Ala. Code § 41-16A-5 — Alabama Code / Title 41 / Chapter 16A / Section 41-16A-5
Section 41-16A-5 Permissible Contract Provisions; General and Limited Obligation Distinction May Be Made; Allowable Pledge Payment Sources; Classification of Entity’s Contracting and Contracts
Status: in_force

(a) Alternative financing contracts may be for such term, provide for such renewal or extension options, provide for such terminating events, provide for the payment of such rentals, purchase installments, purchase price, and other amounts, and contain such other terms, provisions, and conditions as the governmental entity shall deem appropriate, and without limitation to the generality of the foregoing, may contain terms and conditions substantially similar to any one or more of the following:

(1) Provisions for the automatic renewal of the alternative financing contract for one or more successive periods unless affirmative action is taken by the governmental entity to terminate such alternative financing contract, and, if desired, specifying the nature of such affirmative action sufficient to terminate such alternative financing contract;

(2) Provisions for the payment by the governmental entity of interest at such fixed or variable rates of interest as such governmental entity shall deem appropriate or for the allocation of a portion of specified rentals or other payments to interest (which such allocation shall be deemed conclusively correct in the absence of bad faith);

(3) Provisions specifying the rights, remedies, obligations, and other liabilities of the parties in the event of a default or other failure to comply with the provisions of the alternative financing contract;

(4) Provisions designating whether the rights and/or obligations of the respective parties under the alternative financing contract shall be subject to assignment and/or delegation or specifying the terms and conditions under which such assignment and/or delegation shall be permitted; provided that, notwithstanding any other statute or law of the state to the contrary, in the absence of an express provision of an alternative financing contract prohibiting the assignment and/or delegation by the grantor party, such grantor party shall be permitted to assign its rights and/or delegate its obligations under such alternative financing contract without the consent or approval of the governmental entity;

(5) Provisions establishing which party to the alternative financing contract will retain title to the subject property and which party to the alternative financing contract will bear the risk of loss with respect to the subject property and provisions establishing the circumstances in which title to and/or risk of loss with respect to the subject property shall be transferred (including, without limitation, provisions establishing any applicable purchase price or formula for computing such purchase price);

(6) Provisions specifying the consequences of theft, casualty loss, destruction, condemnation of, or other loss affecting the subject property (in whole or in part), which provisions may specify that in the event of such a theft, casualty loss, destruction, condemnation, or other loss the governmental entity shall be required to pay a stipulated amount to the grantor party and that, upon payment of such stipulated amount, title to that subject property (if not already held by the governmental entity) will pass to the governmental entity;

(7) Provisions requiring the governmental entity or the grantor party to maintain casualty insurance with respect to the subject property and/or to maintain liability, workmen’s compensation, and/or other insurance coverages during the term of the alternative financing contract and specifying the application of the proceeds of such insurance;

(8) If required by the grantor party or its assignee, covenants precluding or limiting the right of the governmental entity to acquire property comparable to the subject property within a specified time (not to exceed five years) after early cancellation or termination of the alternative financing contract or the failure of the governmental entity to exercise all available optional renewals or extensions on the basis of a failure to appropriate funds for payment of amounts due under such alternative financing contract;

(9) Covenants of the governmental entity to indemnify, hold harmless, and/or defend the grantor party with respect to any or all of the transactions contemplated by the alternative financing contract and/or in connection with the subject property;

(10) Provisions allocating responsibility for taxes, duties, assessments, and other impositions applicable to the alternative financing contract, any transactions contemplated by the alternative financing contract and/or the subject property;

(11) At the option of the governmental entity, a stipulation that such alternative financing contract shall terminate without further monetary obligation on the part of such governmental entity at the close of any fiscal year of such governmental entity in the event sufficient funds shall not have been appropriated or otherwise lawfully set aside to permit the governmental entity to satisfy its obligations under the alternative financing contract during the next succeeding fiscal year of such governmental entity, including during any renewal term under such alternative financing contract; and

(12) Provisions concerning the disposition of the subject property in the event of the expiration, cancellation, or termination of an alternative financing contract for any reason (including, without limitation, default by the governmental entity thereunder); including, without limitation, stipulations that upon any such expiration, cancellation, or termination of an alternative financing contract under the terms of which either (A) the governmental entity does not have an option to purchase or otherwise to acquire title to the subject property or (B) at the time of such cancellation or termination the governmental entity has not paid in full all amounts specified in such alternative financing contract in order to entitle the governmental entity to title to or transfer of title to the subject property, (i) such governmental entity shall no longer be entitled to claim any title or interest in the subject property as against the grantor party or any person claiming by, through or under the grantor party and the governmental entity shall, at its sole expense, deliver the subject property to the grantor party at the location specified in or pursuant to the alternative financing contract and in such condition as is specified in the alternative financing contract, (ii) in the event the governmental entity shall fail to return the subject property to the grantor party as described in clause (i), the grantor party shall have the right to take possession of the subject property, (iii) in taking possession of the subject property, a grantor party may proceed without judicial process if this can be done without breach of the peace or may proceed by action, and/or (iv) without removal, the grantor party may render subject property constituting personal property or fixtures unusable and may dispose of the same on the governmental entity’s premises.

(b) If an alternative financing contract contains the terms contained in subdivision (a)(11) hereof, such alternative financing contract shall be deemed to obligate the governmental entity thereunder only for those sums payable during the then current fiscal year of such governmental entity, including in the case of a renewable alternative financing contract for those sums payable in the individual fiscal year renewal term, and, if and to the extent any constitutional or statutory debt limit is applicable to such governmental entity, such alternative financing contract shall not be deemed to create a debt of such governmental entity within the meaning of any constitutional or statutory provision. Notwithstanding the foregoing, nothing in this section shall diminish the obligation of a governmental entity to pay all sums payable under such alternative financing contract during the then current fiscal year and to satisfy and discharge all obligations required to be performed under the alternative financing contract during the then current fiscal year of the governmental entity, including in the case of a renewable alternative financing contract those sums payable in the then applicable renewal term and those obligations required to be performed in the then applicable renewal term.

(c) Unless otherwise prohibited by the constitution or statutes of the state, a governmental entity may specify that its obligations under any alternative financing contract shall be a general obligation of such governmental entity or that such obligations shall be payable solely from specified sources. A governmental entity may assign and specifically pledge for the payment of any of its alternative financing contracts constituting general obligations (as additional security therefor) or for the payment of any of its alternative financing contracts constituting limited obligations (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 to be devoted to other purposes:

(1) The proceeds from any tax (including any ad valorem tax and any occupational, privilege, license, or excise tax) that such governmental entity is authorized to levy at the time of execution of such alternative financing contract;

(2) Any payments in lieu of taxes paid or payable to such governmental entity by other governmental units or by private persons or companies pursuant to contractual arrangements or laws in effect at the time of the execution of such alternative financing contract;

(3) The portion of any tax levied and collected by any other governmental entity that shall be apportioned and paid to such governmental entity pursuant to laws in effect at the time of the execution of such alternative financing contract;

(4) The income derived from the investment of moneys lawfully held by such governmental entity; and

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

The pledge of any pledged funds for the obligations of a governmental entity under an alternative financing contract pursuant to this chapter, together with any covenants of such governmental entity relating to such pledge, shall have the force of contract between such governmental entity and the grantor party or anyone claiming by, through, or under the grantor party. To the extent necessary, such pledged funds shall constitute a trust fund or funds which shall be impressed with a lien in favor of the grantor party and any person claiming by, through, or under the grantor party. 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 alternative financing contracts for which any pledge authorized by 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.

(d) The execution of and performance under an alternative financing contract by a governmental entity shall constitute the exercise of the borrowing power of the governmental entity. Alternative financing contracts shall constitute “other evidences of indebtedness” within the meaning and usage of Section 8-8-7, as amended.
Ala. Code § 41-15B-2.2 — Alabama Code / Title 41 / Chapter 15B / Section 41-15B-2.2
Section 41-15B-2.2 Allocation of Trust Fund Revenues
Status: in_force

(a) For each fiscal year, beginning October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon appropriation by the Legislature, an amount of up to and including two hundred twenty-five thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated for the administration of the fund by the council and the Commissioner of Children’s Affairs.

(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in the amounts provided for in Section 41-15B-2.1, shall be allocated as follows:

(1) Ten percent of the fund shall be allocated to the Department of Public Health for distribution to one or more of the following:

a. The Children’s Health Insurance Program.

b. Programs for tobacco control among children with the purpose being to reduce the consumption of all tobacco products by children. To be eligible to initially receive a portion of these funds, any county health department, school, local civic club, charity, or not-for-profit corporation shall submit a grant application pursuant to the guidelines promulgated by the State Department of Public Health, with provisions for annual renewal of the grants. Provisions for program evaluation in order to determine effectiveness, number of children served, and financial accountability shall be included in the guidelines. The Department of Public Health may employ personnel to carry out the purposes of this section and may not expend these funds for any purpose other than those set out in this section.

c. The Alabama Qualified Health Center Grant Program to increase access to preventative and primary services by uninsured, underinsured, or medically indigent patients served by such centers.

d. Any other children’s services provided by the Department of Public Health.

(2) Twenty-two percent of the fund shall be allocated to the State Board of Education to one or more of the following:

a. The operation of alternative schools as defined below:

1. In the initial fiscal year funding after June 9, 1999, the State Board of Education shall distribute a pro rata share of the monies based upon the second month enrollment of the preceding school year to each local board of education which submits a plan that satisfies all of the following criteria:

(i) The local board of education shall provide a 25 percent match of all funds for alternative school programs.

(ii) The local board of education shall provide suitable facilities for housing alternative school programs.

(iii) The plan submitted by each local board of education shall provide multiple tiers of alternative school programs which include, but are not limited to, “in-school suspension,” a short-term alternative school program designed to enable children to perform in the traditional classroom setting, and a long-term program which is a true alternative to expulsion.

(iv) The plan as submitted by each local board of education shall outline the educational services which shall be available to each child assigned to the short-term or long-term programs. Those services shall include, but are not limited to, all of the following:

A. Remedial education where necessary.

B. Counseling, including sessions on conflict resolution.

C. Social skills development.

(v) Each tier of the local plan shall be curriculum-based to address the goal of academic improvement and shall include, to the extent possible, mandatory parental notification and involvement.

(vi) If a local board of education can satisfactorily demonstrate that alternative school programs meeting all of the criteria in this section have been implemented, the allocation to the local board of education for alternative school programs may be directed by the State Board of Education to programs under the School Safety Enhancement Program.

(vii) Each year any monies remaining after distribution by the State Board of Education to the local boards of education which meet the criteria pursuant to subparagraph 1. and qualify for a portion of the monies, shall be allocated to those local boards of education demonstrating innovative programs with measurable improvements in academic achievement, attendance, school behavior, and parental involvement.

2. The State Board of Education shall review the programs of each local board of education receiving monies from the fund and shall annually submit a report to the council by July 1. This report shall include all of the following:

(i) The number of children served in each tier of the program.

(ii) The improvement in academic achievement.

(iii) The improvement in behavior.

(iv) The improvement in parental involvement.

(v) Financial accounting for the state and local monies expended.

3. The State Board of Education shall develop additional criteria for continued state funding of programs initiated pursuant to this chapter.

4. Sufficient safeguards shall be implemented to ensure that the new monies will increase and not supplant or decrease existing state or local support.

b.1. The School Safety Enhancement Program. The amount of monies available to each local board of education shall be determined by the State Board of Education based upon the second month enrollment of the preceding school year. To be eligible to initially receive a portion of the monies, each local board of education shall submit a grant application pursuant to guidelines promulgated by the State Board of Education with provisions for annual renewal of the grants. Provisions for program evaluation in order to determine effectiveness and financial accountability shall be included in the guidelines. The guidelines shall include all of the following:

(i) A component to enhance parental participation in school activities and promote parental responsibility for the performance and behavior of their children.

(ii) A requirement for a local 25 percent match of funds for school safety activities, excluding pre-kindergarten programs for at-risk children listed in item (ii) of subparagraph 2.

(iii) Sufficient safeguards implemented to ensure that the new monies will increase and not supplant or decrease existing local support.

2. School Safety Enhancement Programs eligible for grants shall be designed to prevent or reduce violence in the schools and communities and reduce school disciplinary or safety problems. The programs shall relate to one or more of the following:

(i) Extended day programs with supervised activities including, but not limited to, remedial education; tutorial assistance; arts, music, or other cultural enhancement; and activities for gifted children. Each local board of education may charge a fee based upon income for participation in the programs.

(ii) Pre-kindergarten programs for “at-risk” children. These programs do not require the local 25 percent match of funds for school safety activities mandated by item (ii) of subparagraph 1.

(iii) Truancy prevention programs which may include additional school attendance personnel and a Saturday school component.

(iv) Programs to assist children in dealing with anger and emphasizing acceptable ways of dealing with violence including peer mediation, conflict resolution, and law related education.

(v) Safety plans involving the use of metal detectors, other security devices, uniforms, school safety resource officers, or other personnel employed to provide a safe school environment.

(vi) Drug, alcohol, tobacco, gang-related, or satanic worshipping-related education, prevention, detection, or enforcement programs.

(vii) At-risk identification and intervention programs designed to identify children who are at-risk and coordinate school and community services so that the mental, physical, and social capabilities of the child are enhanced.

3. The State Board of Education shall review the programs of each local board of education which receive monies from the fund and annually submit a report to the council by July 1. This report shall include all of the following:

(i) The number of children served.

(ii) The improvement in academic achievement.

(iii) The improvement in behavior.

(iv) The improvement in parental involvement.

(v) Financial accounting for the state and local monies expended.

4. The State Board of Education shall develop additional criteria for continued state funding of programs initiated pursuant to this chapter.

c. Any other children’s services provided by the State Board of Education.

(3) a. Twenty percent of the fund shall be allocated to the Alabama Department of Human Resources for distribution to one or more of the following:

1. Foster care basic monthly maintenance rates to foster families.

2. Recruit and maintain additional therapeutic foster homes.

3.(i) Alabama Child Care Management Agencies to fund child care programs utilizing trained, qualified, and licensed child care facilities. These child care providers shall have specific emphasis on early intervention and nutrition services for all of the following:

A. The children of working parents who are income eligible as is defined by the guidelines of the Alabama Department of Human Resources for participation in the subsidized child care program.

B. The children of parents who have been unemployed and on public assistance but who have obtained employment and are income eligible as is defined by the guidelines of the Alabama Department of Human Resources for participation in the subsidized child care program.

C. The children of parents who are properly enrolled in Alabama public schools but have not yet completed school through grade level 12 and who are income eligible as defined by the guidelines of the Alabama Department of Human Resources for participation in the subsidized child care program.

(ii) The Alabama Department of Human Resources shall ensure that at least 25 percent of the funds allotted to Alabama Child Care Management Agencies annually shall be allocated to those children indicated in subitem A. of item (i) and at least 25 percent of the funds allotted to Alabama Child Care Management Agencies annually shall be allocated to those children indicated in subitem C. of item (i).

4. Services through licensed shelter care and licensed residential foster homes.

5. Special needs adoptions to assist in recruiting prospective adoptive parents, to facilitate the adoption of children with special needs, and to provide financial assistance to parents after adoption of these children.

