Ala. Code § 41-23-124 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-124
Section 41-23-124 Construction and Application
Status: in_force

(a) This article shall not apply nor have any effect on any state agency currently having control over local port or infrastructure commissions or authorities.

(b) This article shall not change any existing laws that apply to any existing port or infrastructure commission or authority, or to powers presently provided for conducting and developing the water transportation industry, and all such existing laws are hereby expressly preserved and shall not be preempted by this article.

(c) No provision of this article shall be construed to authorize any diversion from local port or infrastructure commissions or authorities of fees, funds, donations, grants, or monies to which the commission or authorities are otherwise entitled.

(d) The Alabama State Port Authority, including its inland ports, is expressly exempt from the purview of this article.
Ala. Code § 41-9-548 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-548
Section 41-9-548 Insurance of Employees
Status: in_force

(a)(1) All full-time employees of the authority shall be treated as state employees for the purposes of participating in any insurance programs provided for the state employees.

(2) The authority shall pay the employer’s contributions to any insurance programs out of funds appropriated to it or otherwise available to it for any purpose whatsoever. The authority may deduct the employees’ contributions for such programs by means of payroll deductions or otherwise from the compensation paid to the employees.

(b)(1) All employees of the authority shall be members of the unclassified service for purposes of Section 36-26-10.

(2) Any employee of the authority employed as of the effective date of the act adding this subsection shall be entitled to payment for his or her accumulated leave upon separation from service, and any employee hired after the effective date shall be entitled to such payment only to the extent generally provided to unclassified employees in the Merit System, consistent with generally applicable administrative rules adopted by the State Personnel Department.
Ala. Code § 41-9-450 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-450
Section 41-9-450 Creation; Composition; Appointment and Terms of Office of Members; Officers; Compensation and Expenses of Members; Meetings Generally; Quorum
Status: in_force

There shall be created and established as provided in this article a board to be designated and known as the Alabama Sports Hall of Fame Board. The board shall be composed of 14 members, eleven of whom shall be appointed by the Governor of Alabama for terms of six years each. Of the first members appointed, two shall serve for two years, and three shall serve for four years as the Governor may direct. One board member shall be appointed for each congressional district in the state. One member of the board shall be the Chair or President of the Jefferson County Civic Center Board by virtue of the office. One board member shall be appointed by the Lieutenant Governor from the state-at-large, and one board member shall be appointed by the Speaker of the House from the state-at-large, for terms of six years. The remaining member shall be appointed by the Governor of Alabama from the state-at-large for a term of six years.

The members of the board shall select a chair and vice-chair from among their own number. Members of the board shall not be compensated for their services, but each member shall be entitled to reimbursement for expenses incurred in attending board meetings. The board shall meet quarterly and at such other times as its rules and bylaws may prescribe. A majority of the members shall constitute a quorum for transaction of business.
Ala. Code § 41-10-882 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-882
Section 41-10-882 Incorporation of Growth Alliance
Status: in_force

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

(1) The name, office, and office location of each of the applicants.

(2) The date on which each applicant was sworn into office for his or her current term of office.

(3) The name of the proposed public corporation, which shall be the Alabama Growth Alliance.

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

(5) Provisions requiring the board to support the Department of Commerce in the development of a recommended annual strategic economic development plan for the state and standards of measure to be used in measuring the corporation’s achievements in executing the plan.

(6) Provisions requiring the board to review the state’s primary economic development incentives on a biennial basis and reviewing the effectiveness of the incentives to create jobs, attract new business, encourage existing business expansions, and achieve other goals as may be determined by the board, in cooperation with the Joint Legislative Advisory Committee on Economic Incentives or any third party contracted with by that committee.

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

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

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

(d) Notwithstanding any provision of law to the contrary, any corporation incorporated pursuant to this section shall not be deemed to be a part of the state for any purpose but shall be treated as a public corporation separate and apart from the state.
Ala. Code § 41-9-1006 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1006
Section 41-9-1006 Appropriations
Status: in_force

The Alabama Military Hall of Honor may receive any appropriations from the State General Fund made by the Legislature.
Ala. Code § 41-9-684 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-684
Section 41-9-684 Expenditures and Appropriations
Status: in_force

(a) The board may spend all legislative appropriations made for the use of the board and may expend funds donated or contributed for its support.

(b) There are no state funds appropriated for the expenses and implementation of this article.
Ala. Code § 41-10-641 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-641
Section 41-10-641 Alabama Construction Recruitment Institute - Board of Directors
Status: in_force

Transferred to §41-10-724 by Act 2010-220, p. 365, §3, effective March 22, 2010.
Ala. Code § 41-28-5 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-5
Section 41-28-5 Disposition of Funds; Telecommunications Revolving Fund
Status: in_force

(a) No public monies shall be expended by the secretary for any purpose unless the monies have been appropriated by the Legislature to the entity from which the funds are received or to the office. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4, commencing with Section 41-4-80, of Chapter 4 of this title, and only in the amounts provided by the Legislature in the general appropriations act or other appropriation acts.

(b) All user fees collected, direct appropriations, and other funds received relating to the provision of telecommunications services under this chapter shall be deposited into a revolving fund in the State Treasury designated as the Telecommunications Revolving Fund, and the secretary may make deposits and expenditures from time to time from the fund to implement this chapter. All balances of revenue, income, and receipts remaining in the fund at the end of each fiscal year shall carry over to the next fiscal year and shall not revert to the State General Fund or any other fund.
Ala. Code § 41-6-15 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-15
Section 41-6-15 Historical Quarterly
Status: in_force

One thousand copies of the Alabama Historical Quarterly shall be published each quarter. The said quarterly shall be edited by the Director of the Department of Archives and History and shall be supplied gratis to public officials, public and high school libraries and, upon call, to any responsible person in the interest of propagating facts about the history of the state.
Ala. Code § 41-10-522 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-522
Section 41-10-522 Exemption of Leases of Facilities from Competitive Bid Laws
Status: in_force

All leases of facilities made by the authority shall be exempt from the provisions and requirements of Chapter 16 of this title of the code.
Ala. Code § 41-9-211 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-211
Section 41-9-211 Powers and Duties of Office
Status: in_force

(a) The powers and duties of the Office of State Planning and Federal Programs shall be as follows:

(1) To develop a comprehensive state plan, and yearly updates to the plan, to be submitted by the Governor to the Legislature for its consideration;

(2) To develop, 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 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 government;

(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 with the state;

(6) To advise and consult with regional, county and local units of government and planning and development agencies on matters of planning;

(7) At the direction of the Governor, and in cooperation with the State Budget Division of the Finance Department, survey, review and appraise the accomplishments of state government in achieving its goals and objectives;

(8) To apply for, accept and disburse 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 enter into and carry out contracts or agreements in connection therewith, and 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 article;

(9) To make grants from said appropriations to regional planning and development commissions which are certified to receive such grants by the Governor, under the provisions of law heretofore or hereafter enacted providing for the delineation and designation of state planning and development districts and authorizing the governing bodies of counties and municipalities to establish regional planning and development commissions, in Sections 11-85-50 through 11-85-56 and 11-85-58;

(10) To advise and consult with state agencies, departments and institutions, political subdivisions and local units of government for the purpose of increasing their capacity to identify and obtain all forms of federal assistance;

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

(12) To review and comment upon prior to their submission, as required by OMB A-95 regulations, plans, programs, and federal assistance applications filed with the federal government or any instrumentality of the federal government by state departments, agencies and institutions;

(13) To maintain a record of and periodically analyze all action taken by any federal agency concerning plans, programs, and federal assistance applications submitted to the federal government or any instrumentality of the federal government by state departments, agencies and institutions, local governmental units, and political subdivisions of the state;

(14) To monitor and analyze the sources, types, amounts and purposes of federal assistance received by state agencies, departments and institutions, local governmental units, and political subdivisions;

(15) To provide information and recommendations to the Governor and Legislature with respect to federal programs of state interest or programs pending congressional or federal administrative action which may affect or be of interest to the state or any of its agencies or political subdivisions;

(16) To promote the development and coordination of the federal assistance activities of all state departments, agencies and institutions, local levels of government and other public and private bodies within the state to meet state needs;

(17) To insure that data used by the federal government and its agencies and instrumentalities for calculating the state’s share of formula-based federal assistance are accurate;

(18) To represent the Governor, and serve as an official liaison for the state in respect to federal assistance programs available to the state and its agencies and political subdivisions and be responsible for the establishment of responsible representation to assist in securing maximum benefits of the many forms of federal assistance; and

(19) To exercise all other powers necessary and proper for the discharge of its duties, including the promulgation of reasonable rules and regulations and to perform such other functions and duties of the Office of State Planning and Federal Programs as may from time to time be assigned by the Director of the Office of State Planning and Federal Programs. All state agencies, departments, institutions and political subdivisions are hereby empowered and authorized to make available to the Office of State Planning and Federal Programs such reasonable assistance and information as the office may request in carrying out the intentions and purposes of this article.

(b) It is the intent of this article that all reference herein to the duties and functions regarding review and comment of the Office of State Planning and Federal Programs be directly related to those federal programs covered under currently effective Office of Management and Budget Circulars A-95, A-102 and other appropriate Office of Management and Budget circulars.
Ala. Code § 41-10-887 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-887
Section 41-10-887 Dissolution
Status: in_force

At any time, the board, by at least three-quarters vote, may dissolve the corporation by having at least three-quarters of its members file with the Secretary of State an application for dissolution, which shall be sworn to by each signatory thereto by a notary public. Upon the filing of the application for dissolution, the corporation shall cease to exist. The Secretary of State shall file and record the application for dissolution, and shall make and issue, under the Great Seal of the state, a certificate that the corporation is dissolved, and shall record the certificate with the application for dissolution. Title to all property held in the name of the corporation shall be vested in the state upon dissolution of the corporation.
Ala. Code § 41-22-1 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-1
Section 41-22-1 Short Title
Status: in_force

This chapter shall be known as and may be cited as the “Alabama Administrative Procedure Act.”
Ala. Code § 41-9-942 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-942
Section 41-9-942 Definitions
Status: in_force

As used in this article, the following words and phrases shall have the following meanings:

(1) COMMISSION. The Alabama Legislative Commission on Total Quality Government established by this article.

(2) CUSTOMER. Any individual, organization, or entity that is a recipient of state government products or services, including any individual, organization, or entity within the government that is a recipient of those products and services.

(3) STATE GOVERNMENT or GOVERNMENT. All service and regulatory agencies of the State of Alabama.

(4) SUPPLIER. Any individual, organization, or entity that provides products or services to the government, including any individual, organization, or entity within the state government that receives those products or services.

(5) TOTAL QUALITY. A strategic, customer-focused management approach that focuses on continual quality improvement processes, products, and services of an entire organization; the basic principles of Total Quality include:

a. Customer-defined and customer-driven quality.

b. Strong leadership and commitment.

c. Continuous improvement.

d. Actions based on facts, data, and analysis.

e. Large-scale employee involvement and teamwork.

f. Employee reward and recognition.

g. Effective two-way communication between employees and management.
Ala. Code § 41-16-143 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-143
Section 41-16-143 Request for Proposals; Meeting; Public Notice; Guarantee Required; Bond; Type, Duration, Funding, Etc., of Contract
Status: in_force

(a) Before entering into a guaranteed energy cost savings contract, a governmental unit shall submit a request for proposals. The governmental unit shall evaluate any proposal from a qualified provider and shall select the qualified provider that best meets the needs of the unit. After reviewing the proposals, the governmental unit may enter into a guaranteed energy cost savings contract with a qualified provider if it finds that the amount it would spend on the energy cost savings measures recommended in the proposal would not exceed the amount of energy or operational cost savings, or both, within the lesser of a 20-year period or the average useful life of the energy cost savings measures from the date installation is complete and has been accepted by the governmental unit, if the recommendations in the proposal are followed. The governmental unit shall analyze the following:

(1) The estimates of all costs of installation, modifications, or remodeling, including, without limitation, costs of a pre-installation energy audit or analysis, design, engineering, installation, maintenance, repairs, debt service, and post-installation project monitoring, data collection, and reporting, as well as whether energy consumed or the operating costs, or both, will be reduced.

(2) The qualifications of the provider.

(b) The governmental unit shall provide public notice of the meeting at which it proposes to award a guaranteed energy cost savings contract, of the names of the parties to the proposed contract, and of the purpose of the contract. The public notice shall be made at least 10 days prior to the meeting.

(c) The guaranteed energy cost savings contract shall include a written guarantee of the qualified provider that either the energy or operational cost savings, or both, will meet or exceed the costs of the energy cost savings measures within the lesser of 20 years or the average useful life of the energy cost savings measures. The qualified provider shall reimburse the governmental unit for any shortfall of guaranteed energy cost savings on an annual basis. The guaranteed energy cost savings contract may provide for payments over a period of time, not to exceed the lesser of 20 years or the average useful life of the energy cost savings measures.

(d) Notwithstanding any law to the contrary, before entering into a guaranteed energy cost savings contract, the governmental unit may require the qualified provider to file with the governmental unit a payment and performance bond relating to the installation of energy cost savings measures that is in an amount the governmental unit finds reasonable and necessary to protect its interests and that may also cover the value of the guaranteed savings on the contract and is conditioned on the faithful execution of the terms of the contract.

(e) A governmental unit, or several governmental units together, may enter into an installment payment contract or lease purchase agreement with a qualified provider or a third party financing company designated by the qualified provider, or both, for the purchase and installation of energy cost savings measures with a term not to exceed the lesser of 20 years or the average useful life of the energy cost savings measures from the date the energy cost savings measures have been completed and accepted by the governmental unit.

(f) Guaranteed energy cost savings contracts, including installment payment contracts and lease purchase agreements financing the contracts, may extend beyond the fiscal year in which they become effective. The governmental unit may include in its annual budget and appropriations measures for each subsequent fiscal year any amounts payable under guaranteed energy savings contracts, including installment payment contracts and lease purchase agreements financing the contracts, during that fiscal year.

(g) A governmental unit may use a combination of funds designated for operating, capital expenditures, or other specially designated funds for any guaranteed energy cost savings contract including purchases using installment payment contracts or lease purchase agreements.

(h) State aid and other amounts appropriated for distribution to, or reimbursement to, a governmental unit may not be reduced as a result of energy cost savings realized from a guaranteed energy cost savings contract or a lease purchase agreement for the purchase and installation of energy cost savings measures.
Ala. Code § 41-10-146 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-146
Section 41-10-146 Loans, Sales, Grants, Etc., of Money, Property, Etc., to Authority by Counties, Municipalities, Etc
Status: in_force

For the purpose of effecting 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, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state may, upon such terms and with or without consideration, as it may determine:

(1) Lend or donate money to or perform services for the benefit of an authority;

(2) Donate, sell, convey, transfer, lease, or grant to an authority, without the necessity of authorization at any election of qualified voters, any property of any kind, any interest therein and any franchise; and

(3) Do any and all things, whether or not specifically authorized in this article and not otherwise prohibited by law, that are necessary or convenient in connection with aiding and cooperating with an authority in its efforts to restore, renovate, preserve, improve, protect, maintain, or promote interest in any public or private property that has been listed in the National Register of Historic Places.
Ala. Code § 41-23-253 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-253
Section 41-23-253 Research and Development Enhancement Grant Program; Faculty and Student Intern Partnership Program; Funding
Status: in_force

(a) The Director of ADECA may establish and administer the research and development enhancement grant program for the purpose of encouraging new and continuing efforts to conduct new or expanded research and development activities within Alabama. By September 4, 2019, the director shall adopt rules and policies to administer the program and begin to accept applications for grants, and shall adopt such rules as may be necessary to meet the future needs of the grant program.

(b) The program shall be administered pursuant to policies developed by ADECA in compliance with this article. The policies shall provide for the awarding of grants to Alabama research entities that have qualified research expenses in Alabama in a fiscal year exceeding a base amount.

(c) The Director of ADECA may adopt rules to develop a faculty and student intern partnership program to enhance the grant program by providing interns with increased experience with research and development. The research and development enhancement grant program will provide a maximum of one dollar ($1) of grant funding for each non-state dollar of matching funding for one-year or two-year projects requiring a minimum of ten thousand dollars ($10,000) per year and a maximum of fifty thousand dollars ($50,000) per year in grant funds. Projects shall involve one or more students, faculty, or both, working at an Alabama research entity. The required matching funds shall be cash, grants, or contracts specifically provided for the proposed research project.

(d) The Alabama Research and Development Enhancement Fund is created in the State Treasury. The fund is subject to appropriations by the Legislature and gifts, grants, and other donations received by ADECA for the research and development grant program or fund. ADECA may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to ADECA for research and development grants that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. ADECA shall develop rules ensuring that expenses incurred to administer the program must not exceed three percent of the total amount appropriated for the program in any fiscal year. Monies in the fund shall be invested by the State Treasurer for the sole benefit of the fund.

(e) Individual grants awarded by ADECA under this section may only be awarded for qualified research expenses and may not exceed the lesser of 20 percent of the total grant funds awarded in a single fiscal year, or 50 percent of the budgeted project costs. Indirect costs and administrative costs may not exceed 10 percent of the grant amount awarded.

