Ala. Code § 22-21-108 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-108
Section 22-21-108 Issuance of Securities - Execution and Delivery; Interest; Payment; Refunding; Status; Tax Exemption
Status: in_force

Securities of the hospital corporation may be executed and delivered by it at any time, and from time to time, shall be in such form and denomination and of such tenor and maturities, shall contain such provisions not inconsistent with this division and shall bear such rate or rates of interest payable and evidenced in such manner as may be provided by resolution of the directors of the hospital corporation providing for their issuance. Such securities shall be payable at such place or places, either within or without the state, as shall be prescribed in the resolution of the directors of the hospital corporation providing for their issuance. Such securities, and any interest coupons applicable thereto, shall be executed in such manner and shall be substantially in the form provided for in the authorizing resolution. Any securities issued by any hospital corporation may thereafter, at any time, whether before, at, or after maturity thereof, and from time to time be refunded by the issuance by sale or exchange of refunding securities. All bonds and notes issued by a hospital corporation shall be construed to be negotiable instruments although payable solely from a specified source. All securities issued by a hospital corporation, the income therefrom and all mortgages and other instruments executed as security therefor shall be exempt from all taxation in the State of Alabama.
Ala. Code § 22-14-20 — Alabama Code / Title 1 / Chapter 14 / Section 22-14-20
Section 22-14-20 Adoption of Rules Requiring Generators of Low-Level Radioactive Waste to Implement Best Management Practices as Condition of Access to Disposal Facilities
Status: in_force

The State Radiation Control Agency shall develop and adopt rules which require generator of low-level radioactive waste to implement best management practices, including prevention, minimization, reduction, segregation, and hole-for-decay storage, as a condition of access to a low-level radioactive waste disposal facility licensed by the State Radiation Control Agency or by the appropriate authority of a state which has compacted with Alabama to dispose of low-level radioactive waste generated in Alabama.
Ala. Code § 22-21-329 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-329
Section 22-21-329 Notice of Issuance of Securities; Limitation on Actions to Contest
Status: in_force

Any resolution authorizing any securities under this article may contain a recital that they are issued pursuant to the provisions of this article, which recital shall be conclusive evidence that such securities 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 adoption by the board of any resolution providing for the issuance of securities, the authority may, in its discretion, cause to be published, once a week for two consecutive weeks, in a newspaper then published in the county in which the principal office of the authority is located, or, if there is no such newspaper, then in a daily newspaper published in the state, a notice in substantially the following form, with any appropriate changes, to the extent applicable and with the blanks being properly filled in:

“_____, a public corporation and instrumentality under the laws of the state of Alabama, has authorized the issuance of $_____ principal amount of securities of the said authority to be dated _____, for purposes authorized in Act No. 82-418 enacted at the 1982 Regular Session of the legislature of Alabama. Any action or proceeding questioning the validity of the said securities, or the pledge [and any indenture] to secure the same, must be commenced within 20 days after the first publication of this notice.

[here insert name of the authority] ______________________ By _______________ Its Chairman”

Any action or proceeding in any court to set aside or question the validity of the proceedings for the issuance of the securities referred to in said notice or to contest the validity of any such securities, the validity of any pledge made therefor or the validity of any indenture with respect thereto must be commenced within 20 days after the first publication of such notice. After the expiration of the said period, no right of action or defense questioning or attacking the validity of the said proceedings, the said securities, any pledge herein authorized, or such indenture shall be asserted, nor shall the validity of the said proceedings, securities, pledge or indenture be open to question in any court on any ground whatsoever except in an action commenced within said period.
Ala. Code § 22-40-11 — Alabama Code / Title 1 / Chapter 40 / Section 22-40-11
Section 22-40-11 Construction and Administration of Chapter
Status: reserved

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
Ala. Code § 22-5B-4 — Alabama Code / Title 1 / Chapter 5B / Section 22-5B-4
Section 22-5B-4 Alabama Lifespan Respite Resource Network
Status: in_force

There is created the Alabama Lifespan Respite Resource Network as the statewide entity that shall do the following:

(1) Address issues relating to respite care in our state.

(2) Maintain a statewide system that facilitates the availability and use of high quality, cost-effective lifespan respite services that provide caregivers the break they need from caring for a loved one with disability or chronic illness.

(3) Develop and coordinate the Alabama Lifespan Respite Coalition.

(4) Work in collaboration with the eligible state agency and the Governor’s Office to access funding through the federal Lifespan Respite Care Act of 2006 (PL109-442).

(5) Identify statewide respite care providers.

(6) Maintain a directory of respite services in Alabama and link family caregivers with respite care providers and other types of respite-related programs.

(7) Provide technical assistance to community-based organizations and other entities that wish to develop a respite care program.

(8) Provide voucher respite funding to eligible primary caregivers as funds are available.

(9) Provide information and referral services.

(10) Provide an easy to access and/or interactive information avenue, such as a toll-free number or informational website like www.alabamarespite.org, to share current news about respite including new resources, training opportunities, and information for caregivers.

(11) Offer family caregiver training through partnership with other agencies or other organizations or advocacy groups.
Ala. Code § 22-30E-7 — Alabama Code / Title 1 / Chapter 30E / Section 22-30E-7
Section 22-30E-7 Criteria for Applicant Participation in Voluntary Cleanup Program
Status: in_force

(a) To qualify for participation in the voluntary cleanup program as provided in this chapter, an applicant shall not, unless granted a variance under subsection (b), be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the department with respect to the qualifying property.

(b) The department may promulgate rules and regulations to implement this section, including rules granting a variance from the eligibility requirements contained in subsection (a) pursuant to subdivision (7) of subsection (b) of Section 22-30E-4.
Ala. Code § 22-29-16 — Alabama Code / Title 1 / Chapter 29 / Section 22-29-16
Section 22-29-16 Custody of Moneys and Funds; Disposition of Same
Status: in_force

The State Treasurer shall have custody of all moneys or funds paid or delivered to the authority and shall establish a separate account for each project of each local public body, and such moneys or funds shall be dedicated and used solely for the payment of any grant by the authority for the state to such local public body or, in case the bonds of the authority shall have been issued to fund such grant, the payment of the principal of and interest on such bonds, the expenses of such payment and any reserve fund required for such bonds by the authorizing resolution; provided, that if there shall be any surplus funds on deposit in said fund to the credit of the project of a local public body, then, upon application by such local public body, the State Treasurer may make cash expenditures from such account for any such project to the extent that moneys are available therefor in any fiscal year of the authority after there shall have been first set aside therein funds sufficient to provide the principal maturing and interest and reserve fund payments coming due in the ensuing fiscal year on the then outstanding bonds which have been issued to contribute to the cost of any prior project or projects of that particular local public body.
Ala. Code § 1-2-3 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-3
Section 1-2-3 Official Coat of Arms - Use
Status: in_force

The official coat of arms of the State of Alabama shall be placed above the speaker’s stand in each house of the Alabama Legislature, in the office of the Governor of the state, in the Department of Archives and History and any other department or institution, and shall be used for any other purpose conforming with the dignity of the coat of arms of the state upon approval of the Governor.
Ala. Code § 22-28-22 — Alabama Code / Title 1 / Chapter 28 / Section 22-28-22
Section 22-28-22 Proceedings Upon Violation of Chapter; Penalties; Subpoenas; Injunctions
Status: in_force

(a) Any person who knowingly violates or fails or refuses to obey or comply with this chapter, or any rule or regulation adopted thereunder, or knowingly submits any false information under this chapter, or any rule or regulation thereunder, including knowingly making a false material statement, representation, or certification, or knowingly rendering inaccurate a monitoring device or method, upon conviction, shall be punished by a fine not to exceed ten thousand dollars ($10,000) for the violation and an additional penalty not to exceed ten thousand dollars ($10,000) for each day thereafter during which the violation continues and may also be sentenced to hard labor for the county for not more than one year.

(b) Any local air pollution control program operating pursuant to subsection (b) of Section 22-28-23 may enforce violations of the local air pollution control program and its rules and regulations in the same manner described in subsection (a) of this section.

(c) Any duly designated employee of the commission, including any hearing officer, may administer oath to witnesses and may conduct hearings or investigations, and any such duly designated employee of the commission may sign and issue subpoenas requiring persons to appear before him or her or the commission to give testimony and requiring the production of any papers, books, accounts, payrolls, documents, or records. The commission, through its designated officers, shall have the power to serve subpoenas upon any person by sending a copy of the subpoena through the United States mail, postage prepaid, registered or certified, with return receipt attached, and the service shall be complete when the registered or certified mail is delivered to the person and the receipt is returned to the commission or its designated employee, signed by the person being subpoenaed. Obedience to a subpoena issued by the commission or any person authorized and designated by the commission to issue a subpoena may be enforced by application to any judge of the circuit court of the county in which the subpoena was issued or to the judge of any circuit court in which the person subpoenaed resides in the same manner as is provided by law for the grand jury of a county to enforce its subpoenas and with the same penalty as provided for the failure of any person failing or refusing to comply with a subpoena.
Ala. Code § 22-17-4 — Alabama Code / Title 1 / Chapter 17 / Section 22-17-4
Section 22-17-4 Water Connections and Waste Disposal
Status: in_force

The owner and manager of every barber, manicure and beauty shop shall provide for regular use in the said shop hot and cold water connections and sewer connections complying with the ordinances of the municipalities in which they are situated; provided, that in communities and localities in which public water supplies under pressure and public sewers are not available, an adequate supply of hot water and waste disposal satisfactory to the county health officer shall be provided.
Ala. Code § 11-2-24 — Alabama Code / Title 1 / Chapter 2 / Section 11-2-24
Section 11-2-24 Requirement of Additional Bonds for County Officers Whose Terms Extended - When Bond to Be Given; Effect of Failure to Give Bond and Proceedings Thereupon
Status: reserved

Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
Ala. Code § 11-22-3 — Alabama Code / Title 1 / Chapter 22 / Section 11-22-3
Section 11-22-3 Application for Authority to Incorporate; Resolution of Approval; Incorporation of More Than One Corporation
Status: in_force

Whenever any number of natural persons, not less than three, shall file with the governing body of any county of this state an application in writing for authority to incorporate in such county a public corporation under the provisions of this chapter, and shall set forth in said application a brief description of the project to be acquired or improved by such corporation, and if it shall be made to appear to such governing body that each of said persons is a duly qualified elector of and owner of property in said county and if the governing body of said county shall adopt a resolution which shall be duly entered upon the minutes of such governing body wherein it shall be found and determined that there is a public need for the proposed project, that it is wise, expedient, necessary, or advisable that such a corporation be formed and that the persons filing said application shall be authorized to proceed to form such corporation, then said persons shall proceed to organize such corporation by executing, acknowledging, and filing a certificate of incorporation as herein provided. No corporation shall be formed unless the application provided for herein shall be made and unless the resolution provided for herein shall be adopted; provided, that the inadequacy of the description of the proposed project in the application for incorporation shall not affect the validity of the incorporation of such corporation. The granting of authority for the incorporation of one public corporation under this chapter shall not preclude the granting of authority by the governing body of the same county for the incorporation of other public corporations hereunder; provided, that such other public corporations shall be required to adopt a name or designation sufficient to distinguish them from any public corporation theretofore incorporated by such county under this chapter.
Ala. Code § 11-14-8 — Alabama Code / Title 1 / Chapter 14 / Section 11-14-8
Section 11-14-8 Payment to Cities or Towns for Improvements to Sidewalks and Streets Around, Etc., County Buildings - Ratification of and Discharge from Liability for Prior Payments
Status: in_force

The county treasurer or other person exercising the functions of county treasurer of every county who has heretofore paid county money to any city or town for public improvements around or abutting any lot or block occupied by buildings belonging to such county is hereby released, relieved, and discharged from any and all liability for any and all sums of money so paid, and all payments heretofore made for such improvements by any county are hereby ratified and confirmed.
Ala. Code § 1-2-22 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-22
Section 1-2-22 State Championship Horse Show
Status: in_force

The Alabama State Championship Horse Show is hereby designated as the official state championship horse show of Alabama.
Ala. Code § 1-1-1 — Alabama Code / Title 1 / Chapter 1 / Section 1-1-1
Section 1-1-1 Meaning of certain words and terms
Status: in_force

The following words, whenever they appear in this Code, shall have the signification attached to them in this section unless otherwise apparent from the context:

(1) PERSON. The word "person" includes a corporation as well as a natural person.

(2) WRITING. The word "writing" includes typewriting and printing on paper.

(3) OATH. The word "oath" includes affirmation.

(4) SIGNATURE or SUBSCRIPTION. The words "signature" or "subscription" include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing.

(5) LUNATIC, INSANE or NON COMPOS MENTIS. The words "lunatic" or "insane" or the term "non compos mentis" include all persons of unsound mind.

(6) PROPERTY. The word "property" includes both real and personal property.

(7) REAL PROPERTY. The term "real property" includes lands, tenements and hereditaments.

(8) PERSONAL PROPERTY. The term "personal property" includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances.

(9) CIRCUIT. The word "circuit" means judicial circuit.

(10) PRECEDING. The word "preceding" means next before.

(11) FOLLOWING. The word "following" means next after.

(12) STATE. The word "state," when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States.

(13) UNITED STATES. The term "United States" includes the territories thereof and the District of Columbia.

(14) JURY or JURIES. The words "jury" or "juries" include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law.

(15) MONTH. The word "month" means a calendar month.

(16) YEAR. The word "year" means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year.The following words, whenever they appear in this code, have the following meanings unless otherwise apparent from the context or otherwise explicitly defined:

(1) BOY. A human male who has not yet reached adulthood.

(2) FATHER. The male parent of a child or children.

(3) FEMALE. When used in reference to a natural person, an individual who has, had, will have, or would have, but for a developmental anomaly, genetic anomaly, or accident, the reproductive system that at some point produces ova.

(4) GIRL. A human female who has not yet reached adulthood.

(5) JURY or JURIES. Includes courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law.

(6) MALE. When used in reference to a natural person, an individual who has, had, will have, or would have, but for a developmental anomaly, genetic anomaly, or accident, the reproductive system that at some point produces sperm.

(7) MAN. An adult human of the male sex.

(8) MONTH. A calendar month.

(9) MOTHER. The female parent of a child or children.

(10) PERSON. Includes an individual, corporation, partnership, company, or other business entity.

(11) PERSONAL PROPERTY. Includes money, goods, chattels, things in action and evidence of debt, deeds, and conveyances.

(12) PROPERTY. Includes both real and personal property.

(13) REAL PROPERTY. Includes lands, tenements, and hereditaments.

(14) SEX. When the term is used to classify or describe a natural person, the state of being male or female as observed or clinically verified at birth.

(15) SIGNATURE. Includes a mark when an individual cannot write, if his or her name is written near the mark and witnessed by an individual who writes his or her own name as a witness.

(16) STATE. When applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States.

(17) UNITED STATES. Includes the territories thereof and the District of Columbia.

(18) WOMAN. An adult human of the female sex.

(19) YEAR. A calendar year, except whenever the word “year” is used in reference to any appropriations for the payment of money out of the treasury, the term shall mean a fiscal year.
Ala. Code § 22-19-59.6 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-59.6
Section 22-19-59.6 Uniformity of Application and Construction
Status: reserved

Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
Ala. Code § 22-6-120 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-120
Section 22-6-120 Legislative Findings
Status: in_force

The Legislature finds the following:

(1) The availability of appropriate pharmaceutical benefits to every Alabama citizen is a critical component to the overall health of its population.

(2) Alabama should strive to provide appropriate, safe, effective, and cost-efficient pharmaceutical care to those who depend on health benefits through state funded programs.

(3) The Alabama Medicaid Agency should endeavor to manage the Medicaid Pharmacy Program utilizing clinical management tools in a manner to foster optimal health outcomes at reasonable costs.

(4) State Medicaid programs and private insurance plans across the country utilize preferred drug lists as an effective way to foster and encourage clinically appropriate and safe use of pharmaceuticals in a cost-effective manner.

(5) Based on the proven effectiveness of preferred drug programs to foster appropriate use of drugs, it is in the best interests of Alabama and its citizens for the Alabama Medicaid Agency to develop and implement a preferred drug plan. The plan should include a preferred drug list, which should be based on in-depth clinical evaluations of drugs.