6. Child advocacy centers within the state that are certified by the Alabama Network of Children’s Advocacy Centers, Incorporated, or its successor organization.

7. Any other children’s services provided by the Alabama Department of Human Resources.

b. Sufficient safeguards shall be implemented to ensure that these new monies will increase and not supplant or decrease existing state and local support received from any source.

(4) Five percent of the fund shall be allocated to the Children’s Trust Fund for distribution to one or more of the following:

a. Community-based programs providing unification of prevention services which shall include, but not be limited to, all of the following:

1. Parenting education.

2. Health screening for at-risk children.

3. Adult education classes.

4. Job readiness training.

5. Welfare-to-work programs.

6. Quality child care for participants.

b. Grants for community-based programs targeted toward “at-risk” children or teens with specific emphasis on plans, programs, and services to eradicate gangs, investigation of child pornography, criminal behavior, illiteracy, teen unemployment, teen pregnancy, and single parent families pursuant to the guidelines of the Children’s Trust Fund as provided in Sections 26-16-30 to 26-16-33, inclusive.

c. The Children’s Cabinet.

d. The Wallace Newborn Screening program.

e. The Child Abuse and Neglect Prevention Board.

f. Any other children’s services provided by the Children’s Trust Fund.

(5) Five percent of the fund shall be allocated to the State Multiple Needs Children’s Fund, pursuant to Section 12-15-174, to be allocated by the Alabama Children’s Services Facilitation Team for services for multiple needs children in accordance with Sections 12-15-171 and 12-15-175. The Alabama Children’s Services Facilitation Team shall develop a written plan to address the needs of multiple needs children. Disbursements from the Multiple Needs Children Fund shall be based on the written plan. The monies allocated pursuant to this subdivision shall be distributed to one or more of the following:

a. Counties, based upon the per capita child population of each county, according to the most recent federal census, to provide services for multiple needs children identified by the county children’s services facilitation team or referred by the juvenile court. These funds may be expended by a county children’s services facilitation team to meet the needs of children for whom individualized service plans have been developed and approved and which are within the guidelines, policies, and procedures of the Alabama Children’s Services Facilitation Team. Allotments to county children’s services facilitation teams shall be disbursed quarterly.

b. Alabama Children’s Services Facilitation Team for children whose needs exceed the resources available in the local community. These monies shall be used to purchase services or to develop services when a sufficient need can be documented.

c. Any other children’s services provided by the State Multiple Needs Children’s Fund.

(6) Five percent of the fund shall be allocated to the Department of Mental Health for distribution to one or more of the following:

a. Community-based services for children and families in crisis. The department shall maintain standards and procedures to require that all staff members who provide services pursuant to this subdivision have the appropriate specialized training or experience, or both, to meet the needs of the children and families served.

b. Intensive long term programs designed to change behavior and rehabilitate children with gang-related problems, satanic worshipping-related problems, drug or alcohol problems or addictions. Private providers may be utilized for these drug and alcohol and gang-related and satanic worshipping-related treatment programs. A portion of the funds allocated pursuant to this paragraph shall be used to fund halfway houses or other graduated release facilities for children with drug or alcohol problems or addictions.

c. Any other children’s services provided by the Department of Mental Health.

(7) a. Ten percent of the funds shall be allocated to the Juvenile Probation Services Fund and administered by the Administrative Office of Courts to unify and upgrade the juvenile justice system and improve the delivery of services to children who have been referred to the juvenile court. The monies allocated to the Juvenile Probation Services Fund shall be allotted to one or more of the following:

1. Convert juvenile probation officers and support staff in counties with a population of 99,000 or less, according to the most recent federal census, and Mobile County, Calhoun County, Etowah County, and Tuscaloosa County to state employee status under the direction and supervision of the Administrative Office of Courts pursuant to the Juvenile Probation Services Improvement Act. These funds shall also be used to provide salary subsidies for juvenile probation officers in each county with a population of more than 99,000, on the basis of one salary subsidy per 15,000 population or a fraction thereof.

2. In the fiscal year ending September 30, 1999, additional juvenile probation services positions at the ratio of one position per population of 47,000 or a major fraction of that amount. At a minimum, each county shall receive at least one additional juvenile probation officer. Juvenile probation services positions shall include juvenile probation officers, professional staff charged with developing programs for early intervention and correction of delinquent behavior, and officers assigned to intensively supervise juveniles returning from regional or state institutions. Each county shall be allocated at least one additional juvenile probation officer subsidy for the fiscal year ending September 30, 1999.

3. Any other juvenile probation service provided by the Administrative Office of Courts through the Juvenile Probation Services Fund.

b. In successive fiscal years, the percentage of monies received pursuant to this subdivision shall be allotted to the Juvenile Probation Services Fund to provide funding for juvenile probation services administered by the Administrative Office of Courts.

c. Each presiding juvenile court judge and chief juvenile probation officer shall jointly file a sworn statement on approved forms with the Administrative Office of Courts prior to July 1 of each year which shall contain a detailed listing of the general services provided by the juvenile probation staff to the children under their supervision. The services provided in each county shall include, but not be limited to, all of the following:

1. Programs to develop basic competency in social skills.

2. Truancy prevention programs.

3. Restitution collection programs.

4. Community service work programs.

5. Programs utilizing trained volunteers including mentor programs, volunteers in probation, and other programs.

6. Programs mandating parental accountability.

7. Intensive aftercare programs for children returning from regional or state institutions.

d. The responsibilities provided in this subdivision are supplemental to those provided in Section 12-15-7.

(8) a. Seventeen percent of the revenues shall be allocated to the Department of Youth Services to fund through public or private providers secure beds, group homes, graduated release facilities, community-based alternatives to commitment to the Department of Youth Services, and for subsidies for regional detention facilities. The public or private providers shall develop an aftercare plan for each juvenile leaving the custody of the Department of Youth Services and shall be responsible for monitoring compliance with and completion of each plan. The Department of Youth Services Board shall develop criteria and an allocation formula to insure that monies received from the fund shall be equitably distributed to provide access to local juvenile offender programs for both urban and rural areas throughout the state. The funds allocated to the Department of Youth Services shall be distributed for one or more of the following:

1. Facilities for secure beds and for graduated release facilities to integrate children from the Department of Youth Services secure facilities back into their local communities.

2. Intensive programs to include, but not be limited to, wilderness programs of sufficient duration to change behavior, to develop self-reliance, and to develop a work ethic. Not less than 20 percent of these funds shall be designated for the treatment of juvenile sex offenders.

3. Alternative programs which shall include, but not be limited to, bootcamps with a minimum required stay of 90 days, day-reporting centers, and intensive monitoring systems which are community-based.

4. Subsidies for regional detention facilities.

5. Any other children’s services provided by the Department of Youth Services.

b. An annual accounting of the distribution of the monies and the effectiveness of the programs shall be prepared by the Department of Youth Services and filed with the council prior to July 1. Sufficient safeguards shall be implemented to ensure that the new monies will increase and not supplant or decrease existing state or local support, except the portion of funds used year to year according to needs enumerated in this section.

(9) Three and one-half percent of the funds shall be allocated to the Alabama Medicaid Agency to fund services to directly benefit the needs of children and an AIDS waiver.

(10) One percent of the funds shall be allocated to the Alcoholic Beverage Control Board for education and enforcement of Chapter 11 of Title 28, which prohibits access to tobacco products by minors.

(11) a. One percent of the funds shall be allocated to the Department of Forensic Sciences to fund forensic services including, but not limited to, all of the following:

1. Investigation of child deaths where the child was not under the care of a physician, identification of missing children remains, and analysis of forensic evidence associated with crimes where the victim is a child.

2. Provision of medical examiners for local child death review teams.

3. Education of medical students and resident physicians regarding fatal child abuse.

4. Provision of expert testimony in court cases involving forensic findings in criminal investigations.

5. Provision of other forensic services for children when requested by the council.

b. The Department of Forensic Sciences shall prepare an annual accounting of the distribution of monies received and the effectiveness of programs implemented pursuant to this chapter and shall file the accounting with the council before July 1. Sufficient safeguards shall be implemented to ensure that the new monies increase and not supplant or decrease existing state support.

(12) One-half of one percent of the fund shall be allocated to the Department of Rehabilitation Services for distribution to one or more of the following:

a. Early intervention services for children from birth through age three and services for children who have traumatic brain injury.

b. Child death review teams pursuant to Article 5 of Chapter 16 of Title 26. The Department of Rehabilitation Services shall work in cooperation with the Department of Public Health to administer this paragraph.
Ala. Code § 41-10-679 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-679
Section 41-10-679 Competitive Bid
Status: in_force

Notwithstanding any contrary provision set forth in the Enabling Act, the contracts awarded by the authority with respect to the acquisition, construction, and equipping of any project shall be subject to all applicable competitive bid provisions of Alabama law pertaining to state contracts, including without limitation, those contained in Chapter 16 of this title and Chapter 2 of Title 39.
Ala. Code § 41-10-721 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-721
Section 41-10-721 Definitions
Status: in_force

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

(1) CONSTRUCTION CRAFT INDUSTRY FEES. Revenues received by the state in the form of federal, state, local, or private sector grants for the purpose of providing for the recruitment of, and the promotion of training programs and opportunities for, new construction industry craft workers and fees enacted for such purpose after January 1, 2009, specifically, but not limited to, fees imposed under Division 2 of this article. Except as provided in Section 41-10-732, no fee shall be collected from any licensed home builder, as defined in Chapter 14A of Title 34; from any subcontractor working on a residential construction site, including renovations to any residential structure; or from any person or entity specifically exempt under Chapter 14A of Title 34, except for subdivision (3) of Section 34-14A-6.

(2) INSTITUTE. The Alabama Construction Recruitment Institute, a public corporation authorized to be established pursuant to Section 41-10-723.

(3) RECRUITMENT AND TRAINING PROMOTION FUND. The fund established pursuant to Act 2009-563 and continued pursuant to Section 41-10-722.
Ala. Code § 41-10-545 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-545
Section 41-10-545 Members; Officers; Quorum; Vacancies; Salaries; Record of Proceedings
Status: in_force

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the president of the authority, the State Treasurer shall be the vice president, and the Director of Finance shall be the secretary. The State Treasurer shall be treasurer of the authority, shall act as custodian of its funds, and shall pay, out of the funds appropriated to the authority and other funds available to the authority, debt service referable to bonds of the authority and any authority-guaranteed obligations and amounts due with respect to any other obligations of the authority incurred pursuant to this division. The members of the authority shall constitute all the members of the directors of the authority, and any two members of the directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold the office by reason of death, resignation, expiration of the term of office, or for any other reason, then his or her successor in office shall take the place as an officer and member of the directors of the authority. No officer or member of the directors of the authority shall receive any salary in addition to that now authorized by law for any service rendered or for any duty performed in connection with the authority. All proceedings had and done by the directors shall be reduced to writing by the secretary of the authority, shall be signed by at least two members of the authority present at the proceedings, and shall be recorded in a substantially bound book, and filed in the office of the Secretary of State. Copies of the proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
Ala. Code § 41-4-400 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-400
Section 41-4-400 Division Created; Powers and Duties; Director
Status: in_force

(a) There shall be established within the Department of Finance the Division of Construction Management. The division may on behalf of the State of Alabama do any or all of the following:

(1) Acquire lands by purchase, condemnation, or otherwise.

(2) Plan for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing, improvement, or relocation of buildings, structures, and facilities for state departments, boards, bureaus, commissions, agencies, and offices.

(3) Set policies, procedures, and guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and improvement of all property now owned or hereafter acquired by the state or any institution or agency thereof.

(4) Construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish, improve, and locate buildings, structures, and facilities for the use of the State of Alabama or any of its departments, boards, bureaus, commissions, agencies, and offices as in its judgment shall be necessary for state, institutional, or agency purposes.

(5) Enter into contracts or consult with architects, engineers, contractors, suppliers, and others as needed to perform any of the functions provided for in this subsection.

(6) Receive any monies, land, or equipment donated, appropriated, or otherwise acquired by it for the purposes provided for in this subsection.

(7) Charge and provide for collection of user fees for its services. The fees established shall take into consideration the costs of operating the division.

(8) Make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it.

(9) Review and approve or disapprove all proposed construction, renovation, or improvement projects for constructability, durability, and maintainability and ensure the efficient use and availability of funds.

(10) Adopt uniform standards for the construction and renovation of all state-owned facilities.

(11) Review and administer all design and construction contracts for all state-owned facilities as provided for in this subsection.

(12) Submit to the Director of Finance the priorities and recommendations for the repair, renovation, capital improvement, and planning needs of state departments, boards, bureaus, commissions, agencies, and offices.

(13) Review and approve or disapprove all state bond expenditures approved for construction.

(14) Review all emergency project declarations and aid in the timely execution of emergency projects.

(b) The Division of Construction Management shall be headed by and under the supervision, direction, and control of an officer who shall be designated director of construction management. He or she shall be appointed, subject to the provisions of the state Merit Law, by the Director of Finance, with the approval of the Governor. The compensation of such officer shall be fixed in accordance with the pay plan of the state Merit System.

(c) Effective October 1, 2015, the Building Commission established in Section 41-9-140 is abolished. All powers, authority, and jurisdiction of the Building Commission, including, but not limited to, those authorities currently established in Sections 16-1-2.1 and 16-1-2.2, 16-16-10(o)(2) and (p), 34-14B-1 to 34-14B-10, 39-2-2(f)(1), 41-9-160 to 41-9-165, 41-9-170 to 41-9-174, 41-9-243, 41-9-542, 41-10-271, 41-10-364, and 41-16-72(3)a. through f. are hereby transferred to the Division of Construction Management within the Department of Finance.

(d)(1) Notwithstanding this article or any other law to the contrary, the powers, authority, and jurisdiction granted to the Division of Construction Management within this section does not extend to property that is part of an educational institution or a state educational institution or any existing, planned, or future ancillary improvement on that property, including, but not limited to, design or construction projects either partially or fully funded by the Public School and College Authority. The Division of Construction Management shall retain its authority to adopt a uniform minimum building standards code for the construction and renovation of facilities at any educational institution or state educational institution. For purposes of this article and Sections 16-1-2.4 and 16-1-2.5, “educational institution” and “state educational institution” shall have the same meaning as provided in Section 16-17-1, but shall not include K-12 schools or public four-year institutions of higher education.

(2) Except as otherwise provided in subdivision (1), any powers, authority, and jurisdiction granted to the Division of Construction Management within this section relating to an educational institution or state educational institution, including, but not limited to, those relating to design or construction projects either partially or fully funded by the Public School and College Authority, are hereby transferred to the governing board of each institution, as provided in Section 16-1-2.4.