(f) The first annual commencement date to submit grant applications shall be September 4, 2019, and shall be March 1 in each subsequent year. ADECA shall accept applications within a 150-day grant window after the annual commencement date. Applications for eligible expenses shall be evaluated according to a scoring system developed by ADECA that incorporates the priorities listed in this section, with grant awards published within 90 days after expiration of the filing window.

(g) Funding awards shall be made based on the competitive scoring system developed by ADECA. Partial awards may be made at ADECA’s discretion if funds do not allow a full award to be made. Scoring to be developed by ADECA shall consider the following:

(1) New research.

(2) The amount of financial commitment of an industry partner.

(3) Research to benefit Alabama business and industry.

(4) Research to benefit small- and medium-sized business and industry.

(5) New and continuing efforts to conduct new or expanded research and development activities within Alabama.

(6) Research to improve the employment opportunities available to the residents of the state.

(7) Research to improve the products and services available to the residents of the state.

(8) Other criteria, as appropriate.
Ala. Code § 41-10-170 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-170
Section 41-10-170 Creation and Purposes
Status: in_force

There is hereby created the Historic Blakeley Authority:

(1) To establish, develop, operate, promote, protect, preserve, and maintain as a state historic park the lands in Baldwin County, Alabama listed on the National Register of Historic Places as the Blakeley site along with reconstructed buildings and all other present and future improvements within said sites, including, but not limited to:

a. The specific sites of Old Town Blakeley, Civil War battlegrounds, breastworks, batteries, and encampments;

b. Early American military encampments;

c. Sites of Indian villages and encampments;

d. Period French plantations;

e. Early American residences, farms, homes, businesses and commercial sites and buildings;

f. Civilian and military roads and turnpikes; and

g. Significant natural plant and animal life and its habitat and specifically threatened or endangered plant and animal species;

(2) To protect and preserve bays, bayous, streams, marshlands, swamps, and shorelines of rivers, bays, and streams within the national register site, including bottomlands of all rivers and streams within or along the Blakeley site;

(3) To preserve and protect archaeological sites;

(4) To establish, develop, promote, and maintain educational and cultural programs and facilities consistent with the role and influence of Blakeley in Alabama history;

(5) To develop, build, manage, operate, promote, and maintain any and all types of public and private facilities consistent with the reconstruction of historic Old Town Blakeley and the development of an historic and recreational park and cultural center.
Ala. Code § 41-23-83 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-83
Section 41-23-83 Terms; Vacancies; Compensation; Expenses
Status: reserved

REPEALED BY ACT 2024-443, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 41-10-630 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-630
Section 41-10-630 Pledge and Appropriation of Tobacco Revenues to Redeem Bonds
Status: in_force

There is hereby irrevocably pledged and appropriated such amounts of tobacco revenues retained in the special fund, and earnings thereon, as shall be necessary to pay and to redeem prior to their respective maturities the principal, interest, and premium, if any, on the authority’s bonds and to pay the principal of and the interest on any refunding bonds issued to refund such bonds.
Ala. Code § 41-13-43 — Alabama Code / Title 41 / Chapter 13 / Section 41-13-43
Section 41-13-43 Appropriation of Funds by Counties or Municipalities for Photographing or Microphotographing of Public Records Authorized
Status: in_force

The county commission of any county or municipality may appropriate an amount sufficient to cover the cost of photographing or microphotographing the public records belonging to that county or municipality.
Ala. Code § 41-9A-3.1 — Alabama Code / Title 41 / Chapter 9A / Section 41-9A-3.1
Section 41-9A-3.1 Disclosure Requirement for Design Professional Without Professional Liability Insurance Coverage
Status: in_force

Before entering into a verbal or written agreement to provide services, a design professional, as defined in Section 41-9A-3(a), who is not covered by professional liability insurance, shall disclose that fact in writing to the client. The disclosure shall be signed by the client and notarized before the design professional may perform any work for that client.
Ala. Code § 41-9-74 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-74
Section 41-9-74 Board to Pay Judgments Against Board of Corrections Officials; Limitations, Exceptions, Etc
Status: in_force

(a) As part of the consideration of the employment or appointment of the Commissioner of the Board of Corrections, deputy commissioners of the Board of Corrections, members of the Board of Corrections and other officers, employees and agents of the Board of Corrections, whether part-time or full-time, the Board of Adjustment shall pay all final judgments awarded in courts of competent jurisdiction against the aforesaid commissioner, deputy commissioners, members of the Board of Corrections, officers, employees, and agents, for acts arising out of and performed in connection with their official duties in behalf of the State of Alabama, except to the extent that such coverage may be provided by an insurance carrier.

(b) Payment shall be limited to a maximum of $100,000.00 for all claims arising out of the same act.

(c) No part of this section shall be admissible evidence in any court of law wherein any of the officers or persons indemnified herein are parties. Nothing in this section shall be deemed to waive the sovereign immunity of the state with respect to a claim covered under this section or to authorize the payment by the state of any judgment or settlement against the aforesaid commissioner, deputy commissioners, members of the Board of Corrections, officers, employees, and agents, to the extent that the same exceeds the sum of $100,000.00.

(d) The provisions of this section shall not apply to the commissioner, any deputy commissioner, any member of the Board of Corrections and any other officer, employee and agent of the Board of Corrections who is found guilty of gross negligence or intentional or knowingly unlawful behavior.
Ala. Code § 41-9-805 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-805
Section 41-9-805 Cahaba Trace Fund
Status: in_force

The commission shall establish, and maintain at such lawful depository or depositories as it shall select, a “Cahaba Trace Fund” composed of the money or moneys which may come into its hands from admission, inspection fees, gifts, donations, grants, bequests, loans, bond issues, governmental appropriations, or other sources, either public or private. Such funds shall be used by the commission to pay for the purposes herein set forth, and the servicing, retirement or amortization of any bonds or other evidences of indebtness issued by the commission.
Ala. Code § 41-23-120 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-120
Section 41-23-120 Creation; Administration
Status: in_force

(a) The Office of Inland Waterways and Intermodal Infrastructure is created as an office within the Alabama Department of Economic and Community Affairs (ADECA).

(b) The office shall be administered by an Executive Director of Inland Waterways and Intermodal Infrastructure, who shall be appointed by and report directly to the Director of ADECA. The executive director shall have experience and knowledge of Alabama’s inland waterways and intermodal infrastructure development. The executive director may hire an assistant and staff as necessary to participate in the administration of the office and the implementation of this article.
Ala. Code § 41-10-68 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-68
Section 41-10-68 Leasing of Buildings, Facilities and Structures
Status: in_force

The authority and any person are hereby authorized to enter into a lease or leases for the use and occupancy of any or all property of the authority or for the use and occupancy of any space in or all of any buildings or facilities constructed by the authority under the provisions of this article; provided, that the proposed use by any such lessee or lessees shall be in furtherance of the purpose for which the authority is created; provided further, that an adequate rental is established in said lease or leases. Any executive head of any agency, board, commission, public corporation, bureau, or department of the state is hereby separately authorized to enter into any said lease with the authority.

No free space shall be available to any person on any of the property or in any of the buildings, facilities, and structures of the authority so long as the principal of or interest on any bonds, including refunding bonds, issued by the authority remains unpaid. If at any time there is or is about to be vacant space on the property or in the buildings, facilities, or structures constructed by the authority and there is no person available to rent such space for the purpose for which the authority is created, then, but only in such event, in order to prevent default in its bonds, the authority is hereby authorized to enter into leases with any person for any lawful purposes pursuant to and subject to such rules and regulations as to such occupancy as may be adopted by the authority; provided, that the use of such facilities by such tenants shall not interfere with the use of the premises by other tenants who are occupying same in furtherance of the purpose for which the authority is created; provided further, that any such leases shall be based upon a rental rate, established by the authority, commensurate with the then current commercial rates for similar facilities and space of like character in the City of Birmingham, Jefferson County, Alabama. Any such lease shall not be for the purpose of competing with private enterprise or for lending public credit, but shall be solely for the use and benefit of the holders of the authority’s bonds to avoid default thereon and to insure the prompt payment of the principal thereof and interest thereon when due.
Ala. Code § 41-4-81 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-81
Section 41-4-81 Budget Officer
Status: in_force

(a) The division of the budget shall be headed by and under the direction, supervision and control of an officer who shall be designated the Budget Officer. The Budget Officer may be employed from within or without the classified service; such Budget Officer shall be appointed by and serve at the pleasure of the Director of Finance, with the approval of the Governor. The Budget Officer shall be entitled to the same benefits as any person in the classified service.

(b) Any person who may be serving as such Budget Officer on July 5, 1983, who is not reemployed as such Budget Officer under the provisions of this section, and who prior to such employment as Budget Officer was a member of the state Merit System, may elect to return to the Merit System job classification previously held.
Ala. Code § 41-5A-10 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-10
Section 41-5A-10 Legal Assistance by Attorney General and District Attorneys
Status: in_force

(a) The Attorney General and the district attorneys of the several circuits shall render to the chief examiner, without additional compensation, legal services as he or she may request.

(b) Whenever the legality of any payment or shortage is involved in an examination, the chief examiner shall submit the facts in writing to the Attorney General and request his or her opinion as to the applicable law. The Attorney General shall immediately provide a copy of each opinion affecting any state or county officer in the collection or disbursement of public funds to the officer affected, to the chief examiner, and to the Governor.
Ala. Code § 41-9-553 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-553
Section 41-9-553 Appropriations to Board
Status: in_force

The board shall receive an annual appropriation which shall be fixed by the Legislature during each regular session. The appropriation shall be used by the board to pay for stationery, plaques, display cases, installation programs, administrative functions, and such other necessary or appropriate expenses incurred in carrying out the purposes of the board.
Ala. Code § 41-9-294 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-294
Section 41-9-294 Permit Etc., for Exploration or Excavation
Status: in_force

(a) Any qualified individual, company, corporation, or public institution desiring to conduct any type of exploration or excavation of cultural resources shall first make application to the commission for a permit or contract to conduct the operation. If the commission finds that the granting of a permit or contract is in the best interest of the state, it may, subject to the other provisions of this division, grant the applicant a permit or contract for a period of time and under those terms and conditions as the commission considers to be in the best interest of the state.

(b) Holders of permits or contracts shall be responsible for obtaining permission of any federal agencies having jurisdiction, including, but not limited to, the United States Department of the Navy and the United States Army Corps of Engineers, prior to conducting those activities.

(c) Permits or contracts may be issued or made for any of the following activities, without limitation:

(1) Recreational diving permit or contract.

(2) Exploration and evaluation permit or contract.

(3) Excavation and recovery permit or contract.
Ala. Code § 41-10-883 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-883
Section 41-10-883 Board of Growth Alliance
Status: in_force

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

(b) The board shall have the following members:

(1) Ex officio members, consisting of the Governor, who shall be the chair, the Secretary of Commerce, who shall be the co-chair, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Minority Leader of the House of Representatives, the Minority Leader of the Senate, and the chair of Innovate Alabama. The service of each ex officio member shall run concurrently with his or her tenure in office or position. Each ex officio member may appoint a person to serve in his or her place at any meeting of the board or may designate a person to serve in his or her place at all meetings of the board until the term of the ex officio member ends. The appointee or designee shall be counted for purposes of a quorum and voting. Each ex officio member may withdraw the appointment or designation of his or her appointee or designee at any time.

(2) The Governor shall appoint five at-large members and the Lieutenant Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives shall each appoint one at-large member. Each at-large member shall be an individual in the private sector with experience relevant to the purposes and activities of the corporation including, but not limited to, experience in any of the following:

a. Participating on boards of, or being employed by, nonprofit corporations that promote economic development throughout the state.

b. Having other experience relevant to statewide, long-term economic development strategies, including, but not limited to, any of the following:

1. Performing enhanced, coordinated research to identify targeted growth sectors.

2. Identifying sites for economic development and successfully marketing the sites for major business site selection opportunities.

3. Developing assessments of key issues impacting the growth of Alabama’s existing business and industry, along with strategies to address challenges and pursue opportunities.

(c) Board members shall be subject to the Alabama ethics laws.

(d) In making appointments of at-large members, the Governor shall coordinate his or her appointments so that diversity of gender, race, and geographical areas of the board of directors is reflective of the makeup of the state.

(e)(1) The service of each at-large member shall begin upon written acceptance of his or her appointment. Each member shall serve a term of two years following such written acceptance.

(2) Each at-large member shall continue to serve until the member is reappointed or a successor is appointed to the office.

(3) An at-large member may only serve a maximum of two consecutive terms of office but may be reappointed after he or she has spent at least two years without serving as an at-large member.

(4) An at-large member may be removed by the Governor for any reason, at which time the Governor shall appoint a different individual to serve.

(5) An individual appointed to fill a vacancy shall serve the remainder of the unexpired term and may be reappointed to serve an additional term.

(f) No member shall receive compensation because of his or her service as a member. Each member may be reimbursed for actual and reasonable travel expenses incurred in the performance of his or her duties as a member.

(g) A majority of the members shall constitute a quorum for the transaction of business by the board, and decisions shall be made on the basis of a majority of the quorum then present and voting. No vacancy in the membership of the board or the voluntary disqualification or abstention of any member shall impair the right of a quorum to exercise all of the powers and duties of the board. Members of the board may participate in meetings of the board in person or by means of telephone conference, video conference, or other similar communications equipment, so that all individuals participating in the meeting may hear each other at the same time. Participation by any such means shall constitute presence in person at a meeting for all purposes, including for purposes of establishing a quorum. The board shall be subject to Chapter 25A of Title 36, provided, however, that notice of each meeting shall occur at least seven days prior to the meeting and, provided further, that an emergency meeting of the board may be called by either the chair or co-chair when circumstances exist that are deemed by the chair or co-chair to address unforeseen economic opportunities that require immediate action including, but not limited to, a major company considering relocation to Alabama but requiring swift commitment from state authorities, or threats including, but not limited to, the sudden closure of a major employer, which could significantly impact the state’s economy. Notice of an emergency meeting should be given at least 24 hours prior to the time the meeting is to commence, unless the circumstances of the emergency are such that the meeting must convene sooner. In addition to the reasons set forth in Section 36-25A-7, the board may go into executive session to discuss sensitive matters the disclosure of which would undermine or jeopardize economic development, trade, or the objectives of the corporation.

(h) Notwithstanding subsection (g), any action required by this article to be taken at a meeting of the board of directors of the corporation or any action that may be taken at a meeting of a committee of the board of directors may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed either electronically or in person by all of the directors of the board or all of the members of the committee, as the case may be.

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

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

(k) Minutes of all board meetings shall be kept and maintained in the records of the corporation.
Ala. Code § 41-9-1027 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1027
Section 41-9-1027 Alabama Athletic Commission - Rules and Regulations
Status: in_force

The commission shall adopt rules and regulations governing professional boxing, tough man contests, amateur mixed martial arts, and professional mixed martial arts to establish the following:

(1) Procedures to evaluate the professional records and physician certifications of each boxer participating in a match, contest, or exhibition of professional boxing, tough man contests, amateur mixed martial arts, and professional mixed martial arts and to deny authorization for a professional boxer, tough man contestant, amateur mixed martial arts competitor, or professional mixed martial arts competitor to fight where appropriate.

(2) Procedures to ensure that, except as otherwise provided in subsection (c) of Section 41-9-1032, no professional boxer, amateur mixed martial arts competitor, or professional mixed martial arts competitor shall be permitted to participate while under suspension from any state boxing or athletic commission because of any of the following:

a. A recent knockout, technical knockout, or series of consecutive losses.

b. An injury, requirement for a medical procedure, or physician’s denial of certification.

c. Failure of a drug test.

d. The use of false aliases or falsifying official identification cards or document.

e. Other reasons as determined by the commission.

(3) Procedures to report to the boxing registry the results of all professional matches, contests, or exhibitions of boxing held in this state or being supervised by the commission and any related suspensions.
Ala. Code § 41-9-233 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-233
Section 41-9-233 Prohibition Against Preventing Government Entity from Taking Proper and Appropriate Actions
Status: in_force

No person may prevent the governmental entity having responsibility for maintaining any architecturally significant building, memorial building, memorial school, memorial street, or monument from taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of those monuments, streets, or buildings.
Ala. Code § 41-23-274 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-274
Section 41-23-274 Alabama Digital Expansion Division - Powers and Duties
Status: in_force

The division, in collaboration with the authority, shall have all of the following powers and duties:

(1) To promote the expansion and availability of high-speed broadband networks, services, and technologies throughout the state, including, but not limited to, rural areas, underserved areas, and unserved areas of the state.

(2) To develop and begin executing a statewide connectivity plan, as approved by the authority, to facilitate the expansion and availability of high-speed broadband networks, services, and technologies throughout the state, including a timeline for implementation of the plan. The Director of ADECA shall submit the proposed plan to the authority for approval on or before July 1, 2022. The plan must consider the need for broadband expansion in rural areas, underserved areas, and unserved areas, as well as any other obstacles to broadband adoption. The plan shall include recommendations for funding, and plans for implementation of the following objectives, including, but not limited to:

a. Evaluation of the state’s existing long-haul and middle mile network.

b. Projects for the development and expansion of a secure, reliable, robust, multi-purpose, and high-quality long-haul and middle mile fiber network throughout the state. Projects shall be implemented in the most cost effective and efficient manner for the state and should utilize existing, available infrastructure where it is consistent with the plan and meets the speeds, service quality, and other priorities established by this article, the plan, or the authority.

c. Projects for providing last-mile infrastructure and lit services for specific applications and use cases that are determined by the division to be a priority supported by the network or portions of the network funded under the statewide connectivity plan.

d. Consideration of suggestions and recommendations of the Alabama Supercomputer Authority.

