Ala. Code § 41-10-541 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-541
Section 41-10-541 Definitions
Status: in_force

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

(1) APPROPRIATED FUNDS. Net TVA payments to the extent such payments are pledged and appropriated to the authority pursuant to Section 41-10-550.

(2) AUTHORITY. The public corporation organized pursuant to this division.

(3) AUTHORITY GUARANTY. An agreement of the authority pursuant to which the payment of debt service referable to bonds, notes, or other evidences of indebtedness of a development agency is guaranteed by the authority.

(4) AUTHORITY OBLIGATIONS. Bonds of the authority and authority guaranties.

(5) AUTHORITY-GUARANTEED OBLIGATIONS. Bonds, notes, or other evidences of indebtedness of a development agency that are issued solely for the purpose in financing a project and that are guaranteed, in whole or in part, by an authority guaranty.

(6) BONDS. Bonds of the authority issued for any authorized purpose.

(7) DEBT SERVICE. The principal of and interest (and premium, if any) on an obligation (including, without limitation, any principal required to be paid prior to its stated maturity) and any ongoing trustee or paying agent fees or fees of providers of credit enhancement or liquidity facilities.

(8) DEVELOPMENT AGENCY. A county, municipality, or industrial development authority organized under Chapter 92A of Title 11; an industrial development board organized under Article 4, Chapter 54 of Title 11, or the State Industrial Development Authority.

(9) DIRECTORS. The Board of Directors of the Alabama Incentives Financing Authority.

(10) ELIGIBLE INVESTMENTS. a. Bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof (which may consist of the principal thereof or the interest thereon); b. Bonds, debentures, notes, or other evidences of indebtedness issued by any of the following agencies: Bank of Cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks; Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; c. Bonds, notes, pass through securities, or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; d. Full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated as least “AA” by Standard & Poor’s Ratings Group and at least “Aa” by Moody’s Investor Service; e. Public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; f. Time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits (including interest thereon) are fully secured by a pledge of obligations described in paragraphs a., b., c., and e. above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100% collateralization or the “AA” collateral levels established by Standard & Poor’s Ratings Group for structured financing; g. Repurchase agreements for obligations of the type specified in paragraphs a., b., c., and e. above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a perfected security interest in such obligations, and which meet the greater of 100% collateralization or the “AA” collateral levels established by Standard & Poor’s Rating Group for structured financings; and h. Uncollateralized investment agreements with, or certificates of deposit issued by banks or bank holding companies, the senior long-term securities of which are rated at least “AA” by Standard & Poor’s Rating Group and at least “Aa” by Moody’s Investors Service.

(11) FINANCED PROPERTY. All property whether real, personal, or mixed, the costs of which were or are to be paid or reimbursed in whole or in part with the proceeds of bonds of the authority or the proceeds of authority-guaranteed obligations.

(12) FINANCING AGREEMENT. Any loan, lease, agreement, grant agreement, financing agreement, credit agreement, security agreement, mortgage, indenture, guaranty agreement, or other type of agreement entered into by the authority in connection with the incurring of authority obligations.

(13) FUNDING AGREEMENT. An agreement between the state and the authority under which the state shall agree to make funds available to the authority to be used for the payment, or to enhance the payment, of debt service on bonds issued by the authority; provided (i) such agreement shall have an initial term from the date of execution thereof through the September 30 immediately succeeding the date of execution, and shall be subject to renewal, at the sole option of the state, for successive terms of twelve (12) months each, each such term to coincide with the fiscal year of the state beginning on October 1 and continuing until and including the next succeeding September 30, and (ii) any obligation on the part of the state to pay amounts required to be paid during any fiscal year of the state under such agreement shall constitute a limited obligation of the state payable solely out of the revenues and receipts appropriated to and received by the state during the fiscal year of the state during which any such amount is to be payable.

(14) HEREIN, HEREBY, HEREUNDER, HEREOF, and OTHER EQUIVALENT WORDS. Refer to this division as an entirety and not solely to the particular section or portion thereof in which any such word is used.

(15) INDUSTRIAL OR RESEARCH ENTERPRISE. Any trade or business described in 1987 Standard Industrial Classification Major Groups 20 to 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 may be hereafter reclassified in any subsequent publication of the Standard Industrial Classification Manual.

(16) MAINTENANCE FUND. A fund established by resolution of the directors for the purpose of holding amounts directed by resolution of the authority to be maintained and used to pay the costs and expenses of acquiring, operating, and maintaining any project or other property owned, acquired or operated by the authority and to pay any other costs, expenses or obligations of the authority.

(17) NET TVA PAYMENTS. With respect to any fiscal year of the state, the in-lieu-of-taxes payments made by the Tennessee Valley Authority to and retained by the state during such fiscal year after distributions made pursuant to Section 40-28-2 and after compliance with Section 41-9-783.

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

(19) 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, that are or are to be located in the state and that have been or are to be acquired, constructed, expanded, or installed for use (i) by an industrial or research enterprise, (ii) by a manufacturing, aviation or transportation enterprise, (iii) by any enterprise engaged in manufacturing, processing, cultivating or assembling any agricultural or manufactured product, (iv) as a training facility, or (v) by any entity in promoting economic development or the recruitment of industrial, research, manufacturing, aviation or transportation prospects to the state.

(20) PROJECT COSTS. All costs and expenses incurred by the authority or any person in connection with the acquisition, construction, installation, and equipping of a project, including, without limitation, any 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 accruing with respect to bonds of the authority or authority-guaranteed obligations for a period of up to two years after the issuance of such bonds.

g. All costs, expenses, and fees incurred in connection with the issuance of authority obligations and authority-guaranteed 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. Amounts to be deposited in any reserve fund established with respect to such authority obligations or authority-guaranteed obligations.

j. All other costs of a nature comparable to or required in connection with those described.

k. Reimbursement to any person of any of the foregoing costs incurred by the person either for its own account, or for the account of the authority and without regard to when incurred.

(21) RESERVE FUND. Any fund or account established by the authority in which moneys are placed in reserve to be used to pay the principal of or interest on bonds issued by the authority in the event funds pledged for the payment of debt service on such bonds are insufficient to timely satisfy the payment requirements.

(22) STATE INDUSTRIAL DEVELOPMENT AUTHORITY. The public corporation created pursuant to Article 2, Chapter 10 of this title, as amended.

(23) TRAINING FACILITY. Any facility to be used for the purpose of providing vocational, technical, or other training for employees or prospective employees of any industry for the manufacturing, processing, cultivating, or assembling of any agricultural or manufactured product.

(24) TRAINING FACILITY MANAGEMENT FEES. Fees payable to any person as compensation for managing a training facility under a management agreement entered into pursuant to Section 41-10-551, including payments to be made to reimburse such person for the costs of operating and maintaining a training facility.

(b) The definitions set forth in this section shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 41-4-121 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-121
Section 41-4-121 Appointment of Chief Procurement Officer; Qualifications
Status: in_force

The Chief Procurement Officer shall be appointed by the Director of Finance with the approval of the Governor. The Chief Procurement Officer shall have relevant, recent experience in public procurement and shall be a person with demonstrated executive and organizational ability.
Ala. Code § 41-8-43 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-43
Section 41-8-43 Method of Obtaining Materials; Distribution
Status: in_force

(a) The state printer or the responsible state agency shall forward at the expense of the agency at least nine copies of every state publication to the clearinghouse. The clearinghouse shall distribute these copies as follows:

(1) Two to the Alabama Department of Archives and History for permanent retention in its historical collection.

(2) Two to the Library of Congress.

(3) Five to the Alabama Public Library Service to be distributed as follows:

a. One for its reference use.

b. Two for its circulation.

c. Two for reproduction by the Alabama Public Library Service for distribution to depositories.

(b) If the clearinghouse determines that a publication cannot be reproduced in a more suitable format for distribution, the state printer or the responsible state agency shall provide additional copies equal to the number of state publications depositories.

(c) When appropriate for distribution, the clearinghouse shall distribute one copy of every state publication to each state publications depository.

(d) The clearinghouse shall not engage in general public distribution of either state publications or lists of publications. This article shall not affect the existing distribution of state publications by state agencies, except that each state agency shall deposit in the clearinghouse the number of copies of each state publication published by it, certified by the clearinghouse.
Ala. Code § 41-9-652 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-652
Section 41-9-652 National Child Protection Act of 1993 Approved and Ratified; Execution and Administration of Compact
Status: in_force

(a) The Legislature approves and ratifies the National Child Protection Act of 1993, 42 U.S.C. §5119-5119(c), as amended, in order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes, including, but not limited to, background checks for the licensing and screening of employees and volunteers. The secretary shall execute the compact on behalf of the state. The secretary may delay the initial execution of the compact until funding is secured to establish the procedures and hire the necessary staff or contract for services to fulfill the requirements and responsibilities of this compact.

(b) ALEA is the repository of criminal history records for purposes of the compact and shall do all things necessary or incidental to carry out the compact.

(c) The secretary, or the secretary’s designee, is the compact officer of the state and shall administer the compact within the state. The commission may adopt rules and establish procedures for the cooperative exchange of criminal history records between the state and federal governments for use in noncriminal justice cases.

(d) The ratification by the state of the compact remains in effect until further action of the Legislature.

(e) This compact and this section do not affect or abridge the obligations and responsibilities of ALEA under other provisions of this article and do not alter or amend the manner, direct or otherwise, in which the public is afforded access to criminal history records under state law.

(f) All revenue received by ALEA through the exchange of information enabled through this compact shall be deposited into the State Treasury to the credit of the Public Safety Fund and shall be used to cover expenses for improving criminal history records and the state repository at ALEA.
Ala. Code § 41-6-10 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-10
Section 41-6-10 Transfer by Officials of Objects, Books, Records, Etc., to Department for Permanent Preservation
Status: in_force

Any state, county, or other official may turn over to the department for permanent preservation therein any objects, official books, records, documents, original papers, newspaper files, and printed books not in current use in the offices and that are determined by the Department of Archives and History to be of historical value. The Director of the Department of Archives and History shall develop guidelines and procedures for the appraisal and transfer of historical objects to the department from state, county, or other offices. Objects and other tangible items acquired for the historical collections of the Department of Archives and History shall be documented and maintained in accordance with an overall inventory control system for historical collections in the department as established by the director.
Ala. Code § 41-4-158 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-158
Section 41-4-158 Printing of Acts and Resolutions in Pamphlet Form - Order of Printing Acts; Size of Pamphlets; Required Heading
Status: reserved

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.
Ala. Code § 41-1-13 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-13
Section 41-1-13 Use of Central Bank Digital Currency
Status: in_force

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

(1) CENTRAL BANK DIGITAL CURRENCY. A digital currency, a digital medium of exchange, or a digital monetary unit of account issued by the United States Federal Reserve System or a federal agency which is made directly available to a consumer by such entities. The term includes a digital currency, a digital medium of exchange, or a digital monetary unit of account issued by the United States Federal Reserve System, a federal agency, or the World Bank which is processed or validated directly by such entities.

(2) GOVERNMENTAL AGENCY. Any board, commission, department, or other agency of the state or any political subdivision of the state.

(b) No governmental agency shall accept a payment using central bank digital currency.

(c) No governmental agency shall participate in any test of central bank digital currency by any Federal Reserve branch.
Ala. Code § 41-5A-23 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-23
Section 41-5A-23 Transfer of Powers, Functions, Property, Funds, Etc.; Officers and Employees; References to Prior Chapter 5
Status: reserved

(a) The Department of the Examiners of Public Accounts created by Section 41-5A-1 succeeds to and is vested with the powers, duties, and functions of the Department of Examiners of Public Accounts created under Chapter 5 of this title, which is repealed.

(b) The officers and employees of the Department of Examiners of Public Accounts created by Chapter 5 of this title shall be officers and employees of the Department of Examiners of Public Accounts created by Section 41-5A-1 without interruption of service or loss of benefits.

(c) The property, funds, and records of the Department of Examiners of Public Accounts created by Chapter 5 of this title, are transferred to the Department of Examiners of Public Accounts created by Section 41-5A-1.

(d) Any reference in any law to the Department of Examiners of Public Accounts under Chapter 5 of this title shall be deemed a reference to the Department of Examiners of Public Accounts created by Section 41-5A-1.
Ala. Code § 41-6A-4 — Alabama Code / Title 41 / Chapter 6A / Section 41-6A-4
Section 41-6A-4 Departmental Functions; Clearinghouse for Energy Data
Status: reserved

The programs and activities of the department shall include, but are not limited to, the following:

(1) To develop and promulgate a state energy policy;

(2) To report regularly to the Governor and annually to the Legislature on the programs and activities of the department and to recommend needed changes in law or administrative practice;

(3) To periodically assess state energy requirements, and to coordinate with the state geologists, the State Oil and Gas Board, and other parties and with appropriate governmental agencies in their determination of available energy supplies and their capacities and their development;

(4) To formulate and update annually a comprehensive state energy management program which shall identify alternative ways in which projected demands for all forms of energy may be met;

(5) To formulate and update annually a contingency plan to provide for adequate energy supplies during any energy shortages which may occur;

(6) To monitor existing programs relating to curtailment, allocation, conservation, planning, regulation and management of all forms of energy and energy sources; and to administer all other programs that are not otherwise provided by law;

(7) To serve as the state’s clearinghouse for energy data. The clearinghouse shall be developed with the coordination and cooperation of other governmental data collection and record keeping systems to provide for an inventory, and the cataloging, and dissemination of energy-related information. Upon the request of the director of the department, other governmental agencies, boards and commissions shall, to the fullest extent possible, exchange records, reports, material and other energy-related information in an effort to avoid unnecessary duplication. If the amount of data requested by the department places an unreasonable burden on another agency’s manpower or moneys, then the department shall monetarily reimburse such agency for its efforts;

(8) To ensure that all information of a proprietary nature shall remain confidential;

(9) To develop, conduct and disseminate educational and training programs as provided in Section 41-6A-5;

(10) (Repealed effective October 1, 2015) To assist and encourage the various state agencies and universities when applying for energy-related contracts with federal or regional agencies or other groups. This shall be accomplished in such a manner to support and encourage the individual entrepreneurship of the universities in obtaining separately sponsored research;

(11) To review with appropriate energy related agencies regulatory or revenue-producing practices for their impact on energy production and consumption, and to recommend appropriate changes or modifications which may improve the state’s energy position without harming its economic status;

(12) To constitute the responsible agency for administering and coordinating federal energy programs delegated to the state subsequent to the enactment of this chapter. Excluded are those programs currently delegated to other agencies, and those programs having objectives consistent with the jurisdiction of other agencies;

(13) To encourage, and coordinate research, development and demonstration activities in the energy areas;

(14) To apply for, when appropriate, and receive and administer federal and private grant funds which contribute to the programs and activities as set forth in this chapter;

(15) To enter into interstate agreements and contracts, when appropriate, to accomplish jointly with other states and the federal government energy research or planning which contribute to the purposes of the department; and

(16) To perform any other function necessary for implementation and enforcement of this chapter.
Ala. Code § 41-14A-4 — Alabama Code / Title 41 / Chapter 14A / Section 41-14A-4
Section 41-14A-4 Establishment of Security for Alabama Funds Enhancement Program; Powers and Duties of the State Treasurer Relating to the Program; Tax Exemption for Funds Maintained by State Treasurer Pursuant to Chapter
Status: in_force

There is hereby created the Security for Alabama Funds Enhancement (SAFE) Program. The SAFE Program shall be administered by the State Treasurer in accordance with the provisions of this chapter and rules, regulations, and guidelines established by the board of directors of the SAFE Program pursuant to Section 41-14A-6. The facilities and resources of the State Treasurer’s office shall be used and employed in the administration of the SAFE Program including the keeping of records and the management of funds and accounts.

In addition to all other powers and responsibilities assigned or undertaken by the State Treasurer under this chapter, the State Treasurer shall be authorized to undertake such powers and responsibilities as shall be delegated to the State Treasurer by the Board of Directors of the SAFE Program.

