Ala. Code § 41-9-881 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-881
Section 41-9-881 Purpose of Board; Adoption of Rules, Regulations, and Bylaws
Status: in_force

It shall be the function and main purpose of the board to honor those living or dead, who by achievement or service, have made outstanding and lasting contributions to the profession and exhibited outstanding civic service in Alabama. The board may adopt such rules, regulations, and bylaws as it deems necessary to carry out its functions and duties.
Ala. Code § 41-9A-2.1 — Alabama Code / Title 41 / Chapter 9A / Section 41-9A-2.1
Section 41-9A-2.1 Determination Whether Criminal Conviction Disqualifies an Individual from Licensure; Request Form; Fees; Rulemaking
Status: in_force

(a) An individual who has been convicted of a criminal offense, at any time, may request in writing that an occupational licensing board determine whether the individual’s criminal conviction disqualifies that individual from obtaining a license from the board. Any individual making a request shall include any required fee as provided in subsection (e) and information relevant to the factors listed in Section 41-9A-2(b). An occupational licensing board, by rule, may prescribe a standard request form to be used by all individual’s requesting a determination.

(b) Not later than 30 days after receiving a request, an occupational licensing board shall make a determination, based on the factors provided in Section 41-9A-2, whether the individual’s criminal conviction disqualifies the individual from obtaining a license and notify the individual, in writing, of its determination. If the occupational licensing board disqualifies the individual, the notification must include an explanation that addresses the factors provided in Section 41-9A-2.

(c) A determination made pursuant to this section that an individual’s criminal conviction does not disqualify the individual from obtaining a license may be rescinded if, at the time the individual submits a completed application for licensure, the individual:

(1) Has been convicted of a subsequent crime;

(2) Is the subject of a pending criminal charge or charges; or

(3) Has failed to disclose a prior criminal conviction.

(d) If an individual submits a completed application for licensure after an occupational licensing board has determined pursuant to this section that the individual’s criminal conviction disqualifies him or her from obtaining a license, the occupational licensing board shall make a de novo determination as further provided in subsections (a) and (b).

(e) An occupational licensing board may charge a fee of not more than twenty dollars ($20) per request to reimburse the board for costs incurred in making a determination.

(f) An occupational licensing board may adopt rules to implement Section 41-9A-2 and this section.
Ala. Code § 41-10-498 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-498
Section 41-10-498 Temporary Loans in Anticipation of Issuance of Bonds
Status: in_force

In anticipation of issuance of bonds under this article, the authority may, from time to time, borrow such sums as may be needed for any of the purposes for which bonds are authorized to be issued under this article, and in evidence of the moneys so borrowed by issue of its promissory notes. The principal of and the interest on notes so issued may, from time to time, be refunded by refunding notes or by bonds in anticipation of the issuance of which such notes were issued. All such notes, whether initial issues or refunding issues, may bear interest from their dates until their maturities at such rate or rates as may be deemed acceptable by the board of directors, not to exceed 15 percent per annum, shall mature within three years from their date, and the principal thereof, premium, if any, and interest thereon shall be payable solely from the proceeds of the refunding notes issued to refund any such notes outstanding, the proceeds from the sale of bonds in anticipation of the issuance of which any such notes were issued and the sources from which bonds may be made payable pursuant to Section 41-10-509 of this article, all as may be provided in the resolution of the board of directors under which such notes may be issued.
Ala. Code § 41-10-44.10 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.10
Section 41-10-44.10 Refunding Obligations
Status: in_force

Any project obligations issued by the authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds or obligations payable from the same or different sources for the purpose of paying all or any part of the principal of the project obligations to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such project obligations that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the project obligations to be refunded, any interest to accrue on each project obligation to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with refunding; provided, that unless duly called for redemption pursuant to provisions contained therein, the holders of any such project obligations then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding project obligations for such refunding. Any refunding bonds or obligations may be sold by the authority at public or private sale at such price or prices as may be determined by the board of directors to be most advantageous, or may be exchanged for the project obligations to be refunded. Any such refunding bonds or obligations may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and have such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this article, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of the board of directors.

Any refunding bonds or obligations issued by the authority shall be issued and secured in accordance with the provisions of Section 41-10-44.5; provided, however, that no refunding bonds shall be issued unless the present value of all debt service on the refunding bonds (computed with a discount rate equal to the true interest rate of the refunding bonds and taking into account all underwriting discount and other issuance expenses) shall not be greater than 95 percent of the present value of all debt service on the bonds to be refunded (computed using the same discount rate and taking into account the underwriting discount and other issuance expenses originally applicable to such bonds) determined as if such bonds to be refunded were paid and retired in accordance with the schedule of maturities (considering mandatory redemption as a scheduled maturity) provided at the time of their issuance. Provided further that the average maturity of the refunding bonds, as measured from the date of issuance of such refunding bonds, shall not exceed by more than three years the average maturity of the bonds to be refunded, as also measured from such date of issuance, with the average maturity of any principal amount of bonds to be determined by multiplying the principal of each maturity by the number of years (including any fractional part of a year) intervening between such date of issuance and each such maturity, taking the sum of all such products, and then dividing such sum by the aggregate principal amount of bonds for which the average maturity is to be determined.
Ala. Code § 41-9-219.5 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-219.5
Section 41-9-219.5 Report
Status: in_force

(a) On or before the 30th day prior to the third and sixth anniversaries of the issuance of each qualified equity investment, the issuer of such qualified equity investment shall submit a report on a form that the department provides that includes all of the following:

(1) The name, address, and tax identification number of the issuer.

(2) The name, address, and tax identification number of any qualified active low-income community businesses in which the qualified community development has made qualified low-income community investments.

(3) A certificate executed by an executive officer of the issuer attesting to the number of qualified jobs and corresponding payroll created at the qualified active low-income community business, the average of the salaries of such jobs, and the date each job was created and, if applicable, terminated.

(4) A certificate executed by an executive officer of the issuer attesting to all of the following:

a. The value of buildings and commercial real estate, as recorded in the balance sheet of the qualified active low-income community business.

b. State, county, and municipal sales, use, income, and property taxes paid, as recorded in the financial statement of the qualified active low-income community business.

(5) Further information supporting the creation of such jobs as the department shall request.

(b) The department shall review the report and conduct other investigations as it deems necessary or appropriate to determine if standards have been met on or prior to the third and sixth anniversary of the issuance of the qualified equity investment.
Ala. Code § 41-29-241 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-241
Section 41-29-241 Alabama Small Business Advisory Committee Created; Composition; Meetings
Status: in_force

(a) The Alabama Small Business Advisory Committee is created and shall serve as a technical and informational source to the Alabama Small Business Commission. The chair of the commission shall also serve as chair of the committee.

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

(1) The Commissioner of the Department of Revenue, or his or her designee.

(2) The Commissioner of the Department of Workforce, or his or her designee.

(3) The Secretary of Commerce, or his or her designee.

(4) A member representing the Alabama Association of Chambers of Commerce, appointed by the Governor.

(5) A member representing the Economic Development Association of Alabama, appointed by the Governor.

(6) A member representing the Association of County Commissions of Alabama, appointed by the Governor.

(7) A member representing the Alabama League of Municipalities, appointed by the Governor.

(8) A member representing the utility industry, appointed by the Governor.

(9) The Chancellor of the Alabama Community College System, or his or her designee.

(10) Additional members as the Governor deems necessary.

(c) The advisory committee shall meet at the call of the chair.
Ala. Code § 41-20-2 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-2
Section 41-20-2 Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning, the following words shall be defined as follows:

(1) ENUMERATED AGENCY. All departments, councils, boards, commissions, divisions, bureaus, or like governmental units or subunits of the State of Alabama which are enumerated herein.

(2) NONENUMERATED AGENCY. All departments, councils, boards, commissions, divisions, bureaus, or like governmental units of the State of Alabama which are not enumerated herein.

(3) CONTINUANCE. Such term, or any derivative thereof shall mean continuance as presently in existence or as modified or reestablished by recommended legislation.

(4) PERFORMANCE AUDIT. The same as operational audit.

(5) SUNSET BILL. Any bill introduced pursuant to subsection (d) of Section 41-20-4 of this act.

(6) TERMINATION. The end, abolishment, or annulment of any agency or the act of causing the existence to cease.
Ala. Code § 41-23-123 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-123
Section 41-23-123 Inland Waterways and Intermodal Infrastructure Fund
Status: in_force

(a) The Inland Waterways and Intermodal Infrastructure Fund is created in ADECA to finance infrastructure improvements related to inland waterway and intermodal development projects, any national water recreation trail in Alabama which is designated by the National Park Service, and other projects as may be authorized by law for multi-modal transportation development.

(b) To receive funds under this article, a port, authority, other legal entity, or commission shall file an application with ADECA describing how the funds will be used and any other information ADECA may require. No application shall be approved or funds distributed unless the expenditure of funds are:

(1) Directly related to capital improvements, dredging for project development, including economic development for recreation, or the rebuilding or rehabilitation of basic waterway infrastructure and not for routine maintenance, administrative, or operational expenses; or

(2) For a project or use directly related to intermodal infrastructure development including, but not limited to, the operation of a port in its modal role; or

(3) For a purpose outside the normal operating budget of a port or intermodal infrastructure facility or a river-related community.
Ala. Code § 41-10-59 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-59
Section 41-10-59 Refunding Bonds
Status: in_force

Subject to the provisions contained in this article, the authority may from time to time sell and issue refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority issued under this article and then outstanding, together with any premium that may be necessary to be paid in order to redeem or retire the bonds proposed to be refunded. The limitations provided for in Section 41-10-56 on the amount of bonds authorized in this article shall not apply to the said refunding bonds.
Ala. Code § 41-4-110 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-110
Section 41-4-110 Purposes and Policies
Status: in_force

(a) This article shall be construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this article are to do all of the following:

(1) Simplify, clarify, and modernize the law governing procurement by the state.

(2) Permit the continued development of procurement policies and practices.

(3) Make as consistent as possible the procurement laws among the various jurisdictions.

(4) Provide for increased public confidence in the procedures followed in public procurement.

(5) Ensure the fair and equitable treatment of all persons who deal with the procurement system of this state.

(6) Provide increased economy in state procurement activities and maximize to the fullest extent practicable the purchasing value of public funds of the state.

(7) Foster effective broad-based competition within the free enterprise system.

(8) Provide safeguards for the maintenance of a procurement system of quality and integrity.

(9) Obtain in a cost-effective and responsive manner the materials and services required by state agencies in order for those agencies to better serve this state’s businesses and residents.
Ala. Code § 41-12-2 — Alabama Code / Title 41 / Chapter 12 / Section 41-12-2
Section 41-12-2 Department of Finance to Maintain Building; Payment of Expenses Thereof
Status: in_force

The care and upkeep of the building as a building shall be a part of the duties of the Department of Finance, and the expenses for such care and upkeep shall be payable from the funds annually appropriated therefor by the Legislature.
Ala. Code § 41-9-295 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-295
Section 41-9-295 Commercial Fishing Restrictions
Status: in_force

The commission may restrict, when necessary, as determined in writing in the sole discretion of the Commissioner of Conservation and Natural Resources, the activities of commercial fishing vessels in or around known underwater cultural resources when the likelihood of damage to or any alterations of the cultural resources is deemed evident. The restricted area shall encompass only the immediate area of the resource so as not to unduly disrupt fishing operations.
Ala. Code § 41-10-325 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-325
Section 41-10-325 Lease of Vacant Facilities to Prevent Default on Bonds
Status: in_force

If at any time any facility constructed or acquired by the authority is, or is about to be, vacant or unused as a result of there being no lease for such facility in effect for the current fiscal year, then, but only in such event, in order to prevent default on its bonds, the authority is hereby authorized to lease such facility to any other agency, department, bureau, or commission of the state, any municipal corporation, public corporation, county, or other public body in the state, or any agency of the federal government. Any such lease shall not be for the purpose of lending public credit but shall be solely to avoid default on the authority’s bonds and to insure the prompt payment of the principal thereof and interest thereon when due.
Ala. Code § 41-16A-7 — Alabama Code / Title 41 / Chapter 16A / Section 41-16A-7
Section 41-16A-7 Impact of Other State Laws Upon Interpretation of Contracts Executed Pursuant to This Chapter
Status: in_force

The provisions of any alternative financing contract that are either permitted or required to be included therein pursuant to this chapter shall be valid and enforceable in accordance with their terms notwithstanding any other laws of the state to the contrary. Notwithstanding the foregoing, the laws of the state other than this chapter shall determine whether a particular alternative financing contract constitutes a lease or a sale of the subject property to the governmental entity with the retention by the grantor party of a security interest and shall determine the applicability of Articles 2, 2A, and/or 9 of Title 7, as amended, to such alternative financing contract.
Ala. Code § 41-10-322 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-322
Section 41-10-322 Conveyance of Property by Commission; Right to Possession
Status: in_force

The chair of the commission is authorized upon direction and authorization of the commission to execute and deliver, at any time and from time to time, an appropriate deed or deeds conveying to the authority:

(1) Any facilities belonging to the commission,

(2) Any unimproved real property belonging to the commission which the commission determines to be needed by the authority for the construction of facilities, and

(3) Any improved real property and any personal property associated therewith belonging to the commission which the commission determines to be needed by the authority for the construction, reconstruction, or improvement of facilities, for such consideration as the commission shall determine to be appropriate. No concurrence in the conveyance evidenced by any such deed by any state official or any other person or persons shall be necessary or prerequisite to the validity of any such conveyance.

Upon delivery of any such deed to the authority, it thereby shall be invested with all right and title that the commission had in the property conveyed thereby, subject to the right of reverter to the commission of all such property upon the dissolution of the authority provided for in Section 41-10-330 hereof. The authority shall be entitled to immediate possession of all such property upon execution of the deed thereto.
Ala. Code § 41-4-125 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-125
Section 41-4-125 Employmenet of Attorneys
Status: reserved

(a)(1) Except as otherwise provided in this section, attorneys retained to represent the state in litigation shall be appointed by the Attorney General in consultation with the Governor from a list of attorneys maintained by the Attorney General. All attorneys interested in representing the state may apply and shall be included on the list. The selection of the attorney or law firm shall be based upon the level of skill, experience, and expertise required in the litigation and the fees charged by the attorney or law firm shall be taken into consideration so that the state receives the best representation for the funds paid. Fees shall be negotiated and approved by the Governor in consultation with the Attorney General. Maximum fees paid for legal representation that does not involve a contingency fee contract may be established by executive order of the Governor.

(2) Attorneys retained by any state purchasing entity to render nonlitigation legal services shall be selected by the entity from a list of attorneys maintained by the Legal Advisor to the Governor. All attorneys interested in representing any purchasing state entity may apply and shall be included on the list. The selection of the attorney or law firm shall be based upon the level of skill, experience, and expertise required for the services, but the fees charged by the attorney or law firm shall be taken into consideration so that the state entity shall receive the best representation for the funds paid. Fees for the services shall be negotiated by the state entity requiring the services and shall be subject to the review and approval of the Governor or the Director of Finance when so designated by the Governor.

(b) This article does not apply to either of the following:

(1) The appointment of attorneys or experts by a court.

(2) The retention of experts by the state for the purposes of litigation or avoidance of litigation.

(c) Nothing in this section shall be construed as altering or amending the Governor’s authority to retain attorneys under Section 36-13-2; provided, the Governor shall select the attorneys from the list maintained by the Attorney General.

(d)(1) A governmental body may not enter into a contingency fee contract with any attorney or law firm unless the contracting agency makes a written determination prior to entering into a contingency fee contract that contingency fee representation is both cost effective and in the public interest. Any written determination shall include specific findings for each of the following factors:

a. Whether there are sufficient and appropriate legal and financial resources within the state to handle the matter without a contingency contract.

b. The expected time and labor required, the novelty, complexity, and difficulty of the questions involved, and the skill requisite to perform the attorney services properly.

c. The geographic area where the attorney services are to be provided.

d. The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney’s experience with similar issues or cases.

(2) Subject to subdivision (3), the state may not enter into a contingency fee contract that provides for the contingency fee counsel to receive an aggregate contingency fee calculated from the gross recovery resulting from a judgment or settlement in each action, exclusive of expenses, in excess of the total of all of the following:

a. Twenty-two percent of any recovery that does not exceed ten million dollars ($10,000,000); plus

b. Twenty percent of any portion of the recovery that exceeds ten million dollars ($10,000,000) but does not exceed twenty-five million dollars ($25,000,000); plus

c. Sixteen percent of any portion of the recovery that exceeds twenty-five million dollars ($25,000,000) but does not exceed fifty million dollars ($50,000,000); plus

d. Twelve percent of any portion of the recovery that exceeds fifty million dollars ($50,000,000) but does not exceed seventy-five million dollars ($75,000,000); plus

e. Eight percent of any portion of the recovery that exceeds seventy-five million dollars ($75,000,000) but does not exceed one hundred million dollars ($100,000,000); plus

f. Seven and one-tenth (7.1) percent of any portion of the recovery exceeding one hundred million dollars ($100,000,000).

(3) The aggregate fee paid under a contingency fee contract may not exceed seventy-five million dollars ($75,000,000).