(3) To implement the authority-approved statewide connectivity plan and to enter into contracts and leases for purposes consistent with the priorities of the plan. In developing the statewide connectivity plan, the division may seek input from incumbent Internet service providers, other service providers, and other owners and operators of infrastructure involved in providing high-speed broadband service.

(4) To establish and administer the Connect Alabama grant programs, in collaboration with the authority, for the purpose of promoting the deployment and adoption of high-speed broadband Internet networks, services, and technologies throughout the state, including, but not limited to, rural areas, underserved areas, and unserved areas of the state consistent with the requirements of this article. Funds received by the Connect Alabama Fund shall be expended by the division for the extension of last-mile infrastructure in unserved areas at minimum speeds as determined by the statewide connectivity plan, as well as the establishment and administration of a middle mile program and line extension program. ADECA may establish additional Connect Alabama grant programs in accordance with the goals of the statewide connectivity plan. The funding amounts for programs established under this article shall be evaluated for increase or decrease annually with recommendations from the division and approval by the authority. All funds received for the Connect Alabama grant programs shall be expended according to the statewide connectivity plan, as identified by the division, and subject to any applicable legal requirements. Federal and other funds received by ADECA or the Connect Alabama Fund shall be expended by the division in accordance with the statewide connectivity plan and any legal requirements applicable to those funds.

(5) To adopt rules and policies, as approved by ADECA, within 90 days of establishing and receiving the initial funding for the statewide connectivity plan, to administer the program and to begin to accept applications for grants, including any rules necessary to meet the future needs of the grant program.

(6) To develop strategies and support efforts to attract and leverage grant funds, federal resources, and private investment in furtherance of this article.

(7) To accept and receive funds, gifts, grants, property, labor, or other monetary or in-kind contributions of any type or from any source, including, but not limited to, federal and state grants, appropriations, loans, and loan guarantees.

(8) To administer the distribution of funds, grants, loans, loan guarantees, or other funds and resources received by the division and to ensure that grant funds awarded under this article are used for the purposes specified in this article.

(9) To promote and encourage private investments and applications for available grants.

(10) To perform any other actions necessary or convenient for the implementation and administration of this article and in compliance with state and federal law.
Ala. Code § 41-10-866 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-866
Section 41-10-866 Sweet Trails Alabama Project Fund; Sweet Trails Alabama Acquisition Fund
Status: in_force

(a) There is created within the State Treasury the Sweet Trails Alabama Project Fund and the Sweet Trails Alabama Acquisition Fund to receive gifts, grants, and appropriations. Amounts deposited in the funds shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96, inclusive, and Sections 41-19-1 through 41-19-12, inclusive.

(b) The council may use monies in the project fund or the acquisition fund to provide grants as authorized in this article or to compensate the developer for work performed pursuant to Section 41-10-861(a).
Ala. Code § 41-9-498 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-498
Section 41-9-498 Appropriations
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 § 41-23-191 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-191
Section 41-23-191 Definitions
Status: in_force

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

(1) ADVISORY COMMITTEE. The Alabama Public Transportation Trust Fund Advisory Committee.

(2) DEPARTMENT. The Alabama Department of Economic and Community Affairs.

(3) DIRECTOR. The Director of the Alabama Department of Economic and Community Affairs.

(4) TRUST FUND. The Alabama Public Transportation Trust Fund created pursuant to Section 41-23-193.
Ala. Code § 41-16-161 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-161
Section 41-16-161 Governmental Entities Prohibited from Entering into Contracts with Companies That Meet Certain Criteria; Waiver
Status: in_force

(a) This section applies only to a contract that meets both of the following:

(1) Is between a governmental entity and a company with 10 or more full-time employees.

(2) Will pay or may pay a company at least fifteen thousand dollars ($15,000) over the term of the contract wholly or partly from public funds of the governmental entity; provided, however, this subdivision shall apply separately to all companies in a multiple-party contract.

(b) Except as provided by subsection (c), a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that the company, without violating controlling law or regulation, does not and will not, during the term of the contract, engage in economic boycotts.

(c) Subsection (b) does not apply to a contract related to the issuance, incurrence, or management of debt obligations, to the deposit, custody, management, borrowing, or investment of funds, or to the procurement of insurance or other financial products, or financial advisory services, or a contract that would prevent the governmental entity from obtaining the supplies or services to be provided in an economically practicable manner.

(d) If a governmental entity is unable to comply with this section without significantly increasing costs or limiting the quality of options or services available, or both, the governmental entity may waive the requirements upon a finding, posted on the governmental entity’s publicly available website, that:

(1) The governmental entity has made reasonable and good faith efforts to obtain services meeting the requirements of this section and has included the requirements in the governmental entity’s minimum selection criteria.

(2) Based on objective information available to the governmental entity, the cost appears significantly higher than the services available to similarly oriented governmental entities not subject to similar requirements, or the quality of services or options appears significantly lower than the quality of services available to similarly oriented governmental entities not subject to similar requirements, or both.

(3) The governmental entity determines that a waiver is clearly in the best interest of the public.
Ala. Code § 41-9-477 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-477
Section 41-9-477 Books and Records; Audits
Status: in_force

It shall be the duty of the commission to maintain at all times accurate records and books of account covering revenues and expenditures, which shall be subject to the audit of the Department of Examiners of Public Accounts.
Ala. Code § 41-9-263 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-263
Section 41-9-263 Sunset Provision
Status: in_force

The Alabama Historical Commission is subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency pursuant to Section 41-20-3, and shall have a termination date of October 1, 2007, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 41-4-262 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-262
Section 41-4-262 Director
Status: in_force

The office of space management shall be headed by and under the supervision, direction, and control of an officer who shall be designated director of space management. He or she shall be appointed, subject to the provisions of the state Merit System 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 § 41-20-1 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-1
Section 41-20-1 Short Title
Status: in_force

This chapter shall be known as the Alabama Sunset Law of 1981.
Ala. Code § 41-4-95 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-95
Section 41-4-95 Appropriations Wrongfully Expended
Status: in_force

It shall be unlawful for any trustee, commissioner, director, manager, building committee, or other officer or person connected with any department, institution, bureau, board, commission, or other state agency to which an appropriation is made to expend any appropriation for any purpose other than that for which the money was appropriated, budgeted, and allotted, or to consent thereto. If the Governor shall ascertain that any department, institution, bureau, board, commission, or other state agency has used any of the moneys appropriated to it for any purpose other than that for which the money was appropriated, budgeted, and allotted and not in strict accordance with the provisions of law, the Governor shall have the power and he or she is hereby authorized to suspend all appropriations and allotments to such department, institution, bureau, board, commission, or other state agency until and after such amounts diverted or wrongfully expended have been replaced.
Ala. Code § 41-9-547 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-547
Section 41-9-547 Tax Exempt Status
Status: in_force

The authority shall be tax exempt and the properties of the authority and any income therefrom, all lease agreements and all contracts made by the authority and all 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 taxes, admission taxes, amusement taxes, sales and use taxes, and ad valorem taxes.
Ala. Code § 41-10-552 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-552
Section 41-10-552 Publication of Notice; Time Limitation on Actions Contesting Proceedings, Validity of Obligations, Etc
Status: in_force

Upon the adoption by the directors of any resolution providing for the issuance of authority obligations, the authority may, in its discretion, cause to be published once a week for two consecutive weeks, in newspapers published or having a general circulation in the Cities of Birmingham, Montgomery, Huntsville, and Mobile, a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the president or the secretary of the authority:

“Alabama Incentives Financing Authority, a public corporation under the laws of the State of Alabama, on the _______ day of _____, authorized the issuance of $ ______ principal amount of bonds (a guaranty agreement securing $ _____ principal amount of bonds of _______) for purposes authorized in Title 41, Chapter 10, Article 16, Division 1 of the Code of Alabama 1975. The proceeds from the sale of the bonds are proposed to be used to finance the acquisition, construction, and installation of facilities to be located at _______ (to provide funds for payment of management fees associated with a training facility located at_______ ). Any action or proceeding questioning the validity of the bonds (guaranty agreement), the security thereof, the use of the proceeds thereof (the obligations so guaranteed) or the proceedings authorizing the bonds, shall be commenced within 30 days after the first publication of this notice.”

Any action or proceeding in any court to set aside or question the proceedings for the incurrence of the authority obligations referred to in the notice or to contest the validity of any authority obligations, or the validity of security therefor, or the validity of the proposed use of the proceeds thereof or (in the case of an authority guaranty) the proceeds (of the obligations so guaranteed), must be commenced within 30 days after the first publication of the notice. After the expiration of the period, no right of action or defense questioning or attacking any of the foregoing shall be asserted, nor shall the validity of the said proceedings, authority obligations, security or use of proceeds be open to question in any court on any ground whatsoever except in an action commenced within the period.
Ala. Code § 41-9-952 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-952
Section 41-9-952 Annual Meeting; Quorum; Organization and Procedure; Seal; Elections; Treasurer May Be Bonded
Status: in_force

The commission shall hold an annual meeting in Macon County, Alabama, and nine of the members shall constitute a quorum for the transaction of business. Additional meetings may be held at times and places within the state as may be considered necessary, upon call of the chair or, in the case of his or her absence or incapacity, of the vice chair, or on call of any five members of the commission. However, meetings may be held outside the state upon a three-fifths vote of the commission. The commission shall determine and establish its own organization and procedure and shall have an official seal. The commission shall elect its chair, vice chair, secretary, and treasurer and each officer shall hold office for a period of one year or until a successor is elected. Neither the secretary nor the treasurer need to be members of the commission. The commission may require the treasurer to be bonded in an amount to be determined by the commission.
Ala. Code § 41-9-574 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-574
Section 41-9-574 Expenses
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-9-83 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-83
Section 41-9-83 Limitation Begins Running When Escrow Account Established
Status: reserved

Repealed by Act 2019-538, § 1, effective June 10, 2019.
Ala. Code § 41-10-48.13 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.13
Section 41-10-48.13 Joint Application for Funding; Use of Funds
Status: in_force

(a)(1) An electric provider and an economic development prospect or electric providers jointly may submit a joint application for funding from the strategic development fund if the provision of funding from the strategic development fund will facilitate an economic development project for a new or expanding industrial or commercial facility within the state subject to the requirement for uses in rural areas as set forth in Section 41-10-48.12(a).

(2) A joint application under this subsection must include:

a. A statement from the electric provider detailing the infrastructure improvements necessary to meet the prospect’s energy requirements; and

b. An assessment of economic impact, including projected job creation, capital investment, and state and local sales and property tax revenues generated from the strategic development project.

(3) During the term that the funding is being provided under this subsection, the economic development prospect and the electric provider shall submit an annual report to the authority detailing the progress of the approved strategic development project and the use of the financial assistance provided.

(4) If the economic development prospect withdraws, fails to commence operations, or materially alters its energy needs, the authority may enforce a contractual obligation against the economic development prospect for the authority’s provision of funding.

(b) The strategic development fund shall be used for the following purposes only:

(1) For the authority to enter into priority production placement agreements with key manufacturers of long lead-time electrical equipment, including, but not limited to, transformers, substations, switchgear, and specialized circuit breakers for an economic development prospect being recruited to or expanding in the state.

(2) Notwithstanding subsection (c), to provide funding for site-specific infrastructure development, including, but not limited to, the extension of transmission lines and pipelines; enhancements or expansions to substation capacity; the acquisition of rights-of-way for key transmission and pipeline infrastructure located near key industrial or commercial sites, as identified by the authority for development; and transformers, breakers, and other facilities necessary for processing, converting, and delivering such electricity into voltages necessary or useful for the economic development project.

(c) An electric provider shall not be eligible to be a direct recipient of funding from the strategic development fund.

(d) Any nonpublic or proprietary information included in an application by an economic development prospect or electric provider shall be subject to the Department of Commerce’s protections for such information, provided in Section 41-29-3.
Ala. Code § 41-9-660 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-660
Section 41-9-660 Creation; Composition; Qualifications, Appointment and Terms of Office of Members; Filling of Vacancies; Quorum
Status: in_force

There is hereby created a commission called the Foreign Trade and Relation Commission of Alabama which shall be composed of five members, each of whom shall be a citizen of the United States and a resident of the State of Alabama.

The members of the commission shall be appointed by the Governor with the advice and consent of the Senate. One of such members shall be appointed for a term of two years from August 23, 1976, two shall be appointed for terms of four years from August 23, 1976, and two for terms of six years from such date. Each two years after August 23, 1976, the Governor shall appoint one or two members of the commission, as the case may be, to fill any vacancy or vacancies, and such appointment shall be for a term of six years.

Vacancies in the membership of the commission shall be filled, as in the first instance, for the unexpired term.

Three members of the commission shall constitute a quorum for the transaction of business.
Ala. Code § 41-10-570 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-570
Section 41-10-570 Pledge and Appropriation of State Revenues from Tva Payments to Pay and Redeem Bonds Prior to Maturity
Status: in_force

There is hereby irrevocably pledged and appropriated such amounts as may be necessary to pay and to redeem prior to their respective maturities the principal of and the interest on any issue of bonds or to pay the principal of and the interest on any refunding bonds issued to refund any revenue bonds that shall be issued by the Alabama Incentives Finance Authority from the revenues retained by the State of Alabama from the in-lieu-of-taxes payments made by the Tennessee Valley Authority (which are herein called the “TVA payments”) following the distribution of a portion of such TVA payments to certain counties in the State of Alabama as provided in Section 40-28-2, and following the pledge and appropriation of TVA payments pursuant to Section 41-9-783, for the Tennessee Valley Exhibit Commission Bonds outstanding on July 20, 1995.
Ala. Code § 41-29-351 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-351
Section 41-29-351 Definitions
Status: in_force

For the purposes of this division, the following terms have the following meanings: (1) COMMITTEE. The Alabama Workforce Council Committee on Credential Quality and Transparency. (2) COMPETENCY. Measurable or observable knowledge, skills, and abilities. (3) CREDENTIAL. A qualification, achievement, or recognition of competence. (4) REGISTRY. The Alabama Credential Registry, which is a virtual repository of state competency and credential data. (5) TRANSPARENCY. The availability of de-identified data about credentials as linked, open, and interoperable data aligned with widely recognized standards.
Ala. Code § 41-15-4 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-4
Section 41-15-4 Value for Which State Property to Be Insured; Annual Certification; Gap Coverage and Gap Plus Coverage; Survey of Public Property; Sale or Salvage of Insured Items
Status: in_force

(a) All covered property, unless otherwise provided in this section, shall be insured for no more than its replacement cost and shall be insured for no less than 80 percent of its actual cash value. Replacement cost coverage may be provided with an amount of insurance as agreed upon by the proper insuring authority and the risk manager based upon a written statement of values. Replacement cost shall be the cost to repair or replace property with comparable materials of like kind and quality by generally accepted construction methods or technology to serve the same function as the lost or damaged property. No payment for a loss shall exceed the limit of the policy.

(b) The officer or person having charge by law of insuring any public building, contents, machinery, and equipment shall annually certify to the Department of Finance the description and the value of all buildings, contents, machinery, and equipment under the supervision or control of the officer or person on forms prescribed by the department for the purpose of showing the character of the risk and determining the rate of premium. No coverage shall be issued unless such certificate is on file in the office of the Department of Finance or the director has waived, in writing, the filing of the same.

(c) Buildings, contents, machinery, and equipment owned by any county, city, or school district and used for school purposes, or under control of a board of education, or owned or under the control of the Alabama Community College System may be insured under this chapter. The risk manager, upon review and approval by the Finance Director, shall develop a program of coverage under the State Insurance Fund which provides, within reasonable limitations, for the use of gap coverage and gap plus coverage, to provide proceeds sufficient to allow a school building that has suffered an 80 percent or greater loss as a result of a covered peril to be reconstructed with materials superior to its original construction and in an increased size, if appropriate, based upon current construction standards and occupancy. The risk manager shall draft rules, guidelines, limitations, and coverage endorsements under which this program shall operate, and shall determine actuarially sound premiums to assess covered entities.

Additional premiums required for gap and gap plus coverage for participating systems shall be paid annually from the Public School Fund to the Department of Finance, Division of Risk Management. Distribution of the remaining Public School funds shall be pursuant to Section 16-13-234.

Gap coverage and gap plus coverage shall be mandatory for K-12 systems and public two-year institutions of postsecondary education with buildings that qualify under the terms of this program.

