 41-4-32 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-32
Section 41-4-32 Exercise of Functions and Duties of Department of Finance
Status: in_force

All functions and duties of the Department of Finance shall be exercised by the Director of Finance, acting by and through such administrative divisions or such officers as he or she may designate. He or she shall have all power and authority necessary or convenient to carry out the functions and duties of the Department of Finance.
Ala. Code § 41-9-324 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-324
Section 41-9-324 Commission a Body Corporate
Status: in_force

The commission shall constitute a body corporate and shall have, in addition to those set forth specifically in this division, all powers necessary or convenient to effect the purposes for which it has been established under and by the terms of this division, together with all powers incidental thereto or necessary to the discharge of its said powers and duties.
Ala. Code § 41-10-551 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-551
Section 41-10-551 Manner of Ownership, Operation, Leasing, and Disposition of Facilities Financed by Authority
Status: in_force

No authority obligations shall be incurred with respect to any training facility and no funds of the authority shall be applied to payment of training facility management fees pursuant to Section 41-10-550 unless the following conditions are met:

(1) Subject to subdivisions (3), (4), and (5) of this subsection, in the case of any training facility financed in whole or in part through the issuance of bonds of the authority, title to the financed property shall be acquired in the name of, or transferred promptly after acquisition to, the authority and the title shall remain in the authority.

(2) Subject to subdivisions (3), (4), and (5) of this subsection, in the case of any training facility financed in whole or in part through the issuance of authority-guaranteed obligations, title to the financed property shall be acquired in the name of, or transferred promptly after acquisition to, the development agency issuing such authority-guaranteed obligations and the title shall remain in the development agency.

(3) In the case of any training facility constituting an industrial or research facility and financed in whole or in part through the issuance of bonds of the authority or authority-guaranteed obligations, the financed property may be leased to any person under an agreement containing such provisions as the authority may require, including without limitation, provisions for the payment of nominal rental by the lessee.

(4) In the case of any training facility constituting an industrial or research facility and financed in whole or in part through the issuance of bonds of the authority or authority-guaranteed obligations, the financed property may be acquired and held in the name of any person, provided that the authority may require such person to enter into an agreement containing, among other things, an option by the authority to purchase or otherwise acquire such training facility if the operation of the training facility by such person ceases.

(5) In the case of the issuance of bonds of the authority to provide funds for payment of project costs referable to a training facility or training facility management fees or in the case of direct funding of training facility management fees pursuant to the provisions of Section 41-10-549 without the issuance of bonds of the authority, the authority may enter into an agreement with any person to provide for operation and management of such training facility by such person and to prescribe the terms and conditions upon which training facility management fees are to be paid or reimbursed by the authority from the proceeds of the bonds. Such agreement shall contain such other provisions as the authority may require. Without limiting the generality of the foregoing, the authority shall have the power to lease or convey title to any training facility to the Alabama Public School and College Authority or to the State Board of Education, acting by and through the Alabama Industrial Development Training Institute, and such agencies shall have the power to acquire title to or a leasehold interest in any such training facility.
Ala. Code § 41-10-766 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-766
Section 41-10-766 Services Provided by Department of Finance
Status: in_force

The authority shall utilize all administrative services which may be provided by the state Department of Finance.
Ala. Code § 41-6-30 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-30
Section 41-6-30 Gifts or Donations of Money to Department of Archives and History to Be Deposited in State Treasury to Credit of Department
Status: in_force

Unless otherwise provided, in accordance with Section 41-6-50, whenever any gift or donation of money from any source is made to the Department of Archives and History of this state, the same must be deposited in the State Treasury for the use of said department as provided in this article.
Ala. Code § 41-4-354 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-354
Section 41-4-354 Permanent Joint Legislative Oversight Committee on the Management of State-Owned and Leased Real Property
Status: in_force

(a) There is created a Permanent Joint Legislative Oversight Committee on the Management of State-Owned and Leased Real Property. The committee shall consist of the Lieutenant Governor, the Speaker of the House of Representatives, three members of the House of Representatives appointed by the Speaker of the House, one of whom shall be a member of the House minority party, and three members of the Senate appointed by the President Pro Tempore of the Senate, one of whom shall be a member of the Senate minority party. Each member of the committee shall receive compensation and expenses pursuant to Section 49 of the Constitution of Alabama of 2022.

(b) It shall be the duty and function of the committee to review, analyze, and study the transfer, implementation, and performance of the requirements of this article.

(c) In reviewing the management of state-owned and leased real property, the Committee shall review the work of the Divisions of Facilities Management, Leasing Management, Construction Management, Energy Management, and Space Management.
Ala. Code § 41-10-316 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-316
Section 41-10-316 Disposition of Proceeds of Bonds
Status: in_force

(a) All proceeds derived from the sale of any bonds, except refunding bonds, sold by the authority, remaining after payment of the expenses of issuance thereof, shall be held by the authority and used solely for the purposes of:

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

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

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

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

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

(b) All proceeds from the sale of refunding bonds issued by the authority that remain after paying the expenses of their issuance may be used only for the purpose of refunding the principal of and any unpaid and accrued interest on the outstanding bonds of the authority for the refunding of which the refunding bonds are authorized to be issued, together with any premium that may be necessary to be paid in order to redeem or retire such outstanding bonds.
Ala. Code § 41-27-1 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-1
Section 41-27-1 Creation; Composition
Status: in_force

The Alabama State Law Enforcement Agency is hereby created within the Executive Branch of State Government to coordinate public safety in this state. The Alabama State Law Enforcement Agency shall be comprised of the following:

(1) The Department of Public Safety.

(2) The State Bureau of Investigations.
Ala. Code § 41-4-301 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-301
Section 41-4-301 Function, Powers and Duties
Status: in_force

The function, powers and duties of the Division of Risk Management shall be as follows:

(1) To carry out the provisions of Section 41-15-1 et seq., relating to the State Insurance Fund and Section 36-1-6.1 relating to the State Liability Insurance Fund;

(2) To assist and advise the Finance Director on insurance and bonding matters;

(3) To provide information and recommendations to the Legislature when requested;

(4) To provide programs and/or guidelines leading to premium and financial risk reductions, to include collection and investment of premiums, rate making, and claims administration; and

(5) To make, with the approval of the Finance Director, rules and regulations necessary to implement the provisions of this article.
Ala. Code § 41-10-95 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-95
Section 41-10-95 Execution and Delivery of Bonds and Interest Coupons
Status: in_force

All bonds shall be signed by the chair or vice-chair of the corporation, and the seal of the corporation shall be affixed thereto and attested by its secretary. A facsimile of the seal of the corporation and of the signature of either of said officers, but not both of them, may be impressed on the bonds in lieu of their manually signing the same.

Coupons shall be signed by the chair or vice-chair of the corporation, but a facsimile of the signature of such chair or such vice-chair may be impressed on any such coupons in lieu of his manually signing the same. Bonds so executed shall be valid and may be delivered, notwithstanding any changes in the officers or the seal of the corporation after the signing and sealing of the bonds.
Ala. Code § 41-14-5 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-5
Section 41-14-5 State or County Officers May Deposit State Funds in Depositaries; Maximum Amount of State Funds Which Depositaries May Receive, Etc
Status: in_force

Any state or county officer in this state having in his or her possession or under his or her control funds or moneys belonging to the state may place the same in a state depositary to the credit of the State Treasurer and subject to the check or order of the Treasurer. No state depositary shall receive or have at any time an amount of paid money or funds in excess of the face value of bonds and other securities deposited or for which receipts have been deposited by it with the Treasurer.
Ala. Code § 41-10-763 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-763
Section 41-10-763 Applicability of Other Laws
Status: in_force

Articles 2 and 3 of Chapter 16, Title 41, and other similar laws shall not apply to the authority, its directors, or any of its officers, agents, or employees in their capacities as such.
Ala. Code § 41-16-164 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-164
Section 41-16-164 Duties of Attorney General
Status: in_force

The Attorney General shall seek to prohibit the adoption of federal laws, rules, regulations, bulletins, executive orders, or other federal actions that may penalize, inflict economic harm on, limit commercial relations with, or change or limit the activities of a company in the state or a resident of the state based on the furtherance of economic boycott criteria or other similarly oriented rating.
Ala. Code § 41-9-1028 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1028
Section 41-9-1028 Alabama Athletic Commission - Conflict of Interest
Status: in_force

A member or employee of the commission and any person who administers or enforces this article or rules adopted in accordance with this article shall not be a member of, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes matches, contests, or exhibitions of professional boxing, professional bare knuckle boxing, tough man contests, professional wrestling, amateur mixed martial arts, or professional mixed martial arts or who otherwise has a financial interest in any activity or licensee regulated by the commission. The term compensation does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts.
Ala. Code § 41-10-803 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-803
Section 41-10-803 Board of Directors
Status: in_force

(a) The corporation shall be under the management and control of a board of directors, and all powers necessary or appropriate for the management and control of the corporation shall be vested solely in the board. The board shall be comprised of both ex officio directors and at-large directors, all of whom shall be voting members of the board and shall be considered in determining whether a quorum is present.

(b) The board shall have five ex officio directors, consisting of the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the House and Senate minority caucus leaders, or their designees. The service of each ex officio director shall begin and end concurrently with the beginning and end of his or her tenure in office or service as a minority caucus leader, respectively. Each ex officio director may appoint an individual to serve in his or her place at any meeting of the board, or may designate an individual to serve in his or her place at all meetings of the board until the term of the ex officio director should end, and the appointee or designee shall be counted for purposes of a quorum and voting.

(c) The Governor shall select six at-large directors, who shall be individuals with experience relevant to the purposes and activities of the corporation including, but not limited to, experience with any of the following:

(1) Participating on boards of, or being employed by, nonprofit corporations that promote business or economic development throughout the state.

(2) Having other experience relevant to entrepreneurship and innovation including, but not limited to, any of the following:

a. Making more than one investment in seed or pre-seed stage startup companies or managing, or making investments in, one or more seed stage funds or venture capital funds.

b. Founding, or working as an executive in, a science or technology based business.

c. Founding, or working as an executive in, a business that acquired or commercialized intellectual property from a university or other research institution.

d. Founding, or working as an executive in, a business that regularly interacts with persons or businesses described in paragraphs a., b., or c.

(3)a. In making appointments of at-large directors, the Governor shall coordinate his or her appointments to assure the board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The term of each at-large director shall begin upon written acceptance of his or her appointment and shall end on December 31.

b. For the six at-large directors serving on October 1, 2025, the Governor shall designate that the terms of two shall expire on December 31, 2025; the terms of two shall be extended by one year so that their terms shall expire on December 31, 2026; and the terms of two shall be extended by two years so that their terms shall expire on December 31, 2027. Thereafter, successor at-large directors appointed by the Governor shall serve for terms of two years.

c. Each at-large director, regardless of whether a prior Governor selected him or her, shall continue to serve until the director is reappointed, or a successor is appointed, to the office. An at-large director appointed by the Governor may only serve a maximum of two consecutive terms of office, but may be reappointed after he or she has spent at least two years without serving as an at-large director. At-large directors may resign or may be removed by the Governor at any time and for any reason, at which time the Governor shall appoint a different individual to serve, so long as that individual satisfies the requirements set forth in this section. An individual appointed to fill a vacancy shall serve out the remainder of the unexpired term and may be appointed to serve two additional consecutive terms.

(d) No director shall receive compensation because of his or her service as a director. Each director shall be reimbursed for actual travel expenses incurred in the performance of his or her duties as a director.

(e) Notwithstanding subsections (a) through (d), upon the incorporation of the corporation, the Governor shall select as one of the initial at-large directors the individual serving in the leadership of the Alabama Innovation Commission as of January 1, 2021. As long as that individual is serving on the board, he or she shall be the chair and presiding officer of the board. The individual shall serve on the board for a term ending on the date of the second year following his or her appointment as an at-large director and may be reappointed for additional consecutive two-year terms as an at-large director. At the time that the individual resigns, is removed, or otherwise no longer serves as chair, the position shall be subject to the appointment provisions for at-large directors provided by this section and, thereafter, the Governor shall appoint any member of the board to be the chair of the board.