(4) All litigation expenses incurred by the contingency fee counsel shall be paid or reimbursed upon approval on a monthly basis upon presentation of documentation of the expenses to the contracting agency.

(5) The Attorney General may certify in writing to the Governor that, in the opinion of the Attorney General, an issue affecting the public health, safety, convenience, or economic welfare of the state exists that justifies that the contingency fee limitations set forth in subdivision (2) or (3) be suspended in the case of a particular contingency fee contract. Upon receipt of the written certification, the Governor, by the issuance of an executive order, may waive the limitations with respect to the specified contingency fee contract.

(6) A governmental body may not enter into a contingency fee contract unless all of the following requirements are met throughout the entire contract period, including any extensions of the period:

a. A government attorney has complete control over the course and conduct of the case.

b. A government attorney with supervisory authority is personally involved in overseeing the litigation.

c. A government attorney retains veto power over any decisions made by the contingency fee counsel.

d. After giving reasonable notice to the contingency fee counsel, any defendant that is the subject of the litigation may contact the lead government attorney directly unless directed to do otherwise by that attorney. Contingency fee counsel may participate in the discussion with the lead government attorney or attorneys unless, after consultation with contingency fee counsel, the lead government attorney agrees to the discussion without contingency fee counsel being present.

e. A government attorney with supervisory authority for the case shall attend all settlement conferences.

f. Decisions regarding settlement of the case shall be reserved exclusively to the discretion of the government attorney and the state.

(7) The Attorney General shall develop a standard addendum to every contract for contingent fee attorney services that shall be used in all cases, describing in detail what is expected of both the contingency fee counsel and the state, including, without limitation, the requirements listed in subdivision (6).

(8) Copies of any executed contingency fee contract and the contracting agency’s written determination to enter into the contingency fee contract with the contingency fee counsel and any payment of any contingency fees shall be posted online as provided in Section 41-4-65.

(9) Every contingency fee counsel, from the inception of the contingency fee contract until at least four years after the contract expires or is terminated, shall maintain detailed current records, including documentation of all time records, expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial transactions that concern the provision of the attorney services. The contingency fee counsel shall make all the records available for inspection and copying upon request by the Governor, Attorney General, or contracting agency. In addition, the contingency fee counsel shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the contract in six minute increments and, upon request, shall provide promptly these records to the Governor, Attorney General, or contracting agency.

(10) Any contingency fee paid to a private attorney or law firm shall be paid from the State Treasury from the funds recovered as a result of the contingency fee contract within 30 days of receipt of the recovery unless ordered to do otherwise by a court with jurisdiction over the litigation subject to the contingency fee contract.
Ala. Code § 41-29-280 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-280
Section 41-29-280 Legislative Findings
Status: in_force

The Legislature makes the following findings:

(1) The Alabama Industrial Development and Training Institute, hereinafter AIDT, was established in fiscal year 1970-1971 as a contract program reporting to the State Board of Education through the Division of Vocational-Technical Education. In 1976, the State Board of Education adopted a resolution approving the establishment of AIDT as a mobile training institute, appointed a director, established staff positions and salary schedules, and mandated personnel procedures for the staff identical to those with technical colleges. AIDT continued operating under the Department of Postsecondary Education when the Legislature established the department and position of Chancellor. AIDT has been continuously funded through an annual line item in the Education Trust Fund budget.

(2) AIDT provides quality workforce development for the new and expanding businesses in the state and expands the opportunities of its citizens through the jobs these businesses create.

(3) AIDT serves a unique role in the state by providing its citizens the specific skills, knowledge, and training needed to address the dynamic labor needs of new or expanding businesses in a flexible manner that allows for careful coordination with the time and location or the new or expanding businesses and their labor needs.

(4) AIDT’s role in educating and training the state’s workforce is critical to the state’s economic development, job creation and retention, and AIDT’s mission is consistent with, and crucial to the success of, the projects, and services of the Department of Commerce.
Ala. Code § 41-4-6 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-6
Section 41-4-6 Oath of Office and Full-Time Service of Officers and Chiefs of Divisions
Status: in_force

Before entering upon the discharge of their duties, the Comptroller, the Budget Officer, the Purchasing Agent, the chief of the division of service, the chief of the division of local finance, and the chief of any other division established by the Director of Finance shall take the constitutional oath of office. Each of such officers shall devote his or her full time to his or her official duties and shall hold no other lucrative position while serving as such.
Ala. Code § 41-4-355 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-355
Section 41-4-355 User Fees
Status: in_force

Beginning on October 1, 2015, the Divisions of Space Management, Facilities Management, Leasing Management, Construction Management and Energy Management may charge user fees to any department, board, bureau, commission, agency, or office of the state for any services provided to them by these divisions.
Ala. Code § 41-9-414 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-414
Section 41-9-414 Annual Report to Governor and Legislature
Status: in_force

The commission shall submit an annual report to the Governor and the Legislature of its activities and findings and any suggested legislation which would aid in accomplishing its objectives.
Ala. Code § 41-9-243 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-243
Section 41-9-243 Composition of Commission
Status: in_force

The commission shall consist of 21 members, one of whom shall be the Governor, one of whom shall be the Lieutenant Governor, one of whom shall be the Speaker of the House of Representatives, one of whom shall be the Director of the Department of Archives and History, one of whom shall be the Director of the Alabama Tourism Department, one of whom shall be the Commissioner of Conservation and Natural Resources, one of whom shall be the Director of the Technical Staff of the Division of Construction Management of the Department of Finance, and 14 other persons to be appointed by the Governor, one of whom shall be selected from a list of three nominees submitted by the Alabama Council of the American Institute of Architects, one from a list of three nominees submitted by the Alabama Historical Association, one from a list of three nominees submitted by the Alabama State Chamber of Commerce, one from a list of three nominees submitted by the Alabama Farmers Federation, one from a list of three nominees submitted by the President of the University of Alabama, one from a list of three nominees submitted by the President of Auburn University, one from a list of three nominees submitted by the President of the University of South Alabama, one from a list of three nominees submitted by the President of Troy University, one from a list of three nominees submitted by the President of the University of Montevallo, one from a list of three qualified archaeologists nominated by the Alabama Archaeological Society, one from a list of three nominees submitted by the Alabama Black Heritage Council, and three from the state at-large. Beginning with the next appointment to a vacant at-large seat, one of the at-large members shall reside within the Tennessee Valley Authority service area. The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

The nominees and appointees shall be persons who have demonstrated interest in and concern about the preservation of this state’s rich history and traditions and who are conversant with the history of the state and who are qualified to direct and supervise the work of the commission.

The members appointed by the Governor shall be citizens of this state and shall serve for terms of six years each; except, that the terms of the members of the first commission shall be three years for one half of the members appointed by the Governor and six years for the remaining members. After the expiration of the term of the initial members, all members appointed by the Governor shall be appointed for terms of six years each.

Any member of the commission may be removed by the Governor for cause, and vacancies in the commission shall be filled by the Governor by the appointment of a competent and qualified person for the unexpired term, from a list of three nominees submitted to him or her by the organization which originally nominated the member being replaced.

The Chair of the Restructured Historic Chattahoochee Commission shall serve as an ex officio policy making member of the commission.
Ala. Code § 41-9-433 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-433
Section 41-9-433 Form, Terms, Denominations, Etc., of Bonds; Sale; Redemption; Execution of Bonds and Coupons
Status: in_force

All bonds shall be issued, subject to the approval of the Governor, in such forms, denominations, series, and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest or both with rights of conversion into another form, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state, to be exercised by said commission at such date or dates prior to their maturity and upon payment of such redemption price or prices, as shall be provided by said commission in the resolution or resolutions whereunder the bonds are authorized to be issued. The principal of each series of bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the said commission under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series, and the last of which installments shall mature not later than 20 years after the date of the bonds of the same series. When each series of bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state government the aggregate installments of principal and interest that will mature on all bonds that will be outstanding under this article immediately following the issuance of the bonds of that series will be substantially equal; provided, that the determination by the said commission that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of the bonds with respect to such determination is made and all subsequent holders thereof shall be fully protected thereby.

None of the bonds shall be sold for less than face value plus accrued interest thereon to the date of delivery. All of the bonds shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by said commission, to the bidder whose bid reflects the lowest net interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the said commission is received, all bids may be rejected.

The bonds shall be signed in the name of the state by the Governor and countersigned by the chair of the commission and the Great Seal of the State of Alabama or a facsimile thereof shall be impressed, printed, or otherwise reproduced thereon and shall be attested by the signature of the Secretary of State; provided, that facsimile signatures of any one or any two but not all of said officers may be reproduced on such bonds in lieu of their manually signing the same. Coupons attached to the bonds and representing installments of interest thereon shall be signed with the facsimile signature of the State Treasurer, which facsimile signature is hereby adopted as due and sufficient authentication of said coupons.
Ala. Code § 41-8-2 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-2
Section 41-8-2 Executive Board Generally
Status: in_force

The Executive Board of the Alabama Public Library Service shall consist of seven members appointed by the Governor, of which one member shall be from each congressional district. Such members shall be qualified electors of the state and shall have resided in the state for five years next preceding their appointment and shall live in the congressional district which he or she represents. Appointments shall be for five years, and all vacancies, including expired and unexpired terms, shall be filled by the Governor by appointment. Provided, however, present members of the executive board shall continue in office until the first expiration of the term of any member, at which time and thereafter each board member shall represent the congressional district in which he or she resides with no two members residing in the same district, and any vacancies, for whatever reason, shall be filled accordingly. Members of the executive board shall be allowed $10.00 per day, not to exceed 20 days per year, plus travel expenses pursuant to Article 2 of Chapter 7 of Title 36. It shall be the duty and power of the executive board to conduct the affairs of the Public Library Service, to administer the funds received from the Treasury that are allocated to the Public Library Service and to be responsible for the program and for such other activities as would naturally be administered by such an executive board.
Ala. Code § 41-4-35 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-35
Section 41-4-35 Promulgation and Effect of Rules and Regulations; Enforcement and Amendment of Rules and Regulations
Status: in_force

The Director of Finance shall, with the approval of the Governor, establish and promulgate rules and regulations with respect to the manner of performance of all functions and duties of the Department of Finance, the execution of the business of the department and its relations to and business with the other departments, boards, bureaus, commissions, agencies, offices, and institutions of the state, the officers and employees thereof, the counties, municipal corporations, political subdivisions and local public bodies in the state, the officers and employees thereof, and the public, which rules and regulations shall be reasonably calculated to effect the expeditious and efficient performance of such functions and duties and shall not be in conflict with applicable statutes. When approved by the Governor, such rules and regulations shall have the effect of law and shall govern all departments, boards, bureaus, commissions, agencies, offices, and institutions of the state and the officers and employees thereof, the counties, municipal corporations, political subdivisions, and local public bodies in the state, the officers and employees thereof, and the public, in their respective relations to and business with the Department of Finance. Compliance with any such rules or regulations may be compelled by mandamus. Such rules and regulations may be amended from time to time, with the approval of the Governor. Anything herein to the contrary notwithstanding, the Department of Finance shall have no power to adopt any rule which shall impose any mandatory duties upon counties, municipal corporations, political subdivisions and local public bodies, including county and city boards of education and district boards of education of independent school districts, other than such mandatory duties as may be imposed upon them by law.
Ala. Code § 41-9-474 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-474
Section 41-9-474 Exemptions from Taxation
Status: in_force

The commission, its property and income and all bonds issued by the commission, the income from such bonds or from the investment of such income, and all conveyances, leases, mortgages and deeds of trust by or to the commission shall be exempt from all taxation in the State of Alabama.
Ala. Code § 41-10-810 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-810
Section 41-10-810 Liberal Construction
Status: in_force

This article shall be liberally construed to effectuate its purpose.
Ala. Code § 41-9-250 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-250
Section 41-9-250 Preservation, Operation, Etc., of Certain Historical Properties and Sites by Commission
Status: in_force

(a) The following historic properties and sites shall be under the jurisdiction and control of the Alabama Historical Commission:

(1) Fort Mims, Stockton, Baldwin County;

(2) Fort Toulouse, Wetumpka, Elmore County;

(3) Gaineswood, Demopolis, Marengo County; and

(4) Confederate Memorial Cemetery, Mountain Creek, Chilton County.

(b) The Alabama Historical Commission shall have full authority to develop, renovate, restore, preserve, maintain, operate, exhibit, and publicize such properties in accordance with the powers and responsibilities of the said commission.
Ala. Code § 41-16-5 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-5
Section 41-16-5 Public Contracts with Entities Engaging in Certain Boycotting Activities
Status: in_force

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

(1) BOYCOTT. To blacklist, divest from, or otherwise refuse to deal with a person or business entity when the action is based on race, color, religion, gender, or national origin of the targeted person or entity or is based on the fact that the boycotted person or entity is doing business in a jurisdiction with which this state can enjoy open trade and with which the targeted person or entity is doing business.

(2) BUSINESS ENTITY. A corporation, partnership, limited liability company, organization, or other legal entity conducting or operating any trade or business in Alabama or a corporation, organization, or other legal entity operating in Alabama that is exempt from taxation under Section 501(c)(3) or (4) of the Internal Revenue Code.

(3) GOVERNMENTAL ENTITY. The state or any political subdivision thereof, or any department, agency, board, commission, or authority of the state, or any political subdivision, or any public corporation, authority, agency, board, commission, state college, or university, municipality, or other governmental entity controlled by the state or any political subdivision.

(4) JURISDICTION WITH WHICH THIS STATE CAN ENJOY OPEN TRADE. Includes World Trade Organization members and those with which the United States has free trade or other agreements aimed at ensuring open and nondiscriminatory trade relations.

(b) Subject to subsection (c), a governmental entity may not enter into a contract governed by Title 39 or Chapter 16, Title 41, with a business entity unless the contract includes a representation that the business entity is not currently engaged in, and an agreement that the business entity will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which this state can enjoy open trade.

(c)(1) This section does not apply if a business fails to meet the requirements of subsection (b) but offers to provide the goods or services for at least 20 percent less than the lowest certifying business entity.

(2) This section does not apply to contracts with a total potential value of less than fifteen thousand dollars ($15,000).

(d) Nothing in this section requires a business entity or individual to do business with any other particular business entity or individual in order to enter into a contract with a governmental entity.
Ala. Code § 41-9-983 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-983
Section 41-9-983 Commission - Duties
Status: in_force

(a) The commission shall have the following responsibilities and duties:

(1) Provide assistance and advice to the public and private schools, colleges, and universities with respect to implementation of Holocaust education and awareness programs.

(2) Meet with appropriate education officials and other interested public and private organizations, including service organizations, to assist with the planning, coordinating, and enriching of courses of study dealing with the Holocaust.

(3) Survey and catalog the extent and breadth of Holocaust and genocide education presently incorporated into the curricula and taught in the educational systems of the state; to inventory those Holocaust memorials, exhibits, and resources which could be incorporated in courses of study; and to assist other educational agencies in the development and implementation of Holocaust and genocide education programs. In furtherance of this responsibility, the commission may contact and cooperate with existing resource organizations.

(4) Compile a roster of individual volunteers who are willing to share their knowledge and experience in classrooms, seminars, and workshops on the subject of the Holocaust. These volunteers may be survivors of the Holocaust, liberators of concentration camps, scholars, clergy, artists, community relations professionals, or other persons who, by virtue of their experience or interest, have acquired personal or academic knowledge of the Holocaust.

(5) Coordinate events commemorating the Holocaust and to seek volunteers who are willing and able to participate in events that will enhance public awareness of the consequences and significance of the Holocaust.

(6) Prepare reports for the Governor and the Legislature regarding findings and recommendations to facilitate the inclusion of Holocaust studies and commemorative programs throughout the state.

(7) Act as a liaison in matters concerning the United States Holocaust Memorial Museum.

(b) The commission shall be subject to the Alabama Administrative Procedure Act.
Ala. Code § 41-9A-5 — Alabama Code / Title 41 / Chapter 9A / Section 41-9A-5
Section 41-9A-5 Waiver Process
Status: in_force

(a) For the purposes of this section, an occupational licensing board includes all of the following:

(1) The Alabama Board of Electrical Contractors, operating pursuant to Chapter 36 of Title 34.

(2) The State Licensing Board for General Contractors, operating pursuant to Chapter 8 of Title 34.

(3) The Board of Heating, Air Conditioning, and Refrigeration Contractors, operating pursuant to Chapter 31 of Title 34.

(4) The Home Builders Licensure Board, operating pursuant to Chapter 14A of Title 34.

(5) The State of Alabama Plumbers and Gas Fitters Examining Board, operating pursuant to Chapter 37 of Title 34.

(b) If the designated qualifying representative, license holder, or certificate holder for an entity employing other licensees of the same occupational licensing board is no longer able to hold a valid license or certificate from that occupational licensing board, due to his or her death or mental or physical incapacity, and the holding of a valid license or certificate is necessary for the employing entity to continue operations, the applicable occupational licensing board shall issue a special hardship or temporary license or certificate waiver to the employing entity. The waiver shall allow the employing entity and the employed licensees and certificate holders to continue operations on a temporary basis.