The Loss Payment Fund, the Program Administration Fund, the Program Enforcement Fund, and any other funds and accounts maintained by the State Treasurer pursuant to this chapter, and all interest and earnings from the investment thereof, shall be exempt from all taxation by the state and by all of its political subdivisions.
Ala. Code § 41-5A-13 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-13
Section 41-5A-13 Compilation and Distribution of Rules and Other Materials
Status: in_force

The chief examiner shall compile and make available for distribution both of the following:

(1) The rules of the department.

(2) Other materials as the chief examiner deems relevant and suitable for the effective administration of this chapter.
Ala. Code § 41-10-44.5 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.5
Section 41-10-44.5 Legislative Oversight of the Authority
Status: in_force

The criteria promulgated by the authority for the selection of approved companies shall be subject to prior approval by the Legislative Council. The Legislative Council shall approve or disapprove the general criteria proposed by the authority within 30 days after the submission of said criteria to the Legislative Council. The authority shall report quarterly to the Legislative Council on each project approved pursuant to such criteria, the amount of the financing provided to each approved company, the projected value of the tax incentives granted to each approved company and any other specific information requested by the Legislative Council.
Ala. Code § 41-10-725 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-725
Section 41-10-725 Alabama Construction Recruitment Institute - Powers
Status: in_force

The institute shall have the following powers:

(1) To design, implement, and amend a program or programs to provide for the recruitment of, and the promotion of training programs and opportunities for, new craft trade workers for the construction industry and the users of the construction industry.

(2) To educate the public about career opportunities as craft trade workers in the construction industry.

(3) To acquire, receive, and take title to, by purchase, gift, lease, license, devise, or otherwise, to hold, keep, improve, maintain, equip, furnish, develop, and to transfer, convey, donate, sell, lease, license, grant options to, assign, or otherwise dispose of property of every kind and character, real, personal, mixed, tangible and intangible, and any and every interest therein, to any person or entity.

(4) To accept gifts, grants, bequests, or devises of money and tangible and intangible property.

(5) To make and alter bylaws, not inconsistent with the provisions of this division or laws of the State of Alabama, for the administration and regulation of the affairs of the institute.

(6) To make, enter into, and execute contracts, agreements, leases, licenses, or other legal arrangements and to take such 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 this section.

(7) To engage in media advertising, marketing, website creation, website design, website maintenance, database creation, database design, database maintenance, data and information collection, and data and information dissemination and distribution, including the dissemination or distribution of data and information on potential construction workforce recruits, to the construction industry, users of the construction industry, and educational institutions, or other entities, as deemed necessary or appropriate by the institute in its sole discretion.

(8) To conduct surveys, studies, metrics, and other analyses of the construction industry and its potential workforce, and to disseminate or distribute the surveys, studies, metrics, and other analyses of the construction industry and its potential workforce to the construction industry, users of the construction industry, and educational institutions, or other entities, as deemed necessary or appropriate by the institute in its sole discretion.

(9) To incur ancillary costs, project costs, advertising costs, and recruitment costs and to pay these costs out of proceeds of the Recruitment and Training Promotion Fund.

(10) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for grants or other similar financial assistance in furtherance of the institute’s purpose and to accept and use the same upon the terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source.

(11) To employ and provide for the compensation of an executive director and staff and support personnel according to policies and procedures adopted by the institute. The executive director and the employees of the institute shall not be considered state employees; however, the director and employees may petition the Employees’ Retirement System and the State Employees’ Insurance Board for inclusion in these systems subject to terms and conditions of similarly situated persons who may petition for benefits from these entities. The Employees’ Retirement System may elect to provide retirement benefits and the State Employees’ Insurance Board may elect to provide health insurance benefits to the employees of the institute upon petition of the employees and subject to terms and conditions for similarly situated employees of other public entities.

(12) To hire accountants, attorneys, engineers, consultants, and other professionals as the board shall deem necessary for the conduct of the business of the institute.

(13) To provide grants to educational, governmental, nonprofit, community-based, workforce development, economic development, and other organizations and associations engaged in the education, recruitment, training, placement, and professional development of persons engaged in activities leading to the furtherance of careers in commercial and industrial construction in accordance with the purposes of the institute.

(14) To cooperate or partner, or both, with regional and national organizations promoting construction workforce development, including the sharing of non-monetary marketing and educational resources and databases, in furtherance of the purposes of the institute.

(15) To do all things necessary or convenient to carry out the powers and purposes conferred by this section.

(16) To exercise any and all powers permissible under state law not in conflict with the purposes of the institute.
Ala. Code § 41-22-19 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-19
Section 41-22-19 Grant, Denial, Renewal, Etc., of Licenses
Status: in_force

(a) The provisions of this chapter concerning contested cases shall apply to the grant, denial, revocation, suspension, or renewal of a license.

(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

(c) No revocation, suspension, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by certified mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license.

(d) If the agency finds that danger to the public health, safety, or welfare requires emergency suspension of a license and states in writing its reasons for that finding, it may proceed without hearing or upon any abbreviated hearing that it finds practicable to suspend the license. The suspension shall become effective immediately, unless otherwise stated therein. The suspension may be effective for a period of not longer than 120 days and shall not be renewable. An agency shall not suspend the same license for the same or a substantially similar emergency within one calendar year from its first suspension unless the agency clearly establishes that it could not reasonably be foreseen during the initial 120-day period that such emergency would continue or would likely reoccur during the next nine months. When such summary suspension is ordered, a formal suspension or revocation proceeding under subsection (c) of this section shall also be promptly instituted and acted upon.
Ala. Code § 41-9-943 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-943
Section 41-9-943 Creation; Qualification of Members; Vacancies; Chair; Meetings; Clerical and Legal Support
Status: in_force

There is created the Alabama Legislative Commission on Total Quality to be composed of 15 members, of whom four shall be black, appointed as follows: Four members appointed by the Governor, to serve an initial term of either one, two, three, or four years; four members appointed by the Presiding Officer of the Senate, to serve an initial term of either one, two, three, or four years; and four members appointed by the Speaker of the House of Representatives, to serve an initial term of either one, two, three, or four years. After the initial terms, all members shall serve four-year terms. The Governor, Presiding Officer of the Senate, and Speaker of the House of Representatives shall serve as ex officio members. Vacancies on the commission shall be filled by the original appointing authority. A member shall not serve more than one term as a commissioner. A chair and vice chair shall be selected from the membership. The chair and vice chair shall serve one-year terms and not be permitted to succeed themselves. The commission shall meet at least bimonthly at the call of the chair at any other time deemed appropriate by the commission. The Clerk of the House of Representatives and the Secretary of the Senate shall furnish such clerical assistance, and the Director of the Legislative Services Agency shall furnish such legal assistance as may be necessary for the work of the commission.
Ala. Code § 41-9-260 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-260
Section 41-9-260 Transfer to Commission of Certain Parts of Fort Morgan Military Reservation, Etc.; Development, Restoration, Etc., Thereof by Commission; Operation of Portion of Reservation Retained by Department of Conservation and Natural Resources
Status: in_force

All of that part of the Fort Morgan Military Reservation lying within the Fort Morgan Military Reservation conveyed from the United States of America to the State of Alabama by quitclaim deed executed May 26, 1927, and on which Fort Morgan itself is located, and also a certain part of the Fort Morgan Military Reservation conveyed by the United States of America to the State of Alabama by deed executed December 16, 1946, including all that area south of the outer south face of the east-west sea wall and west of the north-south sea wall, is hereby transferred to the Alabama Historical Commission. All other property, both real and personal, including structures and objects located on either of said tracts of land, owned by the Fort Morgan Historical Commission and all of its powers, authority and jurisdiction over said property are also hereby transferred to the Alabama Historical Commission, and any right, title or interest which the state Department of Conservation and Natural Resources has in the above described property is also hereby transferred to the Alabama Historical Commission.

Such commission shall have full authority to develop, renovate, restore, preserve, maintain, operate, exhibit, and publicize the above described properties in accordance with the powers and responsibilities of said Alabama Historical Commission.

Any right, title, or interest of the Department of Conservation and Natural Resources in all that part of the Fort Morgan Military Reservation not hereinabove transferred to the Alabama Historical Commission shall continue to be held by the state Department of Conservation and Natural Resources, and all such property may be used as a public park for recreation, such as camping, boating, fishing and any other purposes for which the Department of Conservation and Natural Resources is authorized to maintain and operate a public park. The paved road that runs south at the sea wall shall, however, be open for use by vehicles for ingress and egress to the beach, and the Department of Conservation and Natural Resources shall not prohibit camping on any part of the reservation under their jurisdiction and control.
Ala. Code § 41-10-44.13 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-44.13
Section 41-10-44.13 Exemption from Certain Taxes and Fees
Status: in_force

The income and property of the authority, all project obligations issued by the authority and the interest paid on any such project obligations, all conveyances by or to the authority, and all instruments by or 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 to the judge of probate of any county in respect of the recording of any document.
Ala. Code § 41-14-1 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-1
Section 41-14-1 Designation of State Depositaries
Status: in_force

The Governor may designate any bank or savings association which is a qualified public depositary under Chapter 14A of this title as a state depositary as provided in this article.
Ala. Code § 41-23-85 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-85
Section 41-23-85 Functions of Board and Division
Status: reserved

REPEALED BY ACT 2024-443, EFFECTIVE OCTOBER 1, 2024.

(a) The board shall exercise authority with respect to all matters pertaining to the acceptance and adoption, and implementation of the Alabama Energy and Residential Codes by the State of Alabama. In so doing, the board may perform any of the following functions:

(1) Review, amend, and adopt the Alabama Energy and Residential Codes. The board shall consider updates and changes to the codes referenced herein no less than two years after the date of publication of the most recent version of the codes.

(2) Evaluate, assess, advise, and counsel the division and the units of local government, on residential energy codes and the impact of those codes upon the economy and the environment.

(3) Solicit and enlist the cooperation of all appropriate private-sector and community-based organizations to implement the purpose of this article.

(4) Make recommendations to the division for the enactment of additional legislation as it deems necessary which proposes to further enhance the capabilities of the state and the units of local government in accepting, adopting, and implementing the Alabama Energy and Residential Codes, and in meeting the need for increasing residential energy resources and conservation due to trends in residential population and the change in technical requirements of the economy.

(5) Make continuing studies, on its own initiative or upon the request of the division, of the residential energy resources, conservation, and consumption needs throughout the state, and issue those reports to the division and to the units of local government as may result from its studies.

(6) Submit to the chief of the division, on an annual basis, a written report covering the activities of the board.

(7) Make rules and regulations for the conduct of its board meetings, procedures, and execution of the purpose, functions, powers, and duties delegated to it by this article.

(8) Conduct a program of public information in order to inform the units of local government and the citizens of the state on the importance of residential and energy codes, conservation, and consumption.

(9) Identify any and all resources needed or required for the board to implement the purpose, functions, powers, and duties of this article.

(b) The division shall be responsible for taking action upon any and all recommendations to which the board may from time to time submit.

(c)(1) Except as provided in this section, any code adopted by any state or county entity or agency after March 9, 2010, shall not conflict with the codes adopted by the board. A county entity or agency may elect to amend the Alabama Energy and Residential Codes as local conditions require, but shall not make any amendment to mandate residential fire sprinklers or to provisions which are mandated or required by any federal law or federal regulation.

(2) As of March 9, 2010, any municipality which does not have a code in effect adopted pursuant to Section 11-45-8 shall not adopt any energy or residential code other than the Alabama Energy and Residential Codes adopted by the board or any newer versions thereof. Provided, however, a municipality may elect to amend the Alabama Energy and Residential Codes as local conditions require, but shall not make any amendment to mandate residential fire sprinklers or to provisions which are mandated or required by any federal law or federal regulation.

(3) Except as provided in subsection (d), nothing contained in this article shall apply to any municipality with a code adopted pursuant to Section 11-45-8 in effect as of March 9, 2010, nor shall it prevent any such municipality from making any changes or amendments to existing codes after March 9, 2010. Provided, however, that a municipality shall not make any amendment to provisions which are mandated by any federal law or federal regulation.

(d) A municipal, county, or state governing entity or agency may not enact an ordinance, rule, bylaw, order, building code, or other legal device that would restrict a consumer’s ability to elect to install, by the consumer’s choice and for a fee, a residential fire sprinkler system in any new or existing one-family or two-family dwelling. A municipal, county, or state governing entity or agency may not enact an ordinance, rule, bylaw, order, building code, or other legal device that would require the installation of a residential fire sprinkler system in any new or existing one-family or two-family dwelling. Provided, however, all municipalities governed by subdivision (3) of subsection (c) which have enacted any ordinance, rule, bylaw, order, building code, or other legal device as of March 9, 2010, relating to the installation of a residential fire sprinkler system may continue to enforce or amend such ordinance, rule, bylaw, order, building code, or other legal device.
Ala. Code § 41-4-5 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-5
Section 41-4-5 Appointment of Employees; Officers and Employees Subject to Merit System
Status: in_force

The Director of Finance shall, subject to the provisions of the Merit System, have the right to appoint any employee in the department. All employees and officers of the Department of Finance, including the chiefs of divisions, except as otherwise provided for in this chapter, shall be subject to the Merit System.
Ala. Code § 41-10-143 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-143
Section 41-10-143 Bonds - Contracts to Secure Payment of Principal and Interest
Status: in_force

As security for payment of the principal and interest on bonds issued or obligations assumed by it, an authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation, leasing, and maintenance of any property and facilities owned or controlled and operated by it or under its authority or any part or parts thereof, for the imposition and collection of reasonable rates and rentals for and the promulgation of reasonable regulations respecting the use of property and facilities of the authority and any service furnished therefrom, for the disposition and application of its gross revenues or any part thereof and for any other act or series of acts not inconsistent with the provisions of this article for the protection of the bonds and other obligations being secured and the assurance that revenues from such property and facilities will be sufficient to cover the cost of all direct operation of such property and facilities by the authority and the maintenance in good condition of such property and facilities owned and controlled by the authority, the payment of the principal of and interest on any bonds payable from such revenues and the maintenance of such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such property and facilities, and the making of replacements thereof and capital improvements thereto. Any contract pursuant to the provisions of this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust and trust indenture made by an authority under this article.
Ala. Code § 41-4-370 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-370
Section 41-4-370 Division Created; Powers and Duties; Director
Status: in_force

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

(a) The functions, powers, and duties of the Division of Facilities Management shall be as follows:

(1) To provide for the supervision, repair, maintenance, operation, and cleaning of all buildings, facilities, and structures owned or leased by the state.

(2) To develop a statewide maintenance plan to address maintaining and increasing operational efficiency of state buildings through ongoing and preventive maintenance, addressing deferred maintenance, and increasing building efficiency.

(3) To develop and implement minimal standards for the maintenance, operations, cleaning, and upkeep of state buildings, facilities, and structures.

(4) To study, develop, and implement methods of increasing building efficiency through operations and maintenance and to require all agencies to assist in such activities.

(5) To contract with other agencies, corporations, entities, or individuals for maintenance and operations, preventive maintenance, sourcing of facilities maintenance goods and services, and facilities inspection programs and activities for any department, board, bureau, commission, agency, or office.

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

(b) The Division of Facilities Management shall be headed by and under the supervision, direction and control of an officer who shall be designated Director of Facilities Management. He or she shall be appointed, subject to the provisions of the state Merit Law, by the Director of Finance, with the approval of the Governor. The compensation of such officer shall be fixed in accordance with the pay plan of the state Merit System.
Ala. Code § 41-9-545 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-545
Section 41-9-545 Audit of Books; Operation of Governor’s Mansion Complex; Inventory; Governor’s Mansion Preservation Fund
Status: in_force

(a) The authority shall keep an account of all receipts and expenditures. Books of the authority shall be open to regular inspection and audit by the Department of Examiners of Public Accounts.

(b) The authority shall operate or provide for the operation of the Governor’s Mansion Complex in such a manner as to effectuate the purposes enumerated in this article.

(c) No furniture, equipment, art work, or other items related to the function and operation of the complex may be disposed of by sale or donation except where allowed by law relating to the disposal of broken or damaged state property. The authority shall maintain an inventory of every item associated with the complex, its functions and operations made available to the Department of Examiners of Public Accounts.