(6) Efficacy and safety considerations override all other considerations in the preferred drug decision making process.
Ala. Code § 22-3A-24 — Alabama Code / Title 1 / Chapter 3A / Section 22-3A-24
Section 22-3A-24 Payments and Investment Agreements to Ensure Federal Tax Exemption
Status: in_force

The authority shall have the power to make such payments to the United States of America as the directors deem necessary to cause the interest on any bonds of the authority to be and remain exempt from federal income taxation. The authority shall have the power to make agreements respecting the investment of funds of the authority necessary in order that the interest income on bonds of the authority be and remain exempt from federal income taxation.
Ala. Code § 22-2-5 — Alabama Code / Title 1 / Chapter 2 / Section 22-2-5
Section 22-2-5 State Committee of Public Health - “State Board of Health” Construed
Status: in_force

Whenever the words “State Board of Health” are used in this code, the words shall mean the “State Committee of Public Health,” as created in Section 22-2-4.
Ala. Code § 11-26-2 — Alabama Code / Title 1 / Chapter 26 / Section 11-26-2
Section 11-26-2 Health and Accident Group Authorized; Appropriation and Collection of Funds
Status: in_force

Any county or group of counties, either individually or collectively, may establish a health and accident self-insurance group for the purpose of providing health care and hospitalization benefits for their officers, employees, and family members dependent upon such officers or employees. Member counties may appropriate such funds as necessary to the health and accident self-insurance group to provide such hospitalization and health care benefits. Member counties may collect from its officers and employees such amounts necessary for dependent family coverage and remit the same to the health and accident self-insurance group.
Ala. Code § 22-11B-3 — Alabama Code / Title 1 / Chapter 11B / Section 22-11B-3
Section 22-11B-3 Medicaid Recipients Deemed to Have Given Consent to Information Release with Receipt of Services
Status: in_force

Medicaid recipients shall be deemed to have given their consent to the release by the State Medicaid Agency of information to the State Board of Health or any other health care provider by virtue of their receipt of Medicaid covered services.
Ala. Code § 22-40-1 — Alabama Code / Title 1 / Chapter 40 / Section 22-40-1
Section 22-40-1 Definitions
Status: reserved

Repealed by Act 2003-332, p. 823, §25 effective October 1, 2004.
Ala. Code § 22-12D-1 — Alabama Code / Title 1 / Chapter 12D / Section 22-12D-1
Section 22-12D-1 Office Established; Purposes
Status: in_force

(a) The Office of Women’s Health is established within the Alabama Department of Public Health for the following purposes:

(1) To educate the public and be an advocate for women’s health by requesting that the State Department of Public Health, either on its own or in partnership with other entities, establish appropriate forums, programs, or initiatives designed to educate the public regarding women’s health, with an emphasis on preventive health and healthy lifestyles.

(2) To assist the State Health Officer in identifying, coordinating, and establishing priorities for programs, services, and resources the state should provide for women’s health issues and concerns relating to the reproductive, menopausal, and postmenopausal phases of a woman’s life, with an emphasis on postmenopausal health.

(3) To serve as a clearinghouse and resource for information regarding women’s health data, strategies, services, and programs that address women’s health issues, including, but not limited to, all of the following:

a. Diseases that significantly impact women, including heart disease, cancer, hypertension, diabetes, and osteoporosis.

b. Mental health.

c. Substance abuse.

d. Sexually transmitted diseases.

e. Sexual assault and domestic violence.

(4) To collect, classify, and analyze relevant research information and data concerning women’s health conducted or compiled by either of the following:

a. The State Department of Public Health.

b. Other entities in collaboration with the State Department of Public Health.

(5) To provide interested persons with information regarding the research results, except as prohibited by law.

(6) To develop and recommend funding and program activities for educating the public on women’s health initiatives and information, including the following:

a. Health needs throughout an Alabama woman’s life.

b. Diseases that significantly affect Alabama women, including heart disease, cancer, and osteoporosis.

c. Access to health care for Alabama women.

d. Poverty and women’s health in Alabama.

e. The leading causes of morbidity and mortality for Alabama women.

f. Special health concerns of minority women.

(7) To seek funding from private or governmental entities to carry out the purposes of this chapter.

(8) To prepare materials for publication and dissemination to the public on women’s health.

(9) To conduct public educational forums in Alabama to raise public awareness and to educate citizens about women’s health programs, issues, and services.

(10) To coordinate the activities and programs of the Office of Women’s Health with other entities that focus on women’s health or women’s issues.

(11) To provide that the State Health Officer, within his or her annual report to the Governor and the Legislature, shall include information regarding the successes of the programs of the Office of Women’s Health, priorities and services needed for women’s health in Alabama, and areas for improvement.

(b) The Office of Women’s Health will not advocate, promote or otherwise advance abortion or abortifacients.
Ala. Code § 22-30E-4 — Alabama Code / Title 1 / Chapter 30E / Section 22-30E-4
Section 22-30E-4 Authority of the Department to Establish Rules and Regulations
Status: in_force

(a) The department, acting through the commission, may adopt, modify, amend, and repeal rules and regulations to implement and enforce this chapter as necessary to provide for the voluntary assessment, cleanup, reuse, and redevelopment of qualifying properties. All rules and regulations adopted pursuant to this chapter shall comply with applicable provisions of the Alabama Administrative Procedure Act, Section 41-22-11.

(b) The department’s rules and regulations shall include, at a minimum, the following:

(1) Rules and regulations establishing cleanup standards.

(2) Rules and regulations governing procedures for placement of properties on and removal of properties from the Voluntary Cleanup Properties Inventory required under Section 22-30E-11.

(3) Rules and regulations governing procedures for the filing in the deed records of the probate courts of appropriate notice upon approval of a certificate of compliance.

(4) Rules and regulations governing the maintenance and retention of records pertaining to activities carried out under this chapter.

(5) Rules and regulations providing for public notice and participation and for meaningful community involvement in the voluntary cleanup program.

(6) Rules and regulations for establishing the criteria for conducting a voluntary assessment plan.

(7) Rules and regulations for establishing the criteria for a responsible person applicant to participate in the voluntary cleanup program and to be eligible for the limitations of liability provided in this chapter.

(8) Rules and regulations with respect to the terms, provisions, contributions, custody, and application of the Brownfield Remediation Reserve Fund.

(9) Rules and regulations addressing the reporting of preexisting contamination or a preexisting release detected during the course of due diligence or site assessment activities to the department, provided that any release-reporting obligations shall be co-extensive with federal release-reporting obligations.

(10) Rules and regulations governing the issuance of variances to the criteria for property qualification for the voluntary cleanup program pursuant to Section 22-30E-6(b), and to the criteria for applicant participation in the voluntary cleanup program pursuant to Section 22-30E-7(b).

(c)(1) For purposes of subdivision (b)(10), the department may grant a variance from the eligibility requirements contained in Section 22-30E-6(a), Section 22-30E-7(a), or both, only if the department finds that the requirements would render a property ineligible for cleanup under this chapter, that no other qualified party has applied to participate in the voluntary cleanup program at the subject property, and that:

a. Ineligibility would result in the continuation of a condition that poses or could pose a threat to human health or the environment.

b. Compliance with an eligibility requirement will not provide for a cost-effective response and the proposed voluntary cleanup plan will attain cleanup standards that are equivalent to those required under any otherwise applicable requirement through the use of a department approved method or approach.

c. In the case of an abandoned site, the department would otherwise be required to perform the necessary cleanup using funds from the Alabama Hazardous Substance Cleanup Fund, as described in Section 22-30A-3, and the department would be unable to recover the cost of the cleanup as provided in Chapter 30A.

d. In the case of a facility subject to the permitting, closure, postclosure, or corrective action requirements of Sections 22-30-12 and 22-30-16, the cleanup will be conducted in a manner consistent with the requirements of any applicable regulations and permits issued thereunder. Participation in the voluntary cleanup program may be used to speed up required investigation and cleanup at sites, but shall not serve to limit the applicability or enforcement of any applicable requirements at facilities.

(2) The department may place conditions upon the grant of a variance as it deems appropriate including, without limitation, a provision relating to the time in which all or a portion of the cleanup must be completed, and if the applicant fails to comply with the conditions the department may modify or withdraw the variance, with the withdrawal subject to the department’s administrative appeals process.

(3) The department shall not grant any variance from the criteria for qualification for limitation of liability, as contained in Section 22-30E-8.

(d) In establishing cleanup standards pursuant to this section:

(1) The department shall consider impacts to human health and the environment. In establishing cleanup standards, cleanup levels may be based on specific requirements of relevant environmental laws or regulations (e.g., Clean Water Act, Clean Air Act, TSCA, RCRA, CERCLA), derived using the procedures outlined in Section 300.430(e)(2) of the National Oil and Hazardous Substances Pollution Contingency Plan, 40 C.F.R. Part 300, or based upon the results of a site-specific risk assessment.

(2) The department may set cleanup levels for all hazardous constituents, for a subset of hazardous wastes, or for those hazardous constituents that the department has reason to believe may have been released at the property.

(3) The department may set cleanup levels that reflect current and future use scenarios for the property as follows:

a. A site shall be deemed to have met the requirements for unrestricted use if the cleanup levels are derived in a manner consistent with department or Environmental Protection Agency guidelines for assessing human and environmental health risks from hazardous constituents.

b. For sites that do not achieve the unrestricted use classification, restrictions on site use may be applied to achieve cleanup standards. Restrictions shall include, but not be limited to, land use controls. The restrictions imposed upon a site shall be media-specific and may vary according to site-specific conditions.
Ala. Code § 11-16-40 — Alabama Code / Title 1 / Chapter 16 / Section 11-16-40
Section 11-16-40 Penalties for Failure to Perform Duties Required by Chapter, Etc
Status: in_force

Any officer or person who shall willfully or corruptly fail to perform any duty required of him under any of the provisions of this chapter; or shall fraudulently alter or change the ballot of any elector after it has been cast; or shall make any false or fraudulent count of votes; or shall place in the receptacle for ballots any ballot not actually cast by an elector; or shall take therefrom any ballot cast by an elector, with the intention of unlawfully changing or affecting the result of the election; or shall make any false poll list or any false count of the ballots or any false certificate to a poll list or to the result of the count of the ballots; or shall wrongfully open the returns from any precinct or ward; or shall change, secrete, destroy, or mutilate the returns from any precinct or ward or attempt to do so; or shall prevent or attempt to prevent any such return from being made as required by this chapter; or shall attempt to commit any fraudulent act in connection with the ordering of said election, or the holding of the election, or making the returns or declaring the result thereof; and any person who votes more than once, or deposits more than one ballot as his vote at such election or knowingly attempts to vote when he knows he is not entitled to vote; and, any person who, by bribery or offering to bribe or by any other corrupt means attempts to influence any elector in giving his vote, or to deter him in giving the same, or to disturb or to hinder him in the free exercise of his right of suffrage at said election must, in every such case, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.
Ala. Code § 22-21-74 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-74
Section 22-21-74 Incorporation - Certificate of Incorporation - Filing; Amendments
Status: in_force

(a) The certificate of incorporation shall have attached thereto a certified copy of the resolution provided for in Section 22-21-73 and a certificate by the Secretary of State of the State of Alabama that the name proposed for the corporation is not identical with that of any other corporation in this state. The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of this state to take acknowledgment of deeds and, with the documents attached, may be filed with the judge of probate of the county, who shall forthwith receive and record the same. When the certificate of incorporation and the documents attached have been filed as provided in this section, the corporation referred to therein and composed of the incorporators named therein shall come into existence and shall constitute a body corporate and politic under the name set forth in the certificate of incorporation. The incorporators shall constitute the members of the corporation until they are succeeded by other members as provided in this section.

(b) The certificate of incorporation of any corporation, heretofore or hereafter, organized under this division may, at any time, be amended so as to change the number of the members of its board of directors or to make any other change in the said certificate of incorporation that is not inconsistent with the provisions of this division. Any such amendment shall be effected in the following manner:

(1) The county commission of the county which authorized the incorporation of the corporation shall adopt a resolution setting forth the proposed amendment; and

(2) A certified copy of the said resolution shall then be filed in the office of the judge of probate of said county.

The proposed amendment shall become effective upon the filing in said office of such certified copy.

(c) If any such amendment shall have the effect of reducing the number of the members of the board of directors of the corporation, those directors who have been theretofore appointed for terms of office then having longer than four years to run shall remain in office as members of said board of directors; provided, however, that if the said directors whose existing terms of office will then run for longer than four years are greater in number than the full membership of the board of directors, as it will be constituted following the effective date of such amendment, the county commission shall determine, by lot, which of the said directors whose existing terms will run for longer than four years shall continue in office. If the said members whose then existing terms of office will run for longer than four years are insufficient in number to make up the full membership of the board of directors, as it will be constituted following the effective date of said amendment, then those directors who were theretofore appointed for terms then having more than two but less than four years to run shall remain in office as members of said board of directors, to the extent needed to make up the full membership of the board of directors, and if all of said members then having terms that will run for more than two, but less than four, years are not needed to make up the aforesaid full membership, then the county commission shall determine by lot which of those directors who were theretofore appointed for terms then having more than two but less than four years to run shall continue in office as members of said board of directors. If the said directors whose then existing terms of office will run for longer than four years and those directors whose then existing terms will run for longer than two, but less than four, years are together insufficient in number to make up the full membership of the board of directors, as it will be constituted following the effective date of the amendment, then the county commission shall determine, by lot, which of those directors who were theretofore appointed for terms then having less than two years to run shall continue in office as members of said board of directors. Upon the expiration of the aforesaid existing terms of office of those directors who will remain in office, pursuant to the foregoing provisions of this section, the county commission of the county shall elect or reelect directors for terms of office that shall be staggered, to the end that the terms of not less than one third of the entire membership of the board of directors, as constituted after the effective date of the said amendment, shall expire at intervals of two years. Those directors who will not, pursuant to the foregoing provisions of this section, continue in office as members of said board of directors, as constituted following the effective date of said amendment, shall thereupon cease to be members of said board of directors.
Ala. Code § 11-25-13 — Alabama Code / Title 1 / Chapter 25 / Section 11-25-13
Section 11-25-13 Disposition of Funds
Status: in_force

(a) In any county that has established a county law library fund pursuant to this chapter or pursuant to local act, and in any county which hereafter shall establish a law library fund pursuant to lawful authority, in addition to, and not to supersede, the authority granted to the presiding judge in a judicial circuit by such authority, the presiding circuit judge may authorize the moneys designated for the use of the law library to be expended for any of the following purposes:

(1) The purchase of books, periodicals, equipment, software, hardware, furniture, fixtures, technology, and computers.

(2) The cost of securing advice and attendance of witnesses.

(3) Registration fees and expenses incurred by the judges and court employees when attending seminars, institutions, conferences, and other meetings related to continuing legal education and judicial education. Allowances and reimbursements for expenses incurred by the judges and court employees when attending seminars, institutions, conferences, and other meetings related to continuing legal education and judicial education shall be subject to the same guidelines which apply to the allowances and reimbursements provided to state employees and legislators.

(4) Membership dues in legal and judicial organizations.

(5) Salaries and benefits of court employees where necessary for the efficient operations of the courts of the county. The employees shall not be deemed to be employees of the county commission.

(6) Necessary expenses incurred by the judges in promoting legal and judicial competency.

(7) Necessary expenses of judges and court employees when ordered by the Chief Justice of the state Supreme Court to travel outside their districts or circuits on business.

(8) Funding additional judges as approved.

(9) Other expenses as determined necessary by the presiding circuit court judge to promote the efficient administration of justice.

(b) Expenditures authorized in this section shall be made as provided in Section 11-25-6.

(c) The presiding circuit court judge may sell, exchange, or otherwise dispose of books, periodicals, equipment, and other property of the law library as necessary to keep the library up to date. The presiding judge may use any proceeds from the sale or exchange to purchase new books, periodicals, equipment, or other property for the law library. Any property purchased with such funds as authorized by this subsection shall become the property of the county.

(d) The presiding circuit court judge may designate the district court judge to operate or assist in the operation of the law library.

(e) The moneys in each county law library fund shall be audited in the same manner and at the same time as other county general funds.

(f) Nothing in this section shall require a set sum of money to be expended on maintaining the law library and effectively administering justice, nor shall any county commission be required to fund the maintenance of the law library from funds otherwise available to the county commission.
Ala. Code § 22-19-100 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-100
Section 22-19-100 Training of Eye Bank Employees in Eye Tissue Procurement
Status: in_force

The Alabama Eye Bank is authorized to train employees of the eye bank in principles and procedures of sterile eye tissue procurement pursuant to the Uniform Anatomical Gift Act and according to the medical standards of the Eye Bank Association of America.
Ala. Code § 22-21-382 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-382
Section 22-21-382 Contracting Sales Representatives - Administrative Penalty in Lieu of Discretionary Suspension, Revocation, Etc
Status: in_force

(a) If, pursuant to procedures provided for in this article, it is found that one or more grounds exist for the suspension or revocation of, or refusal to renew or continue, any registration issued under this article, and except when such suspension, revocation, or refusal is mandatory, an order may be entered imposing upon the registrant, in lieu of such suspension, revocation, or refusal, an administrative penalty for each violation in the amount of $100.00 or, in the event of willful misconduct or willful violation on the part of the registrant, an administrative fine of $500.00. The administrative penalty may be augmented in amount by an amount equal to any commissions received by or accruing to the credit of the registrant in connection with any transaction to which the grounds for suspension, revocation, or refusal related.