(c) To request a waiver, a license or certificate holder employee of the employing entity shall submit to the applicable occupational licensing board, in writing, notice of the death or incapacity of the designated qualifying representative, license holder, or certificate holder, and any documentation required by the occupational licensing board, on forms provided by the occupational licensing board. A request for waiver shall be submitted to the occupational licensing board within 45 days after the designated qualifying representative, license holder, or certificate holder dies or becomes incapacitated. Any request for waiver submitted after that time may be denied after a show cause hearing by the occupational licensing board.

(d) A waiver shall be valid for no more than a maximum of 135 days after the date of death or incapacitation of the designated qualifying representative, license holder, or certificate holder.

(e) Each occupational licensing board may impose a waiver fee in an amount equal to one half of the total renewal fee for the license or certificate for which waiver is requested.

(f) Each occupational licensing board shall adopt rules as necessary to implement this section.
Ala. Code § 41-10-807 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-807
Section 41-10-807 Alabama Innovation Fund - Management
Status: in_force

(a) The fund shall be held in perpetual trust and shall not be appropriated by the Legislature or expended or disbursed for any purpose other than as provided in this article. Earnings on the fund’s investments shall remain a part of the fund. The board may expend the fund’s earnings and principal in furtherance of its purposes.

(b)(1) To the extent practicable, the board shall keep all monies at any time held in the fund invested in eligible investments, in its sole and uncontrolled judgment, as shall produce the greatest trust income over the term of the investments while preserving the capital. In making any investment of monies held in the fund, the board shall exercise the judgment and care, under the circumstances prevailing at the time of the investment, which an institutional investor of the highest standard of prudence, intelligence, and financial expertise would exercise in the management and investment of large assets entrusted to it, not for the purpose of speculative profit, but for the permanent generation and disposition of the fund’s financial resources, considering the probable safety of capital, as well as the expected amount and frequency of income.

(2) The board shall have full power and authority to select the eligible investments in which monies held in the fund shall at any time be invested, and, to the extent not inconsistent with any express provision of this article, the eligible investments so selected shall be acquired from those issuers, underwriters, brokers, or other sellers on terms and conditions; shall be acquired for purchase prices reflecting such discount below or premium above the par or face amount thereof; shall bear such dates and be in such form, denominations, and series; shall mature or be subject to mandatory redemption on such dates; shall bear interest at such rate or rates payable at such intervals, or, alternatively, shall provide income to the holder thereof in such manner, including, without limitation thereto, the purchase of such investments at a discount which represents all or part of the income or profit derived therefrom; shall be unsecured or secured in such manner; shall contain such provisions for prepayment or redemption at the option of the issuer or obligor; and shall contain or be subject to such other provisions as shall, in all of the foregoing respects, be determined by the board in exercise of its sole and uncontrolled judgment.

(3) The board shall have full power and authority to invest the fund capital in any eligible investments producing trust income in accordance with the schedule as the board, in the exercise of its sole and uncontrolled judgment, shall determine to be in the best interests of the state, and in determining the schedule the board may emphasize future benefits in preference to near-term needs. The board shall have complete discretion in making decisions as to when monies in the fund shall be invested; as to the purchase price or other acquisition cost to be paid or incurred in acquiring investments for the fund; as to when investments constituting part of the fund shall be sold, liquidated, or otherwise disposed of; and as to the amount and nature of the price or other consideration to be received by the fund upon the sale, liquidation, or other disposition of investments constituting part of the fund. No action may be taken by the executive department of the state which impairs or interferes with the power, authority, and discretion conferred upon the board by this article with respect to the acquisition, management, control, and disposition of investments at any time constituting part of the fund. No member of the board may be held personally liable for any liability, loss, or expense suffered by the fund, unless the liability, loss, or expense arises out of or results from the willful misconduct or intentional wrongdoing of the member of the board. No member of the board shall be responsible for the adequacy of the fund to satisfy and discharge any obligation of the corporation.

(c) The board shall cause an annual audit of the fund to be performed for each fiscal year by the Department of Examiners of Public Accounts or, in the discretion of the board, by an independent certified public accounting firm. The report of the audit shall be prepared in accordance with applicable accounting principles. The board shall cause to be prepared and publicized financial and other information concerning the fund, as may from time to time be provided by law duly enacted by the Legislature, but in the absence of any law directing the preparation and publication of different reports, the board shall cause to be prepared and made public, within 30 days after the end of each quarterly period in each fiscal year, a report containing all of the following:

(1) A statement of the capital then held in the fund showing any changes since the last quarterly report.

(2) A statement of the trust income received during the quarterly period in question.

(3) A statement of the investments then held in the fund, including descriptions and respective values.

(4) A statement of the trust income received to date during the current fiscal year.

(5) Any other information determined by the board to reflect a full and complete disclosure of the financial operations of the fund.
Ala. Code § 41-9-291 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-291
Section 41-9-291 Definitions
Status: in_force

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

(1) COMMISSION. The Alabama Historical Commission, acting as the custodian of cultural resources for the State of Alabama.

(2) CONTRACTOR. Any individual, company, corporation, or private or public institution determined by the commission to be appropriately qualified that has applied for and received a permit or contract from the commission to begin exploration or excavation activities in state-owned waters.

(3) CULTURAL RESOURCES. All abandoned shipwrecks or remains of those ships and all underwater archaeological treasures, artifacts, treasure troves, or other cultural articles and materials, whether or not associated with any shipwreck, that are contained in or on submerged lands belonging to the State of Alabama and the sea within the jurisdiction of the state, and that have remained unclaimed for more than 50 years, excluding therefrom sunken logs, cants, and timber resources of any other type not associated as part of a shipping vessel, and are eligible for, or listed in, the National Register of Historic Places.

(4) EXCAVATION. The study and intentional removal from submerged land belonging to the state, by accepted scientific methods, of any objects recognized as cultural resources.

(5) EXPLORATION. The systematic examination by actual survey of an area of submerged land belonging to the state for the purpose of locating and recognizing cultural resources.

(6) SUBMERGED LANDS. Lands under navigable waterways owned or controlled by the State of Alabama.

(7) TREASURE TROVE. Any gold bullion, gold ingots, gold dust, silver bars, and other precious metals or stones.
Ala. Code § 41-10-135 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-135
Section 41-10-135 Short Title
Status: in_force

This article shall be known and cited as the Historical Preservation Authorities Act of 1979.
Ala. Code § 41-9-901 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-901
Section 41-9-901 Establishment; Composition; Terms; Remuneration
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-10-141 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-141
Section 41-10-141 Powers and Duties of Authority Generally
Status: in_force

An authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(1) To have succession by its corporate name for the duration of time (which may be in perpetuity) specified in its certificate of incorporation;

(2) To maintain civil actions and have civil actions maintained against it in its corporate name, except as otherwise provided in this article, and to defend civil actions against it;

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

(4) To amend its certificate of incorporation by filing in the office of the Secretary of State a certificate signed by all of the directors of the authority setting forth the details of the amendment, such certificate to be acknowledged in the same manner as the certificate of incorporation;

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

(6) To acquire, receive, and take title to, by purchase, gift, lease, devise, or otherwise, to hold, keep and develop and to transfer, convey, lease, assign or otherwise dispose of property of every kind and character, real, personal and mixed, and any and every interest therein, located within the area of operation of the authority, to any person;

(7) To undertake and to make or cause to be made, either singly or in conjunction and cooperation with others, appropriate studies, surveys, arrangements, undertakings and construction designs and plans and supervision having to do, directly or indirectly, with the restoration, renovation, preservation, improvement, protection or maintenance of, or interest in, any public or private property that has been listed in the National Register of Historic Places or acquisition or construction of any vicinity improvements; provided, however, that the authority shall not pay out any of its funds by way of any form of remuneration or compensation to any persons engaged in the making of any such studies, surveys, arrangements, undertakings, and construction designs, plans, and supervision other than to persons who are directly employed in that connection by the authority;

(8) To make available and give, subject to the provisions of subdivision (7) of this section, to any person, financial and technical assistance and aid of every kind and character which will directly or indirectly promote, encourage or effect the restoration, renovation, preservation, improvement, protection or maintenance of, or interest in, any public or private property that has been listed in the National Register of Historic Places or acquisition or construction of any vicinity improvements;

(9) To make, enter into and execute such contracts, agreements, leases, and other legal arrangements and to take such other steps and actions as may be necessary or convenient in the furtherance of any purpose or the exercise of any power provided or granted to it by law;

(10) To borrow money for any corporate purpose, function, or use and to issue in evidence of the borrowing, interest-bearing bonds payable solely from the revenues derived from the operation or leasing or sale of any of its property;

(11) To pledge for the payment of any bonds issued or obligations assumed by the authority any revenues from which those bonds or obligations are made payable and to execute and deliver, as security for such bonds and obligations, mortgages, deeds of trust, trust indentures, and pledge indentures as provided for hereinafter;

(12) To carry out all of its functions, exercise all of its powers, and conduct all of its business and affairs without regard to the provisions of Sections 41-16-50 through 41-16-63, or any similar law respecting competitive bidding, that might otherwise be applicable;

(13) To provide for such insurance as the authority may deem advisable;

(14) To invest any of its funds deemed by the authority to be not presently needed in the operation of its properties and undertakings in bonds, bills, or notes of the United States of America, bonds of the state, bonds of any county or municipality within the state, and interest-bearing deposits in banks and savings and loan institutions or any thereof; and

(15) To cooperate with the United States of America and any agency or instrumentality thereof, any state and its agencies and instrumentalities, any county or municipality or other political subdivision of a state, and any other person, and to make and enter into contracts and all manner of legal arrangements with them or any of them and to obtain money by way of loans, grants, or payments from them or any of them or property or other forms of assistance as the authority may deem advisable to accomplish the purposes for which the authority was created.
Ala. Code § 41-2-2 — Alabama Code / Title 41 / Chapter 2 / Section 41-2-2
Section 41-2-2 Boundary Between Alabama and Georgia
Status: in_force

The boundary line between Alabama and Georgia commences on the west side of the Chattahoochee River, at the point where it enters the State of Florida; from thence up the river, along the western bank thereof, to the point on Miller’s Bend, next above the place where the Uchee creek empties into such river; thence in a direct line to the Nickajack.
Ala. Code § 41-9-532 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-532
Section 41-9-532 Receipt of Gifts, Contributions, Etc., by Board and Vesting of Title Thereto; Expenditure of Funds; Maintenance of Account of Receipts and Expenditures and Inventory of Gifts
Status: reserved

Repealed by Act 2011-568, p. 1146, §12, effective September 1, 2011.
Ala. Code § 41-4-138 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-138
Section 41-4-138 Cancellation or Rejection of Bids, Proposals, Etc
Status: in_force

When it is determined to be in the best interest of the state, as specified by rule, an invitation to bid, a request for proposals, or other solicitation under this article may be cancelled, and any or all bids or proposals received may be rejected.
Ala. Code § 41-9-932 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-932
Section 41-9-932 Membership
Status: in_force

(a) The board shall be composed of eleven members as follows:

(1) One appointed by the President of Auburn University.

(2) One appointed by the Commissioner of the Department of Agriculture and Industries.

(3) Three appointed by the Governor.

(4) One appointed by the President of Tuskegee University.

(5) One appointed by the President of Alabama A &amp; M University.

(6) Four appointed by the members of the board, appointed pursuant to subdivisions (1) to (5), inclusive.

(b) Initial members of the board shall serve terms of office as follows and determined by drawing lots:

(1) Three shall serve one-year terms.

(2) Three shall serve two-year terms.

(3) Three shall serve three-year terms.

(c) After the expiration of initial appointments, all members shall serve three-year terms.

(d) When the term of any member of such board shall expire, the remaining members of the board shall elect his or her successor.
Ala. Code § 41-9-1024 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1024
Section 41-9-1024 Alabama Athletic Commission - Powers and Duties
Status: in_force

(a)(1) The commission shall be the sole regulator of professional boxing in this state and shall have authority to protect the physical safety and welfare of professional boxers and serve the public interest by closely supervising all professional boxing in this state.

(2) The commission shall be the sole regulator of professional and amateur matches, contests, or exhibitions of mixed martial arts and shall have the authority to protect the physical safety and welfare of professional competitors in mixed martial arts and serve the public interest by closely supervising all competitors in mixed martial arts. The commission shall regulate professional and amateur mixed martial arts to the same extent as professional boxing unless any rule of the commission is not by its nature applicable to mixed martial arts.

(3) The commission shall be the sole regulator of professional matches, contests, or exhibitions of wrestling and shall have the authority to protect the physical safety and welfare of professional competitors in professional wrestling and serve the public interest by closely supervising all competitors in professional wrestling. The commission shall regulate professional wrestling to the same extent as professional boxing unless any rule of the commission is not by its nature applicable to professional wrestling.

(4) The commission shall have the sole authority to license a wrestling sanctioning organization to safeguard the public health, to protect competitors, and to provide for competitive matches by requiring each licensed organization to abide by rules adopted by the commission. The commission, at the request of a licensed sanctioning organization, may provide direct oversight of any event sanctioned by the organization for a fee negotiated between the commission and the licensed sanctioning organization.

(5) The commission shall have the sole authority to license the promoters of tough man contests to safeguard the public health, to protect competitors, and to provide for competitive matches by requiring each licensed promoter to abide by rules adopted by the commission. The commission, at the request of a promoter, may provide direct oversight of any tough man match for a fee negotiated between the commission and the promoter.

(6) The commission shall be the sole regulator of professional bare knuckle boxing matches, contests, or exhibitions of bare knuckle boxing and shall have the authority to protect the physical safety and welfare of professional competitors in bare knuckle boxing and serve the public interest by closely supervising all competitors in bare knuckle boxing. The commission shall regulate professional bare knuckle boxing to the same extent as professional boxing unless any rule of the commission is not by its nature applicable to bare knuckle boxing.

(7) The commission shall be the sole regulator and shall have the sole authority to regulate any form of unarmed combat held in the state as the commission deems necessary.

(b) The commission shall have the sole jurisdiction to license the promotion or holding of each match, contest, or exhibition of professional boxing, bare knuckle boxing, tough man contests, professional wrestling, amateur mixed martial arts, professional mixed martial arts, or other form of unarmed combat promoted or held within this state.

(c) The commission shall have the authority to license participants in any match, contest, or exhibition of professional boxing, professional bare knuckle boxing, professional wrestling, amateur mixed martial arts, professional mixed martial arts, or other form of unarmed combat held in this state.

(d) The commission shall have the authority to direct, manage, control, and supervise all 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 including, but not limited to, the authority to enforce safety measures and restrict access to certain areas for the protection of the public and participants. The commission may adopt bylaws for its own management and adopt and enforce rules consistent with this article. The commission may immediately implement medical guidelines that have been vetted by the medical advisory panel and approved by the commission and competition guidelines that have been approved by the commission. Medical and competition guidelines approved by the commission pursuant to this subdivision are exempt from the Alabama Administrative Procedure Act.

(e) The commission shall have the sole authority to inquire into the plans or arrangements for compliance of a licensed organization with rules adopted by the commission. The commission may require a wrestling sanctioning organization to pay an annual licensure fee and any other fee determined necessary by the board and may penalize any organization for violation of this article or any rule adopted by the commission pursuant to this article.

(f) The commission may appoint one or more inspectors as duly authorized representatives of the commission to ensure that the rules are strictly observed. The inspectors shall be present at all professional matches, contests, or exhibitions of boxing, bare knuckle boxing, wrestling, or mixed martial arts.

(g) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers, bare knuckle boxers, or mixed martial arts competitors licensed under this article and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing, professional bare knuckle boxing, tough man, or mixed martial arts matches held in this state.

(h)(1) The commission or any agent duly designated by the commission may do any of the following:

a. Make investigations.

b. Hold hearings.

c. Issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records.

d. Administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this article or under the rules adopted pursuant to this article.

e. Swear out a warrant of arrest against any person violating the criminal provisions of this article, and the commission shall not be liable in damages or to any action for damages by reason of swearing out a warrant or for causing the arrest and detention or imprisonment of any person under such warrant, unless the commission or agent fails to act in a reasonably prudent manner.

f. Assess fines, not to exceed ten thousand dollars ($10,000) per violation, for violations of the rules and guidelines of the commission.

(2) During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this article, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved.

(i) The commission may engage in activities that promote amateur boxing, amateur wrestling, and amateur mixed martial arts in this state and contract with any nonprofit organization which is exempted from the taxation of income. To support amateur boxing, amateur wrestling, and amateur mixed martial arts in this state, the commission may promote voluntary contributions through the application process or through any fund-raising or other promotional technique deemed appropriate by the commission.

(j) Pursuant to 15 U.S.C. § 6301, et seq., the commission may issue to each boxer who is a resident of this state an identification card bearing the photograph of the boxer and in such form and containing such information as the commission deems necessary and appropriate. The commission shall ensure that the form and manner of issuance of the identification cards comply with any applicable federal law or regulation. The commission may charge an amount not to exceed one hundred dollars ($100) per card for the issuance or replacement of each identification card.

(k) The commission may create a boxing registry or designate a nationally recognized boxing registry and register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry.