(1) For the purposes of this subsection, gap coverage is coverage that allows for improved construction type from an ISO of 1, 2, or 3 to an ISO of 4; allows for additional square footage in preapproved incremental amounts; and requires that building damages must exceed 80 percent or greater of the insured school building value as determined by State Insurance Fund adjusters, engineers, and other experts. For purposes of this subsection, the following construction ISO designations apply:

a. An ISO of 1 is a frame.

b. An ISO of 2 is masonry and wood roof supports or trusses, or both.

c. An ISO of 3 is pre-engineered metal.

d. An ISO of 4 is a steel frame and roof supports with a masonry exterior.

e. An ISO of 5 is a protected steel frame with a masonry exterior.

f. An ISO of 6 is a reinforced concrete.

(2) For the purposes of this subsection, gap plus coverage is coverage that allows the insured to select amounts of insurance for normally uncovered expenses including, but not limited to, a new preparation site if the building is not rebuilt on the same foundation, underground wiring, plumbing, paving, and other expenses. Gap plus coverage requires that building damages must exceed 80 percent of the insured school building value as determined by State Insurance Fund adjusters, engineers, and other experts. Gap plus coverage also requires that the maximum amount of coverage allowed for gap plus is 10 percent of the insured value of the destroyed building.

(d) The Department of Finance may cause to be surveyed, annually, if practicable, all public property coming within the provisions of this chapter, and the officer or person in charge of the public property shall receive a copy of such report. A survey shall be an examination of property for physical discrepancies, construction characteristics, usage, or occupancy.

(e) Notwithstanding any law to the contrary, the Department of Finance in adjusting a loss, at its option, may assume title, ownership, and possession of any insured item, including building materials, fixtures, furniture, machinery, and equipment, for which insured value has been paid, and may arrange for the salvage and sale thereof in whatever manner is deemed most advantageous to the State Insurance Fund, to which all sale proceeds shall be deposited. Alternatively, the Department of Finance may deduct the salvage value of the insured item from the payment to the owner of insurance proceeds arising from the loss of the insured item.
Ala. Code § 41-9A-1 — Alabama Code / Title 41 / Chapter 9A / Section 41-9A-1
Section 41-9A-1 Definitions
Status: in_force

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

(1) LICENSE. Any license, certificate, or other evidence of qualification that an individual is required to obtain before he or she may engage in or represent himself or herself to be a member of a particular profession or occupation. The term does not include certification by the Alabama Peace Officers’ Standards and Training Commission or driver licenses.

(2) OCCUPATIONAL LICENSING BOARD. Any state board, agency, commission, or other entity in this state which is established for the primary purpose of regulating the entry of individuals into, or the conduct of individuals within, or both, a particular profession or occupation, and which is authorized to issue licenses. The term does not include any state agency staffed by full-time state employees which, as a part of its regular functions, may issue licenses and does not include a board governed by Chapter 9, Chapter 23, or Chapter 24 of Title 34.
Ala. Code § 41-9-231 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-231
Section 41-9-231 Definitions
Status: in_force

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

”(1) ARCHITECTURALLY SIGNIFICANT BUILDING. A building located on public property that by its very nature, inherent design, or structure constitutes a monument.

”(2) COMMITTEE. The Committee on Alabama Monument Protection created by this article.

” (3) MEMORIAL SCHOOL. A K-12 or two-year postsecondary institution or facility that is located on public property and has been erected for, or named or dedicated in honor of, an event, a person, a group, a movement, or military service.

” (3) (4) MEMORIAL BUILDING. A building, structure, park, or other institution , other than a Memorial School, that is located on public property and has been erected for, or named or dedicated in honor of, an event, a person, a group, a movement, or military service.

” (4) (5) MEMORIAL STREET. A street that is located on public property and has been constructed for, or named or dedicated in honor of, an event, a person, a group, a movement, or military service.

” (5) (6) MONUMENT. A statue, portrait, or marker intended at the time of dedication to be a permanent memorial to an event, a person, a group, a movement, or military service that is part of the history of the people or geography now comprising the State of Alabama. The term does not include signage bearing historical or interpretive text, commonly known as a historical marker or wayside exhibit, or portraits or plaques installed by temporary means and not intended to be permanent at the time of installation.

” (6) (7) PUBLIC PROPERTY. All property owned or leased by the State of Alabama; any county, municipal, or metropolitan government in the state; or any other entity created by act of the Legislature to perform any public function.
Ala. Code § 41-10-458.2 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-458.2
Section 41-10-458.2 Issuance of Bonds - 2006 Authorization
Status: in_force

(a) Definitions. The following terms, whenever used in Act 2006-618, shall have the following respective meanings unless the context clearly indicates otherwise:

(1) “Authority” means Alabama Building Renovation Finance Authority established pursuant to the 1990 Act.

(2) “Bonds” (except where that word is used with reference to bonds issued under another act) means those bonds authorized to be issued pursuant to the authorization contained in Act 2006-618.

(3) “1990 Act” means Act No. 90-602 enacted at the 1990 Regular Session of the Legislature of Alabama, codified as Article 14 of Chapter 10 of Title 41.

(4) “1998 Act” means Act No. 98-245 enacted at the 1998 Regular Session of the Legislature of Alabama.

(b) In addition to those bonds authorized to be issued or refunded by the authority pursuant to the 1990 and 1998 Acts, the authority, acting pursuant to and exercising the powers granted to it by this article is hereby authorized to sell and issue its bonds in an aggregate principal amount not to exceed thirty million dollars ($30,000,000) for the purpose of the construction, renovation, reconstruction, improvement, alteration, addition, demolition, surfacing and resurfacing of land for parking and other uses to produce revenue, equipment, operation and maintenance of public office building facilities (including the State Capitol) and any other public office facility or improvement related thereto, paying the costs of such projects as shall be necessary or convenient, and paying the costs of issuance of the bonds.
Ala. Code § 41-10-307 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-307
Section 41-10-307 Powers of Authority
Status: in_force

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

(1) To have succession in its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid and until it shall have been dissolved as provided herein;

(2) To maintain actions and have actions maintained against it and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties thereof;

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

(4) To establish a fiscal year;

(5) To acquire and hold title to real and personal property and to sell, convey, mortgage, or lease the same as provided in this article;

(6) To provide for the construction, reconstruction, alteration, and improvement of facilities and for the procurement of sites and equipment for such facilities and for the lease thereof;

(7) 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;

(8) To anticipate by the issuance of its bonds, subject to the provisions of this article, the receipt of the rent and revenues from such facilities;

(9) As security for the payment of the principal of and interest on its bonds, to enter into any lawful covenant, to grant mortgages upon or security interests in its facilities, and to pledge the rents and revenues from such facilities;

(10) To appoint a bank or savings and loan association as a depositary for funds of the authority;

(11) To invest as provided in this article the proceeds from the sale of its bonds pending need therefor; and

(12) To appoint and employ such attorneys, agents, and employees as the business of the authority may require, subject to the Merit System where applicable.
Ala. Code § 41-2-1 — Alabama Code / Title 41 / Chapter 2 / Section 41-2-1
Section 41-2-1 General Description
Status: in_force

The boundaries of this state are established and declared to be as follows: Beginning at the point where the thirty-first degree of north latitude crosses the Perdido River; thence east to the western boundary line of the State of Georgia; thence along said line, to the southern boundary line of the State of Tennessee; thence west along the southern boundary line of the State of Tennessee, crossing the Tennessee River, and on to the second intersection of said river by said line; thence up said river to the mouth of Big Bear Creek; thence by a direct line to the northwest corner of Washington County, in this state, as originally formed; thence southerly along the line of the State of Mississippi to the Gulf of Mexico; thence eastwardly, including all islands within six leagues of the shore, to the Perdido River; and thence up the said river to the beginning.
Ala. Code § 41-9-167 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-167
Section 41-9-167 Use of Certain Refrigerants and Refrigerant-Equipped Products in Compliance with the National Clean Air Act
Status: in_force

(a) No provision of the state building code, or any municipal or county building code, or any other law or rule, may prohibit or otherwise limit the use of a substitute refrigerant or substitute refrigerant-equipped product that complies with the National Clean Air Act pursuant to 42 U.S.C. § 7671k and regulations adopted thereunder.

(b) Any heating, ventilation, air conditioning, or refrigeration equipment containing a refrigerant described in subsection (a) shall be listed and installed in accordance with all applicable safety standards and use conditions imposed pursuant to the designation.
Ala. Code § 41-9-715 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-715
Section 41-9-715 Perpetual Appropriation; Surplus Property
Status: in_force

(a) There is continuously appropriated out of funds in the State Treasury, not otherwise appropriated, the sum of not less than $200,000, for the operation of the commission, which funds shall be disbursed in accordance with a financial management system approved by the Legislative Council.

(b) The commission may accept any surplus property from other government agencies and shall be exempt from paying the surplus property surcharge of the Alabama Department of Economic and Community Affairs.
Ala. Code § 41-19A-3 — Alabama Code / Title 41 / Chapter 19A / Section 41-19A-3
Section 41-19A-3 Definitions
Status: in_force

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

(1) AGENCY. Any recipient of state funds.

(2) DIRECTED, DIRECTIVE, or DIRECTION. As used in this chapter refers to the exercise of control over the selection of projects or grants for which the expenditure of funds are made.

(3) LINE-ITEM APPROPRIATION. A separate reference in an appropriation bill to a proposed expenditure, which is certain as to the recipients and the amount with a general description of the expenditure.

(4) PASS-THROUGH APPROPRIATIONS. The expenditure of state funds by an agency at the explicit direction of a member of the Legislature, or a person acting on behalf of such member, if such expenditure is not for a purpose specified in a line-item appropriation. The expenditure of funds pursuant to Chapter 24 of Title 41, any federal or state grants or contracts awarded under federal or state guidelines or regulations, and any expenditures under Article 8, commencing with Section 29-2-121 of Chapter 2 of Title 29 shall not be considered pass-through appropriations. State funds transferred between state entities for the same program shall not be considered pass-through appropriations.
Ala. Code § 41-20-8 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-8
Section 41-20-8 Procedure for Review and Evaluation of Agencies - Zero-Based Review and Evaluation
Status: in_force

(a) In conjunction with the criteria enumerated in Section 41-20-7, one criterion which may be used in determining sufficient public need in such public hearings shall be a “zero-based review and evaluation.” A “zero-based review and evaluation” shall be a comprehensive review and evaluation to determine if the merits of the agency support continuation rather than termination and a finding as to what amounts of funding, if any, shall be authorized to produce correspondingly greater or lesser levels of responsibility and service output. Such a procedure shall necessitate the review and evaluation of all powers, duties, and functions which currently are exercised by the agency as well as any request for additions to said powers, duties, or functions when reviewing the sufficient public need of the agency.

(b) Said “zero-based review and evaluation” shall include, but not be limited to, the following factors:

(1) An identification of other agencies having the same or similar objective, along with a comparison of the cost and effectiveness of said agencies, and any duplication of the agency under review;

(2) An identification of any agency which has not received and expended state tax dollar revenues within a period of two years prior to said hearings;

(3) An examination of the extent to which the objectives of the agency have been achieved in comparison with the objectives as initially set forth in the enabling legislation and an analysis of any significant variance between projected and actual performance;

(4) A specification, to the extent feasible, in quantitative terms of the objectives of said agency for the next four years; and

(5) An examination of the impact of said agency on the economy of the state.
Ala. Code § 41-6A-6 — Alabama Code / Title 41 / Chapter 6A / Section 41-6A-6
Section 41-6A-6 Rulemaking Power; Scope of Rules
Status: in_force

The department may, after appropriate notice and public hearing, upon request, promulgate reasonable rules consistent with the laws of this state, for the following purposes:

(1) To ensure the department will, for the purpose of planning and policy formulation, be able to obtain all necessary information from state agencies, and information from energy producers, suppliers and consumers that is not required to be submitted to other state government agencies;

(2) To ensure that energy conservation measures shall be practiced by state government; and

(3) To establish such advisory groups that from time to time may be beneficial to the department.
Ala. Code § 41-15A-6 — Alabama Code / Title 41 / Chapter 15A / Section 41-15A-6
Section 41-15A-6 Definitions; Duties of Board
Status: in_force

(a) As used in this chapter, the following words shall have the following meanings, respectively:

(1) BOARD. The Board of Control of the Penny Trust Fund, which shall consist of the following officials or their designees and the following representatives:

a. The Governor.

b. The State Treasurer.

c. The State Health Officer.

d. The State Superintendent of Education.

e. The State Auditor.

f. A member to be appointed by the Governor from one of Alabama’s historically black colleges and universities, whose term on the board shall end when the appointing Governor’s term ends.

g. A member to be appointed by the Governor from a non-profit health-related agency, organization, or health-related community action agency, whose term on the board shall end when the appointing Governor’s term ends.

(2) EARNINGS. Ninety percent of the prior fiscal year’s earnings of the Penny Trust Fund.

(b) The duties of the board shall include, but not necessarily be limited to, the following:

(1) Elect a chairperson and a secretary of the board from among its membership. Service as the chairperson and secretary shall be for the term of service to which the individual was elected.

(2) Review and approve the proposals by the governing authority of the Department of Public Health and the State Superintendent of Education for the expenditure of its portion of proceeds from the Penny Trust Fund and, if desirable, offer comments and suggestions on the expenditure of the funds.

(3) Develop and approve an investment policy.

(4) Notify the State Superintendent of Education and the State Health Officer once annually of the amount of funds eligible for payment from the Penny Trust Fund.
Ala. Code § 41-13-4 — Alabama Code / Title 41 / Chapter 13 / Section 41-13-4
Section 41-13-4 Assistance of Public Officials in Preserving, Filing, Etc., of Public Records by Department of Archives and History
Status: in_force

The Department of Archives and History may examine into the condition of public records and shall at the request of the custodian thereof give advice and assistance to any public official in the solution of his or her problems of preserving, filing, and making available the public records in his or her custody.
Ala. Code § 41-6-3 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-3
Section 41-6-3 Board of Trustees of Department - Composition
Status: in_force

(a) The department shall be under the control of the Board of Trustees of the Department of Archives and History, which shall consist of one member from each congressional district and the additional members selected pursuant to subsection (b).

(b) Two additional at-large members shall be selected and an additional member shall be selected from each U.S. Congressional District. The additional members shall be selected by the board of trustees and their names shall be communicated to the Senate not later than the fifth legislative day of the 2004 Regular Session of the Legislature. Newly selected members shall be confirmed by the Senate in the same manner as vacancies filled pursuant to Section 41-6-4. The board of trustees shall select three of the new members to serve initial terms of two years, three of the new members to serve initial terms of four years, and three of the new members to serve initial terms of six years. All successor members shall serve terms of six years and shall be selected as provided in Section 41-6-4.

(c) The membership of the board of trustees shall be inclusive and shall reflect the racial and gender diversity of the state.
Ala. Code § 41-19A-5 — Alabama Code / Title 41 / Chapter 19A / Section 41-19A-5
Section 41-19A-5 Duty to Report
Status: in_force

The director, assistant director, executive assistant, or any similar direct subordinate of any agency shall have an affirmative duty to report to his or her superior, or in the case of an agency director, the Governor of Alabama and the Alabama Ethics Commission, any explicit directives regarding a pass-through appropriation and the agency director shall submit a copy of the report to the legislator involved and the presiding officer of each house.
Ala. Code § 41-28-1 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-1
Section 41-28-1 Office of Secretary
Status: in_force

There is in state government the Office of Information Technology, which shall be headed by the Secretary of Information Technology who shall also be known as the Chief Information Officer of the state.
Ala. Code § 41-10-102 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-102
Section 41-10-102 Remedies Upon Default on Bonds, Etc
Status: in_force

(a) Remedies upon default on bonds or indenture. If there shall be any default in the payment of the principal of or interest on any of the bonds issued under this article, or in the performance of any provisions of the indenture or proceedings authorizing the issuance of such bonds, then the holder of any of the bonds and the interest coupons applicable thereto and the trustee under such indenture or any one or more of them shall have and may exercise any one or more of the following remedies:

(1) They may by civil action, mandamus, injunction, or other proceeding compel the performance of all duties of the officers and directors of the corporation with respect to the use of funds for the payment of the bonds and for the performance of the bonds and the agreements of the corporation contained in the bonds, the indenture or in the proceedings under which they were issued;

(2) They may institute a civil action and shall be entitled to a judgment against the corporation for the principal of and interest on the bonds so in default;

(3) They shall be entitled, regardless of the sufficiency of the security for the bonds in default and as a matter of right, to the appointment of a receiver to operate, administer and maintain the project out of the rent, revenues, and income from which the bonds so in default are payable, with power to lease the project and the various parts thereof and to fix and collect rents therefor and to fix and collect charges and fees for exhibitions and contests conducted therein sufficient to provide for the payment of the principal of and interest on the bonds and any other obligations outstanding against the project or the revenues therefrom and for the payment of the expense of operating and maintaining the project and to apply the rent, revenues, and income so collected to the court costs and expenses of the receivership and as provided in the indenture;

(4) They may foreclose any mortgage, conditional sale or lien upon the project or any part thereof provided in the indenture under which such bonds were issued and cause the project to be sold, either with or without court proceedings, either by the trustee or by the creditors or by their attorneys, or, if foreclosure is by court proceedings, by such official as the court may designate. The trustee or any holder of any of the bonds or coupons or any creditor may become a purchaser at any such foreclosure sale; and

(5) They may exercise any right or remedy, including the possession, operation and leasing of the project by the trustee under the indenture, as may be provided in the indenture.