(b) The order may allow the registrant a reasonable period, not to exceed 30 days, within which to pay to the commissioner the amount of the penalty so imposed. If the registrant fails to pay the penalty in its entirety to the commissioner at his office in Montgomery within the period so allowed, the registration of the registrant shall stand suspended or revoked, or renewal or continuation may be refused, as the case may be, upon expiration of such period and without any further proceedings.
Ala. Code § 11-12-7 — Alabama Code / Title 1 / Chapter 12 / Section 11-12-7
Section 11-12-7 Withdrawal of Claims
Status: in_force

If a claim is rejected or not allowed in full, the claimant may withdraw the same.
Ala. Code § 11-17-6 — Alabama Code / Title 1 / Chapter 17 / Section 11-17-6
Section 11-17-6 Dedication to Public and Use of Burial Place
Status: in_force

After such proceedings are recorded, the burial place so located, bounded or enlarged as shown by such proceedings shall be thereafter dedicated to the public and may be used for a burying place.
Ala. Code § 1-2-19 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-19
Section 1-2-19 State Nut
Status: in_force

The pecan is designated as official state nut of the State of Alabama.
Ala. Code § 22-21-412 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-412
Section 22-21-412 Rulemaking Authority
Status: in_force

The department, after consultation and with the approval of the council, shall adopt rules necessary to implement this article.
Ala. Code § 22-21-331 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-331
Section 22-21-331 Remedies for Default in Payment of Securities or Performance of Lease Agreement
Status: in_force

(a) If there should be any default in the payment of the principal of or interest on any securities issued under this article, then the holder of any such securities and any coupons applicable thereto (subject to any provision of the resolution or indenture under which such securities were issued restricting the individual rights of action of any such holders or vesting such rights exclusively in a trustee), and the trustee under any indenture, or any one or more of them:

(1) May, by mandamus, injunction or other proceedings, compel performance of all duties of the directors and officers of the authority with respect to the use of funds for the payment of such securities and for the performance of the agreements of the authority contained in the proceedings under which they were issued;

(2) Shall be entitled to a judgment against the authority for the principal of and interest on the securities so in default;

(3) May, in the event such securities are secured by a mortgage on or security interest in any physical properties of the authority, foreclose such mortgage or pledge, exercise any powers of sale contained therein or exercise any possessory or other similar rights as are provided for in the resolution or indenture under which such securities were issued;

(4) Regardless of the sufficiency of the security for the securities in default and as a matter of right, shall be entitled to the appointment of a receiver: a. To make lease agreements respecting any health care facilities or other properties out of whose revenues the securities so in default are payable and fix and collect rents therefor; and b. To operate, administer and maintain such health care facilities and other properties, with all powers of a receiver in the exercise of any of said functions. The income derived from any lease agreement made, and any operation of such health care facilities and other properties carried on, by any such receiver shall be expended in accordance with the provisions of the proceedings under which the securities were authorized to be issued and the orders of the court by which such receiver is appointed.

(b) If there should be any default by the authorizing subdivision in the payment of any installment of rent or in the performance of any agreement required to be made or performed by it under the provisions of any lease agreement described in Section 22-21-330, the authority and the trustee under any indenture, or either of them:

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

(2) Shall be entitled to a judgment against the authorizing subdivision for all monetary payments required to be made by the authorizing subdivision under the provisions of such lease agreement with respect to which the authorizing subdivision is then in default.

(c) The remedies specified in this section shall be cumulative to all other remedies which may otherwise be available, by law or contract, for the benefit of the holders of the securities and the coupons applicable thereto.
Ala. Code § 22-11A-29 — Alabama Code / Title 1 / Chapter 11A / Section 22-11A-29
Section 22-11A-29 Commitment Petition - Appointment of Guardian Ad Litem and Attorney
Status: in_force

At the time when any petition has been filed seeking to commit any person to the custody of the Alabama Department of Public Health, the probate judge shall appoint a guardian ad litem to represent and protect the rights of such person and shall determine if the person has the funds and capacity to secure the services of an attorney to represent him. If the person does not have the funds or capacity to secure the services of an attorney, the probate judge shall appoint an attorney, who may be the same person as the guardian ad litem, to represent him.
Ala. Code § 22-11A-21 — Alabama Code / Title 1 / Chapter 11A / Section 22-11A-21
Section 22-11A-21 Penalties for Treating or Preparing Medicine Without a License; Penalty for Person Afflicted with Sexually Transmitted Disease to Transmit Such Disease to Another Person
Status: in_force

(a) Any person who shall treat or prescribe for any person having a sexually transmitted disease except a physician licensed to practice medicine in Alabama by the Medical Licensure Commission shall be guilty of a Class C misdemeanor.

(b) Any druggist or other person who shall sell any drug, medicine or preparation or preparations advertised, called for, labeled or intended to be used as a cure or treatment for a sexually transmitted disease, except on the written prescription of a licensed physician, shall be guilty of a Class C misdemeanor.

(c) Any person afflicted with a sexually transmitted disease who shall knowingly transmit, or assume the risk of transmitting, or do any act which will probably or likely transmit such disease to another person shall be guilty of a Class C misdemeanor.
Ala. Code § 22-21B-1 — Alabama Code / Title 1 / Chapter 21B / Section 22-21B-1
Section 22-21B-1 Short Title
Status: in_force

This chapter may be known and cited as the Health Care Rights of Conscience Act.
Ala. Code § 11-19-17 — Alabama Code / Title 1 / Chapter 19 / Section 11-19-17
Section 11-19-17 Manner in Which Territory Zoned
Status: in_force

For the purpose of providing for the division of the territory into districts, consonant with the conditions provided in this section, the county planning commission may make and certify to the county commission a single zoning plan for all the territory of the area which lies within the jurisdiction of the county planning commission or may make and certify separate and successive zoning plans for parts of the flood-prone area for which technical information is available or which for other reasons it deems to have appropriate territorial unity for a zoning plan, and correspondingly any zoning ordinance or resolution enacted by the county commission may cover and include the whole territory lying within its jurisdiction or such territory as the county commission deems to be an appropriate territorial unit for a zoning plan; provided, that no resolution governing more or less than the entire area shall be enacted or put into effect until it is first submitted to the county planning commission for additional review and comment.
Ala. Code § 11-15-10 — Alabama Code / Title 1 / Chapter 15 / Section 11-15-10
Section 11-15-10 Warrants - Notice of Warrant Resolution; Actions to Question Proceedings for Issuance; Invalidate Warrants, Etc
Status: in_force

Upon the adoption by the board of any resolution providing for the issuance of warrants, the corporation may, in its discretion, cause to be published once a week for two consecutive weeks in a newspaper published and having general circulation in the county and, if there is no such newspaper published in the county, then in a newspaper having general circulation therein, a notice in substantially the following form (blanks being properly filled in):

“_____, a public corporation in _____ county and a political subdivision of the State of Alabama, on the_____ day of ______, authorized the issuance of $_____ principal amount of revenue warrants of the said corporation for purposes authorized in the act of the Legislature of Alabama under which the said corporation was organized. Any civil action or proceeding questioning the validity of the said warrants, or the pledge and the mortgage to secure the same or the proceedings authorizing the same must be commenced within 20 days after the first publication of this notice.”

Any civil action or proceeding in any court to set aside or question the proceedings for the issuance of the warrants referred to in said notice or to contest the validity of any such warrants or the validity of the pledge and mortgage made therefor must be commenced within 20 days after the first publication of such notice. After the expiration of the said period, no right of action or defense founded upon the validity of the said proceedings or of the said warrants or the said pledge or mortgage shall be asserted, nor shall the validity of the said proceedings, warrants, pledge or mortgage be open to question in any court on any ground whatsoever except in a civil action commenced within such period.
Ala. Code § 22-21-325 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-325
Section 22-21-325 Obligations Not Debt of State, County or Municipality
Status: in_force

All agreements and obligations undertaken, and all securities issued, by an authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state, any authorizing subdivision or any other county or municipality within the meaning of any constitutional or statutory provision. The faith and credit of the state, any authorizing subdivision or any other county or municipality shall never be pledged for the payment of any securities issued by an authority; nor shall the state, any authorizing subdivision or any other county or municipality be liable in any manner for the payment of the principal of or interest on any securities of an authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever that may be undertaken by an authority.
Ala. Code § 22-6-226 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-226
Section 22-6-226 Review and Approval of Contracts; Rules Governing Operation of Integrated Care Networks
Status: in_force

(a) All provider contracts of an organization granted final certification as an integrated care network shall be subject to review and approval of the Medicaid Agency.

(b)(1) If a provider is dissatisfied with any term or provision of the agreement or contract offered by an integrated care network, the provider shall:

a. Seek redress with the integrated care network. In providing redress, an integrated care network shall afford the provider a review by a panel composed of a representative of an integrated care network, the same type of provider, and a representative of the citizens’ advisory board appointed by the chair of the advisory board.

b. After seeking redress with an integrated care network, a provider or an integrated care network who remains dissatisfied may request a review of such disputed term or provision by the Medicaid Agency. The Medicaid Agency shall have 10 days to issue, in writing, its decision regarding the dispute.

c. If the provider or an integrated care network is dissatisfied with the decision of the Medicaid Agency, the provider or an integrated care network may file an appeal only in the Montgomery County Circuit Court within 30 days of the decision.

(c) The Medicaid Agency shall establish by rule requirements by which integrated care networks shall operate. In addition to the foregoing, the Medicaid Agency shall do all of the following:

(1) Establish by rule the criteria for certification of an integrated care network.

(2) Establish by rule the quality standards and minimum service delivery network requirements for an integrated care network to provide care to Medicaid beneficiaries.

(3) Establish by rule and implement quality assurance provisions for an integrated care network.

(4) Adopt and implement, at its discretion, requirements for an integrated care network concerning health information technology, data analytics, quality of care, and care quality improvement.

(5) Conduct or contract for financial audits of an integrated care network. The audits shall be based on requirements established by the Medicaid Agency by rule or established by law. The audit of an integrated care network shall be conducted at least every three years or more frequently if requested by the Medicaid Agency.

(6) Take any other action with respect to an integrated care network as may be required by federal Medicaid regulations or under terms and conditions imposed by the Centers for Medicare and Medicaid Services in order to assure that payments to an integrated care network qualify for federal matching funds.
Ala. Code § 22-21-4 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-4
Section 22-21-4 Annual Audit of Books and Records of Publicly Owned Medical Institutions
Status: in_force

(a) The books and records of publicly owned hospitals, nursing homes, rest homes or any other publicly owned medical institution may, upon request of the governing board of the particular institution, be audited annually by any certified public accountant who is subject to the control of the Alabama State board of Public Accountancy. The selection of the certified public accountant to perform the audit shall be the responsibility of the governing board of the particular institution. Such audit, upon approval as provided in this section, shall be in lieu of any audits otherwise required by law of said institutions. The audit to be performed by the certified public accountant shall be in accordance with generally accepted auditing standards and shall comply with the procedures promulgated by the Chief Examiner of Public Accounts, and the audit report shall be addressed to the Chief Examiner of Public Accounts, who shall be charged with the responsibility of processing and distributing it as provided by law, and upon approval and acceptance, such audit report shall have the legal effect as a report of an examiner of public accounts.

(b) Examinations and audits performed upon provisions of this section shall be made at the expense of the institution and not as an expense of the State of Alabama. Such audit reports shall be public records open to public inspection, and a copy of each report shall be kept on file at the institution concerning which the audit was made.

(c) The provisions of this section shall be cumulative and supplemental and shall be construed in pari materia with other laws relative to the audit of the books and records of publicly owned hospitals, nursing homes, rest homes and any other publicly owned medical institutions.
Ala. Code § 22-30F-6 — Alabama Code / Title 1 / Chapter 30F / Section 22-30F-6
Section 22-30F-6 Alabama Land Recycling Finance Authority - Incorporation
Status: in_force

(a) To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department, and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth the following:

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

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

(3) The name of the proposed corporation, which shall be the “Alabama Land Recycling Finance Authority.”

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

(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter.

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

(c) When the application has been made, filed, and recorded as herein provided, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, 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 work done in connection with the incorporation or dissolution of the authority.

(d) 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 director of the department shall be the vice-president, and the Director of Finance shall be the secretary. The members of the authority shall constitute all the members of the board of directors of the authority, and any three members of the board of directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold such office by reasons of death, resignation, expiration of term of office, or for any other reason, then the successor in office to such director shall take his or her place as a member, officer, or director of the authority. No member, officer, or director of the authority may be paid any salary in addition to that now authorized by law for any service rendered or for any duty performed in connection with the authority.

(e) All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority and shall be recorded in a substantially bound book and filed in the office of the secretary. 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.
Ala. Code § 22-19-170 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-170
Section 22-19-170 Persons That May Receive Anatomical Gift; Purpose of Anatomical Gift
Status: in_force

(a) An anatomical gift may be made to the following persons named in the document of gift:

(1) a hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;

(2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;

(3) an eye bank or tissue bank.

(b) If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.

(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.

(d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).

(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).

(g) For purposes of subsections (b), (e), and (f) the following rules apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank.

(2) If the part is tissue, the gift passes to the appropriate tissue bank.

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent’s body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under Section 22-19-164 or 22-19-169 or if the person knows that the decedent made a refusal under Section 22-19-166 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(k) Except as otherwise provided in subsection (a)(2), nothing in this article affects the allocation of organs for transplantation or therapy.
Ala. Code § 22-21-379 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-379
Section 22-21-379 Contracting Sales Representatives - Grounds for Mandatory Denial, Suspension, Revocation, or Refusal to Renew Registration
Status: reserved

Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
Ala. Code § 22-25A-3 — Alabama Code / Title 1 / Chapter 25A / Section 22-25A-3
Section 22-25A-3 Rules and Regulations
Status: reserved

Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
Ala. Code § 11-19-23 — Alabama Code / Title 1 / Chapter 19 / Section 11-19-23
Section 11-19-23 Conflict of Certain Regulations Under Chapter with Other Local Ordinances, Regulations, Etc
Status: in_force

Wherever the regulations made under authority of this chapter require a greater width or size of yards or open spaces, or require a lower height of buildings, or require a greater percentage of lot to be left unoccupied. or impose other higher standards than are required in any other local statute or like ordinance or regulation, the provisions of the regulations made under the authority of this chapter shall govern.

Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or other open space, or require a lower height of buildings, or require a greater percentage of lot to be left unoccupied. or impose other higher standards than are required by regulations made under authority of this chapter, the provisions of such statute or local ordinance or regulation shall govern.
Ala. Code § 11-15-1 — Alabama Code / Title 1 / Chapter 15 / Section 11-15-1
Section 11-15-1 Definitions
Status: in_force

The following words and phrases, including the plural of any thereof, wherever used in this chapter, shall in the absence of clear implication herein otherwise have the following respective meanings:

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

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

(3) THE STATE. The State of Alabama.

(4) THE COUNTY. That county in the state in which the corporation shall be organized.

(5) GOVERNING BODY. The county commission in which the legislative functions of the county are vested by law.

(6) PROJECT. A building or buildings designed for use and occupancy as a county courthouse or jail or for the supplying of offices and related facilities for officers and departments of the county and any agencies for which the county may lawfully furnish office facilities or any one or more thereof, together with any lands deemed by the board to be desirable in connection therewith.

(7) WARRANT. Any warrant authorized to be issued pursuant to the provisions of this chapter.

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

(9) MORTGAGE. A mortgage or a mortgage and deed of trust.
Ala. Code § 11-25-5 — Alabama Code / Title 1 / Chapter 25 / Section 11-25-5
Section 11-25-5 Judge Authorized to Appoint Law Librarian or Custodian
Status: in_force

Upon the establishment of a county law library, or the continuance of a present county law library under the provisions of this chapter, the presiding judge of the circuit, or a district or circuit judge designated by him, may appoint a full or part-time county law librarian or custodian.
Ala. Code § 22-19-164 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-164
Section 22-19-164 Manner of Making Anatomical Gift Before Donor’s Death
Status: in_force

(a) A donor may make an anatomical gift:

(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;

(2) in a will;

(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(4) as provided in subsection (b).

(b) A donor or other person authorized to make an anatomical gift under Section 22-19-163 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in subdivision (1).

(c) Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.
Ala. Code § 22-4-39 — Alabama Code / Title 1 / Chapter 4 / Section 22-4-39
Section 22-4-39 Use of Information
Status: in_force

(a) SHPDA shall utilize the data and information received from covered health care reporters for the benefit of the public and public officials. The data and information obtained by SHPDA pursuant to this article, including a summary, shall be reported to the SHCC and the Certificate of Need Review Board at least annually.

(b) SHPDA shall follow the advice and guidance of the Health Care Information and Data Council as to what reports, publications, or studies may be compiled using the data required to be collected in this article.

(c) All approved reports, publications, or studies prepared by SHPDA shall be public records and shall be made available to the public for a reasonable fee.

(d) Covered health care reports from individual providers shall continue to be available to the public and the SHPDA may charge a reasonable fee for copies of these reports.
Ala. Code § 11-32-3 — Alabama Code / Title 1 / Chapter 32 / Section 11-32-3
Section 11-32-3 Incorporation as a Public Corporation; Applications
Status: in_force

(a) One or more public corporations may be organized pursuant to this chapter in a county having a population of not less than 600,000 according to the last or any subsequent federal decennial census. Once incorporated under or governed by this chapter, each corporation shall continue to be subject to this chapter, even if the population of the county falls below 600,000. In order to incorporate as a public corporation, any number of natural persons, not less than three, shall first file a written application with the governing body of the county and with the governing body of the municipality in the county having the largest population according to the most recent federal decennial census, which applications shall include all of the following:

(1) A statement that the authority proposes to render public transportation service in the county.

(2) The proposed location of the principal office of the authority, which shall be within the county with the governing body of which the application is filed.

(3) A statement that each of the applicants is a duly qualified elector of the county in which the application is filed.

(4) A request that the governing body adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 11-32-4.