(f) Notwithstanding Chapter 25A of Title 36, a majority of the directors shall constitute a quorum for the transaction of business by the board, and decisions shall be made on the basis of a majority of the quorum then present and voting. No vacancy in the membership of the board or the voluntary disqualification or abstention of any director shall impair the right of a quorum to exercise all of the powers and duties of the board. Members of the board may participate in meetings of the board in person or 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.

(g) The board may appoint other officers to perform duties not inconsistent with this article or applicable law, as the board deems necessary or appropriate.

(h) In addition to regular meetings of the board, as may be provided by law or by bylaws adopted by the board, special meetings of the board may be called by the chair acting alone or by any three other directors acting in concert, in each case upon notice to each director given in person, by email, by registered letter, or by other means. Notice to each director may be waived upon the unanimous written consent of all directors, either before or after the meeting with respect to which the notice would otherwise be required.

(i) All proceedings of the board, except executive sessions, shall be reduced to writing on behalf of the board and maintained in the permanent records of the corporation, a copy of which shall be filed in the principal office of the corporation and shall be open for public inspection during regular business hours. The principal office of the corporation shall be the principal office of the director of finance.
Ala. Code § 41-9-219.4 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-219.4
Section 41-9-219.4 Recapture of Tax Credit; Notice
Status: in_force

(a) The Department of Revenue shall recapture, from the taxpayer that claimed or is entitled to claim the credit on a return, the tax credit allowed under this article if, at any time during the seven-year period beginning on the date of the original issue to the qualified equity investment in a qualified community development entity, one of the following occurs:

(1) Where any amount of the federal tax credit available with respect to a qualified equity investment that is eligible for a tax credit under this article is recaptured under Section 45D of the Internal Revenue Code of 1986, as amended, the Department of Revenue’s recapture shall be proportionate to the federal recapture with respect to that qualified equity investment, and may then reallocate the recaptured credits to other qualified taxpayers in the year of recapture, without regard for the annual allocation limitation found in Section 41-9-219.2.

(2) The Department of Revenue shall recapture any allocated tax credit where the issuer fails to invest at least 85 percent of the purchase price of the qualified equity investment in qualified low-income community investments in the State of Alabama within 12 months of the issuance of the qualified equity investment and fails to maintain such level of investment in qualified low-income community investments in Alabama until the last credit allowance date for the qualified equity investment. An investment shall be considered held by an issuer even if the investment has been sold or repaid; provided that the issuer reinvests an amount equal to the capital returned to or recovered by the issuer from the original investment, exclusive of any profits realized, in another qualified low-income community investment in this state within 12 months of the receipt of that capital. An issuer shall not be required to reinvest capital returned from low-income community investments after the sixth anniversary of the issuance of the qualified equity investment, the proceeds of which were used to make the qualified low-income community investment, and the qualified low-income community investment shall be considered held by the issuer through the seventh anniversary of the qualified equity investment’s issuance.

(3) Subject to the reinvestment provisions to avoid recapture in subdivision (2), the issuer shall redeem or make principal repayment with respect to a qualified equity investment prior to the seventh anniversary of the issuance of such qualified equity investment. The department’s recapture shall be proportionate to the amount of the redemption or repayment with respect to such qualified equity investment.

(b) The Department of Revenue shall provide notice in accordance with the procedures outlined in Section 40-2A-7, to the qualified community development entity of any proposed preliminary assessment of recapture of tax credits pursuant to this article. The entity shall have 90 days to cure any deficiency indicated in the Department of Revenue’s preliminary assessment and avoid recapture. If the entity fails or is unable to cure the deficiency within the 90-day period, the Department of Revenue shall provide the entity and the taxpayer from whom the credit is to be recaptured with a final assessment of recapture in accordance with the procedures stated in Section 40-2A-7. Any tax credit for which a final assessment has been issued may be recaptured by the Department of Revenue from the taxpayer who claimed the tax credit on a tax return in accordance with the Taxpayers’ Bill of Rights and the Uniform Revenue Procedures contained in Chapter 2A of Title 40.
Ala. Code § 41-23-101 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-101
Section 41-23-101 Eligible Recipients; Assistance Funds Provided by Director of Department of Economic and Community Affairs; Administrative Costs; Reports
Status: in_force

(a) Eligible recipients of assistance are individuals who have a household income at or below 125 percent of the poverty level or individuals who are 60 years of age or older or handicapped and families with children under 18 years of age as determined by the United States Office of Management and Budget and reported in the federal register.

(b) Beginning July 1, 1996, the Director of the Department of Economic and Community Affairs shall provide assistance funds to designated community action agencies and county governments currently providing energy assistance to people who are eligible to receive assistance under this article. Disbursement of assistance funds shall be coordinated with all other state and federal home weatherization assistance programs administered by the Department of Economic and Community Affairs.

(c) An amount of not more than 10 percent of the fund monies may be used for administrative costs in providing services specified under this article.

(d) On or before October 15 of each year, the director shall submit a report to the appropriate legislative committees. The report shall include a summary of the total monies collected and distributed under this article and such other information as the legislative committees may request.
Ala. Code § 41-29-363 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-363
Section 41-29-363 P-20w Council -- Meetings; Quorum; Expenses; Access to and Release of Data
Status: in_force

(a) Except as otherwise provided in Section 41-29-365, the regular meetings of the council shall be held at the call of the chair, at least four times per state fiscal year; special meetings of the council may be called by the chair, or upon written request of a majority of the members of the council; and all regular and special meetings of the council shall comply with the Open Meetings Act.

(b) A majority of the members of the council, or their designees, shall constitute a quorum for the transaction of business.

(c) Each member of the council may appoint, in writing to the chair, a designee to represent him or her during the proceedings of the council.

(d) The members of the council shall not receive a salary or per diem allowance for their service but shall be reimbursed through the Department of Commerce for expenses incurred in the performance of their duties for the office at the same rate as provided for state employees.

(e) Direct access to data in the system is restricted to office staff and authorized staff approved by the council.

(f) Any person who knowingly releases data collected pursuant to this division to any other person not authorized to lawfully receive the data shall be guilty of a Class C felony and punished as provided by law.
Ala. Code § 41-10-181 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-181
Section 41-10-181 Authority as State Agency; Control Over Blakeley Site, Historic Park, Etc.; Promulgation, Alteration, Etc., of Rules and Regulations Concerning Preservation, Etc., of Blakeley Historic Site; Penalty for Violation of Rules or Regulations; Police Powers of Authority Members; Designation of Deputy Police Officers
Status: in_force

(a) The authority shall be a state agency, and shall have exclusive control over the Blakeley site, the historic park, recreational areas, all improvements and exhibits located thereon, and any additions constructed, created, leased, acquired, or erected in connection therewith.

(b) The authority shall have the power and authority to establish and promulgate and from time to time alter, amend, or repeal rules and regulations concerning the preservation, protection, and use of the Blakeley historic site and to preserve the peace therein. Any person who violates any rule or regulation so established and promulgated shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than one year, or both, and may be adjudged to pay all costs of the proceedings.

(c) The authority members shall have and are hereby vested with full police power to prefer charges against and to make arrests of any person or persons violating any such rule or regulation. The authority shall have full authority to designate any employee or employees of the authority as deputy police officers, who shall have full authority to prefer charges against or to make arrests of any person or persons violating any rule or regulation established and promulgated by the authority, as provided in this section.
Ala. Code § 41-9-650.5 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-650.5
Section 41-9-650.5
Status: in_force

(a) An individual commits the crime of misuse of a background check report if he or she does any of the following:

(1) Knowingly receives, disseminates, or otherwise uses a background check contrary to the purposes allowed by this article or otherwise allowed in law.

(2) Performs a background check on an individual without first receiving a release, when required, from the subject of the report.

(3) Willfully uses information submitted to the Alabama Rap Back Program for purposes not authorized in this article with the intent to harass or intimidate another individual.

(b) Misuse of a background check report is a Class B misdemeanor.

(c) Upon conviction for any violation of this section, the defendant may be ordered to pay restitution to the victim whose information was misused. Restitution shall include any pecuniary damages or loss to the victim ordered pursuant to a hearing held as provided in Section 15-18-67.
Ala. Code § 41-10-705 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-705
Section 41-10-705 Applicability
Status: in_force

Transferred to §41-10-732 by Act 2010-220, p. 365, §4, effective March 22, 2010.
Ala. Code § 41-28-6 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-6
Section 41-28-6 (Amended by Act 2026-327) Permanent Legislative Oversight Committee for Information Technology Created; Composition
Status: in_force

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

There is created a Permanent Legislative Oversight Committee for Information Technology to review the operations and performance of the Secretary of Information Technology and to promote the effective use of information technology in state government. A chair and a vice chair shall be selected by the membership. The committee shall meet at least once annually and may meet more often as directed by the chair of the committee. The membership of the committee shall reflect the racial, gender, urban/rural, and ethnic diversity of the state. The committee shall consist of the following:

(1) The chairs of the House and Senate General and Education appropriations committees.

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

(3) One member of the Senate appointed by the President of the Senate.

(4) One member of the Senate appointed by the President Pro Tempore of the Senate.
Ala. Code § 41-29-505 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-505
Section 41-29-505 Deposit and Investment of and Disbursements from Bond Proceeds
Status: in_force

(a) The proceeds of all bonds, other than refunding bonds, issued by the authority remaining after paying expenses of their issuance, shall be deposited in the state treasury and shall be carried in the state treasury in a special or separate account or accounts. Such funds shall be subject to be drawn upon by the authority, but any funds so withdrawn shall be used solely for the purposes for which the bonds were issued as authorized in this article.

(b) The state treasurer, with the approval of the secretary of the authority, shall invest funds not needed by the authority within the ensuing thirty days for any purpose for which they are held, which investments shall be made in the manner authorized and provided for in Section 36-17-18. The state treasurer and the authority may apply so much as may be necessary from the earnings on said investments toward satisfaction of the arbitrage rebate requirements under the Internal Revenue Code of 1986, as amended.

(c) The proceeds from the sale of any refunding bonds issued hereunder remaining after paying the expenses of their issuance shall be used only for the purpose of refunding the principal of outstanding bonds of the authority and of paying any premium that may be necessary to be paid in order to redeem or retire the bonds to be refunded.
Ala. Code § 41-15B-8 — Alabama Code / Title 41 / Chapter 15B / Section 41-15B-8
Section 41-15B-8 Transfer from State General Funds; Repayment
Status: in_force

It is the intent of the Legislature that each fiscal year, beginning with the fiscal year ending September 30, 2007, if the beginning of the year balance in the Children First Trust Fund is not equal to or greater than one-half of the total amount of the appropriations for that fiscal year from the Children First Trust Fund, the amount necessary to bring the balance in the Children First Trust Fund to one-half of the appropriations from the Children First Trust Fund for that fiscal year shall be transferred to the Children First Trust Fund from the State General Fund, or from any other fund from which the Finance Director may determine funds are available for transfer to the Children First Trust Fund. Upon receipt by the Children First Trust Fund of that portion of tobacco revenue allocated for deposit to the Children First Trust Fund, any State General Fund monies or other funds transferred to the Children First Trust Fund pursuant to this section shall be repaid from the Children First Trust Fund to the fund from which they were transferred.
Ala. Code § 41-9-929 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-929
Section 41-9-929 State Agency Control
Status: in_force

The board shall be a state agency and shall have exclusive control over the Alabama Agricultural Museum at Landmark Park established pursuant to this article, all improvements and exhibits located thereon, and all additions constructed, created, leased, acquired, or erected in connection therewith.
Ala. Code § 41-10-654 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-654
Section 41-10-654 Bonds of the Authority
Status: in_force

(a) General authorization to issue bonds. The authority is authorized from time to time to sell and issue the bonds in one or more series in an aggregate principal amount of up to fifty million dollars ($50,000,000) in order to provide the funds to pay project costs, ancillary costs, and training costs.

(b) Source of payment. The bonds authorized herein shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state. Such bonds shall not be general obligations of the authority but shall be payable solely from the pledged revenues.