(l) The commission may inquire into the financial backing of any professional match, contest, or exhibition of boxing, bare knuckle boxing, wrestling, or mixed martial arts and obtain answers to written or oral questions propounded to all persons associated with the professional event.

(m) The commission, pursuant to rule, may license any concessionaire, ring announcer, photographer, or other person receiving any portion of the gate proceeds from a match, contest, or exhibition held in the state pursuant to this article.
Ala. Code § 41-16-78 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-78
Section 41-16-78 Exceptions
Status: reserved

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

(a) This article shall not apply to any entity that does not receive state funds.

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

(c) This article shall not apply to any county or municipality, or any board, public corporation, authority, public utility district, or other entity created by any county or municipality, or to the Alabama Municipal Electric Authority created pursuant to the provisions of Section 11-50A-1, et seq., nor shall it apply to any local school board, the State Department of Education, or other entity covered under Section 41-16-50, et seq., except as herein provided for future support of computer technology or any educational and eleemosynary institutions governed by a board of trustees or other similar governing body, nor shall it apply to any statewide non-profit water and wastewater utility association.

(d) This article shall not apply to any state authority, board, or other entity with respect to contracts related to the issuance of debt which is to be repaid from sources other than state funds.
Ala. Code § 41-15B-2 — Alabama Code / Title 41 / Chapter 15B / Section 41-15B-2
Section 41-15B-2 Children First Trust Fund
Status: in_force

(a) There is established a special fund in the State Treasury to be known as the Children First Trust Fund.

(b) The existence of the fund is contingent upon the receipt by the state of tobacco revenues.

(c) The fund shall consist of tobacco revenues and any appropriations or revenues received from any other source. The amounts provided for in Section 41-15B-2.1 shall be deposited into the fund from tobacco revenues with the remainder of the tobacco revenues being distributed as provided in Division 1, Article 17, Chapter 10 of this title.

(d) The council shall keep detailed permanent records of all expenditures and distributions from the fund and shall file a monthly written report of all transactions, and any other information requested, with the permanent Joint Legislative Oversight Committee of the Children First Trust Fund.

(e) The council shall prepare an annual report to the Governor and the Legislature detailing the expenditures and distributions from the fund and the success or failure of each program receiving monies from the fund. The council shall also make annual recommendations to the Governor and the Legislature concerning the distribution of monies based upon the annual report. The Commissioner of Children’s Affairs shall assist the council in preparing the annual report by identifying any unmet needs relating to children throughout the state and suggesting how available resources could be applied toward those needs. The commissioner shall also assist the council by providing detailed information relating to the activities and accomplishments of the Children First Trust Fund toward meeting the needs of all children in the state and preparing a statement of goals of the fund for the next fiscal year.

(f) The council may employ personnel as needed to assist the council in carrying out the duties of administering these funds and preparing the reports.

(g) The council may accept and use monies available to it from all sources, including, but not limited to, grants, appropriations, gifts, donations, and other sources for purposes of implementing and administering this chapter. The proceeds of any gift, grant, or other donation may be specifically designated for use in one or more specific program area identified and described in the Children First Implementation Program.

(h) The council may not award or promise to award more monies than are available in the fund.

(i) Any conflicting prior law notwithstanding, the Governor, or the Attorney General with the consent of the Governor, shall file any litigation necessary to effectuate the compelling interest of the State of Alabama to recover tobacco-related damages incurred by the state or pursue any other legal cause of action in which the state has an interest.

The Governor may institute or participate in any civil litigation in which the state has an interest. When initiated by the Governor, such litigation shall be brought in the name of the Governor acting in his or her official capacity; when the Governor intervenes in existing litigation, he or she shall do so in the name of the Governor, also acting in his official capacity. In the unlikely event that the Attorney General fails or refuses to bring litigation requested by the Governor, the Governor may bring such litigation “on relation of” the state and shall appoint counsel for such litigation.

The Attorney General shall not settle any litigation involving any executive agency or department under the control of the Governor without the concurrence of the Governor.

The Attorney General has the authority to determine how litigation affecting the state is conducted. Therefore, in the appointment of attorneys to represent the state, the Attorney General has a duty to ensure that only qualified individuals and firms are appointed. The Governor has the authority to determine policies of the state. Therefore, in the appointment of attorneys to represent the state, the Governor has a duty to ensure that only individuals and firms that will advance the best interests of the state are appointed.

The Attorney General will appoint all deputy attorneys general who are to represent any department, agency, board, commission, or instrumentality of the state before any court or tribunal with the consent of the Governor, except for any full time deputy attorneys general. The Governor has the sole power to fix the rate of compensation for any such deputy attorney general, except for any full time deputy attorneys general. The Governor, either directly or through departmental heads who report directly to the Governor, shall have the sole power to hire outside lawyers for such executive departments for non-litigation work.

The Attorney General or his or her authorized representative shall have the power to issue subpoenas to compel the attendance of witnesses and production papers or other materials or items necessary as evidence in connection with any criminal investigation being conducted by the office of the Attorney General. In case a person refuses to obey such subpoena, the Attorney General or his or her representatives may invoke the aid of any circuit court in order that the testimony or evidence be produced. Upon proper showing, the court shall issue a subpoena or order requiring such person to appear before the Attorney General or his or her representative and produce all evidence and give all testimony relating to the matter under investigation. A person failing to obey such order may be punished by the court as for contempt.

(j) No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to this chapter. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act for the purposes prescribed in this chapter and as allocated by Section 41-15B-2.2.

(k) Any monies remaining in the fund at the end of any fiscal year, except monies contributed from appropriations from other state funds, shall not revert to the General Fund or the Alabama Education Trust Fund and shall remain in the Children First Trust Fund.
Ala. Code § 41-9-602 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-602
Section 41-9-602 Communication, Etc., of Criminal Offender Record Information in Violation of Article
Status: in_force

Any person who knowingly communicates or seeks to communicate criminal offender record information, except in accordance with this article, shall, upon conviction, be guilty of a misdemeanor and, for each such offense, may be fined not less than $500.00 nor more than $10,000.00 or imprisoned for not less than 30 days nor more than one year or both.
Ala. Code § 41-4-3.1 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-3.1
Section 41-4-3.1 Monthly Reports on Condition of General Fund and Education Trust Fund
Status: in_force

(a) The Alabama Department of Finance shall produce monthly financial reports. It is the intent of the Legislature that the monthly reports shall increase the transparency of state finances and, when conditions emerge that make budget proration likely, provide advance notice to the affected agencies of government so that they can prepare as much as possible for its impact on their operations.

(b) The monthly reports shall provide information on the State General Fund and the Education Trust Fund. Each monthly report shall be released no later than the final day of the month following the month covered by that report. Each monthly report shall be published in a prominent location on the Department of Finance website to provide broad public access to the document.

(c) The monthly reports shall include at least the following information on the fiscal condition of the fund being reported:

(1) The beginning fund balance at the start of the fiscal year, including reversions and other amounts carried forward from prior years.

(2) The forecast of revenues expected to be received during the fiscal year, including receipts from all sources. The forecast shall include an estimate of each revenue source to the fund, except that revenue sources which represent less than one percent of the fund total may be combined into one category.

(3) Any adjustments to the forecast that result in the expectation of material increases or decreases in any revenue source or any one-time revenue sources, together with the amounts of the adjustments.

(4) The annual total of resources expected to be available for the year, as of the month covered by the report, considering the beginning balance, official revenue forecast, and all material adjustments to the forecast of expected revenues.

(5) The total expenditures authorized by law to be made from the fund during the fiscal year being reported. These expenditures shall include the amounts in original appropriations acts, any supplemental appropriations enacted, and any other acts that appropriate resources from the fund during the fiscal year, including laws that create continuing appropriations. In addition, the expenditures shall reflect any reductions in the amounts appropriated due to any proration or spending plan changes.

(6) The projected ending balance in the fund as of the last day of the fiscal year.

(7) The year-to-date expenditures from the fund by department, agency, or function.

(8) A statement of actual and year-to-date revenue collections for each revenue source, including a comparison with prior year amounts and with the most recent estimates by the Department of Finance.
Ala. Code § 41-9-209 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-209
Section 41-9-209 Advisory Committees or Councils Authorized; Membership; Expenses; Chair; Meetings
Status: in_force

The Governor, in carrying out his or her responsibilities under this article, may establish advisory committees or councils and appoint the members thereto, which members shall serve at his or her pleasure. Members shall serve without compensation, but shall be reimbursed for the necessary and actual expenses incurred in the performance of their duties. The Governor shall designate the chair and such other officers as he or she may deem necessary for each advisory committee or council. Advisory committees or councils, established pursuant to this section, shall meet at the call of their chair, or of the Director of the Office of State Planning and Federal Programs.
Ala. Code § 41-1-11 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-11
Section 41-1-11 State Agencies Authorized to Increase Fees in Accordance with the Consumer Price Index
Status: in_force

(a) Any state agency that statutorily levies or assesses fees retained by the agency to fund its operations or programs may increase the fee by the percentage increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics from the end of December in the tenth year preceding the year in which the fee increase is to be effective or from the end of December in the last year the fee was increased, whichever period is shorter, to the end of the month preceding the month in which the fee increase is to be effective, rounded down to the nearest dollar. Thereafter, every five years the agency may repeat this process using the Consumer Price Index for the previous five years forward to the date of the requested change. The change may not exceed an increase of two percent per year.

(b) Any change in a fee schedule pursuant to this section is a rule for purposes of the Alabama Administrative Procedure Act.

(c) If an increase is adopted, the assessed increase of the fee shall be retained by the agency to fund its operations or programs under the control of the agency.

(d) The provisions of this section shall not apply in any manner to the Alabama Public Service Commission, the State Parks Division of the Department of Conservation and Natural Resources, or the State Banking Department.
Ala. Code § 41-10-48.04 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.04
Section 41-10-48.04 Alabama Energy Infrastructure Bank; Alabama Energy Infrastructure Fund
Status: in_force

(a) There is created within the authority a division to be known as the Alabama Energy Infrastructure Bank.

(b) In recognition of increasing concerns regarding energy capacity and the resilience of Alabama’s energy infrastructure for current and future needs, the corporate purpose of the energy bank is to support the economic growth of the state by identifying and supporting energy infrastructure projects for eligible projects in Alabama.

(c) The energy bank shall accomplish these goals through the utilization of bond financing and other financial assistance for energy infrastructure projects.

(d) The energy bank shall utilize existing and future revenue sources in order to create the necessary funding streams to secure bond financing and other financial assistance that will allow the state to enhance and expand its energy infrastructure.

(e) Through the energy bank, the authority may act as a state energy financing institution as that term is defined 42 U.S.C. § 16511(7)(A), or any successor statute, for purposes of obtaining federal support for Alabama energy infrastructure projects.

(f) The Alabama Energy Infrastructure Fund is created in the State Treasury. All proceeds from the revenues designated to the energy fund, pursuant to this article and any other provision of law, shall be deposited into the energy fund to be expended only as provided in this article.

(g) In undertaking its responsibilities under this article, the authority may request that the Alabama Growth Alliance review and provide feedback on authority programs and activities which may include, but is not limited to, their alignment with the state’s economic growth priorities.
Ala. Code § 41-17-4 — Alabama Code / Title 41 / Chapter 17 / Section 41-17-4
Section 41-17-4 Number, Etc., of Automobiles to Be Kept in Pool
Status: reserved

Repealed by Act 2013-282, §2, effective October 1, 2014.
Ala. Code § 41-16-50 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-50
Section 41-16-50 Contracts for Which Competitive Bidding Required
Status: in_force

(a) With the exception of contracts for public works whose competitive bidding requirements are governed exclusively by Title 39, all expenditure of funds for labor, services, work, or for the purchase of materials, equipment, supplies, or other personal property involving thirty thousand dollars ($30,000) or more, and the lease of materials, equipment, supplies, or other personal property where the lessee is or becomes legally and contractually bound under the terms of the lease to pay a total amount of thirty thousand dollars ($30,000) or more, made by or on behalf of the Alabama Fire College, the district boards of education of independent school districts, the county commissions, the governing bodies of the municipalities of the state, and the governing boards of instrumentalities of counties and municipalities, including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions, except as otherwise provided in this article, shall be made under contractual agreement entered into by free and open competitive bidding, on sealed bids, to the lowest responsible and responsive bidder.

(b)(1) Prior to advertising for bids for an item of personal property or services, where a county, a municipality, or an instrumentality thereof is the awarding authority, the awarding authority may establish a local preference zone consisting of any of the following:

a. The legal boundaries or jurisdiction of the awarding authority.

b. The boundaries of the county in which the awarding authority is located.

c. The boundaries of the Core Based Statistical Area in which the awarding authority is located.

(2) If no action is taken by the awarding authority under subdivision (1), the boundaries of the local preference zone shall be deemed to be the same as the legal boundaries or jurisdiction of the awarding authority.

(3) If a bid is received for an item of personal property or services to be purchased or contracted for from a person, firm, or corporation deemed to be a responsible bidder, having a place of business within the local preference zone where the county, a municipality, or an instrumentality thereof is the awarding authority, and the bid is no more than five percent greater than the bid of the lowest responsible bidder, the awarding authority may award the contract to the resident responsible bidder.

(4) If no bids or only one bid is received at the time stated in the advertisement for bids, the awarding authority may advertise for and seek other competitive bids, or the awarding authority may negotiate through the receipt of informal bids not subject to the requirements of this article. Where only one responsible and responsive bid has been received, any negotiation for the work shall be for a price lower than that bid.

(5) If both or all bids exceed the awarding authority’s anticipated budget, the awarding authority may negotiate with the lowest responsible and responsive bidder, provided the negotiated price is lower than the bid price.

(c)(1) The governing bodies of two or more contracting agencies, as enumerated in subsection (a), the governing bodies of two or more counties, or the governing bodies of two or more city or county boards of education, may provide, by joint agreement, for the purchase of labor, services, or work, or for the purchase or lease of materials, equipment, supplies, or other personal property for use by their respective agencies. The agreement shall be entered into by similar ordinances, in the case of municipalities, or resolutions, in the case of other contracting agencies, adopted by each of the participating governing bodies, which shall set forth the categories of labor, services, or work, or for the purchase or lease of materials, equipment, supplies, or other personal property to be purchased, the manner of advertising for bids and the awarding of contracts, the method of payment by each participating contracting agency, and other matters deemed necessary to carry out the purposes of the agreement. Each contracting agency’s share of expenditures for purchases under any agreement shall be appropriated and paid in the manner set forth in the agreement and in the same manner as for other expenses of the contracting agency. The contracting agencies entering into a joint agreement, as permitted by this section, may designate a joint purchasing or bidding agent, and the agent shall comply with this article. Purchases, contracts, or agreements made pursuant to a joint purchasing or bidding agreement shall be subject to all terms and conditions of this article.

(2) In the event that utility services are no longer exempt from competitive bidding under this article, non-adjoining counties may not purchase utility services by joint agreement under authority granted by this subsection.

(d) The awarding authority may require bidders to furnish a bid bond for a particular bid solicitation if the bonding requirement applies to all bidders, is included in the written bid specifications, and if bonding is available for the services, equipment, or materials.

(e) Notwithstanding subsection (a), in the event the lowest bid for an item of personal property or services to be purchased or contracted for is received from a foreign entity, where the county, a municipality, or an instrumentality thereof is the awarding authority, the awarding authority may award the contract to a responsible bidder whose bid is no more than 10 percent greater than the foreign entity if the bidder has a place of business within the local preference zone or is a responsible bidder from a business within the state that is a woman-owned enterprise, an enterprise of small business, as defined in Section 25-10-3, a minority-owned business enterprise, a veteran-owned business enterprise, or a disadvantaged-owned business enterprise. For the purposes of this subsection, “foreign entity” means a business entity that does not have a place of business within the state.

(f)(1) No expenditure involving thirty thousand dollars ($30,000) or more may be split into parts involving sums of less than thirty thousand dollars ($30,000) for the purpose of evading the requirements of this article.

(2) If an awarding authority documents its reasonable belief, based on expenditures in previous years, that an expenditure will not meet the dollar threshold and, based upon that reasonable belief, makes the expenditure without bidding, but then circumstances arise that necessitate making a subsequent expenditure of like items or services that would increase the total to or above the dollar threshold, then the subsequent expenditure shall be bid pursuant to this article. The awarding authority shall not be deemed to have violated this article for the prior expenditure that was not bid, provided that the awarding authority documented its reasonable belief, based on expenditures in previous years, that the total amount would be below the dollar threshold and that the subsequent expenditure was bid.