(b) The applications shall, except in their designation of the governing body to which they are addressed and with which they are filed, be identical, and accompanied by the supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the applications in accordance with this section, the governing bodies of the county and the municipality with which the application was filed shall review the contents of the application and shall adopt resolutions either denying the application or declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 11-32-4. Each governing body with which an application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken.
Ala. Code § 22-30F-5 — Alabama Code / Title 1 / Chapter 30F / Section 22-30F-5
Section 22-30F-5 Alabama Land Recycling Finance Authority. - Generally
Status: in_force

The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department, and the Director of Finance may become a public corporation to be known as the Alabama Land Recycling Finance Authority with the power and authority hereinafter provided, by proceeding according to the provisions of this chapter.
Ala. Code § 22-6-98 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-98
Section 22-6-98 Rules and Regulations
Status: in_force

The Commissioner of the Medicaid Agency may adopt and implement regulations as necessary to ensure compliance with this article.
Ala. Code § 22-21-270 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-270
Section 22-21-270 Certificates of Need - Period for Which Valid; Extension of Time; Termination; Transferability
Status: in_force

(a) A certificate of need issued under subsection (a) of Section 22-21-265 and Section 22-21-268 shall be valid for a period not to exceed 12 months and may be subject to one extension not to exceed 12 months, provided the criteria for extension as set forth in the rules and regulations of the SHPDA are met. Applications for an extension filed under this section shall be accompanied by a filing fee to be established by rule, not to exceed 25 percent of the original CON application fee. If no obligation has occurred within such period, the certificate of need shall be considered terminated and shall be null and void. Should the obligation be incurred within such valid period, the certificate of need shall be continued in effect for a period not to exceed one year or the completion of the construction project, whichever shall be later, or the inauguration of the service or the actual purchase of equipment.

(b) Failure to commence the construction project within the time period stated in the construction contract or to complete the construction project within the time period specified in the construction contract, which may be extended by mutual agreement of the parties to the contract, shall render the certificate of need null and void, unless tolled or extended pursuant to statute or SHPDA rule or regulation. Provided, the SHPDA, or an administrative law judge appointed by the Governor on appeal for a fair hearing, may for causes beyond the control of the applicant, continue the certificate of need in force if commencement of the construction project is delayed for a period not to exceed 60 days or if during the specified construction period the construction work should cease for not more than six months, or in the event of default in the construction contract by the contractor, or if, for any cause, the construction work has not ceased or otherwise been stopped for a period exceeding 60 consecutive days.

(c) Applicants who held valid certificates of need which were terminated under this section may file a new application for a certificate pursuant to and subject to the provisions of this article.

(d) Upon completion of the construction and issuance of a certificate of completion or the receipt of proof of purchase of equipment or inauguration of a new health service, the certificate of need shall be vested in and continued in force and effect as a part of the health care facility and shall survive changes of control and changes of ownership of the health care facility without further certificate of need approval by this agency.

(e) Prior to becoming vested under subsection (d), a certificate of need shall not be transferable, assignable, or convertible other than to an entity under common ownership and control. As used in this subsection only, “ownership and control” means ownership, directly or through one or more affiliates, of 50 percent or more of the shares of stock entitled to vote for the election of directors, in the case of a corporation, or 50 percent or more of the voting equity interests in the case of any other type of legal entity, or status as a general partner in any partnership, or any other arrangement whereby an entity including, without limitation, any governmental entity, controls or has the right to control the selection of 50 percent or more of the board of directors, managing members, or equivalent governing body of a legal entity. An “affiliate” under the preceding sentence means any corporation, limited liability company, partnership, or other legal entity that directly or indirectly controls or is controlled by or is under common control with such entity. Any agreement entered into by an applicant, prior to the issuance of a certificate of need, to transfer ownership or control of such health care facility to another person after the certificate becomes vested shall be disclosed to SHPDA prior to a decision by the Certificate of Need Review Board to grant or deny such certificate.

(f) Notwithstanding any other provisions of this article, the transfer of equity interests in, or change of name or merger of, any legal entity which holds a certificate of need shall not constitute a transfer, assignment, or conversion of the certificate of need. The transaction is not subject to certificate of need approval under this article unless the transaction also involves implementing one or more of the new institutional health services or a new health care facility or health maintenance organization described in subdivisions (2), (3), or (4) of Section 22-21-263(a). The preceding sentence is applicable to all transactions occurring on or after July 30, 1979.

(g) SHPDA may adopt rules requiring the submission of informational filings relating to a transfer of control or ownership interests under subsections (d), (e), and (f).

(h) The provisions of this section are applicable to all transactions occurring on or after July 30, 1979.
Ala. Code § 11-28-3 — Alabama Code / Title 1 / Chapter 28 / Section 11-28-3
Section 11-28-3 Special Pledges
Status: in_force

If the county commission of any county determines to issue warrants under this chapter that are general obligations of such county, or if such county commission determines to issue warrants under this chapter that are limited obligations of such county payable solely from specified sources, then such county commission may assign and specifically pledge for the payment of the principal of and the interest on such general obligation warrants (as additional security for the payment thereof) or for the payment of the principal of and interest on such limited obligation warrants (as the sole source for the payment thereof), as the case may be, all or any portion of the funds derived from any one or more of the following sources that are not subject to previous pledges or covenants which would prevent the assignment and pledge hereby authorized, that are not required by the laws and Constitution of the State of Alabama to be devoted to other purposes, and that such county may at any time be authorized to levy, collect or receive:

(1) The proceeds from the general annual ad valorem tax which such county is authorized to levy without reference to the purpose thereof under the provisions of Section 215 of the Constitution of Alabama of 1901;

(2) The proceeds from the ad valorem tax which such county is authorized to levy under the provisions of Section 215 of the said Constitution for the purpose of paying any debt or liability created for the erection of necessary public buildings, bridges or roads;

(3) The proceeds from any other tax (including any ad valorem tax and any occupational, privilege, license or excise tax) that such county is authorized to levy at the time of the issuance of such warrants;

(4) Any payments in lieu of taxes made to such county by other governmental entities or by private persons or companies pursuant to contractual arrangements or laws in effect at the time of the issuance of such warrants;

(5) The portion of any tax levied and collected by any other governmental entity that shall be apportioned and paid to such county pursuant to laws in effect at the time of the issuance of such warrants;

(6) The income derived from the investment of moneys lawfully held by such county, including, without limitation thereto, the income derived from investments in which the proceeds of refunding obligations issued by such county may be invested until needed for the payment of the obligations to be refunded; and

(7) The revenues from any revenue producing properties owned, leased or operated by such county, including, without limitation thereto, any water system, sewer system, electric distribution system or other utility.

The pledge of any pledged funds for the payment of the principal of and interest on warrants issued by any county pursuant to this chapter, together with any covenants of such county relating to such pledge, shall have the force of contract between such county and the holders of such warrants. To the extent necessary and sufficient for making the payments secured by any pledge of pledged funds made pursuant to the provisions of this chapter, such pledged funds shall constitute a trust fund or funds which shall be impressed with a lien in favor of the holders of the warrants to the payment of which such pledged funds are pledged. In the event that more than one pledge should be made with respect to any pledged funds, then such pledges shall take precedence in the order in which they are made unless the proceedings making such pledge shall expressly provide that such pledge shall be on a parity with or subordinate to a subsequent pledge of such pledged funds. All warrants for which any pledge authorized by the provisions of this chapter may be made shall constitute preferred claims against that portion of the pledged funds so pledged, and shall have preference over any claims for any other purpose whatsoever.
Ala. Code § 22-19-42 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-42
Section 22-19-42 Who May Donate All, or Part Of, Body; Rights of Donees
Status: in_force

(a) Any individual of sound mind and 18 years of age or older may give all, or any part of, his body for any purposes specified in Section 22-19-43, the gift to take effect upon death.

(b) Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all, or any part of, the decedent’s body for any purpose specified in Section 22-19-43:

(1) The spouse;

(2) An adult son or daughter;

(3) Either parent;

(4) An adult brother or sister;

(5) A guardian of the person of the deceased at the time of his death; or

(6) Any other person authorized or under obligation to dispose of the body.

(c) If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or of a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this section may make the gift after or immediately before death.

(d) A gift of all, or part of, a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(e) The rights of the donee created by the gift are paramount to the rights of others, except as provided by subsection (d) of Section 22-19-47.
Ala. Code § 11-8-4 — Alabama Code / Title 1 / Chapter 8 / Section 11-8-4
Section 11-8-4 Principal and Interest on Refunding Warrants to Constitute Part of Annual County Operating Budget; Payment of Same
Status: in_force

Where counties issue or have heretofore issued refunding warrants in lieu of obligations outstanding, the interest of such outstanding warrants together with the principal thereof maturing in any fiscal year, shall constitute a part of the current operating budget of such county for that fiscal year and shall be paid out of funds available in such year for operating purposes, unless funds are provided otherwise for such payment.
Ala. Code § 1-2-32 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-32
Section 1-2-32 State Historic Theatre
Status: in_force

The Alabama Theatre for the Performing Arts is designated as the official State Historic Theatre for the State of Alabama.
Ala. Code § 22-21-22 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-22
Section 22-21-22 License - Required; Exceptions
Status: in_force

No person shall establish, conduct or maintain any hospital as defined in Section 22-21-20 without first obtaining the license provided in this article. Hospitals operated by the federal government and mental hospitals under the supervision of the board of trustees of the Alabama State Hospitals shall be exempt from the provisions of this article.
Ala. Code § 22-23A-6 — Alabama Code / Title 1 / Chapter 23A / Section 22-23A-6
Section 22-23A-6 Powers of Authority
Status: in_force

(a) The authority shall have the following powers, among others specified by this chapter:

(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;

(2) To sue and be sued and to prosecute and defend, at law and in equity, in any court having jurisdiction of the subject matter and of the parties thereto;

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

(4) To establish a fiscal year;

(5) To construct and operate or lease to or from any community water system;

(6) To execute agreements effectively obligating the authority to agree to pay and to pay such portion of the estimated reasonable cost of the project of each community water system as may be required to meet the water supply goals of the state;

(7) To issue bonds or other obligations provided such proceeds are deposited in a special “Water Supply Assistance Fund” within the State Treasury;

(8) To enter into such agreements in connection with the sale of its bonds as the board shall determine, including arrangements for letters of credit, bond insurance or other credit enhancement devices, provided that no such arrangement shall obligate funds of the authority other than as provided in this chapter;

(9) To appoint and employ such attorneys, financial advisors, agents and employees as the business of the authority may require; and

(10) To promulgate and establish guidelines and procedures relating to loans or grants by the authority including but not necessarily limited to limits on the amounts of such loans or grants and eligibility requirements for such loans or grants.

(b) The authority shall use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards.

(c) The Governor shall deliver an annual report of the authority to the Legislature.
Ala. Code § 22-27-16 — Alabama Code / Title 1 / Chapter 27 / Section 22-27-16
Section 22-27-16 Ownership and Disposition of Recovered Materials
Status: in_force

Notwithstanding any other law or any provision of this article to the contrary, a generator of recovered materials owns those materials until such time as the generator may voluntarily relinquish ownership of those materials. The generator may not be prohibited from selling, conveying, or arranging for the transportation of recovered materials to a recycler or recovered materials processing facility for reuse or recycling, nor preventing a recycling company, recovered materials processing facility, or nonprofit entity from buying, accepting, collecting, or transporting recovered materials from a buy-back center, drop-box, or from any generator of recovered materials.
Ala. Code § 22-11B-5 — Alabama Code / Title 1 / Chapter 11B / Section 22-11B-5
Section 22-11B-5 Immunization Status - Limitations on Use; Documentation; Requirements or Preconditions
Status: in_force

(a) A state or local government entity, or any of its officers or agents, may not issue vaccine or immunization passports, vaccine or immunization passes, or any other standardized documentation for the purpose of certifying the immunization status of an individual, or otherwise require the publication or sharing of immunization records or similar health information for an individual, except as otherwise required by Chapter 30 of Title 16, or other applicable state law.

(b) A state or local government entity or agency, or any of its officers or agents, may not require an individual to receive an immunization or present documentation of an immunization as a condition for receiving any government service or for entry into a government building, except as otherwise required by Chapter 30 of Title 16, or other applicable state law.

(c) Institutions of education may continue to require a student to prove vaccination status as a condition of attendance only for the specific vaccines that were already required by the institution as of January 1, 2021, provided that the institutions give an exemption for students with a medical condition or religious belief that is contrary to vaccination.

(d) An entity or individual doing business in this state may not refuse to provide any goods or services, or refuse to allow admission, to a customer based on the customer’s immunization status or lack of documentation that the customer has received an immunization.
Ala. Code § 22-21-374 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-374
Section 22-21-374 Fees and Taxes; Applicable Insurance Laws
Status: in_force

(a) A dental service corporation will pay the prescribed fees and taxes required of a disability insurer.

(b) The following provisions of the insurance laws of this state apply to dental service corporations authorized by this article, to the extent that they are not inconsistent with the provisions herein:

(1) Title 27, Chapters 1 and 2, Administration and General Provisions.

(2) Title 27, Chapter 2B, Risk-Based Capital for Insurers.

(3) Title 27, Chapter 4, Fees and Taxes.

(4) Title 27, Chapter 6, Administration of Deposits.

(5) Title 27, Chapter 12, Unfair Trade Practices.

(6) Title 27, Chapter 32, Insurer Insolvency; Rehabilitation and Liquidation.

(c) The commissioner may by rule modify or waive any requirements referred to in subsection (b) for dental service corporations if that is necessary to avoid unreasonable hardship, expense, or inconvenience and if the interests of subscribers continue to be adequately protected.
Ala. Code § 22-4-11 — Alabama Code / Title 1 / Chapter 4 / Section 22-4-11
Section 22-4-11 Preparation, Adoption, Etc., of Preliminary State Health Plan Generally; Provision in Plan for Visual Care
Status: in_force

The State Board of Health, with the advice and consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered to prepare, review and revise as necessary a preliminary state health plan which shall be made up of the health systems plans of the health systems agencies within the state. The state agency may make revisions of the health systems plans to achieve appropriate coordination or to deal more effectively with statewide health needs. The preliminary state health plan shall be submitted to the statewide health coordinating council for approval or disapproval and for its use in developing the State Health Plan. The State Board of Health is authorized to confer with any or all other persons, organizations or governmental agencies that have an interest in public health problems and needs.

Any portion of the State Health Plan that provides for visual care, as authorized in Chapter 22 of Title 34 of this Code, relating to optometry, shall provide that the service shall be performed by a duly licensed optometrist, ophthalmologist or licensed physician skilled in the diseases of the eye, whichever the patient or individual may select.
Ala. Code § 11-8-13 — Alabama Code / Title 1 / Chapter 8 / Section 11-8-13
Section 11-8-13 Office Supplies and Ex Officio Fees of County Officials
Status: reserved

Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
Ala. Code § 22-4-15 — Alabama Code / Title 1 / Chapter 4 / Section 22-4-15
Section 22-4-15 Designation of State Board of Health as State Agency for Receipt and Administration of Funds, Gifts, Etc., for Construction, Maintenance, Etc., of Public Health Care Facilities; Power of State Board of Health to Enter into Contracts with Agencies for Those Purposes
Status: in_force

The State Board of Health is hereby designated as the sole and official agency of the State of Alabama to receive and administer any and all funds for the purpose of constructing, equipping, maintaining and operating public health care facilities appropriated by the United States Government or the State of Alabama, and it may receive and administer any and all gifts or donations in general from any individual or agency for the purpose of constructing, equipping, maintaining and operating such facilities. The State Board of Health is hereby authorized to enter into contracts with any agency for the purpose of carrying the above into effect.
Ala. Code § 22-19-70 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-70
Section 22-19-70 Inclusion of Question Regarding Organ Donation as Part of Driver’s License or Nondriver Identification Card Application System; Notation of Affirmative Response on License or Card
Status: in_force

No later than January 1, 1998, the Alabama State Law Enforcement Agency shall redesign the driver’s license and nondriver identification card application system to process requests for information regarding consent of the individual to organ or tissue donation. The following question in the following substantial form shall be asked of each applicant at point of issuance or renewal site:

“Do you wish to have the organ donor designation printed on your driver’s license?”