(c) Security for the bonds. The principal of and interest on the bonds shall be secured by a pledge of the pledged revenues and, if necessary and desirable in the authority’s sole discretion, a mortgage on any part of the project. The resolution under which the bonds are authorized by the authority to be issued and any trust indenture or mortgage may contain any agreements and provisions respecting the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit for whom any such instrument is made and the rights and remedies available in the event of default as the authority shall deem advisable.

(d) General provisions respecting form, sale, and execution of the bonds. All bonds shall be issued, executed and sold in the form and in the manner set forth in Division 1. The bonds may be sold at public or private sale as the authority shall deem advisable.

(e) State Treasurer as registrar, transfer agent, and paying agent. The State Treasurer shall be registrar, transfer agent, and paying agent for the bonds. The State Treasurer may designate named individuals who are employees of the state and who are assigned to the State Treasurer’s office to authenticate the bonds.
Ala. Code § 41-10-627 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-627
Section 41-10-627 Refunding Bonds
Status: in_force

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

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

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

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

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

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

(b) Any refunding bonds may be sold by the authority at public or private sale at such price or prices as may be determined by the authority to be most advantageous, or may be exchanged for the bonds to be refunded. Any such refunding bonds may be executed and delivered by the authority at any time and, from time to time, shall be in such form and denomination or denominations and of such tenor and maturity or maturities, shall contain such provisions not inconsistent with the provisions of this division, and shall bear such rate or rates of interest, payable at such place or places, either within or without the state, and evidenced in such manner, as may be provided by resolution of the authority; provided, however, that no refunding bonds shall be issued unless the present value of all debt service on the refunding bonds (computed with a discount rate equal to the true interest rate of the refunding bonds and taking into account all underwriting discount and other issuance expenses) shall be less than the present value of all debt service on the bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such bonds) determined as if such bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as a scheduled maturity) provided at the time of their issuance.

(c) Any refunding bonds issued by the authority may be issued at the discretion of the authority, subject to this division, without any separate authorization by the Legislature.
Ala. Code § 41-27-3.2 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-3.2
Section 41-27-3.2 Nondriver Identification Cards - Resident Released from Department of Corrections
Status: in_force

The Secretary of the Alabama State Law Enforcement Agency, in coordination with the Commissioner of the Department of Corrections, shall have the authority to promulgate rules to establish a program by January 1, 2018, to issue a nondriver identification card to a resident upon his or her release from the Department of Corrections.
Ala. Code § 41-8-7 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-7
Section 41-8-7 Service to Obtain Reports from Public Libraries
Status: in_force

The Alabama Public Library Service shall each year obtain from all free public libraries in the State of Alabama reports showing the conditions, growth, development and conduct of said libraries. This provision shall not apply to the libraries of the Supreme Court of Alabama, the Department of Archives and History or school libraries aided and supervised by the Department of Education and the libraries of institutions of higher learning.
Ala. Code § 41-9-780 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-780
Section 41-9-780 Creation; Powers and Privileges Generally; 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 § 41-4-302 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-302
Section 41-4-302 Administration of Insurance Programs; Coverage Under State Blanket Bond
Status: in_force

(a) The Division of Risk Management shall have the authority to institute, manage, and administer programs of insurance, not specifically enumerated herein and which do not conflict with existing laws, upon a determination by the Director of Finance and the Governor that such insurance program or programs serve the best interests of the state.

(b) Notwithstanding the provisions of Article 1, commencing with Section 11-2-1, Chapter 2, Title 11, the state blanket bond which covers state officers and employees required to be bonded shall be made available, if approved by the county commission, to also cover sheriffs, judges of probate, county commissioners, chairs of county commissions, tax assessors, tax collectors, license commissioners, revenue commissioners, and other county employees and county elected officials who are required to be bonded if the Governor and the Director of Finance determine that extending the bond coverage to such local officials and employees is in the best interest of the state. Notice that coverage is provided under this state blanket bond shall be evidenced by resolution of the county commission, and the coverage shall satisfy all provisions and requirements found in Article 1, commencing with Section 11-2-1, Chapter 2, Title 11.
Ala. Code § 41-10-452 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-452
Section 41-10-452 Power to Incorporate
Status: in_force

The Governor, the Director of Finance, and the State Treasurer may become a public corporation with the power and authority hereinafter provided, by proceeding according to the provisions of this article.
Ala. Code § 41-23-142 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-142
Section 41-23-142 Compensation; Expenses
Status: in_force

Members of the commission and advisory board may not receive any compensation for their services but are entitled to receive reimbursement for per diem and travel expenses incurred in the performance of their duties.
Ala. Code § 41-10-304 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-304
Section 41-10-304 Certificate of Incorporation - Issuance
Status: in_force

When the application has been made, filed and recorded as provided in Section 41-10-303 hereof, the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate with the application, whereupon the applicants shall constitute a public corporation of the state under the name proposed in the application.
Ala. Code § 41-10-591 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-591
Section 41-10-591 Definitions
Status: in_force

(a) Except as otherwise expressly provided herein, words and phrases used in this division that are defined in Section 41-10-541, shall have the meanings assigned in such section.

(b) The following words and phrases used in this division, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein otherwise, be given the following respective meanings:

(1) COMPUTER SYSTEMS. Any and all computer hardware, firmware, and software owned by or useful in the performance of any function for any state entity.

(2) STATE ENTITY. The State of Alabama and any agency, authority, board, commission, department, or instrumentality thereof.

(3) Y2K COMPLIANT. When used to describe the state’s computer systems, such computer systems are, or will be, capable of accurately processing, storing, providing and/or receiving date data from, into, and between the twentieth and twenty-first centuries, including the years 1999 and 2000, and leap year calculations, when used on a stand-alone basis or in combination with other hardware, firmware, or software, without creating new errors or side effects.

(4) Y2K EXPENDITURE. All costs and expenses incurred by a state entity to obtain the services, hardware, firmware, software, work product, materials, and equipment required (i) to test the computer systems to determine whether such systems are Y2K compliant or (ii) to implement modifications to or replacement of all or parts of such computer systems so as to cause them to become Y2K compliant; (iii) to develop and implement Y2K contingency plans; or (iv) to purchase any Y2K related equipment or services.

(5) CAPITAL IMPROVEMENT. As may in the circumstances be appropriate for the Department of Mental Health, Department of Corrections, Department of Public Safety, Department of Revenue, Department of Human Resources, Office of Voter Registration, and economic development, including, but not limited to, economic development of a county, (i) the acquisition of land to serve as a site for any new building, structure, or other facility, (ii) the acquisition by purchase of any new building, structure, or other facility, (iii) the construction of any new building, structure, or other facility, and (iv) the renovation, expansion, modernization, alteration, or other improvement of any existing building, structure, or facility; provided that to qualify as a capital improvement any building, structure, or other facility, whether previously existing for any period of time or newly constructed, or any renovation, expansion, modernization, alteration, or other improvement of any building, structure, or other facility, shall have an anticipated useful life of not less than 25 years as of the date that such shall be acquired, constructed, or made by any entity using any money provided pursuant to this division to pay all or any portion of the costs thereof. The term capital improvement shall be deemed to include all items of machinery, equipment, hardware, appliances, fixtures, and other property that are permanently installed as part of any building, structure, or other facility regardless of the fact that the anticipated useful lives of such items may be less than 25 years as of the date of acquisition or construction of the building, structure, or other facility in which they may be installed. Any language to the contrary notwithstanding, no provision of this division shall authorize recreational facilities.

(6) CAPITAL EQUIPMENT. Any items of movable machinery, equipment, furniture, or other personal property to efficiently carry out the functions of state government provided that each item has an anticipated useful life of not less than 10 years.

(7) IMPLEMENTATION PROGRAMS. Any new programs, procedures, or administrative costs, which state agencies are required to implement and maintain under the laws of the State of Alabama.

(8) AGING PROGRAMS. Any program for the operation of the the Department of Senior Services.
Ala. Code § 41-23-22 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-22
Section 41-23-22 Enterprise Zones Generally
Status: reserved

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

(a) The department shall establish criteria for qualifications of enterprise zones. These criteria shall not be in conflict with any provisions of federal enterprise zone legislation that may be enacted for enterprise zones which apply for federal designation. The department shall give consideration to the following:

(1) Unemployment.

(2) Poverty rate.

(3) Per capita income.

(4) Migration.

(5) Number of residents receiving public assistance.

(b) There initially shall be 10 enterprise zones within the State of Alabama, excluding any zones established in Birmingham [pursuant to Act No. 83-142, S. 18 of the 1983 Second Special Session (Acts 1983, p. 150)] and Prichard [pursuant to Act No. 83-676, S. 506 of the 1983 Regular Session (Acts 1983, p. 1065)], and Montgomery [pursuant to Act No. 86-201, H. 538 of the 1986 Regular Session (Acts 1986, p. 264)]. Within 18 months after passage of this article, additional geographic areas shall be targeted as enterprise zones. There shall not be more than 27 enterprise zones established in Alabama.

(c) Each zone shall not exceed a maximum of 10,000 acres.

(d) Notwithstanding any provision of this section to the contrary, effective June 1, 1999, an enterprise zone shall be established in Tallapoosa County and every incorporated municipality therein.
Ala. Code § 41-10-320 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-320
Section 41-10-320 Bonds and Coupons Deemed Negotiable Instruments
Status: in_force

All bonds issued by the authority, while not registered, shall be construed to be negotiable instruments even though they are payable from a limited source. All coupons applicable to any bonds issued by the authority, while the applicable bonds are not registered as to both principal and interest, shall likewise be construed to be negotiable instruments although payable from a limited source
Ala. Code § 41-9-531 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-531
Section 41-9-531 Purpose of Board
Status: reserved

Repealed by Act 2011-568, p. 1146, §12, effective September 1, 2011.
Ala. Code § 41-9-1034 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1034
Section 41-9-1034 Impairment of Participant by Alcohol or Drugs
Status: in_force

It shall be unlawful for any professional boxer, professional bare knuckle boxer, tough man contestant, professional wrestler, amateur mixed martial arts competitor, or professional competitor in mixed martial arts to participate or attempt to participate in a match, contest, or exhibition of professional boxing, professional bare knuckle boxing, tough man contest, professional wrestling, amateur mixed martial arts, or professional mixed martial arts while under the influence of alcohol or any drug. A professional boxer, professional bare knuckle boxer, tough man contestant, professional wrestler, amateur mixed martial arts competitor, or professional mixed martial arts competitor shall be deemed under the influence of alcohol or a drug for the purposes of this section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the match, contest, or exhibition and ending not more than one hour after the completion of the match, contest, or exhibition reveals that the mental or physical ability of the professional boxer, professional bare knuckle boxer, tough man contestant, professional wrestler, amateur mixed martial arts competitor, or professional mixed martial arts competitor is impaired as a direct result of the use of alcohol or a drug.
Ala. Code § 41-9-764 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-764
Section 41-9-764 Information Required of State Agencies Requiring Regulatory Approval, Etc
Status: in_force

Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-224.
Ala. Code § 41-10-48.14 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.14
Section 41-10-48.14 Annual Reports
Status: in_force

(a) Following the close of each state fiscal year, the authority shall submit an annual report on the activities of the energy bank and use of the strategic development fund for the preceding year to the Governor and to the Legislature. The authority also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program.

(b) The authority shall be subject only to audits as required by state law and applicable federal regulations.
Ala. Code § 41-10-47.02 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-47.02
Section 41-10-47.02 Definitions
Status: in_force

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

(1) AUTHORITY. The public corporation organized pursuant to Article 2.

(2) BOARD. The board of directors of the authority.

(3) COMPANY. Any person that has employees and conducts an activity listed in Section 40-18-372(1).

(4) FUND. The Alabama Site Development Fund created by this article.

(5) LOCAL ECOMONIC DEVELOPMENT ORGANIZATION. Any organization that is determined by the authority to meet both of the following criteria:

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

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

(6) SITE. Any parcel of real property intended for development by a company.

(7) STATEWIDE ECONOMIC DEVELOPMENT ORGANIZATION. An organization that is determined by the authority 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.