(b) Remedies upon default in lease agreement. If there be any default by the municipality, county, state, or any public corporation or state agency in the payment of any installment of rent or the performance of any agreement required to be made or performed by them under the provisions of any lease agreement, the corporation and the trustee under any indenture or either of them shall have and may exercise any one or more of the following remedies:

(1) They may by mandamus, injunction, or other proceedings, compel performance by the officials of such lessee of their duties respecting payment of the rentals required to be paid and the performance of the agreements on the part of such lessee required to be performed under any such lease agreement;

(2) They shall be entitled to a judgment against such lessee for all monetary payments required to be made by such lessee under the provisions of such lease agreement with respect to which the lessee is then in default;

(3) They may terminate the lease and take possession of the project or part thereof leased to such lessee; and

(4) They may exercise any other remedy provided for in such lease.

(c) Remedies provided by section cumulative. The remedies specified in this section shall be cumulative to all other remedies which may otherwise be available to or for the benefit of the holders of the bonds and the coupons applicable thereto or the corporation as lessor of a project or any part thereof.
Ala. Code § 41-10-231 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-231
Section 41-10-231 “Authority” Defined
Status: in_force

The word “authority” as used throughout this article shall mean “The Africatown, U.S.A. Historic Preservation Authority” unless the context clearly intends a different meaning.
Ala. Code § 41-23-233 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-233
Section 41-23-233 Disqualification from Receipt of Grants, Loans, Etc.; Recapture Demands; Waiver
Status: in_force

(a) Except as provided in subsection (c), an employer that appears on a list compiled by the director pursuant to Section 41-23-232 is ineligible to receive from the state or any political subdivision of the state any grant, loan, or tax credit until five years after the date on which the employer relocated the call center.

(b) Except as provided in subsection (c), if an employer appears on a list compiled under Section 41-23-232, the director shall recapture from the employer an amount equal to the unamortized value of any grant, loan, or tax credit that the employer received from the state or any political subdivision of the state on or after September 1, 2019. The employer shall pay the recapture amount to the director within 30 days of receiving the recapture demand.

(c) The director may waive the disqualification provided for in subsection (a) if the employer applying for the grant, loan, or tax credit demonstrates that one or more of the following will happen if the grant, loan, or tax credit is not provided:

(1) Substantial job loss in the state.

(2) Harm to the environment of the state.

(3) A significant economic impact to the state.
Ala. Code § 41-9-454 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-454
Section 41-9-454 Expenditure of Appropriations and Other Funds
Status: in_force

The board may spend all legislative appropriations made for the use of the board and may expend funds donated or contributed for its support.
Ala. Code § 41-10-635 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-635
Section 41-10-635 Dissolution
Status: in_force

At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the directors of the authority and sworn to by each director before an officer authorized to take acknowledgments to deeds. Upon the filing of the application for dissolution, the authority shall cease to exist. The Secretary of State shall file and record the application for dissolution in an appropriate book of record in his or her office, and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved, and shall record the certificate with the application for dissolution. Title to all property held in the name of the authority shall be vested in the state upon dissolution of the authority.
Ala. Code § 41-9-195 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-195
Section 41-9-195 Council to Provide Initial Report to Governor and Legislature; Contents
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 § 41-4-151 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-151
Section 41-4-151 Standards and Use of Specifications
Status: in_force

(a) The Chief Procurement Officer, by rule, may set standards for the preparation, maintenance, and content of specifications for supplies or services required by the state.

(b) The Chief Procurement Officer shall monitor the use of specifications for supplies or services required by a purchasing agency.

(c) The Chief Procurement Officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications.

(d) All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the state’s needs and shall not be unduly restrictive.

(e) Specifications may be prepared by persons other than state employees when necessary. The Chief Procurement Officer shall exercise diligence to assure that any third party who prepares specifications or requirements does not have a conflict of interest or an unfair competitive advantage in any subsequent procurement. Vendors that participate in the drafting of specifications for the state shall disclose the same on its vendor disclosure statement required by Section 41-16-82.
Ala. Code § 41-10-658 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-658
Section 41-10-658 Construction of Division
Status: in_force

This division being remedial in nature, it shall be liberally construed to effect its purpose.
Ala. Code § 41-9-603 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-603
Section 41-9-603 Effect of Article Upon Other Provisions of Law, Etc
Status: reserved

(a) In the event of conflict, this article shall, to the extent of the conflict, supersede all conflicting parts of existing statutes which regulate, control or otherwise relate, directly or by implication, to the collection, storage, and dissemination or usage of fingerprint identification, offender criminal history, uniform crime reporting and criminal justice activity data records or any conflicting parts of existing statutes which relate, directly or by implication, to any other provisions of this article.

(b) The provisions of this article shall not alter, amend or supersede the statutes and rules of law governing the collection, storage, dissemination or usage of records concerning individual juvenile offenders in which they are individually identified by name or other means until such time as the Alabama Legislature provides legislation permitting the collection, storage, dissemination or usage of records concerning individual juvenile offenders.

(c) All laws or parts of laws which conflict with this article are hereby repealed. No part of this article shall violate provisions of Article 8 of Chapter 4 of Title 41 of this code, Article VI of the Constitution of Alabama of 2022 or Chapter 1 of Title 44 of this code.
Ala. Code § 41-23-20 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-20
Section 41-23-20 Short Title; Legislative Findings and Purpose
Status: reserved

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

This article shall be cited as the “Alabama Enterprise Zone Act.”

The Legislature of Alabama hereby 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 and that there are certain depressed areas in the state that need the particular attention of government to help attract private sector investment into these areas. Therefore, it is declared to be the purpose of this article to stimulate business and industrial growth in the depressed areas of the state, both in urban and rural areas, by the relaxation of certain governmental controls, by providing assistance to businesses and industries, and by providing state and local tax and nontax incentives in these areas.
Ala. Code § 41-1-7 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-7
Section 41-1-7 Issuance of Securities in Fully Registered Form Without Coupons
Status: in_force

(a) The state, and each county, municipality, board of education, political subdivision, public instrumentality, public corporation, or other public entity howsoever identified, which is authorized by law to issue bonds, warrants, notes, certificates of indebtedness or other securities howsoever identified is hereby further authorized to issue any such securities in fully registered form without coupons.

(b) This law shall not repeal any existing law which authorizes the issuance of securities in any other form but no such existing law shall be construed to prohibit the issuance of securities in the form permitted by subsection (a) hereof or to require that securities be issued in any form other than that permitted hereby.
Ala. Code § 41-9-649 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-649
Section 41-9-649 Implementation of National Instant Criminal Background Check System; Rules and Policies
Status: in_force

All transfers or purchases of firearms conducted by a licensed importer, licensed manufacturer, or licensed dealer shall be subject to the National Instant Criminal Background Check System (NICS) created by the federal “Brady Handgun Violence Prevention Act” (P.L. No. 103-159), the relevant portion of which is codified at 18 U.S.C. §922 (t). To the extent possible, all information from any state or local government agency that is necessary to complete an NICS check shall be provided to ALEA. The commission shall adopt rules and policies necessary to implement a complete NICS check. The commission shall also ensure that all information received shall be used solely for the purposes of compliance with NICS and every effort is made to protect the privacy of this information. Prior to the adoption of rules pursuant to this section, all proposed rules shall go through the privacy and security committee of the commission which shall seek consultation from the President of the Probate Judges’ Association and the Commissioner of the Department of Mental Health and consumer advocates as recommended by the commissioner.
Ala. Code § 41-9-219.3 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-219.3
Section 41-9-219.3 Application for Designation as a Qualified Equity Investment
Status: in_force

(a) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and eligible for tax credits under this article shall apply to the department. The qualified community development entity shall submit an application on a form that the department provides that includes all of the following:

(1) The name, address, tax identification number of the entity, and evidence of the entity’s certification as a qualified community development entity.

(2) A copy of any allocation agreement executed by the entity, or its controlling entity, and the Community Development Financial Institutions Fund.

(3) A certificate executed by an executive officer of the entity attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund.

(4) A description of the proposed amount, structure, and purchaser of the equity investment or long-term debt security.

(5) The name and tax identification number of any taxpayer eligible to utilize tax credits earned as a result of the issuance of the qualified equity investment.

(6) Information regarding the proposed use of proceeds from the issuance of the qualified equity investment.

(7) A nonrefundable application fee of five thousand dollars ($5,000). This fee shall be paid to the department and shall be required of each application submitted.

(b) The department shall review the application and shall independently verify that the above requirements in subsection (a) have been met.

(c) Within 60 days after receipt of a completed application containing the information necessary for the department to certify a potential qualified equity investment, including payment of the application fee, the department shall grant or deny the application in full or in part. If the department denies any part of the application, it shall inform the qualified community development entity of the grounds for the denial. If the qualified community development entity provides any additional information required by the department and otherwise completes its application within 15 days of the notice of denial, the application shall be considered completed as of the original date of submission. If the qualified community development entity fails to provide the information or complete its application within the 15-day period, the application shall remain denied and shall be resubmitted in full with a new submission date.

(d) If the application is deemed complete, the department shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for tax credits under this section, subject to the limitations contained in Section 41-9-219.2. The department shall provide written notice of the certification to the qualified community development entity. The notice shall include the names of those taxpayers who are eligible to utilize the credits and their respective credit amounts. If the names of the taxpayers who are eligible to utilize the credits change due to a transfer of a qualified equity investment or a change in an allocation pursuant to Section 41-9-219.1, the qualified community development entity shall notify the department of the change.

(e) The department shall establish a date on which it shall first accept applications to certify qualified equity investments which shall be no later than September 1, 2012. The department shall certify applications in the order applications are received by the department. Applications received on the same day shall be deemed to have been received simultaneously. For applications received on the same day and deemed complete, the department shall certify, consistent with remaining tax credit capacity, qualified equity investments in proportionate percentages based upon the ratio of the amount of qualified equity investment requested in an application to the total amount of qualified equity investments requested in all applications received on the same day.

(f) Once the department has certified qualified equity investments that, on a cumulative basis, equal the total allowable tax credits under Section 41-9-219.2, the department may not certify any more qualified equity investments. If a pending request cannot be fully certified, the department shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial credit.

(g) Within 90 days after receiving notice of certification, the qualified community development entity shall issue the qualified equity investment in the amount of the certified amount. The qualified community development entity shall provide the department with evidence of the receipt or issuance of the qualified equity investment, or both, within 30 business days after receipt or issuance, or both. If the qualified community development entity does not issue the qualified equity investment within 180 days following receipt of the certification notice, the certification shall lapse and the entity may not issue the qualified equity investment without reapplying to the department for certification. A certification that lapses shall revert to the department and may be reissued only in accordance with the application process outlined in this section.
Ala. Code § 41-10-278 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-278
Section 41-10-278 Presumption of Validity of Bonds and Publication of Notice Thereof; Civil Action Challenging Validity
Status: in_force

Any resolution authorizing any bonds hereunder shall contain a recital that they are issued pursuant to the provisions of this article, which recital shall be conclusive evidence that said bonds have been duly authorized pursuant to the provisions of this article, notwithstanding the provisions of any other law now in force or hereafter enacted or amended. Upon the passage of any resolution providing for the issuance of bonds under the provisions of this article, the authority may, in its discretion, cause to be published once in each of two consecutive weeks in a newspaper published and having general circulation in the City of Montgomery a notice in substantially the following form (the blanks being first properly filled in):

Alabama Judicial Building Authority, a public corporation in the State of Alabama, on the _____ day of _____, 20__, adopted a resolution providing for the issuance of _____ dollars principal amount of bonds of said authority. Any action or proceeding questioning the validity of said resolution or said bonds or the pledge and agreements made in said resolution for the benefit thereof, or the proceedings under which said bonds, pledge and agreements were authorized, must be commenced within twenty days after the first publication of this notice.

Any civil action or proceeding in any court seeking to set aside or invalidate a resolution providing for the issuance of bonds under the provisions of this article or to contest the validity of any such bonds, or the validity of any pledge or agreement made therefor, must be commenced within 20 days after the first publication of said notice. After the expiration of 20 days following such first publication, no right of action or defense founded upon the validity of the resolution or other proceedings, if any, or of the bonds, or of the pledge or agreements, shall be asserted. In the event of such publication the validity of such resolution, proceedings, bonds, pledge, or agreements shall not be open to question in any court upon any ground whatever, except in a civil action or proceeding commenced within such period. Any such action and any action to protect or enforce any rights under the provisions of this article shall be brought in the Circuit Court of Montgomery County.
Ala. Code § 41-10-764 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-764
Section 41-10-764 Dissolution
Status: in_force

At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the directors of the authority and sworn to by each director before an officer authorized to take acknowledgments to deeds. Upon the filing of the application for dissolution, the authority shall cease to exist. The Secretary of State shall file and record the application for dissolution in an appropriate book of record in his or her office, and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved, and shall record the certificate with the application for dissolution. Title to all property held in the name of the authority shall be vested in the state upon dissolution of the authority.
Ala. Code § 41-14A-8 — Alabama Code / Title 41 / Chapter 14A / Section 41-14A-8
Section 41-14A-8 Contingent Liability
Status: in_force

Every qualified public depository that is solvent shall guarantee public depositors against loss caused by the default or insolvency of other qualified public depositories according to the terms of this chapter and shall enter into an agreement of contingent liability with the State Treasurer on behalf of the Loss Payment Fund, which agreement shall be in a form which is prescribed or approved by the board of directors, and which, when executed, shall become a part of the official records of the SAFE Program. The qualified public depository shall submit to the State Treasurer evidence that the depository’s contingent liability agreement has been approved by the board of directors or other governing body of the qualified public depository and shall become a part of the official records of the qualified public depository.
Ala. Code § 41-10-806 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-806
Section 41-10-806 Alabama Innovation Fund - Created
Status: in_force

(a)(1) For the benefit of the state and the residents thereof, there is created an irrevocable fund named the Alabama Innovation Fund, which shall be funded from all of the following sources:

a. Proceeds of any gifts, grants, or contributions.

b. Revenue sources as directed by, and at the discretion of, the Legislature.

c. Appropriations as directed by, and at the discretion of, the Legislature.

d. Investment income.

e. Any other lawful sources.

(2) The fund shall be administered in accordance with this article. All revenues received by the fund shall be deposited in the fund upon receipt, shall be invested by the board in a manner consistent with this article, and shall be withdrawn and expended by the corporation for the purposes of this article in a manner consistent with the powers granted to the corporation by this article.

(b) The fund shall be under the management and control of the board, and all powers necessary or appropriate for the management and control of the fund shall be vested solely in the board.
Ala. Code § 41-14A-11 — Alabama Code / Title 41 / Chapter 14A / Section 41-14A-11
Section 41-14A-11 Liability of Public Depositors and the State
Status: in_force

(a) When public deposits are made in accordance with this chapter, no public depositor shall be liable for any loss thereof resulting from the default or insolvency of any qualified public depository in the absence of negligence, malfeasance, misfeasance, or nonfeasance on the part of the public depositor, or its agents or employees.

(b) Under no circumstance shall this state, or any state agency or any covered public entity, be liable for all or any portion of any loss resulting from the default or insolvency of a qualified public depository.
Ala. Code § 41-9-297 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-297
Section 41-9-297 Theft or Disturbance of a Cultural Resource
Status: in_force

(a) A person commits the crime of theft or disturbance of a cultural resource protected by the commission if the person does either of the following:

(1) Intentionally and knowingly removes, alters, disturbs, or destroys any cultural resource without the prior written authorization of the commission by permit or contract.

(2) Knowingly buys, receives, conceals, aids in the concealment of, or possesses any illegally obtained cultural resources.

(b) Intentional and knowing theft or disturbance of a cultural resource having a value of less than one thousand dollars ($1,000) shall constitute a Class A misdemeanor and be punishable, upon conviction, as provided by law.

(c) Intentional and knowing theft or disturbance of a cultural resource with a value of one thousand dollars ($1,000) or more shall constitute a Class C felony and shall be punishable, upon conviction, as provided by law.
Ala. Code § 41-4-135 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-135
Section 41-4-135 Award of Supply or Service Contracts Without Competition
Status: in_force

A contract may be awarded for a supply or service without competition when the Chief Procurement Officer determines in writing that there is only one source for the required supply or service. In any event, sole source contracts may not exceed one year unless the Chief Procurement Officer determines in writing that there continues to be only one source for the required supply or service.
Ala. Code § 41-9-832 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-832
Section 41-9-832 Function and Purpose of Board; Election to Alabama Turkey Hunters Hall of Fame
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-10-233 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-233
Section 41-10-233 Africatown, U.s.a. State Park Established; Description of Boundaries
Status: in_force

There is hereby established in the City of Prichard, Alabama, the Africatown, U.S.A. State Park to recognize the significance of Africatown, U.S.A. in American history and culture and to commemorate African heritage in the United States of America, with boundaries described as follows: All that portion of the southeast quarter and the southwest quarter of the northeast quarter of section 18, township 3 south, range 2 west, located south of Chickasawbogue Creek, excepting that part of the southeast quarter located east of the west line of the Basil Chastang claim.