Only an affirmative response of an individual shall be noted on the front of the driver’s license or nondriver identification card which shall clearly indicate the intent of the individual to donate his or her organs and tissue by the printing of the words “ORGAN DONOR” on the front of the license or card.
Ala. Code § 11-8A-5 — Alabama Code / Title 1 / Chapter 8A / Section 11-8A-5
Section 11-8A-5 Preparatory Advice and Consultation
Status: in_force

In preparing the county government bond financing review form, the county commission shall consult with and obtain advice from either an attorney for the county, the county administrator, or, at the option of the county commission, a certified public accountant regarding any and all bond or swap proposals received by the county. The person or persons utilized by the county commission for advice and consultation shall review all documents to be included at the execution of the bond financing agreement or swap agreement.
Ala. Code § 1-3-5 — Alabama Code / Title 1 / Chapter 3 / Section 1-3-5
Section 1-3-5 Reclassification Date
Status: in_force

The one hundred twentieth day after the first day of the first regular legislative session held next after the publication by the federal government of the regular federal decennial population census for Alabama is hereby fixed as the date for any reclassification under any law requiring classification based on such said census. The provisions of this section shall not apply to any law which provides for the levying or collection of license taxes on a population basis or the distribution of state and county collected or administered revenue or funds on a population basis, and the population as disclosed by any federal decennial census, as soon as the same is proclaimed, published or certified by the Director of the United States Census Bureau, shall be used in administering any such law.
Ala. Code § 11-25-10 — Alabama Code / Title 1 / Chapter 25 / Section 11-25-10
Section 11-25-10 Libraries to Receive State Acts and Code
Status: in_force

County law libraries shall be on the distribution list of the Secretary of State to receive one set each of the Acts of Alabama and the Code of Alabama and the supplements thereto.
Ala. Code § 22-6-40 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-40
Section 22-6-40 Medicaid Agency Authorized to Increase Financing and Adjust Insurance Premiums for Family Practitioners, Pediatricians and Obstetricians
Status: in_force

The Legislature recognizes the shortage of and the decline in obstetrical care in the rural areas of the state and the hardship imposed on those who are required to travel many miles to obtain the necessary prenatal care and ultimately delivery at term. The Legislature further recognizes the high infant mortality rates that are attributed in part to inadequate care during pregnancy, delivery, and necessary care after delivery. The Legislature further recognizes that the reduction in available care and services is attributed in part to high liability insurance premiums. In recognizing the ability of the Alabama Medicaid Agency to maximize state revenues, it is the intent of the Legislature that the Alabama Medicaid Agency provide increased financing for family practitioners, pediatricians and obstetricians to increase availability of obstetrical services and to address the difference in existing insurance premiums and the amount required for obstetrical practice.
Ala. Code § 1-1-10 — Alabama Code / Title 1 / Chapter 1 / Section 1-1-10
Section 1-1-10 Repeal of uncodified statutes of public, general, and permanent nature; certain statutes saved from repeal
Status: repealed

Subject to the provisions of this section, or as may be otherwise provided in this Code, all statutes of a public, general and permanent nature, not included in this Code, are repealed. The foregoing provisions of this section shall not repeal, nor be construed to repeal, local, private or special statutes; nor statutes which relate to or apply to only one county, municipality, political subdivision, district or territory; nor statutes which apply to one or more counties, municipalities, political subdivisions, districts or territories on the basis of population; nor statutes in effect on the effective date of this Code which apply to one or more judicial circuits of the state, whether by specific reference thereto, or the basis of population or by some other method of identification or classification; nor statutes in effect on the effective date of this Code which establish the amount or rate of salary or compensation of any state officer or employee or any other person whose salary or compensation is paid, in whole or in part, by the state, or which establish minimum or maximum amounts of salary or compensation, or which provide additional compensation for the performance of specified services or duties; nor statutes relating to the swamp and overflowed lands; nor statutes relating to the public debt or authorizing the issuance of bonds or other evidence of indebtedness by the state or any county, municipality, political subdivision or agency thereof; nor statutes appropriating funds; nor any act submitting an amendment to the Constitution or any act to be effective upon the adoption of such an amendment to the Constitution; nor statutes becoming effective after the effective date of this Code.
Ala. Code § 22-21-215 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-215
Section 22-21-215 County Admissions Committees - Powers and Duties; Liability
Status: in_force

The admissions committee in each county shall determine the indigency of any resident of the county making application for hospitalization as an indigent under the authority of this article and shall promulgate and adopt such rules and regulations as it deems necessary in the admission of indigent patients, but the admission of indigent patients and the promulgation and adoption of such rules and regulations shall not be inconsistent either with the provisions of this article or with the rules and regulations promulgated and adopted by the State Board of Health under this article. No member of the admissions committee shall be personally liable, either civilly or criminally, for any action taken by the committee.
Ala. Code § 22-21-332 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-332
Section 22-21-332 Investment of Funds
Status: in_force

(a) To the extent permitted by the contracts of the authority with the holders of its securities and if not otherwise specifically prohibited by any other provision of this article, the authority may invest any portion of the principal proceeds derived from the sale of any of its securities which is not then needed for any of the purposes for which such securities were authorized to be issued, the moneys held in any special fund created pursuant to any resolution or indenture authorizing or securing any of its securities, and any other moneys of the authority not then needed by it, in any of the following:

(1) Federal securities;

(2) Any debt securities that are direct obligations of any agency of the United States of America;

(3) Interest-bearing bank time deposits and interest-bearing bank certificates of deposit; and

(4) Interest-bearing time deposits and interest-bearing certificates of deposit of any federally-chartered savings and loan association.

(b) Any securities, time deposits or certificates of deposit in which any such investment is made may, at any time and from time to time, be sold or otherwise converted into cash. The income derived from any such investments shall be disbursed on order of the board for any purpose for which the authority may lawfully expend funds.
Ala. Code § 22-35-11 — Alabama Code / Title 1 / Chapter 35 / Section 22-35-11
Section 22-35-11 Notice to Underground and Aboveground Storage Tank Owners of Provisions of Chapter
Status: in_force

No later than 90 days after October 1, 1988, with regard to underground storage tank owners and no later than 90 days after August 1, 1993, with regard to aboveground storage tank owners, the department shall notify said tank owners of the privileges of this chapter, the required timely payment of fees, the deadlines for payment thereof, and the manner in which late charges may be applied. This notification shall be accomplished by publication in newspapers published at least once per week in each county of the state. In the event a county does not have a newspaper which is published at least once a week, the publication in a newspaper published at least once a week in an adjoining county shall be sufficient. Registration of aboveground storage tanks as provided herein shall occur no later than January 31, 1994.
Ala. Code § 22-30B-5 — Alabama Code / Title 1 / Chapter 30B / Section 22-30B-5
Section 22-30B-5 Time for Payment of Fees; Penalty for Failure to Timely Pay Fees; Interest
Status: in_force

All state fees levied under this chapter shall be paid to the State Department of Revenue no later than the thirtieth day of the month next following receipt of such hazardous waste or hazardous substance for disposal. Any person, firm or corporation which fails to pay the fee herein levied, within the time required shall pay, in addition to such fee, a penalty of 10 percent of the amount of the fee due, together with interest thereon at the annual rate prescribed under Section 40-1-44, from the date which the fee levied under the provisions of this chapter became due and payable, such penalty and interest to be assessed and collected as part of the fee itself.
Ala. Code § 22-21-411 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-411
Section 22-21-411 Discharge Data Collection Systems and Processes; Reports
Status: in_force

(a) The department, upon consultation and approval of the council, shall establish and maintain processes and systems necessary for the protection, collection, and dissemination of discharge data. The department’s discharge data collection systems and processes required by this article shall become operational on or before January 1, 2022.

(b) Commencing April 1, 2022, and quarterly thereafter, all hospitals shall submit to the department discharge data containing discharge data pursuant to rules adopted by the department.

(c) The initial report and each report thereafter shall only be required to include inpatient and outpatient discharge data for those individuals provided services during the three months immediately preceding the date of the discharge data. Any discharges prior to the date immediately preceding the three months prior to the initial report shall not be reported under this article.

(d) The department may contract for any services needed to carry out the provisions of this article.
Ala. Code § 22-37-1 — Alabama Code / Title 1 / Chapter 37 / Section 22-37-1
Section 22-37-1 Short Title
Status: in_force

This chapter may be cited as the “Alabama Lead Ban Act of 1988.”
Ala. Code § 22-20-3 — Alabama Code / Title 1 / Chapter 20 / Section 22-20-3
Section 22-20-3 Neonatal Testing for Certain Diseases; Rulemaking Authority
Status: in_force

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

(1) COMMITTEE. The State Committee of Public Health.

(2) NEWBORN SCREENING PANEL or PANEL. The list of conditions that the State of Alabama screens for as part of the Newborn Screening Program.

(3) NEWBORN SCREENING PROGRAM. The Alabama Department of Public Health’s program that tests newborn children for conditions on the Newborn Screening Panel and identifies newborn children that may have those conditions.

(4) RUSP. The Recommended Uniform Screening Panel recommended by the Secretary of the Department of Health and Human Services for states to screen as part of their newborn screening programs.

(5) STATE LABORATORY. The Bureau of Clinical Laboratories within the Alabama Department of Public Health.

(b) The administrative officer, other individuals in charge of each institution caring for newborn children 28 days old or younger, the physician attending a newborn child, or the individual attending a newborn child that was not attended by a physician shall cause to have administered to every newborn child in his or her care: (i) testing for any disease for which the newborn has a known family history and which can be diagnosed at birth; and (ii) a reliable test for conditions on the Newborn Screening Panel, including genetic, metabolic, or other heritable diseases as approved for inclusion on the Newborn Screening Panel by the committee, pursuant to Section 22-20-3.2, provided, however, that the committee shall designate only conditions that are detectable by mass screening of newborn children. Initial mass screening tests and the recording of results shall be performed by the State Laboratory as prescribed by the committee and confirmatory tests shall be undertaken by laboratory facilities as designated by the attending physician or parent.

(c) No screening or confirmatory tests shall be given to any newborn child whose parent or parents object on the grounds that the screening or tests conflict with their religious tenets and practices. In the event a test is not given to a newborn child on account of objections by his or her parent or parents, then no physician, nurse, laboratory technician, individual administering tests, hospital, institution, or other health care provider shall be liable for failure to administer the test.

(d) The committee shall adopt rules as necessary to provide for the care and treatment of newborn children whose tests are determined positive, including, but not limited to, advising dietary treatment for newborn children. The committee shall adopt any other rules necessary to effectuate this section, including the collection of a reasonable fee for the newborn screening program.
Ala. Code § 22-4B-6 — Alabama Code / Title 1 / Chapter 4B / Section 22-4B-6
Section 22-4B-6 Paid Educational Leave - Duties in the Health Department - Attendance Reports
Status: in_force

At the option of the board, recipients attending nursing school may be granted paid educational leave during times of such attendance. Employees attending school full-time shall be assigned duties in the health department on weekdays, except state holidays, when school is not in session, or shall be charged with annual leave or sick leave, as appropriate. Employees attending school part-time shall perform duties in the health department except when scheduled for class. Educational institutions approved by the board for participation in the program shall be required, as a condition of such approval, to submit monthly attendance reports to the department for all loan recipients. Employees granted paid educational leave shall be charged for annual leave for each school day or portion thereof when not in attendance. Repeated unexcused absences shall be sufficient cause for the board to cancel the loan agreement. Employees receiving salaries while attending school shall be required to repay as principal the total amount loaned for tuition, books, and other expenses, plus the total amount of their salaries paid while in attendance at school, in the event repayment is required under the provisions of Section 22-4B-4.
Ala. Code § 22-3A-4 — Alabama Code / Title 1 / Chapter 3A / Section 22-3A-4
Section 22-3A-4 Application
Status: in_force

To become a corporation, the State Health Officer, the Governor or his designee, the Finance Director of the state, the State Treasurer, the member representing the House of Representatives, and the member representing the Senate shall present to the Secretary of State an application signed by them which shall set forth: (1) The name, official designation, and official residence of each of the applicants; (2) The date on which each applicant was inducted or elected into office and the term of office of each applicant; (3) The name of the proposed corporation, which shall be the Alabama Public Health Finance Authority; (4) The location of the principal office of the proposed corporation; and (5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter. The application shall be subscribed and sworn to by each of the applicants before an officer authorized to take acknowledgments to deeds. The Secretary of State shall examine the application and if he finds that it substantially complies with the requirements of this section of this chapter, he shall receive, file and record it in an appropriate book of records in his office.
Ala. Code § 22-19-101 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-101
Section 22-19-101 Certification of Qualifications, Proficiency, Etc
Status: in_force

The Medical Director and the Executive Director of the Alabama Eye Bank shall certify that no employee shall be allowed to perform eye tissue procurement unless the employee possesses the necessary educational qualifications, standards of proficiency, and fitness.
Ala. Code § 22-21-25 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-25
Section 22-21-25 License - Issuance; Suspension or Revocation; New Applications After Revocation
Status: in_force

(a) The State Board of Health may grant licenses for the operation of hospitals which are found to comply with the provisions of this article and any regulations lawfully promulgated by the State Board of Health.

(b) The State Board of Health may suspend or revoke a license granted under this article on any of the following grounds:

(1) Violation of any of the provisions of this article or the rules and regulations issued pursuant thereto.

(2) Permitting, aiding or abetting the commission of any illegal act in the institution.

(3) Conduct or practices deemed by the State Board of Health to be detrimental to the welfare of the patients of the institution.

(c) Before any license granted under this article is suspended or revoked, written notice shall be given the licensee, stating the grounds of the complaint, and the date, time, and place set for the hearing of the complaint, which date of hearing shall be not less than 30 days from the date of the notice. The notice shall be sent by registered or certified mail to the licensee at the address where the institution concerned is located. The licensee shall be entitled to be represented by legal counsel at the hearing.

(d) If a license is revoked as provided in this section, a new application for license shall be considered by the State Board of Health if, when, and after the conditions upon which revocation was based have been corrected and evidence of this fact has been furnished. A new license shall then be granted after proper inspection has been made and all provisions of this article and rules and regulations promulgated under this article have been satisfied.
Ala. Code § 22-40A-11 — Alabama Code / Title 1 / Chapter 40A / Section 22-40A-11
Section 22-40A-11 Administration and Enforcement
Status: in_force

(a) Except as provided for herein, the department is designated by this chapter as the administrating agency for this chapter including administering remediation and enforcement programs; provided, however, the department may enter into delegation agreements with county commissions for enforcement of this chapter. The department is hereby authorized to carry out the purposes of this chapter and is empowered to administer and enforce this chapter using the authorities granted to it by the Environmental Management Act.

(b) The department shall develop and manage a remediation contract program for cleanup, management, or disposal of scrap tires.

(c) The department may by regulation exempt certain tires under this chapter and grant variances or place additional requirements on persons subject to this chapter and the department’s regulations.

(d) The department shall administer the program in a way to ensure enforcement of the chapter in all counties.

(e) Department funds and resources as provided by the Scrap Tire Fund (STF) may be used for support of on-going training for delegated county programs, department staff, and others involved in the enforcement of this chapter.

(f) The department, after holding a hearing in accordance with the procedures set forth by regulation, may revoke, suspend, or deny a receiver registration, a processor or transporter permit, or an exemption or variance based on the requirements of this chapter.

(g) Those funds collected by the department for violations pursuant to this chapter shall be directed to the Scrap Tire Fund, except for a portion of those funds directed to the department to cover expenses to obtain a penalty.

(h) The department, by regulation, may develop other incentive programs to reduce illegal scrap tire disposal.
Ala. Code § 11-4-41 — Alabama Code / Title 1 / Chapter 4 / Section 11-4-41
Section 11-4-41 Selection
Status: in_force

The county commission shall select as the county depository for the placing therein of county funds a qualified public depository under Chapter 14A of Title 41. Where permitted by law, the commission shall select a qualified public depository or qualified public depositories that provide proposals offering the highest rate of interest to the county on daily balances of bank deposits at the time of the selection.
Ala. Code § 22-2A-4 — Alabama Code / Title 1 / Chapter 2A / Section 22-2A-4
Section 22-2A-4 Applicability of Chapter
Status: in_force

Notwithstanding any other provision of law to the contrary, pharmaceutical programs as defined herein shall obtain drugs through the program established pursuant to this chapter, unless a particular pharmaceutical program can purchase its pharmaceuticals at a special rate, which is lower than the savings and rebates that could be realized under this chapter, through an agreement or federal or state government public health program or a contract currently in place for the purchasing of pharmaceuticals by a pharmaceutical program in this state. In the event a contract is currently in place for the purchasing of pharmaceuticals by a pharmaceutical program in this state, the contract shall not be abrogated and shall remain in place until the occurrence of the earlier of the expiration date or the earliest termination date, as applicable.
Ala. Code § 22-30E-9 — Alabama Code / Title 1 / Chapter 30E / Section 22-30E-9
Section 22-30E-9 Requirements for Voluntary Property Assessment Plans, Voluntary Cleanup Plans; Financial Assurance
Status: in_force

(a) Subject to Sections 22-30E-8 and 22-30E-10, upon the first to occur of the department’s approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or concurrence with the certification of compliance described in this section, an applicant who is not a responsible person with respect to a qualifying property shall be fully discharged and released from any and all liability to the state or any other person, including any successor in interest to the applicant with respect to the qualifying property, for costs incurred, including any remediation costs or post-remediation costs.

(b)(1) A voluntary property assessment plan submitted by an applicant shall describe in sufficient detail those actions planned to develop information necessary to perform a risk assessment or identify applicable cleanup standards for the qualifying property utilizing risk-based corrective action principles through the appropriate implementation of applicable response actions or land use controls.

(2) A voluntary property assessment plan shall include that a responsible person applicant for a qualifying property may limit the assessment of contaminants and may limit the delineation of potential contamination to the qualifying property boundaries or portions thereof.

(3) Upon the department’s approval of the voluntary property assessment plan, the applicant shall implement the plan.

(4) The department’s approval of the voluntary property assessment plan shall specify a time within which the applicant shall initiate activities under the voluntary property assessment plan. The department shall approve or disapprove each complete plan within 60 days of receiving the submittal. Failure to act within this time shall be deemed approval.

(5) If at any time the department determines activities at the property are not being implemented in accordance with the voluntary property assessment plan, the department, after a reasonable opportunity is given to cure the deficiency, may revoke the limitation of liability by providing the applicant with written notification specifying the basis for making the determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the plan within a reasonable specified time. If at any time the applicant or the department determines that any element of an approved voluntary property assessment plan must be modified in order to develop the information necessary to perform a risk assessment or identify applicable cleanup standards for the qualifying property, the applicant shall modify the approved plan and obtain approval of the proposed modification. If at any time the applicant determines that any element of an approved voluntary property assessment plan must be modified in order to terminate activities at the property for any reason, the applicant shall notify the department and obtain approval of the proposed modification which may be withheld only if the requested modification to terminate assessment activities would increase the risk to human health and the environment posed by the conditions at the property.

(6) An applicant, upon completion of those activities specified in the voluntary property assessment plan, shall submit to the department a report of the assessment and findings from the assessment, which may include a recommendation for applying cleanup standards to the property.

(c)(1) A voluntary cleanup plan submitted by an applicant shall describe in sufficient detail those actions planned to satisfy the cleanup standards for the qualifying property.

(2) The applicant shall submit proof of financial assurance, in a form specified by the department, of his or her ability to implement the voluntary cleanup plan, provided one form of acceptable assurance shall be to rely solely on the assets of the applicant.

