Article 1 General Provisions 10A-2-1.01 – 10A-2-1.41
Article 2 Formation and Governing Documents 10A-2-2.01 – 10A-2-2.08
Article 3 Purposes and Powers 10A-2-3.01 – 10A-2-3.04
Article 6 Shares and Distributions 10A-2-6.01 – 10A-2-6.40
Article 7 Shareholders 10A-2-7.01 – 10A-2-7.36
Article 8 Directors and Officers 10A-2-8.01 – 10A-2-8.63
Article 10 Amendment of Articles of Incorporation and Bylaws 10A-2-10.01 – 10A-2-10.22
Article 11 Merger and Share Exchange 10A-2-11.01 – 10A-2-11.08
Article 12 Sale or Mortgage of Assets 10A-2-12.01 – 10A-2-12.02
Article 13 Dissenters’ Rights 10A-2-13.01 – 10A-2-13.32
Article 14 Dissolution 10A-2-14.01 – 10A-2-14.40
Article 15 Foreign Corporations 10A-2-15.01 – 10A-2-15.45
Article 16 Records and Reports 10A-2-16.01 – 10A-2-16.22
Article 17 Application 10A-2-17.01 – 10A-2-17.02

Terms Used In Alabama Code > Title 10A > Chapter 2

  • access: To gain entry to, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer system, or computer network. See Alabama Code 13A-8-111
  • ACCUMULATED CONTRIBUTIONS: The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the District Attorneys' Plan, together with regular interest thereon. See Alabama Code 12-17-227
  • act: Alabama Explosives Safety Act of 1993. See Alabama Code 8-17-241
  • ACTUARIAL EQUIVALENT: A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest. See Alabama Code 12-17-227
  • ADMINISTRATIVE FEE: The fee charged to a client by a professional employer organization for professional employer services. See Alabama Code 25-14-3
  • administrator: The Secretary of the Department of Labor or his or her designee. See Alabama Code 25-13-2
  • adult: An individual 19 years of age or older. See Alabama Code 12-15-102
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • AFFILIATED COMPANY: Any company in the same corporate system as a parent, an industrial insured, or a member organization by virtue of common ownership, control, operation, or management. See Alabama Code 27-31B-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • aftercare: Conditions and supervision as the juvenile court orders after release from the Department of Youth Services. See Alabama Code 12-15-102
  • agency: when used in reference to an office of a foreign bank, shall have the same meaning as is set forth in Section 1(b)(1) of the Federal International Banking Act (12 U. See Alabama Code 5-13B-41
  • agency: Any state agency responsible for administering programs under Title IV-D or Title XIX of the Social Security Act. See Alabama Code 27-21B-2
  • agent: A person who is appointed or employed by a health maintenance organization and who engages in solicitation of membership in such organization. See Alabama Code 27-21A-1
  • airport: Any area of land or water which is used, or intended for use, for the landing, take-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 4-3-40
  • airport: Any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See Alabama Code 4-6-2
  • Alabama bank: means an Alabama state bank or an Alabama national bank. See Alabama Code 5-13B-41
  • ALABAMA INSURANCE CODE: Title 27 of the Code of Alabama 1975. See Alabama Code 27-19A-2
  • Alabama representative office: shall mean any such office that is located in this state. See Alabama Code 5-13B-41
  • Alabama state agency: when used in reference to an office of a foreign bank, shall mean an agency of a foreign bank that is located in this state and licensed pursuant to the provisions of Division 3 of this article. See Alabama Code 5-13B-41
  • Alabama state bank: means a bank organized under the laws of Alabama. See Alabama Code 5-13B-41
  • Alabama state branch: when used in reference to an office of a foreign bank, shall mean a branch of a foreign bank that is located in this state and licensed pursuant to the provisions of Division 3 of this article. See Alabama Code 5-13B-41
  • alcoholism: A chronic disorder or illness in which the individual is unable, for psychological or physical reasons, or both, to refrain from the frequent consumption of alcohol in quantities sufficient to produce intoxication and, ultimately, injury to health and effective functioning. See Alabama Code 27-20A-1
  • ALIEN CAPTIVE INSURANCE COMPANY: Any insurance company formed to write insurance business for its parents and affiliates and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory standards in a form acceptable to the commissioner on companies transacting the business of insurance in that jurisdiction. See Alabama Code 27-31B-2
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • animal: Every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes. See Alabama Code 13A-11-152
  • ANIMAL OR CROP FACILITY: Any facility engaging in scientific research, education, or agricultural production of or involving the use of animals or crops including any organization with the primary purpose of representing livestock or crop production or processing; any organization with a primary purpose of promoting or marketing livestock or crops; any organization with a primary purpose of promoting or marketing livestock or crop products or materials; any person licensed to practice veterinary medicine; any person licensed to apply chemical applications not limited to pesticides, insecticides, rodenticides, or herbicides; any organization with a primary purpose of representing any of the above; the owner, operator, and employees of any animal or crop facility; and any vehicle, building, greenhouse, structure, laboratory, pasture, field, paddock, pond, impoundment, or premises where animals or crops are located. See Alabama Code 13A-11-152
  • annuity: Payments for life derived from the accumulated contributions of a member. See Alabama Code 12-17-227
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • ANNUITY STARTING DATE: The first day for which a benefit is payable as an annuity or any other form under Section 45-49A-63. See Alabama Code 45-49A-63
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • APPEARANCE BOND: An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of the State of Alabama or the municipality, a specified sum of money upon the failure of a person released to comply with its conditions. See Alabama Code 15-13-101
  • applicant: A natural person who files a written application with the governing body of the city in accordance with Section 45-41A-10. See Alabama Code 45-41A-10.01
  • applicant: A natural person who files a written application with the governing body of the city in accordance with Section 45-41A-40. See Alabama Code 45-41A-40.01
  • APPLICATION FOR CONVERSION: That written application, on a form to be prescribed by the superintendent, which is filed with the superintendent requesting approval of a plan of conversion. See Alabama Code 5-7A-61
  • APPOINTING AUTHORITY: A department head. See Alabama Code 45-35A-51.01
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • article: Such term, when referring to a cosmetic, is used in the broad and comprehensive sense and has reference to the cosmetic product in question. See Alabama Code 20-1-50
  • article: When referring to food or drugs, such term is used in the broad and comprehensive sense and has reference to the food product or the drug product in question. See Alabama Code 20-1-20
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 10A-2-1.40
  • assessment: A standardized diagnostic evaluation for placement in a treatment program. See Alabama Code 45-41-83.01
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • associate: When used to indicate a relationship with:

    (A) a domestic or foreign entity or organization for which the person is:

    (i) an officer or governing person; or

    (ii) a beneficial owner of 10 percent or more of a class of voting ownership interests or similar securities of the entity or organization;

    (B) a trust or estate in which the person has a substantial beneficial interest or for which the person serves as trustee or in a similar fiduciary capacity;

    (C) the person's spouse or a relative of the person related by consanguinity or affinity within the fifth degree who resides with the person; or

    (D) a governing person or an affiliate or officer of the person. See Alabama Code 10A-1-1.03