(8) TARGETED COUNTY. Any Alabama county that is described in Section 40-18-376.1.
Ala. Code § 41-10-427 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-427
Section 41-10-427 Authority Authorized to Sell, Rent, Etc., Set Charges or Rents or Make Rent Adjustments Necessary to Meet Obligations
Status: in_force

For the purpose of providing funds for the acquisition and preparation of sites, for the construction, reconstruction, alteration, and improvement of facilities, for the procurement and installation of equipment therefor, and for payment of obligations incurred and the principal of and interest on any temporary loans made for any of the said purposes, the authority is hereby authorized, from time to time, to sell, rent, lease, leaseback, set charges or rents, and to make rent adjustments necessary to meet such obligations and to use other revenues from any sources or income from said property. At no time shall any indebtedness or obligations or liabilities be that of the State of Alabama.
Ala. Code § 41-10-153 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-153
Section 41-10-153 Historical Preservation Authorities - Exempt from Usury or Other Interest Limiting Laws
Status: in_force

Each such authority is and shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Chapter 8 of Title 8.
Ala. Code § 41-10-104 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-104
Section 41-10-104 Conduct of Sporting Events, Exhibits, Etc., in Projects
Status: in_force

The corporation or any lessee of the project or a part thereof shall have the right to conduct such exhibits, contests, and sporting events in a project or any part thereof as in the judgment of the board may be in the public interest or as may tend to promote and develop trade, industry, or commerce in the state or to provide public recreation and enjoyment or to create goodwill for the state, with or without fees or charges for admission thereto.
Ala. Code § 41-9-202 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-202
Section 41-9-202 Powers, Duties, and Functions of Department of Commerce
Status: in_force

Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-2.
Ala. Code § 41-27-9 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-9
Section 41-27-9 Transfer of Books, Records, Supplies, Funds, Equipment, and Personnel
Status: in_force

All books, records, supplies, funds, equipment, and personnel of the units, departments, divisions, and other state entities merged with another state entity or abolished and the functions of which are transferred to another state agency by this chapter shall be transferred to the succeeding department or state entity to the extent that the books, records, supplies, funds, equipment, and personnel are related to the functions transferred to the succeeding department or entity.
Ala. Code § 41-1-9 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-9
Section 41-1-9 Issuance of Interest Bearing Securities, Etc
Status: in_force

In any instance where any bond, warrant, note, certificate of indebtedness, or other securities howsoever designated is authorized to be issued by the state, or by any county, municipality, board of education, political subdivision, public instrumentality, public corporation or other public entity howsoever identified; any such security may bear one or more rates of interest, or no interest, or interest may be payable through one or more payments which reflect compound interest computed at specified intervals on accrued but unpaid interest, or through a discount in the sales price for such security equivalent to compound interest on such security for all or part of the term thereof, or through any combination of the foregoing methods of providing for the payment of interest, and any such amounts shall be payable at such time or times as may be provided in the proceedings authorizing any such security, regardless of the requirements of any other provision of law authorizing the issuance of any such security.
Ala. Code § 41-9-803 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-803
Section 41-9-803 Rules and Regulations; Executive Committee
Status: in_force

The commission shall have the right to adopt such rules and regulations as may be necessary to carry out the intent and purpose of the commission, and shall be authorized to provide for an executive committee of not fewer than three members to whom such powers and authority as the commission may deem to be advisable shall be delegated.
Ala. Code § 41-9-1026 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1026
Section 41-9-1026 Alabama Athletic Commission - Meetings
Status: in_force

(a) The commission shall meet upon the call of the chair or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum.

(b) The chair, if necessary, may within 10 days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the call of the chair at a place designated by the chair.
Ala. Code § 41-29-335 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-335
Section 41-29-335 Alabama Apprenticeship Council
Status: in_force

(a) The Alabama Apprenticeship Council, which shall be composed of public and private persons representing employer and employee organizations that are familiar with apprenticeable occupations, is established. All appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. The membership of the council shall consist of all of the following:

(1) The Governor, who shall serve as ex officio chair of the council.

(2) The Lieutenant Governor.

(3) The President Pro Tempore of the Senate.

(4) The Speaker of the House of Representatives.

(5) The Chancellor of the Alabama Community College System.

(6) The State Superintendent of Education.

(7) The Chair of the Alabama Workforce Development Board.

(8) The Chair of the Alabama Workforce Council.

(9) Nine members appointed by the Governor, and confirmed by the Senate, for a renewable term of service. The Governor shall assure that the membership of the council is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The members of the council appointed pursuant to this subdivision shall satisfy all of the following qualifications:

a. Three members shall be representatives of employer organizations.

b. Three members shall be public representatives who are members of employee or employer organizations.

c. Three members shall be representatives of employee organizations.

(b) The initial term of office of the nine members appointed to the council by the Governor shall be designated at the time of initial appointment by the Governor as follows:

(1) Three members, consisting of one member appointed pursuant to each of paragraphs a., b., and c. of subdivision (9) of subsection (a), shall be appointed for an initial term of one year. Successor members shall be appointed for terms of three years.

(2) Three members, consisting of one member appointed pursuant to each of paragraphs a., b., and c. of subdivision (9) of subsection (a), shall be appointed for an initial term of two years. Successor members shall be appointed for terms of three years.

(3) Three members, consisting of one member appointed pursuant to each of paragraphs a., b., and c. of subdivision (9) of subsection (a), shall be appointed for an initial term of three years. Successor members shall be appointed for terms of three years.

(c) Vacancies shall be filled by appointment of the Governor. The person appointed to fill a vacancy shall possess the same qualifications as the original appointment and shall hold office for the unexpired term and until his or her successor is appointed.

(d) The Alabama Apprenticeship Council shall serve in a regulatory capacity to the Alabama Office of Apprenticeship for all of the following functions:

(1) The approval of apprenticeship standards satisfying the requirements published in 29 C.F.R., Subtitle A, Part 29.

(2) Ensuring compliance of equal employment opportunity in apprenticeship, as defined in 29 C.F.R., Subtitle A, Part 30.

(3) Resolving disputes arising between the parties to an apprenticeship agreement.

(4) Providing recommendations to deregister, suspend, or cancel apprenticeship programs that are not compliant with state and federal apprenticeship regulations, as published in 29 C.F.R., Subtitle A, Part 29 and Article 20 of Chapter 18 of Title 40, the Apprenticeship Tax Credit Act of 2016.

(5) Providing community outreach and education on the benefits of apprenticeship.

(6) Assisting in the formulation of policies that concede the effective administration of apprenticeship programs.
Ala. Code § 41-22-13 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-13
Section 41-22-13 Rules of Evidence in Contested Cases
Status: in_force

In contested cases:

(1) The rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Except as hereinafter provided, objections to evidentiary offers may be made and shall be noted in the record. Whenever any evidence is excluded as inadmissible, all such evidence existing in written form shall remain a part of the record as an offer of proof. The party seeking the admission of oral testimony may make an offer of proof by means of a brief statement on the record describing the testimony excluded. All rulings on the admissibility of evidence shall be final and shall appear in the record. Subject to these requirements, when a hearing will be expedited and interests of the parties will not be prejudiced substantially, any part of the evidence may be received or may be required to be submitted in verified form; provided, the adversary party shall not be denied the right of cross-examination of the witness. The testimony of parties and witnesses shall be made under oath. Provided, however, in the hearing of a contested case where judicial review of the case is by trial de novo, the agency may announce that it shall not be necessary that objections be made during the hearing and upon such announcement, it shall not be required or necessary that objection to be made to any testimony or evidence which may be offered by either party, and on the consideration of such cases the agency shall consider only such testimony and evidence as is relevant, material, competent, and legal, and shall not consider any testimony or evidence which is irrelevant, immaterial, incompetent, or illegal, whether objection shall have been made thereto or not, and whether such testimony be brought out on direct, cross, or re-direct examination, or is hearsay. The agency shall not be required to point out what testimony or evidence should be excluded or not considered. Either party, on submission, shall have the privilege of calling attention to any testimony or evidence which is deemed objectionable. If specific objection be made to any evidence and a ruling made thereon by the agency, this exception shall not apply to such evidence.

(2) Documentary evidence otherwise admissible may be received in the form of copies or excerpts, or by incorporation by reference to material already on file with the agency. Upon request, parties shall be given an opportunity to compare the copy with the original.

(3) A party may conduct cross-examination required for a full and true disclosure of the facts, except as may otherwise be limited by law.

(4) Official notice may be taken of all facts of which judicial notice may be taken and of other scientific and technical facts within the specialized knowledge of the agency. Parties shall be notified at the earliest practicable time, either before or during the hearing, or by reference in preliminary reports, preliminary decisions, or otherwise, of the facts proposed to be noticed and their source, including any staff memoranda or data, and the parties shall be afforded an opportunity to contest such facts before the decision is announced unless the agency determines as part of the record or decision that fairness to the parties does not require an opportunity to contest such facts.

(5) The experience, technical competence, and specialized knowledge of the agency may be utilized in the evaluation of the evidence.
Ala. Code § 41-1-2 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-2
Section 41-1-2 Maintenance and Defense of State Authority and Jurisdiction
Status: in_force

It is the duty of the Governor and of all the subordinate officers of the state to maintain and defend its authority and jurisdiction.
Ala. Code § 41-4-63 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-63
Section 41-4-63 Refund of Money Paid for Invalid or Unissued Bonds, Etc. - Application to Comptroller; Proceedings
Status: in_force

Any person, firm, or corporation entitled to the benefit of Section 41-4-62 and desiring to obtain relief hereunder may file an application with the Comptroller of the state, stating the facts upon which relief is sought, verified by his or her affidavit or that of a duly authorized agent or representative having knowledge of the facts, and when such an application is filed, the Comptroller shall ascertain from the records of the Treasurer of Alabama and other records whether the facts are correctly set forth in the application, and if it is made to appear to the satisfaction of the Comptroller that the state has actually received the funds or money of the applicant under the circumstances named in Section 41-4-62, upon the approval of the Governor and the Treasurer, the Comptroller shall draw a warrant on the treasurer for the payment to such person, firm, or corporation of the amount of such funds or money, together with interest thereon at the rate said bonds or securities proposed to bear from the time said funds or money was paid into the treasury.
Ala. Code § 41-9-71 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-71
Section 41-9-71 Secretary of Board to Prepare, Etc., History of Cases, Etc., and Deliver to Certain Agencies, Etc., Certified Copy of Findings and Awards of Board; Comptroller to Draw Warrant in Favor of Persons, Etc., Found Entitled to Damages, Etc
Status: in_force

The secretary of the Board of Adjustment shall make a record of and file in the office of the Secretary of State a history of the case, together with the findings and awards of the Board of Adjustment, and shall deliver to the agencies, commissions, boards, institutions, or departments against whom the award is made and by whom payment must be made a certified copy of its findings and awards.

Upon receipt of such a copy of the findings and awards of the Board of Adjustment, the agencies, commissions, boards, institutions, or departments will voucher and certify same to the Comptroller of the State of Alabama who is authorized and directed to draw his or her warrant in favor of the person or persons, association, or corporation found by the Board of Adjustment to be entitled to the damages in the amount of the damages so certified, and he or she shall charge the same to the appropriation as directed in said findings or awards.
Ala. Code § 41-9-647 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-647
Section 41-9-647 Establishment of Guidelines for Action and Institution of Actions for Violations as to Data Reporting or Dissemination
Status: in_force

The commission shall establish guidelines for appropriate measures to be taken in the instance of any violation of data reporting or dissemination and shall initiate and pursue appropriate action for violations of rules, regulations, laws, and constitutional provisions pertaining thereto.
Ala. Code § 41-23-150 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-150
Section 41-23-150 Short Title; Purpose
Status: in_force

(a) This article shall be known as the Healthy Food Financing Act.