(e) Notwithstanding any other provisions of this article, all individuals employed with the Building Commission on October 1, 2015, shall be transferred to the Department of Finance.
Ala. Code § 41-10-182 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-182
Section 41-10-182 Reaffirmation of Charter of Town of Blakeley; Recognition as Municipality; Boundaries; Persons Recognized as Citizens for Purposes of Electing Town Officials and Conducting Town Business; Authority as Governing Body of Town of Blakeley
Status: in_force

The original charter of the Town of Blakeley by act of the Alabama Legislature in 1818 strengthened by an act of the Alabama state Legislature in 1820 and never revoked following demise of the town is hereby reaffirmed, and the Town of Blakeley is recognized as a municipality of the State of Alabama whose boundaries are hereby established as those of the national register site. Members of the authority and any other persons over the age of 21 whom the authority may designate, their place or places of residence in Alabama notwithstanding, shall be recognized as citizens of the Town of Blakeley for the purpose of conducting elections of town officials and other town business decided by referendum, until such time as citizens shall elect to come within the general provisions of the Code of Alabama 1975 as to government of municipalities. Until such time as the Town of Blakeley citizens decide on an alternative form of government, the authority shall be recognized as the governing body of the Town of Blakeley and is hereby empowered to elect from Blakeley citizens a mayor and members of town council to serve according to terms of office to be set by the authority.
Ala. Code § 41-9-210 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-210
Section 41-9-210 Office to Succeed to Alabama Development Office as Federal Programs; Purpose, Responsibilities, Etc
Status: in_force

The Office of State Planning and Federal Programs shall be the principal staff agency of the executive branch to plan with the other departments of state government, and with other governmental units, for the comprehensive development of the state’s human, economic, and physical resources and their relevance for programs administered by the state and the governmental structure required to put such programs into effect. The purpose of such planning shall be to insure that the maximum benefit will accrue to the state from the advances, loans, grants, and other forms of assistance made available to local governmental units and state departments, agencies, and institutions by the federal government, or any agency, or any political subdivision thereof. It shall provide information, assistance and staff support by all appropriate means available. The Office of State Planning and Federal Programs shall perform all duties and exercise all the powers and authority relative to state, regional and local planning, and to the study and review of plans, programs, and federal aid applications filed with the federal government vested in the Alabama Development Office prior to May 28, 1980. All the functions, powers, authority and duties relative to carrying on a planning program for the human, economic and physical development of the state and the counties and municipalities thereof, including the preparation of a state master plan as well as the authority to provide an assistance program to regions, counties and municipalities in the preparation of comprehensive physical plans for such regions, counties, and municipalities vested by Sections 41-9-181 through 41-9-183, and 41-9-200 through 41-9-204 in the Alabama Development Office and as they relate to federal programs, federal grants, or federal assistance, are confirmed, continued, transferred to and shall be vested in the Office of State Planning and Federal Programs. All books, records, supplies, funds, equipment, personnel, and assets and property of whatsoever nature, had, exercised, used or employed by the Alabama Development Office in the pursuit of the functions herein delineated are also hereby transferred to the Office of State Planning and Federal Programs.
Ala. Code § 41-9-630 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-630
Section 41-9-630 Furnishing of Other Identifying Data to Alabama State Law Enforcement Agency by Criminal Justice Agencies
Status: in_force

(a) All persons in charge of criminal justice agencies in this state shall furnish ALEA with any other identifying data required in accordance with guidelines established by the commission.

(b) All criminal justice agencies in this state having criminal identification files shall cooperate in providing to ALEA information in the files to aid in establishing the nucleus of the state criminal identification file.
Ala. Code § 41-4-122 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-122
Section 41-4-122 Powers and Duties of Chief Procurement Officer
Status: in_force

(a) The Chief Procurement Officer shall serve as the central procurement officer of the state.

(b) Consistent with this article, the Chief Procurement Officer shall adopt operational procedures governing the internal functions of the Division of Procurement .

(c) Except as otherwise specifically provided in this article, the Chief Procurement Officer, in accordance with rules adopted under this article, shall do all of the following:

(1) Except for alcoholic beverages, which shall be purchased by the Alcoholic Beverage Control Board, procure or supervise the procurement of all supplies and services needed by the state.

(2) Ensure compliance with this article and the rules implementing this article by reviewing and monitoring procurements conducted by any designee, department, agency, or official delegated authority under Section 41-4-123.

(3) Perform other functions and duties of the Department of Finance as may be assigned by the Director of Finance.

(d)(1) The Chief Procurement Officer may establish and maintain a system for the purchase of supplies and services by governmental bodies that conduct their procurement activities through the Division of Procurement , through the utilization of approved credit cards. County and municipal governments and instrumentalities or public corporations thereof may participate in the state fleet fuel card program subject to the terms and conditions of the program related to the utilization of the fleet fuel card; provided, however, that county and municipal governments and instrumentalities or public corporations thereof shall not otherwise be subject to this subsection.

(2) The Chief Procurement Officer shall establish by rule a process for the competitive solicitation of credit card providers. The state Comptroller and the Chief Procurement Officer shall adopt fiscal procedures governing the payment of charges incurred by credit card users and the use of credit cards. The use of approved credit cards shall be established by the state Comptroller and the Chief Procurement Officer, with the approval of the Director of Finance, and be published through the Alabama fiscal procedures, in which each purchase made using approved credit cards is required to have prior approval by the department head or his or her designee and a record of each purchase and approval is to be maintained. The Chief Procurement Officer may select the provider or providers offering the highest fees to the division for the use of its credit card or credit cards.

(3) Fees received by the division for the use of credit cards shall be placed in a special fund entitled the State Procurement Fund in the State Treasury for the use of the division and the funds shall be appropriated, budgeted, and allotted in accordance with Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts stipulated in general appropriations bills and other appropriation bills.

(4) Approved credit cards may be issued to requisitioning agencies upon the recommendation of the Chief Procurement Officer and the approval of the Director of Finance. Approved credit cards shall be assigned to the department and limited in number. Approved credit cards may be used to purchase items of supplies and services, and may not exceed the limitations set forth by rule.

(5) The director of the governmental body using credit cards is responsible for the proper use of credit cards assigned to his or her agency, in accordance with rules established by Alabama fiscal procedures. The Chief Procurement Officer may collect any credit card from any governmental body at any time due to improper use. The Chief Procurement Officer shall submit an annual report and accounting regarding the use of credit cards by each governmental body to the Director of Finance and the Governor.

( e) The Division of Procurement may charge a biannual registration fee to vendors desiring to register with the office to receive invitations to bid for any supplies or services solicited by the division and to governmental bodies for their proportionate share of operating costs of the office. Any fee shall be set by administrative rule upon the approval of the Director of Finance. Any fees collected under this subsection shall be deposited in the State Treasury to the credit of the State Procurement Fund and shall be appropriated, budgeted, and allotted in accordance with Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts stipulated in general appropriations bills and other appropriation bills.

( f) The Chief Procurement Officer may make purchases, contracts, or leases for any county, instrumentality of a county, municipal corporation, local board of education, or other local public body upon the request of the local public body.

(g) The Chief Procurement Officer shall adopt rules consistent with this article to govern the procurement of supplies and services procured by the state.
Ala. Code § 41-4-356 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-356
Section 41-4-356 Implementation of Article
Status: in_force

The Director of Finance shall implement this article to achieve the intent expressed herein and shall have such full authority and power necessary to accomplish its objectives, including the following express powers, together with those that may be reasonably implied therefrom by the director in the exercise of his or her discretion:

(1) To organize the divisions in such fashion as the director determines will be most effective, to accomplish the objectives of this article.

(2) To employ such personnel as he or she deems necessary, subject to the provisions of the Merit System law, except as otherwise permitted by other provisions hereof. The State Personnel Board shall establish such positions as the director determines are needed for operations of the divisions.

(3) To engage such consultants, lawyers, accountants, real estate brokers, agents, and other professionals and service providers to provide advice, counsel, and such other services and to negotiate such arrangement for compensation as he or she determines to be in the best interest of the state, including payment in such fashion as is customary for the service providers industry.

(4) To determine the times for the orderly transfers of responsibilities and duties pursuant to this article.

(5) To develop such strategies, plans, and priorities that he or she determines necessary and appropriate.

(6) To establish such policies, procedures and rules to ensure that the intent of this article is realized.
Ala. Code § 41-9-355 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-355
Section 41-9-355 Loan from State Docks Department; Commission May Borrow from Banks Pending Such Loan and Pledge Loan as Security; $50,000.00 Outstanding Indebtedness Forgiven
Status: in_force

(a) At such time as existing revenue bond covenants of the Alabama State Docks Department are satisfied as a result of any refunding of revenue bond issues of the Alabama State Docks Department that are outstanding as of August 1, 1963, the Alabama State Docks Department shall loan $50,000.00 to the USS Alabama Battleship Commission from the trust fund that will be released to the Alabama State Docks Department as a result of said refunding. This loan shall be repaid to the Alabama State Docks Department from the proceeds of the first revenue issue authorized under this article.

Pending said loan from the Alabama State Docks Department from the released trust fund, the USS Alabama Battleship Commission is hereby authorized to borrow from any bank or banks in the state of Alabama such sums up to $50,000.00 as are needed to carry out the purposes of this article. The USS Alabama Battleship Commission may pledge as collateral for this loan or loans the above described loan that will be received from the Alabama State Docks Department.

(b) Having issued no bonds as of May 29, 1985, and having no intentions to do so, the $50,000.00 outstanding indebtedness to the Alabama State Docks Department is hereby forgiven.
Ala. Code § 41-4-11 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-11
Section 41-4-11 Use of Funds in Sinking Fund - Sale of Bonds; Reinvestment of Funds; Cancellation of Paid Bonds
Status: in_force

With the consent of the Governor, said bonds so purchased and held in trust may be sold from time to time by the Department of Finance, if it is deemed for the best interest of the sinking fund that said transactions be had, and the proceeds held or reinvested from time to time, provided always said fund be kept intact and be used at the maturity of the said bonds for the retirement of the same. Bonds in said sinking fund on maturity dates shall be cancelled and destroyed as other bond obligations of the state are handled when paid at maturity.
Ala. Code § 41-23-211 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-211
Section 41-23-211 Legislative Findings
Status: in_force

The Legislature finds that the availability of high-speed broadband services, with the preference of speeds of 100 megabits per second of download speed and 100 megabits per second of upload speed or greater, in unserved rural Alabama is important for economic development, education, health care, and emergency services in Alabama, and that grants and other incentives set forth in this article will further those objectives by encouraging new investment in broadband infrastructure.
Ala. Code § 41-6A-9 — Alabama Code / Title 41 / Chapter 6A / Section 41-6A-9
Section 41-6A-9 Council Duties and Functions
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-9-323 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-323
Section 41-9-323 Meetings Generally; Quorum; Organization and Procedure; Seal; Officers; Requirement of Bond from Treasurer
Status: in_force

Ten members of the commission shall constitute a quorum for the transaction of business. Additional meetings may be held at such times and places within the state as may be necessary, desirable or convenient upon call of the chair or, in the case of his or her absence or incapacity, of the vice-chair or on the call of any three members of the commission. The commission shall determine and establish its own organization and procedure in accordance with the provisions of this division, and shall have an official seal. The commission shall elect its chair, its vice-chair, its secretary, and its treasurer, and such officers shall hold office for a period of one year or until a successor is elected. Neither the secretary nor the treasurer need be members of the commission. The commission may require that the treasurer thereof be bonded in an amount to be determined by the commission.
Ala. Code § 41-9-544 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-544
Section 41-9-544 Funding
Status: in_force

In addition to any other power established pursuant to this article, the authority may exercise the following powers:

(1) To solicit and receive appropriations, gifts, contributions of money, and property consistent with the purpose for which the authority is created. Title to all gifts, articles, and money received by the authority shall be vested in the authority. The authority shall use gifts, articles, and money received for the purpose specified by the grantor, to the extent consistent with this article and the rules of the authority.

(2) To solicit and accept loans of furniture and other objects as it deems suitable and appropriate. The authority shall use loaned furniture and objects for the purpose specified by the grantor to the extent consistent with this article and the rules of the authority.

(3) To make, enter into, and execute contracts, agreements, and other instruments as may be necessary or desirable to accomplish any purpose for which it is created, including entering into agreements with any civic organization, nonprofit group or organization, or professional or government organization relative to the day-to-day operation of the Governor’s Mansion Complex.

(4) To accept gratuitous services from individuals and organizations and to appoint, employ, and contract with the employees, agents, advisors, and consultants, including, but not limited to, architectural historians, landscape architects with experience in landscape architectural preservation, conservators, historians, engineers, and craftsmen as may be necessary or desirable, and to fix their compensation.

(5) To expend any funds it may receive under this article as it deems appropriate and consistent with the purposes of this article or for any of the purposes set out in Section 36-13-6 for which expenditures from the Mansion Fund are authorized.

(6) To participate with other public and private authorities in providing for the transportation of visitors between the complex and other historic and cultural sites. The authority may set and collect a fee for such transportation.

(7) To construct and operate a visitor’s center and parking lot for the benefit of visitors to the complex, and to set and collect a fee for parking.

(8) To purchase, produce, sell, and distribute historical souvenir items.

(9) To publish or contract for the publication of brochures, books, and periodicals intended for the general public that are promotional, informational, or educational about the buildings, contents, and grounds of the complex, and to sell the publications at prices set by the authority.

(10) To apply for and accept from any federal, state, county, or municipal government or agency or any other public or private source, grants, or other assistance in furtherance of the authority’s purposes under the conditions as may be provided by the source.
Ala. Code § 41-9-623 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-623
Section 41-9-623 Submission of Data to Alabama State Law Enforcement Agency
Status: in_force

(a) All criminal justice agencies within the state shall submit to ALEA fingerprints, descriptions, photographs, and other identifying data on the following persons:

(1) Persons who have been lawfully arrested in this state for an offense.

(2) Persons who have been charged with an act of delinquency or adjudicated a youthful offender for conduct which would constitute an offense if committed by an adult.

(b) All chiefs of police, sheriffs, prosecuting attorneys, parole and probation officers, wardens, or other persons in charge of correctional or detention institutions in this state shall furnish ALEA with any other data deemed necessary by the commission to carry out its responsibilities under this article.

(c) The Administrative Director of Courts or the chief administrative officer of any other entity charged with the compilation of information and statistics pertaining to the disposition of criminal, youthful offender, and juvenile cases shall report the disposition to ALEA within a reasonable time after formal rendition of judgment as prescribed by the commission.
Ala. Code § 41-9-1084 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1084
Section 41-9-1084 Employees
Status: in_force

This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-284.
Ala. Code § 41-23-153 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-153
Section 41-23-153 Establishment and Administration of Financing Program
Status: reserved

(a) The department, in cooperation with public and private sector partners, shall establish a financing program to provide financing to retailers to construct, rehabilitate, or expand grocery stores in underserved communities in urban and rural low and moderate income areas.

(b) The department may contract with one or more qualified nonprofit organizations or community development financial institutions to administer this program through a public-private partnership. The department shall establish program guidelines, promote the program statewide, evaluate applicants, underwrite and disburse grants and loans, and monitor compliance and impact. The department may develop rules in accordance with the Administrative Procedure Act to carry out the program and to meet the intent of this article. No more than 10 percent of the monies in the fund shall be reserved for administrative and operational costs to manage the program by the department, unless those costs are provided for from other budgets or in-kind resources.

(c) The department shall establish monitoring and accountability mechanisms for projects receiving financing and shall report annually to the Legislature on the projects funded, the geographic distribution of the projects, the costs of the program, the administrative cost of the program, and the outcomes, including the number and type of jobs created and health impacts associated with the program.