(g) Beginning October 1, 2027, and every three years thereafter, all dollar amounts used in this article shall be subject to a cost adjustment based on the following procedure: The Chief Examiner of the Department of Examiners of Public Accounts may submit to the Chair of the Legislative Council a recommendation that the amount be increased based on the percentage increase in the Consumer Price Index for the immediately preceding three-year period, rounded to the nearest thousand dollars. The recommendation shall be subject to the approval of the Legislative Council. In the event the recommendation is not disapproved by the Legislative Council by the end of April following the submission of the recommendation, the recommendation shall be deemed to be approved. Upon approval, the Department of Examiners of Public Accounts shall notify the public of the adjusted dollar amounts by July 1 before the fiscal year in which the changes will take effect.
Ala. Code § 41-10-45.3 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-45.3
Section 41-10-45.3 Loans; Maximum Amount of Project Obligations; Refinancing; Investment of Funds
Status: in_force

(a) The authority may provide loans to an eligible borrower to pay for all or part of the eligible expenses of a qualifying project pursuant to a targeted county financing agreement. A loan may have a maturity or maturities not exceeding 20 years from its date, may bear interest or be interest free, may not exceed the maximum loan amount, and may contain terms not in conflict with the provisions of this article, all as the governing body of the authority may provide in the proceedings pursuant to which the loan is authorized to be issued. The authority may provide, in its discretion, that the loan shall bear interest at a rate or rates fixed at the time of the issuance thereof, or at fixed rates which may be changed from time to time during the term of the loan in accordance with an objective procedure determined by the authority at the time of the issuance of the loan, or at a floating rate or rates, and the authority may also provide, in its discretion, that interest on the loan may be payable in cash or in kind at fixed intervals, through one or more payments which reflect compound interest computed at specified intervals on accrued but unpaid interest, through a discount in the sales price for the loan equivalent to compound interest on the loan for all or part of the term thereof, or through any combination of the foregoing methods. The proceeds derived from the loan shall be used solely for the purpose specified in the targeted county financing agreement.

(b) The authority shall determine the form and content of loan applications, targeted county financing agreements, and loan obligations, including the term and rate or rates of interest. The loan application must include a description of the eligible project, the estimated cost of the project for which assistance is requested, and any other information required by the authority.

(c) The authority may not issue project obligations to provide money for the fund in excess of $20,000,000.

(d) The authority may:

(1) Require a qualifying borrower with an outstanding loan to submit to the authority information relevant to the loan; and

(2) Require a qualifying borrower with an outstanding loan to submit financial reports.

(e) The authority may refinance any loan previously made to a qualifying borrower.

(f) The Treasurer of the state may invest the money in the fund not currently needed to meet the obligations of the fund under this article. The Treasurer of the state may contract with investment management professionals, investment advisors, and legal counsel to assist in the management of the fund and may pay from the fund the state expenses incurred under those contracts.
Ala. Code § 41-4-33.2 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-33.2
Section 41-4-33.2 Applicability of Section; Use of Public Funds, Etc., by Ambulance Services, Etc., Authorized; Penalty for Unauthorized Use; Final Disposition of Property
Status: in_force

(a) This section shall apply to voluntary nonprofit ambulance services and voluntary nonprofit rescue squads which are operated as a public service for the benefit of the citizens of this state. It is declared that said ambulance services and rescue squads are quasi-public entities that are entitled to receive and use public funds or property appropriated, donated or loaned to them by the state or any county or municipal governing body.

(b) All surplus property owned by the state to be disposed of by sale at auction by the Finance Department shall first be screened by the state Board of Health Ambulance Advisory Board created in Section 22-18-5, and the Alabama Association of Rescue Squads, Inc., to determine if such property may be of use by volunteer ambulance services or volunteer rescue squads respectively. If said entities find such property to be useful to voluntary ambulance services or rescue squads, then the state Finance Director shall loan said property to the voluntary services. The state Finance Director is authorized to promulgate necessary rules to implement this section.

(c) Any property transferred to a volunteer ambulance service or rescue squad under the provisions of this section shall be used exclusively for ambulance and rescue purposes. The use of any such property other than on the business of the volunteer ambulance service or rescue squad is expressly prohibited. Any violation of the provision of this section shall be a Class A misdemeanor punishable as provided under Title 13A.

Final disposition of all properties loaned as a result of this section shall rest with the Finance Department of the state.
Ala. Code § 41-9-880 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-880
Section 41-9-880 Creation; Composition; Meetings; Quorum
Status: in_force

The Alabama Chiropractors’ Hall of Fame Board is hereby created and established. The board shall be composed of the Executive Committee of the Alabama State Chiropractic Association. The board shall meet annually at the office of the Alabama State Chiropractic Association and at such other times and places as its rules and bylaws may prescribe. A majority of the members shall constitute a quorum for the transaction of business. Members who cannot attend a meeting may appoint another member of the State Chiropractic Association to serve in their place for that meeting.
Ala. Code § 41-7A-23 — Alabama Code / Title 41 / Chapter 7A / Section 41-7A-23
Section 41-7A-23 Final Approval; Appeal
Status: reserved

Repealed by Act 2009-144, p. 268, §12, effective January 1, 2009.
Ala. Code § 41-10-464 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-464
Section 41-10-464 Exemption from Taxation
Status: in_force

The properties of the authority and the income therefrom, all lease agreements made by the authority, and all bonds issued by the authority and the income therefrom and all lien notices filed with respect thereto shall be forever exempt from any and all taxation in the State of Alabama.
Ala. Code § 41-10-202 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-202
Section 41-10-202 Incorporation of Authority; Procedure
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-9-935 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-935
Section 41-9-935 Appropriations
Status: in_force

(a) The North Alabama Agriplex may receive and expend all legislative appropriations and funds donated or contributed for its use.

(b) In any fiscal year after FY 2001, the direct appropriation from the State General Fund to the Alabama Agriculture Museum Board shall always be equal to the amount appropriated to the North Alabama Agriplex Board plus one hundred thirty-six thousand dollars ($136,000).
Ala. Code § 41-10-100 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-100
Section 41-10-100 Investment of Surplus, Etc., County Funds in Bonds of Corporation
Status: in_force

The governing body is authorized in its discretion to invest in bonds of the corporation any idle or surplus money held in the treasury of the county which is not otherwise earmarked or pledged.
Ala. Code § 41-10-230 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-230
Section 41-10-230 Short Title
Status: in_force

This article shall be known and cited as “The Africatown, U.S.A. Act of 1985.”
Ala. Code § 41-14A-2 — Alabama Code / Title 41 / Chapter 14A / Section 41-14A-2
Section 41-14A-2 Definitions
Status: in_force

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

(1) AVERAGE MONTHLY BALANCE OF PUBLIC DEPOSITS. The sum of the average daily balances of public deposits, meaning the net average daily balances of public deposits determined without any deduction for deposit insurance, for the reported month and the 11 months preceding that month, divided by 12.

(2) BOARD OF DIRECTORS or BOARD. The Board of Directors of the SAFE Program established under Section 41-14A-6. The board of directors shall consist of eight members.

(3) COLLATERAL-PLEDGING LEVEL or COLLATERAL-PLEDGING REQUIREMENT. The percentage or percentages of collateral, in relation to one or more levels of public deposits held, required to be pledged by a qualified public depository as determined in accordance with the provisions of this chapter or rules or orders of the board adopted pursuant to this chapter.

(4) COVERED PUBLIC ENTITY. The state and its political subdivisions, including its agencies, departments, boards, commissions, officers, public institutions of higher learning as defined in Section 16-5-1, and courts; counties, including the offices of their public officials, whether elected or appointed, and any of their agencies, departments, boards, school districts, commissions, and courts; municipalities, and any of their agencies, departments, boards, school districts, commissions, and courts; public corporations, including any public board, authority, or district, heretofore or hereafter organized or created in this state pursuant to authorization or determination of any municipality or municipalities or by any county or counties or the governing body of any one or more thereof and that receive any appropriations of funds by action of the Legislature of this state or any governing body of any political subdivision, municipality, or county of this state or that receive the proceeds of any tax levied pursuant to any statute of this state; any improvement authority incorporated under Chapter 7 of Title 39; any public corporation or instrumentality created under the statutes of this state enacted prior to January 1, 2001, that expressly provide that depositories of funds of such public corporation or instrumentality shall pledge collateral to secure the public corporation’s or instrumentality’s deposits; and any other public corporation created under statutes of this state enacted on or after January 1, 2001, that provide that the public corporation shall be subject to the provisions of this chapter.

(5) COVERED PUBLIC OFFICIAL. In the case of the State of Alabama, the State Treasurer or the State Treasurer’s designee, and, in the case of each other covered public entity, the treasurer or other chief financial officer or public official, or designee thereof, responsible for handling deposits of any funds of such covered public entity.

(6) CUSTODIAN. Any bank, savings association, or trust company that:

a. Is organized and existing under the laws of this state, any other state of the United States, or the United States.

b. Has executed all forms required under this chapter or any rule adopted hereunder.

c. Agrees to be subject to the jurisdiction of the courts of this state, or of courts of the United States which are located within this state, for the purpose of any litigation arising out of this chapter.

d. Has been approved pursuant to this chapter to act as a custodian.

(7) DEFAULT or INSOLVENCY. The failure or refusal of a qualified public depository to pay any check or warrant drawn upon sufficient and collected funds by any public depositor or to return any deposit on demand or at maturity together with interest as agreed; the issuance of an order by any supervisory authority restraining such depository from making payments of deposit liabilities; or the appointment of a receiver for such depository.

(8) DEPOSIT INSURANCE. That amount of insurance provided by the Federal Deposit Insurance Corporation or its successor, applicable to each public depositor’s public deposits in a particular financial institution.

(9) ELIGIBLE COLLATERAL. Any of the types of securities or other investment instruments designated as being eligible collateral for state depositories in Section 41-14-35.

(10) FINANCIAL INSTITUTION. A bank or savings association which is organized and existing under the laws of this state, any other state of the United States, or the United States, and which is authorized pursuant to the laws of this state or the United States to conduct, and is conducting, the business of making loans and taking deposits in this state.

(11) GENERALLY APPLICABLE PLEDGING LEVEL. Prior to December 31, 2003, 100 percent of a qualified public depository’s net average daily balance of public deposits; and on and after December 31, 2003, the percentage of net average daily balance of public deposits established by the board of directors as the generally applicable collateral pledging level for qualified public depositories, provided, however, that the generally applicable collateral pledging level established by the board of directors shall not be less than 70 percent of a qualified public depository’s net average daily balance of public deposits.

(12) LOSS PAYMENT FUND. The SAFE Loss Payment Fund established under Section 41-14A-10.

(13) LOSS TO PUBLIC DEPOSITORS. Loss of all or part of principal or all or part of interest, or both, or other earnings on the principal accrued or accruing as of the date the qualified public depository was declared in default or insolvent.

(14) NET AVERAGE DAILY BALANCE OF PUBLIC DEPOSITS. With respect to a reported month, the total of the daily account balances of all public deposits held by a qualified public depository, less applicable deposit insurance, divided by the number of calendar days in the month.

(15) PROGRAM ADMINISTRATION FUND. The SAFE Program Administration Fund established under Section 41-14A-12.

(16) PROGRAM ENFORCEMENT FUND. The SAFE Program Enforcement Fund established under Section 41-14A-13.

(17) PUBLIC DEPOSIT. The funds of any covered public entity or covered public official that are placed on deposit in a qualified public depository, including, but not limited to, time deposit accounts, demand deposit accounts, and certificates of deposit. All certificates of deposit, whether negotiable or nonnegotiable, shall be considered deposits and shall be subject to the provisions of this chapter. Funds held by a financial institution, on behalf of a covered public entity or covered public official, in securities and other investment vehicles, including, but not limited to, bonds, notes, bills, warrants, common trust funds, money market mutual funds and other mutual funds, investment trusts, repurchase agreements, and reverse repurchase agreements and similar instruments are considered investments and are not public deposits as defined in this subdivision.

(18) PUBLIC DEPOSITOR. Any covered public entity or covered public official which or who makes a public deposit.

(19) QUALIFIED PUBLIC DEPOSITORY. Any financial institution that has deposit insurance under the provisions of the Federal Deposit Insurance Act, 12 U.S.C. § 1811 et seq., that meets all of the requirements of this chapter, and that has been designated by the board as a qualified public depository.

(20) REQUIRED COLLATERAL. That eligible collateral which is required to be pledged by a qualified public depository in order to satisfy the qualified public depository’s collateral-pledging requirement.

(21) SAFE COLLATERAL POOL. At any given time, the aggregate collateral pledged by all qualified public depositories pursuant to this chapter in connection with the SAFE Program.

(22) SAFE PROGRAM. The Security for Alabama Funds Enhancement Program established and to be administered under this chapter.

(23) STATE TREASURER. The Treasurer of the State of Alabama.
Ala. Code § 41-9-471 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-471
Section 41-9-471 Composition; Appointment, Qualifications, Terms, Compensation and Removal of Members; Filling of Vacancies; Chair; Annual Meetings; Quorum; Executive Committee; Adoption of Rules and Regulations
Status: in_force

The commission created herein shall consist of 18 members, to be appointed by the Governor, who shall be bona fide residents and qualified voters of this state, at least six of whom shall be residents of Talladega County. The remaining members of the commission shall be appointed from throughout the state in such manner as to provide general statewide representation on the commission. All members shall be knowledgeable and interested in the automobile racing industry and the automobile industry and in the promotion of interest in such fields. Nine of the original members shall be appointed for terms of four years, and nine members shall be appointed for terms of eight years. All members shall serve until their successors are appointed and qualified, but any member may be removed by the Governor for just cause. Vacancies shall be filled in the same manner as original appointments are made. The first chair of the commission shall be appointed by the Governor from among the original appointees. Thereafter, each succeeding chair shall be selected by the other members of the commission. Members of the commission shall serve without compensation, but shall be entitled to reimbursement for expenses incurred in the performance of the duties of the commission in the amounts provided by law. The commission shall hold at least one annual meeting at the site of the exhibit, and one half of the members shall constitute a quorum for the transaction of any business which may properly come before the commission at any such meeting. The commission shall have the right to adopt such rules and regulations as may be necessary to carry out the effect and purposes of this article and shall be authorized to provide for an executive committee of not fewer than five of its members to whom it may delegate such powers and authority as the commission may deem to be advisable.
Ala. Code § 41-9-201 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-201
Section 41-9-201 Creation; Composition; Support
Status: in_force

Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-1.
Ala. Code § 41-10-48.03 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.03
Section 41-10-48.03 Definitions
Status: in_force

For the purposes of this article, the following words shall have the following meanings: (1) AUTHORITY. The State Industrial Development Authority. (2) BONDS. Includes bonds, notes, or other evidence of indebtedness except as otherwise provided in this article. (3) ELECTRIC PROVIDER. The same meaning as provided in Section 37-16-3 and shall also include the Tennessee Valley Authority and an authority as defined in Section 11-50A-1. (4) ELIGIBLE PROJECT. a. Energy infrastructure projects and associated costs that: 1. Support a qualifying project approved by the Department of Commerce pursuant to Section 40-18-372; 2. Provide or enhance the energy infrastructure necessary for development of a site approved by the State Industrial Development Authority for grants pursuant to Article 2D of this chapter; or 3. Support the construction, enhancement, expansion, or upgrade of energy infrastructure projects in areas where the energy infrastructure is anticipated to facilitate future economic development as determined by the authority, with an emphasis on such development in rural areas. b. This term shall not include funding for activities associated with the general maintenance, repair, or upkeep of energy infrastructure. (5) ENERGY BANK. The Alabama Energy Infrastructure Bank. (6) ENERGY FUND. The Alabama Energy Infrastructure Fund established under Section 41-10-48.04. (7) ENERGY INFRASTRUCTURE PROJECTS. Generation infrastructure, transmission infrastructure, and projects addressing long-lead items. (8) FINANCIAL ASSISTANCE. Includes, but is not limited to, contractual guarantees supporting eligible projects, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, reimbursable or other contractual arrangements, and other lawful forms of financing and methods of leveraging funds that are approved by the authority, and in the case of federal funds, as allowed by federal law. (9) FINANCING AGREEMENT. Any agreement entered into between the authority and an electric provider pertaining to a loan or other financial assistance and other provisions as the authority may determine. The term includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (10) LOAN. An obligation subject to repayment which is provided by the authority to an electric provider for all or a part of the costs of an eligible project. A loan may be disbursed in anticipation of reimbursement for or direct payment of costs of an eligible project or to refinance temporary financing used to pay costs of an eligible project. (11) LOAN OBLIGATION. A bond, note, or other evidence of an obligation issued by an electric provider. (12) LONG-LEAD ITEMS. Equipment, components, or materials necessary for energy infrastructure projects that require extended manufacturing, procurement, or delivery times of at least 24 months and with a total cost that exceeds two hundred fifty thousand dollars ($250,000), as may be approved by the authority. (13) PERMITTED INVESTMENTS. Includes any of the following: a. Certificates of deposit, savings accounts, deposit accounts, or money market deposits that are any of the following: 1. Secured as provided in Chapter 14A. 2. Fully insured by the FDIC. 3. Made with a bank whose unsecured, long-term obligations are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. b. Direct obligations of, or obligations the full and timely payment of which is guaranteed by, the United States of America, including unit investment trusts and mutual funds that invest solely in such obligations. c. Bonds, debentures, notes, pass through securities, or other obligations issued or guaranteed by any federal agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States of America as an agency or instrumentality thereof if the obligations are either of the following: 1. Backed by the full faith and credit of the United States of America. 2. Rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by the rating agency. d. Commercial paper that is rated not less than “P-1” by Moody’s Investors Service or “A-1+” by Standard and Poor’s at the time of purchase. e. Money market funds rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. f. Bonds, warrants, notes, or other obligations issued by any state, county, or municipality which are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. g. Investment agreements, including, without limitation, guaranteed investment contracts, repurchase agreements, and forward purchase agreements, provided that all of the following are satisfied: 1. Any securities purchased or held pursuant to the agreement are otherwise permitted investments. 2. The counterparty’s long-term debt obligations are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. 3. The securities, if purchased, are owned by the bank or a trustee for any of the bank’s obligations and are held by the bank, the trustee, or a third-party custodian acceptable to the bank or, if held as collateral, are held by the bank, the trustee, or a third-party custodian acceptable to the bank with a perfected first security interest in such collateral. h. Investment or cash management agreements with a commercial bank whose senior long-term debt obligations are, at the time of the acquisition of any such investment or cash management agreement for the account of the bank, rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency, or with a commercial bank that is owned or controlled by a bank holding company whose senior long-term debt obligations, at the time of the acquisition of any such investment or cash management agreement for the account of the bank, are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. (14) REVENUES. When used with respect to the authority, any receipts, fees, income, or other payments received or to be received by the authority as a result of the authority’s activities under this article including, without limitation, receipts and other payments deposited with the authority and investment earnings on its funds and accounts. (15) RURAL AREA. Any county within the state not having a population in excess of 150,000 inhabitants as determined by reference to the last federal decennial census. (16) STRATEGIC DEVELOPMENT FUND. The Strategic Energy Infrastructure Development Fund established under Section 41-10-48.12. (17) TRANSMISSION INFRASTRUCTURE. Facilities and systems responsible for transporting electricity from generation sources and for also processing, converting, and delivering such electricity into voltages required for the eligible project, including, but not limited to, high-voltage transmission lines, transformers, breakers, relays, substations, interconnection facilities, and associated equipment.