(b) The purpose of this article is to establish a statewide program to increase the availability of fresh and nutritious food, including fruits and vegetables, in underserved communities by providing financing for retailers to open, renovate, or expand grocery stores.
Ala. Code § 41-10-724.1 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-724.1
Section 41-10-724.1 Alabama Construction Recruitment Institute - Sunset Provision
Status: in_force

The Alabama Construction Recruitment Institute shall be subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2014, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 41-9-187 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-187
Section 41-9-187 Transfer of Powers, Functions, Etc., of Industrial Development Board
Status: reserved

On May 28, 1980, all powers, duties, functions, and authority invested in the State Industrial Development Board, including those in Section 41-9-183, shall be continued, transferred to and shall be vested in the Alabama Industrial Development Advisory Board, except those powers, duties and functions prescribed for the Office of State Planning and Federal Programs by Article 8A of this chapter. All books, records, supplies, funds, equipment, personnel, assets, and property of whatsoever nature, had, exercised, used, or employed by the State Industrial Development Board are transferred to the Alabama Industrial Development Advisory Board and all laws or parts of laws relating to the State Industrial Development Board shall be repealed and the said State Industrial Development Board shall be abolished.
Ala. Code § 41-10-802 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-802
Section 41-10-802 Incorporation
Status: in_force

(a) The Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate shall present to the Secretary of State an application, signed by each of them, for the formation of the Alabama Innovation Corporation, which may also be known as Innovate Alabama, as a public corporation, having a legal existence separate and apart from the state and any county, municipality, or political subdivision, which shall set forth all of the following:

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

(2) The date on which each applicant was sworn into office and the term of office of each applicant.

(3) The name of the proposed public corporation, which shall be the Alabama Innovation Corporation, also known as Innovate Alabama .

(4) The location of the principal office of the proposed corporation.

(5) Any other matter relating to the corporation that the applicants may choose to insert and that is not inconsistent with this article or state law.

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

(c) When the application has been made, filed, and recorded as provided in subsection (b), the applicants shall constitute a public corporation under the name stated in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the certificate with the application. There shall be no fees paid to the Secretary of State in connection with the corporation.

(d) Notwithstanding any provision of law to the contrary, any corporation incorporated pursuant to this section shall not be deemed to be a part of the state for any purpose but shall be treated as a public corporation and body politic separate and apart from the state.
Ala. Code § 41-4-174 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-174
Section 41-4-174 Compliance with Article
Status: in_force

(a) When a public procurement unit administering a cooperative purchase complies with the requirements of this article, a public procurement unit participating in the purchase shall be deemed to have complied with this article.

(b) Public procurement units may not enter into a cooperative purchasing agreement for the purpose of circumventing this article.
Ala. Code § 41-10-48.10 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.10
Section 41-10-48.10 Liability on Bonds and Other Obligations of Authority
Status: in_force

Bonds or other financial assistance issued by the authority shall not constitute an obligation or debt of this state, or any of its political subdivisions, but shall be limited obligations of the authority payable solely from the revenue, money, or property of the authority pledged for such purpose as provided in this article. Any bonds issued or other financial assistance of the authority do not constitute an indebtedness of the state or any of its political subdivisions within the meaning of any constitutional or statutory limitation, and neither the full faith and credit nor the taxing power of the state, or any of its political subdivisions, is pledged to the payment thereof. No member of the authority or any person executing bonds, other financial assistance, or other obligations of the authority is liable personally thereon by reason of their issuance or execution. Each bond, other financial assistance, and other obligation issued under this article shall contain on its face a statement to the effect of the following:

(1) The instrument is not a general obligation of the authority but is a limited obligation of the authority payable solely from the revenue, money, or property of the authority pledged.

(2) The instrument is not an obligation or debt of the state, or any of its political subdivisions, and neither the full faith and credit nor the taxing power of the state, or any of its political subdivisions, is pledged to the payment of the instrument.

(3) The authority does not have taxing power.
Ala. Code § 41-4-126 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-126
Section 41-4-126 Exemptions. (Amended by Act 2026-593)
Status: in_force

AMENDED BY ACT 2026-593, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Unless otherwise ordered by rule, with approval of the Governor, the following supplies and services need not be procured through the Division of Procurement and are exempt from the competitive requirements of this article:

(1) Works of art for museum and public display.

(2) Published books in any format such as digital, audio, or hardcopy; maps; periodicals; and technical pamphlets.

(3) Utility services where no competition exists or where rates are fixed by law.

(4) Purchases of alcoholic beverages by the Alcoholic Beverage Control Board.

(5) Purchases of products made or manufactured by the blind or visually handicapped under the direction or supervision of the Alabama Institute for Deaf and Blind in accordance with Chapter 2 of Title 21.

(6) Photographs purchased from a federal agency.

(7) Barter transactions by the Department of Corrections.

(8) The purchase of insurance and supplies or services related to the purchase of insurance.

(9) Supplies and services that by their very nature are impossible to award by competitive process, as determined by the Chief Procurement Officer.

(b) Any state department or agency whose principal business is honorariums is exempted from this chapter on purchases and contracts for services made by that department or agency.

(c) Nothing in this article is intended to repeal or limit any provision of Section 23-1-40 or Article 5 or Article 6 of Chapter 2 of Title 23, commencing with Section 23-2-140, relating to the procurement authority of the State Department of Transportation and the Alabama Toll Road, Bridge and Tunnel Authority. To the extent any provision contained in this article conflicts with Section 23-1-40 or Article 5 or Article 6 of Chapter 2 of Title 23, the latter governs.

(d) Nothing in this article repeals or limits any provision of Section 41-4-400, relating to the procurement authority of the Division of Construction Management. To the extent any provision contained in this article conflicts with Section 41-4-400, the latter governs.

(e) Nothing in this article repeals or limits any provision of Section 14-7-8, relating to the procurement authority of Alabama Correctional Industries. To the extent any provision contained in this article conflicts with Section 14-7-8, the latter governs.

(f) This article does not apply to any state authority, board, or other entity with respect to contracts relating to the issuance of debt that is required to be repaid from sources other than state funds.

(g) This article does not apply to direct health care services provided by the Alabama Department of Public Health.

(h) Nothing in this article applies to the administration of health benefit plans by a governmental body and supplies or services related thereto.

(i) Except for capital equipment, this article does not apply to the purchase by a public hospital of medical products, medical supplies, medical devices, services, implants, pharmaceuticals, fluids, gases, or any other medical products which are used in the course of treating patients, or to support the treatment of patients.

(j)(1) Except as provided in subdivision (2), the purchase of supplies or services negotiated on behalf of two-year and four-year colleges and universities may be awarded without competitive bidding, provided that no state revenues, appropriations, or other state funds are expended or committed and when it is determined by the respective board that financial benefits will accrue to the institution.

(2) When an Alabama business entity organized under the laws of this state is available to supply the product or service purchased or negotiated under subdivision (1), the Alabama business entity shall have preference unless the product or service supplied by a foreign corporation is substantially different or superior to the product or service supplied by the Alabama business entity.

(3) Public notice shall be provided by the purchasing agency within 10 days of the execution of a contract under this subsection. The public notice shall include, at a minimum, the terms and conditions of any of the supplies or services that are contracted through negotiation without being competitively bid and the name and address of the recipient of the contract.

(k) This article does not apply to purchases and contracts for the repair of equipment used in the construction and maintenance of highways by the Department of Transportation.

(l) This article does not apply to public works projects governed by Title 39.

(m) This article does not apply to the purchase by the Department of Transportation of road building materials for transportation infrastructure in the state. Road building materials may be purchased from private land owners or commercial providers from the nearest or most cost-effective source available for the particular application. Road building materials include dirt, gravel, stone, slag, or borrow materials, in natural state or processed by crushing, grading, or screening processes.

(n) This article does not apply to purchases of supplies and services for the maintenance and operation of highway infrastructure and right-of-way by the Department of Transportation.

(o) Nothing in this article is intended to repeal or limit any provision of Article 2, Chapter 1, Title 23, relating to the powers and authority of the Department of Transportation. To the extent any provision contained in this article conflicts with Article 2, Chapter 1, Title 23, the latter governs.

(p) Governmental bodies may purchase supplies from any vendor that offers the item at a price at least ten percent below the price established on a statewide contract by the Division of Procurement for the same item, provided that each purchase, whether for a single item or multiple items, does not exceed an amount established by rules of the Chief Procurement Officer. The Division of Procurement shall confirm that the terms and conditions of the purchases are substantially similar to those of the statewide contract for the same item prior to the approval of any purchase under this subsection. Any purchase that would be directly connected to any information technology network used by the state shall require prior approval by the Secretary of Information Technology. If the purchaser is to take possession of the purchased supplies at the vendor’s physical location, any acquisition of supplies under this subsection may be purchased only from vendors physically located within the state. The price of any supplies purchased under this subsection shall be the market price readily available to the public at large. The acquisition of supplies under this subsection is subject to the supervision and administration of the Division of Procurement.

(q) Nothing in this article is intended to repeal or limit any provision of Chapter 61E of Title 16, relating to the powers and authority of the Department of Education to enter into joint purchasing agreements on behalf of educational institutions. To the extent any provision contained in this article conflicts with Chapter 61E of Title 16, the latter governs.

(r) Nothing in this article shall be construed as repealing Section 9-2-106 or Section 9-2-107.

(s) This article does not apply to purchases by the Alabama Department of Rehabilitation Services of supplies and services for the Alabama Department of Rehabilitation Services consumers.

(t) This article does not apply to the Alabama Medicaid Agency for purposes of the selection of professional service providers for contracts with physicians, pharmacists, dentists, optometrists, opticians, nurses, and other health professionals which involve only service on agency task forces, boards, or committees.
Ala. Code § 41-9-592 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-592
Section 41-9-592 Composition of Commission; Terms of Service of Members of Commission
Status: in_force

(a) The commission shall be composed of two sections.

(b) The voting section shall include all of the following:

(1) The Secretary of the Alabama State Law Enforcement Agency.

(2) The Attorney General.

(3) The Executive Director of the Board of Pardons and Paroles.

(4) The Commissioner of the Department of Corrections.

(5) The President of the Alabama Sheriffs Association.

(6) The President of the Alabama Association of Chiefs of Police.

(7) The Director of the Law Enforcement and Traffic Safety Division within the Alabama Department of Economic and Community Affairs.

(8) The President of the Alabama District Attorneys Association.

(9) The President of the Alabama Circuit Clerks’ Association.

(10) The Chief Justice of the Alabama Supreme Court.

(11) The President of the Alabama District Judges’ Association.

(12) The President of the Alabama Circuit Judges’ Association.

(13) The Alabama Secretary of Information Technology.

(14) The President of the Alabama Probate Judges Association.

(15) The President of the Alabama Municipal Court Judges Association.

(c) The advisory section shall include:

(1) The presiding officer of the Alabama Senate.

(2) The Speaker of the Alabama House of Representatives.

(3) The President of the Association of County Commissions of Alabama.

(4) The President of the Alabama League of Municipalities.

(5) The Administrative Director of Courts.

(6) The Executive Director of the Alabama Peace Officers’ Standards and Training Commission.

(7) A citizen of the State of Alabama, to be appointed by the Governor.

(d) Any member, except the citizen appointee, may designate in writing a designee based upon qualifications and with a view of continuity of representation and attendance at the commission meetings.

(e) No person or individual shall continue to serve on the commission when he or she no longer officially represents the function or serves in the capacity enumerated in this section as a member to which he or she was elected or appointed.
Ala. Code § 41-4-31 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-31
Section 41-4-31 Bond
Status: in_force

Before entering the duties of his or her office, the Director of Finance shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than $150,000.00, for the faithful performance of his or her duties.
Ala. Code § 41-23-196 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-196
Section 41-23-196 Advisory Committee - Functions
Status: in_force

The advisory committee shall do all of the following:

(1) Review and advise department staff on all policies and procedures for administration of the trust fund including, but not limited to:

a. Development of a process for making awards from the trust fund.

b. Development of policies and rules for operating the trust fund including priorities for making awards and criteria for evaluating applications, and delineation of all compliance and reporting responsibility of fund recipients.

(2) Review and advise department staff on the collection and presentation of data on the use and impact of the trust fund and the preparation of an annual performance report to be submitted to the Legislature, the Governor, and the public.