(d) There is established in the State Treasury a fund to be known as the Governor’s Mansion Preservation Fund into which shall be deposited all moneys received by the authority from fees, gifts, donations, grants, bequests, loans, governmental appropriations, or any other sources, either public or private. The funds shall be used for any purposes for which the authority is created, including the purposes set out in Section 36-13-6 for which expenditures from the Mansion Fund are authorized. Money deposited in this fund from any source other than state appropriations for operations shall not revert to the State General Fund, but shall remain in the preservation fund until expended by the authority.
Ala. Code § 41-9-261 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-261
Section 41-9-261 Designation of Commission as Agency Responsible for Restoration and Preservation of State Capitol; Powers and Duties
Status: reserved

(a) The primary restoration, planning, and preservation responsibility for the State Capitol of Alabama and its contiguous historic grounds, designated by the United States government as a national historic landmark, is hereby delegated to the Alabama Historical Commission.

(b) The Alabama Historical Commission is instructed to protect the historic and architectural integrity of this historic Greek revival masterpiece which served as the first Capitol of the Confederacy in 1861 and has served as the Capitol of Alabama for more than 120 years.

(c) The agencies of the State of Alabama charged with architectural, engineering, maintenance, and alteration responsibilities for the State Capitol shall submit plans and specifications to the Alabama Historical Commission which shall review them for the retention of the historic merit and architectural integrity of the landmark prior to any adaptive or construction activities.

(d) The commission shall be authorized and empowered to promote and preserve the historic character and architectural purity of the Capitol building and grounds and, to that end, it shall exercise its authority, control, and general supervisory jurisdiction over the Capitol grounds, including walkways and driveways, and over all public areas within the Capitol building, including the outer office of the executive suite. Such authority shall specifically include, but not be limited to, the corridors, rotundas, lobbies, entranceways, stairways, restrooms, porticos, steps, and elevators. The commission shall have no jurisdiction over the areas used for private office space, except as to structural modifications, but shall have jurisdiction over all areas specified in this section, and any and all changes contemplated, whether they be architectural in nature or merely the moving or replacement of furniture and furnishings, shall first require the approval of the commission.

With respect to the legislative chambers, legislative lounges, and legislative meeting rooms, the commission shall be authorized and empowered to advise and consult with the Clerk of the House and the Secretary of the Senate and the presiding officer, respectively, and to suggest and recommend changes and renovations within such spaces that would be appropriate and in keeping with the preservation of the historic value and architectural purity therein; provided, however, that no changes or renovations to the said chambers, lounges, or meeting rooms shall be undertaken or initiated without the approval of the Clerk of the House and the Secretary of the Senate and the presiding officer, respectively; provided further, that no changes or renovations to the Capitol building and grounds as defined in this section, other than the legislative chambers, legislative lounges, and legislative meeting rooms provided for in the preceding provisions of this sentence, shall be undertaken or initiated without the approval of the Governor.

(e) Nothing in this section shall be construed as to supersede any authority of the Division of Construction Management of the Department of Finance and, if so, that portion is expressly repealed.
Ala. Code § 41-9-492 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-492
Section 41-9-492 Members to Be Resident Citizens of State
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-4-411 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-411
Section 41-4-411 Craft Training Fund
Status: in_force

The Craft Training Fund is created for the benefit of the State of Alabama and its citizens and shall continue to exist as a special fund in the State Treasury and shall be funded with the construction industry craft training fees and administered solely in accordance with Section 41-4-412 and the decisions of the Craft Training Board. The revenue received by the fund shall be invested by the State Treasurer in permitted investments until the Craft Training Board uses money for the purposes established in that section. Earnings on permitted investments shall remain a part of the fund.
Ala. Code § 41-10-644 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-644
Section 41-10-644 Applicability
Status: in_force

Nothing in Act 2009-563 shall apply to anyone licensed by the Home Builders Licensure Board or any subcontractor working on any residential project falling under the jurisdiction of the Alabama Home Builders Licensure Board or those specifically exempted under the provisions of Title 34, Chapter 14A. Notwithstanding the foregoing, anyone licensed by the Alabama Home Builders Licensure Board or subcontractors working on any commercial or industrial project shall be subject to Act 2009-563.
Ala. Code § 41-10-37 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-37
Section 41-10-37 Allocation Procedure
Status: in_force

Allocations of the state ceiling shall be granted by the authority in response to applications filed with the authority by any issuer in the following manner:

(1) Each application shall be made by an instrument in writing signed by an officer or agent of the issuer and shall contain (i) the names and addresses of the issuer, the proposed lessee, purchaser, or user of the project to be financed (if applicable), and bond counsel, (ii) the maximum principal amount of affected bonds proposed to be issued, (iii) a brief description of the project to be financed, and (iv) a brief description of the affected bonds proposed to be issued, identifying such bonds as “Exempt Facility Bonds,” “Qualified Mortgage Bonds”, “Qualified Small Issue Bonds” (and if “Qualified Small Issue Bonds,” further indicating whether the project to be financed constitutes a “Manufacturing Facility”), “Qualified Student Loan Bonds,” or “Qualified Redevelopment Bonds.” In addition, a copy of any notification required by law to be filed with the Alabama Securities Commission in connection with the issuance of the bonds which are the subject of the application shall also be filed with the authority together with the application. All applications shall be mailed or otherwise delivered to the authority at such address and in such manner as may be specified by the authority.

(2) Each application and each request for an extension of an allocation shall be accompanied by an administrative fee in such amount as may be determined by the authority.

(3) All applications shall be processed and all allocations shall be made by the authority in accordance with the provisions of Section 41-10-38.

(4) Each allocation of state ceiling granted by the authority prior to December 1 of any calendar year shall expire upon the earlier of (i) 60 calendar days following the date of allocation, or (ii) midnight on November 30 of the calendar year in which the allocation is made, unless a notification confirming issuance of the bonds has been received by the authority as described in subdivision (5) below, subject to extension for such period as may be permitted at the discretion of the authority for good cause shown. Any application which has expired may be renewed by resubmission of a new application. Any allocation granted by the authority on or after December 1 of any year shall expire at such time as may be designated by the authority in such allocation. The foregoing provisions of this subdivision (4) shall not apply to carryforward allocation, which shall be effective for the period provided in Section 146(f)(3) of the code.

(5) Every allocation shall be subject to the condition subsequent that a notification confirming the issuance of bonds pursuant to such allocation must be received in the office of the president of the authority within such period of time following the date of issuance of the bonds as may be provided by the authority. The confirmation required hereby may be executed by any officer, representative, or agent of the issuer, by hand delivery, or by regular, certified or registered mail, and shall be effective upon receipt at the office of the president of the authority. Failure to provide a confirmation within the specified period shall authorize the authority to revoke the allocation for which the confirmation is required; provided, however, that the authority shall waive any such revocation upon a reasonable and timely showing of good cause for such failure or undue hardship that would be caused by the said revocation, and any such revocation shall be subject to review by a court of competent jurisdiction.

(6) On December 1 of each calendar year, any portion of the state ceiling previously allocated by the authority, for which a confirmation of issuance has not been received by the authority as required by subdivision (5) above shall revert to the authority, to be allocated along with any other portion of the state ceiling then available, to issuers of affected bonds at the discretion of the authority, subject to the duty of fairness and impartiality in the granting of allocations set forth in Section 41-10-40. Applications for allocations to be made during the month of December shall be submitted to the authority in the manner required in subdivisions (1) and (2) above.
Ala. Code § 41-1-14 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-14
Section 41-1-14 Authorization to Expend Public Funds for the Purpose of Carrying Out Statutory Duties
Status: in_force

An agency, department, board, bureau, commission, committee, institution, corporation, authority, or office of this state may expend public funds for the purchase of promotional items of nominal value for the purpose of carrying out its statutory duties, items to commemorate persons recognized for achievement or exceptional performance, and to purchase meals for staff during training or extended work sessions. Meals and other items provided pursuant to this section shall be limited to amounts that comply with United States Internal Revenue Service guidance on de minimis fringe benefits.
Ala. Code § 41-17-2 — Alabama Code / Title 41 / Chapter 17 / Section 41-17-2
Section 41-17-2 Purchase for or Assignment to State Officers or Employees of Passenger Automobiles
Status: reserved

Repealed by Act 2013-282, §2, effective October 1, 2014.
Ala. Code § 41-16-70 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-70
Section 41-16-70 Legislative Findings
Status: reserved

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

The Legislature finds and declares that the best interests of the taxpayers of Alabama are served when competition exists in the procurement of goods and services by state departments, boards, commissions, authorities, and instrumentalities of state government. Competitive bid requirements ensure that all citizens have the opportunity to compete for government procurements and it is imperative that officials charged with expending public funds conduct competitive processes which are open to all interested and qualified persons and businesses. In order to ensure fair and open competition in the procurement of goods and services, this article shall be liberally construed.
Ala. Code § 41-20-5 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-5
Section 41-20-5 Procedure for Review and Evaluation of Agencies - Commencement and Conclusion
Status: in_force

Legislative committee review of the enumerated agencies shall begin in the year prior to the scheduled regular legislative session next preceding the date upon which the enumerated agencies are scheduled to terminate pursuant to Section 41-20-3, and shall conclude with a recommendation for continuation, modification or termination on or before the first legislative day immediately following said review.
Ala. Code § 41-9-594.1 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-594.1
Section 41-9-594.1 Construction of Article
Status: in_force

Nothing in this article shall be interpreted to impair, or grant the authority to impair, a citizen’s access to records currently considered open to public inspection under Section 36-12-40, nor any record which is open for public inspection under Section 36-12-40, from sources other than an information system developed, operated, or maintained under Section 41-9-621. All records from an information system developed, operated, or maintained under Section 41-9-621, shall be deemed privileged.
Ala. Code § 41-10-174 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-174
Section 41-10-174 Meetings; Quorum; Organization and Procedure of the Authority; Official Seal; Election and Terms of Office of Chairman, Vice-Chairman, Secretary and Treasurer; Bonding Requirements for Treasurer
Status: in_force

(a) The authority shall hold an annual meeting at Blakeley each September on a day designated by the chair. Eleven members shall constitute a quorum for the transaction of business. Additional meetings may be held at such times and places within the state as may be necessary, desirable, or convenient, upon call of the chair or, in the case of his or her absence or incapacity, of the vice-chair or on the call of any 12 members of the authority.

(b) The authority shall determine and establish its own organization and procedure in accordance with the provisions of this article, and shall have an official seal.

(c) The authority shall elect its chair, its vice-chair, its secretary, and its treasurer, and such officers shall hold office for a period of two years or until a successor is elected. Neither the secretary nor the treasurer need be members of the authority. The authority may require that the treasurer thereof be bonded in an amount to be determined by the authority.
Ala. Code § 41-10-65 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-65
Section 41-10-65 Payment of Principal and Interest on Bonds and Maintenance of Records Pertaining Thereto by State Treasurer
Status: in_force

Out of the revenues referred to in Section 41-10-64, the State Treasurer is authorized and directed to pay the principal of and interest on the bonds issued by the authority under the provisions of this chapter as such principal and interest shall respectively mature, and he or she is further authorized and directed to set up and maintain appropriate records pertaining thereto.
Ala. Code § 41-4-324 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-324
Section 41-4-324 Indigent Defense Review Panel
Status: in_force

There is created the Indigent Defense Review Panel which shall consist of five members who each shall serve a three-year term. Two members shall be appointed by the President of the Alabama State Bar, one member shall be appointed by the President of the Alabama Circuit Judges Association, one member shall be appointed by the President of the District Judges Association, and one member who shall be the President of the Alabama Lawyers Association, or his or her designee. They shall serve staggered terms. The initial appointee by the President of the District Judges Association shall serve a one-year term and the initial appointee of the President of the Circuit Judges Association shall serve a two-year term. The appointees shall be members of the association for which the appointing authority serves as president. Any decision of the director relating to delivery of indigent defense services may be appealed to the Indigent Defense Review Panel. The Indigent Defense Review Panel shall make a decision in a timely manner, which decision shall be deemed final. The membership of the Indigent Defense Review Panel shall be inclusive and reflect the racial and gender diversity of the state.
Ala. Code § 41-9-206 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-206
Section 41-9-206 Powers, Duties, Etc., of Alabama Development Office Retained Except as to Federal Programs, Etc
Status: in_force

It specifically is the legislative intent to maintain and retain all of the powers, duties, responsibilities, personnel, property and assets of whatsoever nature, not involved in federal programs and federal grants and federal assistance, in the Alabama Development Office and in the Director of the Alabama Development Office, as the case may be, and that the Alabama Development Office shall retain all of its authority, powers, duties, responsibilities, and functions for industrial development.
Ala. Code § 41-16-62 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-62
Section 41-16-62 Provisions of Article Not Applicable to Certain Municipal Contracts
Status: in_force

The provisions of this article shall not be applicable to any contracts made by a municipality pursuant to the provisions of Act No. 4 adopted at the 1956 Second Special Session of the Legislature of Alabama, as amended, which relates to the promotion of trade by inducing commercial enterprises to locate in the state and which confers on municipalities having a population not exceeding 100,000 inhabitants, according to the last or any subsequent federal census, powers with respect to the acquisition, leasing and financing of projects suitable for use by certain commercial enterprises.
Ala. Code § 41-10-456 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-456
Section 41-10-456 Powers of Authority
Status: in_force

The authority shall have the following powers among others specified in this article: (1) to have succession by its corporate name until dissolved as provided in this article; (2) to sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties thereto; (3) to have and to use a corporate seal and to alter the same at pleasure; (4) to make and alter all needful bylaws, rules, and regulations for the transaction of the authority’s business and the control of its property and affairs; (5) to establish a fiscal year; (6) to provide for the construction, renovation, reconstruction, improvement, alteration, addition, demolition, equipment, operation and maintenance of public office building facilities (including the State Capitol), surfacing and resurfacing of land for parking and other uses to produce revenue and for the procurement of sites and equipment for such facilities; (7) to receive, take, and hold by sale, gift, lease, devise or otherwise, real and personal property of every description, and to manage the same; (8) to acquire by purchase, gift, or any other lawful means, and to transfer, convey, or cause to be conveyed to the state, any real, personal, or mixed property; (9) to borrow money and issue its bonds in evidence thereof subject to the provisions of this article; (10) to anticipate by the issuance of its bonds as hereinafter limited the receipt of the revenues from such public office buildings; (11) as security for the payment of the principal of and interest on its bonds, to enter into any lawful covenant and to pledge the revenues from such public office buildings; (12) to invest as hereinafter provided the proceeds from the sale of its bonds pending need therefor; (13) to make and enter into such contracts, leases, agreements, and other actions as may be necessary or desirable to accomplish any corporate purpose and to exercise any power necessary for the accomplishment of the purposes of the authority or incidental to the powers expressly set out herein; (14) to appoint and employ such attorneys, agents, advisors, independent contractors, and employees as may, in the judgment of the board of directors, be necessary or desirable; and (15) to contract, lease, and make lease arrangements as hereinafter provided for the use and occupation of all or any part of the public office buildings renovated, reconstructed, altered, added to, maintained, or improved by it, other than the State Capitol.
Ala. Code § 41-23-270 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-270
Section 41-23-270 Short Title
Status: in_force

This article shall be known and may be cited as the Connect Alabama Act of 2021.
Ala. Code § 41-9-721 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-721
Section 41-9-721 Meetings; Composition; Appointment, Terms, Etc., of Members; Expenses; Organization
Status: in_force

The board shall meet annually by the first day of March each year and at such other times as called either by the chair or upon petition for such meeting submitted by three or more members. The board shall be composed of seven Alabama residents, who shall serve for terms as herein prescribed until a successor is named or they are reappointed. Two members shall be appointed by the Governor of Alabama for terms of four years and six years, one shall be appointed by the trustees of the Southern Museum of Flight for a term of six years, and one each by the Mayors or chief executives of Mobile, Montgomery, Huntsville and Birmingham. The first members appointed by the Governor shall serve for a term of four years, and the first members appointed by the Mayors of Montgomery, Huntsville, Birmingham, and Mobile shall serve for four years. Members of the board shall not be compensated for their services, but may be reimbursed for expenses in attending meetings of the board. The board shall elect a chair from its members, and shall adopt bylaws to govern its organization and procedures.
Ala. Code § 41-10-365 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-365
Section 41-10-365 Sinking Fund for Payment of Principal and Interest on Bonds of Authority
Status: in_force

For the purpose of providing funds to enable the authority to pay at their respective maturities the principal of and interest on any bonds issued by it under the provisions of this article and to accomplish the objects of this article, there are hereby irrevocably pledged to such purpose and there are hereby appropriated so much as may be necessary for such purpose of (a) the receipts from the tax levied by Sections 40-25-2 and 40-25-41 and required to be distributed to the authority in accordance with the provisions of Section 40-25-23 and, (b) to the extent that the receipts from said tax shall be insufficient for such purpose, the receipts from the tax levied by Acts 1988, 1st Ex. Sess., No. 88-869, that are required to be distributed to the authority pursuant to the provisions of Acts 1988, 1st Ex. Sess., No. 88-869. All moneys hereby appropriated and pledged shall constitute a sinking fund for the purpose of paying the principal of (premium, if any) and the interest on the bonds herein authorized.
Ala. Code § 41-23-250 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-250
Section 41-23-250 Short Title
Status: in_force

This article shall be known as the “Alabama Innovation Act.”
Ala. Code § 41-29-362 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-362
Section 41-29-362 P-20w Council -- Creation; Composition; Duties
Status: in_force

(a) The council is established to govern the system.