(3) Upon the department’s approval of the voluntary cleanup plan, the applicant shall implement the plan. The department’s approval of a voluntary cleanup plan shall not be construed as a guarantee, promise, or assurance that the department will concur with the applicant’s certification of compliance with the cleanup standards.

(4) The department’s approval of the voluntary cleanup plan shall specify a time within which the applicant must initiate activities under the voluntary cleanup plan. The department shall approve or disapprove each properly submitted plan within 60 days after completion of applicable requirements established pursuant to Section 22-30E-4(b)(5). Failure to act within this time shall be deemed approval.

(5) If at any time the department determines the cleanup is not being implemented in accordance with the voluntary cleanup plan, the department, after a reasonable opportunity is given to cure the deficiency, may revoke the limitation of liability by providing the applicant with written notification specifying the basis for making the determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the voluntary cleanup plan within a reasonable specified time. If at any time the applicant determines that any element of an approved voluntary cleanup plan must be modified in order to achieve the applicable cleanup standards for the qualifying property, the applicant shall notify the department and obtain approval of the proposed modification. If at any time the applicant determines that any element of an approved voluntary cleanup plan must be modified in order to terminate activities at the property for any reason, the applicant shall notify the department and obtain approval of the proposed modification which may be withheld only if the requested modification would increase the risk to human health and the environment posed by the conditions at the property.

(6) An applicant, upon completion of those activities specified in the voluntary cleanup plan, shall submit to the department a compliance status report certifying the compliance of the qualifying property with the cleanup standards and cleanup requirements. The qualifying property shall be deemed in compliance with the cleanup standards upon the applicant’s receipt of the department’s written concurrence with the compliance status report.

(d) Upon the department’s approval of the voluntary property assessment plan or voluntary cleanup plan, the property shall be listed on the Voluntary Cleanup Properties Inventory as provided in Section 22-30E-11.

(e) For those properties that are cleaned up to standards less stringent than those required for unrestricted residential use, the property owner shall comply with the requirements of Section 22-30E-11(b) within 60 days of the submission of the certification of compliance.

(f) Subject to Sections 22-30E-8 and 22-30E-10, upon the department’s concurrence with the certification of compliance described in this section with respect to a qualifying property, an applicant shall be relieved of further liability to the state for the cleanup of the property under Chapters 22, 27, 30, 30A, and 35, for any contamination identified and addressed in reports, assessments, or plans submitted to and approved by the department to demonstrate compliance with the risk-reduction standards.

(g) Subject to Sections 22-30E-8 and 22-30E-10, upon the first to occur of the department’s approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or concurrence with the certification of compliance described in this section, with respect to a qualifying property, a responsible person applicant shall be fully discharged and released from any and all liability to the state or to any other person, including any successor in interest to the applicant, with respect to the qualifying property for post-remediation costs incurred in connection with, equitable relief relating to, or damages resultant from, in whole or in part, a preexisting release at the qualifying property.
Ala. Code § 22-21-45 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-45
Section 22-21-45 Rules and Regulations; Review by Advisory Board
Status: in_force

The State Board of Health shall establish rules and regulations to carry out the purpose of this article. These rules and regulations shall be reviewed and approved by the advisory board established by Section 22-21-27. The advisory board shall also be provided reports at its meetings on the fees collected and review process for those projects completed prior to the board’s meeting.
Ala. Code § 11-3A-4 — Alabama Code / Title 1 / Chapter 3A / Section 11-3A-4
Section 11-3A-4 Alcoholic Beverage Licenses in Class 3 Municipalities with Elected County Commission Chair
Status: in_force

(a) This section shall apply to any county with a Class 3 municipality that has an elected county commission chair.

(b) All other provisions of law, rules, or regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board may not issue in the unincorporated area of any applicable county any form of license, including, but not limited to, off-premise consumption licenses, restaurant licenses, or club licenses, for the retail sale of any form of intoxicating beverages, including, but not limited to, malt liquor, beer, wine, liquor, or other alcoholic beverage regulated by the board, unless one of the following requirements are satisfied:

(1) The application has first been approved by the county commission.

(2) The denial of approval by the county commission has been set aside by order of the circuit court of the county on the grounds that approval by the county commission was arbitrarily or capriciously denied without a showing of one of the following:

a. The creation of a nuisance.

b. Circumstances clearly detrimental to or which would adversely affect the public health, safety, and welfare of the adjacent residential neighborhoods.

c. A violation of applicable zoning restrictions or regulations.

d. An individual applying for the license has a prior conviction involving the use of alcohol or a controlled substance.

e. The proximity of the business to a school or child care facility and the business hours of the operation will create a harmful environment for the children.

f. The traffic congestion created by licensing the proposed location will endanger others.

g. Any other reason that poses a risk.

(c) A proceeding in the circuit court to review an action of the county commission denying approval of an application shall be an expedited de novo proceeding heard by a circuit judge without a jury who shall consider any testimony presented by the county commission and any new evidence presented in explanation or contradiction of the testimony. Any proceeding to review the denial of approval of a license application shall be commenced within 14 days of the action by the county commission and shall be set for hearing by the court within 30 days thereafter.

(d) Notwithstanding any other provision of law, the county commission may adopt ordinances regulating the location of retail licenses for the sale of alcoholic beverages.
Ala. Code § 11-17-14 — Alabama Code / Title 1 / Chapter 17 / Section 11-17-14
Section 11-17-14 Burial Societies, Cemeteries, Etc., Empowered to Accept Conveyances, Devises, Etc., and to Act as Trustees
Status: in_force

Every burial society or burial association organized under the laws of this state and every corporation having power to act as trustee or engage in the business of owning, controlling, and maintaining private or public cemeteries are hereby empowered to accept any such conveyance, transfer, devise, or bequest and to act as trustee for any such trust.
Ala. Code § 22-18-20 — Alabama Code / Title 1 / Chapter 18 / Section 22-18-20
Section 22-18-20 Commission Created
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 § 22-11D-10 — Alabama Code / Title 1 / Chapter 11D / Section 22-11D-10
Section 22-11D-10 Statewide Health System Fund
Status: in_force

(a) The Statewide Health System Fund is created. The department shall distribute funding allocated to the department for the purpose of creating, administering, maintaining, or enhancing the statewide health system. The department may apply for, receive, and accept gifts and other payments, including property and services, for the fund from any governmental or other public or private entity or person and may utilize the fund for activities related to the design, administration, operation, maintenance, or enhancement of the statewide health system.

(b) The methodology of distribution of funds and allocation of funds shall be established by the council and subsequently adopted by the board pursuant to the Administrative Procedure Act. Fund allocation to health care centers shall be based upon the designated level of health care and the number of qualified patients directed through the health care centers, as defined by the rules of the board.

(c) Nothing in this chapter shall limit a patient’s right to choose the physician, hospital, trauma center, health care center, facility, or other provider of health care services, subject to any limitations, requirements, or mechanisms prescribed in any federal law or law of the State of Alabama.

(d) Nothing in this chapter shall limit a hospital from being designated as a trauma center or other designated health care center.
Ala. Code § 22-14-33 — Alabama Code / Title 1 / Chapter 14 / Section 22-14-33
Section 22-14-33 Liability of Department
Status: in_force

The Alabama State Law Enforcement Agency or its employees shall not be liable for any action taken against any person by such employers as a result of receiving or using such criminal history records obtained from the department.
Ala. Code § 22-5B-2 — Alabama Code / Title 1 / Chapter 5B / Section 22-5B-2
Section 22-5B-2 Legislative Findings
Status: in_force

(a) The legislative findings, purpose, and intent of this chapter are to develop the infrastructure for a statewide network of lifespan respite programs in Alabama and for Alabama Respite to be the statewide entity to address issues relating to respite care in our state.

(b) The Alabama Legislature makes the following findings:

(1) Respite is short term temporary relief that can make a world of difference for family caregivers of both children and adults with disabilities and other health care needs.

(2) Respite is one of the home and community-based services most requested by family caregivers, yet remains in short supply.

(3) As of 2012, over 818,000 adults in Alabama are caregivers for a family member.

(4) Respite helps preserve families by reducing stress, supporting stability, preventing situations that can lead to abuse and neglect, and reducing the incidence of divorce and out-of-home placement.

(5) Respite is a simple, cost-effective solution for situations that can otherwise devastate families.

(6) A state lifespan respite program simplifies and accelerates the process for accessing respite services and is recognized by service providers, families, and policymakers, in Alabama as well as nationwide, as the best practice in the provision of respite care in the most cost-effective way.

(7) Federal legislation was passed in Congress that would provide a mechanism to fund states that have collaborative systems of lifespan respite provision in place.
Ala. Code § 11-2-7 — Alabama Code / Title 1 / Chapter 2 / Section 11-2-7
Section 11-2-7 Discharge of Sureties on Bonds
Status: in_force

Any person or corporation who is surety upon the official bond of any county official or county employee may discharge himself or itself of the suretyship upon making sworn application in writing addressed to the official, county commission, board, or commission required to approve the bonds, setting forth the reason for requesting discharge. Upon the filing of the application, the official, board, or commission to whom the application is addressed shall forthwith cause personal written notice to be served upon the county official or county employee as principal fixing a day not less than 15 nor more than 30 days after the date of the filing of the application requiring the county official or county employee to provide a new bond. Upon the failure of the county official or county employee to provide the bond within the time specified in the notice, he or she vacates his or her office or employment, and the official, county commission, board, or commission giving the notice shall at once certify the vacation to the appointing power required by law to fill the vacancy. If a new bond is filed, it shall be in the amount and filed and approved as provided in this chapter. On the execution, approval, and filing of the new bond, the original surety is discharged from all liability for any breach of the bond occurring thereafter, but the discharge shall not affect the liability of any of the obligors for any actions or inactions occurring prior to the execution, approval, and filing of the new bond. In case of the discharge of any one or more obligors under this section, the discharge shall operate as a discharge of all other obligors on the bond. When the sureties on either bond have made any payments thereon on account of the principal obligor therein, they are entitled to the same remedies and recoveries against the sureties in the remaining bonds as provided in Section 11-2-29. Every such new or additional bond approved and filed as provided in this section is binding upon the obligors from the time of its approval and subjects them to the same liabilities, proceedings, and remedy as are provided in relation to the first official bond of the county official or county employee.
Ala. Code § 22-25B-6 — Alabama Code / Title 1 / Chapter 25B / Section 22-25B-6
Section 22-25B-6 Psc Regulation of Wastewater Management Entities
Status: in_force

(a) The PSC shall promulgate and enforce such rules as are necessary to certify and monitor the economic viability of wastewater management entities. Such regulations may include, but may not be limited to, the following:

(1) Financial viability requirements necessary to insure the long-term operation and maintenance of wastewater systems.

(2) Conditions for the operation or permitting, or both, of cluster wastewater and community wastewater systems.

(3) A system of notice to report any violations of certifications, permits, law, regulations, directives, or orders, or any combination of these, of the PSC, ADEM, or ADPH.

(4) Enforcement mechanisms to insure compliance with law, regulations, certificates, and directives of the PSC.

(5) Standardized financial operations and management of cluster and community wastewater systems and wastewater management entities.

(b) The PSC may make the determination of economic viability utilizing its own resources or may consult with or contract with other agencies of government or appropriate consultants. In determining the grant or denial of the certificate of economic viability, the PSC shall consider the economic viability of an existing entity or the expectation of economic viability of a proposed entity based upon the following criteria or any combination thereof:

(1) Opinion by an independent certified public accountant.

(2) Previous economic history of the entity.

(3) Assets, income, and expenses as related to liabilities of the entity.

(4) Financial stability and previous financial history of the principal of the entity, and the business plan and rate plan of the entity.

(5) Insurability, bondability, and creditworthiness of the entity as determined by standard business methods.

(c) Before the PSC issues any certificate of economic viability, the PSC shall require the wastewater management entity to submit to the PSC evidence of financial assurances. Financial assurances shall include at least one of the following: A performance bond, letter of credit made payable to the commission, pledge of assets, or other similar instrument or mechanism in an amount sufficient to continue management of the system if the entity ceases to exist or fails to fulfill its obligations to the clients served by the entity.

(d) The bond, pledge, letter of credit, or other instrument may be declared forfeited when the operational permit is expired, unless renewal application is under review by the department, or revoked. The PSC may present the declaration of forfeiture to the obligor on the instrument for payment.

(e) Failure of the obligor to make full and timely payment on its financial obligations shall constitute a cause of action for recovery in a civil action at the instance of the PSC.

(f) A wastewater management entity shall not sell, assign, or divest in any way assets or responsibilities without the express written consent of the PSC.

(g) Rate charges to customers for wastewater system service by a certified wastewater management entity shall be approved by the PSC pursuant to the laws, rules, regulations, and procedures pertaining to utilities.

(h) The failure of any wastewater management entity to comply with any requirement, rule, or directive of the PSC or to maintain its operating or discharge permit or other permits in good standing, may result in the revocation by the PSC of the wastewater management entity’s certification or the assessment of a civil penalty, or both, in accordance with statutory procedures and regulations of the PSC. Upon the revocation of a certificate of economic viability, the commission shall promptly notify the department.
Ala. Code § 1-2B-30 — Alabama Code / Title 1 / Chapter 2B / Section 1-2B-30
Section 1-2B-30 Use of National Motto by Government Entities on Public Buildings and Vehicles
Status: in_force

The governing body of any political subdivision of the state or any state agency may display the national motto of “In God We Trust” in and on public buildings and public vehicles, including, but not limited to any of the following:

(1) School classrooms.

(2) Courthouses.

(3) Libraries.

(4) Office buildings.

(5) Law enforcement or service vehicles.
Ala. Code § 22-23A-7 — Alabama Code / Title 1 / Chapter 23A / Section 22-23A-7
Section 22-23A-7 Bonds - Authorization to Issue and Sell; Security for Payment
Status: in_force

For the purpose of providing funds for the authority to make loans to community water systems for a project or projects, or to refinance debt of community water systems or for the payment of obligations incurred or temporary loans made for any of said purposes, the authority is hereby authorized, from time to time, to issue and sell its bonds or other evidences of indebtedness. Such bonds may be issued in one or more series; shall be in such form and denominations and of such terms and maturities, not exceeding 35 years from the date of issue of each series; shall bear such rate or rates of interest, payable and evidenced in such manner; may contain such provisions for registration or for redemption prior to maturity; and may contain such other provisions not inconsistent herewith, all as may be provided by the authorizing resolution. As security for the payment of the principal of and interest on its bonds, the authority is authorized to pledge, transfer and assign any obligations of each community water system, payable to the authority and the security for such obligation.
Ala. Code § 11-22-4 — Alabama Code / Title 1 / Chapter 22 / Section 11-22-4
Section 11-22-4 Certificate of Incorporation - Contents; Execution
Status: in_force

(a) The certificate of incorporation of any corporation organized under this chapter shall set forth:

(1) The names of the applicants, together with a recital that each of them is an elector of and taxpayer in the county;

(2) The name of the corporation, which shall be “the public park and recreation board of _____ County” (the blank space to be filled in with the name of the county), if such name shall be available for use by the corporation and if not available, or if the incorporators desire some other name, then the incorporators shall designate some other similar name that is available;

(3) A recital that permission to organize the corporation has been granted by a resolution duly adopted by the governing body of the county and the date of the adoption of such resolution;

(4) The location of the principal office of the corporation (which shall be in the county);

(5) The purposes for which the corporation is proposed to be organized, which purposes shall be those set forth in the application for authority to incorporate;

(6) The number of directors of the corporation (which shall be not less than three);

(7) The period for the duration of the corporation (if the duration is perpetual, the fact should be stated); and

(8) Any other matter which the applicants may choose to insert therein which shall not be inconsistent with this chapter or with the laws of the State of Alabama.

(b) The certificate of incorporation shall be subscribed and acknowledged by each of the applicants before an officer authorized by the laws of Alabama to take acknowledgments to deeds.
Ala. Code § 22-39-2 — Alabama Code / Title 1 / Chapter 39 / Section 22-39-2
Section 22-39-2 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Asbestos Contractor Accreditation Act.”
Ala. Code § 22-14-10 — Alabama Code / Title 1 / Chapter 14 / Section 22-14-10
Section 22-14-10 Cooperative Agreements for Inspections, Etc.; Training Programs
Status: in_force

(a) The agency is authorized to enter into an agreement or agreements with the federal government, other states or interstate agencies whereby this state will perform, on a cooperative basis with the federal government, other states or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.