(1) AUTHORITY. The State Industrial Development Authority.

(2) BONDS. Includes bonds, notes, or other evidence of indebtedness except as otherwise provided in this article.

(3) ELECTRIC PROVIDER. The same meaning as provided in Section 37-16-3 and shall also include the Tennessee Valley Authority and an authority as defined in Section 11-50A-1.

(4) ELIGIBLE PROJECT. a. Energy infrastructure projects and associated costs that:

1. Support a qualifying project approved by the Department of Commerce pursuant to Section 40-18-372;

2. Provide or enhance the energy infrastructure necessary for development of a site approved by the State Industrial Development Authority for grants pursuant to Article 2D of this chapter; or

3. Support the construction, enhancement, expansion, or upgrade of energy infrastructure projects in areas where the energy infrastructure is anticipated to facilitate future economic development as determined by the authority, with an emphasis on such development in rural areas.

b. This term shall not include funding for activities associated with the general maintenance, repair, or upkeep of energy infrastructure. (5) ENERGY BANK. The Alabama Energy Infrastructure Bank. (6) ENERGY FUND. The Alabama Energy Infrastructure Fund established under Section 41-10-48.04. (7) ENERGY INFRASTRUCTURE PROJECTS. Generation infrastructure, transmission infrastructure, and projects addressing long-lead items. (8) FINANCIAL ASSISTANCE. Includes, but is not limited to, contractual guarantees supporting eligible projects, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, reimbursable or other contractual arrangements, and other lawful forms of financing and methods of leveraging funds that are approved by the authority, and in the case of federal funds, as allowed by federal law. (9) FINANCING AGREEMENT. Any agreement entered into between the authority and an electric provider pertaining to a loan or other financial assistance and other provisions as the authority may determine. The term includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (10) LOAN. An obligation subject to repayment which is provided by the authority to an electric provider for all or a part of the costs of an eligible project. A loan may be disbursed in anticipation of reimbursement for or direct payment of costs of an eligible project or to refinance temporary financing used to pay costs of an eligible project. (11) LOAN OBLIGATION. A bond, note, or other evidence of an obligation issued by an electric provider. (12) LONG-LEAD ITEMS. Equipment, components, or materials necessary for energy infrastructure projects that require extended manufacturing, procurement, or delivery times of at least 24 months and with a total cost that exceeds two hundred fifty thousand dollars ($250,000), as may be approved by the authority. (13) PERMITTED INVESTMENTS. Includes any of the following: a. Certificates of deposit, savings accounts, deposit accounts, or money market deposits that are any of the following: 1. Secured as provided in Chapter 14A. 2. Fully insured by the FDIC. 3. Made with a bank whose unsecured, long-term obligations are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. b. Direct obligations of, or obligations the full and timely payment of which is guaranteed by, the United States of America, including unit investment trusts and mutual funds that invest solely in such obligations. c. Bonds, debentures, notes, pass through securities, or other obligations issued or guaranteed by any federal agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States of America as an agency or instrumentality thereof if the obligations are either of the following: 1. Backed by the full faith and credit of the United States of America. 2. Rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by the rating agency. d. Commercial paper that is rated not less than “P-1” by Moody’s Investors Service or “A-1+” by Standard and Poor’s at the time of purchase. e. Money market funds rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. f. Bonds, warrants, notes, or other obligations issued by any state, county, or municipality which are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. g. Investment agreements, including, without limitation, guaranteed investment contracts, repurchase agreements, and forward purchase agreements, provided that all of the following are satisfied: 1. Any securities purchased or held pursuant to the agreement are otherwise permitted investments. 2. The counterparty’s long-term debt obligations are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. 3. The securities, if purchased, are owned by the bank or a trustee for any of the bank’s obligations and are held by the bank, the trustee, or a third-party custodian acceptable to the bank or, if held as collateral, are held by the bank, the trustee, or a third-party custodian acceptable to the bank with a perfected first security interest in such collateral. h. Investment or cash management agreements with a commercial bank whose senior long-term debt obligations are, at the time of the acquisition of any such investment or cash management agreement for the account of the bank, rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency, or with a commercial bank that is owned or controlled by a bank holding company whose senior long-term debt obligations, at the time of the acquisition of any such investment or cash management agreement for the account of the bank, are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency. (14) REVENUES. When used with respect to the authority, any receipts, fees, income, or other payments received or to be received by the authority as a result of the authority’s activities under this article including, without limitation, receipts and other payments deposited with the authority and investment earnings on its funds and accounts. (15) RURAL AREA. Any county within the state not having a population in excess of 150,000 inhabitants as determined by reference to the last federal decennial census. (16) STRATEGIC DEVELOPMENT FUND. The Strategic Energy Infrastructure Development Fund established under Section 41-10-48.12. (17) TRANSMISSION INFRASTRUCTURE. Facilities and systems responsible for transporting electricity from generation sources and for also processing, converting, and delivering such electricity into voltages required for the eligible project, including, but not limited to, high-voltage transmission lines, transformers, breakers, relays, substations, interconnection facilities, and associated equipment.

(5) ENERGY BANK. The Alabama Energy Infrastructure Bank.

(6) ENERGY FUND. The Alabama Energy Infrastructure Fund established under Section 41-10-48.04.

(7) ENERGY INFRASTRUCTURE PROJECTS. Generation infrastructure, transmission infrastructure, and projects addressing long-lead items.

(8) FINANCIAL ASSISTANCE. Includes, but is not limited to, contractual guarantees supporting eligible projects, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, reimbursable or other contractual arrangements, and other lawful forms of financing and methods of leveraging funds that are approved by the authority, and in the case of federal funds, as allowed by federal law.

(9) FINANCING AGREEMENT. Any agreement entered into between the authority and an electric provider pertaining to a loan or other financial assistance and other provisions as the authority may determine. The term includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument.

(10) LOAN. An obligation subject to repayment which is provided by the authority to an electric provider for all or a part of the costs of an eligible project. A loan may be disbursed in anticipation of reimbursement for or direct payment of costs of an eligible project or to refinance temporary financing used to pay costs of an eligible project.

(11) LOAN OBLIGATION. A bond, note, or other evidence of an obligation issued by an electric provider.

(12) LONG-LEAD ITEMS. Equipment, components, or materials necessary for energy infrastructure projects that require extended manufacturing, procurement, or delivery times of at least 24 months and with a total cost that exceeds two hundred fifty thousand dollars ($250,000), as may be approved by the authority.

(13) PERMITTED INVESTMENTS. Includes any of the following:

a. Certificates of deposit, savings accounts, deposit accounts, or money market deposits that are any of the following:

1. Secured as provided in Chapter 14A.

2. Fully insured by the FDIC.

3. Made with a bank whose unsecured, long-term obligations are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency.

b. Direct obligations of, or obligations the full and timely payment of which is guaranteed by, the United States of America, including unit investment trusts and mutual funds that invest solely in such obligations.

c. Bonds, debentures, notes, pass through securities, or other obligations issued or guaranteed by any federal agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States of America as an agency or instrumentality thereof if the obligations are either of the following:

1. Backed by the full faith and credit of the United States of America.

2. Rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by the rating agency.

d. Commercial paper that is rated not less than “P-1” by Moody’s Investors Service or “A-1+” by Standard and Poor’s at the time of purchase.

e. Money market funds rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency.

f. Bonds, warrants, notes, or other obligations issued by any state, county, or municipality which are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency.

g. Investment agreements, including, without limitation, guaranteed investment contracts, repurchase agreements, and forward purchase agreements, provided that all of the following are satisfied:

1. Any securities purchased or held pursuant to the agreement are otherwise permitted investments.

2. The counterparty’s long-term debt obligations are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency.

3. The securities, if purchased, are owned by the bank or a trustee for any of the bank’s obligations and are held by the bank, the trustee, or a third-party custodian acceptable to the bank or, if held as collateral, are held by the bank, the trustee, or a third-party custodian acceptable to the bank with a perfected first security interest in such collateral.

h. Investment or cash management agreements with a commercial bank whose senior long-term debt obligations are, at the time of the acquisition of any such investment or cash management agreement for the account of the bank, rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency, or with a commercial bank that is owned or controlled by a bank holding company whose senior long-term debt obligations, at the time of the acquisition of any such investment or cash management agreement for the account of the bank, are rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency.

(14) REVENUES. When used with respect to the authority, any receipts, fees, income, or other payments received or to be received by the authority as a result of the authority’s activities under this article including, without limitation, receipts and other payments deposited with the authority and investment earnings on its funds and accounts.

(15) RURAL AREA. Any county within the state not having a population in excess of 150,000 inhabitants as determined by reference to the last federal decennial census.

(16) STRATEGIC DEVELOPMENT FUND. The Strategic Energy Infrastructure Development Fund established under Section 41-10-48.12.

(17) TRANSMISSION INFRASTRUCTURE. Facilities and systems responsible for transporting electricity from generation sources and for also processing, converting, and delivering such electricity into voltages required for the eligible project, including, but not limited to, high-voltage transmission lines, transformers, breakers, relays, substations, interconnection facilities, and associated equipment.
Ala. Code § 41-10-840 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-840
Section 41-10-840 Short Title
Status: in_force

This article shall be known and may be cited as the Innovating Alabama Act.
Ala. Code § 41-10-321 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-321
Section 41-10-321 Obligations, Bonds and Notes Not Debts of State
Status: in_force

All obligations incurred by the authority and all bonds and notes issued by it shall be solely and exclusively an obligation of the authority, payable solely from the sources which may under the provisions of this article be pledged to the payment thereof. No obligation incurred by the authority and no bond or note issued by it shall create an obligation or debt of the state or of the commission.
Ala. Code § 41-28-3 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-3
Section 41-28-3 Appointment and Compensation of Secretary; Personnel; Transfer of Employees
Status: in_force

(a) The Secretary of Information Technology shall be appointed by and serve at the pleasure of the Governor. The Secretary of Information Technology is a cabinet level position and the secretary shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the Secretary of Information Technology and the Office of Information Technology by law and shall be the state Chief Information Officer (CIO) and the principal advisor to the Governor on information technology policy, including policy on the acquisition and management of information technology and resources. The Secretary of Information Technology shall receive a salary in an amount to be determined by the Governor.

(b) Before entering upon the discharge of his or her duties, the secretary shall take the constitutional oath of office and 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 fifty thousand dollars ($50,000), for the faithful performance of the secretary’s duties.

(c) The secretary shall devote full time to the office and shall not hold another office under the government of the United States, any other state, or this state, or any political subdivision thereof, during his or her incumbency in the office and shall not hold any position of trust or profit or engage in any occupation or business the conduct of which interferes or is inconsistent with the performance of his or her duties as secretary.

(d) The employees of the office shall be either members of the classified service of the Merit System or exempt from the Merit System. In addition to any other exempt positions as otherwise allowed by law, the exempt positions in the office shall be limited to:

(1) Up to two deputy secretaries.

(2) Up to six highly trained, highly specialized information technology professionals.

(e) Employees of the office in the exempt service shall serve at the pleasure of the secretary and, notwithstanding Section 36-6-6, shall receive salaries to be determined by the secretary.
Ala. Code § 41-10-353 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-353
Section 41-10-353 Application for Authority to Incorporate
Status: in_force

To become a corporation, the Governor, the commissioner, the Director of Finance, the chair of the oversight committee, and the vice-chair of the oversight committee shall present to the Secretary of State of Alabama an application signed by them which shall set forth: (1) the name, official designation, and official residence of each of the applicants; (2) the date on which each applicant was inducted or elected into office and the term of office of each applicant; (3) the name of the proposed corporation, which shall be the Alabama Mental Health Finance Authority; (4) the location of the principal office of the proposed corporation; and (5) any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama. The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he or she finds that it substantially complies with the requirements of this section, he or she shall receive and file it and record it in an appropriate book of records in his or her office.
Ala. Code § 41-9-341 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-341
Section 41-9-341 Members Not to Receive Pay, Etc.; Payment of Expenses of Members; Conflicts of Interest of Members or Employees of Commission; Penalty
Status: in_force

No member of the commission shall receive any pay or emolument for the discharge of his duties. Commission members and employees of the commission shall be reimbursed for actual expenses incurred on behalf of the commission in the development, operation, promotion, and expansion of its programs and activities. All such expenses are to be paid from the funds of the commission.

It shall be unlawful for any member of the commission or any employee thereof to charge, receive, or obtain, either directly or indirectly, any fee, commission, retainer, or brokerage out of the funds of the commission, and no member of the commission or officer or employee thereof shall have any interest in any land, materials or contracts sold to or made or negotiated with the commission or with any member or employee thereof acting in his or her capacity as a member or employee of such commission. Violation of any provision of this section shall be a misdemeanor and, upon conviction, shall be punishable by removal from membership or employment and by a fine of not less than $100.00 or by imprisonment not to exceed six months or both.
Ala. Code § 41-9-219 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-219
Section 41-9-219-6 Examinations; Rules; Appraisal
Status: in_force

The purchaser of the qualified equity investment, or subsequent holder of the qualified equity investment, earns a vested right to a tax credit and shall be entitled to utilize a portion of such tax credit during the taxable year including that credit allowance date equal to the applicable percentage for such credit allowance date multiplied by the purchase price paid to the issuer of the qualified equity investment. The amount of the tax credit claimed shall not exceed the amount of the taxpayer’s state tax liability for the tax year for which the tax credit is claimed. The basis of any qualified equity investment shall be reduced by the amount of any credit determined under this section with respect to such investment.
Ala. Code § 41-10-844 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-844
Section 41-10-844 Scope and Use of Innovating Alabama Credits
Status: in_force

(a) A taxpayer is allowed an Innovating Alabama tax credit to be applied against all of the following:

(1) To offset the income taxes levied in Chapter 18 of Title 40 or as an estimated tax payment of income taxes.

(2) To offset the state portion of the financial institution excise tax levied in Chapter 16 of Title 40.

(3) To offset the insurance premium tax levied by subsection (a) of Section 27-4A-3.

(4) To offset state license taxes levied by Article 2 of Chapter 21 of Title 40.

(b) In no event shall the Innovating Alabama tax credit cause a taxpayer’s tax liability to be reduced by more than 50 percent. Unused credits may be carried forward for no more than five years.

(c) Innovating Alabama tax credits shall be granted to taxpayers using an online system administered by the Department of Revenue. The online system shall allow taxpayers to agree to make a cash contribution to an economic development organization which was approved by Innovate Alabama, as provided in Section 41-10-843. The online system shall ensure that Innovating Alabama tax credits are not granted for contributions to an economic development organization in excess of the amounts approved by Innovate Alabama, as provided in Section 41-10-843.

(d) The cumulative amount of funding approved pursuant to this section shall not exceed twenty-five million dollars ($25,000,000) in a calendar year for calendar years beginning January 1, 2023. The Department of Commerce shall enter into a memorandum of understanding with Innovate Alabama to provide administrative assistance to manage the Innovating Alabama tax credit program; provided, that this memorandum of understanding shall terminate on December 31, 2023.

(e) Innovate Alabama shall reserve at least ten million dollars ($10,000,000) of the amounts specified in subsection (d) for projects described in Section 41-10-842(a)(2).