(d) The department shall create eligibility guidelines and provide financing through an application process. Projects shall be located in an underserved community and primarily serve low or moderate income areas. Projects eligible for financing include the following:

(1) Construction of new grocery stores.

(2) Store renovations, expansion, and infrastructure upgrades that improve the availability and quality of fresh produce and other healthy foods.

(e) An applicant for financing may be a for-profit or nonprofit entity, including, but not limited to, a sole proprietorship, partnership, limited liability company, corporation, cooperative, nonprofit organization, nonprofit community development entity, university, or government entity. An applicant for financing shall do all of the following:

(1) Demonstrate the capacity to successfully implement the project and the likelihood that the project will be economically self-sustaining.

(2) Demonstrate the ability to repay the debt.

(3) Agree, for a period of at least five years, to comply with the following conditions:

a. To allocate at least 30 percent of food retail space for the sale of perishable foods, which may include fresh or frozen dairy, fresh produce, whole grains, fresh meats, poultry, and fish.

b. To comply with all data collection and reporting requirements established by the department.

c. To promote the hiring of local residents.

(f) In determining which qualified projects to finance, the department shall consider all of the following:

(1) The level of need in the area to be served.

(2) The degree to which the project requires an investment of public financing to move forward, create impact, or be competitive, and the level of need in the area to be served.

(3) The degree to which the project will have a positive economic impact on the underserved community, including by creating or retaining jobs for local residents.

(4) The degree to which the project will participate in state and local health department initiatives to educate consumers on nutrition and promote healthier eating.

(5) Other criteria the department determines to be consistent with the purposes of this article.

(g) Financing made available for projects may be used for any of the following purposes:

(1) Site acquisition and preparation.

(2) Construction and build-out costs.

(3) Equipment and furnishings.

(4) Workforce training or security.

(5) Pre-development costs such as market studies and appraisals.

(6) Energy efficiency measures.

(7) Working capital for first-time inventory and startup costs.
Ala. Code § 41-9-594 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-594
Section 41-9-594 Establishment of Rules and Policies; Privacy and Security Committee; Fees. (Amended by Act 2026-374)
Status: in_force

AMENDED BY ACT 2026-374, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The commission shall establish its own rules and policies for the performance of the responsibilities charged to it in this article.

(b) The commission shall establish rules and policies that will restrict the information obtained under authority of this article to the items germane to the implementation of this article and restrict the use of information only to authorized persons and agencies.

(c) The chair of the commission shall appoint a Privacy and Security Committee from the membership of the commission who are elected officials, or their designees, consisting of a chair and three members, to study the privacy and security implications of sharing criminal justice information and to formulate policy recommendations for consideration by the commission concerning the collection, storage, dissemination, or usage of criminal justice information.

(d) The commission may adopt rules and policies regarding the collection, storage, and dissemination of criminal justice information that conform to the policies of the FBI CJIS. The commission may adopt rules and policies that permit ALEA to perform background checks for noncriminal justice purposes and may provide for the procedure for obtaining the records including, but not limited to, charging a fee not to exceed twenty-five dollars ($25) for securing records through ALEA. All fees shall be deposited into the State Treasury to the credit of the Public Safety Fund and shall be used to cover the expenses for improving criminal history records and the state repository at ALEA.

(e) Any rule or policy of the commission to the contrary notwithstanding, the police department of any college or university in this state which offers medical, nursing, and health care education, or which operates a hospital may request from ALEA a criminal background check on any person who applies for employment with the college or university, and ALEA may charge a background search fee of up to twenty-five dollars ($25) from each applicant for each search conducted on the applicant. All fee proceeds from the background check fee shall be deposited in the State Treasury to the credit of the Public Safety Fund and shall be used to cover expenses for improving criminal history records and the state repository at ALEA.

(f) The commission may establish a fee schedule for any services rendered by ALEA under the authority of this article. All fees shall be deposited into the State Treasury to the credit of the Public Safety Fund and shall be used to support, develop, maintain, and promote operations as authorized in this article.
Ala. Code § 41-9-299 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-299
Section 41-9-299 Enforcement of Division
Status: in_force

All law enforcement agencies and officers, state and local, shall assist the commission in the enforcement of this division.
Ala. Code § 41-10-48.02 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.02
Section 41-10-48.02 Legislative Intent
Status: in_force

(a) The Legislature finds and declares the following:

(1) That Alabama’s new strategic economic growth plan for the next decade identifies 10 target sectors, including metals and advanced materials, chemical manufacturing, and technology, that utilize a significant amount of energy and will require expansions and upgrades of existing utility infrastructure to meet the increased demand for energy.

(2) That Alabama’s peak energy demand is expected to grow by six gigawatts in the next decade, a 33 percent increase from today, according to the State Infrastructure Study.

(3) That significant lead times exist for critical energy infrastructure components, which will be necessary to meet the growing demand for energy and continued economic growth.

(4) That it is in the best interest of the state to accelerate energy infrastructure development necessary to sustain economic growth by:

a. Providing financing and support to the various electric providers in the state through loans and other financial assistance to accelerate the rate of energy infrastructure development; and

b. Procuring energy infrastructure components with long-lead times to make available to the various electric providers in the state for more rapid deployment.

(b) By the passage of this article, it is the intent of the Legislature to:

(1) Prescribe certain additional powers of the State Industrial Development Authority;

(2) Create the Alabama Energy Infrastructure Bank and the Alabama Energy Infrastructure Fund to provide strategic financing for energy infrastructure projects that support economic growth; and

(3) Establish the Strategic Energy Infrastructure Development Fund to address long-lead times for critical energy infrastructure components.
Ala. Code § 41-10-675 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-675
Section 41-10-675 Pledge and Appropriation of Pledged Revenues
Status: in_force

There is hereby irrevocably pledged and appropriated such amount of pledged revenues deposited in the special fund, and earnings thereon, as may be necessary to pay and to redeem prior to their respective maturities the principal, interest, and premium, if any, on the bonds; provided, however that the bonds may not be issued in principal amounts and maturities such that the debt service payable on such bonds may ever be greater than the amounts permitted by the Enabling Act.
Ala. Code § 41-10-512 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-512
Section 41-10-512 Conveyance of Land to Corporation; Conveyance of Improvements Back to State
Status: in_force

The Governor of Alabama or the officers of any public corporation, as appropriate, are authorized and directed to execute and deliver immediately before or simultaneously with the issuance of the first series of the bonds of the corporation contemplated by this article appropriate deeds conveying to the corporation the title to that block of land bounded by the following streets: Pelham, Jackson, Washington, and South Ripley in the Capitol complex in the City of Montgomery, Alabama. The consideration for said conveyances shall be the corporation’s undertaking to reconvey said land with improvements free of charge to the state immediately before the dissolution of the corporation. Since the land would otherwise remain unimproved, said consideration is hereby conclusively determined to be valuable, adequate and fair. Immediately prior to its dissolution the corporation shall also convey to the state the title to that block of land bounded by the following streets: Pelham, Jackson, Washington, and South Ripley in the Capitol complex in the City of Montgomery, Alabama acquired for construction of buildings thereon whether by purchase, gift, grant, or otherwise provided the terms of the grant are not violated thereby.
Ala. Code § 41-9-70 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-70
Section 41-9-70 Limitation on Amount of Award for Personal Injury or Death
Status: in_force

The Board of Adjustment shall not fix a greater amount to be paid on any claim for death or personal injuries than the limits fixed in Chapter 5 of Title 25 for injuries, loss of time, medical attendance, or death; provided, that convicts shall be considered as receiving the minimum wages mentioned in Chapter 5 of Title 25.
Ala. Code § 41-10-94 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-94
Section 41-10-94 Notice of Resolution Authorizing Issuance of Bonds; Limitation Period for Actions Contesting Validity of Bonds, Etc
Status: in_force

(a) Upon the adoption by the board of any resolution providing for the issuance of bonds, the corporation may, in its discretion, cause to be published once a week for two consecutive weeks in a newspaper published in the county a notice in substantially the following form (the blanks being properly filled in) at the end of which shall be printed the name and title of either the chairman or secretary of the corporation:

“Notice of proposed issuance of revenue bonds of _____ (name of corporation). The above named public corporation which is a political subdivision of the State of Alabama on the _____ day of _____, adopted a resolution authorizing the issuance of $_____ principal amount of the revenue bonds of said corporation for ______, which is a project authorized and permitted by the act of the Legislature of Alabama under which said corporation was organized. Any civil action or proceeding questioning the validity of the said bonds or pledge of any rent, revenues or income to the payment thereof or the indenture under which said bonds will be issued or the proceedings authorizing the same must be commenced within 20 days after the first publication of this notice.”

(b) Any civil action or proceeding in any court to set aside, contest, or question the legality of the bonds referred to in said notice or the proceedings authorizing the issuance of such bonds or the validity of the pledges made therefor or the indenture under which they are to be issued must be commenced within 20 days after the first publication of such notice. After the expiration of said period, no right of action or defense questioning or attacking the validity of said proceedings or the said bonds or the said pledges or indenture shall be asserted nor shall the validity of the said proceedings, bonds, pledges or indenture be open to question in any court on any grounds whatsoever except in a civil action commenced within such period.
Ala. Code § 41-4-33.1 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-33.1
Section 41-4-33.1 State-Owned Surplus Property Transferred to Volunteer Fire Departments; Determination by Forestry Commission; Approval by Department; Penalty for Unauthorized Use; Final Disposition of Property
Status: in_force

(a) All surplus property owned by the state to be disposed of by sale at auction by the Finance Department shall first be screened by the Forestry Commission to determine if such property may be of use by volunteer fire departments for specific use in fire suppression activities. If the Forestry Commission finds such property to be useful for such purposes, then, with the approval of the state Finance Director, such property shall be transferred to the Forestry Commission. All such property shall be loaned to the volunteer fire departments.

(b) Any property transferred to a volunteer fire department under the provisions of this section shall be used exclusively for fire protection purposes. The use of any such property other than on the business of the volunteer fire department is expressly prohibited. Any violation of the provision of this section shall be a Class A misdemeanor punishable as provided under Title 13A.

(c) Final disposition of all properties loaned by the Forestry Commission as a result of this section shall rest with the Finance Department of the state.
Ala. Code § 41-9-262 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-262
Section 41-9-262 Fort Tombeckbee Historical Advisory Board
Status: in_force

(a) An advisory board to be known as the Fort Tombeckbee Historical Advisory Board is hereby authorized to be appointed by the Governor for the purpose of advising the Alabama Historical Commission on the acquisition, maintenance and protection of certain properties and objects of historical interest at Fort Tombeckbee in Sumter County. Said board shall be composed of three members, and the first appointees shall be appointed to serve for terms of two, four, and six years, respectively, and subsequent appointees shall serve for terms of four years. Such members shall serve without compensation.

(b) Said board shall advise the Alabama Historical Commission: To acquire title, possession, or control of such properties and also of objects of historic interest at Fort Tombeckbee as it may deem necessary or proper, to be maintained, preserved and protected on behalf of the State of Alabama; to mark in suitable manner the places or locations of historic interest at such point; and to prepare and publish for distribution pamphlets or other printed matter with respect thereto. The Alabama Historical Commission may, in its complete discretion, act upon any suggestions or advice of the advisory board. Any expenses incurred by the board shall be paid out of any money appropriated by the Legislature or by any gift, bequest, or grant from whatever source.
Ala. Code § 41-24-4 — Alabama Code / Title 41 / Chapter 24 / Section 41-24-4
Section 41-24-4 Authority and Responsibilities of Heads of Grant-Making Agencies
Status: in_force

It will be the responsibility of the heads of grant-making agencies to evaluate grant proposals based on the criteria shown in Section 41-24-5; to monitor and insure that the expenditure of grant funds are in accordance with the associated grant proposal, this chapter and relevant state laws; and upon finding that such grant expenditures are not in accordance with the aforementioned conditions, to suspend the release of further grant funds and take action to recover the improperly expended grant funds; to design and distribute its grant proposal instrument; to maintain up-to-date records of all grants that are currently in effect; to maintain records of all completed grants and grant proposals that were denied for a period of three full years; and may promulgate reasonable rules to implement and enforce the provisions of this chapter.
Ala. Code § 41-4-52 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-52
Section 41-4-52 Comptroller - Restrictions on Receipt of Revenue
Status: in_force

The Comptroller has no authority in any civil action or proceeding commenced or directed by him or her, or in any other case, unless such authority is expressly given, to receive any of the state revenue.
Ala. Code § 41-10-521 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-521
Section 41-10-521 Dissolution
Status: in_force

When all bonds and securities issued by the authority and all obligations assumed by it under the provisions of this article shall have been paid in full, the then president of the authority may thereupon execute and deliver in the name of, and in behalf of, the authority an appropriate deed or deeds, to which the seal of the authority shall be affixed and attested by the secretary of the authority, conveying all facilities, properties, and other assets then owned by the authority to such agency of the state as shall be designated by the Governor. The then directors of the authority may at such time file with the Secretary of State a written statement, subscribed and sworn to by each of them, reciting the payment in full of all bonds theretofore issued by the authority and the execution and delivery of such deed or deeds, which statement shall be filed by the Secretary of State and recorded with the certificate of incorporation of the authority, and thereupon the authority shall stand dissolved.
Ala. Code § 41-9-296 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-296
Section 41-9-296 Distribution of Funds
Status: in_force

(a) Any funds received by the commission under the terms and conditions of permits or contracts made pursuant to this division shall be placed in funds maintained in the State Treasury.

(b) The commission shall, pursuant to its rulemaking power, provide a procedure for the sale at public auction of any articles seized pursuant to this division, with the proceeds going to the State General Fund to be appropriated by the Legislature.
Ala. Code § 41-9-436 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-436
Section 41-9-436 Promotion and Advertising of Exhibits and Facilities; Procurement of Supplies and Services; Operation or Leasing of Concessions
Status: in_force

In view of the unique character and complexity of the duties and responsibilities imposed on the commission by this article, it is hereby specifically provided that in addition to the power and authority enumerated in Section 41-9-432, the commission may:

(1) Develop and institute a program of promotion and advertising of the exhibits and facilities provided for by this article. The program of promotion and advertising shall be conducted by the commission both within and without the state in a manner and to an extent as may be deemed economically advisable and appropriate by the commission;

(2) Procure supplies and services in the same manner as an educational or eleemosynary institution governed by a board of trustees or other similar governing body pursuant to Section 41-4-124(b)(1); and

(3) Operate itself or, in its discretion enter into lease agreement with a person or agency of its choosing to operate, all concessions located in or on the grounds and facilities operated by the commission. Any such lease agreement shall be so designated as to provide maximum services and convenience to the patrons of the exhibit center and to provide reasonable revenue return to the commission.
Ala. Code § 41-10-48.11 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.11
Section 41-10-48.11 Authorization and Security of Bonds and Other Obligations; Form and Execution
Status: in_force

(a)(1) The bonds of the authority must be authorized by a resolution of the authority.

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

(3) The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the authority prior to their issuance.

(4) The bonds may bear interest payable at a time and at a rate as determined by the authority.

(5) Bonds may be sold by the authority at public or private sale at the price the authority determines and approves.