(b) The appointing authorities shall coordinate their appointments to assure the council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The membership of the council shall consist of all of the following:

(1) The Governor, or his or her designee, who shall serve as chair of the council.

(2) Each partner entity head, or designee, who has signed a memorandum of understanding to share data with the system.

(3) The Chair of the House Ways and Means Education Committee.

(4) The Chair of the Senate Finance and Taxation Education Committee.

(5) The Chair of the Alabama Workforce Council.

(6) Up to four members of the public, who are experienced in education and workforce data and statistics, who shall be appointed by the Governor and serve at the pleasure of the Governor.

(c) The council shall perform all of the following duties:

(1) Develop a strategic plan.

(2) Oversee the development, adoption, and implementation of rules to govern the proceedings of the council, the office, and the system.

(3) Oversee compliance regarding the protection of data shared with the system.

(4) Develop a data governance and security plan for the system regarding the use, privacy, and security of data and publish the plan on the system website.

(5) Establish the research agenda for the system.

(6) Establish a process for proposing and approving requests for reports using data matched in the system.

(7) Establish policies for sharing aggregated data or reports with the public and external entities.

(8) Develop strategies for promoting the transparent operation of the system.

(9) Form standing and ad hoc committees and working groups from among its own membership to accomplish its duties.

(10) Prepare and provide an annual report to the Governor; Lieutenant Governor; Speaker of the House of Representatives; President Pro Tempore of the Senate; Chairs of the House Education Policy, Senate Education Policy, House Ways and Means Education, and Senate Finance and Taxation Education Committees; and the State Board of Education.
Ala. Code § 41-23-280 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-280
Section 41-23-280 Alabama Digital Expansion Finance Corporation
Status: in_force

(a) The Alabama Digital Expansion Finance Corporation is hereby created as a public corporation of the State of Alabama. The corporation shall have perpetual existence, subject to the provisions for dissolution of the corporation provided in this article. The corporation shall consist of the following members:

(1) The Governor, who shall be the chair.

(2) The Lieutenant Governor, who shall be the vice chair.

(3) The Director of Finance, who shall be the secretary.

(4) The Speaker of the House of Representatives.

(5) The President Pro Tempore of the Senate.

(6) The Chair of the Senate Finance and Taxation General Fund Committee.

(7) The Chair of the Senate Finance and Taxation Education Committee.

(8) The Chair of the House Ways and Means General Fund Committee.

(9) The Chair of the House Ways and Means Education Committee.

(10) The ranking minority member of one of the following committees, who is jointly appointed by the Minority Leader of the House of Representatives and the Minority Leader of the Senate: the Senate Finance and Taxation General Fund Committee, the Senate Finance and Taxation Education Committee, the House Ways and Means General Fund Committee, or the House Ways and Means Education Committee.

(b) Attendance by any six corporation members shall constitute a quorum to authorize the transaction of business.

(c) For purposes of this section, the following words shall have the following meanings:

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

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

(3) ELIGIBLE PROJECT. Includes any project that the corporation determines would expand, increase, or improve the availability of high-speed broadband networks, services, or technologies throughout the state and which qualify for funding under the statewide connectivity plan and its objectives as set forth by the division in subdivision (2) of Section 41-23-274.

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

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

1. Secured as provided in Chapter 14A of Title 41.

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 such 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 which is rated not less than “P-1” by Moody’s Investor 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 that 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 corporation or a paying agent or trustee for any of the corporation’s obligations and are held by the corporation, the paying agent, the trustee, or a third-party custodian acceptable to the corporation or, if held as collateral, are held by the corporation, the paying agent, the trustee, or a third-party custodian acceptable to the corporation 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 corporation, 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 are, at the time of the acquisition of any such investment or cash management agreement for the account of the corporation, rated by at least one nationally recognized securities rating agency in one of the three highest rating categories assigned by that rating agency.

(d) The corporation shall have all power necessary, useful, or appropriate to fund, operate, and administer the corporation, and to perform its other functions including, but not limited to, the following powers:

(1) Adopt, amend, and repeal bylaws not inconsistent with this article for the administration of the corporation’s affairs and the implementation of its functions.

(2) Sue and be sued.

(3) Have a seal and alter it at pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the corporation.

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

(5) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of planning and providing for any eligible project.

(6) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the corporation.

(7) Collect or authorize the paying agent or trustee under any resolution or trust indenture, as appropriate, securing any bonds to collect amounts due under any loan or funding obligations owned by the corporation, including taking the action required to obtain payment of any sums in default.

(8) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article.

(9) Expend funds to obtain accounting, management, legal, financial consulting, technical, and other professional services necessary to the operations of the corporation.

(10) Expend funds credited to the corporation as it deems necessary for the costs of administering the operations of the corporation.

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

(12) Appoint and employ attorneys, accountants, financial advisors, underwriters, trustees, depositories, registrars, fiscal agents, and other advisors, consultants, agents, and independent contractors as may be necessary or desirable.

(13) Do all other things necessary or convenient to carry out the purposes and powers conferred by this article.

(e) The corporation shall distribute funds received for the authority and the division to achieve the objectives of this article.

(f) The corporation shall comply with any competitive bid requirements in Article 2 of Chapter 16, and Chapter 2 of Title 39, and any requirements relating to the procurement of professional service providers in Section 41-16-72.

(g) The corporation is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay any taxes or assessments, whether state or local, upon its property or upon its operations or the income from them, or taxes or assessments upon property or loan obligations acquired or used by the corporation or upon the income from them.

(h) Neither the members nor any officer, employee, or committee of the corporation acting on behalf of it, while acting within the scope of authority granted by this article, is subject to any liability resulting from carrying out any of the powers given in this article as provided in Section 36-1-12.

(i) Money in funds or accounts of the corporation may be invested in permitted investments.

(j)(1) Whenever it shall become necessary that monies be raised for eligible projects, including monies to be used to refund any bonds then outstanding, the corporation may issue bonds in an aggregate principal amount not to exceed two hundred fifty million dollars ($250,000,000) in any fiscal year of the state, excluding bonds issued to refund other outstanding bonds of the corporation, as provided in this article.

(2) The corporation may pledge any of its revenues or funds, including, without limitation, revenues or funds appropriated to the corporation by the Legislature, to the payment of its bonds. Bonds may also be secured by a pledge of any loan obligation or funding agreement owned by the corporation, any grant, contribution, or guaranty from the United States, the state, or any corporation, association, institution, or person, any bond insurance, guarantees, letters of credit, or other forms of credit enhancement purchased or otherwise obtained by the corporation from any public or private entity, any other property or assets of the corporation, or a pledge of any money, income, or revenue of the corporation from any source.

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

a. The instrument is not a general obligation of the corporation, but is a limited obligation of the corporation payable solely from the revenue, money, or property of the corporation pledged therefor.

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

c. The corporation does not have taxing power.

(4) The bonds of the corporation must be authorized by a resolution of the corporation.

(5) The bonds shall bear the date and mature at the time which the resolution provides, except that no bond may mature more than 40 years from its date of issue.

(6) The bonds shall be in a form and shall be executed in a manner prescribed by the corporation. If any of the members or officers of the corporation cease to be members or officers before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the corporation prior to their issuance.

(7) The bonds may bear interest payable at a time and at a rate as determined by the corporation, including the determination by agents designated by the corporation under guidelines established by it.

(8) Bonds may be sold by the corporation at public or private sale at the price it determines and approves.

(9) Bonds may be secured by the provisions of a resolution or a trust indenture between the corporation and a paying agent or corporate trustee, as appropriate, which may be the State Treasurer or any bank having trust powers or any trust company doing business in this state. A resolution or trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the corporation in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The corporation may provide by the resolution or trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the corporation to the paying agent or trustee under the resolution or trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it.

(10) Any resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds and which include the following:

a. Pledging specific revenues of the corporation to secure the payment of the bonds.

b. Pledging specific assets of the corporation including, without limitation, loan obligations owned by it to secure the payment of the bonds.

c. The use and disposition of the gross income from, and payment of the principal of, and interest on loan obligations and funding agreements owned by the corporation.

d. The establishment of reserves, sinking funds, and other funds and accounts, and their regulation and disposition.

e. Limitations on the purposes to which the proceeds from the sale of the bonds may be applied, and limitations on pledging the proceeds to secure the payment of the bonds.

f. Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds.

g. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds, if any, the holders of which must consent thereto, and the manner in which any consent may be given.

h. Vesting in a trustee property, rights, powers, and duties as the corporation may determine, limiting or abrogating the right of bondholders to appoint a trustee, and limiting the rights, powers, and duties of the trustee.

i. Defining the acts or omissions which constitute a default, the obligations or duties of the corporation to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default.

j. Requiring the corporation or the trustee under the trust indenture to take any and all other action to obtain payment of all sums required to eliminate any default as to any principal of and interest on loan obligations and funding agreements owned by the corporation or held by a trustee, which may be authorized by the laws of this state.

k. Any other matter relating to the terms of the bonds or the security or protection of the holders of the bonds which may be considered appropriate.

(11) Any pledge made by the corporation to secure its obligations with respect to grants, bonds, or other financial assistance is valid and binding from the time the pledge is made. The revenue, money, or property pledged and received by the corporation is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice of the pledge.

(12) No recording or filing of the resolution authorizing the grant, the issuance of bonds or other financial assistance, the trust indenture or other financing agreement securing the grant, bonds or other financial assistance, or any other instrument including filings under the Uniform Commercial Code is necessary to create or perfect any pledge or security interest granted by the corporation to secure any grants, bonds, or other financial assistance.

(13) Any bonds issued by the corporation, the transfer of bonds, and the income from them, are free from taxation and assessment of every kind by the state and by the local governments and other political subdivisions of the state.

(14) The bonds issued by the corporation are legal investments in which all public officers or public bodies of the state, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations, and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the state, may invest funds in their control or belonging to them.

(15) The corporation shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event its members shall determine that sufficient provision has been made for the full payment of the expenses, grants, bonds, other financial assistance, and other obligations of the corporation, then any net earnings of the corporation thereafter accruing shall be paid to the Connect Alabama Fund.

(16) At any time when no bonds, other financial assistance, or other obligations of the corporation are outstanding, the corporation may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the members of the corporation and which shall be sworn to by each member before an officer authorized to take acknowledgments to deeds. Upon the filing of the application for dissolution, the corporation shall cease and any property owned by it at the time of its dissolution shall pass to the state. The Secretary of State shall file and record the application for dissolution, in an appropriate book of record in his or her office, and shall make and issue, under the Great Seal of the State, a certificate stating that the corporation is dissolved and shall record the certificate with the application for dissolution.
Ala. Code § 41-9-222 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-222
Section 41-9-222 Hobson Memorial Board Abolished; Powers, Etc., Transferred to Historical Commission
Status: in_force

The Richmond Pearson Hobson Memorial Board as established in Section 41-9-221 is abolished. All property, real and personal, under the management and control of the memorial board, including but not limited to “Magnolia Grove,” the Richmond Pearson Hobson home and lands located in Greensboro, Alabama, and all powers, authority, and jurisdiction over such property, are hereby transferred to the Alabama Historical Commission; and any right, title, or interest which the state has in the above described property is also transferred to the Alabama Historical Commission. The Alabama Historical Commission shall have full authority to develop, renovate, restore, preserve, maintain, operate, exhibit, and publicize such property in accordance with the powers and responsibilities of the Alabama Historical Commission.
Ala. Code § 41-9-358 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-358
Section 41-9-358 Exemption from Taxation of Commission and Income, Properties, Etc., Thereof
Status: in_force

The commission shall have a tax exempt status, and the properties of the commission and the income therefrom, all lease agreements and contracts made by it, all bonds issued by it and the coupons applicable thereto and the income therefrom and all indentures executed with respect thereto shall be forever exempt from any and all taxation by the State of Alabama and any political subdivision thereof, including, but not limited to, income, admission, amusement, excise, and ad valorem taxes.
Ala. Code § 41-27-12 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-12
Section 41-27-12 Collection and Compilation of Data Related to Incidents Involving Excessive Force by Law Enforcement Officers
Status: in_force

(a) The Legislature finds and declares the following:

(1) The preservation of human life is of the highest value in this state.

(2) It is of utmost importance that law enforcement agencies implement policies and practices to prohibit the use of unnecessary lethal force by law enforcement officers.

(3) Law enforcement officers should be properly trained to reduce the prevalence of incidents involving excessive force.

(b) Beginning on January 1, 2018, the Alabama Criminal Justice Information System shall collect data regarding any and all allegations of excessive force by state, county, and municipal law enforcement officers.

(c) The Alabama Criminal Justice Information System shall collect data for all incidents, including the race of the officer and the victim or victims, specific facts relating to the incident, whether the incident was subject to court action and final disposition of the court action, and the final determination of any local review of the incident.

(d) Using the data collected under subsection (c), the Alabama Criminal Justice Information System shall compile an annual report that shall be presented to the House Public Safety and Homeland Security Committee and the Senate Judiciary Committee.
Ala. Code § 41-9-951 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-951
Section 41-9-951 Members Not to Receive Pay; Reimbursement of Expenses Funded; Fee, Commission, Retainer, or Brokerage Unlawful; Conflict of Interest; Violations
Status: in_force

(a) No member of the commission shall receive pay for the discharge of his or her 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 programs and activities. All expenses are to be paid from the funds of the commission.

(b) It shall be unlawful for any member of the commission or any employee 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 shall have any interest in any land, materials, or contracts sold, made, or negotiated with the commission or with any member or employee acting in his or her capacity as a member or employee of the commission. Violation of any provision of this section shall be in accordance with the ethics law of the state.
Ala. Code § 41-9-328 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-328
Section 41-9-328 Appropriations by Counties and Municipalities
Status: in_force

The county commission of any county or governing body of any municipality in this state shall be authorized, by resolution duly adopted and recorded, to appropriate any available public funds not otherwise pledged to the use of any such commission.
Ala. Code § 41-29-350 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-350
Section 41-29-350 Short Title
Status: in_force

This division shall be known and may be cited as the Alabama Credential Quality and Transparency Act.
Ala. Code § 41-23-194 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-194
Section 41-23-194 Awarding of Funds; Goals
Status: in_force

(a) Activities funded by the trust fund shall be selected through a competitive process pursuant to rules adopted by the department with input from the advisory committee. In establishing criteria for the awarding of funds, the department shall address the transportation needs of the disabled, the elderly, and rural populations, consistent with the input of the advisory committee and the statewide public transportation needs assessment, and work toward the following goals:

(1) Increase safe and affordable public transportation options across the State of Alabama.

(2) Maintain and repair the existing fleet of public transportation options across Alabama, while acquiring new vehicles, as needed.

(3) Serve individuals and families living near urban fixed route public transportation systems, expand such routes, and improve service along the routes.

(4) Serve individuals and families living in rural Alabama and connect them to the goods and services that improve their quality of life and bolster their economic well-being.