(b) The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make said personnel available for participation in any program or programs of the federal government, other states or interstate agencies in furtherance of the purposes of this article.
Ala. Code § 22-6-155 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-155
Section 22-6-155 Terms of Contracts; Cost Evaluations
Status: in_force

An initial contract between the Medicaid Agency and a regional care organization shall be for three years, with the option for the Medicaid Agency to renew the contract for not more than two additional one-year periods. The Medicaid Agency shall obtain provider input and an independent evaluation of the cost savings, patient outcomes, and quality of care provided by each regional care organization, and obtain the results of each regional care organization’s evaluation in time to use the findings to decide whether to enter into another multi-year contract with the regional care organization or change the Medicaid region’s care-delivery system.
Ala. Code § 11-22-6 — Alabama Code / Title 1 / Chapter 22 / Section 11-22-6
Section 11-22-6 Certificate of Incorporation - Amendments
Status: in_force

If any corporation formed under this chapter has accidentally or inadvertently failed to comply with the requirements hereof in its organization, such omission or defect may be corrected by filing an amendment as provided in this section. The certificate of incorporation of any corporation formed under this chapter may also at any time and from time to time be amended so as to make any changes therein and add any provisions thereto which might have been included in the certificate of incorporation in the first instance. Any amendment shall be effected in the following manner: The members of the board of directors of the corporation shall file with the governing body of the county an application in writing seeking permission to amend the certificate of incorporation, specifying in such application the amendment proposed to be made. Such governing body shall consider such application and, if it shall by appropriate resolution duly find and determine that it is wise, expedient, necessary, and advisable that the proposed amendment be made, and if an additional project or projects are proposed, that there is a public need therefor, and shall approve the form of the proposed amendment and shall authorize the amendment to be made, then the persons making such application shall execute an instrument embodying the amendment specified in such application and shall file the same with the judge of probate of the county. The proposed amendment shall be subscribed and acknowledged by each member of the board of directors before an officer authorized by the laws of Alabama to take acknowledgments to deeds. Such judge of probate shall thereupon examine the proposed amendment and, if he finds that the requirements of this section have been complied with and the proposed amendment is within the scope of what might be included in an original certificate of incorporation, he shall approve the amendment and record it in an appropriate book in his office. When such amendment has been so made, filed and approved, it shall thereupon become effective, and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation shall be amended except in the manner provided in this section.
Ala. Code § 11-9-27 — Alabama Code / Title 1 / Chapter 9 / Section 11-9-27
Section 11-9-27 Exemptions from Usury or Interest Rate Statutes
Status: in_force

Any warrants issued by a county under the provisions of this article for the purpose of paying costs of acquiring and providing waterworks systems are hereby exempted from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of chapter 8 of Title 8 of this Code.
Ala. Code § 11-20-76 — Alabama Code / Title 1 / Chapter 20 / Section 11-20-76
Section 11-20-76 Lease, Sale, Conveyance, Etc., of Property
Status: in_force

The county of incorporation and each municipality in the county may lease, sell, donate, or otherwise convey to an agriculture authority real or personal property, including park properties, without authorization by election of the qualified voters of the county or of the municipality; and the county and each municipality thereof are authorized, but not required, to appropriate public funds of the county or of the municipality, as the case may be, to the authority to be used by the authority for purposes enumerated in this article. The county shall not lease, sell, donate, or convey any property to the authority, or appropriate any money to the authority, unless the county commission has determined that the lease, sale, donation, conveyance, or appropriation will benefit the people of the county or municipality to such an extent as to fully warrant and justify the lease, sale, donation, conveyance, or appropriation.
Ala. Code § 11-11B-7 — Alabama Code / Title 1 / Chapter 11B / Section 11-11B-7
Section 11-11B-7 Issuance of Securities Exempt from Supervision and Control
Status: in_force

No proceeding, notice or approval shall be required for the issuance of any securities under this chapter. Neither a public hearing nor the consent of the state department of finance shall be a prerequisite to the issuance of any securities under this chapter.

The provisions of Chapter 8, Title 11 shall not apply to any securities issued under authority of this chapter or to any county or public corporation issuing such securities.
Ala. Code § 22-27-5 — Alabama Code / Title 1 / Chapter 27 / Section 22-27-5
Section 22-27-5 Establishment of Charges, Fees, Etc., Mutual Agreements or Contracts; Licensing of Private or Corporate Agencies; Permits and Bonds; Nonpayment; Expense of Certain Excess Amounts
Status: in_force

(a) Fees, etc.; mutual agreements or contracts. The county commission or municipality undertaking the responsibility for providing services to the public under this article may establish fees, charges, and rates and may collect and disburse funds within cooperating areas or districts, inside or outside the corporate limits of municipalities or inside or outside of county boundaries, for the specific purpose of administering this article and providing and operating a solid waste program. Also, the county commission or public authority may enter into mutual agreements or contracts with the government bodies of other counties, municipalities, corporations, or individuals, where deemed to be mutually economical and feasible, to jointly or individually collect, haul, and/or dispose of solid wastes generated within the cooperating area. All contracts or mutual agreements under this article shall be subject to review by the health officer, and all such contracts and agreements shall be subject to cancellation upon 30 days’ notice from the health officer with the concurrence of the department, any time the contracts or agreements fail to be in the best interest of the health, safety, and welfare of the citizens residing in the affected area.

(b) Private or corporate agencies. Individuals, corporations, partnerships, or other agencies engaging in the collection and disposal of solid wastes are subject to this article. Governing bodies may assign territories or approve or disapprove disposal sites, with the concurrence of the health department, and shall establish and collect annual license fees from such firms and set rate schedules if a service fee is charged. In addition to any other approvals which are necessary for any contract between private or corporate agencies and governmental entities for the disposal of solid wastes, approval of the department shall be obtained.

(c) Permits and bonds. Under subsection (b), no license shall be granted or fee collected without a permit issued by the state or county health department, renewable annually at the time licenses are due. A permit shall be based upon performance and may be revoked for cause, including failure to perform under the provisions of this article and regulations adopted under authority of this article. No license shall be granted without the posting of a performance bond satisfactory to the governing body. All solid waste disposal sites except those which have certificates of exception shall have a permit from the department.

(d) Financial assurance. No permit for transportation of garbage by out-of-state transporters, for disposal of such garbage in a sanitary landfill in this state, shall be issued unless financial assurance is posted by the transporter with the health department.

The financial assurance shall be in an amount not less than two hundred fifty thousand dollars ($250,000) and must guarantee that the garbage does not contain any regulated hazardous waste, infectious waste, or explosive materials or debris. The financial assurance shall be provided in accordance with acceptable financial assurance instruments which include, but are not limited to, an escrow account, performance bond, or letter of credit. The health department shall adopt rules specifying the terms and conditions of financial assurance instruments, as appropriate.

(e) Nonpayment of fees, etc. Any county commission or municipality establishing fees, charges, and rates pursuant to subsection (a) may adopt resolutions or ordinances providing that if the fees, charges, or rates for the services furnished by the county commission or municipality, or licensee of either, under this chapter, shall not be paid within 30 days after the same shall become due and payable, the county commission or municipality may, at the expiration of the 30-day period, suspend the services or may proceed to recover the amount of any delinquency with interest in a civil action, or both.

(f) Notwithstanding subsection (a), any county or municipality that is providing solid waste services under this article that has a solid waste reserve account in excess of one million dollars ($1,000,000) may expend excess amounts over one million dollars ($1,000,000) in the solid waste reserve account for any lawful purposes in the best interest of the county or municipality.
Ala. Code § 11-5-4 — Alabama Code / Title 1 / Chapter 5 / Section 11-5-4
Section 11-5-4 Duty to Hold Inquests, Etc
Status: in_force

It is the general duty of the coroner to hold inquests and perform other duties as required by law.
Ala. Code § 22-6-235 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-235
Section 22-6-235 Rulemaking Authority
Status: in_force

The Medicaid Agency shall adopt rules necessary to implement this article and to administer the Medicaid Program as provided in this article in a manner consistent with state and federal law, as well as any State Plan or State Plan Waiver approved by the Centers for Medicare and Medicaid Services.
Ala. Code § 22-27-27 — Alabama Code / Title 1 / Chapter 27 / Section 22-27-27
Section 22-27-27 Conflicts with Other Laws; Section 11-8-10 Not Applicable to Warrants Issued Under This Article
Status: in_force

Insofar as the provisions of this article may be inconsistent with the provisions of any other law, the provisions of this article shall control. It is specifically declared that the provisions of Section 11-8-10 shall not be applicable to the warrants issued under the provisions of this article.
Ala. Code § 22-22-14 — Alabama Code / Title 1 / Chapter 22 / Section 22-22-14
Section 22-22-14 Criminal Penalty for Violation of Chapter, Etc
Status: in_force

(a) Any person who willfully or with gross negligence violates any provision of the chapter, or rule, regulation or standard adopted under this chapter, or any condition or limitation in a permit issued under this chapter shall be punished by a fine of not less than $2,500.00 nor more than $25,000.00 per day of violation or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not less than $5,000.00 nor more than $50,000.00 per day of violation or by imprisonment for not less than one year and one day nor more than two years, or by both.

(b) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed, or required to be maintained, under this chapter or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall, upon conviction, be punished by a fine of not more than $10,000.00 or by imprisonment for not more than six months, or by both.
Ala. Code § 22-23B-3 — Alabama Code / Title 1 / Chapter 23B / Section 22-23B-3
Section 22-23B-3 Revolving Loan Fund Established; Maintenance; Administration
Status: in_force

There is hereby established the State of Alabama Drinking Water Revolving Loan Fund, which shall be maintained in perpetuity and operated by the department as agent for the authority for the purposes stated herein. Grants from the federal government or its agencies allocated, allotted or paid to the state for capitalization of the revolving loan fund, state matching funds where required, and loan principal, interest, and penalties and interest income and all other amounts at anytime required or permitted to be paid into the revolving loan fund shall be deposited therein. Proceeds of bonds issued by the authority, proceeds of capitalization grants, funds appropriated by the state, loan principal and interest payments, interest income and all other funds of the authority shall be deposited with one or more banks designated by the authority to act as depository or trustee with respect to such funds. The authority may establish one or more accounts or sub-accounts in the revolving loan fund in connection with the issuance of bonds, the receipt of capitalization grants or any other funds. Amounts in the revolving loan fund shall be expended in a manner consistent with terms and conditions of the federal capitalization grants and may be used to provide loans to public bodies to pay costs of projects; to secure principal and interest on bonds issued by the authority; to purchase debt incurred by public bodies for projects; to fund other programs which the federal government may allow in the future through its grants; to fund the administrative expenses of the department relating to the responsibilities and requirements of this chapter; and to provide for any other expenditure consistent with the federal grant program and state law. Amounts on deposit in the revolving loan fund may be invested in permitted investments and all interest earned on such investments shall be credited to the revolving loan fund and to one or more accounts or sub-accounts therein established by the authority.

The revolving loan fund shall be administered by the department, as agent for the authority, and the department is authorized to establish procedures and adopt such regulations as may be required to administer the revolving loan fund program in accordance with applicable law and to enter into contracts and other agreements in connection with the operation of the revolving loan fund, including but not limited to, contracts and agreements with federal agencies, public bodies, the authority, and other parties to the extent necessary or convenient for the implementation of the revolving loan fund program. Acting as agent for the authority, the department shall maintain full authority for the operation of the revolving loan fund in accordance with applicable federal and state law. The department shall provide an annual report on the revolving loan fund program to the United States Environmental Protection Agency as required by the federal act and to the Governor.
Ala. Code § 1-2-18 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-18
Section 1-2-18 State Dance
Status: in_force

The dance known as the square dance is designated the American folk dance of the State of Alabama.
Ala. Code § 22-30A-2 — Alabama Code / Title 1 / Chapter 30A / Section 22-30A-2
Section 22-30A-2 Definitions
Status: in_force

When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings:

(1) CLEANUP. All activities including administrative activities related to the identification, investigation and evaluation of hazardous substance sites and the removal of hazardous substances or other closure or containment of hazardous substances and any subsequent monitoring of such sites.

(2) COMMISSION. The Alabama Environmental Management Commission as created by Section 22-22A-6.

(3) DEPARTMENT. The Alabama Department of Environmental Management as created by Section 22-22A-4.

(4) DIRECTOR. The Director of the Alabama Department of Environmental Management.

(5) FUND. The Alabama Hazardous Substance Cleanup Fund.

(6) HAZARDOUS SUBSTANCE. Any substance defined as a hazardous substance pursuant to 42 U.S.C. § 9601(14) or listed as a hazardous waste pursuant to the Hazardous Wastes Management Act, Section 22-30-1 et seq. and the regulations promulgated thereunder.

(7) HAZARDOUS SUBSTANCE SITE. Any unpermitted site or location where a hazardous substance has been released or where there is the potential for a release due to the treatment, storage or disposal of a hazardous substance.

(8) INACTIVE OR ABANDONED HAZARDOUS SUBSTANCE SITE. Any hazardous substance site, except one which has been permitted by the Department of the Environmental Protection Agency as a commercial hazardous waste or substance disposal facility and closed through appropriate closure procedures, which does not receive any hazardous substance for treatment, storage or disposal after September 27, 1988, or which ceases receiving any hazardous substance for treatment, storage or disposal after September 27, 1988.

(9) LIABLE PARTY. Any person who:

a. Is an operator or former operator of an inactive or abandoned hazardous substance site;

b. Generated a waste treated, stored or disposed of at a hazardous substance site which has become inactive or abandoned;

c. Transported waste for treatment, storage or disposal to a hazardous substance site which has become inactive or abandoned, but only if the site was selected by the transporter; or

d. Directed the hazardous substance for treatment, storage or disposal to the inactive or abandoned hazardous substance site.

(10) OPERATOR. A person who has treated, stored or disposed of or permitted a third person to treat, store or dispose of a hazardous substance at a site which has become an inactive or abandoned hazardous substance site, or a person who obtained ownership of a site either knowing or with reason to know it was an abandoned or inactive hazardous substance site. Such term does not include a person, who, without participating in the management of a site which has become an inactive or abandoned hazardous substance site, holds indicia of ownership primarily to protect a security interest in the site.

(11) RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of a hazardous substance.

(12) All other terms used in this chapter shall be defined as such terms are defined in the Hazardous Wastes Management Act, Section 22-30-1 et seq. as amended, and the regulations promulgated thereunder.
Ala. Code § 22-21-149 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-149
Section 22-21-149 Bonds - Use of Proceeds
Status: in_force

(a) The proceeds derived from the sale of any bonds sold by the authority, other than refunding bonds, shall be used only to pay the cost of acquiring, constructing, improving, enlarging and equipping one or more projects, as may be provided in the proceedings in which the bonds are authorized to be issued. Such cost shall be deemed to include the following:

(1) The cost of any land forming a part of such project or projects;

(2) The cost of the labor, materials and supplies used in any such construction, improvement or enlargement, including architect’s and engineer’s fees and the cost of preparing contract documents and advertising for bids;

(3) The purchase price of, and the cost of, installing equipment for such project or projects;

(4) The cost of landscaping the lands forming a part of such project or projects and of constructing and installing roads, sidewalks, curbs, gutters, utilities and parking places in connection therewith;

(5) Legal, fiscal and recording fees and expenses incurred in connection with the authorization, sale and issuance of the bonds issued in connection with such project or projects; the cost of any feasibility studies deemed necessary or advisable in connection with the issuance and sale of such bonds; the amount of any debt service reserve that the board deems necessary or advisable to be funded out of the proceeds from the sale of such bonds; and

(6) Interest on the bonds for a reasonable period prior to the commencement of the construction and equipment of such project or projects, or of any improvements or additions being financed (in whole or in part) out of the proceeds from the sale of such bonds, and during the period that is estimated will be required for such construction and equipment and for a period of not more than two years after the completion of such construction and equipment.

(b) If any proceeds derived from the sale of the bonds remain undisbursed after completion of the work and payment of all costs and expenses in connection with the project or projects with respect to which the bonds are issued, such balance shall be applied toward the retirement of the bonds. The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued.
Ala. Code § 22-20A-50 — Alabama Code / Title 1 / Chapter 20A / Section 22-20A-50
Section 22-20A-50 Processing at Harvesting Site
Status: in_force

Any shrimp harvested from inland ponds or farms may be processed at the site where the harvesting occurs pursuant to rules adopted by the Alabama Department of Public Health.
Ala. Code § 11-16-23 — Alabama Code / Title 1 / Chapter 16 / Section 11-16-23
Section 11-16-23 Receipt of Returns, Counting of Votes, and Declaration of Election Result
Status: in_force

The board of commissioners shall meet at the courthouse of the county on the next day after the day on which such election is held and there remain and receive the returns from the several returning officers, and on the second day after the day on which such election is held, the commissioners shall meet at the courthouse at 12:00 noon, and, in the presence of such persons as may choose to attend, the said board shall make a correct statement from the returns of the several precincts and wards of the county of the whole number of votes cast “For removal to _____” and the whole number of votes cast “Against removal” and shall then and there make in writing a public declaration of the result of said election.
Ala. Code § 11-3-27 — Alabama Code / Title 1 / Chapter 3 / Section 11-3-27
Section 11-3-27 Certain County Commissions Authorized to Prohibit Topless, Bottomless, or Nude Dancing
Status: in_force

(a) The county commission of any county in which a Class III municipality is located may pass an ordinance prohibiting topless, bottomless, or nude dancing for monetary consideration within the boundaries of the county. The ordinance shall be enforced by the sheriff of the county.