  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • association: Any legal association of individuals, corporations, limited liability companies, partnerships, associations, or other entities whereby either of the following exists:

    a. See Alabama Code 27-31B-2

  • ASSOCIATION CAPTIVE INSURANCE COMPANY: Any company that insures risks of the member organizations of the association, and that also may insure the risks of affiliated companies of the member organizations and the risks of the association itself and their affiliated companies. See Alabama Code 27-31B-2
  • Attorney: as used in this chapter , refers to the attorney-in-fact of a reciprocal insurer. See Alabama Code 27-31-5
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: A public corporation organized pursuant to the provisions of this article. See Alabama Code 4-3-40
  • authority: The Auburn Downtown Redevelopment Authority, a public corporation organized pursuant to this part. See Alabama Code 45-41A-10.01
  • authority: The Opelika Downtown Redevelopment Authority, a public corporation organized pursuant to this part. See Alabama Code 45-41A-40.01
  • Authorized shares: means the shares of all classes a domestic or foreign business corporation is authorized to issue. See Alabama Code 10A-2-1.40
  • AUTHORIZING AMENDMENT: That certain amendment to the Constitution of Alabama of 1901, as amended, proposed by Act 88-479 enacted at the 1988 Regular Session of the Legislature. See Alabama Code 45-41-141
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-41A-10. See Alabama Code 45-41A-10.01
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-41A-40. See Alabama Code 45-41A-40.01
  • AUTHORIZING SUBDIVISION: Any county or municipality in this state whose governing body receives and approves an application for permission to organize an authority. See Alabama Code 4-3-40
  • AUTOMATED PEOPLE MOVER: An installation as defined as an automated people mover in ASCE 21. See Alabama Code 25-13-2
  • AVERAGE FINAL COMPENSATION: The average annual compensation of a district attorney with respect to which he or she had made contributions pursuant to Section 12-17-227. See Alabama Code 12-17-227
  • BABY FOOD: A food which purports to be or is represented for special dietary use as a food for babies by reason of its special formulation or its particular suitability for children under two years of age. See Alabama Code 20-1-20
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • bank: as used in this article shall not in any event include a foreign bank or a branch or agency of a foreign bank. See Alabama Code 5-13B-41
  • Bank Holding Company Act: means the Federal Bank Holding Company Act of 1956, as amended (12 U. See Alabama Code 5-13B-41
  • bank supervisory agency: means :

    (1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies;

    (2) Any agency of another state with primary responsibility for chartering and supervising banks; and

    (3) Any agency of a country, including any colonies, dependencies, possessions, or political subdivisions thereof, other than the United States. See Alabama Code 5-13B-41

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • BASIC HEALTH CARE SERVICES: Emergency care, inpatient hospital and physician care, and outpatient medical services. See Alabama Code 27-21A-1
  • beneficiary: Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this division. See Alabama Code 12-17-227
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • beneficiary: The person or persons named by a member by written designation filed with the board to receive payments under this plan after the member's death. See Alabama Code 45-49A-63
  • benefit: Any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. See Alabama Code 13A-10-60
  • Bequest: Property gifted by will.
  • blast: The firing or detonating of explosives. See Alabama Code 8-17-241
  • blaster: A person qualified by reason of training, knowledge, and experience to design, supervise, or detonate explosives in blasting operations, who has obtained a valid blaster certification card issued by the office. See Alabama Code 8-17-241
  • BLASTING CONTRACTOR: A person employed, hired, or contracted by a client or other person to plan, organize, supervise, and conduct blasting operations. See Alabama Code 8-17-241
  • BLASTING OPERATION: The use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures. See Alabama Code 8-17-241
  • BLASTING PRIVILEGES: Blasting certification, blasting contractor licensing, and blasting permits. See Alabama Code 8-17-241
  • board: The Board of Agriculture and Industries of the State of Alabama. See Alabama Code 2-15-60
  • board: The board of directors of the authority. See Alabama Code 4-3-40
  • board: The Lee County Alternative Sentencing Board. See Alabama Code 45-41-83.01
  • board: The board of directors of the authority. See Alabama Code 45-41A-10.01
  • board: The board of directors of the authority. See Alabama Code 45-41A-40.01
  • board: The Board of County Commissioners. See Alabama Code 45-42-122.01
  • board: The Elevator Safety Review Board. See Alabama Code 25-13-2
  • board: The State Board of Agriculture and Industries. See Alabama Code 20-1-20
  • board: The personnel board herein authorized. See Alabama Code 45-35A-51.01
  • board: The Police and Fire Pension Board as constituted under Section 45-49A-63. See Alabama Code 45-49A-63
  • BOARD OF CONTROL: The board provided for in Section 36-27-23 to administer the retirement system. See Alabama Code 12-17-227
  • bond: Any bond authorized to be issued pursuant to the provisions of this article. See Alabama Code 4-3-40
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-41A-10.01
  • bonds: Shall include bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-41A-40.01
  • branch: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in Section 1(b)(3) of the Federal International Banking Act (12 U. See Alabama Code 5-13B-41
  • BRANCH BUSINESS: Any insurance business transacted by a branch captive insurance company in this state. See Alabama Code 27-31B-2
  • BRANCH CAPTIVE INSURANCE COMPANY: Any alien captive insurance company licensed by the commissioner to transact the business of insurance in this state through a business unit with a principal place of business in this state. See Alabama Code 27-31B-2
  • BRANCH OPERATIONS: Any business operations of a branch captive insurance company in this state. See Alabama Code 27-31B-2
  • BREAK IN SERVICE: A period of absence which would constitute a break in the member's service under the Mobile County Personnel Board rules; provided, however, that periods of leave and periods of service in the uniformed services of the United States determined in accordance with Section 45-49A-63. See Alabama Code 45-49A-63
  • burning: No garbage or rubbish containing garbage or other putrescible materials or hazardous wastes shall be burned except in approved incinerators meeting the regulations of the Alabama Department of Environmental Management requirements and air pollution controls as now established or as may later be established. See Alabama Code 45-43-170.03
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2 or Chapter 2A, as applicable. See Alabama Code 10A-1-1.03
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 10A-1-1.03
  • Capital offense: A crime punishable by death.
  • CAPTIVE INSURANCE COMPANY: Any pure captive insurance company, association captive insurance company, risk retention group, protected cell captive insurance company, incorporated cell captive insurance company, or industrial insured captive insurance company formed or licensed under this chapter. See Alabama Code 27-31B-2
  • CAPTIVE RISK RETENTION GROUP: A captive insurance company organized and licensed as a captive insurer under the laws of this state and operating pursuant to the Liability Risk Retention Act of 1986, as amended, 15 U. See Alabama Code 27-31B-2
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • CERTIFICATE OF DISSOLUTION: Any document such as a certificate of dissolution, statement of dissolution, or articles of dissolution, required or permitted to be filed publicly with respect to an entity's dissolution and winding up of its business, activity, activities, not for profit activity, or affairs. See Alabama Code 10A-1-1.03
  • CERTIFICATE OF OPERATION: A document issued by the administrator that indicates that the conveyance has had the required safety inspection and tests, and fees have been paid as set forth in this chapter. See Alabama Code 25-13-2
  • CHARITABLE ORGANIZATION: Any benevolent, philanthropic, or patriotic person, or one purporting to be such, consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America, which solicits and collects funds for charitable purposes and includes each local, county, or area division within this state of the charitable organization; provided the local, county, or area division has authority and discretion to disburse funds or property otherwise than by transfer to any parent organization. See Alabama Code 13A-9-70
  • CHARITABLE ORGANIZATION: A person or nonprofit corporation who is or holds himself or herself out to be established for a benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental, conservation, civic, or other eleemosynary purpose, or a person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directly or indirectly, that the solicitation is for a charitable purpose. See Alabama Code 13A-9-80
  • CHARITABLE PURPOSE: Any charitable, benevolent, philanthropic, or patriotic purpose which is consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America. See Alabama Code 13A-9-70
  • CHARITABLE PURPOSE: Any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public health, social welfare, advocacy, environmental, conservation, civic, or other eleemosynary purpose as defined and amended, from time to time, by the Internal Revenue Code. See Alabama Code 13A-9-80
  • child: An individual under the age of 18 years, or under 21 years of age and before the juvenile court for a delinquency matter arising before that individual's 18th birthday, or under 19 years of age and before the juvenile court for a child in need of supervision matter or commitment to the State Department of Mental Health or under 19 years of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2). See Alabama Code 12-15-102
  • CHILD IN NEED OF SUPERVISION: A child who has been adjudicated by a juvenile court for doing any of the following and who is in need of care, rehabilitation, or supervision:

    a. See Alabama Code 12-15-102

  • Circumstantial evidence: All evidence except eyewitness testimony.
  • city: The City of Auburn, Alabama. See Alabama Code 45-41A-10.01
  • city: The City of Opelika, Alabama. See Alabama Code 45-41A-40.01
  • city: The City of Opelika, Alabama. See Alabama Code 45-41A-41.02
  • city: The City of Mobile, Alabama. See Alabama Code 45-49A-63
  • CIVIL FINE: The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. See Alabama Code 45-41A-41.02
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • CIVIL RIGHTS ORGANIZATION: Any charitable organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code that is organized to protect the rights of persons against deprivation, discrimination, or denial of their right to equal protection of the laws under the Constitution of the United States of America because of color, race, religion, sex, age, disability, or national origin. See Alabama Code 13A-9-70
  • CIVIL VIOLATION: There is hereby created a noncriminal category of law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-41A-41.02
  • CLAIM INFORMATION: Data related to whether an individual is receiving, has received, or has made application for unemployment compensation, the amount of such compensation being received or to be received by the individual, and the individual's current or most recent home address. See Alabama Code 25-11-3
  • CLASS A FOODS: Baby food, infant formula, and potentially hazardous food. See Alabama Code 20-1-20
  • CLASSIFIED SERVICE: Includes all offices, positions, and employment in the City of Dothan as these offices, positions, and employment now or may hereafter exist, the holders of which are paid whether by salary, wages, or fees, in whole or in part, from funds of the city, except those expressly placed in the unclassified service. See Alabama Code 45-35A-51.01
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • client: A person or entity that enters into a professional employer agreement with a professional employer organization, including a worksite employer. See Alabama Code 25-14-3
  • code: The Code of Alabama 1975, as amended. See Alabama Code 45-41-141
  • code: The Internal Revenue Code of 1986, as amended from time to time. See Alabama Code 45-49A-63
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • COMMERCIAL BUILDING: Any building, structure, or other improvement to real property, excluding, however, any dwelling that:

    a. See Alabama Code 45-41-141

  • COMMERCIAL CO-VENTURER: Any person who for profit or other commercial consideration conducts, promotes, underwrites, arranges, or sponsors a sale, performance, or event of any kind which is advertised, and which will benefit, to any extent, a charitable or religious organization. See Alabama Code 13A-9-70
  • commission: The Lee County Commission or other governing body of the county. See Alabama Code 45-41-141
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama. See Alabama Code 2-15-60
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama. See Alabama Code 2-15-81
  • commissioner: The Commissioner of Agriculture and Industries for the State of Alabama. See Alabama Code 13A-11-152
  • commissioner: The Commissioner of Insurance. See Alabama Code 27-21A-1
  • commissioner: The Insurance Commissioner of this state or the commissioner, director, or superintendent of insurance in any other state. See Alabama Code 27-31A-2
  • commissioner: The Alabama Commissioner of Insurance or the commissioner's designee. See Alabama Code 27-31B-2
  • commissioner: The Commissioner of the State of Alabama, Department of Human Resources. See Alabama Code 25-11-3
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 20-1-20
  • committee: The citizens supervisory committee herein created. See Alabama Code 45-35A-51.01
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • COMMUNITY-BASED ORGANIZATION: Any group, whether incorporated or unincorporated, affiliated with or organized for the benefit of one or more communities or neighborhoods containing an alleged drug-related nuisance, or any group organized to improve the quality of life in a residential area containing the alleged drug-related nuisance. See Alabama Code 6-5-155.1
  • company: means any franchised or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution, to members of the public who subscribe to such service, or distributing through such company's antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not. See Alabama Code 13A-8-120
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • COMPLETE WRITTEN INSTRUMENT: One which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. See Alabama Code 13A-9-1
  • computer: An electronic, magnetic, optical, electrochemical, or other high speed data processing device or system that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device. See Alabama Code 13A-8-111
  • COMPUTER NETWORK: The interconnection of two or more computers or computer systems that transmit data over communication circuits connecting them. See Alabama Code 13A-8-111
  • COMPUTER PROGRAM: An ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions. See Alabama Code 13A-8-111
  • COMPUTER SECURITY SYSTEM: The design, procedures, or other measures that the person responsible for the operation and use of a computer employs to restrict the use of the computer to particular persons or uses or that the owner or licensee of data stored or maintained by a computer in which the owner or licensee is entitled to store or maintain the data employs to restrict access to the data. See Alabama Code 13A-8-111
  • COMPUTER SERVICES: The product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions. See Alabama Code 13A-8-111
  • COMPUTER SOFTWARE: A set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specific functions. See Alabama Code 13A-8-111
  • COMPUTER SYSTEM: A set of related or interconnected computer or computer network equipment, devices and software. See Alabama Code 13A-8-111
  • container: Box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a product for sale or distribution, for solicitation purposes. See Alabama Code 13A-9-80
  • CONTRACTUAL OBLIGATION: Any obligation under covered policies or employee benefit plans. See Alabama Code 27-19A-2
  • contribution: The promise or grant of any money or property of any kind or value, including the promise to pay, except payments by members of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from any governmental authority. See Alabama Code 13A-9-70
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 10A-1-1.03
  • control: shall be construed consistently with the provisions of Section 2(a)(2) of the Bank Holding Company Act (12 U. See Alabama Code 5-13B-41
  • CONTROLLED SUBSTANCE ACTS: The provisions of Sections 20-2-1 et seq. See Alabama Code 6-5-155.1
  • CONTROLLED UNAFFILIATED BUSINESS: Any company that meets all of the following criteria:

    a. See Alabama Code 27-31B-2

  • CONTROLLING PERSON: Any of the following:

    a. See Alabama Code 25-14-3

  • conveyance: Any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, stairway chairlifts, and automated people movers. See Alabama Code 25-13-2
  • conviction: An adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. See Alabama Code 13A-10-190
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2 or Chapter 2A, as applicable, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • cosmetic: An article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance and the component parts of such an article. See Alabama Code 20-1-50
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Any of the 67 counties of the state. See Alabama Code 4-3-40
  • county: Lee County, Alabama. See Alabama Code 45-41-141
  • county: Limestone County, Alabama. See Alabama Code 45-42-122.01
  • county: Houston County. See Alabama Code 45-35-20.03
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • COVERED EMPLOYEE: An individual having a relationship with a professional employer organization and a client who meets all of the following criteria:

    a. See Alabama Code 25-14-3

  • COVERED POLICY OR PLAN: Any policy, employee benefit plan, or contract within the scope of this chapter. See Alabama Code 27-19A-2
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • crops: Any shrub, vine, tree, seedling, shoot, slip, or other plant undergoing experimentation or otherwise capable of producing food, fiber, lawful or legal medicines, nursery stock, floral products, or aesthetic beauty. See Alabama Code 13A-11-152
  • cruel: as used in this article shall mean: Every act, omission, or neglect, including abandonment, where unnecessary or unjustifiable pain or suffering, including abandonment, is caused or where unnecessary pain or suffering is allowed to continue. See Alabama Code 13A-11-240
  • CUSTODIAN OF RECORDS: The person within the Department of Labor authorized to maintain the data collected under this chapter, including, but not limited to, all employment hiring data entered into the State Directory of New Hires, wage information, and unemployment claim and compensation information. See Alabama Code 25-11-3
  • data: A representation of information, knowledge, facts, concepts, or instructions, which are prepared and are intended for use in a computer, computer system, or computer network. See Alabama Code 13A-8-111
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 10A-1-1.03
  • dealer: Any person engaged in the business of buying livestock as a dealer as defined in Section 2-15-131(5). See Alabama Code 2-15-81
  • dealer: A manufacturer, wholesaler, retailer, jobber, and similar establishments, mobile or permanent, engaged in the sale of food for consumption on premises. See Alabama Code 20-1-20
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • DELINQUENT ACT: An act committed by a child that is designated a violation, misdemeanor, or felony offense pursuant to the law of the municipality, county, or state in which the act was committed or pursuant to federal law. See Alabama Code 12-15-102
  • DELINQUENT CHILD: A child who has been adjudicated for a delinquent act and is in need of care or rehabilitation. See Alabama Code 12-15-102
  • DENTAL CARE SERVICES: Any services furnished to any person for the purpose of preventing, alleviating, curing, or healing human dental illness or injury. See Alabama Code 27-19A-2
  • dentist: Any person who furnishes dental care services and who is licensed as a dentist by the State of Alabama. See Alabama Code 27-19A-2
  • department: Alabama Department of Environmental Management. See Alabama Code 45-43-170.03
  • department: The Department of Agriculture and Industries of the State of Alabama. See Alabama Code 2-15-60
  • department: The State Banking Department as provided for and created in Section 5-2A-1. See Alabama Code 5-7A-61
  • department: The State of Alabama, Department of Industrial Relations. See Alabama Code 25-11-3
  • department: The Alabama State Law Enforcement Agency acting directly or through its duly authorized officers and agents. See Alabama Code 32-1-1.1
  • department: The Department of Agriculture and Industries. See Alabama Code 20-1-20
  • department: The Alabama Department of labor. See Alabama Code 25-14-3
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • depository institution: means any institution that is included for any purpose within the definitions of "insured depository institution" as set forth in Sections 3(c)(2) and 3(c)(3) of the Federal Deposit Insurance Act (12 U. See Alabama Code 5-13B-41
  • detention: The temporary placement of children alleged or adjudicated to be delinquent in secure custody as defined herein pending juvenile court disposition or transfer to a residential facility for further care of a child adjudicated delinquent. See Alabama Code 12-15-102
  • detonator: A device containing a detonating charge that is used to initiate detonation in an explosive, including, but not limited to, electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors. See Alabama Code 13A-10-190
  • detoxification: Supervised physical withdrawal from alcohol. See Alabama Code 27-20A-1
  • Devise: To gift property by will.
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • director: The Director of the Alabama State Law Enforcement Agency. See Alabama Code 13A-10-190
  • director: A member of the board of the authority. See Alabama Code 45-41A-10.01
  • director: A member of the board of the authority. See Alabama Code 45-41A-40.01
  • director: The personnel director herein created. See Alabama Code 45-35A-51.01
  • DISCLOSURE LABEL: A printed or typed notice affixed to a container, in a conspicuous place and accessible to the public, that is easily readable and legible that informs the public of the following:

    a. See Alabama Code 13A-9-80

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • disparagement: The dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. See Alabama Code 6-5-621
  • distribute: The actual, constructive, or attempted transfer from one person to another. See Alabama Code 13A-10-190
  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of any one or more of its shareholders in respect of any of its shares. See Alabama Code 10A-2-1.40
  • distributor: Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn shall resell to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer's or distributor's permit. See Alabama Code 8-17-210
  • district: A fire fighting district established pursuant to Amendment 392 or any law providing for the implementation of the authorizing amendment of Amendment 392. See Alabama Code 45-41-141
  • DISTRICT ATTORNEY: Except as otherwise provided in Section 12-17-227. See Alabama Code 12-17-227
  • DISTRICT FIRE PROTECTION FUND: A district fire protection fund established and maintained in the county treasury pursuant to this part. See Alabama Code 45-41-141
  • dog or cat: as used in this article shall mean any domesticated member of the dog or cat family. See Alabama Code 13A-11-240
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • domestic corporation: means a business corporation, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. See Alabama Code 10A-2-1.40
  • domicile: For purposes of determining the state in which a purchasing group is domiciled:

    a. See Alabama Code 27-31A-2

  • Donor: The person who makes a gift.
  • DOWNTOWN DEVELOPMENT AREA: The central business district of the city as described in subsection (b) of Section 45-41A-10. See Alabama Code 45-41A-10.01
  • DOWNTOWN DEVELOPMENT AREA: The central business district of the city as described in subsection (b) of Section 45-41A-40. See Alabama Code 45-41A-40.01
  • drug: Includes all of the following:

    a. See Alabama Code 45-41-83.01

  • drug: All medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use and any substance or mixture of substances to be used for the cure, mitigation, or prevention of disease in man or domestic animals. See Alabama Code 20-1-20
  • dwelling: Any building, structure, or other improvement to real property used or expected to be used as a dwelling or residence for one or more human beings, including specifically and without limiting the generality of the foregoing,

    a. See Alabama Code 45-41-141

  • EDUCATIONAL INSTITUTION: A school, college, or other institution which has a defined curriculum, student body, and faculty and which conducts classes on a regular basis. See Alabama Code 13A-9-70
  • EFFECTIVE DATE OF THIS TITLE: January 1, 2011. See Alabama Code 10A-1-1.03
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • ELECTRONIC MAIL MESSAGE: A message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which such message can be sent or delivered. See Alabama Code 13A-8-111
  • elevator: An installation as defined as an elevator in ASME A17. See Alabama Code 25-13-2
  • ELEVATOR CONTRACTOR: Any sole proprietor, firm, or corporation who possesses an elevator contractor's license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter. See Alabama Code 25-13-2
  • ELEVATOR INSPECTOR: Any person who possesses an elevator inspector's license in accordance with this chapter. See Alabama Code 25-13-2
  • ELEVATOR MECHANIC: Any person who possesses an elevator mechanic's license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter. See Alabama Code 25-13-2
  • Employee: includes an officer but not a director. See Alabama Code 10A-2-1.40
  • employee: Any person including the heads of departments, chief clerks, and chief deputy sheriff, who is employed in the service of the county on a regular full-time basis. See Alabama Code 45-42-122.01
  • employee: An individual in the employ of another who performs a service for hire and receives wages. See Alabama Code 25-11-3
  • employee: A person in the classified service herein set up and appointed by the appointing authority, unless herein expressly excepted. See Alabama Code 45-35A-51.01
  • EMPLOYEE BENEFIT PLAN: Any plan, fund, or program heretofore or hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, dental care benefits in the event of accident or sickness. See Alabama Code 27-19A-2
  • employer: The State of Alabama or any department, agency, or local governing body by which a district attorney is paid. See Alabama Code 12-17-227
  • employer: A person or entity, including a state or local government entity or labor organization, who employs an individual to perform a service for hire and pays wages directly to the individual. See Alabama Code 25-11-3
  • EMPLOYMENT REGISTER: Typewritten lists containing the names of those applicants who have successfully passed mental tests for initial employment within the classified service for any specific position and which names are listed in the order of final grades attained on such tests from the highest grade attained to the lowest grade attained. See Alabama Code 45-35A-51.01
  • EMPLOYMENT SECURITY RECORDS: Information maintained by the Department of Labor's Employment Service Division and Unemployment Compensation Division relating to an individual's search for employment and unemployment benefits. See Alabama Code 25-11-3
  • enrollee: An individual who is enrolled in a health maintenance organization. See Alabama Code 27-21A-1
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes corporation and foreign corporation; nonprofit corporation; for profit and nonprofit association; business trust; estate; partnership; limited liability company; trust; and two or more persons having a joint or common economic interest; and state, United States, and foreign government. See Alabama Code 10A-2-1.40
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • equity security: when used in this chapter, means any stock or similar security or any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security, or any such warrant or right or any other security which the commissioner shall deem to be of similar nature and consider necessary or appropriate, by such rules and regulations as he may prescribe in the public interest or for the protection of investors, to treat as an equity security. See Alabama Code 27-27-58
  • EQUIVALENT ACTUARIAL VALUE: The equivalent value when computed on the basis of the 1995 Buck Mortality Table (Male) for Members, the 1995 Buck Mortality Table (Female) for Beneficiaries, and an interest rate of seven percent per year, compounded annually. See Alabama Code 45-49A-63
  • escalator: An installation as defined as an escalator in ASME A17. See Alabama Code 25-13-2
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • ESTABLISHMENT DEALING IN OR PERMITTING THE CONSUMPTION OF ALCOHOLIC BEVERAGES: Any business establishment operating within the county whichsells, dispenses, or otherwise allows or permits the consumption of alcoholic beverages on the premises. See Alabama Code 45-35-20.03
  • EVIDENCE OF COVERAGE: Any certificate, agreement, or contract issued to an enrollee setting out the coverage to which he is entitled. See Alabama Code 27-21A-1
  • examination: Physical fitness evaluation to include annual or other physical examinations, physical fitness examinations, final physical examinations, or any other type of physical examinations as prescribed by the personnel board or the director to determine the physical fitness of initial applicants for employment within the classified service and the physical fitness of classified employees now assigned, to qualify physically for the positions they now occupy or expect to occupy within the classified service. See Alabama Code 45-35A-51.01
  • EXCEEDS AUTHORIZATION OF USE: Accessing a computer, computer network, or other digital device with actual or perceived authorization, and using such access to obtain or alter information that the accessor is not entitled to obtain or alter. See Alabama Code 13A-8-111
  • exception: A person, household, business, industry, or any property owner may store, haul, and dispose of his or her own solid wastes on his or her land or otherwise, provided such storage, haulage, or disposal is accomplished pursuant to a certificate of exception as provided by the state. See Alabama Code 45-43-170.03
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • EXISTING INSTALLATION: An installation as defined as an installation, existing in ASME A17. See Alabama Code 25-13-2
  • explosive: A chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property. See Alabama Code 13A-10-190
  • explosives: Any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units, or other ingredients, in such proportions or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property. See Alabama Code 8-17-241
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • FAIR MARKET VALUE: The fair and reasonable market value (or, if applicable, the current use value) of a commercial building or dwelling (as the case may be), as such value is appraised by the tax assessor or the State Department of Revenue pursuant to applicable provisions of the code, prior to the assessment thereof for purposes of state or county ad valorem taxation pursuant to Section 40-8-1. See Alabama Code 45-41-141
  • FALSELY ALTER: To "falsely alter" a written instrument means to change, without lawful authority, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, addition or transportation of matter, or in any other manner, so that the instrument so changed falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him. See Alabama Code 13A-9-1
  • FALSELY COMPLETE: To "falsely complete" a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without lawful authority, so that the completed written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him. See Alabama Code 13A-9-1
  • FALSELY MAKE: To "falsely make" a written instrument means to make or draw a complete written instrument in its entirety, or an incomplete written instrument, which purports to be authentic creation of its ostensible maker, but which is not either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof. See Alabama Code 13A-9-1
  • federal agency: means an agency of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of Section 4 of the Federal International Banking Act (12 U. See Alabama Code 5-13B-41
  • federal branch: means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of Section 4 of the federal International Banking Act (12 U. See Alabama Code 5-13B-41
  • Federal Deposit Insurance Act: means the Federal Deposit Insurance Act, as amended (12 U. See Alabama Code 5-13B-41
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • federal International Banking Act: means the federal International Banking Act of 1978, as amended (12 U. See Alabama Code 5-13B-41
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • felony: An offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. See Alabama Code 13A-10-190
  • FERROUS METALS: Any metals containing significant quantities of iron or steel, excluding motor vehicles purchased in accordance with Section 32-8-87. See Alabama Code 13A-8-30
  • Fiduciary: A trustee, executor, or administrator.
  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • FINAL AVERAGE SALARY: For a member who first became a uniformed officer prior to March 28, 1990, the average of the member's salary for his or her final 36 months of service and, for a member who first became a uniformed officer on or after March 28, 1990, the average of the member's salary for his or her final 60 months of service. See Alabama Code 45-49A-63
  • FINANCIAL CHARGE: A financial charge or assessment levied by the commission in accordance with the authorizing amendment and this part. See Alabama Code 45-41-141
  • FINANCIAL INSTRUMENT: Includes, but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof. See Alabama Code 13A-8-111
  • FIRE PROTECTION CORPORATION: Any public corporation, district, or authority that is:

    a. See Alabama Code 45-41-141

  • FIREWORKS SEASONS: The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks. See Alabama Code 8-17-210
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • food: All articles of food, drink, confectionery, or condiment, whether simple, mixed, or compound, used or intended for use by man or domestic animals. See Alabama Code 20-1-20
  • FOOD SALES ESTABLISHMENT: Retail and wholesale stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. See Alabama Code 20-1-20
  • FOOD STAMP OVERISSUANCE: The receipt by an individual of food stamp benefits in excess of the amount the individual is entitled to receive, as authorized under the Federal Food Stamp Act of 1977. See Alabama Code 25-11-3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See Alabama Code 5-13B-41
  • foreign corporation: as used in this division , shall mean:

    (1) Any bank or other corporation now or hereafter organized or existing under the laws of any state of the United States other than the State of Alabama; and

    (2) Any national banking association or other corporation organized under the laws of the United States having its principal place of business in any state of the United States other than Alabama. See Alabama Code 10A-2-15.40

  • Foreign corporation: means a business corporation incorporated under a law other than the law of this state. See Alabama Code 10A-2-1.40
  • FORGED INSTRUMENT: A written instrument which has been falsely made, completed or altered. See Alabama Code 13A-9-1
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Judicial Retirement Fund provided for in Chapter 18 of this title. See Alabama Code 12-17-227
  • fund: The assets of the plan held in trust by the board pursuant to Section 45-49A-63. See Alabama Code 45-49A-63
  • GARBAGE DISPOSAL: Garbage and rubbish containing garbage shall be disposed of by sanitary landfill, approved incineration, composting, or by other means now available or which may later become available as approved by the governing body. See Alabama Code 45-43-170.03
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • GENERAL ACCOUNT: All assets and liabilities of a protected cell captive insurance company not attributable to a protected cell. See Alabama Code 27-31B-2
  • GENERAL PROPERTY INSTRUMENT: A real property instrument that affects the title to personal property as well as real property. See Alabama Code 45-41-84.01
  • GENERAL PROPERTY INSTRUMENT: A real property instrument that affects the title to personal property as well as real property. See Alabama Code 45-18-82.51
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-41A-10.01
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-41A-40.01
  • government: Such term is defined as in Section 13A-8-1(5). See Alabama Code 13A-9-1
  • government: The United States, any state or any county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty. See Alabama Code 13A-8-1
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • GUARDIAN AD LITEM: A licensed attorney appointed by a juvenile court to protect the best interests of an individual without being bound by the expressed wishes of that individual. See Alabama Code 12-15-102
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • harm: Partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor's conduct. See Alabama Code 13A-8-111
  • haulage: Trucks or other vehicles engaged in the business of hauling garbage and rubbish which use public roads shall be so covered, secured, or sealed that there will be no loss during haulage to cause littering of county or municipal roads, streets, and highways, or cause a nuisance or hazard to the public health. See Alabama Code 45-43-170.03
  • HAZARDOUS FINANCIAL CONDITION: Based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to do either of the following:

    a. See Alabama Code 27-31A-2

  • HEAD OF DEPARTMENT OR OFFICES: Shall include but not be limited to the sheriff, tax assessor, tax collector, judge of probate, and county clerk. See Alabama Code 45-42-122.01
  • HEALTH CARE FACILITY: Such term shall include public health centers; rehabilitation centers; skilled nursing facilities; intermediate care facilities; general and specialized hospitals, including tuberculosis, psychiatric, long-term care and other types of hospitals, and related facilities such as laboratories, outpatient departments and clinics and central service facilities operated in connection with hospitals; organized ambulatory health care facilities, such as family planning clinics, facilities for surgical treatment of patients not requiring hospitalization and facilities located in or apart from a hospital for the diagnosis or treatment of disease, excluding the offices of private physicians; hemodialysis units; hospice services; and home health agencies operated in connection with a hospital. See Alabama Code 22-4-2
  • HEALTH CARE SERVICES: Any services included in the furnishing to any individual of medical or dental care, or hospitalization or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability. See Alabama Code 27-21A-1
  • HEALTH INSURANCE POLICY: Any individual, group, blanket, or franchise insurance policy, insurance agreement, or group hospital service contract providing benefits for dental care expenses incurred as a result of an accident or sickness. See Alabama Code 27-19A-2
  • HEALTH MAINTENANCE ORGANIZATION: Any person that undertakes to provide or arrange for basic health care services through an organized system which combines the delivery and financing of health care to enrollees. See Alabama Code 27-21A-1
  • HEALTH SERVICE AREA: A geographical area designated by the Governor as being appropriate for effective planning and development of health services. See Alabama Code 22-4-2
  • HEALTH SYSTEMS AGENCY: An entity which is organized and operated under the provisions of Title XV of the Public Health Service Act (42 U. See Alabama Code 22-4-2
  • HIGHLY COMPENSATED EMPLOYEE: An individual described in Section 414(q) of the code. See Alabama Code 45-49A-63
  • IDENTIFICATION DOCUMENT: Any document containing data that is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his or her identity or accessing his or her financial information or benefits. See Alabama Code 13A-8-111
  • IDENTIFYING INFORMATION: Specific details that can be used to access a person's financial accounts, obtain identification, or to obtain goods or services, including, but not limited to:

    a. See Alabama Code 13A-8-111

  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • IMPROVED INDEXING SYSTEM: A system of indexing real property instruments and personal property instruments in the probate office and, in the discretion of the judge of probate, of indexing other instruments and documents, which system when completed, shall consist of the equipment necessary and suitable to prepare and index records. See Alabama Code 45-41-84.01
  • IMPROVED RECORDING SYSTEM: A system of recording real property instruments and personal property instruments in the probate office and, in the discretion of the judge of probate, of recording other instruments and documents, which system when completed, shall consist of the equipment necessary and suitable to record, archive, and retrieve records. See Alabama Code 45-18-82.51
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • incendiary: A flammable or combustible liquid or compound with a flash point of 100 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device including, but not limited to, gasoline, kerosene, fuel oil, or a derivative of these substances. See Alabama Code 13A-10-190
  • INCOMPLETE WRITTEN INSTRUMENT: One which contains some matter by way of content or authentication, but which requires additional matter in order to render it a complete written instrument. See Alabama Code 13A-9-1
  • INCORPORATED CELL: A protected cell of an incorporated cell captive insurance company that is organized as a corporation or other legal entity separate from the incorporated cell captive insurance company. See Alabama Code 27-31B-2
  • INCORPORATED CELL CAPTIVE INSURANCE COMPANY: A protected cell captive insurance company that is established as a corporation or other legal entity separate from its incorporated cells that are also organized as separate legal entities. See Alabama Code 27-31B-2
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-41A-10.01
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-41A-40.01
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • indenture: A mortgage, an indenture of mortgage, deed of trust, trust agreement or trust indenture executed by the authority as security for bonds. See Alabama Code 4-3-40
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • INDUSTRIAL INSURED: As defined in subdivision (2) of Section 27-10-20. See Alabama Code 27-31B-2
  • INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY: Any company that insures risks of the industrial insureds that comprise the industrial insured group, and that may insure the risks of the affiliated companies of the industrial insureds and the risks of the controlled unaffiliated business of an industrial insured or its affiliated companies. See Alabama Code 27-31B-2
  • INDUSTRIAL INSURED GROUP: Any group that meets either of the following criteria:

    a. See Alabama Code 27-31B-2

  • INFANT FORMULA: A food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk. See Alabama Code 20-1-20
  • INPATIENT TREATMENT FOR ALCOHOLISM: Care provided in a licensed hospital and is normally limited to detoxification where severe medical or psychiatric complications are present or may be anticipated. See Alabama Code 27-20A-1
  • insolvent: A person who is unable to pay the person's debts as they become due in the usual course of business or affairs. See Alabama Code 10A-1-1.03
  • INSTITUTIONAL HEALTH SERVICES: The health services provided through health care institutions. See Alabama Code 22-4-2
  • insurance: Primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state. See Alabama Code 27-31A-2
  • insurer: Such term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 27-19A-2
  • insurer: Every insurer authorized in this state to issue contracts of accident and sickness insurance. See Alabama Code 27-21A-1
  • insurer: A health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, a health maintenance organization, or an entity offering a service benefit plan. See Alabama Code 27-21B-2
  • INTAKE OFFICER: A juvenile probation officer or an employee of the judicial branch of government, who is neutral and detached from executive and legislative branch activities, designated by the juvenile court judge to initiate original delinquency, dependency, and child in need of supervision cases, as well as cases designated in Section 12-15-132, before the juvenile court. See Alabama Code 12-15-102
  • INTEGRATED CIRCUIT CARD: Also known as a smart card or chip card, a pocket sized, plastic card with embedded integrated circuits used for data storage or special purpose processing used to validate personal identification numbers (PINs), authorize purchases, verify account balances and store personal records. See Alabama Code 13A-8-111
  • INTENT TO DEFRAUD: A purpose to use deception, as defined in Section 13A-8-1(1), or to injure another person's interest which has value, as defined in Section 13A-8-1(14). See Alabama Code 13A-9-1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interstate Banking and Branching Efficiency Act: means the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. See Alabama Code 5-13B-41
  • interstate branch: means a branch of a bank or a branch of a foreign bank, as the context may require, which is, or is to be, established after September 29, 1994, pursuant to the authority contained in the Interstate Banking and Branching Efficiency Act, outside the home state of the bank or foreign bank. See Alabama Code 5-13B-41
  • Intestate: Dying without leaving a will.
  • INTIMATE AREAS: Any portion of a person's body, whether or not covered by undergarments, that are traditionally covered by undergarments to protect that portion from public view, including genitals, pubic areas, buttocks, and female breasts. See Alabama Code 13A-11-40
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • ISSUING AUTHORITY: A municipality or other governmental entity authorized to issue permits and conduct the duties provided by this article. See Alabama Code 8-17-241
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity is required or permitted to deliver a filing instrument for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • JUDICIAL OFFICER: Any supreme court, appellate court, circuit court, district court, or municipal court judge or any magistrate of any court in this state. See Alabama Code 15-13-101
  • jurat: A clause wherein a notary public or other attesting officer authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments certifies that the subscriber has appeared before him and sworn to the truth of the contents thereof. See Alabama Code 13A-10-100
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • juror: Any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Alabama Code 13A-10-120
  • JUVENILE COURT: The juvenile or family court division of the circuit or district court having jurisdiction over matters as provided by this chapter. See Alabama Code 12-15-102
  • JUVENILE DETENTION FACILITY: Any facility owned or operated by the state, any county, or other legal entity licensed by and contracted with the Department of Youth Services for the detention of children. See Alabama Code 12-15-102
  • knowingly: means either actual awareness or should have reasonably known. See Alabama Code 6-5-155.1
  • label: A display of written, printed, or graphic matter upon the immediate container of any article. See Alabama Code 20-1-20
  • LABOR ORGANIZATION: As defined in Section 2(5) of the National Labor Relations Act (NLRA) as "any organization of any kind, or any agency or employer representation committee or plan in which employees participate and which exists for the purpose, in whole or in part of dealing with employers concerning grievances, labor disputes, wages, rate of pay, hours of employment or conditions of work. See Alabama Code 25-11-3
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • LAW ENFORCEMENT OFFICER: Any person, however denominated, who is authorized by law to exercise the police powers of the state, a county, or local governments. See Alabama Code 12-15-102
  • LAW ENFORCEMENT OFFICER: A duly constituted and certified peace officer of the State of Alabama or of any county or municipality within the state. See Alabama Code 13A-8-30
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • leave: A period of absence from work during which the member is entitled to a leave under the Family and Medical Leave Act of 1993 and its regulations (i) in order to care for the member's child following the birth of the child, (ii) because of the placement of a child with the member for adoption or foster care, (iii) because of a serious health condition that makes the member unable to perform his or her duties as a uniformed officer, or (iv) for purposes of caring for his or her child, spouse, or parent having a serious health condition. See Alabama Code 45-49A-63
  • Legacy: A gift of property made by will.
  • LEGAL CUSTODIAN: A parent, person, agency, or department to whom legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter has been awarded by order of the juvenile court or other court of competent jurisdiction. See Alabama Code 12-15-102
  • LEGAL CUSTODY: A legal status created by order of the juvenile court which vests in a legal custodian the right to have physical custody of a child under the jurisdiction of the juvenile court pursuant to this chapter and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, clothing, education, and medical care, all subject to the powers, rights, duties, and responsibilities of the legal guardian of the person of the child and subject to any residual parental rights and responsibilities. See Alabama Code 12-15-102
  • LEGAL GUARDIAN: A person who has been appointed by a probate court pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act, Chapter 2A (commencing with Section 26-2A-1) of Title 26 to be a guardian of a person under 19 years of age who has not otherwise had the disabilities of minority removed. See Alabama Code 12-15-102
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: An authorization issued pursuant to Section 8-17-247 that identifies persons eligible to do business as a blasting contractor or a quarry operator where explosives will be involved in blasting operations. See Alabama Code 8-17-241
  • license: A written license, duly issued by the administrator, authorizing a sole proprietor, firm, or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining or performing inspections of elevators or related conveyances covered by this chapter. See Alabama Code 25-13-2
  • licensee: An elevator mechanic, elevator contractor, or elevator inspector. See Alabama Code 25-13-2
  • limited branch: means a branch of a foreign bank that accepts only such deposits as would be permissible for a corporation organized under Section 25A of the Federal Reserve Act in accordance with the provisions of Section 5(a)(7) of the Federal International Banking Act (12 U. See Alabama Code 5-13B-41
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • livestock: Cattle, swine, sheep, goats, equine or equidae, ratites, and poultry. See Alabama Code 2-15-60
  • LIVESTOCK MARKET: A place, concentration or collection point, or other public or private place where a person shall assemble livestock for either public or private sale by him and such service or the cost or expense thereof is to be compensated for by the owner, on a commission basis or otherwise, or where such person purchases livestock for resale. See Alabama Code 2-15-60
  • LIVESTOCK MARKET: Any person engaged in the operation of a livestock market as defined in Section 2-15-60(6). See Alabama Code 2-15-81
  • livestock market: as used in this division shall mean livestock markets which are subject to the requirements of Division 1 of this article. See Alabama Code 2-15-90
  • manufacturer: Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama. See Alabama Code 8-17-210
  • manufacturing: The production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin or independent means of chemical synthesis, including any packaging or repackaging of the drug or labeling or relabeling of its container. See Alabama Code 6-5-155.1
  • manufacturing: The process of combining two or more components necessary to produce a destructive device, over-pressure device, explosive, detonator, or poison gas, with the exception of commercially manufactured reactive targets used for recreational shooting purposes, or manufactured under provisions set forth under a permit issued by the State Fire Marshal. See Alabama Code 13A-10-190
  • MASCULINE GENDER: Comprehends all other genders. See Alabama Code 45-35A-51.01
  • material: A statement is "material" regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. See Alabama Code 13A-10-100
  • MATERIAL ALTERATION: An alteration as defined in the referenced standards. See Alabama Code 25-13-2
  • MEDICAL BOARD: The board of physicians provided for in Section 36-27-23. See Alabama Code 12-17-227
  • MEDICAL FACILITIES PLAN: A plan, prepared by the State Board of Health with the advice and consultation of the Statewide Health Coordinating Council, which shall consider the medical facilities plans of the health systems agencies, and which shall establish an integrated and interrelated system of health care facilities which shall have as its objective the provision of readily accessible health care in all parts of the state. See Alabama Code 22-4-2
  • member: Any district attorney included in membership of the plan. See Alabama Code 12-17-227
  • member: Any person included in the membership of the plan, as provided in Subpart 2. See Alabama Code 45-49A-63
  • MEMBER ORGANIZATION: Any individual, corporation, limited liability company, partnership, association, or other entity that belongs to an association. See Alabama Code 27-31B-2
  • MEMBERSHIP SERVICE: Service as a district attorney on account of which contributions are made. See Alabama Code 12-17-227
  • merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