(b) All transportation systems funded under this article must comply with the design standards of the Americans with Disabilities Act.
Ala. Code § 41-7-6 — Alabama Code / Title 41 / Chapter 7 / Section 41-7-6
Section 41-7-6 Alabama Medal of Honor Wall Established
Status: in_force

(a) It is the intent of the Legislature to recognize and honor those individuals who are accredited or associated by birth to the State of Alabama who, through their conspicuous bravery and gallantry during wartime, and at considerable risk to their own lives, were made recipients of the Medal of Honor. In doing so, these members of our armed forces brought great credit upon themselves, their military units, and the State of Alabama.

(b)(1) There is hereby established an Alabama Medal of Honor Wall to honor recipients of the Medal of Honor at each state welcome center. The department shall, in consultation with the American Legion, designate an appropriate area at each welcome center on the border of the state for the placement of the plaques on the wall.

(2) Each recipient of the Medal of Honor who is a native of the state and resided in the state for 10 years or more, whether deceased or living, shall have a plaque or similar designation approved by the Department of Veterans’ Affairs placed on the Medal of Honor Wall, which designation shall provide information regarding the Alabamian’s particular act of heroism as well as other information relating to the nature of the act.

(3) Verification of residency, dates of the receipt of the award, and other specific information pertaining to each recipient shall be the responsibility of the Department of Veterans’ Affairs, which shall certify eligibility for inclusion of individuals to be added to the Medal of Honor Wall.

(4) The cost of each Medal of Honor Wall shall be borne from annual appropriations from the Legislature to the department.
Ala. Code § 41-19-8 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-8
Section 41-19-8 Responsibilities of Legislature as to Consideration and Adoption of Program and Financial Plan, Etc. - Generally
Status: in_force

The Legislature shall:

(1) Consider the program and financial plan recommended by the Governor, including proposed goals and policies, tax rate and other revenue changes and long range program plans;

(2) Adopt programs and alternatives to the plan recommended by the Governor which it deems appropriate;

(3) Adopt legislation to authorize the implementation of a comprehensive program and financial plan; and

(4) Provide for a post audit of financial transactions, program accomplishments and execution of legislative policy direction.
Ala. Code § 41-4-176 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-176
Section 41-4-176 Resolution of Controversies
Status: in_force

Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit and its bidders, offerors, or contractors shall be resolved between the ordering public procurement unit and the supplying bidders, offerors, or contractors in accordance with Division 6.
Ala. Code § 41-10-523 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-523
Section 41-10-523 Exemption from Sunset Law
Status: in_force

The authority shall not be governed by the provisions of Chapter 20 of this title of the code (originally enacted as Act No. 512 of the 1976 Regular Session of the Legislature of Alabama).
Ala. Code § 41-15-12 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-12
Section 41-15-12 Appropriation for Payment of Excess Fire or Tornado Losses; Reimbursement
Status: in_force

There is hereby appropriated from the Treasury the sum of $100,000.00 to be available only in case the loss by fire or tornado in any year shall exceed the premiums collected under the provisions of this chapter, and then only in such amount as may be required in addition to the amount of funds on deposit in the State Insurance Fund at the time of said loss for the payment thereof, less the amounts set aside in this chapter for the purpose of administration of the provisions of this chapter.

The first surplus next thereafter accruing to such fund shall be used to reimburse the Treasury for any amount which may have been drawn therefrom under this appropriation.
Ala. Code § 41-9-340 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-340
Section 41-9-340 Creation; Composition; Qualifications, Appointment, Terms of Office and Removal of Members; Vacancies
Status: in_force

(a) There is hereby created a state commission to be known as the “USS Alabama Battleship Commission.” The membership of the commission shall consist of 18 competent and qualified citizens of Alabama. The members shall be appointed by the Governor, with at least three being residents of Mobile County and at least one being a resident of Baldwin County. The remaining members shall be appointed from throughout the state in a manner as to provide general statewide representation of the commission.

(b) The terms of the members of the commission shall be for eight years, with nine members appointed every four years.

(c) Any member of the commission may be removed by the Governor for cause, and vacancies in the commission shall be filled by the Governor by appointment of a competent and qualified person for the unexpired term.
Ala. Code § 41-4-58 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-58
Section 41-4-58 Issuance of Duplicate Warrants When Originals Lost
Status: in_force

The Comptroller must issue duplicate warrants upon the Treasury whenever he is satisfied that the original warrant has been destroyed or lost. The party holding the duplicate shall have the same right as if he or she held the original, and the Treasurer is authorized to pay the same.
Ala. Code § 41-16-2 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-2
Section 41-16-2 Limitation on Prosecutions for Violations of Competitive Bid Laws
Status: in_force

A prosecution for any offense in violation of the competitive bid laws of Articles 2 and 3 of this chapter must be commenced within six years after the commission of the offense.
Ala. Code § 41-23-192 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-192
Section 41-23-192 Legislative Findings
Status: in_force

The Legislature finds and declares the following:

(1) Alabama is in need of more safe and affordable public transportation options for residents and visitors.

(2) Inadequate and inefficient public transportation in Alabama adversely affects a community’s ability to develop and maintain a viable and stable economy.

(3) The establishment of the Alabama Public Transportation Trust Fund is intended to do all of the following:

a. Provide a flexible source of funding for all Alabama communities to address their public transportation needs.

b. Help families attain economic stability.

c. Connect people to work opportunities and meet other vital transportation needs.

d. Contribute to economic growth through increased employment in operating and maintaining public transportation infrastructure.

e. Increase tax revenue by improving the ability of people to access work and purchase goods and services, thereby benefiting all Alabama residents.

f. Alleviate deficiencies in the supply of safe and affordable public transportation for citizens of Alabama and visitors, many of whom are physically disabled, elderly, living with developmental disabilities, or otherwise unable to afford the costs of owning, maintaining, and properly insuring a vehicle.

g. Decrease the consequences of impaired and distracted driving by providing new opportunities for people to meet transportation needs without operating a motor vehicle.
Ala. Code § 41-29-5.1 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-5.1
Section 41-29-5.1 Workforce Development Division Renamed Industrial Development and Training Institute
Status: in_force

The Alabama Department of Commerce Workforce Development Division, as established by Section 41-29-5, is renamed the Alabama Industrial Development and Training Institute. The Code Commissioner shall conform references to the “Workforce Development Division” in Chapter 29 of Title 41 accordingly. The Code Commissioner shall also change references to the Deputy Secretary of Commerce of the Workforce Development Division in Chapter 29 of Title 41 to the Secretary of Commerce. These Code changes shall be made at a time determined to be appropriate by the Code Commissioner.
Ala. Code § 41-10-643 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-643
Section 41-10-643 Alabama Construction Recruitment Institute - Records
Status: in_force

Transferred to §41-10-726 by Act 2010-220, p. 365, §3, effective March 22, 2010.
Ala. Code § 41-5A-21 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-21
Section 41-5A-21 Officers to Keep Uniform Accounts
Status: in_force

Every state and county officer shall keep the books, records, and accounts and make the reports of his or her office in accordance with the systems, procedures, and forms as may be prescribed by the chief examiner pursuant to this chapter. Any officer who fails or willfully refuses to comply with this section shall be liable for a penalty of up to two hundred fifty dollars ($250) for each week the failure or refusal continues. Penalties imposed and collected under this section shall be paid into the General Fund.
Ala. Code § 41-9-165 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-165
Section 41-9-165 Enforcement of Building Code
Status: in_force

The Construction Management Division of the Department of Finance is empowered to provide adequate inspection service to insure compliance with the building code. Other agencies and instrumentalities of the state government are directed hereby to cooperate, as requested by the commission, in the enforcement of the building code. The commission may appoint, subject to the Merit System, such persons, including architectural and technical employees, as are necessary for the duties hereby imposed.
Ala. Code § 41-9-230 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-230
Section 41-9-230 Short Title
Status: in_force

This article shall be known and may be cited as the Alabama Memorial Preservation Act of 2017.
Ala. Code § 41-9-717 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-717
Section 41-9-717 Fiscal Records; Annual Audit; Bond of Certain Members, Etc., Required
Status: in_force

(a) Fiscal records shall be kept by the executive director or his/her designee, and will be subject to annual audit by the state examiner of public accounts. The audit report will become a part of the annual report.

(b) Commission members or employees of the commission who are responsible for receiving and disbursing commission funds shall be bonded in an amount satisfactory to the commission, but not less than $50,000.00.
Ala. Code § 41-10-622 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-622
Section 41-10-622 Definitions
Status: in_force

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

(1) APPROPRIATED FUNDS. The tobacco revenues deposited in the special fund to the extent such revenues are appropriated to the authority pursuant to Section 41-10-630.

(2) AUTHORITY. The Alabama 21st Century Authority authorized to be established pursuant to Section 41-10-623.

(3) BONDS. Those bonds, including refunding bonds, issued pursuant to this division.

(4) GOVERNMENT SECURITIES. Any bonds or other obligations which as the principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon.

(5) PERMITTED INVESTMENTS. (i) Government Securities; (ii) bonds, debentures, notes, or other evidences of indebtedness issued by any of the following agencies: Bank for Cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of the Government National Mortgage Association and participation certificates of the Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least “AA” by Standard & Poor’s Ratings Group and at least “Aa” by Moody’s Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits (including interest thereon) are fully secured by a pledge of obligations described in items (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard & Poor’s Ratings Group for structured financings; (vii) repurchase agreements for obligations of the type specified in items (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a perfected security interest in such obligations, and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard & Poor’s Ratings Group for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least “AA” by Standard & Poor’s Ratings Group and at least “Aa” by Moody’s Investors Service.

(6) REFUNDING BONDS. Those refunding bonds issued pursuant to this division.

(7) SPECIAL FUND. The Alabama 21st Century Fund established pursuant to Section 41-10-629.

(8) STATE. The State of Alabama.

(9) TOBACCO REVENUES. Revenues received by the state pursuant to any federal tobacco-related settlement, any tobacco-related appropriations made by the United States Congress to the State of Alabama, or any revenues received by the state from litigation against any tobacco-related industry.
Ala. Code § 41-10-173 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-173
Section 41-10-173 Charging, Receiving, or Obtaining of Fees, Etc., from the Authority by Members, Employees, Etc.; Interests Held by Members, Employees, Etc., in Land, Materials, or Contracts Sold To, Made With, Etc., the Authority
Status: in_force

It shall be unlawful for any member of the authority 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 authority, and no member of the authority or officer or employee thereof shall have any interest in any land, materials, or contracts sold to or made or negotiated with the authority or with any member or employee thereof acting in his or her capacity as a member or employee of such authority. 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 § 41-10-403 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-403
Section 41-10-403 Operation of Authority as Nonprofit Corporation
Status: in_force

The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any private person or entity.
Ala. Code § 41-9-69 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-69
Section 41-9-69 Determination of Agency, Commission, Etc., of State Inflicting Injury or Damage and Entry of Award for Payment of Damages Out of Funds Appropriated Thereto
Status: in_force

The Board of Adjustment in its findings of facts and its findings and awards as to the amount of payment may also find the agency, commission, board, institution, or department of the State of Alabama which inflicted the injury or damage complained of, if it finds there is injury or damage done to persons or property, and may adjudge and find that said damage shall be paid out of the appropriation made to the agency, commission, board, institution, or department of the State of Alabama whose employees, servants, agents, or instrumentalities inflicted the damages and injuries complained of; provided, that the Board of Adjustment may order the payment of any claim out of any fund or funds appropriated for the purposes of this division.
Ala. Code § 41-16-83 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-83
Section 41-16-83 Required Information
Status: in_force

(a) The information required on the disclosure statement shall include, but not be limited to, the following:

(1) A list of the names and addresses of any public official, public employee, and family members of the public official or public employee who may have a family relationship with the submitting person or his or her immediate family members or employees and who may directly personally benefit financially from the contract, proposal, request for proposal, invitation to bid, or grant proposal.

(2) A description of any financial benefit that may be knowingly gained by any public official, public employee, or family member of the public official or public employee which may result directly from the person or his or her immediate family members, or his or her employees.

(3) The names and addresses of any paid consultant or lobbyist for the contract, proposal, request for proposal, invitation to bid, or grant proposal.

(b) The State of Alabama shall not enter into any contract with or appropriate any public funds to any person that refuses to provide information required by this section.

(c) The information required on the disclosure statement shall be certified by the vendor or the grant recipient. The certification may be performed by electronic methods and must include all of the following:

(1) A representation that the individual who signs the document is authorized to sign on behalf of the vendor, if applicable.

(2) A declaration that the disclosure statement is given under the penalty of perjury in the jurisdiction in which it is executed.

(3) The date and place of execution.
Ala. Code § 41-15B-5 — Alabama Code / Title 41 / Chapter 15B / Section 41-15B-5
Section 41-15B-5 Budget Request Information
Status: in_force

The Alabama Children’s Policy Council, on the date and in the form and content prescribed by the Department of Finance, shall prepare and forward to the Governor’s Commissioner of Children’s Affairs, the budget request information required in subdivisions (1) to (6), inclusive, of subsection (a) of Section 41-19-6.
Ala. Code § 41-10-425 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-425
Section 41-10-425 Powers of the Authority
Status: in_force

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

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

(2) To institute or maintain legal proceedings in any court of competent jurisdiction to enforce its contractual, statutory and other rights;

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

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

(5) The authority may, from time to time, borrow an amount not to exceed $400,000.00, as may be needed, to acquire, hold title to real property, to prepare and construct facilities and to sell, convey, lease, leaseback, or rent and maintain that certain property located in the City of Montgomery, Montgomery County, Alabama, which is owned by and in the name and interest of the State of Alabama and the Real Estate Commission, and in evidence of the moneys so borrowed may issue its promissory notes or other acceptable security as required;

The principal and interest on its debt shall be paid by the authority solely from its revenues from any source whatsoever, when due as deemed by the authority to be in its best interests and upon terms of written agreement and as recorded in its minutes. It is specifically provided that the authority shall not issue its revenue bonds;

(6) To receive and accept from any source aid or contributions of money, property, labor, or other items of value for furtherance of any of its purposes subject to any limitations not inconsistent herewith or with the laws of this state pertaining to such contributions, including, but without limitation to, gifts or grants from any department, agency, or entity of the federal, state, or local government or business and industry;

(7) To procure such insurance and guarantees as the authority may deem advisable, including, but without limitation to, insurance and guarantees against any loss in connection with any of its property or assets, tangible or intangible, in such amounts and from such public or private entities as it may deem appropriate, and to pay premiums or other charges for such insurance or guarantees;

(8) To acquire by purchase, gift, or any other lawful means, and transfer, convey, or cause to be conveyed to the State of Alabama, any real, personal, or mixed property;

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

(10) To appoint and employ such attorneys, accountants, technical consultants, and other advisors, agents, and independent contractors as may in the judgment of the authority, be necessary or desirable; however, administrative support may be provided to the authority by the real estate commission;

(11) To make and enter into such contracts and agreements as may be necessary to provide technical personnel and services required for the implementation of this article; and

(12) To lease facilities to the state, the commission, or any other agency or instrumentality of the state designated to perform the activities of the commission.
Ala. Code § 41-8-44 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-44
Section 41-8-44 Designation of Agency Publication Officer; Duties
Status: in_force

(a) Every state agency shall designate one of its employees as the publications officer for the agency and notify the clearinghouse of the identity of the publications officer.

(b) Each publications officer shall provide the clearinghouse with nine or more copies of each state publication of the state agency that was not printed by a state printer. Each publications officer shall compile and forward required lists of the state publications of the agency to the clearinghouse and provide other related information as may be requested.
Ala. Code § 41-29-2 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-2
Section 41-29-2 Powers, Duties, and Functions of Department of Commerce
Status: in_force

(a) The Department of Commerce shall be the principal staff agency of the executive branch to plan with the other departments of state government and with other governmental units for the comprehensive development of the state’s human, economic and physical resources and their relevance for programs administered by the state and the governmental structure required to put such programs into effect. It shall provide information, assistance and staff support by all appropriate means. The Department of Commerce shall perform all the duties and exercise all the powers and authority relative to state regional and local planning and industrial development heretofore vested in the Alabama Development Office. All books, records, supplies, funds, equipment, and personnel of the Alabama Development Office are also hereby transferred to the Department of Commerce.