(3) Pursue additional sources of revenue beyond appropriations from the state.

(4) Ensure that the dedicated resources alleviate the public transportation and connectivity needs of Alabamians by targeting hard-to-serve, special needs populations, including, but not limited to, the disabled, the elderly, and rural populations.

(5) Prepare, in collaboration with department staff, an annual review of the rules, compliance responsibilities, set-asides, funding priorities, policies, funding recommendations, and funding decisions, including any recommended changes to the operation of the trust fund. This review shall be presented to the director for final approval.
Ala. Code § 41-9-236 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-236
Section 41-9-236 Exceptions
Status: in_force

This article does not apply to any of the following:

(1) Art and artifacts in the collections of museums, archives, and libraries.

(2) Any architecturally significant building, memorial building, memorial street, or monument that is any of the following:

a. Located on public property under the control of, or acquired by, the State Department of Transportation, which may interfere with the construction, maintenance, or operation of the public transportation system. The department shall strive to ensure that any architecturally significant building, memorial building, memorial street, or monument is preserved to the greatest extent possible.

b. Located on public property under the control of, or acquired by, a county or municipal body or a university, which may interfere with the construction, maintenance, or operation of the public transportation system. The governing body of the county, municipality, or university shall strive to ensure that any architecturally significant building, memorial building, memorial street, or monument is preserved to the greatest extent possible.

c. Located on public property operated or used by a utility, which may interfere with providing utility service. The utility shall strive to ensure that any architecturally significant building, memorial building, memorial street, or monument is preserved to the greatest extent possible.

d. Located on public property under the control of, or acquired by, the Alabama State Port Authority, which may interfere with the construction, maintenance, or operation of the port infrastructure or port related activities. The authority shall strive to ensure that any architecturally significant building, memorial building, memorial street, or monument is preserved to the greatest extent possible.
Ala. Code § 41-28-8 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-8
Section 41-28-8 Exemption from Alabama Sunset Law
Status: in_force

The Office of the Secretary of Information Technology shall not be subject to the Alabama Sunset Law, Chapter 20 of this title, as an enumerated agency as provided in Section 41-20-3.
Ala. Code § 41-10-450 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-450
Section 41-10-450 Legislative Intent
Status: in_force

It is the intent of the Legislature by the passage of this article to authorize the incorporation of the Governor, the Director of Finance, and the State Treasurer as a public corporation for the sole purpose of constructing, renovating, reconstructing, improving, altering, adding to, demolishing, equipping, operating and maintaining or contracting for the constructing, renovation, reconstruction, improvement, alteration, addition, demolition, equipment, operation and maintenance of public office buildings (including the State Capitol), and surfacing and resurfacing of land for parking and other uses to produce revenue and to vest such corporation with all powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish such purpose. This article shall be liberally construed in conformity with the purpose expressed.
Ala. Code § 41-10-700 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-700
Section 41-10-700 Definitions
Status: in_force

Transferred to §41-10-727 by Act 2010-220, p. 365, §4, effective March 22, 2010.
Ala. Code § 41-10-144 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-144
Section 41-10-144 Bonds - Statutory Mortgage Lien to Secure Payment of Principal and Interest; Recording Notice
Status: in_force

Any resolution of the board or trust indenture under which bonds may be issued pursuant to the provisions of this article may contain provisions creating a statutory mortgage lien in favor of the holders of such bonds and of the interest coupons applicable thereto on the property and facilities, or any part thereof (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the board or the said trust indenture may provide for the filing for record in the office of the judge of probate of each county in which any property and facilities, or any part thereof, may be located of a notice containing a brief description of such bonds and a declaration that the said statutory mortgage lien has been created for the benefit of the holders of such bonds and the interest coupons applicable thereto upon such property and facilities, or any thereof, including additions thereto and extensions thereof. Each judge of probate shall receive and record and index under the name of the authority any such notice filed for record in his office. The recording of such notice, as provided in this section, shall operate as constructive notice of the contents thereof.
Ala. Code § 41-10-469 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-469
Section 41-10-469 Use of Proceeds of Refunding Bonds
Status: in_force

The proceeds of refunding bonds shall be applied, together with any other moneys legally available therefor, to the payment of the expenses authorized by this article and to the payment of the principal of, premium, if any, and interest due and to become due on any outstanding bonds to be refunded thereby and, if so required by resolution of the authority, shall be deposited in the State Treasury in an interest account to pay interest on refunding bonds, and in the State Treasury in a reserve account to further secure the payment of the principal of, premium, if any, and interest on any refunding bonds. The expenses authorized by this article shall include, in addition to expenses authorized by other sections hereof, all expenses that the board of directors may deem necessary or advantageous in connection with the sale and issuance of such refunding bonds, including without limitation, the expenses of selling and issuing such refunding bonds (including any discount reflected in the purchase price thereof paid to the authority), fees and disbursements of attorneys, accountants, fiscal agents, financial advisors and other consultants, fees and disbursements of trustees, escrow agents, registrars, paying agents, transfer agents, depositories for safekeeping, authenticating agents, agents for the delivery and payment of bonds, fees and commissions of bond insurers and credit enhancers, printing costs and other customary bond issuance expenses. To the extent not required for the immediate payment of outstanding bonds or for deposit into an interest account or a reserve account, proceeds of refunding bonds together with any other moneys legally available therefor, shall be deposited with the State Treasurer, in trust, to be held separate and apart from all other funds of the state, or, with the approval of the State Treasurer, shall be deposited in trust, on such terms as the State Treasurer shall approve, with one or more trustees or escrow agents, which trustees or escrow agents shall be trust companies or national or state banks, located either within or without the state, having powers of a trust company. Any such proceeds or moneys deposited in trust with the State Treasurer or with one or more trustees or escrow agents shall be applied solely to the payment when due of the principal of, premium, if any, and interest due and to become due on the outstanding bonds on or prior to the redemption date or maturity date thereof, as the case may be. Any such proceeds or moneys so held by the State Treasurer or deposited with one or more trustees or escrow agents, may be invested in government securities; provided, such government securities shall not be subject to redemption prior to their maturity other than at the option of the holder thereof. Except as provided in the immediately succeeding sentence, neither the government securities nor moneys so deposited with the State Treasurer, or with one or more trustees or escrow agents, shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal of, redemption premium, if any, and interest on such outstanding bonds to be refunded thereby; provided that any cash received from such principal or interest payments on such government securities deposited with the State Treasurer, or with one or more trustees or escrow agents, (a) to the extent such cash will not be required at any time for such purpose, shall be retained by, or paid over to the State Treasurer, as the case may be, for deposit to the account of the authority, and (b) to the extent such cash will be required for such purpose at a later date, shall, to the extent practicable and legally permissible, be reinvested in government securities maturing at times and in amounts sufficient to pay when due the principal of, premium, if any, and interest on such outstanding bonds on and prior to such redemption date or maturity date thereof, as the case may be, and interest earned from such reinvestments to the extent not required for the payment of such outstanding bonds shall be retained by, or paid over to the State Treasurer, as the case may be, for deposit to the account of the authority. Notwithstanding anything to the contrary contained herein: (a) moneys on deposit pursuant to the provisions of this section may be applied and government securities so deposited may be redeemed and sold and the proceeds thereof applied to (i) the purchase of the outstanding bonds which were refunded by the deposit with the State Treasurer or with one or more trustees or escrow agents of such moneys and government securities and immediately thereafter all outstanding bonds so purchased shall be cancelled, or (ii) the purchase of different government securities; provided, however, that the moneys and government securities on deposit with the State Treasurer or with one or more trustees or escrow agents after such purchase and cancellation of such outstanding bonds or such purchase of different government securities shall be sufficient to pay when due the principal of, premium, if any, and interest on all other outstanding bonds in respect of which such moneys and government securities were deposited on or prior to the redemption date or maturity date thereof, as the case may be; and (b) in the event that on any date, as a result of any purchases and cancellations of outstanding bonds or any purchases of different government securities as provided in this sentence, the total amount of moneys and government securities remaining on deposit with the State Treasurer or with one or more trustees or escrow agents, is in excess of the total amount which would have been required to be deposited with the State Treasurer or trustee or escrow agent on such date in respect of the remaining outstanding bonds for which such deposit was made in order to pay when due the principal of, premium, if any, and interest on such remaining outstanding bonds, the State Treasurer shall deposit the amount of such excess in the account of the authority, or the trustee or escrow agent shall, upon the direction of the State Treasurer, pay the amount of such excess to the State Treasurer for deposit to the account of the authority.

The State Treasurer, acting in the capacity of trustee, may name one or more trust companies, national banks, or state banks, located either within or without the state, to act as the State Treasurer’s depository for any funds escrowed pursuant to the provisions of this section.

All applications of proceeds of refunding bonds or other moneys deposited in trust for the payment of outstanding bonds as provided in this section, including without limitation the investment thereof and the sale of any related government securities, shall be at the direction of the authority, but subject to the prior approval of the State Treasurer. Any such approval of the State Treasurer may be given at any time, including without limitation at the time of the adoption by the board of directors of any resolution relating to any bonds and, once given, such approval shall be irrevocable.

Moneys on deposit in any reserve account created pursuant to the provisions of this section shall be invested by the State Treasurer at the direction of the authority in permitted investments which mature at such time or times as the authority shall direct. Interest income earned from such investments shall be deposited as received by the State Treasurer in the account of the authority.
Ala. Code § 41-10-48.06 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.06
Section 41-10-48.06 Selection of Eligible Projects; Limitations on Loans
Status: in_force

(a) In considering applications for eligible projects, the authority may request additional input from external experts as to the urgency of the energy infrastructure project, the ability of the applicant to execute the project within the stated time frame, and other assistance as determined by the authority.

(b) The total aggregate amount of loans or other financial assistance provided by the bank in any year shall be limited to an amount that would not jeopardize the viability of the fund, as determined by the authority with the advice of external experts.

(c) In selecting eligible projects, the authority shall consider, with assistance from external experts, project feasibility and the degree of financial risk to be assumed by the authority.

(d) The authority shall ensure that no electric provider receives more than 40 percent of the loan or financial assistance funds provided by the bank in each calendar year unless a joint application of electric provider is made; provided, however, in no event (even with a joint application) shall more than 50 percent of the loan or financial assistance funds provided by the bank in each calendar year be received by any single electric provider.

(e) The authority shall reserve at least 40 percent of the aggregate amount available in each calendar year for loans and other financial assistance from the energy bank for use for energy infrastructure projects in rural areas. In the event that applications are not received for energy infrastructure projects in the rural areas by the close of the second quarter of the applicable calendar year, the reservation shall no longer apply and the funds may be used for other energy infrastructure projects; provided, however, that, in failing to apply for an energy infrastructure project by the end of the second calendar quarter of a calendar year, an electric provider is not prohibited from subsequently applying and receiving an allocation of funds for energy infrastructure projects in rural areas later in that calendar year.
Ala. Code § 41-23-4 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-4
Section 41-23-4 Appointment of Director; Term of Office; Salary; Qualifications; Planning and Programming by Department
Status: in_force

(a) The Governor shall appoint a chief administrative officer to be designated as Director of the Department of Economic and Community Affairs. Such officer shall serve at the pleasure of the Governor at a salary to be set in the same manner and with the same limitations as otherwise provided by law for executive department heads. The director of the said department shall be a member of such boards, councils, and commissions, as they relate to his or her authority under the provisions of this article, and as required and currently authorized under the various federal programs and as approved by the Governor.