(b)(1) Bonds may be secured by a trust indenture between the authority and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company doing business in this state. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the authority in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the authority to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. All expenses incurred in performing the obligations of the authority under the trust indenture may be treated as part of its operating expenses.

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

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

b. Pledging specific assets of the authority, including loan obligations owned by the authority to secure the payment of the bonds.

c. The use and disposition of the gross income from, and payment of the principal of, and interest on loan obligations owned by the authority or held by an indenture trustee.

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

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

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

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

h. Limitations on the amount of money to be expended by the authority for its operating expenses.

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

j. Defining the acts or omissions that constitute a default, the obligations or duties of the authority to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default, including as a matter of right the appointment of a receiver, and all other rights generally available to creditors.

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

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

(c)(1) Any pledge made by the authority to secure its obligations with respect to bonds or other financial assistance is valid and binding from the time the pledge is made. The revenue, money, or property pledged and received by the authority is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice of the pledge.

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

(d) The authority, subject to agreements with bondholders as may then exist, may purchase outstanding bonds of the authority with any available funds, at any reasonable price. If the bonds are then redeemable, the price shall not exceed the redemption price then applicable plus accrued interest to the next interest payment date.

(e) Bonds of the authority shall be in a form and shall be executed in a manner prescribed by the authority.

(f) If any of the directors or officers of the authority cease to be directors or officers before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.

(g) Subsequent amendments to this article may not limit the rights vested in the authority with respect to any agreements made with, or remedies available to, the holders of bonds issued under this article before the enactment of the amendments until the bonds, with all premiums and interest on them, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully satisfied and discharged.

(h) Notwithstanding the exemptions provided in Sections 41-10-28 and 41-10-44.13, any bonds issued by the authority under this article, the transfer of bonds, and the income from them, are free from taxation and assessment of every kind by the state and by the local governments and other political subdivisions of the state.

(i)(1) The bonds issued by the authority are legal investments in which all public officers or public bodies of the state and its political subdivisions; all municipalities and political subdivisions; all insurance companies and associations and other persons carrying on insurance business; all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the state, may invest funds in their control or belonging to them.

(2) The bonds of the authority are also securities which may be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may later be required by law.

(j)(1) The granting of other financial assistance by the authority shall be authorized by a resolution of the authority.

(2) The authority may execute instruments and enter into financing agreements, including, without limitation, a trust indenture between the authority and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company doing business in this state, containing the terms and conditions as the authority shall determine in connection with the provision of other financial assistance and securing its obligations with respect to other financial assistance.

(3) The authority may pledge any of its revenues or funds to the payment of other financial assistance provided by the authority, subject to any prior pledges for outstanding bonds or other financial assistance of the authority. Other financial assistance may be secured by a pledge of any loan obligation owned by the authority or held by an indenture trustee, any grant, contribution, or guaranty from the United States of America, the state, or any corporation, association, institution, or person, any other property or assets of the authority, or a pledge or grant of a security interest in or any money, income, or revenue of the authority from any source.

(k) Neither the authority, nor any member, officer, employee, or committee of the authority acting on behalf of it, while acting within the scope of authority granted by this article, is subject to any liability resulting from carrying out any of the powers given in this article, unless the officer or employee acted in an unreasonable or reckless manner.
Ala. Code § 41-9-166 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-166
Section 41-9-166 Adoption, Etc., of Building Codes by Municipalities and Counties
Status: in_force

Any municipality in the State of Alabama may adopt any model building code published by the Southern Building Code Congress International and the National Electrical Code published by the National Fire Protection Association as a municipal ordinance, enlarging the applicability thereof to include private buildings and structures other than private schoolhouses, hotels, public and private hospitals, and moving picture houses as it deems necessary and to prescribe penalties for violations thereof in the same manner in which other ordinances and related penalty provisions are adopted and prescribed.

Any county commission similarly may adopt and enlarge the applicability of any model building code published by the Southern Building Code Congress International and the National Electrical Code published by the National Fire Protection Association for the county, prescribing penalties for violations thereof, by resolution duly recorded in its minutes and, after notice of four weeks, by publication once weekly in some county newspaper, if there is one published in the county, and by posted notices at the door of each courthouse in the county.

Changes in the provisions of the building code effected by the Construction Management Division of the Department of Finance may be adopted similarly by counties and municipalities.

No county or municipality shall apply the building code to state buildings and construction of public schoolhouses.

Model building codes adopted by a county or municipality pursuant to this section shall only apply to structures and facilities on the customer’s side of the electric meter and shall not apply to any electric power generation, transmission, or distribution facilities on the electric service provider’s side of the electric meter.

Nothing contained in this section shall be construed as requiring the advertising or posting of the code itself. The provisions of this section shall be satisfied by giving of notice that it is proposed to adopt a code.
Ala. Code § 41-5A-18 — Alabama Code / Title 41 / Chapter 5A / Section 41-5A-18
Section 41-5A-18 Legislative Committee on Public Accounts - Reports
Status: in_force

The Legislative Committee on Public Accounts shall report its findings and recommendations concerning the work of the Department of Examiners of Public Accounts to the Senate and House of Representatives at each session of the Legislature and to the Governor.
Ala. Code § 41-29-364 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-364
Section 41-29-364 Office of Education and Workforce Statistics
Status: in_force

(a) The Office of Education and Workforce Statistics is established within the Department of Commerce to manage the activities of the system on behalf of the council. The office shall be an authorized representative for partner entity data. The director shall serve at the pleasure, and shall perform functions as provided by rule, of the council and approved by the Secretary of Commerce.

(b) In the event of a data breach, the office shall comply with Chapter 38 of Title 8, the Alabama Data Breach Notification Act of 2018.

(c) No member of, or designee appointed to, the council or any standing or ad hoc committee of the council may vote or otherwise participate in any discussion or debate on any matter before the council in which he or she, or an immediate family member, has a direct personal or pecuniary interest. A member or designee shall notify the chair of the council in writing of any conflict of interest.
Ala. Code § 41-9-202.1 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-202.1
Section 41-9-202.1 Project Notification; Applications
Status: in_force

Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-3.
Ala. Code § 41-9-47 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-47
Section 41-9-47 Reports to Governor and Legislature
Status: in_force

The council shall make an interim report to the Governor and the Legislature not later than the thirtieth legislative day of the 1967 Regular Session of the Legislature and from time to time thereafter.
Ala. Code § 41-4-140 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-140
Section 41-4-140 Prequalification of Prospective Suppliers
Status: in_force

Prospective suppliers may be prequalified for particular types of supplies or services. The method of submitting prequalification information and the information required in order to be prequalified shall be determined by the Chief Procurement Officer.
Ala. Code § 41-9-45 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-45
Section 41-9-45 Duties of Council Generally
Status: in_force

The duties of the council shall be:

(1) To stimulate and encourage throughout the state the study and presentation of the performing and fine arts and public interest and participation therein;

(2) To make such surveys as may be deemed advisable of public and private institutions engaged within the state in artistic and cultural activities, including, but not limited to, music, theatre, dance, painting, sculpture, architecture, and allied arts and crafts and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;

(3) To take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of our state and to expand the state’s cultural resources; and

(4) To encourage and assist freedom of artistic expression essential for the well-being of the arts.
Ala. Code § 41-16-122 — Alabama Code / Title 41 / Chapter 16 / Section 41-16-122
Section 41-16-122 Authority of Division
Status: in_force

(a) The division shall be authorized to collect fees for transfer, handling, shipping, classification, warehousing, bidding, destruction, scrapping, or other disposal of property and such other fees as may be deemed appropriate in order to insure the continued efficient operation of the surplus property function of the department.

(b) The division shall be exclusively authorized to receive donated federal surplus property from any source, including the General Services Administration (GSA), for distribution following required federal guidelines in the same manner as state surplus property. The division shall also be exclusively authorized to purchase GSA property of any nature including, but not limited to, vehicles of any type for resale.

(c) The division shall establish three accounts within the State Treasury for the operation of the surplus property function as follows:

(1) The first account shall be known as the Federal Surplus Property Account into which all moneys received from the distribution of federally donated surplus property shall be deposited;

(2) The second account shall be known as the State Surplus Property Account into which all moneys received from the distribution of state owned surplus property and any funds appropriated from the State General Fund for the operation of the surplus property function shall be deposited.

(3) The third account shall be known as the Surplus Federal Property Inventory Purchase Account into which moneys received by the division from the sale and distribution of surplus federal and state property and deposited into the Federal Surplus Property Account or the State Surplus Property Account may be transferred and deposited as approved by the director, and the moneys from which account shall be used for the purchase of surplus federal property for resale within the State of Alabama, as established by the division and set out in its published rules. This account shall not be subject to appropriation spending restrictions but shall be a perpetual inventory account. Initial moneys to establish this account shall be deposited from such other department moneys as approved by the director. Transfers of moneys may be made from time to time, with approval of the director, between this account and the Federal Surplus Property Account, and between this account and the State Surplus Property Account, subject to the needs of each account.

(d) Any moneys deposited into any of the three aforementioned surplus property accounts may be expended from time to time by the department for operation of the surplus property function including, but not limited to, repairs, salaries, rent, travel, acquisition of exchange and surplus property, and all other necessary operating expenditures providing, however, that on September 30 any unencumbered moneys remaining in the State Surplus Property Account, up to an amount equal to the operating expenses of the quarter ending on September 30, shall be set aside for use during the quarter beginning October 1 for the purposes heretofore stated and any remainder shall revert to the State General Fund. The Federal Surplus Property Account and the Surplus Federal Property Inventory Purchase Account shall be perpetual accounts, and funds therein shall not revert to the State General Fund.
Ala. Code § 41-8A-4 — Alabama Code / Title 41 / Chapter 8A / Section 41-8A-4
Section 41-8A-4 Powers and Duties of Director
Status: in_force

(a) The ALEPA Director shall:

(1) Supervise and be responsible for the administration of the policies established by the state supervisory board in accordance with the Safe Streets Act and LEAA regulations and guidelines.

(2) Establish, consolidate or abolish any administrative subdivision within the Alabama Law Enforcement Planning Agency and appoint and remove for cause the heads thereof, and delegate appropriate powers and duties to them.

(3) Establish and administer programs and projects for the operation of ALEPA.

(4) Appoint and remove employees of ALEPA as provided by law and delegate appropriate powers and duties.

(5) Make rules and regulations for the management and the administration of policies of ALEPA and the conduct of employees under his jurisdiction.

(6) Collect, develop, and maintain statistical information, records, and reports as the state supervisory board may determine relevant to the functions of ALEPA.

(7) Execute and carry out the provisions of all contracts, leases, and agreements authorized by the state supervisory board with agencies of federal, state or local governments, corporations or persons.

(8) Perform such additional duties as may be assigned to him or her by the state supervisory board, the chairperson of the board, the Governor, or by law.

(b) The ALEPA Director is authorized to accept block grants, discretionary grants, or any other funds from the federal government or state government as pertains to law enforcement and the criminal justice system, including juvenile justice and juvenile delinquency prevention, or any other federal grant designated by the Governor.

(c) The ALEPA Director shall have the authority to administratively reject any subgrant application which is not in compliance with the state comprehensive plan, the state supervisory board policy directives, the Safe Streets Act or LEAA requirements or is incorrect in regard to fiscal computations, and if no funds are available under the program area for which applied.
Ala. Code § 41-23-2 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-2
Section 41-23-2 Implementation of Duties and Functions by Employees in Classified Service; Salaries
Status: in_force

Present employees in the classified service of the state Merit System within each agency transferred in Section 41-23-1 whose job classifications are not abolished hereinafter, shall continue with the Department of Economic and Community Affairs in such functions deemed necessary to carry out the duties and responsibilities of the Department of Economic and Community Affairs. Other employees necessary to implement the duties and functions of the Department of Economic and Community Affairs may be employed subject to the provisions of the state Merit System laws and shall be entitled to the same rights and benefits thereunder. Salaries set for such employees shall not exceed the salary set by law for executive department heads.

Nothing herein shall be construed to prevent or preclude the removal of an employee in a manner provided by this article, or for cause in a manner provided by law.
Ala. Code § 41-27-46 — Alabama Code / Title 41 / Chapter 27 / Section 41-27-46
Section 41-27-46 Disposition of Funds
Status: in_force

All civil penalties collected pursuant to this article, after the collection, shall be deposited in the Highway Traffic Safety Fund on a monthly basis. After the deduction of the actual and necessary expenses of administering this article, the net proceeds shall be distributed as follows:

(1) 33 1/3 percent shall be deposited in the Motor Vehicle Replacement Fund of the agency.

(2) 60 1/3 percent shall be deposited in the Highway Traffic Safety Fund. One-third of this amount shall be used to improve communications for first responders and two-thirds of this amount shall be used to hire additional state troopers.

(3) 6 1/3 percent shall be deposited in the Alabama Peace Officers’ Annuity and Benefit Fund as authorized by Section 36-21-66.
Ala. Code § 41-4-300 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-300
Section 41-4-300 Division Created
Status: in_force

There shall be created within the Department of Finance the Division of Risk Management.
Ala. Code § 41-9-372 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-372
Section 41-9-372 Meetings; Officers
Status: in_force

The commissioners shall meet at least once every two years and shall elect one of their number as chair and another as secretary, who shall hold their respective offices for a term of two years and until their successors are elected.
Ala. Code § 41-4-56 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-56
Section 41-4-56 Evidence Required for Payment from Contingent Funds
Status: in_force

No money shall be paid out of any contingent fund, except upon account stated, setting forth the items upon which payment is claimed, signed by the proper person, with such authentication as the Governor may require of the correctness of the same.
Ala. Code § 41-10-543 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-543
Section 41-10-543 Application for Incorporation
Status: in_force

(a) To become the public corporation herein authorized, the Governor, the State Treasurer, and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth all of the following:

(1) The name, official designation, and official residence 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 applicant.

(3) The name of the proposed public corporation, which shall be “Alabama Incentives Financing Authority.”

(4) The location of the principal office of the proposed corporation, which shall be in the City of Montgomery.

(b) The applicants may also include in the application any other matters which are not inconsistent with this division or with any of the other laws of the state. The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the state to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he or she finds that it substantially complies with the requirements of this section, it shall be filed and recorded in an appropriate book of records in the office of the Secretary of State.
Ala. Code § 41-4-143 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-143
Section 41-4-143 Types of Contract
Status: in_force

(a) Subject to the limitations of subsection (b), any type of contract that will promote the best interests of the state may be used under this article.

(b)(1) The use of a cost-plus-a-percentage-of-cost contract is prohibited.

(2) A cost-reimbursement contract may be used only when a determination is made in writing that either of the following apply:

a. The cost-reimbursement contract is likely to be less costly to the state than any other type of contract.

b. It is impracticable to obtain the supplies or services required except under a cost-reimbursement contract.
Ala. Code § 41-14-31 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-31
Section 41-14-31 Maintenance of Money for Current Operational Expenses; Apportionment of Demand Deposits
Status: in_force

As much money as may be needed for current operational purposes of the state government, as determined by the State Treasurer in accordance with procedures prescribed by Section 41-14-32 and with the approval of the Governor, shall be maintained at all times in the State Treasury in cash or in demand deposits with state depositary banks.