Beginning at the southeast corner of section 18, township 3 south, range 2 west, thence run westerly a distance of 350 feet along the south line of said section 18 to a point; thence run north 12 deg 09′ east, a distance of 1,663 feet to the point of beginning of the parcel of land herein conveyed; thence run south 45 deg 00′ east along the south line of lot 1 in the Basil Chastang claim a distance of approximately 1,050 feet to the point of intersection with the east line of the right of way of the Alabama Power Company; thence run northeasterly along the east line of this right of way to its intersection with the south edge of Chickasawbogue Creek; thence run westerly along the south edge of Chickasawbogue Creek to a point where the south edge of Chickasawbogue Creek intersects the east line of section 18, township 3 south, range 2 west; thence run south along the said east line of section 18 a distance of approximately 700 feet to a point; thence run north 12 deg 09′ east a distance of approximately 50 feet to the point of beginning. All of the aforesaid being a portion of lot 1 in the Basil Chastang claim as recorded in the office of the Judge of Probate of Mobile County, Alabama, in Deed Book 128 N.S., Page 3, and all of fractional southwest quarter of section 18, township 3 south, range 1 west. The aforesaid parcels of land contain 150 acres, more or less.
Ala. Code § 41-27-62 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-62
Section 41-27-62 Disciplinary Actions
Status: in_force

(a) If a towing and recovery service violates a rule adopted by the Alabama State Law Enforcement Agency as required in Section 41-27-61, the agency may administer any disciplinary action provided for by agency rules governing rotation towing services, including the assessment of fines for violations, not to exceed five hundred dollars ($500) per violation.

(b) Any determination or order by the agency under this section may be appealed in accordance with the Alabama Administrative Procedure Act.
Ala. Code § 41-10-96 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-96
Section 41-10-96 Security for Payment of Principal and Interest on Bonds
Status: in_force

The principal of and interest on the bonds shall be secured by a pledge of the rent, revenues, and income out of which the bonds shall be made payable and by a pledge of any lease agreements covering the project or any part thereof from which the rent, revenues and income so pledged shall be derived and may be secured by an indenture covering such project. The trustee under an indenture may be a trust company or bank having trust powers, whether located within or without the state. The indenture may contain any agreements and provisions customarily contained in instruments securing evidences of indebtedness, including, without limiting the generality of the foregoing, provisions respecting the collection, segregation, and application of the rent, revenues, and income from any project covered by such indenture, the terms to be incorporated in the lease agreements respecting such project or any part thereof, the maintenance and insurance of such project, the creation and maintenance of special funds from the rent, revenues, and income of such project and the rights and remedies available in the event of default to the holders of the bonds or the trustee under the indenture as the board shall deem advisable and as shall not be in conflict with the provisions of this article.
Ala. Code § 41-27-43 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-43
Section 41-27-43 Hearing and Administrative Resolution Procedures
Status: in_force

The agency shall provide by rule a hearing procedure and procedures for the administrative resolution of the notice of assessment. The rules shall provide that the hearing shall be conducted by a driver license hearing officer or other hearing officer appointed by its agency. The hearing may be informal and the sole issue shall be whether the motor vehicle being operated at the time of the motor vehicle incident was in compliance with the Mandatory Motor Vehicle Liability Insurance Law. The appeal shall not be a contested case under the Alabama Administrative Procedure Act. The final order concerning the appeal may be reviewed in circuit court by the filing of a petition for review within 35 days after the final order is issued in the original appeal.
Ala. Code § 41-1-22 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-22
Section 41-1-22 Penalties Waived for Good Faith Attempt
Status: in_force

To allow for possible late payments due to unexpected problems arising at financial institutions, federal reserve facilities, the automated clearing house system, or state agencies where it is proven that a good faith attempt was made and due diligence was exercised to initiate payment correctly and on a timely basis, the administering state agency is specifically authorized to waive all penalties, interest, or disallowed discount on late payments for a period not to exceed two business days following the due date of the payment.
Ala. Code § 41-4-142 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-142
Section 41-4-142 Vendors, Contractors, and Affiliates to Comply with State and Local Tax Requirements; Certification
Status: in_force

(a) For the purpose of this section, the following terms shall have the respective meanings ascribed by this section:

(1) AFFILIATE. A related party as defined in subsection (b) of Section 40-23-190 as that provision exists on January 1, 2004.

(2) STATE DEPARTMENT OR AGENCY. Every state office, department, division, bureau, board, or commission of the State of Alabama.

(b) A state department or agency may not contract for the purchase or lease of supplies from a vendor, contractor, or an affiliate of a vendor or contractor, unless that vendor, contractor, and all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama are properly registered, collecting, and remitting Alabama state and local sales and use tax, or simplified sellers use tax, and lease tax, as provided for by Article 4 of Chapter 12 of Title 40 and Articles 1, 2, and 4 of Chapter 23 of Title 40, or by any local act or ordinance.

(c) Each vendor, contractor, or affiliate of a vendor or contractor that is offered a contract to do business with a state department or state agency shall be required to certify that the vendor or affiliate is appropriately registered to collect and remit sales and use tax, or simplified sellers use tax and lease tax as required by this section and submit to that state department or agency certification required by the Alabama Department of Revenue.

(d) Every bid submitted and contract executed by the state shall contain a certification by the bidder or contractor that the bidder or contractor is not barred from bidding for or entering into a contract under this section and that the bidder or contractor acknowledges that the contracting state agency may declare the contract void if the certification completed is false.

(e) Each vendor or contractor that sells or leases supplies to a state department or agency, and each affiliate of that vendor or contractor that makes sales for delivery into Alabama, shall be required to collect and remit the Alabama sales and use tax, or simplified sellers use tax, and lease tax on all its sales and leases into the state.
Ala. Code § 41-9-1081 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1081
Section 41-9-1081 Definitions
Status: in_force

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-281.
Ala. Code § 41-9-742 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-742
Section 41-9-742 Election of Members
Status: in_force

Amended and renumbered as §38-3-22 by Act 2008-398, p. 787, §3, effective May 16, 2008.
Ala. Code § 41-10-314 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-314
Section 41-10-314 Investment of Trust Funds in Bonds of Authority
Status: in_force

Any trust fund, where the investment thereof is permitted or required by law, may be invested in bonds issued by the authority. Unless otherwise directed by the court having jurisdiction thereof or the document which 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 the bonds of the authority.
Ala. Code § 41-9-453 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-453
Section 41-9-453 Solicitation and Acceptance of Donations, Contributions, Etc.; Exemption from Taxation of Property, Income, Etc., of Board and Gifts Thereto
Status: in_force

The board may solicit and accept donations, contributions, and gifts of money and property, and all gifts made to the board shall be exempt from all taxation in Alabama. All property, money, income, resources, and activities of the board shall likewise be exempt from taxation.
Ala. Code § 41-10-260 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-260
Section 41-10-260 Definitions
Status: in_force

The following terms, wherever used in this article, shall have the following respective meanings unless the context clearly indicates otherwise:

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

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

(3) BONDS. When used with reference to debt instruments issued by the authority, means bonds, notes, and other forms of indebtedness.

(4) DIVISION OF CONSTRUCTION MANAGEMENT OF THE DEPARTMENT OF FINANCE. The Building Commission created by Act No. 128 adopted at the 1945 Regular Session of the Legislature of the state, and any successor agency thereto.

(5) CHIEF JUSTICE. The Chief Justice of the Supreme Court of the State of Alabama.

(6) GOVERNMENT SECURITIES. Any 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).

(7) JUDICIAL FACILITIES. One or more buildings, and the site or sites therefor, to be constructed and acquired in the City of Montgomery, Alabama and designed primarily for the use by the Unified Judicial System, including the Supreme Court of the State of Alabama, the Court of Criminal Appeals, the Court of Civil Appeals, the State Law Library, and the Administrative Office of Courts, and any equipment and other facilities necessary or useful in connection with such building(s), including courtrooms, conference rooms, library facilities, educational facilities, furnishings, offices, file rooms, parking facilities, and the like.

(8) PERMITTED INVESTMENTS.

a. Government securities;

b. Bonds, debentures, notes, or other evidences of indebtedness issued by any of the following agencies, to the extent that such obligations are secured by the full faith and credit of the United States of America: 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, the bonds, debentures, participation certificates or notes of which are unconditionally guaranteed by the United States of America;

c. 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;

d. 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 Corporation and at least “Aa” by Moody’s Investors 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 or the Federal Savings and Loan Insurance Corporation, provided that, to the extent such time deposits exceed available federal deposit insurance, such time deposits are fully secured by obligations described in paragraphs a., b., c. and e. above, which at all times have a market value (exclusive of accrued interest) at least equal to such bank time deposits so secured, including interest, and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard & Poor’s Corporation for structured financings;

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 (exclusive of accrued interest) at least equal to the purchase price of such repurchase agreements and 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 Corporation 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 Corporation and at least “Aa” by Moody’s Investors Service.

(9) STATE. The State of Alabama.

(10) UNIFIED JUDICIAL SYSTEM. The Unified Judicial System of the state as constituted at the time of the adoption of this article or at any time subsequent thereto.

(11) Pronouns when used in this article shall include all applicable genders.
Ala. Code § 41-10-52 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-52
Section 41-10-52 Purpose of Article; Construction of Article
Status: in_force

It is the intention of the Legislature by the passage of this article to authorize the incorporation of the Director of Finance, the Secretary of the Alabama Department of Commerce, the State Treasurer, and the Executive Secretary to the Governor for the purpose of acquiring land for and erecting, constructing, maintaining and operating thereon a products market, exhibition halls, buildings and other related structures and facilities in Jefferson County, Alabama, where products and goods may be displayed to encourage the buying and selling of such products and goods, to encourage the expansion of existing industries in Alabama, to encourage the location of new industries in Alabama and to foster and encourage the growth of the general economy of Alabama, through a corporation to be composed of said officials whose incorporation is hereby authorized and to vest such corporation with all powers, authorities, rights, privileges, and titles that may be necessary to enable it to accomplish such purpose.

This article shall be liberally construed in order to effect the said purpose.
Ala. Code § 41-10-81 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-81
Section 41-10-81 Definitions
Status: in_force

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

(1) CORPORATION. A corporation organized pursuant to the provisions of this article.

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

(3) STATE. The State of Alabama.

(4) COUNTY. That county in the state which authorized the organization of the corporation.

(5) MUNICIPALITY. The incorporated cities or towns located in the county which authorized the organization of the corporation.

(6) PUBLIC CORPORATION. Any public corporation now or hereafter organized or created in the state pursuant to the authorization or determination by the municipality or by the municipality and any one or more other cities and towns in the state or by the county or by the county and any one or more counties in the state.

(7) STATE AGENCY. Any public corporation now or hereafter organized or created in the state pursuant to the authorization or determination of the legislature of the state or any of its boards or agencies which are separate corporate entities from the state and from any of the counties or municipalities in the state and the debts of which are not debts of the state or any county or any municipality within the meaning of Sections 213, 224, or 225 of the constitution of the state.

(8) GOVERNING BODY. The county commission in which jurisdiction over the affairs of the county is vested by law.

(9) PROJECT. Any buildings and other improvements and facilities located or to be located within the municipality or within its police jurisdiction and designed for use as a products market, exhibition hall or coliseum where products and goods may be displayed to encourage the buying or selling thereof or where exhibits, contests and sporting events may be conducted, together with any lands deemed by the board to be desirable in connection therewith.

(10) BOND. Any bond authorized to be issued pursuant to the provisions of this article, including refunding bonds.

(11) COUPON. Any interest coupon evidencing an installment of interest payable with respect to a bond.

(12) INDENTURE. A mortgage, an indenture of mortgage, deed of trust, trust agreement, or trust indenture executed by the corporation as security for any bonds.
Ala. Code § 41-10-36 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-36
Section 41-10-36 Definitions
Status: in_force

Unless the context requires otherwise, the terms defined in this section shall have the following meanings for purposes of this division:

(1) AFFECTED BOND. Any obligation or portion thereof which is required under the terms of the code to receive an allocation of the state ceiling as a condition for the exclusion of interest on such obligation from the gross income of the recipient thereof for federal income tax purposes.

(2) ALLOCATION. An allocation of a portion of the state ceiling issued by the authority pursuant to the provisions of this division.

(3) APPLICATION. An application for an allocation, submitted by an issuer under the provisions of this division.

(4) APPLICATION FOR CARRYFORWARD ALLOCATION. Any application filed with the authority seeking an elective carryforward of unused limitation for a “carryforward purpose” as defined in Section 146(f)(5) of the code.

(5) AUTHORITY. The State Industrial Development Authority, a public corporation of the state, organized and existing under Act No. 662, enacted at the 1965 Regular Session of the Legislature of Alabama.

(6) CARRYFORWARD ALLOCATION. An elective carryforward of state ceiling for a “carryforward purpose” which may be granted by the authority under the provisions of Section 41-10-39 and Section 146(f) of the code.

(7) CODE. The Internal Revenue Code of 1986, as amended, including any successor provision to any code section or subsection referred to herein.

(8) EXEMPT FACILITY BOND. Any obligation described as such in Section 142(a) of the code, other than bonds, the proceeds of which are to be used to provide airports or docks and wharves within the meaning of Sections 142(a)(1) and 142(a)(2), respectively, and includes any obligation issued to finance air and water pollution control facilities under the provisions of Section 103(b)(4)(F) of the Internal Revenue Code of 1954, as amended, to the extent permitted under any transitional or effective date provision of the code.

(9) ISSUER. The state, any agency or instrumentality of the state and any county, municipality, or public corporation authorized by or pursuant to the constitution or laws of the state to issue affected bonds.

(10) LOCAL ISSUER. Any issuer which is a county, municipality, or public corporation organized by or pursuant to approval by a county or municipality (or pursuant to approval by two or more counties or municipalities or both) and which is authorized by or pursuant to the constitution or laws of the state to issue affected bonds.

(11) MANUFACTURING FACILITY. Any facility which is used in the manufacturing or production of tangible personal property (including processing resulting in a change in the condition of such property), and includes any facility devoted to an activity described in Standard Industrial Classification (SIC) Code Major Groups 20 through 39, or to agricultural activities, and further includes office facilities related to the foregoing so long as such office facilities are located on the premises of the manufacturing facility to which they are related.

(12) PRIVATE ACTIVITY BOND has the same meaning as that specified for such term in Section 141(a) of the code.

(13) QUALIFIED MORTGAGE BOND has the same meaning as that specified for such term in Section 143(a)(1)(A) of the code.

(14) QUALIFIED REDEVELOPMENT BOND has the same meaning as that specified for such term in Section 144(c) of the code.

(15) QUALIFIED RESIDENTIAL RENTAL PROJECT has the same meaning as that specified for such term in Section 142(d) of the code.

(16) QUALIFIED SMALL ISSUE BOND has the same meaning as that specified for such term in Section 144(a) of the code.

(17) QUALIFIED STUDENT LOAN BOND has the same meaning as that specified for such term in Section 144(b) of the code.

(18) REMAINING STATE CEILING. The total state ceiling for calendar year 1988, less the amount thereof which, as of September 27, 1988, has been allocated by the Governor of the state pursuant to the provisions of Executive Order No. 22 of the Governor, and less the amount thereof which, as of September 27, 1988, has been allocated to, or otherwise used by, local issuers for the issuance of affected bonds issued prior to September 27, 1988. The amount of the remaining state ceiling shall be determined by the authority pursuant to Section 41-10-38(b)(2).

(19) STATE. The State of Alabama.

(20) STATE CEILING. The maximum principal amount of affected bonds permitted to be issued in the state during a calendar year under the provisions of Section 146 of the code. Under the provisions of the code in effect on September 27, 1988, based upon the most recent estimate of the population of the state made by the Bureau of Census, the state ceiling for calendar year 1988 is $201,050,000. In the event that the provisions of Section 146 of the code are amended subsequent to September 27, 1988, or upon the publication by the Bureau of Census of revised estimates of the population of the state from time to time, the amount of the state ceiling available for allocation hereunder shall be revised in accordance with the provisions of Section 146 of the code.
Ala. Code § 41-14A-14 — Alabama Code / Title 41 / Chapter 14A / Section 41-14A-14
Section 41-14A-14 Audit by Examiner of Public Accounts
Status: in_force

The SAFE Program shall be audited annually by the Examiners of Public Accounts to ensure that collateral is being maintained to secure public deposits in amounts that are consistent with the requirements of this chapter. The Program Enforcement Fund shall also be audited annually by the Examiners of Public Accounts.
Ala. Code § 41-4-112 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-112
Section 41-4-112 Good Faith Requirement
Status: in_force

This article requires all parties involved in the negotiation, performance, or administration of state contracts to act in good faith. Good faith means honesty in fact in the conduct or transaction concerned.

(1) This article applies to contracts solicited and entered into after October 1, 2022.

(2) Except as otherwise provided in this article, this article applies to every expenditure of public funds by a governmental body of this state under a contract for supplies or services.