(b) All of the powers and authority heretofore vested in the Alabama Development Office and the Director of Development shall be vested in the Department of Commerce created by this chapter and the Secretary of Commerce, respectively. A reference in any provision of law to the Alabama Development Office or the Director of Development shall be deemed a reference to the Department of Commerce and Secretary of Commerce, respectively.

(c) Without in any way limiting the foregoing general powers and duties, the Department of Commerce shall have the following additional powers and duties:

(1) To formulate a long-range state comprehensive plan, to be submitted by the Governor to the Legislature for its consideration.

(2) To formulate, for approval by the Governor and the Legislature, long-range plans and policies for the orderly and coordinated growth of the state, including, but not limited to, functional plans.

(3) To prepare special reports and make available the results of the agency’s research, studies, and other activities through publications, memoranda, briefings, and expert testimony.

(4) To analyze the quality and quantity of services required for the continued orderly and long-range growth of the state, taking into consideration the relationship of activities, capabilities, and future plans of local units of government, area commissions, development districts, private enterprise, and the state and federal governments.

(5) To encourage the coordination of the planning and programming activities of all state departments, agencies, and institutions, local levels of government, and other public and private bodies within the state.

(6) To advise and consult with regional, county, and local planning and development agencies.

(7) To work with the state budget agency and other state departments, agencies, and institutions to study and review plans, programs and federal aid applications filed with the federal government.

(8) To survey, review, and appraise the accomplishments of state government in achieving its goals and objectives at the direction of the Governor and in cooperation with the state budget agency.

(9) To apply for and accept advances, loans, grants, contributions, and any other form of assistance from the federal government, the state or other public body, or from any sources, public or private, for the purposes of this article and to enter into and carry out contracts or agreements in connection therewith and to include in any contract for financial assistance with the federal government such conditions imposed pursuant to federal laws as it may deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter.

(10) To review and comment on all local and areawide applications for federal planning assistance or to delegate such authority to a regional planning and development commission.

(11) To exercise all other powers necessary and proper for the discharge of its duties, including the promulgation of reasonable rules and regulations.

(d) The Department of Commerce is hereby authorized to make grants from appropriations to regional planning and development commissions which are certified to receive such grants by the Governor under the provisions of Sections 11-85-50 through 11-85-55.
Ala. Code § 41-9-326 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-326
Section 41-9-326 Acquisition of Property; Borrowing of Money and Issuance of Revenue Bonds
Status: in_force

(a) The commission is authorized to take possession under a lease or a deed of the land and other property in the County of Tuscaloosa, known as “old Tannehill Furnace,” which is now owned by the University of Alabama, and the Board of Trustees of the University of Alabama is hereby authorized, in its discretion, to lease or to deed in fee simple such lands and appurtenances thereto to the commission. Such board of trustees may also sell, give, or lend any other relics of old-style iron making or other items appropriate for display along with or as a part of a display or exhibit of iron making. The commission is further authorized to lease, accept as a gift or loan, or otherwise acquire any other property, real or personal, including gifts or bequests of money or other things of value to be used in fulfilling the purpose for which it is established, or for any auxiliary purpose incidental or appropriate thereto.

(b) The commission is also authorized to borrow money and issue revenue bonds in evidence thereof, but no such bonds shall be general obligations of the State of Alabama or any agency or any political subdivision thereof. Nor shall such commission pledge to the payment of any such loans the land, buildings, exhibits, or other appurtenances thereto. It may, however, pledge to the repayment thereof the proceeds derived from admission fees or charges or other fees or charges made in connection with such park or historical site.
Ala. Code § 41-22-21 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-21
Section 41-22-21 Appeal of Final Judgment of Circuit Court Under Section 41-22-20
Status: in_force

An aggrieved party may obtain a review of any final judgment of the circuit court under Section 41-22-20 by appeal to the appropriate court to which the appeal or review lies. The appeal shall be taken within 42 days of the date of the entry of the judgment or order appealed from as in other civil cases, although the appeal may be taken regardless of the amount involved.
Ala. Code § 41-16-85 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-85
Section 41-16-85 Filing of Disclosure Statement; Public Records
Status: in_force

(a) A copy of the disclosure statement shall be filed as required by this article, retained as required by the State Records Commission, and made available for review for audit purposes by the Department of Examiners of Public Accounts or other auditing authority. If the disclosure pertains to a state contract that must be submitted to the Contract Review Permanent Legislative Oversight Committee pursuant to Article 3 of Chapter 2 of Title 29, a copy must be submitted to the committee.

(b) Any disclosure statement filed pursuant to this article shall be a public record.
Ala. Code § 41-22-22.1 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-22.1
Section 41-22-22.1 Review of Board and Commission Rules and Actions by Legislative Services Agency, Legal Division, and Joint Committee on Administrative Rule Review; Fees
Status: in_force

(a) The Legislative Services Agency, Legal Division, shall review each rule certified to it by a state board or commission that regulates a profession, a controlling number of the members of which are active market participants in the profession, to determine whether the rule may significantly lessen competition and, if so, whether the rule was made pursuant to a clearly articulated state policy to displace competition.

(b) If the Legislative Services Agency, Legal Division, determines that a rule subject to subsection (a) may significantly lessen competition, it shall determine whether the rule was made pursuant to a clearly articulated state policy to displace competition, and shall certify those determinations to the committee. The board or commission shall submit a position paper, a transcript of any public hearings regarding the rule, and any other material collected during the consideration of the rule by the board or commission to accompany the rule as it is submitted to the committee. Upon receipt of a certification under this subsection, the chair of the committee shall call a meeting of the committee to review the substance of the rule, determine whether the rule may significantly lessen competition, and if so, whether it was made pursuant to a clearly articulated state policy to displace competition. The committee shall approve, disapprove, disapprove with a suggested amendment, or allow the agency to withdraw the rule for revision. The committee shall conduct public hearings and shall allow public comment during its consideration of the rule. If the committee approves the rule, it shall issue a written statement explaining its rationale for approving the rule. If the committee fails to act on a rule certified to it pursuant to this subsection, the rule shall not become effective and shall be placed on the agenda of the committee at each subsequent meeting until the committee disposes of the rule.

(c) A state board or commission that regulates a profession, a controlling number of the members of which are active market participants in the profession, may submit a previously adopted rule, along with a position paper, a transcript of any public hearings regarding the rule, and any other material collected during the consideration of the rule, to the Legislative Services Agency, Legal Division, for a determination of whether the previously adopted rule may significantly lessen competition and whether the rule was made pursuant to a clearly articulated state policy to displace competition. If the Legislative Services Agency, Legal Division, makes those determinations, it shall notify the board or commission and certify the determinations to the committee. Upon receipt of a certification under this subsection, the chair of the committee shall call a meeting of the committee to review the substance of the rule and either approve the rule or notify the board or commission that it agrees with the determination of the Legislative Services Agency, Legal Division. If the committee approves the rule, it shall issue a written statement explaining its rationale for approving the rule. The committee shall take action on a rule submitted under this subsection within 45 days of publication of the notice of its certification in the Alabama Administrative Monthly.

(d) The Legislative Services Agency, Legal Division, shall review each proposed action submitted to it by a state board or commission that regulates a profession, a controlling number of the members of which are active market participants in the profession, to determine whether the action proposed may significantly lessen competition and, if so, whether the action was proposed pursuant to a clearly articulated state policy to displace competition.

(e) If the Legislative Services Agency, Legal Division, determines that an action subject to subsection (d) may significantly lessen competition, it shall determine whether the action was proposed pursuant to a clearly articulated state policy to displace competition, and shall certify those determinations to the committee. The board or commission shall submit a position paper, a transcript of any public hearings regarding the action, and any other material collected during the consideration of the action by the board or commission to accompany the action as it is submitted to the committee. Upon receipt of a certification under this subsection, the chair of the committee shall call a meeting of the committee to review the substance of the action, determine whether the action may lessen or has significantly lessened competition and, if so, whether it was proposed pursuant to a clearly articulated state policy to displace competition. The committee shall approve, disapprove, or propose a modification of a proposed action. The committee may conduct public hearings and solicit public comment during its consideration of the action. When the committee approves, disapproves, or proposes a modification of the action, it shall issue a written statement explaining its rationale. If the committee fails to act on an action certified to it pursuant to subsection (d), the action shall be placed on the agenda of the committee at each subsequent meeting until the committee acts on the certified action. Due to the timely nature of actions, the certified actions shall be given priority in the work of the committee.

(f) In addition to the fee levied under Section 41-22-7(i), the Legislative Services Agency, Legal Division, shall charge a board or commission that is subject to subsection (a), which submits a previously adopted rule to the Legislative Services Agency, Legal Division, under subsection (c), or which submits a proposed action under subsection (d), a fee in the amount necessary to recover the costs of the Legislative Services Agency, Legal Division, in complying with this section.
Ala. Code § 41-9-290 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-290
Section 41-9-290 Short Title
Status: in_force

This division shall be known as and may be cited as the “Alabama Underwater Cultural Resources Act.”
Ala. Code § 41-9-955 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-955
Section 41-9-955 Laborers, Artisans, Caretakers, Technicians, Stenographers, Administrative Employees, and Supervisory and Professional Personnel; Benefits
Status: in_force

The commission may hire or may delegate to the executive director the authority to hire laborers, artisans, caretakers, technicians, stenographers, administrative employees, and supervisory and professional personnel as may be necessary or advisable for the carrying out in the most efficient and beneficial manner the purposes and provisions of this article; and may at its discretion offer to its employees any benefits offered to employees of the State of Alabama.
Ala. Code § 41-9-252 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-252
Section 41-9-252 Cahawba Historical Site - Advisory Committee
Status: in_force

(a)(1) There is established an advisory committee to be known as the Cahawba Advisory Committee, composed of 16 members, 15 of whom shall be appointed by the Governor. The Judge of Probate of Dallas County shall be the sixteenth member but shall be a member ex officio and shall not be entitled to a vote on the advisory committee. The members shall serve for terms of seven years each, and the judge of probate shall serve throughout his or her term of office. Members of the advisory committee shall be appointed so that each congressional district is represented by one appointed member on the advisory committee; except, that the congressional district in which Cahawba is situated shall be represented by eight appointed members, five of whom shall be residents of Dallas County and three of whom shall be from some other county in the congressional district. The membership of the advisory committee shall reflect the racial, ethnic, gender, urban/rural, and economic diversity of the state.

(2) The chair shall establish and maintain a bank account on behalf of the advisory committee and draw warrants for any lawful expenditures.

(3) The advisory committee shall advise the Alabama Historical Commission regarding the restoration and the development of the Old Cahawba Capital Site.

(4) The advisory committee shall chose biennially one of its members as chair, one as vice chair, and one as secretary-treasurer.

(5) Advisory committee members shall receive a per diem compensation sum to be fixed by the advisory committee, but the sum shall not be less than one hundred fifty dollars ($150), for attending official meetings of the advisory committee. The chair may approve the payment for an advisory committee member authorized to perform official duties at other times. Advisory committee members shall receive per diem allowance and travel expenses incurred in attending official meetings or in performing any actual service under the direction of the advisory committee and shall be paid in accordance with Article 2, commencing with Section 36-7-20, of Chapter 7 of Title 36, after approval by the chair.

(6) The secretary-treasurer shall receive such compensation as may be fixed by the advisory committee, which shall be in addition to his or her per diem compensation and payments made under Article 2, commencing with Section 36-7-20, of Chapter 7 of Title 36. The secretary-treasurer shall be paid a sum for clerical expenses fixed by the advisory committee.

(b) The chair of the advisory committee, with the approval of a majority of the committee members, may appoint an executive director. The executive director shall not be a member of the state classified service.

(c) The executive director shall be compensated by a salary payable from any funds available to the advisory committee. The exact amount of the executive director’s salary shall be set by the advisory committee, but in no event shall the salary be less than 60 percent nor more than 75 percent of the amount set as the standard compensation for cabinet level officials of the state.

(d) The executive director may hire an assistant director and such staff, at the pleasure of the executive director, as deemed necessary, with the approval of the advisory committee, but without regard to the state Merit System. The advisory committee shall approve all staff members hired and their job descriptions, and shall set the rate of pay or compensation due the assistant director and other staff.

(e) The advisory committee may permit any employee of the advisory committee to be treated as a state employee for the purpose of participating in any insurance programs and other fringe benefits provided other nonclassified state employees.

(f) It is the duty of the advisory committee, acting through its executive director, assistant director, and staff to perform the following duties:

(1) To provide statewide public awareness, public information, and education services regarding the Old Cahawba Capital Site.

(2) To solicit, collect, and receive funds from the public and private sectors for the support, maintenance, and preservation of the Old Cahawba Capital Site.

(3) To promote and encourage public and private efforts to benefit the Old Cahawba Capital Site project.

(4) To appropriate and expend funds, make grants, contract, cooperate financially or otherwise with the Alabama Historical Commission, Dallas County, and any historical organization, nonprofit corporation, or governmental agency to acquire, establish, maintain, reconstruct, and preserve historical sites in and around Alabama’s first permanent Capital at Cahawba, as may be deemed beneficial by the Alabama Historical Commission.

(5) To acquire title, possession, or control of properties and also objects of historic interest associated with or representative of the era of the Old Cahawba Capital Site, but only those located beyond the Old Cahawba Capital Site.

(6) To make grants to the Alabama Historical Commission, Dallas County, and any historical organization, nonprofit corporation, or governmental agency to acquire title, possession, or control of properties or for their preservation, maintenance, reconstruction in, or relocation to Alabama’s first permanent Capital at Cahawba.

(7) To lease, gift, sell, or otherwise dispose of any surplus, duplicate, or unused properties.

(g) The executive director, assistant director, and staff shall perform those duties required by the advisory committee necessary to implement this section.
Ala. Code § 41-9-655.02 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-655.02
Section 41-9-655.02 Civil Asset Forfeiture Funds or Monies
Status: in_force

(a) Civil asset forfeiture funds or monies are to be maintained consistent with any restrictions set out in the forfeiture laws.

(1) All civil asset forfeiture funds or monies derived from the liquidation of civil asset forfeiture funds shall be kept on a separate line item in the budget of any agency that may be awarded the asset funds.

(2) Any expenditure of any monies by a law enforcement-related entity from an award of a civil asset forfeiture may only be expended from a line item pursuant to subdivision (1).

(b) All civil asset forfeiture proceeds awarded to any state, county, or municipal entity may only be deposited into an account that is audited as other public funds under state law.
Ala. Code § 41-15C-1 — Alabama Code / Title 41 / Chapter 15C / Section 41-15C-1
Section 41-15C-1 Creation; Funding and Distribution
Status: in_force

(a) There is hereby created the Alabama Senior Services Trust Fund as a separate fund in the State Treasury. The trust fund shall be administered by the Secretary/Treasurer of the Retirement Systems of Alabama, which shall be entitled to a reasonable fee for the administration. All investments shall be made pursuant to the same authority and restrictions that apply to the investment of funds of the Retirement Systems of Alabama.

(b) Funding to the Alabama Senior Services Trust Fund shall be from the distribution of tobacco settlement proceeds as enacted in Division 1 of Article 17 of Chapter 10 of this title. Distributions to the trust fund shall be made each fiscal year that the state receives proceeds from the tobacco settlement.

(c) Earnings in the trust fund shall not be subject to appropriation until the Legislature includes an appropriation in the general appropriations act from the trust fund to the Department of Senior Services or its successor. Appropriations by the Legislature from the trust fund to the Department of Senior Services or its successor shall equal 85 percent of the earnings of the prior year and shall be utilized to acquire maximum federal dollars available to be used to provide benefits and services to Alabama’s elderly. The remaining 15 percent of the earnings shall be retained in the trust fund and reinvested as other monies are invested in the trust fund.

(d) Any funds appropriated pursuant to this section shall be additional funds distributed to the Alabama Department of Senior Services or its successor and shall not be used to supplant or decrease existing state or local support to the Alabama Department of Senior Services or its successor. Appropriations from the trust fund shall be used to both expand existing services and create new services for Alabama’s elderly.