The State Treasurer shall apportion such demand deposits among state depositaries, giving preference to banks that are located in Alabama and giving due consideration to the activities of the various banking accounts maintained therein, the reasonable value of the banking services rendered or to be rendered the state by depositary banks, and giving first priority to the value and importance of such deposits to the economy of the communities and the various areas of the state to be affected thereby, as indicated by the loan to deposit ratio.
Ala. Code § 41-10-406 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-406
Section 41-10-406 Dissolution of Authority; Title to Property of Authority to Rest in State Upon Dissolution of Authority
Status: in_force

At any time when the incorporators named in Section 41-10-393 determine that the services provided by the authority are no longer of benefit to the entities served by the authority and that all obligations of the authority have been paid in full, the authority may be dissolved upon the filing with the Secretary of State of a written statement for dissolution, which shall be subscribed by each of the incorporators of the authority and which shall be sworn to by each such incorporator before an officer authorized to take acknowledgements to deeds. Upon the filing of said written statement for dissolution, the authority shall cease and any property or other asset owned by it at the time of dissolution shall pass to the State of Alabama exclusively for purposes of Section 501(c)(3) of the Internal Revenue Code. The Secretary of State shall file and record the written statement for dissolution in an appropriate book of record in his or her office and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved, and shall record the said certificate with the written statement for dissolution.
Ala. Code § 41-8-5 — Alabama Code / Title 41 / Chapter 8 / Section 41-8-5
Section 41-8-5 Powers and Duties of Public Library Service Generally
Status: in_force

(a) The Alabama Public Library Service shall give advice to all free public, regional, municipal, and county libraries and to all communities in the state which may propose to establish public libraries, in the manner provided in this article, as to the best means of establishing and administering such Public Library Service, selecting and cataloging books and other details of library management and may send any of its staff to aid in organizing such libraries or to assist in the improvement of those already established. The service may advise as to the proper qualifications of librarians of free public, regional, municipal and county libraries and shall perform such other services consistent with and in furtherance of the purpose of this article as shall from time to time appear feasible. Moreover, the service shall advise as to arrangements as provided in Section 11-90-4, by which local governmental agencies may combine in the establishment of joint units of library service. The service may receive and shall administer all funds, books, or other property from whatever source, under such conditions as may be deemed necessary in order to carry out the purpose of this article; and, by the use of such means and methods as circumstances warrant, the service may acquire and operate traveling libraries, and circulate or loan such books and libraries among communities, libraries, library associations, social and civic clubs and organizations, and other public agencies and institutions under such conditions and rules as the board deems necessary in order to protect the interests of the state and to increase the efficiency and promote the extension of public library service throughout the state.

(b) The Alabama Public Library Service, through its board, shall have the authority to make exceptions in their criteria for receiving state aid as they relate to educational requirements and hours of operation.
Ala. Code § 41-9-1037 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-1037
Section 41-9-1037 Jurisdiction of Commission
Status: in_force

The commission shall have jurisdiction over any match, contest, or exhibition of professional boxing, professional bare knuckle boxing, tough man contests, professional wrestling, amateur mixed martial arts, professional mixed martial arts, or other form of unarmed combat which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state.
Ala. Code § 41-6-100 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-100
Section 41-6-100 Definitions
Status: in_force

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

(1) NHPRC. The National Historical Publications and Records Commission is a federal statutory body affiliated with the United States National Archives and Records Administration. It provides grant funds for a wide range of activities to preserve, publish, and encourage the use of documentary sources relating to the history of the United States.

(2) AHRC. The Alabama Historical Records Coordinator is designated as the full-time professional official in charge of the Alabama Department of Archives and History and is the central coordinating officer for the NHPRC historical records grant program in the state.
Ala. Code § 41-9-922 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-922
Section 41-9-922 Composition, Terms of Members, Etc
Status: in_force

(a) The board shall be composed of 11 members: One member shall be appointed by the President of Auburn University, one member shall be appointed by the Director of the Alabama Department of Archives and History, one member shall be appointed by the Commissioner of the Alabama Department of Agriculture and Industries, one member shall be appointed by the President of Tuskegee University, one member shall be appointed by the President of Alabama A & M University, and six members shall be appointed by the Governor, to be selected from a list of 20 individuals submitted by the Dothan Landmarks Foundation.

(b) Terms of members serving on the initial board shall be: 3 shall serve a two-year term, 3 shall serve a three-year term, and 3 shall serve a four-year term, determined by lot. Thereafter, all shall serve a four-year term, including those members appointed pursuant to Act 2000-672.
Ala. Code § 41-16A-6 — Alabama Code / Title 41 / Chapter 16A / Section 41-16A-6
Section 41-16A-6 Proprietary Function Contracting Not Restricted
Status: in_force

Nothing in this chapter shall restrict governmental entities from executing contracts arising out of their proprietary functions.
Ala. Code § 41-9-650.4 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-650.4
Section 41-9-650.4
Status: in_force

(a) As part of the Alabama Background Check Service, ALEA may establish the Alabama Rap Back Program. If established, ALEA shall participate in the FBI’s Next Generation Identification (NGI) Rap Back Service. The purpose of the rap back service is to allow ALEA to notify participating entities when an enrolled individual is the subject of a rap back notification event, including, but not limited to, being arrested for or convicted of an offense.

(b) As used in this section, the following words have the following meanings:

(1) INDIVIDUAL. Any individual who has undergone a fingerprint-based background check in order to care for children, the disabled, or the elderly, to be licensed or certified, to perform volunteer service, or for any other FBI or federally authorized purpose with a participating entity and who has been enrolled by that participating entity in the Alabama Rap Back Program.

(2) PARTICIPATING ENTITY. An entity with statutory authority to require an individual to undergo a fingerprint-based background check as a condition to care for children, the disabled, or the elderly, to be licensed or certified, to perform volunteer service, or for any other FBI or federally authorized purpose and which has elected to enroll those individuals in the Alabama Rap Back Program.

(c) ALEA may submit fingerprints and accompanying records to the FBI to be retained in and advised through the FBI’s NGI Rap Back Service when an enrolled individual is arrested for or convicted of a criminal offense. Fingerprints submitted to the FBI may be used for future searches, including latent searches.

(d) ALEA shall ensure that notification is made to the participating entity that enrolls an individual in the Alabama Rap Back Program when an FBI Rap Back report notification is received. The information contained in the notification shall be used by the participating entity for purposes of determining the eligibility of the continued service of the individual and shall not be further disseminated.

(e) ALEA shall adopt rules governing the operation and maintenance of the Alabama Rap Back Program and the removal and destruction of records on individuals who are deceased or who are no longer individuals as defined in this section. The rules shall provide that a participating entity shall disenroll any individual who is deceased or is no longer an individual as defined in this section within five business days of death or such event that no longer requires the individual to be enrolled in the Alabama Rap Back Program to ensure the prompt removal and destruction of records from the Alabama Rap Back Program.

(f) ALEA may assess an annual fee not to exceed twelve dollars ($12) per individual enrolled in the Alabama Rap Back Program. The fee shall be paid by the participating entity enrolling an individual in the Alabama Rap Back Program. When more than one participating entity enrolls the same individual in the Alabama Rap Back Program, both participating entities shall be responsible for paying the full cost for maintenance and notification. Any fees collected shall be deposited in the State Treasury to the credit of the Public Safety Fund. Such monies shall be used for the purposes of ALEA CJIS and for other ALEA expenses as determined by the secretary.

(g) No participating entity authorized to submit fingerprints shall be considered negligent per se in a civil action solely because the entity elected not to enroll an individual in the Alabama Rap Back Program pursuant to this section.

(h) Prior to enrolling an applicant in the Alabama Rap Back Program, a participating entity shall ensure the applicant receives notice and access to documentation informing the applicant that his or her fingerprints shall be retained for the purpose of providing the participating entity notification of any subsequent modifications to the applicant’s criminal history record.

(i) ALEA may establish an in-state rap back service for any person or entity that does not qualify to receive information from the FBI Rap Back service but that has authority to require a state-only background check.
Ala. Code § 41-4-412 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-412
Section 41-4-412 Alabama Construction Industry Craft Training Program; Craft Training Board
Status: in_force

(a) It is the intent of the Legislature to establish and provide for a coordinated effort between the construction industry and institutions of higher education and other entities, including, but not limited to, union training programs, to enhance the availability and quality of programs which promote construction industry craft training and education, and thereby enhance the availability and competence of the work force for supporting the industry.

(b) In order to provide for efficient, competent, and resourceful construction industry craft training programs that will deliver the knowledge and skills necessary for persons to learn and meet the skill requirements for a craft and career in the construction industry trades and thereby enhance the development of a quality labor pool to support the construction industry of this state, there is established within the Division of Construction Management of the Department of Finance, a program to be known as the Alabama Construction Industry Craft Training Program. The program shall be managed and governed by the Craft Training Board which shall consist of seven members selected as follows:

(1) Two voting members appointed by the Governor from a list of six members, or member representatives, of the Associated Builders and Contractors of Alabama, Incorporated, or its successor, submitted to the Governor by the Associated Builders and Contractors of Alabama, Incorporated.

(2) Two voting members appointed by the Governor from a list of six members, or member representatives, of the Associated General Contractors of America, Incorporated, or its successor, submitted to the Governor by the Associated General Contractors of America, Incorporated.

(3) One voting member appointed by the Governor from a list of three members, or member representatives, of the Subcontractors Association of Alabama, or its successor, submitted to the Governor by the Subcontractors Association of Alabama.

(4) One voting member appointed by the Governor from a list of three members, or member representatives, of the Birmingham Construction Industry Authority, or its successor, submitted to the Governor by the Birmingham Construction Industry Authority.

(5) One voting member to be appointed by the Governor from a list of three members, or member representatives, of the Construction Users Roundtable, or its successor, submitted to the Governor by the Construction Users Roundtable.

(c) When a craft training board member resigns or otherwise relinquishes membership in the organization that recommended his or her appointment by the Governor, the resignation or relinquishment shall automatically result in forfeiture of membership on the board. Any vacancy on the board shall be filled by appointment by the Governor upon the recommendation of the relevant organization for the remainder of the unexpired term.

(d) Each board member of the Craft Training Board shall serve for a term of three years or until a successor is appointed, qualified, and assumes office. The terms of all board members serving on March 8, 2018, shall expire October 15, 2018. Board members shall be eligible for reappointment, but shall not serve more than two consecutive terms. All board members appointed to fill terms beginning October 16, 2018, shall serve staggered terms as follows: Two board members shall be appointed to serve a term of one year expiring October 15, 2019; two board members shall be appointed to serve a term of two years expiring October 15, 2020; and three board members shall be appointed to serve a term of three years expiring October 15, 2021. All board members appointed to the board thereafter shall be appointed for a term of three years. At the first meeting, the board shall elect its chair and officers. Thereafter, the board shall determine its meeting schedule. The board shall meet at least quarterly. No member shall draw any salary for any service he or she may render or for any duty he or she may perform in connection with the board, but shall be entitled to reimbursement of reasonable expenses incurred that are directly related to the duties in serving as a member of the board. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural and economic diversity of the state. The board may also appoint geographically oriented advisory committees and invite local employers and employees in the construction industry to relate specific labor force problems that may be solved by the craft training program. The advisory committees may be composed of individuals who are not craft training board members.

(e) In addition to any other power established pursuant to this part, the craft training board shall have the following powers to be exercised in its discretion:

(1) To develop curricula for use in craft training programs.

(2) To establish forms, criteria, guidelines, and procedures regarding construction industry craft training programs and procedures to be used in requesting appropriations of funds from the Craft Training Fund.

(3) To solicit and receive from institutions of higher education and other entities, including, but not limited to, union training programs, applications for use of monies in the Craft Training Fund, to be used in the implementation of craft training programs and in accordance with this part.

(4) To disburse funds from the Craft Training Fund consistent with this section and which the Craft Training Board deems appropriate and under such conditions and terms as the Craft Training Board deems appropriate.

(5) To provide grants to educational, governmental, nonprofit, community-based, workforce development, economic development, and other organizations and associations engaged in the education, training, and professional development of persons engaged in activities leading to the furtherance of careers in nonresidential construction in accordance with the purposes of this part and which the Craft Training Board deems appropriate, and under such conditions and terms as the Craft Training Board deems appropriate.

(f) The Craft Training Board shall have exclusive control over the expenditure of all funds in the Craft Training Fund, as well as the exclusive authority to exercise the powers specifically listed in subsection (e). A majority of the members of the Craft Training Board shall constitute a quorum for the transaction of any and all business of the Craft Training Board. The director, technical staff, and support personnel of the Division of Construction Management of the Department of Finance shall implement the resolutions and decisions of the Craft Training Board. The Craft Training Board shall be responsible for reimbursing the Division of Construction Management of the Department of Finance, from the Craft Training Fund the costs it incurs in order to administer the program.
Ala. Code § 41-9-810 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-810
Section 41-9-810 State Park or Museum Not Authorized by Article
Status: in_force

Nothing in this article shall be construed to grant authority to establish a state park or museum.
Ala. Code § 41-28-18 — Alabama Code / Title 41 / Chapter 28 / Section 41-28-18
Section 41-28-18 Exemption of Legislative and Judicial Branches
Status: in_force

The legislative and judicial branches of government are exempt from the requirements of this chapter, except under terms and conditions mutually agreed to in writing between the office and the branch of government.
Ala. Code § 41-23-193 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-193
Section 41-23-193 Creations; Functions; Fee
Status: in_force

(a) The Alabama Public Transportation Trust Fund is created in the State Treasury for the distribution of designated funds appropriated by the Legislature or collected from grants or other sources for the purpose of increasing public transportation options across the State of Alabama. The trust fund shall be maintained and administered by the department.

(b) The department shall do all of the following in maintaining and administering the trust fund:

(1) Invest and reinvest all money held in the trust fund in investments under the department’s investment policies.

(2) Keep books and records relating to the investment, interest earnings, and uses of monies deposited into the trust fund.

(3) Establish procedures for the withdrawal, allocation, and use of the monies held in the trust fund for the purposes described in Section 41-23-194.

(4) Publish, on an annual basis, criteria for determining the distribution of monies from the trust fund.

(5) Conduct an annual independent audit of the trust fund.

(6) Prepare, in collaboration with the advisory committee, an annual performance report, which shall be provided to the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the Senate, outlining the use of the trust fund monies, including, but not limited to, the trust fund’s success in meeting its intended purposes.

(7) Conduct or hire an outside entity to conduct a statewide public transportation needs assessment once every five years to inform the department, the director, and the advisory committee of the public transportation needs in Alabama. The assessment should include evaluating transportation needs for individuals with disabilities, low-income and rural populations, and the elderly.

(8) Enter into contracts and agreements in connection with the operation of the trust fund, including contracts and agreements with federal agencies, local governmental entities, community developers, and other persons and not-for-profit groups. This provision shall not authorize contracts and agreements with for-profit entities.

(9) Engage in ongoing efforts to increase funding sources for the trust fund, including any additional ongoing state-dedicated funding source.

(c) The department shall seek the input of the advisory committee, but the director shall have final decisionmaking authority on all matters relating to the trust fund and programs administered pursuant to this article.