(b) The Governor through the Department of Economic and Community Affairs shall encourage comprehensive and coordinated planning and programming of economic and community affairs.
Ala. Code § 41-9-140 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-140
Section 41-9-140 Creation; Composition; Election and Filling of Vacancies of Legislative Members; Officers; Compensation and Expenses of Members; Meetings Generally
Status: reserved

Repealed by Act 2015-435 effective October 1, 2015.
Ala. Code § 41-9-787 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-787
Section 41-9-787 Article Liberally Construed
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 § 41-3-5 — Alabama Code / Title 41 / Chapter 3 / Section 41-3-5
Section 41-3-5 Disposition of Objects Taken from Remains
Status: in_force

No objects taken from such remains shall be sold or disposed of out of the state, but when removed therefrom the objects so gathered shall be retained in state custody and either placed in the collection of the Department of Archives and History or in the museums or in the libraries of the educational or other institutions of the state or they may be exchanged for similar or other objects from other states, museums, libraries, or individuals.
Ala. Code § 41-10-367 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-367
Section 41-10-367 Investment of Surplus Proceeds from Sale of Bonds; Disbursement of Income Derived from Such Investments
Status: in_force

Any portion of the principal proceeds derived from the sale of the bonds which the board of directors may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall, on order of the authority, be invested by the State Treasurer in permitted investments which mature at such time or times as the authority shall direct. Any such investments may, at any time and from time to time on order of the authority, be sold or otherwise converted by the State Treasurer into cash. The income derived from any such investments shall be disbursed on order of the authority for any purpose for which it may lawfully expend funds.
Ala. Code § 41-9-325 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-325
Section 41-9-325 Commission a State Agency; Commission to Have Exclusive Control Over Tannehill Furnace and Foundry; Rule Making and Police Power
Status: in_force

The commission shall be a state agency and shall have exclusive control over the Tannehill Furnace and Foundry and the area appurtenant thereto, the memorial park established under this division, all improvements and exhibits located thereon and any additions constructed, created, leased, acquired, or erected in connection therewith. The commission shall have the power and authority to establish and promulgate and from time to time alter, amend, or repeal rules and regulations concerning the preservation, protection, and use of the Tannehill Furnace and Foundry and the memorial park and to preserve the peace therein. Any person who violates any rule or regulation so established and promulgated shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than one year, or both, and may be adjudged to pay all costs of the proceedings. The commissioners shall have and are hereby vested with full police power to prefer charges against and to make arrests of any person or persons violating any such rule or regulation. The commission shall have full authority to designate any employee or employees of the commission as deputy police officers, who shall have full authority to prefer charges against or to make arrests of any person or persons violating any rule or regulation established and promulgated by the commission as provided hereunder.
Ala. Code § 41-9-958 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-958
Section 41-9-958 Commission a State Agency; Exclusive Control Over Museum, Improvements, Etc
Status: in_force

The commission shall be a state agency and shall have exclusive control over the museum established under this article, all improvements and exhibits, and any additions constructed, created, leased, acquired, or erected.
Ala. Code § 41-10-863 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-863
Section 41-10-863 Grants for Construction or Operation of Greenway Trails
Status: in_force

(a) The council may provide grants to public or private entities engaged in the construction or operation of greenway trails for any legitimate purpose related to greenway trails compatible with the master plan using monies from the project fund.

(b) Any entity that receives grant money from the project fund shall enter into a contract with a public or private entity regarding the construction of signs, fences, barriers, or other structures relating to any property or property interest donated or transferred for purposes of greenway trails compatible with the master plan.

(c) At the request of the owner of an abutting property, any entity that receives grant money from the project fund shall direct its contractor to erect a barrier clearly delineating where the trail property ends and private property begins. The barrier shall be erected within a reasonable time following the submission of the request and at no cost to the owner of the abutting property. This subsection shall only apply to sections of a greenway trail that benefited from grant money from the project fund pursuant to this article.

(d) When carrying out any activities required by Section 41-10-861(a), the developer shall be exempt from the requirements of subsection (b).
Ala. Code § 41-15A-2 — Alabama Code / Title 41 / Chapter 15A / Section 41-15A-2
Section 41-15A-2 Distribution of Proceeds
Status: in_force

(a) Proceeds from the Penny Trust Fund which are dedicated for the promotion of the public health shall be transmitted by the Comptroller to the Department of Public Health for the Alabama Drug Assistance Program and other similar programs upon application of the State Health Officer and approval by the board.

(b) Proceeds from the Penny Trust Fund which are dedicated for the promotion of the public health of children in public schools shall be transmitted by the Comptroller to the State Board of Education upon application of the State Superintendent of Education and approval by the board. Revenues received by any school system from the Penny Trust Fund shall not replace or supplant any existing funds or programs from any other source.

(c) There is appropriated from the Penny Trust Fund for any fiscal year accumulated earnings, available and not appropriated in any fiscal year 2001 and forward sufficient to fund all applications and proposals approved by the board and in the amount certified by the State Treasurer to the Director of Finance.
Ala. Code § 41-1-40 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-40
Section 41-1-40 Legislative Findings
Status: in_force

The Legislature finds and declares that the making and managing of investments or the borrowing of money by governmental entities involves a variety of interest rate, investment, payment, and similar risks. A number of financial instruments are available to hedge against those risks. Many governmental entities lack express statutory authority to take advantage of those instruments, and it is desirable that they have the authority.
Ala. Code § 41-20-16 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-16
Section 41-20-16 Construction of Chapter
Status: in_force

Nothing in this chapter shall be construed to abrogate any powers, duties or functions of any agency established by the people of Alabama in the Constitution of 1901.
Ala. Code § 41-14-14 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-14
Section 41-14-14 Treasurer May Deposit Funds Received from State or County Officers in State Depositaries
Status: in_force

The Treasurer, by and with the approval of the Governor, may place all funds or any part thereof paid to him or her by county or state officers or any other funds that he may have at any time on hand in any one or more of the state depositaries under the same rules and regulations governing other deposits made under this article.
Ala. Code § 41-10-44.4 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.4
Section 41-10-44.4 Determination of Approved Companies
Status: in_force

The authority shall promulgate criteria for the determination and selection of approved companies and the approval of projects proposed by such companies. Such criteria shall give greatest weight to the creditworthiness of the project sponsors, the number, type, and quality of new jobs to be provided by the project to residents of the state, and the economic viability of the proposed project. The authority may include in its criteria requirements relating to the capital costs of, and projected employment to be produced by, projects eligible for financing under this article and requirements relating to the employment of previously unemployed or underemployed persons. The authority shall require as a condition for designation as an approved company either (i) that the average hourly wage for full-time hourly wage paid employees at the project be at least eight dollars ($8) per hour, or (ii) that the average total compensation (including benefits) for full-time paid employees at the project be at least equivalent to ten dollars ($10) per hour. Notwithstanding the foregoing, the State Industrial Development Authority may allow up to a 10 percent variance from the aforementioned wage requirements for employees when determining and selecting an approved company or project producing or processing agricultural products if the authority expects that the company or project will have a significant economic impact on the area in which it will be located. Provided however, such a variance may not be allowed if the effect of the action of the authority will result in a decrease in state employment. With respect to each applicant for financing under this article, and with respect to the project described in its application, the authority shall request such materials and make such inquiries as are necessary to determine whether the applicant and its proposed project satisfy the authority’s announced criteria and to conduct an adequate cost/benefit analysis with respect to the proposed project and the incentives proposed to be granted by the authority with respect thereto. After a diligent review of the relevant materials and completion of its inquiries and analysis, the authority may by resolution of its board of directors designate an applicant as an approved company and authorize the undertaking of its project.
Ala. Code § 41-4-303 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-303
Section 41-4-303 Applicability of Article; Coverage of Risk Management Program
Status: in_force

The provisions of this article shall not apply to: universities and colleges; the port authority; or county and city boards of education, except as is already required by Section 41-15-1 et seq., relating to the State Insurance Fund. Provided however that universities and colleges may elect to participate in, and be covered by, such risk management program. A university or college may elect to participate in and be covered by such program by giving notice thereof to the Division of Risk Management not less than six months prior to the beginning of the fiscal year in which such university or college desires to begin participation in and coverage by such program. Any university or college which elects to be covered by such risk management program may terminate such participation and coverage by giving notice thereof to the Division of Risk Management not less than six months prior to the beginning of the fiscal year such university or college desires to terminate such participation and coverage.
Ala. Code § 41-10-147 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-147
Section 41-10-147 Exemption from Taxation, Fees, and Costs
Status: in_force

Each authority formed under this article, the property and income of the authority, all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority and leases, mortgages, and deeds of trust by and to the authority shall be exempt from all taxation in the state. An authority shall not be obligated to pay or allow the payment of any fees, taxes, or costs to the Secretary of State in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, each authority being hereby exempted from the payment of any such fees, taxes, and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities authorized by this article.
Ala. Code § 41-10-268.1 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-268.1
Section 41-10-268.1 Issuance of Bonds - 2007 Authorization
Status: in_force

(a) As used in this section, the following terms shall have the following respective meanings:

(1) “Authority” means the Alabama Judicial Building Authority organized pursuant to the 1986 Act.

(2) “1986 Act” means Act No. 86-420, enacted at the 1986 Regular Session of the Legislature of Alabama and codified in this chapter

(3) “Series 1996 Bonds” means the Alabama Judicial Building Authority Revenue Refunding Bonds, Series 1996.

(b) In addition to those bonds authorized to be issued or refunded by the authority pursuant to the 1986 Act, the authority is hereby authorized to sell and issue additional revenue bonds not to exceed an aggregate principal amount of $10,000,000 for the purposes of providing funds for capital expenditures and for the repair of the roof and other structural damage to the judicial building; provided, however, that the additional bonds may only be issued if the authority refunds its Series 1996 Bonds and the total annual debt service payable in any fiscal year on the refunding bonds plus the total annual debt service payable in the same fiscal year on the additional bonds is not greater than $3,975,000.

(c) Relative to issuance expenses, contracts, and appointments incurred in connection with the issuance of bonds, the authority shall contract with businesses or individuals which reflect the racial and ethnic diversity of the state.
Ala. Code § 41-9-655.03 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-655.03
Section 41-9-655.03 Annual Report
Status: in_force

(a) Annually, on or before February 1, the Alabama Justice Information Commission shall submit to the Speaker of the House of Representatives, President Pro Tempore of the Senate, and Governor a written report that includes all of the following:

(1) A summary of seizure and forfeiture activity in the state for the preceding fiscal year.

(2) The type, approximate value, and disposition of the property seized and forfeited.

(3) The amount of any proceeds received.

(b) The summary for data on seizures and forfeitures may be disaggregated by the commission. The aggregate report shall also be made available on the website of the Alabama Justice Information Commission and shall contain all civil case numbers assigned in state court.

(c) The Alabama Justice Information Commission may include in the report required under this section recommendations to improve laws, rules, and policies to better ensure that seizure, forfeiture, and expenditures are done and reported in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, law enforcement, and taxpayers.
Ala. Code § 41-9-543 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-543
Section 41-9-543 Powers and Duties
Status: in_force

(a) The authority shall constitute a body corporate and shall have, in addition to those powers and responsibilities set out in this article, all powers necessary or convenient to effect the purposes for which it has been established by this article, together with all powers incidental thereto or necessary for the discharge of its powers and duties.

(b) The authority shall be a state agency and shall have exclusive control over the Governor’s Mansion Complex, all improvements located thereon, and any additions constructed, created, leased, acquired, or erected in connection therewith, including the contents of the Governor’s Mansion. Any change to the exterior, interior, and contents of the Governor’s Mansion and Hill House requires prior approval of the authority. The private living quarters of the Governor and the family of the Governor, as designated by the authority, are excepted from this requirement for an interior change to the contents or a nonstructural decorative change other than fixtures. The authority may establish and promulgate and, from time to time, alter, amend, or repeal rules concerning the preservation, protection, and use of the Governor’s Mansion Complex. The complex shall be subject to the historic preservation ordinance of the City of Montgomery.

(c) The authority shall take possession under deed of the land and other property within the Governor’s Mansion Complex. By October 1, 2011, the Director of Finance or any and all other state agencies or entities owning property within the complex shall deed in fee simple such lands and appurtenances to the authority and shall transfer ownership of the entire contents of the Governor’s Mansion, the Hill House, and any other structure as audited by the State Auditor, to the authority. The Director of Finance shall also sell, give, or lend any personal property necessary or convenient for the operation of the complex to the authority. The authority also may lease, accept as a gift or loan, or otherwise acquire any property, real or personal, including gifts, bequests of money, or other things of value, to be used in fulfilling the purpose for which it is established, or for any auxiliary purpose incidental or appropriate thereto.