(f) To the extent that an Innovating Alabama tax credit is used by a taxpayer, the taxpayer shall not be allowed any deduction that would have otherwise been allowed for the taxpayer’s contribution. Tax credits may only be claimed by the donating taxpayer and may not be assigned or transferred to any other taxpayer. For purposes of this section, a donating taxpayer includes a taxpayer who is a shareholder of an Alabama S corporation or a partner or member of a subchapter K entity that made a contribution to an economic development organization which was approved by Innovate Alabama.

(g) The Department of Finance shall adopt rules to ensure that the Innovating Alabama tax credit program in no case would reduce the distribution for the Alabama Special Mental Health Trust Fund by using any unencumbered funds to ensure that an Innovating Alabama tax credit shall not be limited, prevented, or reduced.
Ala. Code § 41-9-633 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-633
Section 41-9-633 Persons Wanted, Vehicles and Property Stolen - Reporting by Criminal Justice Agencies
Status: in_force

All criminal justice agencies within the state shall report to ALEA, in a time and manner prescribed by the commission, all persons wanted by and all vehicles and property stolen from their jurisdictions. The reports shall be made as soon as is practicable after the investigating department or agency either determines a vehicle or identifiable property has been stolen, obtains a warrant for an individual’s arrest, or determines that there are reasonable grounds to believe that the individual has committed the crime. In no event shall this time exceed 12 hours after the reporting department or agency determines that it has grounds to believe that a vehicle or property was stolen or that the wanted person should be arrested. The commission may institute any and all procedures necessary to trace and complete the investigative cycles of stolen vehicles or wanted persons.
Ala. Code § 41-16-125 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-125
Section 41-16-125 State Plan of Operation for State Agency for Federal Property Assistance
Status: in_force

The temporary state plan of operation for the state agency for federal property assistance which was approved by the Governor of Alabama on July 14, 1977, and accepted by the General Services Administration on September 14, 1977, shall become the permanent state plan of operation; provided, however, the division shall have authority, with approval of the Governor, to revise said plan from time to time in accordance with regulations as established by the General Services Administration pursuant to Public Law 94-519 which governs the distribution of federal surplus property.
Ala. Code § 41-17-8 — Alabama Code / Title 41 / Chapter 17 / Section 41-17-8
Section 41-17-8 Maintenance and Repair of State-Owned Automobiles
Status: reserved

Repealed by Act 2013-282, §2, effective October 1, 2014.
Ala. Code § 41-9-23 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-23
Section 41-9-23 Annual Report to Governor; Issuance, Etc., of Publications
Status: in_force

The commission may make an annual report to the Governor and may issue such other publications as are necessary to better develop its activities, all to be printed and distributed as other state documents.
Ala. Code § 41-10-44.1 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.1
Section 41-10-44.1 Legislative Intent with Respect to Additional Powers of the Authority
Status: in_force

The Legislature has found and determined that the economic well-being of the citizens of the State of Alabama will be enhanced by the increased development and growth of industry within the state and that it is in the best interest of the state to induce the location or expansion of industrial and research facilities within the state in order to promote the public purpose of creating new jobs within the state. The Legislature further has found and determined that the inducements herein provided will encourage the creation of jobs which would not otherwise exist and will create new sources of tax revenues for the state and its political subdivisions. The Legislature hereby finds and declares that the powers to be granted to the authority by this article and the purposes to be accomplished hereby are proper governmental and public purposes and that the inducement of the location or expansion of industrial and research facilities within the state is of paramount importance. The Legislature intends that the powers herein granted to the authority shall be in addition to those which it already possesses.

This article shall be liberally construed in conformity with intentions of the Legislature expressed above.
Ala. Code § 41-9-248 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-248
Section 41-9-248 Employees
Status: in_force

The commission may employ either on a part-time or full-time basis such advisors, archaeologists, architects, engineers, attorneys, real estate appraisers, laborers, artisans, historians, caretakers, guides, peace officers, technicians, superintendents, stenographers and administrative employees and supervisory and professional personnel as may be necessary or advisable for carrying out in the most efficient and beneficial manner the purposes and provisions of this division, and all permanent full-time employees other than the executive director, the state officer of archaeology and projects supervisor shall be subject to the state Merit System.
Ala. Code § 41-29-332 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-332
Section 41-29-332 Alabama Office of Apprenticeship - Created; Purposes; Management; Application for Recognition
Status: in_force

(a) The Alabama Office of Apprenticeship is established as a part of the Alabama Industrial Development and Training Institute of the Department of Commerce, in accordance with 29 U.S.C. §50, 29 C.F.R., Subtitle A, Parts 29 and 30, and Article 20 of Chapter 18 of Title 40, the Apprenticeship Tax Credit Act of 2016. The Alabama Office of Apprenticeship is established for all of the following purposes:

(1) To exercise nonexclusive authority to determine whether an apprenticeship program conforms to the regulations published in 29 C.F.R., Subtitle A, Parts 29 and 30.

(2) To set forth labor standards necessary to safeguard the welfare of apprentices.

(3) To establish policies and procedures for the registration and deregistration of preapprenticeships, youth registered apprenticeships, and registered apprenticeships.

(4) To serve as the registration agency for preapprenticeships, youth registered apprenticeships, registered apprenticeships, and industry-recognized apprenticeships in the state when the sponsor of such programs chooses to certify or register the programs with the Alabama Office of Apprenticeship.

(5) To resolve disputes arising between the parties involved in an apprenticeship agreement registered by the Alabama Office of Apprenticeship.

(b) The Alabama Office of Apprenticeship shall be maintained under the direction of the Deputy Secretary of the Alabama Industrial Development and Training Institute of the Department of Commerce. The deputy secretary, with the advice and consent of the Alabama Apprenticeship Council created pursuant to Section 41-29-334, may appoint a director for the Alabama Office of Apprenticeship, who shall serve at the pleasure of the deputy secretary, shall manage the Alabama Office of Apprenticeship, and shall perform such duties as necessary to effectuate the intent of this division.

(c) The deputy secretary, no later than June 30, 2019, with the advice and consent of the Alabama Apprenticeship Council, shall submit to the United States Secretary of Labor and the Administrator of the national Office of Apprenticeship, in accordance with 29 C.F.R. §29.13(a), an application to recognize the Alabama Office of Apprenticeship as a state apprenticeship agency that shall comply with 29 C.F.R. §29.13(a)-(c). The application for recognition as a state apprentice agency, submitted by the deputy secretary, shall include all of the following elements:

(1) A description of policies and operating procedures that depart from, or impose requirements in addition to, 29 C.F.R., Subtitle A, Part 29.

(2) A state plan for equal employment opportunity in apprenticeship that conforms to the requirements published in 29 C.F.R., Subtitle A, Part 30.

(3) A description of the basic standards, criteria, requirements for program registration or approval, or both, and a demonstration of the linkages and coordination with the economic development and publicly funded workforce investment system of the state.

(4) A description of how the Alabama Office of Apprenticeship will utilize the Alabama Apprenticeship Council.

(5) A description of the respective powers of the Alabama Office of Apprenticeship and the Alabama Apprenticeship Council.

(6) A description of the required contents of apprenticeship agreements, in conformity with 29 C.F.R. §29.7.

(7) A plan to ensure that the registration of apprenticeship programs occurs only in apprenticeable occupations, as provided in 29 C.F.R. §29.4, including occupations in high growth and high demand industries, including a description of how the Alabama Office of Apprenticeship will expand apprenticeship opportunities in apprenticeable occupations listed on the regional and statewide list of in-demand career pathways.

(8) A plan to accord reciprocal approval, for federal purposes, to apprentices, apprenticeship programs, and standards that are registered in other states by the national Office of Apprenticeship or a registration agency, if such reciprocity is requested by the apprenticeship program sponsor. Program sponsors seeking reciprocal approval shall meet wage and hour provisions and apprentice ratio standards of this state.

(9) A plan providing for the cancellation or deregulation, or both, of programs for temporary suspension, cancellation, or deregistration, or any of these, of apprenticeship agreements.
Ala. Code § 41-9-954 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-954
Section 41-9-954 Executive Director; Supervision of Tuskegee Airmen Memorial; Compensation; Duties and Authority
Status: in_force

The commission may employ or contract with an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly to the commission for the general supervision, promotion, and development of the Tuskegee Airmen Memorial. The commission shall fix his or her compensation, the same to be paid from the funds of the commission and shall further designate his or her duties and authority.
Ala. Code § 41-10-632 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-632
Section 41-10-632 Tax Exemption
Status: in_force

The income and property of the authority, all bonds of the authority and the interest paid on any such bonds, all conveyances by or to the authority, and all instruments by and to the authority shall be exempt from all taxation in the state. The authority shall also be exempt from all license and excise taxes imposed in respect of the privilege of engaging in any of the activities in which the authority may engage. The authority shall not be obligated to pay or allow any fees, taxes, or costs in the recording of any document to the judge of probate of any county.
Ala. Code § 41-9-435 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-435
Section 41-9-435 Liability Upon Revenue Bonds Issued by Commission
Status: in_force

All revenue bonds issued by the commission shall be solely and exclusively the obligations of the commission and shall not create an obligation or debt of the state or of any county or of any municipality within the state. All revenue bonds issued by the commission for the purpose of providing lodging facilities shall be payable solely out of the revenues and receipts derived from the operation, leasing or sale by the commission of such lodging facilities as may be designated in the proceedings of the commission under which the bonds shall be authorized to be issued.

The principal of and interest on any such revenue bonds shall be secured by a pledge of the revenues and receipts out of which the same may be payable and may be secured by a mortgage and deed of trust or trust indenture conveying as security for such revenue bonds all or any part of the property of the commission from which the revenues or receipts so pledged may be derived.
Ala. Code § 41-9-85 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-85
Section 41-9-85 Short Title
Status: in_force

This division shall be known and may be cited as Lisa’s Law.
Ala. Code § 41-3-1 — Alabama Code / Title 41 / Chapter 3 / Section 41-3-1
Section 41-3-1 Reservation of Exclusive Right and Privilege of State to Explore, Excavate or Survey Aboriginal Mounds, Earthworks, Burial Sites, Etc.; State Ownership of Objects Found or Located Therein Declared
Status: in_force

The State of Alabama reserves to itself the exclusive right and privilege of exploring, excavating or surveying, through its authorized officers, agents, or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama, subject to the rights of the owner of the land upon which such antiquities are situated, for agricultural, domestic or industrial purposes, and the ownership of the state is hereby expressly declared in any and all objects whatsoever which may be found or located therein.
Ala. Code § 41-10-317 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-317
Section 41-10-317 Investment of Proceeds
Status: in_force

Any portion of the principal proceeds derived from the sale of the bonds which the board of directors of the authority 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 in such manner as the board of directors of the authority shall direct in any securities which are direct and general obligations of the United States of America or the principal of and interest on which are unconditionally and irrevocably guaranteed by the United States of America, or in certificates of deposit insured by an agency of the United States. Any such securities may, at anytime and from time to time on order of the authority, be sold or otherwise converted 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 § 41-4-184 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-184
Section 41-4-184 Color of Uniform to Be Worn by State Capitol Police Officers; Powers of Such Officers
Status: reserved

Repealed by Act 2003-363, §3, effective September 1, 2003.
Ala. Code § 41-16-58 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-58
Section 41-16-58 Bond for Faithful Performance of Contract May Be Required
Status: in_force

Bond in a responsible sum for faithful performance of the contract, with adequate surety, may be required in an amount specified in the advertisement for bids.
Ala. Code § 41-16-72 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-72
Section 41-16-72 Procurement of Professional Services
Status: reserved

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

Any other provision of law notwithstanding, the procurement of professional services by any agency, department, board, bureau, commission, authority, public corporation, or instrumentality of the State of Alabama shall be conducted through the following selection process:

(1)a. Except as otherwise provided herein, attorneys retained to represent the state in litigation shall be appointed by the Attorney General in consultation with the Governor from a listing of attorneys maintained by the Attorney General. All attorneys interested in representing the State of Alabama may apply and shall be included on the listing. The selection of the attorney or law firm shall be based upon the level of skill, experience, and expertise required in the litigation and the fees charged by the attorney or law firm shall be taken into consideration so that the State of Alabama receives the best representation for the funds paid. Fees shall be negotiated and approved by the Governor in consultation with the Attorney General. Maximum fees paid for legal representation that does not involve a contingency fee contract as defined in subparagraph f.1. of subdivision (1), may be established by executive order of the Governor.

Nothing in this article and nothing in Chapter 15 of Title 36 modifies or repeals the exclusive authority of the governing boards of the public institutions of higher education or public pension funds to direct and control litigation involving their respective universities or public pension fund and to employ and retain legal counsel of their own choice, consistent with their broad powers of management and control set forth in Chapters 47-56 of Title 16 and in the constitution, Chapter 25 of Title 16, and Chapter 27 of Title 36, respectively. Provided further, nothing in this article modifies or repeals the authority of the Attorney General to direct and control litigation involving the state or any agency, department, or instrumentality of the state, or the authority of the Governor to appear in civil cases in which the state is interested.

b. Attorneys retained by any state purchasing entity to render nonlitigation legal services shall be selected by such entity from a listing of attorneys maintained by the Legal Advisor to the Governor. All attorneys interested in representing any purchasing state entity may apply and shall be included on the listing. The selection of the attorney or law firm shall be based upon the level of skill, experience, and expertise required for the services, but the fees charged by the attorney or law firm shall be taken into consideration so that such state entity shall receive the best representation for the funds paid. Fees for such services shall be negotiated by the state entity requiring the services and shall be subject to the review and approval of the Governor or the Director of Finance when so designated by the Governor.

c. This article shall not apply to the appointment by a court of attorneys or experts.

d. This article shall not apply to the retention of experts by the state for the purposes of litigation, or avoidance of litigation.

e. Nothing in this article shall be construed as altering or amending the Governor’s authority to retain attorneys pursuant to Section 36-13-2, however, the Governor shall select such attorneys from three proposals received from attorneys included on the listing maintained by the Attorney General.

f. 1. For the purposes of this paragraph, the following terms shall have the following meanings:

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

(ii) Contracting Agency. The Governor, Attorney General, or director of a state agency, department, bureau, commission, authority, public corporation, or instrumentality of the State of Alabama that seeks to enter a contingency fee contract.

2. The state may not enter into a contingency fee contract with any attorney or law firm unless the contracting agency makes a written determination prior to entering into a contingency fee contract that contingency fee representation is both cost-effective and in the public interest. Any written determination shall include specific findings for each of the following factors:

(i) Whether there exists sufficient and appropriate legal and financial resources within the state to handle the matter without a contingency contract.

(ii) The expected time and labor required; the novelty, complexity, and difficulty of the questions involved; and the skill requisite to perform the attorney services properly.

(iii) The geographic area where the attorney services are to be provided.

(iv) The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney’s experience with similar issues or cases.

3. The state may not enter into a contingency fee contract that provides for the private attorney to receive an aggregate contingency fee calculated from the gross recovery resulting from a judgement or settlement in each action, exclusive of expenses, in excess of:

(i) Twenty-two percent of any recovery of up to ten million dollars ($10,000,000); plus

(ii) Twenty percent of any portion of such recovery between ten million dollars ($10,000,000) and twenty-five million dollars ($25,000,000); plus

(iii) Sixteen percent of any portion of such recovery between twenty-five million dollars ($25,000,000) and fifty million dollars ($50,000,000); plus

(iv) Twelve percent of any portion of such recovery between fifty million dollars ($50,000,000) and seventy-five million dollars ($75,000,000); plus

(v) Eight percent of any portion of such recovery between seventy-five million dollars ($75,000,000) and one hundred million dollars ($100,000,000); plus

(vi) Seven and one-tenth (7.1) percent of any portion of such recovery exceeding one hundred million dollars ($100,000,000).

(vii) The aggregate fee paid to contingency fee counsel shall not exceed seventy-five million dollars ($75,000,000) per action.

4. All litigation expenses incurred by the private attorney shall be paid or reimbursed upon approval on a monthly basis upon presentation of documentation of the expenses to the contracting agency.

5. The Attorney General may certify in writing to the Governor that, in the opinion of the Attorney General, an issue affecting the public health, safety, convenience, or economic welfare of the State of Alabama exists that justifies that the contingency fee limitations set forth in subparagraph 3 be suspended in the case of a particular contingency fee contract. Upon receipt of the written certification, the Governor, by the issuance of an Executive Order, may waive the limitations with respect to the specified contingency fee contract.

6. The state may not enter into a contract for contingency fee attorney services unless all of the following requirements are met throughout the contract period and any extensions thereof:

(i) A government attorney or attorneys retains complete control over the course and conduct of the case.

(ii) A government attorney with supervisory authority is personally involved in overseeing the litigation.

(iii) A government attorney or attorneys retains veto power over any decisions made by a private attorney.

(iv) After giving reasonable notice to the contingency fee counsel, any defendant that is the subject of the litigation may contact the lead government attorney or attorneys directly unless directed to do otherwise by the lead government attorney for the litigation matter. Contingency fee counsel shall have the right to participate in such discussions with the lead government attorney or attorneys unless, after consultation with contingency fee counsel, the lead government attorney agrees to such discussions without contingency fee counsel being present.

(v) A government attorney with supervisory authority for the case shall attend all settlement conferences.