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

a. Gifts, grants, or contracts between state agencies, between state agencies and political subdivisions, or between the state and other governments.

b. All expenditures of funds of whatever nature made by or on behalf of the county commissions and the governing boards of instrumentalities of counties, including waterworks boards, sewer boards, gas boards, and other like utility boards, and commissions for which procurement activities are currently governed by Article 3, commencing with Section 41-16-50, of Chapter 16.
Ala. Code § 41-9-620 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-620
Section 41-9-620 Commission to Provide for Uniform Crime Reporting System
Status: in_force

The commission shall provide for a uniform crime reporting system for the periodic collection and analysis of crimes reported to any and all criminal justice agencies within the state. The collection of said data and the time for submission of said data shall be subject to the commission’s regulation-making authority.
Ala. Code § 41-1-44 — Alabama Code / Title 41 / Chapter 1 / Section 41-1-44
Section 41-1-44 Liberal Construction
Status: in_force

This article shall be liberally construed to effect its purpose.
Ala. Code § 41-6A-8 — Alabama Code / Title 41 / Chapter 6A / Section 41-6A-8
Section 41-6A-8 Advisory Council Created; Membership; Officers; Meetings; Compensation; Term
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-10-210 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-210
Section 41-10-210 Exemption from Usury and Interest Laws
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-9-1000 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1000
Section 41-9-1000 Creation; Composition
Status: in_force

There shall be created and established as herein provided a board to be designated and known as the Alabama Military Hall of Honor. The membership of the board shall be the Governor of the State of Alabama, who will serve as the permanent chair; the President of Marion Military Institute, who will serve as the permanent vice chair; the Adjutant General of the Alabama National Guard; the Commander of the Alabama Veterans of Foreign Wars; the Commander of the Alabama American Legion; the Commander of the Alabama Department of the Order of the Purple Heart; the Director of the Alabama Department of Archives and History; the President of the Alabama Press Association; the Command Sergeant Major of the Alabama National Guard; and the senior active duty officer on duty in Alabama and the retired officer presently living in the State of Alabama from the United States Army, United States Marine Corps, United States Navy, United States Air Force, and United States Coast Guard with retired seniority determined by the date of last active duty rank. The board may at its discretion add the commander or other titled leader of other Alabama Veterans’ organizations as standing members of the board. There shall also be five additional members appointed to the board by the Governor. Of the first group of five appointed under this article, two shall be appointed for a term of one year; two shall be appointed for a term of two years; and one shall be appointed for a term of three years. After these initial terms expire, each successor shall serve four-year terms. Members appointed to fill vacancies shall serve for the remainder of the term filled. The board shall meet semiannually and at such other times as its rules and bylaws may prescribe. A quorum for all meetings shall be a majority of those present and voting.

The continuation of the board shall result from choices made by the board to fill all vacancies as they occur because of rotation, resignation, or incapacitation. The board shall have full and final right of choosing succeeding members.
Ala. Code § 41-4-53 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-53
Section 41-4-53 Comptroller - Restrictions on Drawing Warrants in Favor of Defaulters
Status: in_force

The Comptroller must not give any public defaulter any warrant for moneys due him or her from the state, except the balance which is due after the application of the amount due from the state to the extinguishment of the debt, interest, and damages, if any are given by law, due from such defaulter.
Ala. Code § 41-9-940 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-940
Section 41-9-940 Short Title
Status: in_force

This article shall be known and may be cited as the “Alabama Legislative Commission on Total Quality Government Act of 1994.”
Ala. Code § 41-22-12 — Alabama Code / Title 41 / Chapter 22 / Section 41-22-12
Section 41-22-12 Notice and Opportunity for Hearing in Contested Cases; Contents of Notice; Power of Presiding Officer to Issue Subpoenas, Discovery and Protective Orders; Procedure Upon Failure of Notified Party to Appear; Presentation of Evidence and Argument; Right to Counsel; Disposition by Stipulation, Settlement, Etc.; Contents of Record; Public Attendance at Oral Proceedings; Recordings and Transcripts of Oral Proceedings
Status: in_force

(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail, return receipt requested. However, an agency may provide by rule for the delivery of such notice by other means, including, where permitted by existing statute, delivery by first class mail, postage prepaid, to be effective upon the deposit of the notice in the mail. Delivery of the notice referred to in this subsection shall constitute commencement of the contested case proceeding.

(b) The notice shall include:

(1) A statement of the time, place, and nature of the hearing;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the particular sections of the statutes and rules involved; and

(4) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

(c) In a contested case, on motion of a party, the presiding officer conducting the hearing may issue subpoenas, discovery orders related to relevant matters, and protective orders in accordance with the rules of civil procedure. The agency may set a reasonable fee by rule for the issuance of a subpoena to be paid by the moving party. Process issued pursuant to this subsection shall be enforced by a court in the same manner as process issued by the court. This subsection shall not apply to proceedings before the State Ethics Commission.

(d) If a party fails to appear in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, proceed with the hearing and make a decision in the absence of the party.

(e) Opportunity shall be afforded all parties to respond and present evidence and argument on all material issues involved and to be represented by counsel at their own expense. Provided, where the statutory determinative process is a multi-level or multi-step procedure, the opportunity to present evidence need be afforded the parties at only one level or step in the determination process, unless otherwise provided by statute establishing such determination process.

(f) Unless precluded by statute, informal dispositions may be made of any contested case by stipulation, agreed settlement, consent order, or default or by another method agreed upon by the parties in writing.

(g) The record in a contested case shall include:

(1) All pleadings, motions, and intermediate rulings;

(2) All evidence received or considered and all other submissions; provided, in the event that evidence in any proceeding may contain proprietary and confidential information, steps shall be taken to prevent public disclosure of that information;

(3) A statement of all matters officially noticed;

(4) All questions and offers of proof, objections, and rulings thereon;

(5) All proposed findings and exceptions;

(6) Any decision, opinion, or report by the hearing officer at the hearing; and

(7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case unless such memoranda or data is protected as confidential or privileged; provided, if such memoranda or data contains information of a proprietary and confidential nature, it shall be protected by the agency from public disclosure.

(h) Oral proceedings shall be open to the public, unless private hearings are otherwise authorized by law. Oral proceedings shall be recorded either by mechanized means or by qualified shorthand reporters. Oral proceedings or any part thereof shall be transcribed at the request of any party with the expense of the transcription charged to the requesting party. The recording or stenographic notes of oral proceedings or the transcription thereof shall be filed with and maintained by the agency for at least five years from the date of decision and shall be made available for inspection by the public, except in those cases where private hearings are authorized by law, or where the proceedings shall be ordered sealed by order of court, or are required to be sealed by statute.

(i) Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record.
Ala. Code § 41-10-398 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-398
Section 41-10-398 Authority to Have No Proprietary Interest in Intellectual Property
Status: in_force

The authority and its employees shall have no proprietary interest or property right in any product, process, idea, concept, or procedure subject to protection under a copyright, patent, or trade secret law, which was developed, invented or discovered through the utilization of its supercomputer and associated resources.
Ala. Code § 41-10-674 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-674
Section 41-10-674 Authorization to Issue Bonds
Status: in_force

(a) General. The authority is authorized from time to time to sell and issue the bonds in one or more series in an aggregate principal amount of up to one hundred three million seven hundred sixty thousand dollars ($103,760,000) in order to provide the funds to pay project costs, ancillary costs and training costs. In addition, proceeds of the bonds in an amount up to four million six hundred fifty-five thousand dollars ($4,655,000) shall be used to pay the cost of reconstructing and improving the flood levee located in Elba, Alabama and proceeds in an amount up to five million eight hundred ten thousand dollars ($5,810,000) shall be used to pay the cost of reconstructing and improving the flood levee located in Geneva, Alabama. Of the proceeds of the bonds an amount up to seven hundred sixty thousand dollars ($760,000) shall be allocated for the acquisition of high technology and audio-visual equipment for an advanced aerospace training facility for Boeing.

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

(c) Security for the bonds. The principal of and interest on the bonds shall be secured by a pledge of the pledged revenues on a parity of lien with the pledge thereof in favor of all other bonds previously issued by the authority. The resolution under which the bonds are authorized by the authority to be issued and any trust indenture may contain any agreements and provisions respecting the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit for whom any such instrument is made and the rights and remedies available in the event of default as the authority shall deem advisable.

(d) General provisions respecting form, sale, and execution of the bonds. All bonds shall be issued and executed in the form and in the manner set forth in the Enabling Act. The bonds shall be sold only at public sale or sales, based on sealed bids received either electronically or on paper, after such advertisement as may be prescribed by the authority, to the bidder whose bid reflects the lowest true interest cost to the state computed to the respective maturities of the bonds sold; provided, however, that if no bid deemed acceptable by the authority is received, all bids may be rejected and the authority subsequently may re-offer the bonds for competitive sale.

(e) State Treasurer as registrar, transfer agent, and paying agent. The State Treasurer shall be registrar, transfer agent, and paying agent for the bonds and shall have the power to appoint any financial institution as depository for such proceeds. The State Treasurer may designate named individuals who are employees of the state and who are assigned to the State Treasurer’s office to authenticate the bonds.

(f) Trustee for the pledged revenues. The authority shall appoint a financial institution having general trust powers to serve as trustee for the bondholders with authority to hold the pledged revenues and to administer any indenture funds including, without limitation, any debt service reserve fund that may be necessary for the issuance of the bonds. Any such trustee shall at all times be the same as the trustee for all other outstanding bonds issued by the authority.
Ala. Code § 41-9-1062 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1062
Section 41-9-1062 Compensation; Expenses
Status: in_force

Each citizen member of the commission shall receive the same daily expense, mileage, and travel allowance for each day he or she attends a commission meeting as authorized for state employees attending state business. Each legislator serving on the commission shall receive his or her regular legislative compensation, per diem, and travel expenses for each day he or she attends a meeting of the commission. Upon requisitions signed by the chair of the commission, these payments shall be paid out of any funds appropriated to the use of the commission by means of warrants drawn by the state Comptroller on the State Treasury. Notwithstanding the foregoing, no legislative member shall receive additional compensation or per diem for a meeting day on the commission when he or she attends a regular or special legislative session meeting day or legislative committee meeting day, or if a member is being paid any other payments on the same dates for attendance on other state business. Members of the commission who are state officials, other than legislative members, shall receive no compensation for their service on the commission, but may be reimbursed for expenses from funds appropriated to or otherwise available to their respective departments or agencies.
Ala. Code § 41-4-157 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-157
Section 41-4-157 Printing of Acts and Resolutions in Pamphlet Form - Paper; Type Size; Size of Pages
Status: reserved

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.
Ala. Code § 41-9-593 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-593
Section 41-9-593 Chairman and Vice-Chair; Meetings; Recordkeeping; Compensation and Expenses
Status: in_force

(a) The commission shall elect from its membership a chair and a vice-chair at the October meeting who shall serve for a period of one year beginning the following year on January 1. The vice-chair shall act in the place of the chair in his or her absence or disability. If a new chair and vice-chair are not elected at the October meeting, the current chair and vice-chair shall remain in place until successors are elected at the next meeting.

(b) The commission shall meet at such times as designated by the commission or by the chair at the state capital or at other places as is deemed necessary or convenient, but the chair of the commission shall call a meeting four times a year at the state capital or main location of ALEA in the months of January, April, July, and October. The chair of the commission may also call a special meeting of the commission at any time he or she deems it advisable or necessary. A quorum shall be a simple majority of the voting commission membership or their designees, and all matters coming before the commission shall be voted on by the commission.

(c) The commission shall keep or cause to be kept a record of all transactions discussed or voted on by the commission.

(d) Members of the commission and their designees shall serve without compensation; except, that payment of their expenses may be paid in accordance with the applicable state travel regulations.
Ala. Code § 41-10-355 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-355
Section 41-10-355 Members of Authority; Officers; Payment of Bonds of Authority; Quorum; Vacancies; Compensation; Record of Proceedings and Use Thereof as Evidence; Meetings
Status: in_force

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the president of the authority, the commissioner shall be the vice-president thereof, and the Director of Finance shall be the secretary thereof. The State Treasurer shall be treasurer of the authority, shall act as custodian of the funds of the authority, and shall pay the principal of and interest on the bonds of the authority out of the funds hereinafter provided for; provided, that the State Treasurer may designate one or more banks either within or without the state as the paying agent with respect to any series of bonds issued under this article. The members of the authority shall constitute all the members of the board of directors of the authority, and the presence of any three members of the directors shall constitute a quorum for the transaction of business. Should any person holding any office named in this section cease to hold office by reason of death, resignation, expiration of his or her term of office, or for any other reason, then his or her successor in office shall take his or her place as a member and officer of the authority. No member, officer, or director of the authority shall draw any salary in addition to that now authorized by law for any service he or she may render or for any duty he or she may perform in connection with the authority. All proceedings had and done by the directors shall be reduced to writing by the secretary of the authority, shall be signed by each of the directors, and shall then be recorded in a substantially bound book, which shall be kept in the office of the Director of Finance. Copies of such proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified. The board of directors of the authority shall meet at such times and upon such notice as it shall determine.
Ala. Code § 41-10-266 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-266
Section 41-10-266 Meetings of Board of Directors
Status: in_force

The board of directors of the authority shall meet at such times upon such notice as it shall determine.
Ala. Code § 41-10-886 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-886
Section 41-10-886 Amendments
Status: in_force

At any time, the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate may cause their application for formation to be amended by filing an amendment with the Secretary of State, which may cause its application for formation to be amended by having five of its members file an amendment with the Secretary of State, which shall be sworn to by each signatory thereto before a notary public.
Ala. Code § 41-16-55 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-55
Section 41-16-55 Effect of Agreements or Collusion Among Bidders in Restraint of Competition; Knowing Participation in Collusive Agreement; Penalties
Status: in_force

(a) Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement, to bid at a fixed price or to refrain from bidding or otherwise shall render the bids of the bidders void and shall cause the bidders to be disqualified from submitting further bids to the awarding authority on future purchases.

(b) Whoever knowingly participates in a collusive agreement in violation of this section involving a bid or bids of less than thirty thousand dollars ($30,000) shall be guilty of a Class A misdemeanor and, upon conviction, shall be punished as prescribed by law.

(c) Whoever knowingly and intentionally participates in a collusive agreement in violation of this section involving a bid or bids of thirty thousand dollars ($30,000) or more shall be guilty of a Class C felony, and upon conviction shall be punished as prescribed by law.
Ala. Code § 41-4-10 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-10
Section 41-4-10 Use of Funds in Sinking Fund - Purchase and Holding in Trust of State Bonds
Status: in_force

With the consent of the Governor, the funds in the sinking fund for retiring old bonded debt may be used from time to time by the Department of Finance for the purpose of purchasing and holding in trust in said fund bonds of the State of Alabama. It shall be the duty of the Department of Finance to see that the funds coming into any sinking fund are applied in satisfaction of the bonds against which said sinking fund was created.
Ala. Code § 41-29-6 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-6
Section 41-29-6 Effective and Operative Dates
Status: in_force

This chapter shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law and shall become operative in whole or in part on a date or dates determined by the Secretary of Commerce but in any event no later than October 1, 2016.
Ala. Code § 41-10-206 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-206
Section 41-10-206 Bonds
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 § 41-29-221 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-221
Section 41-29-221 Definitions
Status: in_force

For purposes of this division, unless the context otherwise requires, the following words and phrases shall have the following meanings:

(1) DIVISION. The Business Development Division of the Department of Commerce.

(2) DIRECTOR. The Director of the Alabama Small Business Office of Advocacy.

(3) OFFICE. The Alabama Small Business Office of Advocacy.

(4) SMALL BUSINESS. A small business, as defined in Section 25-10-3.
Ala. Code § 41-10-519 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-519
Section 41-10-519 Fees of Secretary of State
Status: in_force

There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation or dissolution of the authority.
Ala. Code § 41-15-6 — Alabama Code / Title 41 / Chapter 15 / Section 41-15-6
Section 41-15-6 Payment of Premiums Generally
Status: in_force

All premiums shall be paid to the Department of Finance, not later than 60 days from the effective date of such insurance or renewal thereof, by the treasurer or executive officer of the agency affected. Such funds shall be promptly transmitted to the State Treasurer, who shall place the same to the credit of the State Insurance Fund. Upon failure or refusal of any officer to comply with the provisions of this section with regard to the payment of premiums, the state Comptroller shall, when requested by the Director of the Department of Finance, deduct from any funds due or which may become due the delinquent amount of unpaid premiums and pay the same to the State Insurance Fund.
Ala. Code § 41-4-80 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-80
Section 41-4-80 Established; Functions and Duties
Status: in_force

There shall be in the Department of Finance a division of the budget. The functions and duties of the division of the budget shall be as follows:

(1) To prepare and administer the budget, and direct the execution thereof.

(2) To prepare a detailed tentative budget for every department, board, bureau, commission, agency, office and institution of the state, including those which employ special or earmarked funds, and all earmarked and special funds shall be included in the regular budget of each such department, board, bureau, commission, agency, office or institution.

(3) To make all budget allotments.

(4) To administer, enforce and supervise the execution of the budget, including the enforcement of penalties for the violation of any law, rule, or regulation with respect thereto.

(5) To perform all acts and duties required with respect to the budget by the provisions of this article.

(6) To furnish all information for and assist in the preparation of the general revenue bill and all appropriation bills.

(7) To prepare or make such comparisons, studies and reports as may be helpful in the preparation or execution of the budget or the making of budget allotments or as may be required from time to time by the Director of Finance or the Governor.