(d) By October 1, 2011, the State Treasurer shall deposit all remaining state appropriations for the current fiscal year for the Governor’s Mansion into the Governor’s Mansion Preservation Fund in the State Treasury, established pursuant to subsection (d) of Section 41-9-545.
Ala. Code § 41-5A-5 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-5
Section 41-5A-5 Chief Examiner - Powers and Duties Generally
Status: in_force

(a) The chief examiner shall be the executive and administrative head of the department and shall have the power and duty to do all of the following subject to review and oversight by the Legislative Committee on Public Accounts:

(1) Exercise general supervision of and make regulations for the governance of the department.

(2) Prescribe uniform rules pertaining to investigations, examinations, audits, and departmental hearings.

(3) Supervise the fiscal affairs and responsibilities of the department.

(4) Appoint and remove the staff, officers, and employees of the department, subject to the Merit System Act and the rules issued pursuant thereto.

(5) Keep an accurate and complete record of all proceedings of the department; record and file all bonds, reports, and other documents; and assume responsibility for the custody and preservation of all papers and documents of the department.

(6) Make recommendations and an annual report to the Governor and to the Legislative Committee on Public Accounts concerning the condition, operation, functioning, and findings of the department.

(7) Invoke any legal, equitable, or special remedy for the enforcement of orders or this chapter.

(8) Notwithstanding any other law to the contrary, exercise any other power necessary to expedite the making of thorough and accurate audits of the accounts of all individuals or entities receiving or disbursing public funds.

(9) Examine and audit the books, accounts, and records of all state and county offices, officers, bureaus, authorities, boards, commissions, corporations, departments, and agencies.

(10) a. Prepare, in consultation with the Association of County Commissions of Alabama, except with respect to county boards of education, such bookkeeping, accounting, and reporting systems, procedures, records, and forms as may be necessary to install a uniform system of accounting and reporting in the various county offices. This paragraph does not authorize the Department of Examiners of Public Accounts to prescribe specific accounting software to be utilized in various county offices.

b. Prepare such bookkeeping, accounting, and reporting systems, procedures, records, and forms as may be necessary to install a uniform system of accounting and reporting in the various state offices.

(11) Report to the Legislative Committee on Public Accounts, the Governor, and the Contract Review Permanent Legislative Oversight Committee every expenditure or contract found to have been made in violation of law.

(12) Prepare, for use by the county boards of education, bookkeeping, accounting, and reporting systems, procedures, records, and forms necessary for the installation of a uniform system of accounting and reporting by the several county boards of education; install the bookkeeping, accounting, and reporting systems for the county boards of education; and exercise and maintain continuing supervision thereof.

(13) Prepare and furnish to the chairs of the county commissions of the several counties of the state a fiscal statement of each county, as of the end of each fiscal year, the statement showing receipts, disbursements, outstanding indebtedness, and securities owned of and by each of the several counties.

(b) All powers and duties vested in the chief examiner may be delegated to his or her appointed assistants, staff, deputies, and employees, but the chief examiner shall be responsible for their actions.
Ala. Code § 41-9-142 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-142
Section 41-9-142 Commission User Fees to Be Deposited into Revenue Fund; Permissible Disbursements; Limitations on Uses; When Commission May Begin to Charge
Status: reserved

Repealed by Act 2015-435 effective October 1, 2015.
Ala. Code § 41-19A-2 — Alabama Code / Title 41 / Chapter 19A / Section 41-19A-2
Section 41-19A-2 Legislative Findings
Status: in_force

The Legislature recognizes that Alabama citizens demand and deserve accountability for the expenditure of taxpayer funds. The Legislature further recognizes that any member of the Alabama Legislature, as well as any other citizen, can lobby for or offer support for a program administered by an entity that receives public funds. The Legislature further recognizes that while at least two executive orders have banned pass-through appropriations, not all entities are effectively included under these executive orders.
Ala. Code § 41-10-3 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-3
Section 41-10-3 Alabama Building Corporation
Status: in_force

To the extent that such have not been heretofore exercised or discharged, all rights, powers, duties, and liabilities of the Alabama Building Corporation created by Act No. 477 of the 1951 Legislature, page 845, Acts of 1951, approved August 17, 1951, are hereby continued in full force and effect until such have been fully exercised and discharged. At such time as all of the rights, powers, duties, and liabilities of the said Alabama Building Corporation have been exercised or discharged, including specifically the payment or discharge of all bonds or other securities issued by such corporation, the said corporation shall perform the acts of dissolution prescribed by Section 18 of said act, and thereupon the said corporation shall cease to exist.
Ala. Code § 41-10-88 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-88
Section 41-10-88 Board of Directors of Corporation - Election and Terms of Office of Members Generally
Status: in_force

The governing body shall elect the number of directors provided in the certificate of incorporation of the corporation for staggered terms of office. At the time of the election of the first board, the governing body shall divide the directors into three groups containing as nearly equal whole numbers as may be possible. The first term of the directors included in the first group shall be two years; the first term of the directors included in the second group shall be four years; the first term of the directors included in the third group shall be six years; and, thereafter, the terms of all directors shall be six years; provided, that if at the expiration of any term of office of any director a successor shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his or her successor shall be so elected.
Ala. Code § 41-29-400 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-400
Section 41-29-400 Legislative Oversight Commission
Status: in_force

(a) There is hereby created the Legislative Oversight Commission of the Alabama Industrial Development and Training Institute to consist of the Chair and Deputy Chair of the Senate Committee on Finance and Taxation, three members of the Senate to be appointed by the Lieutenant Governor, the Chair and Vice-chair of the House Ways and Means Committee, and three members of the House of Representatives to be appointed by the Speaker of the House.

(b) The commission shall hold an organizational meeting within 30 days after the date determined pursuant to Section 41-29-6, and shall elect a chair and vice-chair from among its members. Thereafter, the commission shall meet at least two times annually, and additional meetings shall be held at the call of the chair or upon the request of six or more members. Such meetings shall be held with the Director of the Alabama Industrial Development and Training Institute in attendance.

(c) The commission shall adopt its own rules of procedure for the transaction of business, and a majority of the members present shall constitute a quorum for the purpose of transacting business or performing authorized duties.

(d) Each member of the commission shall be entitled to his or her regular legislative compensation and per diem and travel expenses for each day he or she attends a meeting or conducts business of the commission, and such compensation and expenses shall be paid from the funds appropriated for the use of the Legislature.

(e) The commission shall monitor and evaluate the management and operations of the Alabama Industrial Development and Training Institute, shall recommend to the Legislature the enactment of such laws respecting the Alabama Industrial Development and Training Institute as the commission shall deem desirable, and shall submit a written report on the operations, finances and grants made by the Alabama Industrial Development and Training Institute during each regular session of the Alabama Legislature.
Ala. Code § 41-4-305 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-305
Section 41-4-305 Risk Manager; Appointment; Compensation
Status: in_force

The Division of Risk Management shall be headed by and under the supervision, direction and control of an officer who shall be designated “risk manager.” The risk manager shall be appointed and compensated, subject to the provisions of the state Merit System, by the Director of Finance, with the approval of the Governor. Salary of said risk manager shall be paid from self-insured programs on a basis determined by the Finance Director.
Ala. Code § 41-9-90.1 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-90.1
Section 41-9-90.1 Creation of Commission; Composition; Appointment and Terms of Members; Officers; Vacancies; Mileage and Per Diem Allowance; Certain Charges and Interests Unlawful for Members and Employees; Penalty; Meetings; Quorum; Function and Purpose; Rules and Regulations; Powers; Revenue Department to Furnish Clerical Help; Joint Promulgation of Administrative Rules
Status: reserved

Repealed by Act 2011-164, p. 297, §5, effective April 28, 2011.
Ala. Code § 41-4-166 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-166
Section 41-4-166 Solicitation or Proposed Award of Contract in Violation of Law - Cancellation or Revision
Status: in_force

If, prior to an award, a solicitation or proposed award of a contract is determined to be in violation of law, the solicitation or proposed award shall be cancelled or revised to comply with the law.
Ala. Code § 41-28-16 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-16
Section 41-28-16 Exemptions for Purposes of Public Safety, Criminal Justice, and Highway Maintenance and Construction
Status: in_force

This chapter shall not apply to two-way radio communications equipment, systems, or networks operated by state agencies for purposes related to public safety, the administration of criminal justice, or highway maintenance and construction operations.
Ala. Code § 41-10-811 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-811
Section 41-10-811 Report to Legislature
Status: in_force

The Alabama Innovation Corporation shall report to the Legislature beginning in 2023, pursuant to Section 40-1-50, an assessment of the corporation efforts to accomplish the goals pursuant to this article.
Ala. Code § 41-6-7 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-7
Section 41-6-7 Director - Salary
Status: in_force

The director shall receive an annual salary to be fixed in accordance with the provisions of Section 36-6-6, which shall be payable as the salaries of other state officers are paid.
Ala. Code § 41-9-200 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-200
Section 41-9-200 Legislative Findings; Purpose of Article
Status: in_force

(a) The Legislature finds and declares that:

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

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

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

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

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

(b) It is the purpose of this article to promote the development of the state’s human, economic and physical resources and to promote the health, safety, and general welfare of its citizens by creating, within the executive branch, an agency for comprehensive statewide planning and economic development. The agency shall act as an advisory, consulting and coordinating agency to harmonize activities at all levels of government, render planning assistance to governmental units and stimulate public interest and participation in the human resource, economic, and physical development of the state.
Ala. Code § 41-10-107 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-107
Section 41-10-107 Exemption from Taxation of Bonds, Income, Projects, Etc., of Corporation
Status: in_force

Each project and the income from all leases made with respect thereto, the bonds issued by the corporation and the income therefrom, and all lease agreements and indentures made pursuant to the provisions of this article shall be exempt from all taxation in the state.
Ala. Code § 41-10-671 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-671
Section 41-10-671 Legislative Findings and Purpose
Status: in_force

(a) The Legislature finds and declares the following:

(1) That it is appropriate and necessary that measures be taken to secure to the citizens of the state the benefits of a strengthening economy resulting from increased industrial development. That 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 the state.

(2) That the police power of the state places upon the Legislature the duties of ascertaining and determining when the welfare of the people requires the exercise of such power.

(3) That the public interest lies in the promotion of industry, and the welfare of the people is so inextricably intertwined with industry and industrial development as to make its well being a matter of governmental concern.

(4) That the recruitment of industries to the state, and the support of those industries, which produces additional jobs and strengthens the state’s economy, has become increasingly competitive, with the state being required to compete not only with other states, but also foreign nations.

(5) That in an effort to secure for its citizens the benefits of a sound and diversified economy and a higher quality of life, the State of Alabama, acting in its own name and through various entities, has made substantial financial commitments for incentives to induce certain companies to locate state-of-the-art manufacturing and other facilities in Alabama.

(6) That it is necessary and in the public interest to honor the commitments heretofore made by the State of Alabama to such companies.

(b) By the passage of this division, it is the intention of the Legislature to:

(1) Authorize the authority to sell and issue, in addition to all other bonds previously issued by the authority, its bonds not exceeding one hundred three million seven hundred sixty thousand dollars ($103,760,000) in aggregate principal amount for the purpose of providing the State of Alabama with the funds necessary to honor its commitments to the companies described herein;

(2) Prescribe certain additional powers and duties of the authority, which are necessary to enable the State of Alabama to honor its commitments to such companies;

(3) Provide that the bonds authorized hereby will be payable solely out of and secured by a pledge and assignment of tobacco revenues held in the Alabama 21st Century Fund.
Ala. Code § 41-4-127 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-127
Section 41-4-127 Rulemaking Authority
Status: in_force

(a) The Chief Procurement Officer, with approval of the Director of Finance and the Governor, shall adopt rules to implement and administer this article. The rules shall be made in accordance with the applicable provisions of the Administrative Procedure Act.

(b) The Chief Procurement Officer may not delegate the power to adopt rules.

(c) A rule may not change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of the adoption of the rule.