(vi) Decisions regarding settlement of the case shall be reserved exclusively to the discretion of the government attorney or attorneys and the state.

7. The Attorney General shall develop a standard addendum to every contract for contingent fee attorney services that shall be used in all cases, describing in detail what is expected of both the contracted private attorney and the state, including, without limitation, the requirements listed in subparagraph 6.

8. Copies of any executed contingency fee contract and the contracting agency’s written determination to enter into a contingency fee contract with the private attorney and any payment of any contingency fees shall be posted online pursuant to Section 41-4-65(b).

9. Any private attorney under contract to provide services to the state on a contingency fee basis, from the inception of the contract until at least four years after the contract expires or is terminated, shall maintain detailed current records, including documentation of all time records, expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial transactions that concern the provision of the attorney services. The private attorney shall make all the records available for inspection and copying upon request by the Governor, Attorney General, or contracting agency. In addition, the private attorney shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the contract in increments not greater than 1/10 of an hour and shall promptly provide these records to the Governor, Attorney General, or contracting agency, upon request.

10. Any contingency fee paid to a private attorney or law firm shall be paid from the State Treasury from the funds recovered as a result of the contingent fee contract within thirty days of receipt thereof unless ordered to do otherwise by a court with jurisdiction over the litigation subject to the contingency contract.

(2) Physicians retained to provide medical services to the state shall be selected by the purchasing state entity from a list of qualified physicians maintained by the Alabama Medical Licensure Commission. All physicians interested in providing medical services to the State of Alabama may apply and shall be included on the listing.

(3) Professional services of architects, landscape architects, engineers, land surveyors, geoscience, and other similar professionals shall be procured in accordance with competitive, qualification-based selection policies and procedures. Selection shall be based on factors to be developed by the procuring state entity which may include, among others, the following:

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

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

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

d. Availability to and familiarity with the project locale.

e. Proposed project management techniques.

f. Ability and proven history in handling special project contracts. Notice of need for professional services shall be widely disseminated to the professional community in a full and open manner. Procuring state entities shall evaluate such professionals that respond to the notice of need based on such state entity’s qualification-based selection process criteria. Any such procuring state entity shall then make a good faith effort to negotiate a contract for professional services from the selected professional after first discussing and refining the scope of services for the project with such professional. Where the Building Commission has set a fee schedule for the professional services sought, fees shall not exceed the schedule without approval of the Director of the Building Commission and the Governor.

(4) The Director of Finance, through the Division of Purchasing of the Department of Finance, shall establish and maintain lists of professional service providers, other than those specifically named in this section, which may be required from time to time by any state agency, department, board, bureau, commission, authority, public corporation, or instrumentality. When such professional services are needed, the purchasing state entity shall solicit proposals from the professional service providers desiring to receive requests for proposals. The purchasing state entity shall select the professional service provider that best meets the needs of the purchasing entity as expressed in the request for proposals. Price shall be taken into consideration. In the event the fees paid to the selected professional service provider exceed by 10 percent the professional service fee offered by the lowest qualified proposal, the reasons for selecting a professional service provider must be stated in writing, signed by the director of the purchasing state entity, and made a part of the selection record.

(5) Contracts for professional services shall be limited only to that portion of a contract relating to the professional service provided. Goods purchased by the state in conjunction with the contract for professional services shall be purchased pursuant to Section 41-16-20.

(6) Should an emergency affecting the public health, safety, convenience, or the economic welfare of the State of Alabama so declared in writing under oath to the Governor and the Attorney General by the state entity requiring the professional services arise, the professional services required to alleviate the emergency situation may be procured from any qualified professional service provider without following the process or procedure required by this article.

(7) The process set forth herein for the selection of professional service providers shall not apply to the Legislature, the Alabama State Port Authority, or to colleges and universities governed by a board of trustees or by the Department of Postsecondary Education. The State Department of Education shall not be subject to the provisions of this article, requiring the process set forth herein for the selection of professional service providers, except for the future acquisition of professional services in support of computer technology on a statewide basis which exceeds the amount of expenditures set forth within this chapter. However, if a state agency or department is able to provide the necessary computer networking services, then the services shall be provided by the agency or department without being contracted to an outside provider. In the event the State Department of Education has intervened into the financial operations of a local board of education, the State Department of Education shall follow the provisions of law applicable to local boards of education for services related to the local board of education subject to intervention. The Alabama Medicaid Agency shall not be subject to the provisions of this article requiring the process set forth herein for 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.

(8) Under any contract letting process in this section, all requests for proposals from any state entity purchasing professional services shall be sent to all professional service providers regardless of race that have notified the state of their interest in receiving state business.

(9) Under any contract letting process in this section, all lists containing professional service providers and contractors for contracts under the provisions of this article shall seek the racial and ethnic diversity of the state.
Ala. Code § 41-23-210 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-210
Section 41-23-210 Short Title
Status: in_force

This article shall be known and may be cited as the Alabama Broadband Accessibility Act.
Ala. Code § 41-9-173 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-173
Section 41-9-173 Preparation and Offering by Director of Training and Assistance in Implementing Provisions of Division, Etc
Status: in_force

The director shall prepare and offer such training and assistance as the Construction Management Division of the Department of Finance deems necessary in implementing the provisions of this division and the standards herein established.
Ala. Code § 41-9-1083 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1083
Section 41-9-1083 Funding; Financial Statement
Status: in_force

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-283.
Ala. Code § 41-10-461 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-461
Section 41-10-461 Sale of Bonds
Status: in_force

Bonds may be sold by the authority from time to time in series, and if sold in more than one series may all be authorized in one initial resolution of the board of directors with the pledges therefor made in such initial resolution although some of the details applicable to each series may be specified in the respective resolutions under which the different series are issued; provided, however, that no bonds of the authority that are authorized under Act 98-245 shall be sold or counsel hired prior to February 1, 1999. Each series of the bonds may be sold at public or private sale, or via negotiation, as determined by the authority, at such price or prices as the authority shall determine, and, if sold at public sale either on sealed bids or at public auction, on a basis determined by the authority to enable it to effect the sale of the bonds being sold at the lowest true interest cost to the authority; provided, that if in the event of public sale of the bonds no bid acceptable to the authority is received it may reject all bids. The authority may fix the terms and conditions under which each such sale may be held; provided, that such terms and conditions shall not conflict with any of the requirements of this article. Approval by the Governor of the terms and conditions under which any of the bonds may be issued shall be requisite to their validity, which approval signed by the Governor shall be entered on the minutes of the respective meetings of the board of directors at which the series of the bonds proposed to be issued are authorized or sold.
Ala. Code § 41-10-823 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-823
Section 41-10-823 Rulemaking Authority
Status: in_force

The corporation may adopt rules as necessary to implement and administer this article.
Ala. Code § 41-10-44.2 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.2
Section 41-10-44.2 Additional Definitions
Status: in_force

In addition to the definitions contained in Sections 41-10-20 and 41-10-36, the following terms shall have the following meanings, respectively, when used in this Article 2A unless the context clearly requires otherwise:

(1) APPROVED COMPANY. Any corporation, partnership, trust or other form of business entity approved by the authority pursuant to the provisions hereof.

(2) FINANCING AGREEMENT. Any loan, agreement, financing agreement, credit agreement, security agreement, mortgage, guaranty agreement or other type of agreement entered into by the authority and an approved company in connection with the financing of a project by the authority.

(3) INDUSTRIAL or RESEARCH ENTERPRISE. Any trade or business described in 1987 Standard Industrial Classification Major Group 07, Major Groups 20 through 39, inclusive, 50 and 51, Industrial Group Number 737, and Industry Numbers 8731, 8733 and 8734, as set forth in the Standard Industrial Classification Manual published by the United States Government Office of Management and Budget, and includes such trades and businesses as the same may be hereafter reclassified in any subsequent publication of the Standard Industrial Classification Manual.

(4) JOB DEVELOPMENT FEE. The amount permitted to be withheld by an approved company from the gross wages of the employees at a project pursuant to the provisions of this article.

(5) MAJOR PROJECT. Any project the capital cost of which is expected to equal or exceed $100,000,000.

(6) PROJECT. Any land, building or other improvement, and all real and personal properties deemed necessary or useful in connection therewith, whether or not now in existence, which shall be located in the state and shall be acquired, constructed, expanded or installed for use by an approved company as an industrial or research enterprise.

(7) PROJECT COSTS. All costs and expenses incurred by the authority or an approved company in connection with the acquisition, construction, installation and equipping of a project, including, without limitation, each of the following:

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

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

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

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

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

f. Interest costs prior to and during the acquisition, construction, installation and equipment of the project and for a period of up to two years after completion of the project.

g. All costs, expenses and fees incurred in connection with the issuance of project obligations, including, without limitation, all legal, accounting, financial, printing, recording, filing, and other fees and expenses.

h. The costs for obtaining bond insurance, letters of credit or other forms of credit enhancement or liquidity facilities.

i. All other costs of a nature comparable to those described.

(8) PROJECT OBLIGATION. Any bond, note, debenture, certificate, or other form of indebtedness, including refunding bonds or obligations, issued by the authority pursuant to this Article 2A.

(9) TAX INCREMENT FUND. Any trust fund established pursuant to Section 41-10-44.8.
Ala. Code § 41-9-218 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-218
Section 41-9-218 Definitions
Status: in_force

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

(1) APPLICABLE PERCENTAGE. Zero percent for the first credit allowance date, 8.33 percent for the next six credit allowance dates, for the total of 50 percent.

(2) CREDIT ALLOWANCE DATE. With respect to any qualified equity investment, the date on which such investment is initially made and each of the six anniversary dates of that date thereafter.

(3) DEPARTMENT. The Department of Commerce.

(4) LONG-TERM DEBT SECURITY. Any debt instrument issued by a qualified community development entity, at par value or a premium, with an original maturity date of at least seven years from the date of its issuance, with no acceleration of repayment, amortization, or prepayment features prior to its original maturity date. The qualified community development entity that issues the debt instrument may not make cash interest payments on the debt instrument during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as defined by regulations adopted under Section 45D, Internal Revenue Code of 1986, as amended, of the qualified community development entity for that period prior to giving effect to the expense of such cash interest payments. The foregoing shall in no way limit the holder’s ability to accelerate payments on the debt instrument in situations where the issuer has defaulted on covenants designed to ensure compliance with this article or Section 45D of the Internal Revenue Code of 1986, as amended.

(5) PURCHASE PRICE. The amount paid to the issuer of a qualified equity investment for that qualified equity investment.

(6) QUALIFIED ACTIVE LOW-INCOME COMMUNITY BUSINESS. The same meaning given that term in Section 45D(d)(2) of the Internal Revenue Code of 1986, as amended. A business shall be considered a qualified active low-income community business for the duration of the qualified community development entity’s investment in, or loan to, the business if the entity reasonably expects, at the time the qualified community development entity makes the investment or loan, that the business may continue to satisfy the requirements for being a qualified active low-income community business throughout the entire period of the investment or loan.

(7) QUALIFIED COMMUNITY DEVELOPMENT ENTITY. The same meaning given that term in Section 45D of the Internal Revenue Code of 1986, as amended; provided, that the entity has entered into, or is controlled by an entity that has entered into, an allocation agreement with the Community Development Financial Institutions Fund of the U.S. Treasury Department with respect to credits authorized by Section 45D of the Internal Revenue Code of 1986, as amended, which includes the State of Alabama within the service area set forth in that allocation agreement. The term shall include affiliated entities and subordinate community development entities of any such qualified community development entity.

(8) QUALIFIED EQUITY INVESTMENT. Any equity investment in, or long-term debt security issued by, a qualified community development entity that does all of the following:

a. Is acquired after August 1, 2012, at its original issuance solely in exchange for cash.

b. Has at least 85 percent of its cash purchase price used by the issuer to make qualified low-income community investments in qualified active low-income community businesses located in the State of Alabama by the first anniversary of the issuance of the qualified equity investment.

c. Is designated by the issuer as a qualified equity investment under this article and is certified by the department as not exceeding the limitation contained in Section 41-9-219.2. This term includes any qualified equity investment that does not meet the provisions of paragraph a., if the investment was a qualified equity investment in the hands of a prior holder.

(9) QUALIFIED LOW-INCOME COMMUNITY INVESTMENT. Any capital or equity investment in, or loan to, any qualified active low-income community business. With respect to any one qualified active low-income community business, the maximum amount of qualified low-income community investments made in that business, on a collective basis with all of its affiliates that may be counted towards the satisfaction of subdivision (8), shall be ten million dollars ($10,000,000) whether issued by one or several qualified community development entities.

(10) TAX CREDIT. A credit against the state-distributed portion of the tax otherwise due under Section 27-4A-3, 27-3-29, 40-16-4, 40-18-5, or 40-18-31. A taxpayer claiming a credit against state premium tax liability earned through a qualified equity investment is not required to pay any additional retaliatory tax levied by law as a result of claiming that credit.

(11) TAXPAYER. Any individual or entity subject to the tax imposed in Section 27-4A-3, 27-3-29, 40-16-4, 40-18-5, or 40-18-31.
Ala. Code § 41-9-597 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-597
Section 41-9-597 Applicability of Rules and Regulations of State Personnel Merit System to Staff and Personnel Employed by Commission; Employment Conditions, Etc., of Employees of Agencies or Institutions Transferred to Center or Commission
Status: reserved

Repealed by Act 2019-495, §5, effective September 8, 2019.
Ala. Code § 41-4-94 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-94
Section 41-4-94 Emergency Appropriations
Status: in_force

To the end that all expenses of the state may be brought and kept within the budget, the budget appropriation bills shall contain a specific sum or sums as an emergency appropriation or appropriations. Such sum shall not, however, exceed two percent of the total amount appropriated by such bill. The manner of allotment of such emergency appropriation shall be as follows: Any department, board, bureau, commission, agency, office, or institution of the state or any person or persons in charge of any activity in which the state is interested, desiring an allotment out of such appropriation, shall present such request in writing to the Department of Finance with such information as it may require, and, such request shall be handled and allotments may be made pursuant thereto as in the case of regular allotments. Such allotments shall be made only for any purpose authorized by law for which no specific appropriation has been made or for which inadvertently an insufficient appropriation has been made.
Ala. Code § 41-6-50 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-50
Section 41-6-50 Establishment; Certain Gifts or Donations of Money to Be Deposited in State Treasury in Said Fund
Status: in_force

Whenever any gift or donation of money to the Department of Archives and History is in an amount not exceeding $100.00 or whenever the donor thereof, regardless of the amount of the gift, requests that such gift be used for a specified purpose and such purpose is a purpose approved by the board of trustees of such department and whenever the donor designates the gift as a memorial gift, such money shall be deposited in the State Treasury in a special fund designated “Memorial Fund - Department of Archives and History,” which fund is hereby established.
Ala. Code § 41-10-430 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-430
Section 41-10-430 Contracts and Obligations Not Debts of State
Status: in_force

All contracts made and obligations incurred by the authority shall be solely and exclusively obligations of the authority and shall not create debts of the State of Alabama.
Ala. Code § 41-16-163 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-163
Section 41-16-163 Governmental Entities May Not Require Companies, nor Penalize Them for Declining, to Engage in Economic Boycotts, Etc
Status: in_force

(a) No company in this state shall be required by a governmental entity to engage in economic boycotts, to establish or implement policies, procedures, guidelines, rules, reports, products, services, notices, disclosures, or rates or pricing; to provide or submit answers to surveys or other information requests or disclosures; to invest in or divest of certain securities, stocks, bonds, bills, partnerships, or other investment arrangements; or to initiate other corporate or business practices that further social, political, or ideological interests including, but not limited to, economic boycott criteria or other similarly oriented rating.

(b) No company in this state shall be penalized, have economic harm inflicted on it, have commercial relations limited, or have the activities of the company changed or limited by a governmental entity because the company will not engage in economic boycotts; will not establish or implement policies, procedures, guidelines, rules, reports, products, services, notices, disclosures, or rates or pricing; will not provide or submit answers to surveys or other information requests or disclosures; will not invest in or divest of certain securities, stocks, bonds, bills, partnerships, or other investment arrangements; or will not initiate other corporate or business practices that further social, political, or ideological interests including, but not limited to, economic boycott criteria or other similarly oriented rating.
Ala. Code § 41-9-710 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-710
Section 41-9-710 Powers and Duties
Status: in_force

It shall be the duty of the commission to study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs; to investigate relief needs of Indians of Alabama and to provide technical assistance in the preparation of plans for the alleviation of such needs; to confer with appropriate officials of local, state, and federal governments and agencies of those concerned with Indian affairs to encourage and implement coordination of applicable resources to meet the needs of Indians in Alabama; to cooperate with and secure the assistance of the local, state and federal governments or any agencies thereof in formulating any such programs, and to coordinate such programs with any program regarding Indian affairs adopted or planned by the federal government to the end that the Alabama Indian Affairs Commission secure the full benefit of such programs; provided, however, that such commission is hereby authorized to directly seek and receive from the federal government any grants, funds, or other benefits which may be available for Indians; to review all proposed or pending legislation and amendments to existing state legislation affecting Indians in Alabama; and to conduct public hearings on matters relating to Indian affairs.