(8) To secure such information and data from any department, board, bureau, commission, agency, office, or institution of the state or any officer or employee thereof as may be needed or considered helpful in the preparation of the budget or any report, study, comparison, or other assignment of the division of the budget.

(9) To perform such other functions and duties of the Department of Finance as may from time to time be assigned by the Director of Finance.
Ala. Code § 41-9-883 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-883
Section 41-9-883 Expenditure of Appropriations and Other Funds
Status: in_force

The board may receive and spend all appropriations of public money made for the use of the board and may expend funds donated or contributed for its use.
Ala. Code § 41-10-402 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-402
Section 41-10-402 Liability Upon Contracts, Obligations, Etc., of Authority
Status: in_force

All contracts made and obligations incurred by the authority shall be solely and exclusively obligations of the authority and shall not create debts of the State of Alabama.
Ala. Code § 41-4-57 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-57
Section 41-4-57 Statement of Expenses of State Officers and Employees to Be Filed with Comptroller Before Warrant Issued
Status: in_force

All officers and employees who travel at the expense of the state or any of its departments, agencies, boards, bureaus, or commissions shall file with the Comptroller an itemized statement of all expenses incurred, including those for transportation, in connection with such travel at the expense of the state, agency, institution, board, bureau, or commission before any warrant shall issue for such expenses.
Ala. Code § 41-9-245 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-245
Section 41-9-245 Meetings Generally; Quorum; Organization and Procedure; Officers
Status: in_force

The commission shall hold an annual meeting at the Capitol building in Montgomery, and eight members of the commission shall constitute a quorum for the transaction of business. Additional meetings will be held at such times and places within the State of Alabama as may be considered necessary, desirable, or convenient upon call of the chair or, in the case of his or her absence or incapacity, of the vice-chair. However, by four-fifths vote of the commission, such meetings may be held outside the State of Alabama. The commission shall determine and establish its own organization and procedures in accordance with the provisions of this division and the general law. The commission shall elect a chair, a vice-chair, a secretary and a treasurer, and such officers shall hold office for a period of one year and until successors are elected.
Ala. Code § 41-9-251 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-251
Section 41-9-251 Cahawba Historical Site - Preservation, Operation, Etc
Status: in_force

The Cahawba Historical Site, a property on the National Register of Historic Places, Dallas County, Alabama, shall be under the jurisdiction and control of the Alabama Historical Commission, which shall have full authority to develop, renovate, preserve, maintain, operate, exhibit, and publicize the Cahawba Historical Site in accordance with the powers and responsibilities of the commission.
Ala. Code § 41-10-140 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-140
Section 41-10-140 Board of Directors; Appointment, Terms, Vacancies, Reappointment, Expenses, Removal, Etc
Status: in_force

Each authority shall be governed by a board of directors consisting of three directors, all of whom shall be persons of good moral character, duly qualified electors of the state, and residents of the area of operation of the authority. All powers of an authority shall be exercised by the board or pursuant to its authorization. If the area of operation of an authority shall be wholly within the corporate limits of any municipality, the directors of that authority shall be appointed by the governing body of that municipality. If the area of operation of an authority shall be wholly within a single county, the directors of that authority shall be appointed by the governing body of that county. If the area of operation of an authority shall be larger than any single county, the directors of that authority shall be appointed by the Governor. Whenever the appointment of directors of such an authority is required, the Governor shall notify the respective county governing bodies in writing of the authority and the number of directors to be appointed. The Governor may appoint as a director of the authority any person qualified to serve as such under the provisions of this article; provided, however, that the Governor shall notify the respective county governing bodies, in writing, 20 days prior to the appointment. The terms of the directors shall be staggered, the first term of one director being for two years from and after the date of his or her appointment, the first term of another director being for four years from and after the date of his or her appointment, and the first term of the remaining director being for six years from and after the date of his or her appointment; thereafter, the term of office of each director shall be for six years. Each director shall serve during his or her term of office, and until his or her successor is appointed and qualified. Vacancies on the board shall be filled by appointment by the governing body or the Governor having the power to make the appointment for the full term. Appointments to fill vacancies which occur during a regular term shall be for the unexpired term. Directors shall be eligible for reappointment. If the certificate of incorporation shall so provide, each director may be reimbursed by the authority for actual expenses incurred by him or her in and about the performance of his or her duties. Any director of an authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal from office of the officers mentioned in said Section 175.
Ala. Code § 41-9-637 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-637
Section 41-9-637 Obtaining and Dissemination of Identifying Data and Criminal Histories Generally - Convicted Persons
Status: in_force

Pertinent identifying data and historical criminal information may be obtained and disseminated on any person confined to any workhouse, jail, reformatory, prison, penitentiary, other penal institution, community corrections, or in custody pursuant to Section 15-18-8, having been convicted of an offense.
Ala. Code § 41-9-1060 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1060
Section 41-9-1060 Creation; Composition; Meetings. (Amended by Act 2026-327)
Status: in_force

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

(a) The Commission on Girls and Women in the Criminal Justice System is created.

(b) The commission shall be composed of all of the following members:

(1) Three members of each house, to be appointed by the presiding officer in each house. One member of each house shall be designated the co-chairperson of the commission.

(2) The Director of the Board of Pardons and Paroles or his or her designee.

(3) The Commissioner of the Department of Corrections or his or her designee.

(4) The Executive Director of the Alabama Department of Youth Services or his or her designee.

(5) The Commissioner of the Department of Human Resources or his or her designee.

(6) The Commissioner of the Department of Mental Health or his or her designee.

(7) The Executive Director of the Alabama Sentencing Commission or his or her designee.

(8) The State Health Officer of the Alabama Department of Public Health or his or her designee.

(9) The Chancellor of Postsecondary Education or his or her designee.

(10) The President of the Alabama Association of Community Corrections or his or her designee.

(11) The Deputy Commissioner of the Substance Abuse Division of the Department of Mental Health or his or her designee.

(12) The Executive Director of the Association of County Commissions of Alabama or his or her designee.

(13) A circuit court judge appointed by the Chief Justice of the Supreme Court of Alabama.

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

(15) A representative from the Alabama Coalition Against Domestic Violence.

(16) A representative from Aid to Inmate Mothers.

(17) A re-entry professional appointed by the Governor.

(18) Two members of the Alabama State Bar Association with experience relating to women’s legal issues, juvenile justice, or criminal justice appointed by the association president.

(19) An attorney specializing in criminal defense, appointed by the Alabama Association of Criminal Defense Lawyers.

(20) A district attorney, appointed by the District Attorney’s Association.

(21) A representative of the Alabama Women’s Resource Network.

(22) An adult recipient or family member of programs/services of the criminal or juvenile justice system appointed by the chair.

(23) The Executive Director of the Alabama Sheriff’s Association or his or her designee.

(24) The Executive Director of the Fraternal Order of Police or his or her designee.

(25) The Chair of the Alabama Juvenile Court Judges Association or his or her designee.

(26) The President of the Chief Juvenile Probation Officers Association or his or her designee.

(27) The State Superintendent of Education or his or her designee.

(c) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban and rural, and economic diversity of the state.

(d) Citizen members of the commission shall serve at the pleasure of the appointing authority.

(e) Initial legislative members of the commission shall be appointed after July 1, 2010. Thereafter, legislative members of the commission shall be appointed by the incoming President of the Senate and the incoming Speaker of the House of Representatives after the election of such officers for each legislative term. Legislative members shall serve a term concurrent with the legislative term of office.

(f) Legislative members of the commission may serve on the commission during the term for which appointed, and if reelected to the same house without break in service to that house, during the succeeding legislative term until a successor on the commission is appointed.

(g) Legislative vacancies shall be filled by the appointing authority who appointed the vacating member for the remainder of the vacated term.

(h) The commission shall meet for the purpose of organizing and electing such officers as it deems advisable, determining a quorum, adopting procedures for operations, and attending to such other matters as it deems appropriate by August 15, 2010. The date, time, and place of the first meeting shall be determined by the Speaker of the House of Representatives.
Ala. Code § 41-9-235 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-235
Section 41-9-235 Petition for Waiver; Emergencies; Violations; Judicial Review
Status: in_force

(a)(1) Any entity exercising control of public property on which an architecturally significant building, memorial building, memorial school, memorial street, or monument is located may petition the committee for a waiver from subsection (b) or subsection (c) of Section 41-9-232 through an application including, at a minimum, all of the following:

a. A resolution by the controlling entity seeking a waiver for the renaming of a memorial school or for the relocation, removal, alteration, renaming, or other disturbance of the architecturally significant building, memorial building, memorial street, or monument and the reasons therefor.

b. Written documentation of the origin of the architecturally significant building, memorial building, memorial school, memorial street, or monument, the intent of the sponsoring entity at the time of dedication, and any subsequent alteration, renaming, or other disturbance of the architecturally significant building, memorial building, memorial street, or monument.

c. Written commentary from any heritage, historical, genealogical, or preservation organizations with interest in the decision of the controlling entity, and from the general public.

d. A written statement of any facts that were not known at the time of the origin of the architecturally significant building, memorial building, memorial school, memorial street, or monument, but are known now, that the committee should consider in granting the waiver. The absence of such facts should serve as a presumption against the granting of a waiver by the committee.

(2)a. If the committee grants a waiver, the committee may provide reasonable conditions and instructions to ensure that the architecturally significant building, memorial building, memorial school, memorial street, or monument is restored or preserved to the greatest extent possible.

b. In the event there is a need for emergency repairs or construction at the site of or to the architecturally significant building, memorial building, memorial street, or monument or on adjacent property, the controlling entity may temporarily relocate or otherwise protect the architecturally significant building, memorial building, memorial street, or monument without seeking a waiver under the process provided in this section; provided the architecturally significant building, memorial building, memorial street, or monument shall be returned to its prior location or condition, or both, as soon as safely and reasonably possible, and no later than one year after the completion of the repair or construction. If the repair or construction is expected to take more than one year, the controlling entity shall seek a waiver under the process specified in this section.

c. If the committee fails to act on a completed application for a waiver within 90 days after the application is submitted to the committee, the waiver shall be deemed granted.

d. If the Attorney General determines that an entity exercising control of public property has renamed a memorial school or has relocated, removed, altered, renamed, or otherwise disturbed an architecturally significant building, memorial building, memorial street, or monument from that public property without first obtaining a waiver from the committee as required by this article, or failed to comply with the conditions and instructions issued by the committee upon the grant of a waiver pursuant to this section, the entity shall be fined twenty-five thousand dollars ($25,000) for each violation. The fine shall be collected by the Attorney General, forwarded by his or her office to the State Treasurer, and deposited into the Alabama State Historic Preservation Fund created in Section 41-9-255.

e. Judicial review of the final decision of the committee may be sought pursuant to the Alabama Administrative Procedure Act, Chapter 22 of this title.
Ala. Code § 41-7-1 — Alabama Code / Title 41 / Chapter 7 / Section 41-7-1
Section 41-7-1 Definitions; Department Created; Composition; Powers and Duties
Status: in_force

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

(1) BOARD. The Advisory Board of the Alabama Tourism Department.

(2) DEPARTMENT. The Alabama Tourism Department.

(3) DIRECTOR. The Director of Publicity of the Alabama Tourism Department.

(b) There is created the Alabama Tourism Department, hereinafter referred to as the department, composed of a Division of Records and Reports and such other divisions as the director determines to be necessary. Notwithstanding any other provision of law, whenever any act or section of this code, or other provision of law, refers to the State Bureau of Tourism and Travel, the reference shall be deemed a reference to the Alabama Tourism Department.

(c) The department, with the advice and assistance of the board provided for in Section 41-7-3, shall have exclusive power and authority to plan and conduct all state programs of information and publicity designed to attract tourists to the State of Alabama. It shall be the duty of the principal administrator of each department, board, commission, institution, agency and office, upon request, to assist the Director of Publicity in preparing news items of general interest relating to tourism.
Ala. Code § 41-27-40 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-40
Section 41-27-40 Definitions
Status: in_force

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

(1) AGENCY. The Alabama State Law Enforcement Agency.

(2) MANDATORY MOTOR VEHICLE LIABILITY INSURANCE LAW. Chapter 7A of Title 32.

(3) MOTOR VEHICLE INCIDENT. An incident involving the driver of a motor vehicle when a traffic citation was issued by a law enforcement officer or the driver of a motor vehicle was involved in an accident and an accident report was filed.
Ala. Code § 41-4-352 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-352
Section 41-4-352 Real Property Management Fund
Status: in_force

All user fees collected, direct appropriations, and other funds received under the provisions of this article shall be deposited into a revolving fund in the State Treasury designated as the Real Property Management Fund, and the Director of Finance is authorized to make deposits and expenditures from time to time from such fund to carry out the purposes of this article. All balances of revenue, income, and receipts remaining in the Real Property Management Fund at the end of the fiscal year shall carry over to the next fiscal year and shall not revert to the State General Fund or any other fund under the provisions of Section 41-4-93. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96 and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriations acts.
Ala. Code § 41-9-1033 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1033
Section 41-9-1033 Participant Requirements
Status: in_force

No person shall arrange, promote, organize, produce, or participate in a match, contest, or exhibition of professional boxing, professional bare knuckle boxing, professional wrestling, amateur mixed martial arts, or professional mixed martial arts unless he or she has complied with the following requirements:

(1) An examination by a physician who has certified that the boxer, bare knuckle boxer, or mixed martial arts competitor is physically fit to compete safely. Copies of each certificate shall be provided to the commission prior to the match, contest, or exhibition of professional boxing, professional bare knuckle boxing, amateur mixed martial arts, or professional mixed martial arts. The commission may require a boxer, bare knuckle boxer, tough man contestant, wrestler, or mixed martial arts competitor to undergo a physical examination, including neurological or neuropsychological tests and procedures.

(2) A physician approved by the commission shall be continuously present at ringside during every match, contest, or exhibition of professional boxing, professional bare knuckle boxing, tough man contest, professional wrestling, amateur mixed martial arts, or professional mixed martial arts. The physician shall observe the physical condition of the boxers, bare knuckle boxers, tough man contestants, wrestlers, or competitors in mixed martial arts and advise the referee with regard to the boxers, bare knuckle boxers, tough man contestants, wrestlers, or competitors.

(3) One or more inspectors appointed by the commission as duly authorized representatives of the commission shall be present at each match, contest, or exhibition of professional boxing, professional bare knuckle boxing, tough man contests, professional wrestling, amateur mixed martial arts, or professional mixed martial arts to ensure that the rules are strictly observed. An inspector or other duly authorized representative of the commission shall be present at the weigh-in and at the ring during the conduct of the match, contest, or exhibition of professional boxing, professional bare knuckle boxing, amateur mixed martial arts, or professional mixed martial arts. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the professional boxers, professional bare knuckle boxers, tough man contestants, and mixed martial arts competitors.

(4) Each boxer, bare knuckle boxer, tough man contestant, wrestler, or competitor in mixed martial arts shall be covered by health insurance that will cover injuries sustained during the match, contest, or exhibition of professional boxing, professional bare knuckle boxing, tough man contest, professional wrestling, amateur mixed martial arts, or professional mixed martial arts.

(5) An ambulance and medical personnel with appropriate resuscitation equipment shall be continuously present at the site during any match, contest, or exhibition of professional boxing, professional bare knuckle boxing, tough man contest, professional wrestling, amateur mixed martial arts, or professional mixed martial arts.
Ala. Code § 41-14-56 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-56
Section 41-14-56 Liability of State and Treasurer ; Delays in Payments
Status: in_force

(a) Neither the state nor the Treasurer shall be liable to any eligible lending institution in any manner for payment of the principal or interest on the linked deposit loan to an eligible borrower.

(b) Any delay in payments or any default on the part of the eligible borrower does not in any manner affect the linked deposit participation agreement between the eligible lending institution and the Treasurer.
Ala. Code § 41-9-186 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-186
Section 41-9-186 Duties
Status: in_force

It shall be the duty of the said board to consult with the Governor and the Director of the Alabama Department of Commerce, to advise the Governor of the industrial possibilities of the state and to furnish him or her with such information and studies as it deems desirable to accomplish a comprehensive program for the promotion of the commercial and industrial development of the state and the counties and municipalities thereof, and as the Governor may request. It shall also consult and advise in the facilitation of foreign investment and foreign industry location within the state, as the Governor may request.
Ala. Code § 41-4-159 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-159
Section 41-4-159 Printing of Acts and Resolutions in Pamphlet Form - Pamphlet Acts to Be Delivered in 10 Days; New Contract Upon Failure of Printer to Deliver
Status: reserved

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.
Ala. Code § 41-9-85.4 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-85.4
Section 41-9-85.4 Civil Action by Victim of Crime - Notice to Securities Commission
Status: in_force

Upon filing an action pursuant to subsection (a) of Section 41-9-85.3, the victim of a crime shall give notice to the Securities Commission of the filing by delivering a copy of the summons and complaint to the Securities Commission.
Ala. Code § 41-10-542 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-542
Section 41-10-542 Incorporation of Authority
Status: in_force

The Governor, the State Treasurer, and the Director of Finance may become a public corporation and public instrumentality of the state with the powers herein provided, by proceeding according to Section 41-10-543 hereof.