(e) No funds shall be withdrawn or expended from this fund except as budgeted and allotted according to the provisions of Sections 41-4-80 to 41-4-96, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriations acts.
Ala. Code § 41-7-4 — Alabama Code / Title 41 / Chapter 7 / Section 41-7-4
Section 41-7-4 Disposition of Funds
Status: in_force

The department may, with the approval of the Governor, expend any funds appropriated to the department for advertising and promotions and for other purposes that support tourism in Alabama; provided, that no part of any appropriation made to the department by the Legislature shall be used to purchase any advertising within the State of Alabama; provided further, that the department may procure the printing of pamphlets, circulars, maps, leaflets and similar material in the State of Alabama to be circulated by the department for tourist advertising and promotion purposes.
Ala. Code § 41-9-626 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-626
Section 41-9-626 Forwarding of Fingerprints, Photographs, Etc
Status: in_force

Fingerprints and other identifying data required to be taken by this article shall be forwarded within 24 hours after taking for filing and classification, but the period of 24 hours may be extended to cover any intervening holiday or weekend. Photographs taken shall be forwarded at the discretion of the agency concerned; but, if not forwarded, the fingerprint record shall be marked “photo available,” and the photographs shall be forwarded subsequently if the commission so requests.
Ala. Code § 41-10-262 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-262
Section 41-10-262 Authority to Incorporate
Status: in_force

The Governor, the Director of Finance, the Lieutenant Governor, the Speaker of the House, and the Chief Justice may become a public corporation with the powers and authorities hereinafter provided, by proceeding according to the provisions of this article.
Ala. Code § 41-9-745 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-745
Section 41-9-745 Reimbursement for Actual and Necessary Expenses
Status: in_force

Amended and renumbered as §38-3-25 by Act 2008-398, p. 787, §3, effective May 16, 2008.
Ala. Code § 41-10-103 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-103
Section 41-10-103 Leasing of Projects
Status: in_force

(a) Leases to municipality, county, or state. The corporation, the municipality, the county, and the state are hereby respectively authorized to enter into with each other one or more lease agreements whereunder a project or any part thereof shall be leased by the corporation to such other party for a term not longer than the then current fiscal year of such lessee, but any such lease agreement may contain a grant to such lessee of successive options of renewing said lease agreement on the term specified therein for any subsequent fiscal year or years of such lessee. The rental for each fiscal year during which said lease agreement shall be in effect shall be due in advance on the first day of the fiscal year, and the said rental for said fiscal year shall be payable and any such covenant to pay rent on the part of such municipality or county or the state shall be performed solely out of its current revenues for such fiscal year. The rental payable and the covenants to be performed by the municipality or the county or the state under the provisions of said lease agreement shall not be such as to create an indebtedness within the meaning of Sections 213, 224, or 225 of the constitution.

(b) Leases to public corporations or state agencies. The corporation and any public corporation or state agency are hereby respectively authorized to enter into with each other one or more lease agreements whereunder a project or any part thereof shall be leased by the corporation to said public corporation or state agency for a term not longer than 30 years. Neither the state, the county nor any municipality in the county shall in any manner be liable for the performance of any obligation or agreement contained in any lease agreement between the corporation and a public corporation or state agency. The rental payable and the covenants to be performed by a public corporation or state agency under the provisions of any such lease agreement shall never create a debt of the state, the county, or any municipality therein within the meaning of Sections 213, 224, or 225 of the constitution.

(c) Leases to others. The corporation is hereby authorized to lease a project or any part thereof to any person, firm, or corporation for such period of time and on such terms and conditions as may be mutually agreed on by the parties to the agreement under which such lease shall be made.
Ala. Code § 41-20-10 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-10
Section 41-20-10 Debate and Voting Upon Recommendations as to Continuance or Termination of Agencies
Status: in_force

(a) On the tenth legislative day of the regular session, one hour after the convening of the house of which the chair of the select joint committee of the Sunset Committee is a member, voting in that house on sunset bills not previously considered during this regular session shall commence and thereafter continue as the first order of business, from day to day, until voting on all the bills with respect to each enumerated or nonenumerated agency is completed.

(b) On the fifth legislative day after passage of bills passed pursuant to subsection (a) of this section, one hour after convening of the house of which the chair of the select joint committee of the Sunset Committee is not a member, voting in that house on said sunset bills not previously considered during this regular session shall commence and thereafter continue as the first order of business, from day to day, until voting on said bills is completed. Provided, however, that either house may, by a three-fifths vote of those members present and voting, consider other business before that house.

(c) (1) If a committee considering sunset legislation recommending modification shall fail to report a sunset bill within the time prescribed in subsection (a) or (b) of this section, then a substitute bill specifying only continuance concerning the status of the state agency shall be referred to the considering legislative body as a committee of the whole on the legislative day preceding the legislative day of prescribed reporting, there to be acted on by the Legislature as a committee of the whole.

(2) Debate on a sunset bill being acted upon by the Legislature as a committee of the whole shall be limited to one hour and must be continuous and uninterrupted. Thereafter a recorded vote must be taken at the expiration of said debate.

(3) An additional one hour of debate, beyond the time permitted in subdivision (2) of this subsection, may be permitted by a vote of two-thirds of those voting. Such additional period of debate may not be allowed more than one time per bill and must be continuous and uninterrupted. Thereafter a recorded vote must be taken at the expiration of said debate.

(d) Debate on the termination or continuance of any enumerated or nonenumerated agency shall not continue beyond the period of one hour from the start of the debate on each bill and a recorded vote must be taken at the expiration of said debate. “Debate” as used in this section shall mean one hour total time allocated for discussion on each agency considered. At the end of this one hour period of time allocated, which shall be continuous and uninterrupted, it shall be mandatory for the presiding officer of the house considering the bill to call for a recorded vote with respect to the agency in question.

(e) An additional one hour for debate on termination or continuation of said agency, beyond the time permitted in subsection (d) of this section, may be permitted by a vote of two-thirds of those voting. Such additional period of debate may not be allowed more than one time per bill and must be continuous and uninterrupted. Thereafter a recorded vote must be taken at the expiration of said debate.

(f) A sunset bill which terminates or continues an agency and is passed by the originating house, amended by the second house, and returned to the originating house shall be allowed one hour of debate upon return to the originating house. Such debate must be continuous and uninterrupted. Thereafter a recorded vote must be taken at the expiration of said debate.

(g) An additional one hour for debate on termination or continuation of said agency, beyond the time permitted in subsection (f) of this section, may be permitted by a vote of two-thirds of those voting. Such additional period of debate may not be allowed more than one time per bill and must be continuous and uninterrupted. Thereafter a recorded vote must be taken at the expiration of said debate.

(h) The debate limitations established under this section relate only to those bills that either continue or terminate an agency.
Ala. Code § 41-29-286 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-286
Section 41-29-286 Policy Manual
Status: in_force

Any operations, processes, and matters of AIDT that are not covered by this division shall be governed by the AIDT Policy Manual, as amended from time to time with the written approval of the Secretary of Commerce.
Ala. Code § 41-5A-15 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-15
Section 41-5A-15 Authority to Administer Oaths, Take Depositions, and Certify Official Acts
Status: in_force

The chief examiner, assistant chief examiner, chief legal counsel, and deputy examiner may administer oaths, take depositions, and certify official acts.
Ala. Code § 41-10-513 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-513
Section 41-10-513 Facilities - Construction
Status: in_force

All facilities constructed by the authority shall be constructed according to plans and specifications of architects or engineers, or both, selected by the authority. The parking deck shall be planned and constructed in such a manner as to accommodate the construction of a mirror image of the Persons Office Building. All such plans and specifications shall be approved by the authority and by the Division of Construction Management of the Department of Finance.
Ala. Code § 41-9-682 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-682
Section 41-9-682 Function and Powers Generally
Status: in_force

(a) 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 music in Alabama or elsewhere. The board may adopt such rules, regulations, and bylaws as may be needed to carry out its functions. Also, it may conduct surveys and polls and may appoint such committees and representatives as it may determine necessary or desirable. The board may acquire, construct, install, equip, lease, manage, and operate buildings and other facilities consisting of any one or more of the following to be located in Colbert County, Alabama: (i) a music hall of fame and exhibition facility for the display of busts, statues, plaques, books, papers, computerized figures, memorabilia, records, films, audio tapes, video tapes, compact disks, recordings, pictures, and other exhibits relating to music and musicians, (ii) a library, research, and educational center for the collection and documentation of music and for music education and enrichment programs, (iii) an audiovisual auditorium/theatre, (iv) a recording studio, or (v) other facilities necessary or useful in connection with the use of any of the aforesaid facilities, including sites and equipment for any of the aforesaid facilities.

(b) Pursuant to the constitutional amendment authorizing the creation of the Alabama Music Hall of Fame Authority, the members of the Alabama Music Hall of Fame Board shall serve ex officio as members of such authority which shall be a public body corporate with all the powers and privileges of a corporation for the purposes of providing for and participating in the management and control of any of its facilities. The authority may acquire, construct, install, equip, lease, manage, and operate buildings and other facilities consisting of any one or more of the following to be located in Colbert County, Alabama: (i) a music hall of fame and exhibition facility for the display of busts, statues, plaques, books, papers, computerized figures, memorabilia, records, films, audio tapes, video tapes, compact disks, recordings, pictures, and other exhibits relating to music and musicians, (ii) a library, research, and educational center for the collection and documentation of music and for music education and enrichment programs, (iii) an audiovisual auditorium/theatre, (iv) a recording studio, or (v) other facilities necessary or useful in connection with the use of any of the aforesaid facilities, including sites and equipment for any of the aforesaid facilities.

(c) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof:

(1) To adopt, alter, and repeal bylaws, not inconsistent with the provisions of this section, for the regulation and conduct of its affairs and business;

(2) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise and to improve, maintain, equip and furnish one or more projects, including all real and personal properties which the members of the authority may deem necessary in connection therewith, regardless of whether or not any such projects shall then be in existence;

(3) To lease to others any or all of its projects and properties and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof;

(4) To receive and accept, from any source, aid or contributions of money, property, labor, or other items of value for furtherance of any of its purposes, subject to any conditions not inconsistent herewith, including, but without limitation to, gifts or grants from any department, agency, or instrumentality of the United States of America;

(5) To procure such insurance and guarantees as the members of the authority may deem advisable, including, but without limitation to, insurance or guarantees against any loss in connection with any of its projects, property or assets and for payment of any bonds or other obligations issued by the board, in such amounts and from such public or private entities, as it may deem advisable, and to pay premiums or other charges for any such insurance or guarantees;

(6) To borrow money and to sell and issue its bonds for any authority function, use, or purpose;

(7) To mortgage, pledge, assign, or grant security interests in any or all of its projects and properties or any part or parts thereof, as security for the payment of the principal of and interest on any bonds issued by the board, or as security for any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which said bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith;

(8) To appoint, employ, contract with, and provide for the compensation of, such officers, employees, and agents, including, but without limitation to, engineers, architects, construction contractors, attorneys, management consultants, and fiscal advisers, as the business of the authority may require;

(9) To invest any funds of the authority that the members of the authority may determine are not presently needed for any of its corporate purposes in obligations of the United States of America and interest-bearing bank and savings and loan association deposits and in any investments eligible under then applicable law for the investment of trust funds by fiduciaries, or any thereof;

(10) To enter into a management agreement or agreements with any person or firm for the management by said person or firm for the authority of any of its projects and properties upon such terms and conditions as may be mutually agreeable;

(11) To sell, exchange, donate, and convey any or all of its projects, properties and assets whenever its members shall find any such action to be in furtherance of the purposes for which the authority was created; and

(12) To make, enter into, and execute such contracts, agreements, leases, and other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was created or to exercise any power expressly granted hereunder.

(d) All revenue bonds issued by the board shall be payable solely out of the revenues and other receipts of the board as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued.

(e) The principal of and interest on the bonds issued by the board shall be secured by a pledge of the revenues and other receipts out of which the same may be payable and may be secured by a trust indenture evidencing such pledge or by a foreclosable mortgage and deed of trust conveying as security for such bonds all or any part of the property of the board from which the revenues so pledged may be derived. The resolution under which the bonds are authorized to be issued or any such trust indenture or mortgage may contain any agreements and provisions respecting the maintenance and insurance of the property covered by such trust indenture or mortgage, the use of the revenues subject to such trust indenture or mortgage, the creation and maintenance of special funds from such revenues, the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made and the rights and remedies available in the event of default as the authority shall deem advisable and which are not in conflict with the provisions of this section.

(f) All bonds issued by the authority shall be signed by its chair and attested by its secretary; provided, that a facsimile of the signature of any one or more of said officers executing or attesting any such bonds may be printed or otherwise reproduced on any such bonds in lieu of said officer or officers manually signing the same if such bonds are required to be authenticated by the manual signature of the duly authorized registrar of such bonds, or an authorized officer of such registrar.

(g) Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions permitting or restricting redemption of such bonds prior to their maturities, shall contain such provisions not inconsistent with the provisions of this section, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of the authority. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such times as determined by the authority to be advantageous. The authority may pay all expenses, premiums, and commissions which the authority may deem necessary or advantageous in connection with any financing done by it.

(h) All revenue bonds issued by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state or any county or municipality within the state, or a charge on the credit or taxing powers of the state or any county or municipality within the state. Any revenue bonds issued by the authority shall be limited or special obligations of the authority payable solely out of the revenues and other receipts of the authority specified in the proceedings authorizing those bonds.

(i) All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, without limitation to, the establishment of reserve funds as security for the payment of the principal of (and premium, if any) and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to (i) the fiscal, consulting, legal, and other expenses incurred in connection with the issuance of the bonds, (ii) in the case of bonds issued to pay costs of construction, interest on such bonds prior to and during such construction and for not exceeding one year after completion of such construction, and (iii) except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date.

(j) Any bonds issued by the authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the bonds to be refunded, any interest to accrue on each bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with such refunding; provided, that unless duly called for redemption pursuant to provisions contained therein, the holders of any such bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for such refunding. Any refunding bonds may be sold by the authority at public or private sale at such price or prices as may be determined by it to be most advantageous, or may be exchanged for the bonds or other obligations to be refunded. Any refunding bonds issued by the board shall be issued and may be secured in accordance with the foregoing provisions of this section.

(k) The authority, its property and income and all bonds issued by the authority, 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 authority shall be exempt from all taxation of any nature.

(l) The authority is hereby vested with full authority, except as limited herein, and in the constitution as amended, to provide for the terms of its bonds and to provide for the sale and issuance thereof.

(m) The full faith and credit of the State of Alabama shall be pledged to pay the principal, interest and premium (if any) of such bonds of the authority only as provided in such amendment or amendments to the Constitution of Alabama of 2022, which amendment or amendments may be adopted and ratified before or after July 23, 1987.

(n) The provisions of this section shall be construed liberally, it being the purpose to provide in this state appropriate housing facilities for displaying to the general public exhibits of the Alabama Music Hall of Fame Board and for the management and control of displays by such means as may be feasible and agreed upon.
Ala. Code § 41-16-166 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-166
Section 41-16-166 Enforcement
Status: in_force

(a) This article may be enforced only by the Attorney General. If the Attorney General declines to enforce a violation of Section 41-16-163, a company can bring a civil action against the governmental entity to seek injunctive relief only.

(b) If the Attorney General has reasonable cause to believe that a person has engaged in or is engaging in a violation of this article, he or she may investigate according to the investigative authority provided in Section 8-19-9.