(b) A conviction for a violation of an ordinance passed pursuant to subsection (a) shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) and imprisonment in the county jail for not more than six months.
Ala. Code § 11-19-8 — Alabama Code / Title 1 / Chapter 19 / Section 11-19-8
Section 11-19-8 County Planning Commission - Creation; Composition; Qualifications, Appointment, Terms of Office, Removal and Compensation of Members; Vacancies
Status: in_force

The county commission may, by resolution or ordinance, create a county planning commission for the purpose of enforcing this chapter. The county commission shall appoint not less than five nor more than 11 members to the commission. The probate judge, chairman, or similar presiding officer of the county governing body shall be an ex officio member of said commission and shall vote only in case of a tie vote at a meeting wherein the entire membership is present and has voted. Members of the county commission may serve as members of the planning commission notwithstanding the provisions of Section 11-3-2, or any other provisions limiting the offices such governing officials may hold. The term of the ex officio member shall correspond to his official tenure. The terms of each appointive member shall be four years; provided, that, in the initial appointments to the commission, a majority, but not exceeding three fifths of the total membership of the commission, shall be appointed for two years and the remaining members for four years; and provided further, that any members of the county commission appointed to the planning commission for a term exceeding their official tenure as a member of the county commission shall, notwithstanding, continue to be a member of the said commission until the expiration of their appointment as such unless otherwise removed as subsequently provided in this section. Any vacancy in the membership of the planning commission shall be filled for the unexpired term in the same manner as the original appointment. Any appointed member of the commission shall be subject to removal by the county commission for cause after written notice. All members of the county planning commission shall serve as such without compensation.
Ala. Code § 22-11F-4 — Alabama Code / Title 1 / Chapter 11F / Section 22-11F-4
Section 22-11F-4 Procedures Upon Determination of Noncompliance; Notice; Penalties
Status: in_force

(a) If the department determines that an association is not in compliance with Section 22-11F-3, the following procedures apply, subject to the availability of funding and staffing: (1) After the first year of noncompliance, the department shall privately notify the executive head of the association in writing of the association’s failure to comply. (2) After a second consecutive year of noncompliance, the department shall notify the executive head of the association in writing of the association’s continued failure to comply and post a copy of the notice on the department’s public website. (3) After a third consecutive year of noncompliance, the department shall levy a fine against the association. The fine shall be as follows: a. For a youth athletic association with less than 100 coaches, two hundred dollars ($200). b. For a youth athletic association with 100 or more coaches, ten dollars ($10) per coach. (4) After a fourth consecutive year of noncompliance, the youth athletic association may not administer or conduct any youth athletic activities on property owned, leased, managed, or maintained by the state, an agent of the state, or a political subdivision of the state for a period of one year. (b) A notice provided under subsection (a) shall include: (1) Instructions on how to comply with Section 22-11F-3; and (2) An explanation of the consequences of continued noncompliance. (c) The department shall adopt rules to implement and administer this section. (d) The procedure provided in subsection (a) shall not apply to any county or municipality or any board, agency, department, corporation, authority, or instrumentality of a county or municipality.

(1) After the first year of noncompliance, the department shall privately notify the executive head of the association in writing of the association’s failure to comply.

(2) After a second consecutive year of noncompliance, the department shall notify the executive head of the association in writing of the association’s continued failure to comply and post a copy of the notice on the department’s public website.

(3) After a third consecutive year of noncompliance, the department shall levy a fine against the association. The fine shall be as follows:

a. For a youth athletic association with less than 100 coaches, two hundred dollars ($200).

b. For a youth athletic association with 100 or more coaches, ten dollars ($10) per coach.

(4) After a fourth consecutive year of noncompliance, the youth athletic association may not administer or conduct any youth athletic activities on property owned, leased, managed, or maintained by the state, an agent of the state, or a political subdivision of the state for a period of one year.

(b) A notice provided under subsection (a) shall include:

(1) Instructions on how to comply with Section 22-11F-3; and

(2) An explanation of the consequences of continued noncompliance.

(c) The department shall adopt rules to implement and administer this section.

(d) The procedure provided in subsection (a) shall not apply to any county or municipality or any board, agency, department, corporation, authority, or instrumentality of a county or municipality.
Ala. Code § 22-28-20 — Alabama Code / Title 1 / Chapter 28 / Section 22-28-20
Section 22-28-20 Availability of Records, Reports or Information
Status: in_force

(a) Any records, reports or information obtained under this chapter shall be available to the public; except, that upon a showing satisfactory to the commission by any person that records, reports or information, or particular part thereof, other than emission data, to which the commission has access if made public would divulge production or sales figures or methods, processes or production unique to such person or would otherwise tend to affect adversely the competitive position of such person by revealing trade secrets, the commission shall consider such record, report or information, or particular portion thereof, confidential in the administration of this chapter.

(b) Nothing in this section shall be construed to prevent disclosure of such report, record or information to federal, state or local representatives as necessary for purposes of administration of any federal, state or local air pollution control laws or when relevant in any proceeding under this chapter.
Ala. Code § 11-20-6 — Alabama Code / Title 1 / Chapter 20 / Section 11-20-6
Section 11-20-6 Bonds - Security for Payment of Principal and Interest; Remedies Upon Default
Status: in_force

The principal of and interest on any bonds issued under the authority of this article shall be secured by a pledge of the revenues out of which such bonds shall be made payable, may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived and may be secured by a pledge of the lease of such project.

The proceedings under which such bonds are authorized to be issued or any such mortgage may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of rents for any project covered by such proceedings or mortgage, the terms to be incorporated in the lease of such project, the maintenance and insurance of such project, the creation and maintenance of special funds from the revenues from such project and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage, all as the county commission shall deem advisable and as shall not be in conflict with the provisions of this article; provided, however, that in making any such agreements or provisions a county shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers.

The proceedings authorizing any bonds hereunder and any mortgage securing such bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or mortgage, such payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge and collect rents and to apply the revenues from the project in accordance with such proceedings or the provisions of such mortgage. Any such mortgage may provide also that, in the event of default in such payment or the violation of any agreement contained in the mortgage, the mortgage may be foreclosed either by sale at public outcry or by legal proceedings, and may provide that any trustee under such mortgage or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale if the highest bidder therefor. No breach of any such agreement shall impose any pecuniary liability upon a county or any charge upon its general credit or against its taxing powers.
Ala. Code § 11-16-15 — Alabama Code / Title 1 / Chapter 16 / Section 11-16-15
Section 11-16-15 Compensation of Returning Officers, Inspectors, Etc
Status: in_force

Each returning officer, manager, or inspector shall receive as compensation for his services the same pay as is paid like officers of general elections, which shall be paid by the county treasurer upon the order of said board of commissioners.
Ala. Code § 22-21-376 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-376
Section 22-21-376 Relation to Certain Insurance Provisions
Status: in_force

Persons representing or aiding a dental services corporation in the solicitation of dental service contracts in this state and the dental services corporation with respect thereto shall be subject to Chapters 7 and 8A of Title 27, except that dental services corporation producers shall be exempt from the 40-hour prelicensing course and written examination requirements of Chapter 7 and the continuing education requirements of Chapter 8A of Title 27.
Ala. Code § 11-13-1 — Alabama Code / Title 1 / Chapter 13 / Section 11-13-1
Section 11-13-1 Codification of County Laws; Furnishing of Copies to County Officials
Status: in_force

The county commission may, in its discretion, once in every 10 years cause the laws of the county to be codified, with supplements thereto once in every four years, such codification not to embrace any statute embodied in the Code of Alabama, nor any private act relating to persons or corporations, except town corporations and school districts. Every county officer shall, on his application, be furnished with a copy of such code, the same to be delivered to his successor in office.
Ala. Code § 22-30B-4 — Alabama Code / Title 1 / Chapter 30B / Section 22-30B-4
Section 22-30B-4 Appropriation and Use of Funds
Status: in_force

Funds guaranteed to any county as set forth in Section 22-30B-2.1 shall be appropriated and expended for such purposes as provided by local act.
Ala. Code § 11-5-5 — Alabama Code / Title 1 / Chapter 5 / Section 11-5-5
Section 11-5-5 When to Discharge Duties of Sheriff Generally
Status: reserved

REPEALED BY ACT 2023-164, EFFECTIVE AUGUST 1, 2023.

The coroner must discharge the duties of the sheriff:

(1) When the office of sheriff is vacant and until his successor is qualified;

(2) When the sheriff is incompetent to act;

(3) When the sheriff is imprisoned;

(4) In cases to which the sheriff is a party; and

(5) In such cases as he is directed by the judge of probate.
Ala. Code § 11-2-22 — Alabama Code / Title 1 / Chapter 2 / Section 11-2-22
Section 11-2-22 Requirement of Additional Bonds for County Officers Whose Terms Extended - Authority; Amount, Conditions, Effect, Etc., of Bonds Generally
Status: reserved

Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
Ala. Code § 22-29-21 — Alabama Code / Title 1 / Chapter 29 / Section 22-29-21
Section 22-29-21 Grants to Local Public Bodies - Powers of Local Public Bodies
Status: in_force

In order to provide for the funding of the grant by the authority for a project to the local public body, such local public body is hereby authorized and empowered, any existing statute to the contrary notwithstanding, to do and perform any one or more of the following:

(1) To obligate itself to pay to the authority at periodic intervals a sum sufficient to provide bond service charges with respect to the bonds of the authority issued to fund the grant for such project.

(2) To levy, collect and pay over to the authority and to obligate itself to continue to levy, collect and pay over to the authority the proceeds of any one or more of the following:

a. Any sewer or waste disposal service fee or charge;

b. Any privilege or license tax; or

c. Any special assessment on the property drained, served or benefited by the project.

(3) To undertake and obligate itself to pay its contractual obligation to the authority solely from the proceeds from any one or more of the sources specified in paragraphs a, b or c of subdivision (2) of this section or to impose upon itself a general obligation indebtedness to the authority additionally secured by a pledge of any one or more of such sources.

(4) To levy and collect and to obligate itself to continue to levy and collect for the use of the sewer system or disposal facilities or the project such fees and charges in addition to all other fees and charges as shall equal 125 percent of the maximum principal and interest maturing and coming due in any one year on the bonds issued by the authority to fund a grant for the project and to pay over such fees and charges to the State Treasurer for the account of such bonds.

(5) To retain as its expenses for collecting such fees and charges from the users of such system or disposal facilities or project a charge not exceeding five percent of the total collected therefrom; to delegate the collection of such fees and charges to any agency which collects sewer or water service charges in the local public body and to pay as compensation for the services to such agency all or any part of such five percent.

(6) To enter into such agreements, to perform such acts and to delegate such functions and duties as its governing body shall determine to be necessary or desirable to enable the authority to fund a grant to the local public body to aid it in the construction or acquisition of a project.
Ala. Code § 22-30B-16 — Alabama Code / Title 1 / Chapter 30B / Section 22-30B-16
Section 22-30B-16 Location of Reports and Records
Status: in_force

The reports and records shall remain in the office of the Department of Revenue and shall not be open to public inspection.
Ala. Code § 22-34-4 — Alabama Code / Title 1 / Chapter 34 / Section 22-34-4
Section 22-34-4 Water Pollution Control Authority Established; Membership
Status: in_force

The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Director of the Department of Environmental Management, and the Director of Finance may become a public corporation to be known as the Alabama Water Pollution Control Authority with the power and authority hereinafter provided, by proceeding according to the provisions of this chapter.
Ala. Code § 22-13-4 — Alabama Code / Title 1 / Chapter 13 / Section 22-13-4
Section 22-13-4 Educational Campaign
Status: in_force

The board shall conduct an educational campaign relative to the importance of the early diagnosis of cancer. The State Health Officer shall publish an annual statistical report reviewing accomplishments under this article. The campaign shall be conducted through the churches, the schools, and civic organizations, the print and electronic media, platform speaking, and any other available means of publicity.
Ala. Code § 11-1-9 — Alabama Code / Title 1 / Chapter 1 / Section 11-1-9
Section 11-1-9 Payment of Costs of Defense of Lawsuits Against County Officials; Validation of Prior Payments
Status: in_force

(a) Any law to the contrary notwithstanding, the county commission of any county of the state of Alabama may, in its discretion, defray the costs of defending any lawsuit brought against any county official when such lawsuit is based upon and grows out of the performance by said official of any duty in connection with his office and does not involve a willful or wanton personal tort or a criminal offense committed by the official. The expenses of defending such litigation may include witness fees, transportation, toll and ferry expenses of witnesses, attorney’s fees, court costs, and any other cost in connection with the defense of said litigation.

(b) If any county has expended money for the purposes set out in subsection (a) of this section, such expenditure is hereby validated and shall not be charged back to the official making such payment nor shall the person who received such payment be liable for any reimbursement of same.
Ala. Code § 22-6-193 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-193
Section 22-6-193 Licensing Requirements; Promulgation of Rules
Status: in_force

Each PACE provider providing services in a Class 2 municipality shall be licensed by the Department of Public Health which shall, from time to time, as it deems desirable, promulgate such reasonable rules as necessary to provide for the delivery of health care by the PACE provider in this state.
Ala. Code § 11-5-12 — Alabama Code / Title 1 / Chapter 5 / Section 11-5-12
Section 11-5-12 Liability of Coroner or Special Coroner for Wrongful Acts, Etc., While Discharging Duties of Sheriff
Status: in_force

For the failure to perform any duty or the improper or neglectful performance of such duty or for any wrongful act committed under color of office by the coroner or the special coroner while discharging the duties of sheriff, such coroner and his sureties and such special coroner are liable to the same penalties, forfeitures, and judgments given by law against sheriffs in like cases to and upon the same proceedings and remedies as are given by law against sheriffs and their sureties.
Ala. Code § 22-21-377 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-377
Section 22-21-377 Contracting Sales Representatives - Registration with Commissioner; Notification of Termination; Filing Fee; Regulations and Controls
Status: reserved

Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
Ala. Code § 22-39-3 — Alabama Code / Title 1 / Chapter 39 / Section 22-39-3
Section 22-39-3 Services Requiring Accreditation by the State
Status: in_force

Any person, firm, or corporation, before engaging in the business of any of the following services, must be accredited by this state as specified in this chapter to do any of the following:

(1) Inspect for asbestos-containing material in a school building under the authority of a local educational agency, as defined in 15 U.S.C.A. §2642(7).

(2) Prepare a management plan for such a school.

(3) Design or conduct response actions, with respect to friable asbestos-containing material in such a school, as such material is defined in 15 U.S.C.A. §2642(6).

(4) Inspect for asbestos-containing material, or design or conduct response actions in buildings as defined in 15 U.S.C.A. §2642(10).
Ala. Code § 11-16-34 — Alabama Code / Title 1 / Chapter 16 / Section 11-16-34
Section 11-16-34 Ordering of Election for Determination as to Erection of Courthouse on New Site
Status: in_force

The county commission, after the passage of such resolution, shall order an election to be held in said county to determine whether or not the courthouse shall be erected on such new site.
Ala. Code § 22-6-197 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-197
Section 22-6-197 Privilege Assessment - Recordkeeping; Promulgation of Rules
Status: in_force

(a) It shall be the duty of each PACE provider subject to this article to keep and preserve suitable books and records as may be necessary to determine the amount of assessment for which it is liable under this article. The books and records shall be kept and preserved for a period of not less than three years, and all books and records shall be open for examination during business hours by the department or its duly authorized agents.

(b) All information secured pursuant to this article by the department shall be confidential, except that the department may provide such information to the Medicaid Agency as necessary for the proper administration of the Medicaid program, or for the department’s proper administration of the assessment levied by this article.

(c) The department, from time to time, as it deems desirable, shall promulgate reasonable rules as necessary to provide for the orderly and efficient administration of the assessment levied by this article.
Ala. Code § 22-30E-8 — Alabama Code / Title 1 / Chapter 30E / Section 22-30E-8
Section 22-30E-8 Criteria for Qualification for Limitation of Liability
Status: in_force

(a) To qualify for a limitation of liability as provided in subsection (a) of Section 22-30E-9, an applicant shall meet all the following criteria:

(1) The applicant shall not be a responsible person, as defined in Section 22-30E-3, at the qualifying property.

(2) Where the applicant is an individual, the individual shall not: Be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with a current owner of the subject property or any responsible person on the subject property.

(3) Where the applicant is a corporation or other legal entity, the corporation must not: Be a current or former subsidiary, division, parent company, or partner; or be the employer or former employer of the current owner; or be any responsible person on the subject property.

(4) The applicant shall be in good standing with respect to any order, judgment, statute, rule, or regulation subject to the enforcement authority of the department.

(b) Applicants which do not meet the criteria in subsection (a), shall qualify only for a limitation of liability as provided in subsection (f) of Section 22-30E-9.

(c) The department may promulgate rules and regulations to implement this section.
Ala. Code § 11-20-3 — Alabama Code / Title 1 / Chapter 20 / Section 11-20-3
Section 11-20-3 Powers of Counties as to Acquisition, Leasing, Etc., of Projects Generally
Status: in_force

(a) In addition to any other powers which it may now have, each county shall have the following powers:

(1) To acquire, whether by construction, purchase, gift or lease, one or more projects which shall be located within this state;

(2) To lease to others (in the case of counties having populations according to the most recent federal decennial census of not less than 54,500 nor more than 56,000, the word others shall include the federal government, any of its departments and agencies) any or all of its projects for such rentals and upon such terms and conditions as the governing body may deem advisable and as shall not conflict with the provisions of this article; and

(3) To issue revenue bonds for the purpose of defraying the cost of acquiring, by construction and purchase, or either, any project and to secure the payment of such bonds, all as provided in this article.

(b) No county shall have the power to operate any project as a business or in any manner except as lessor thereof.
Ala. Code § 22-11E-1 — Alabama Code / Title 1 / Chapter 11E / Section 22-11E-1
Section 22-11E-1 Legislative Findings
Status: in_force

(a) The Legislature finds the following:

(1) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3,900,000 sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.

(2) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from participants colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority occurs without loss of consciousness.

(3) Continuing to play with a concussion or symptoms of head injury leaves the young athlete especially vulnerable to greater injury and even death.

(b) The Legislature recognizes that there exists within the State of Alabama the need for guidelines and other pertinent information to inform and educate health care providers, school systems, coaches, youth athletes, and their parents or guardians of the nature and risk of concussion and brain injury, including continuing to play after a suspected concussion or brain injury.