(d) The department shall be paid periodically a reasonable fee from amounts deposited to the trust fund to reimburse it for its services in administering the fund. On an annual basis, the department may not be paid in excess of 10 percent of the total annual deposits to the trust fund.
Ala. Code § 41-10-633 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-633
Section 41-10-633 Notice and Hearing Not Required
Status: in_force

Except as may be expressly provided in this division, no proceeding, notice, or approval shall be required for the issuance of any bonds by the authority, the execution of any mortgage and deed of trust, trust indenture, or other document, or the exercise of any other of the powers of the authority. Neither a public hearing nor the consent of the Department of Finance shall be prerequisite to the issuance of bonds by the authority.
Ala. Code § 41-10-724 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-724
Section 41-10-724 Alabama Construction Recruitment Institute - Board of Directors
Status: in_force

(a) All powers of the institute shall be exercised by or under the authority of, and the business and affairs of the institute shall be managed and governed, under the direction of, a board of directors, constituted as provided for in this section.

(b) The board of directors shall consist of six voting members selected as follows:

(1) One member to be appointed by the Governor upon nomination and submission by the Construction Users Roundtable, or its successor organization.

(2) One member to be appointed by the Lieutenant Governor upon nomination and submission by the Alabama State Construction Building Trades, or its successor organization.

(3) Two members to be appointed by the Speaker of the House as follows: One upon nomination and submission by the Alabama Associated General Contractors, or its successor organization, and one upon nomination and submission by the Alabama Road Builders Association, or its successor organization.

(4) Two members to be appointed by the President Pro Tempore of the Senate as follows: One upon nomination and submission by the Alabama Associated Builders and Contractors, or its successor organization, and one upon nomination and submission by the Subcontractors Association of Alabama, or its successor organization.

(5) The membership of the board of directors and employees and contractors of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural and economic diversity of the state. All appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(c) All initial members of the board shall be appointed as provided in subsection (b) within 30 days of May 18, 2009. Members of the board of directors shall be selected for four-year terms expiring on June 30 four years thereafter and shall serve until a successor is appointed by the Governor, Speaker of the House, President Pro Tempore of the Senate, or Lieutenant Governor, as appropriate, pursuant to the same selection method described in subsection (b). Any vacancy on the board of directors shall be filled in the same manner within 45 days of the vacancy by appointment by the Governor, Speaker of the House, President Pro Tempore of the Senate, or Lieutenant Governor, as appropriate. Each director shall reside within the State of Alabama. Directors may be reappointed for successive terms. No director shall draw any salary for any service he or she may render or for any duty he or she may perform in connection with the institute, but shall be entitled to the reimbursement of reasonable expenses incurred that are directly related to the duties in serving as a member of the board. No director shall continue to serve as a member of the board after ceasing to be an active member of the respective recommending organization from whose list the appointment was initially made as provided in subsection (b).

(d) A director may or shall be removed from the board of directors as follows:

(1) If, for any reason, other than an illness which shall be documented in writing to the institute by a physician, a director is absent for more than 25 percent of scheduled board meetings during the fiscal year of the institute, the director may be removed by a unanimous vote of the other five directors.

(2) A director may be removed, with or without cause, by vote of the respective recommending organization from whose list the appointment was initially made.

(3) If a director is found guilty by a court of competent jurisdiction of willful or wanton misconduct, fraud, gross negligence, or a knowing violation of a criminal law, the director shall be automatically removed and shall cease to serve as a member of the board.

(e) The first organizational meeting of the board shall be held within 30 days following the appointment of all of the directors. At the organizational meeting, the board shall elect officers of the board from among its members. Officers of the board shall serve for the terms and shall have the powers and duties as the board by rule may prescribe.

(f) The presence of all members of the board of directors shall constitute a quorum for the transaction of business. Action of the board may only occur with unanimous approval of all members of the board.

(g) All resolutions adopted by the board of directors shall constitute actions of the institute. All proceedings of the board shall be reduced to writing by the secretary and shall be recorded in a substantially bound book and filed in the office of the institute. Copies of such proceedings, when certified by the secretary of the institute under the seal of the institute, shall be received in all courts as prima facie evidence of the matters and things therein certified. The board of directors of the institute shall meet at such times upon such notice as it shall determine or upon call of the chair.

(h) The institute shall have the authority through its board to disburse funds appropriated to the fund for the purposes stated in this article.
Ala. Code § 41-10-273 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-273
Section 41-10-273 Security for Bonds; Collection and Application of Revenues Pledged to Payment of Bonds; Terms of Leases of Judicial Facilities; Maintenance and Insurance of Judicial Facilities; Reserve and Other Funds; Rights of Holders of Bonds Upon Default
Status: in_force

Any resolution of the board of directors authorizing the issuance of bonds may contain any provision or agreement customarily contained in instruments securing evidences of indebtedness, including, without limiting the generality of the foregoing, a pledge, transfer or assignment of any leases of any judicial facilities out of the revenues from which such bonds are payable and a pledge of such revenues. Any such resolution may also contain provisions respecting the collection and application of any revenues pledged to the payment of the authority’s bonds, the terms to be incorporated in lease agreements respecting judicial facilities out of the revenues from which such bonds are payable, the maintenance of and insurance on such judicial facilities, the creation and maintenance of reserve and other special funds from such revenues or from the proceeds of the authority’s bonds, and the rights and remedies available in the event of default to the holders of the bonds, all as the authority may deem advisable and as shall not be in conflict with the provisions of this article. If there be any default by the authority in the payment of the principal of or interest on the bonds or in any of the agreements on the part of the authority which may properly be included in any resolution in which any of the bonds are authorized to be issued, any holder of any of the bonds may either at law or in equity, by suit, action, mandamus, or other proceeding, enforce payment and compel performance of all duties of the board of directors and officers of the authority, and shall be entitled, as a matter of right and regardless of the sufficiency of any such security or the availability of any other remedy, to the appointment of a receiver in equity with all the power of such receiver for the maintenance, insurance, and leasing of the judicial facilities covered by such resolution and the collection and application of such revenues; provided, however, that no such resolution shall grant any lien subject to foreclosure, nor shall such resolution be construed so as to compel the sale of any of the judicial facilities of the authority in satisfaction of the bonds secured thereby. Any such resolution may contain provisions regarding the rights and remedies of the holders of the bonds and may contain provisions restricting the individual rights of action of the holders of the bonds.
Ala. Code § 41-10-265 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-265
Section 41-10-265 Members, Directors and Officers of Authority; Quorum; Vacancies; No Additional Salary for Service to Authority; Effect of Resolutions; Record of Proceedings; Establishment of Legislative Oversight Committee
Status: in_force

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the chair of the authority, the Chief Justice shall be the vice chair of the authority, and the Director of Finance shall be the secretary of the authority. The State Treasurer shall be the treasurer of the authority but shall not be a member of the authority. The authority, at its option, may appoint an assistant secretary who shall not be a member of the authority. The members of the authority shall constitute all the members of the board of directors of the authority, which shall be the governing body of the authority. The presence of any three members of the said board of directors shall constitute a quorum for the transaction of business. No vacancy in the membership of the board of directors or the voluntary disqualification or abstention of any member thereof shall impair the right of a quorum of the board of directors to act. Should any person holding any state office named in this section cease to hold such office by reason of death, resignation, expiration of his or her term of office, or for any other reason, then his or her successor in office shall take his or her place as a member, officer, or director, as the case may be, of the authority. No member, officer, or director of the authority shall draw any salary in addition to that now authorized by law for any service he or she may render or for any duty he or she may perform in connection with the authority. All resolutions adopted by the board of directors shall constitute actions of the authority, and all proceedings of the board of directors shall be reduced to writing by the secretary or assistant secretary of the authority and shall be recorded in a substantially bound book and filed in the office of the Director of Finance. Copies of such proceedings, when certified by the secretary of the authority under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.

There shall be established a legislative oversight committee to provide consultation and advice to the board of directors concerning the efficient operation of the authority. The oversight committee shall consist of three members of the House of Representatives appointed by the Speaker of the House, at least one of which shall be a member of the Ways and Means Committee and one of which shall be a member of the House Judiciary Committee, and three members of the Senate appointed by the Lieutenant Governor, at least one of which shall be a member of the Committee on Finance and Taxation and one of which shall be a member of the Senate Judiciary Committee. After their initial appointment, the members of the oversight committee shall be named at each organizational session of the Legislature, and all members shall serve until their successors are properly qualified. All members of the oversight committee shall be entitled to their actual expenses incurred in the performance of their duties as members of the committee.
Ala. Code § 41-14-8 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-8
Section 41-14-8 Depositaries to Report Daily Deposits to Treasurer; Monthly Statements of Balance in Depositaries to Be Made to Treasurer, Governor, Etc
Status: in_force

Each state depositary shall report in writing at the close of each business day to the Treasurer the total amount of all sums placed therein for his or her account on that day, by whom made and for what purpose made.

At the end of each calendar month, a statement of the balance to the credit of the treasurer in such depositary shall be made by it to the Governor, Department of Finance and Treasurer.
Ala. Code § 41-10-48.16 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-48.16
Section 41-10-48.16 Construction of Article
Status: in_force

(a) This article, being for the welfare of this state and its inhabitants, shall be liberally construed to affect the purposes specified.

(b) In no event does this article authorize any electric provider to provide retail electric service except as permitted under the applicable provisions of Chapter 14 of Title 37. Nothing in this article is intended to amend, repeal, enlarge, or otherwise affect Chapter 14 of Title 37.
Ala. Code § 41-4-96 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-96
Section 41-4-96 Penalties for Violations of Article
Status: in_force

A willful and knowing refusal to perform any of the requirements of this article or a willful and knowing refusal to perform any rule or requirement or request of the Governor, Director of Finance, or the Budget Officer made pursuant to or under authority of this article by any trustee, commissioner, director, manager, building committee, or other officer or person connected with any department, board, bureau, commission, agency, office, or institution of the state shall subject the offender to a penalty of $250.00, to be recovered in an action instituted in the Circuit Court of Montgomery County by the Attorney General for the use of the State of Alabama and shall also constitute a misdemeanor, punishable by fine or imprisonment or both, in the discretion of the court, and shall subject such offender to dismissal from office by the person, department, board, bureau, commission, agency, office, or institution of the state under which such offender holds office or appointment in accordance with the provisions of the Merit System. If such offender is an officer elected by vote of the people, such offense shall be sufficient cause to subject the offender to impeachment. A refusal to perform any requirement of this article or an improper or illegal performance of any requirement of this article shall subject the Budget Officer or the Director of Finance to a penalty of $500.00, to be recovered in an action instituted in the Circuit Court of Montgomery County by the Attorney General for the use of the State of Alabama, and it shall also constitute a felony. A refusal to perform any of the requirements of this article or an improper or illegal performance of any requirement of this article by the Governor shall make him or her subject to impeachment.
Ala. Code § 41-23-170 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-170
Section 41-23-170 Authority Established. (Amended by Act 2026-324)
Status: in_force

AMENDED BY ACT 2026-324, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

There is hereby established the Alabama Space Authority.
Ala. Code § 41-6-4 — Alabama Code / Title 41 / Chapter 6 / Section 41-6-4
Section 41-6-4 Board of Trustees of Department - Vacancies; Terms of Office; Meetings; Officers; Compensation; Powers and Duties Generally
Status: in_force

(a) The board of trustees shall fill all vacancies occurring on the board, whether by expiration of term of service or by death or resignation, but the names of all successor members shall be communicated to the current session or the next ensuing regular session of the state Senate for confirmation. If the Senate rejects any successor trustee, the board shall proceed forthwith to fill the vacancy.

(b) A trustee appointed to succeed a member whose term has expired shall serve for a term of six years. A person appointed to fill a vacancy occurring by death or resignation shall only serve out the unexpired term of his or her predecessor. A person whose appointment to the board has been confirmed by the Senate shall serve beyond his or her expired term until a successor has been confirmed by the Senate.

(c) The board shall hold at the State Capital at least one regular meeting during every year and as many special meetings as may be necessary, and at any meeting a majority of the trustees shall constitute a quorum. The Governor of the state shall be a member of the board, and he or she shall, as far as possible, lend every encouragement to the success and upbuilding of the department. The director shall be the secretary of the board. The trustees shall receive no compensation for their services. Each member of the board of trustees shall be reimbursed at the same per diem and travel allowance amounts paid by law to state employees for each day of attendance of the business of the board.

(d) The board may:

(1) Adopt rules for its own government and also for the government of the department.

(2) Elect a director and provide for the selection or appointment of other officials or employees as may be authorized.

(3) Provide for the publication of historical material pertaining to the state under the supervision of the director.

(4) Control and expend such appropriations as may be made for the maintenance of the department.

(5) Perform such other acts as may be necessary to carry out the intent and purposes of this article.
Ala. Code § 41-29-4 — Alabama Code / Title 41 / Chapter 29 / Section 41-29-4
Section 41-29-4 Advisory Committees or Councils
Status: in_force

The Governor, in carrying out his or her responsibilities under this chapter, may establish advisory committees or councils and appoint the members thereof, who shall serve at his or her pleasure. Members shall serve without compensation. The Governor shall designate the chair and such other officers as he or she may deem necessary for each advisory committee or council. Advisory committees or councils established pursuant to this section shall meet at the call of their chairs or of the Secretary of Commerce.
Ala. Code § 41-4-156 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-156
Section 41-4-156 Printing of Acts and Resolutions in Pamphlet Form - Distribution to Certain Officers, Departments, Etc.; Certain Officers to Keep Pamphlets in Books until Acts Published in Permanent Form
Status: reserved

Repealed by Act 2009-763, p. 2310, §3, effective May 22, 2009.
Ala. Code § 41-14-16 — Alabama Code / Title 41 / Chapter 14 / Section 41-14-16
Section 41-14-16 Penalties for Violations of Provisions of Article
Status: in_force

Any state or county officer, or state depositary or agent thereof, who shall violate any of the provisions of this article shall be guilty of a misdemeanor and may, on conviction, be fined not more than $2,500.00; and, in addition to the fine, such state or county officer may be removed from office.
Ala. Code § 41-9-627 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-627
Section 41-9-627 Notice to Alabama State Law Enforcement Agency of Arrest Warrants Which Cannot Be Served; Notice When Warrant Served or Withdrawn; Report of Outstanding Warrants
Status: in_force

(a) All persons in this state in charge of criminal justice agencies shall submit to ALEA detailed descriptions of arrest warrants and related identifying data immediately upon determination of the fact that the warrant cannot be served for the reasons stated.

(b) If the warrant is subsequently served or withdrawn, the criminal justice agency concerned must immediately notify ALEA of the service or withdrawal.

(c) The agency concerned, no later than January 31 of each year and at other times if requested by the commission, shall confirm to ALEA all arrest warrants of this type which continue to be outstanding.
Ala. Code § 41-9A-3 — Alabama Code / Title 41 / Chapter 9A / Section 41-9A-3
Section 41-9A-3 Contract Requirements for Professional Services of Design Professionals
Status: in_force

(a) As used in this section, the term “design professional” means a person or entity who is licensed or authorized in this state to practice architecture, landscape architecture, surveying, engineering, interior design, or geology.