(c) The Attorney General may use all remedies available at law or in equity to enforce this article.
Ala. Code § 41-10-99 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-99
Section 41-10-99 Refunding Bonds
Status: in_force

The corporation may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and interest on any bonds of the corporation theretofore issued under this article and then outstanding, whether or not such principal and interest shall have matured at the time of such refunding, and for the payment of any expenses incurred in connection with such refunding and such premium as is necessary to be paid in order to redeem or retire the bonds to be refunded. The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued. Any such refunding may be effected either by sale of the refunding bonds, in the manner provided for in this article with respect to bonds, the application of the proceeds thereof or by exchange of the refunding bonds for the bonds or interest coupons to be refunded thereby; provided, that the holders of any bonds or coupons so to be refunded shall not be compelled without their consent to surrender their bonds or coupons for payment or exchange prior to the date on which they may be paid or redeemed by the corporation under their respective provisions. Any refunding bonds of the corporation shall be payable solely from the revenues out of which the bonds or coupons to be refunded thereby were payable. All provisions of this article pertaining to bonds of the corporation that are not inconsistent with the provisions of this section shall also apply to refunding bonds issued by the corporation.
Ala. Code § 41-10-149 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-149
Section 41-10-149 Construction of Article Generally; Certain Provisions Exclusive
Status: in_force

This article is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full and adequate powers to fulfill their functions. The foregoing sections of this article shall be deemed to provide additional and alternative methods for the doing of the things authorized thereby and shall be regarded as supplemental and additional to and not in derogation of any powers conferred upon corporations created by municipalities within this state or upon any other agencies of the state or the municipalities thereof which are concerned 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.

Neither this article nor any provision contained in this article shall be construed as a restriction or limitation upon any power, right, or remedy which any corporation organized under this article may have in the absence thereof, but shall be construed as cumulative and independent of any such power, right, or remedy. No proceedings, notice, or approval shall be required for the incorporation of such corporation or the amendment of its certificate of incorporation, the acquisition of any property or facilities, the making of any loans or the borrowing of money or assumption of obligations or the issuance of bonds or other instruments in evidence thereof or as security therefor except as prescribed in this article, any other law to the contrary notwithstanding.
Ala. Code § 41-19-7 — Alabama Code / Title 41 / Chapter 19 / Section 41-19-7
Section 41-19-7 Formulation and Presentation to Legislature and Agencies/Departments of Governor’s Proposed Program and Financial Plan
Status: in_force

(a) The Governor shall formulate the program and financial plan to be recommended to the Legislature after considering each state agency’s proposed program and financial plan. The Governor’s plan shall include his or her recommended goals and policies, recommended plans to implement the goals and policies, recommended budget for the succeeding fiscal year and recommended revenue measures to balance the budget.

(b) The proposed comprehensive program and financial plan shall be presented by the Governor in a message to a joint session of the Legislature on or before the fifth legislative day of each regular session of the Legislature. The message shall be accompanied by an explanatory report which summarizes recommended goals, plans and appropriations. The explanatory report shall be furnished each member of the Legislature and each state agency/department on or before the fifth legislative day of the regular session of the Legislature. The report shall contain the following information:

(1) The coordinate program goals and objectives that the Governor recommends to guide the decisions on the proposed program plans and budget appropriations;

(2) The program and budget recommendations of the Governor for the succeeding fiscal year;

(3) A summary of state revenues in the last fiscal year, a revised estimate for the current fiscal year and an estimate for the succeeding fiscal year;

(4) A summary of expenditures during the last fiscal year, those estimated for the current fiscal year and those recommended by the Governor for the succeeding fiscal year; and

(5) Any additional information which will facilitate understanding of the Governor’s proposed program and financial plan by the Legislature and the public.
Ala. Code § 41-9-743 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-743
Section 41-9-743 Election of Chair; Term of Office; Appointment of Secretary
Status: in_force

Amended and renumbered as §38-3-23 by Act 2008-398, p. 787, §3, effective May 16, 2008.
Ala. Code § 41-23-251 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-251
Section 41-23-251 Legislative Findings
Status: in_force

The Legislature finds and declares that the health, safety, and welfare of the people of this state are dependent upon the continued encouragement, development, growth, and expansion of the private sector within the state. The Legislature finds that expanding upon current research and development activities in the state would improve the employment opportunities, products, and services available to the citizens of the state. Therefore, it is declared to be the purpose of this article to encourage new and continuing efforts to conduct research and development activities within this state.
Ala. Code § 41-5A-4 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-4
Section 41-5A-4 Chief Examiner - Oath of Office; Bond
Status: in_force

The chief examiner, before entering upon the duties of his or her office, shall take the oath prescribed by Section 279 of the Constitution of Alabama of 2022, and shall give bond for the faithful performance of his or her duties in the amount of one hundred thousand dollars ($100,000). The oath and the bond, which must be approved by the Legislative Committee on Public Accounts and paid for from funds available to the Department of Examiners of Public Accounts, shall be filed with the Secretary of State. The chief examiner shall be a commissioned officer of the state.
Ala. Code § 41-25-5 — Alabama Code / Title 41 / Chapter 25 / Section 41-25-5
Section 41-25-5 Meeting Space, Supplies, and Other Support
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-7A-2 — Alabama Code / Title 41 / Chapter 7A / Section 41-7A-2
Section 41-7A-2 Employees of Office
Status: in_force

All other employees necessary to carry out the duties and functions of the Alabama Film Office shall be employed subject to the provisions of the Merit System law. The State Personnel Board, with the assistance of the Secretary of Commerce, shall establish positions as needed in the classified service for the employees of the Alabama Film Office.
Ala. Code § 41-7A-20 — Alabama Code / Title 41 / Chapter 7A / Section 41-7A-20
Section 41-7A-20 Legislative Findings
Status: reserved

Repealed by Act 2009-144, p. 268, §12, effective January 1, 2009.
Ala. Code § 41-6A-7 — Alabama Code / Title 41 / Chapter 6A / Section 41-6A-7
Section 41-6A-7 Administration of Chapter; Contracts with Other Agencies, Departments, Etc.; Other Agencies, Departments, Etc., Affecting Chapter to Report to Department; Abstracts of Proposals Sent to Department
Status: in_force

The department is solely responsible for the administration of this chapter; however, the department may enter into a contractual agreement with state agencies or departments, educational institutions and such other organizations and individuals necessary to fulfill its responsibilities. Any agency, department, educational institution, or organization of the state which affects the administration or implementation of this chapter is required to communicate such activities to the department. Abstracts of proposals for energy-related grants shall be sent to the department for informational and coordination purposes. Such abstracts shall remain confidential.
Ala. Code § 41-8-8 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-8
Section 41-8-8 Applicability and Effect of Article
Status: in_force

This article shall in no way affect the administration and supervision of public school libraries which have been or may hereafter be established by aid through the Department of Education, except by agreement, nor shall this article affect in any way the administration and supervision of public school libraries under the control of any city or county board of education, except by agreement; nor shall it, except by agreement, affect or apply to libraries of institutions of higher learning nor to free public libraries in counties where a city having a population of not less than 65,000 already maintains a free public library.
Ala. Code § 41-28-12 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-12
Section 41-28-12 Authorization of Office to Contract on Behalf of State Agency; Appropriation Dependency Clause
Status: in_force

The office, on behalf of any state agency, may enter into an equipment support contract with a vendor of telecommunications, information technology, or cybersecurity equipment for the purchase, lease, or lease to purchase of the equipment in accordance with state competitive bid laws. Each contract shall be valid for not more than five fiscal years and shall include the following annual appropriation dependence clause: “The continuation of the contract is contingent upon the appropriation by the Legislature of funds to fulfill the requirements of the contract. If the Legislature fails to appropriate sufficient monies to provide for the continuance of the contract, or if funds from other sources are not available, the contract shall terminate on the date of the beginning of the fiscal year for which funds are not appropriated or available.”
Ala. Code § 41-10-89 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-89
Section 41-10-89 Board of Directors of Corporation - Appointment of Additional Members to Board by Governor; Terms of Office, Etc., of Additional Members
Status: in_force

In the event that there shall be provided to the corporation either by legislative appropriation or by executive allocation from funds of the state either moneys sufficient to pay the cost of necessary preliminary surveys and engineering, architectural or feasibility studies or reports or, in the alternative, one fourth or more of the total cost of constructing the project, then and in either of such events, the number of directors provided for in this article and in the certificate of incorporation of the corporation shall be doubled, and all the additional directors shall be appointed by the Governor for staggered terms of office terminating on the same respective dates as the terms of office of the directors elected by the governing body. The Governor shall likewise appoint the successors to such additional directors.

In all other respects, directors appointed by the Governor and the board, with such directors as members, shall be subject to the other provisions of this chapter respecting the individual directors and the board.
Ala. Code § 41-9-1032 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1032
Section 41-9-1032 Refusal to Grant License; Disciplinary Action; Suspension or Revocation of Match Permit
Status: in_force

(a) The commission may refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this section or under the laws and rules under which licensure is sought. The applicant shall demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the qualifications of the applicant, it may deny a license without a prior hearing; however, the applicant shall be allowed to appear before the commission if he or she so desires.

(b)(1) The commission, by majority vote, after prior notice to the holder of a license and after affording such a holder an opportunity to be heard, may fine the license holder; revoke or suspend the license, or take other disciplinary action against the licensee upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any professional boxer, tough man contestant, amateur mixed martial arts competitor, or professional mixed martial arts competitor licensed by the commission; summarily suspend any license previously issued by the commission; or take other disciplinary action against any licensee. The licensee shall, after the summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and the Alabama Administrative Procedure Act. A summary suspension imposed against such a licensee may include, but shall not be limited to, the following:

a. Prohibiting any professional boxer, professional bare knuckle boxer, tough man contestant, amateur mixed martial arts competitor, or professional mixed martial arts competitor from competing, appearing in, or participating in any match, contest, or exhibition within 60 days of having suffered a knockout.

b. Prohibiting any professional boxer, professional bare knuckle boxer, amateur mixed martial arts competitor, or professional mixed martial arts competitor, from competing, appearing in, or participating in any match, contest, or exhibition within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician.

(2) The length of any summary suspension invoked pursuant to this subsection, upon the recommendation of the ringside physician, may be extended to any number of days. The terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician.

(c) The commission, its executive director, or its duly authorized representative, at any time prior to the completion of a permitted match, contest, or exhibition of professional boxing, professional bare knuckle boxing, a tough man contest, professional wrestling, amateur mixed martial arts, or professional mixed martial arts, may summarily suspend or revoke the match permit or the license of any specific boxer, bare knuckle boxer, wrestler, or mixed martial arts competitor should it be determined by such person that the continuation of the match, contest, or exhibition of professional boxing, professional bare knuckle boxing, professional wrestling, amateur mixed martial arts, or professional mixed martial arts may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of the match, contest, or exhibition of professional boxing, professional bare knuckle boxing, professional wrestling, amateur mixed martial arts, or professional mixed martial arts; provided, however, that the licensee, after a summary suspension, shall be afforded an opportunity to be heard, in accordance with the rules of the commission and the Alabama Administrative Procedure Act.

(d) The commission may revoke a suspension of a professional boxer, professional bare knuckle boxer, professional wrestler, amateur mixed martial arts competitor, or professional mixed martial arts competitor if any of the following applies:

(1) The professional boxer, professional bare knuckle boxer, professional wrestler, or mixed martial arts competitor was suspended pursuant to rules adopted pursuant to Section 41-9-1027 and has furnished proof of a sufficiently improved medical or physical condition.

(2) The professional boxer, professional bare knuckle boxer, professional wrestler, or mixed martial arts competitor furnishes proof that a suspension pursuant to Section 41-9-1027 was not or is no longer merited by the facts.
Ala. Code § 41-10-28 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-28
Section 41-10-28 Execution of Bonds and Interest Coupons; Form, Terms, Denominations, Etc., of Bonds; Sale; Refunding Bonds; Liability Upon Bonds; Pledges of Certain Funds as Security for Payment of Principal and Interest on Bonds Generally; Bonds to Be Deemed Negotiable Instruments; Bonds and Income Therefrom Exempt from Taxation; Use of Bonds as Security for Deposits of Funds of State, Etc.; Investment of Certain State Funds and Private Trust Funds in Bonds; Public Hearing or Consent of Department of Finance, Etc., Not a Prerequisite to Issuance of Bonds
Status: in_force

The bonds of the authority shall be signed by its president and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to such bonds shall be signed by the president; provided, that a facsimile of the signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of being manually subscribed thereon, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto, and a facsimile of the president’s signature may be printed or otherwise reproduced on any such interest coupons in lieu of being manually subscribed thereon.

Any bonds of the authority may be executed and delivered by it at any time and from time to time and shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest, not exceeding five percent per annum, shall be payable at such times and evidenced in such manner and may contain such other provisions not inconsistent with this article as may be provided by the resolution of the board of directors of the authority under which such bonds are authorized to be issued; provided, that no bond of the authority shall have a specified maturity date later than 20 years after its date. Any bond of the authority may be made subject to redemption at the option of the authority at such times and after such notice and on such conditions and at such redemption price or prices as may be provided in the resolution under which it is authorized to be issued; provided, that those bonds of the authority having specified maturity dates more than 10 years after their date shall be made subject to redemption at the option of the authority not later than the end of the tenth year after their date and on any interest payment date thereafter, under such terms and conditions and at such redemption price or prices as may be provided in the resolution under which such bonds are authorized to be issued.

Bonds of the authority may be sold from time to time as the board of directors of the authority may consider advantageous, but bonds of the authority must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the authority for the bonds being sold, computed from their date to their respective maturities; provided, that if no bid acceptable to the authority is received, it may reject all bids. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a daily newspaper published in the State of Alabama not less than five days during each calendar week, each of which notices must be published at least one time not less than 10 days before the date fixed for the sale. The board of directors of the authority may fix the terms and conditions under which such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; provided further, that such terms and conditions shall not conflict with any of the requirements of this article.

Subject to the provisions and limitations contained in this article, the authority may from time to time sell and issue refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority then outstanding. Such refunding bonds shall be subrogated and entitled to all priorities, rights and pledges to which the bonds refunded thereby were entitled.

Approval by the president of the authority of the terms and conditions under which any bonds of the authority may be issued shall be requisite to their validity. Such approval shall be entered on the minutes of the meetings of the board of directors at which the bonds are authorized and shall be signed by the president of the authority.

The authority may pay out of the proceeds of the sale of its bonds attorneys’ fees and the expenses of issuance which the said board of directors may deem necessary and advantageous in connection with the issuance of such bonds. No fiscal agents’ fees shall be paid in connection with the issuance or sale of any bonds.

Bonds issued by the authority shall not be general obligations of the authority but shall be payable solely out of the funds appropriated and pledged therefor in Section 41-10-30.

As security for the payment of the principal of and interest on the bonds issued by it, the authority is hereby authorized and empowered to pledge for payment of such principal and interest the funds that are appropriated and pledged in Section 41-10-30 for payment of such principal and interest. All such pledges made by the authority shall take precedence in the order of the adoption of the resolutions containing such pledges; provided, that each pledge for the benefit of refunding bonds shall have the same priority as the pledge for the benefit of the bonds refunded thereby.

All contracts made and all bonds issued by the authority pursuant to the provisions of this article shall be solely and exclusively obligations of the authority and shall not constitute or create an obligation or debt of the State of Alabama.

Bonds issued by the authority shall be construed to be negotiable instruments, although payable solely from a specified source as provided in this article.

All bonds issued by the authority and the income therefrom shall be exempt from all taxation in the state.

Any bonds issued by the authority may be used by the holder thereof as security for any funds belonging to the state or to any political subdivision, instrumentality or agency of the state in any instance where security for such deposits may be required by law.

Unless otherwise directed by the court having jurisdiction thereof or the document that is the source of authority, a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust funds in bonds of the authority.

Neither a public hearing nor consent of the state Department of Finance or any other department or agency shall be a prerequisite to the issuance of bonds by the authority. The bonds issued under the provisions of this article shall be legal investments for funds of the Teachers’ Retirement System of Alabama, the Employees’ Retirement System of Alabama, and the State Insurance Fund.
Ala. Code § 41-4-327 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-327
Section 41-4-327 Promulgation of Rules
Status: in_force

The director shall promulgate rules pursuant to the Alabama Administrative Procedure Act necessary to implement this article.
Ala. Code § 41-10-729 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-729
Section 41-10-729 Duties of Department
Status: in_force

It shall be the duty of the department to administer this division. The department may adopt, amend, or rescind rules and employ persons, make expenditures, require reports, make investigations, and take any other action as may be necessary or suitable to that end. The same penalties, interest, lien, and criminal provisions of Chapters 1, 2A, and 18 of Title 40, shall apply to taxpayers failing to accurately compute and remit the fee owed as established by this division to the department within the time set forth by this division and as further prescribed by the department.