(b) A provision of a contract for the professional services of a design professional entered into after July 1, 2021, is void and unenforceable if it does any of the following:

(1) Requires the design professional to indemnify or hold harmless a contracting party, an indemnitee, or a third party against liability for damage other than liability for damage to the extent caused by, or in proportion to the extent the design professional participates in resolution of a claim based on, an act of negligence, recklessness, intentional tort, intellectual property infringement, or failure to pay a subconsultant or supplier that is committed by the design professional or the design professional’s agent, consultant under contract, or other entity for which the design professional is legally liable.

(2) Requires the design professional to defend a contracting party, an indemnitee, or a third party against a claim arising out of the rendering of or failure to render professional services by the design professional or its agents that is not otherwise covered by the design professional’s policy of professional liablity insurance.

(3) Requires the design professional to list a party or any other person or entity as an additional insured on the design professional’s policy of professional liability insurance.

(4) Subjects the design professional to a standard of care different than that provided under subsection (d).

(c) Nothing in this section voids a provision of a contract for the professional services of a design professional to the extent that it includes any or all of the following:

(1) A requirement that the design professional list an additional insured on the design professional’s general liability insurance policy, automobile liability insurance policy, or both, and provide coverage and any defense provided by those policies.

(2) A provision for the reimbursement of a contracting party’s or an indemnitee’s reasonable attorney fees, damages, losses, injuries, or other litigation costs in proportion to the design professional’s liability, or in proportion to the extent the design professional participates in resolution of a claim also made against the contracting party or indemnitee.

(3) A provision or requirement not otherwise in conflict with subsection (b).

(d)(1) A contract for the professional services of a design professional shall require the design professional to perform the services with the professional skill and care ordinarily provided by a competent design professional practicing under the same or similar circumstances and professional licenses as expeditiously as is prudent considering the ordinary professional skill and care of a competent design professional.

(2) If a standard of care provision in a contract differs from the skill and care required under subdivision (1), the standard of care provided in subdivision (1) shall apply.

(e)(1) Nothing in this section prohibits parties to a contract for professional services of a design professional from including and enforcing conditions that relate to the scope, fees, and schedule of a project that is subject to the contract, so long as the conditions are subject to the requirements of subsection (d).

(2) To the extent not otherwise prohibited by law, nothing in this section shall be interpreted to make a public awarding authority responsible for, or to authorize a design professional to include in a contract, any provision making the public awarding authority responsible for the design professional’s proportionate liability for negligence in rendering professional services or liability arising out of the design professional’s non-professional actions in connection with its performance for or on behalf of the public awarding authority.

(f) This section does not affect the validity of any existing insurance contract, workers’ compensation, or any agreement or coverage document issued by an insurer.

(g) Any provision of law to the contrary notwithstanding, this section may not be interpreted to alter or affect state joint and several liability law or workers’ compensation law.
Ala. Code § 41-14A-10 — Alabama Code / Title 41 / Chapter 14A / Section 41-14A-10
Section 41-14A-10 Safe Loss Payment Fund
Status: in_force

(a) In order to facilitate the administration of this chapter, there is created the SAFE Loss Payment Fund, which shall be held and administered by the State Treasurer, for the account of the SAFE Program, separate and apart from the State General Fund. The proceeds from the sale of securities pledged as collateral or from any assessment pursuant to Section 41-14A-9 shall be deposited into the Loss Payment Fund. The amounts on deposit in the Loss Payment Fund shall be disbursed as necessary in accordance with the provisions of this chapter in order to pay losses to public depositors and for such other purposes as may be expressly provided for in this chapter.

(b) The State Treasurer is authorized to pay any losses to public depositors from the Loss Payment Fund. The term “losses,” for purposes of this chapter, shall also include losses of interest or other accumulations to the public depositor as a result of penalties for early withdrawal required by applicable federal laws or regulations because of suspension or disqualification of a qualified public depository by the State Treasurer under the authority granted in this chapter or because of withdrawal from the SAFE Program in accordance with rules or regulations adopted by the board of directors pursuant to this chapter. In that event, the State Treasurer is authorized to assess against the suspended, disqualified, or withdrawing public depository, in addition to any amount authorized by any other provisions of this chapter, an administrative penalty equal to the amount of the early withdrawal penalty and to pay that amount over to the public depositor as reimbursement for such loss. Any money in the Loss Payment Fund estimated not to be needed for immediate cash requirements shall be invested in any securities or other investments selected by the State Treasurer that are permitted under Section 41-14-30. All interest and other earnings from the investment of assets of the Loss Payment Fund shall accrue to the Loss Payment Fund.
Ala. Code § 41-23-65 — Alabama Code / Title 41 / Chapter 23 / Section 41-23-65
Section 41-23-65 Use of Funds; Remuneration
Status: in_force

The committee may use funds for the purpose of implementing and administering this article.

Legislative members of the committee may receive their regular legislative compensation for attendance of committee meetings. Other committee members shall be entitled to per diem and mileage allowances in the same amount as state employees receive as per diem and mileage allowance.
Ala. Code § 41-4-115 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-115
Section 41-4-115 Public Record Status of Certain Procurement Information
Status: in_force

(a) Except as provided in subsection (b), procurement information is a public record to the extent provided by state law and shall be available to the public.

(b) Procurement information that is any of the following is not a public record:

(1) Commercial or financial information obtained in response to a solicitation that is designated as privileged or confidential by the person or entity submitting such information in compliance with instructions in the solicitation for marking information exempt from public disclosure. Information not marked as required is a public record.

(2) Evaluative documents, bids, or proposals prior to award.

(3) When the public disclosure of procurement information would be detrimental to the safety or security of persons or property or to the public interest as determined, in writing, by the Chief Procurement Officer.

(4) Any procurement information identified by the Chief Procurement Officer under subsection (c).

(c) The Chief Procurement Officer, by rule, shall establish a process for identifying and protecting procurement information that is excepted from disclosure.
Ala. Code § 41-11-2 — Alabama Code / Title 41 / Chapter 11 / Section 41-11-2
Section 41-11-2 Composition; Qualifications and Election of Members Generally
Status: in_force

The academy shall be composed of not more than 100 living members, and no more than 10 of such members shall be elected to membership in any calendar year. Each person elected for membership shall be a distinguished citizen of Alabama who shall be chosen for accomplishment or service greatly benefiting the state or for accomplishment or service reflecting great credit on the state. Each living Governor or former Governor of Alabama shall be a member of the academy but shall not be counted in the total maximum membership nor in the 10 members who may be elected annually. No more than 25 percent of the elected members at any time shall be from the political field.
Ala. Code § 41-9-623.1 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-623.1
Section 41-9-623.1 Construction of Article
Status: in_force

Notwithstanding any provision in this article, except for providing copies of data required by law to carry out the duties of the commission and ALEA, nothing in this article shall be interpreted to impair or grant the authority to impair the ownership, dissemination, or control of data collected and maintained by the Administrative Office of Courts or the appellate courts of the state.
Ala. Code § 41-9-256 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-256
Section 41-9-256 Exemption from Taxation of Commission and Properties, Income, Etc., Thereof
Status: in_force

The commission, as an agency of the State of Alabama, shall constitute a nonprofit governmental agency and shall have a tax-exempt status, and the properties of the commission and the income therefrom, all lease agreements and contracts made by it shall be forever exempt from any and all taxation by the State of Alabama and any political subdivision thereof, including, but not limited to, income, admission, amusement, excise, sales, use and ad valorem taxes.
Ala. Code § 41-9-270 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-270
Section 41-9-270 Lagrange Historical Commission
Status: in_force

(a) A board of trustees, to be known as LaGrange Historical Commission, is hereby authorized to be appointed by the Governor for the purpose of acquiring, maintaining and protecting certain properties and objects of historical interest at LaGrange, in Colbert County, the site of the first chartered college in Alabama. Said board shall be composed of three members, and the first appointees shall be appointed to serve for terms of two, four, and six years, respectively, and subsequent appointees shall serve for terms of four years. Such trustees shall serve without compensation other than payment of a per diem allowance and travel expenses in attending meetings of the board or in performing any actual service under the direction of the board, such expenses to be paid in accordance with Article 2 of Chapter 7 of Title 36 of this code. Such expenses shall be payable out of the appropriation made by subsection (c) of this section, upon warrant of the Comptroller, after the account for such expenses has been approved by the board of trustees and by the Governor.

(b) Said board of trustees, within its discretion, may acquire title, possession, or control of such properties and also of objects of historic interest at LaGrange as it may deem necessary or proper to be maintained, preserved, and protected on behalf of the State of Alabama, mark in suitable manner the places or locations of historic interest at such point and prepare and publish for distribution pamphlets or other printed matter with respect thereto. The expenses incurred for such purposes by the board of trustees shall be paid out of the appropriation made by subsection (c) of this section, upon warrant drawn by the Comptroller, supported by an itemized account thereof approved by the board of trustees and by the Governor.

(c) For the purposes provided by this section, the sum of $500.00 is hereby appropriated annually payable out of any funds in the treasury, not otherwise appropriated, all of which shall be released on order of the Governor.
Ala. Code § 41-10-263 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-263
Section 41-10-263 Procedure for Incorporation
Status: in_force

To become a corporation, the Governor, the Director of Finance, the Lieutenant Governor, the Speaker of the House, and the Chief Justice shall present to the Secretary of State an application signed by each of them which shall set forth:

(1) The name, official designation, and official residence of each of the applicants, together with a certified copy of the document 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 “Alabama Judicial Building Authority”;

(4) The location of the principal office of the proposed corporation, which shall be Montgomery, Alabama; and

(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the state. The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the state to take acknowledgments to deeds.

The Secretary of State shall examine the application and, if he or she finds that it substantially complies with the requirements of this section and that the name proposed in the application is not identical with that of a person or other corporation in the state or so nearly similar thereto as to lead to confusion and uncertainty, he or she shall receive and file it and record it in an appropriate book of records in his office.
Ala. Code § 41-10-176 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-176
Section 41-10-176 Power to Take Possession Under Lease, Etc., of Property Within the Blakeley National Register Site; Power to Lease, Purchase, Etc., Any Property in Order to Fulfill the Purposes of the Authority, Power to Borrow Money, Issue Revenue Bonds, and Pledge Security
Status: in_force

(a) The authority is authorized to take possession under a lease or a deed or other instrument granting use or easement property in Baldwin County, Alabama within the Blakeley national register site which is now owned by the Historic Blakeley Foundation or others. The authority is further authorized to lease, purchase, accept as a gift or loan, or otherwise acquire any other property, real or personal, including gifts or bequests of money or other things of value to be used in fulfilling the purpose for which it is established or for any auxiliary purpose incidental or appropriate thereto.

(b) The authority is also authorized to borrow money and issue revenue bonds in evidence thereof, but no such bonds shall be general obligations of the State of Alabama or any agency or any political subdivision thereof nor shall such authority pledge to the payment of any such loans the land. It may, however, pledge to the repayment thereof buildings, exhibits, utilities, docks, roads, walks, or other appurtenances; or improvements made by the authority and it may pledge to the repayment thereof the proceeds derived from admission fees or charges or other fees or charges made in connection with such park or historical site.
Ala. Code § 41-4-200 — Alabama Code / Title 41 / Chapter 4 / Section 41-4-200
Section 41-4-200 Established
Status: in_force

There shall be in the Department of Finance a legal division.
Ala. Code § 41-10-211 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-211
Section 41-10-211 Freedom of Authority from State Supervision and Control; Inapplicability of Code of Ethics
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 41-10-282 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-282
Section 41-10-282 Bonds Are Lawful Security for State Deposits; Investment of State, Retirement, and Other Fiduciary Funds in Bonds of Authority
Status: in_force

Any bonds issued by the authority may be used by the holders thereof as security for deposits of any funds belonging to the state or to any instrumentality, agency, or political subdivision of the state in any instance where security for such deposits may be required or permitted by law. Any surplus in any state fund and any retirement or trust fund, where the investment thereof is permitted or required by law, may be invested in bonds issued by the authority. Unless otherwise directed by the court having jurisdiction thereof, or the document that is the source of authority, a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust funds in the bonds of the authority.
Ala. Code § 41-9-215 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-215
Section 41-9-215 Commitment to Provide Economic Development Funds; Contract Containing Conditions of Project
Status: in_force

(a) After May 4, 2011, no commitment made by the state to provide economic development funds as an incentive for a company to build or expand in this state shall be valid unless the state and the company to whom the commitment was made, within five years of the date of the commitment, enter into a mutually acceptable written contract outlining the conditions of the project.

(b) Any commitment made by the state before May 4, 2011, in which the state and the company to whom the commitment was made have not entered into a mutually acceptable written contract outlining the conditions of the project is void after five years from the date of the commitment or one year after May 4, 2011, whichever is later.
Ala. Code § 41-20-7 — Alabama Code / Title 41 / Chapter 20 / Section 41-20-7
Section 41-20-7 Procedure for Review and Evaluation of Agencies - Factors to Be Considered in Determining Public Need for Continuation of Agencies Generally
Status: in_force

In said public hearings, the determination as to whether a sufficient public need for continuance is present shall take into consideration the following factors concerning the enumerated or nonenumerated agency under review and evaluation:

(1) The extent to which any information required to be furnished to the reviewing committee pursuant to Section 41-20-6 has been omitted, misstated, or refused and the extent to which conclusions reasonably drawn from said information is adverse to the legislative intent inherent in the powers, duties, and functions as established in the enabling legislation creating said agency or is inconsistent with present or projected public demands or needs;

(2) The extent to which statutory changes have been recommended which would benefit the public in general as opposed to benefitting the agency;

(3) The extent to which operation has been efficient and responsive to public needs;

(4) The extent to which it has been encouraged that persons regulated, report to the agency concerning the impact of rules and decisions regarding improved service, economy of service or availability of service to the public;

(5) The extent to which the public has been encouraged to participate in rule and decision making as opposed to participation solely by persons regulated;

(6) The extent to which complaints have been expeditiously processed to completion in the public interest;

(7) The extent to which the division, agency, or board has permitted qualified applicants to serve the public;

(8) The extent to which affirmative action requirements of state and federal statutes and constitutions have been complied with by the agency or the industry it regulates; and

(9) Any other relevant criteria which the reviewing committee, in its discretion, deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the respective agency.
Ala. Code § 41-9-164 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-164
Section 41-9-164 Changes in Building Code
Status: in_force

The Construction Management Division of the Department of Finance is authorized and directed to make such changes in the code from time to time as seem advisable in the best interest of the people of Alabama. Changes in the code shall take effect and shall be printed and distributed in the same manner as the original code was made effective, printed and distributed.
Ala. Code § 41-9-905 — Alabama Code / Title 41 / Chapter 9 / Section 41-9-905
Section 41-9-905 Benefits Payable to Service Provider or Insured Resident; Restrictions on Board’s Authority to Regulate or Otherwise Impact Medical Practices and Procedures
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 41-10-453 — Alabama Code / Title 41 / Chapter 10 / Section 41-10-453
Section 41-10-453 Provisions for Incorporation
Status: in_force

To become a corporation, the Governor, the Director of Finance, and the State Treasurer shall present to the Secretary of State of Alabama an application signed by them which shall set forth: (1) the name, official designation, and official residence of each of the applicants, together with a certified copy of the document 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 Building Renovation Finance Authority; (4) the location of the principal office of the proposed corporation; and (5) any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of the state. 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 acknowledgements 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.