    (A) one or more surviving domestic entities or non-code organizations;

    (B) the creation of one or more new domestic entities or non-code organizations, or one or more surviving domestic entities or non-code organizations; or

    (C) one or more surviving domestic entities or non-code organizations and the creation of one or more new domestic entities or non-code organizations. See Alabama Code 10A-1-1.03

  • METAL PROPERTY: Metals as defined in this section as either ferrous or nonferrous metals. See Alabama Code 13A-8-30
  • minor: An individual who is under the age of 19 years and who is not a child within the meaning of this chapter. See Alabama Code 12-15-102
  • misbranded: Such term shall apply to all drugs or foods or articles which enter into the composition of food, the package or label of which shall bear or contain any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular and to any food or drug product which is falsely branded as to the state, territory, or country in which it is manufactured or produced. See Alabama Code 20-1-20
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for electric personal assistive mobility devices. See Alabama Code 32-1-1.1
  • MOVING WALK OR SIDEWALK: An installation as defined as a moving walk in ASME A17. See Alabama Code 25-13-2
  • MUNICIPAL CORPORATION: A corporation or other legal entity organized without stockholders. See Alabama Code 27-31B-2
  • municipality: Any of the incorporated municipal corporations of the state, whether classified as city or town. See Alabama Code 4-3-40
  • municipality: An incorporated city or town. See Alabama Code 45-41-141
  • MUTUAL INSURER: An incorporated captive insurer without capital stock and the governing body of which is elected from policyholders at the mutual members' annual meeting. See Alabama Code 27-31B-2
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • NATIONAL DIRECTORY OF NEW HIRES: A directory maintained at the federal level to receive certain data and information from the states as required pursuant to Section 453(i)(1) of the Social Security Act and other federal statutes. See Alabama Code 25-11-3
  • NEW HIRE: An individual who is employed by a particular employer for the first time. See Alabama Code 25-11-3
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • NONFERROUS METALS: Metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum other than aluminum cans, bronze, lead, zinc, nickel, stainless steel, and alloys thereof, including stainless steel beer kegs. See Alabama Code 13A-8-30
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • oath: Such term includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. See Alabama Code 13A-10-100
  • office: The State Fire Marshal's Office. See Alabama Code 8-17-241
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • OFFICIAL PROCEEDING: Any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath. See Alabama Code 13A-10-100
  • OPEN-DATE STATEMENT: The terms "Sell By"; "Freeze By"; "Sell or Freeze By"; "Not to be Sold After"; "Best if Used By"; "Expiration"; or other terms as defined by rules or regulations; or a date without additional words shall be considered an open-date statement. See Alabama Code 20-1-20
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
  • ORGANIZATIONAL DOCUMENTS: The documents that must be submitted pursuant to state law in order to legally form a business in this state, or to obtain a certificate of authority to transact business in the state. See Alabama Code 27-31B-2
  • OUT-OF-DATE: Any article with a label containing an open-date statement with a date affixed thereto which has passed. See Alabama Code 20-1-20
  • out-of-state bank: means a bank, the home state of which is a state other than Alabama. See Alabama Code 5-13B-41
  • out-of-state foreign bank: means a foreign bank, the home state of which is a state other than Alabama. See Alabama Code 5-13B-41
  • OUTPATIENT TREATMENT: Treatment rendered in a nonresidential setting and using an intermittent, periodic schedule of visits. See Alabama Code 27-20A-1
  • OVER-PRESSURE DEVICE: A frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage. See Alabama Code 13A-10-190
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: An individual, corporation, partnership, trust association, joint venture, or any other business entity, and the respective agents of the individuals or entities, in whom is vested all or any part of the title to the property alleged to be a drug-related nuisance. See Alabama Code 6-5-155.1
  • owner: A person owning one or more dwellings or commercial buildings. See Alabama Code 45-41-141
  • owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. See Alabama Code 45-41A-41.02
  • owner: When applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of the building or land. See Alabama Code 45-35-20.03
  • owner: A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property. See Alabama Code 13A-8-1
  • owner: A person, other than a lienholder, having the property in or title to a vehicle. See Alabama Code 32-1-1.1
  • owner: as used in this article , shall mean the person who owns, or has the exclusive license in the United States to reproduce or the exclusive license in the United States to distribute to the public copies of the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films, videocassettes or other articles now known or later developed on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or to authorize the recording of a live performance. See Alabama Code 13A-8-80
  • owner: An owner or lessee of a computer or a computer network, or an owner, lessee, or licensee of computer data, computer programs, or computer software. See Alabama Code 13A-8-111
  • parent: The legal mother or the legal father of a child under the jurisdiction of the juvenile court pursuant to this chapter. See Alabama Code 12-15-102
  • parent: An individual, corporation, limited liability company, partnership, association, or other entity that directly or indirectly owns, controls, or holds with power to vote more than 50 percent of the outstanding of any of the following:

    (1) Voting securities of a pure captive insurance company organized as a stock corporation. See Alabama Code 27-31B-2

  • participant: A person who has been approved for participation in the program. See Alabama Code 45-41-83.01
  • participant: An entity as defined in Section 27-31B-24, and any affiliates thereof, that are insured by a protected cell captive insurance company, where the losses of the participant are limited through a participant contract. See Alabama Code 27-31B-2
  • PARTICIPANT CONTRACT: A contract by which a protected cell captive insurance company insures the risks of a participant and limits the losses of each participant to its pro rata share of the assets of one or more protected cells identified in the participant contract. See Alabama Code 27-31B-2
  • partner: A limited partner or general partner. See Alabama Code 10A-1-1.03
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • PARTY OFFICER: A person who holds any position or office in a political party, whether by election, appointment or otherwise. See Alabama Code 13A-10-60
  • PARTY TO THE MERGER: A domestic entity or non-code organization that under a plan of merger is combined by a merger. See Alabama Code 10A-1-1.03
  • PECUNIARY BENEFIT: Benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. See Alabama Code 13A-10-60
  • pension: Payments for life derived from money provided by the employer. See Alabama Code 12-17-227
  • PERISHABLE FOOD PRODUCT OR COMMODITY: Any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a short period of time. See Alabama Code 6-5-621
  • permit: A municipal explosives use permit. See Alabama Code 8-17-241
  • permit: The written authority of the State Fire Marshal issued under the authority of this article. See Alabama Code 8-17-210
  • person: Any individual, organization, group, association, partnership, corporation, trust, or any combination of them. See Alabama Code 13A-9-70
  • person: Any individual, partnership, corporation, business, trust, or other legal entity. See Alabama Code 13A-9-110
  • person: Any individual, partnership, corporation, association, or other legal entity or organization. See Alabama Code 2-15-60
  • person: Any individual, partnership, corporation, association or other business unit. See Alabama Code 2-15-81
  • person: A human being, and where appropriate, a public or private corporation, an unincorporated corporation, a partnership, a government or a governmental instrumentality, or a private organization, association, coalition, federation, and its officers or spokespersons. See Alabama Code 13A-11-152
  • person: Such term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 27-19A-2
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • person: Any natural or artificial person including, but not limited to, individuals, partnerships, associations, trusts, or corporations. See Alabama Code 27-21A-1
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. See Alabama Code 45-41A-10.01
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. See Alabama Code 45-41A-40.01
  • person: Includes all associations, clubs, societies, firms, partnerships, and bodies politic and corporate, as well as individuals or groups of individuals, and includes any trustee, receiver, assignee, or similar representative thereof. See Alabama Code 45-35-20.03
  • person: An individual, partnership, corporation, or association or any combination thereof. See Alabama Code 20-1-20
  • person: An individual, partnership, corporation, joint venture, trust, association, or any other legal entity. See Alabama Code 13A-8-30
  • person: An individual, sole proprietorship, business, partnership, corporation, limited liability company, association, firm, or any other form of legally recognized entity. See Alabama Code 25-14-3
  • person: Every natural person, firm, copartnership, association, or corporation. See Alabama Code 32-1-1.1
  • person: Includes any corporation, association, copartnership or one or more individuals. See Alabama Code 8-17-210
  • PERSONAL IDENTIFICATION CARD: A driver's license or identification card issued by the Alabama State Law Enforcement Agency or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U. See Alabama Code 13A-8-30
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • PERSONAL PROPERTY: Every species of property except real property. See Alabama Code 45-35-20.03
  • PERSONAL PROPERTY INSTRUMENT: Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter titled for record in the probate office, in accordance with the applicable requirements of the law of this state, including and particularly Sections 34-4-50 and 34-4-90. See Alabama Code 45-41-84.01
  • PERSONAL PROPERTY INSTRUMENT: Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35-4-50 and 35-4-90. See Alabama Code 45-18-82.51
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • pharmacy: Any building, warehouse, physician's office, hospital, pharmaceutical house or other structure used in whole or in part for the sale, storage and/or dispensing of any controlled substance as defined in Section 20-2-2 as amended. See Alabama Code 13A-8-51
  • PHARMACY ROBBERY: A person commits the offense of "pharmacy robbery" under this article if in the course of committing a theft of any controlled substance as defined in Section 20-2-2 such person violates Section 13A-8-41. See Alabama Code 13A-8-51
  • photograph: A still photographic image, including an image captured in digital format, which is of such quality that the persons and objects depicted are identifiable. See Alabama Code 13A-8-30
  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic-control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-41A-41.02
  • PICK-UP ORDER: In any case before the juvenile court, an order directing any law enforcement officer or other person authorized by this chapter to take a child into custody and to deliver the child to a place of detention, shelter, or other care designated by the juvenile court. See Alabama Code 12-15-102
  • plan: The District Attorneys' Plan provided for in Section 12-17-227. See Alabama Code 12-17-227
  • plan: The City of Mobile, Alabama, Police and Firefighters Retirement Plan, as provided for in this part. See Alabama Code 45-49A-63
  • PLAN OF CONVERSION: That written document containing all the information and meeting the requirements as set forth in Section 5-7A-62(1). See Alabama Code 5-7A-61
  • PLAN YEAR: The 12-month period beginning on any October 1. See Alabama Code 45-49A-63
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • POISON GAS: A toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings. See Alabama Code 13A-10-190
  • POLITICAL ORGANIZATION: A party, committee, association, fund, or other organization, whether or not incorporated, which is organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function pursuant to 26 U. See Alabama Code 13A-9-70
  • POLITICAL SUBDIVISION: Any municipality, city, town, village or county. See Alabama Code 4-6-2
  • POTENTIALLY HAZARDOUS FOOD: A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum or the growth of Salmonella Enteritidis. See Alabama Code 20-1-20
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Alabama Code 10A-2-1.40
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-41A-10.01
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-41A-40.01
  • PRIVATE RESIDENCE: A separate dwelling or a separate apartment in a multiple dwelling which is occupied by members of a single-family unit. See Alabama Code 25-13-2
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • probation: The legal status created by order of the juvenile court following an adjudication of delinquency or in need of supervision whereby a child is permitted to remain in a community subject to supervision and return to the juvenile court for violation of probation at any time during the period of probation. See Alabama Code 12-15-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • PROFESSIONAL BAIL COMPANY: A person, individual proprietor, partnership, corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration. See Alabama Code 15-13-101
  • PROFESSIONAL BONDSMAN: An individual person or agent employed by a professional surety company or professional bail company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company or a professional bail company. See Alabama Code 15-13-101
  • PROFESSIONAL EMPLOYER ORGANIZATION: A person engaged in the business of providing professional employer services through one or more professional employer organization arrangements. See Alabama Code 25-14-3
  • PROFESSIONAL EMPLOYER ORGANIZATION ARRANGEMENTS: An arrangement under contract where an employee of a professional employer organization is assigned or leased, or both, to work at a client company. See Alabama Code 25-14-3
  • PROFESSIONAL EMPLOYER SERVICES: The service of entering into relationships under this chapter in which all or a majority of the employees providing services to a client or to a division or work unit of clients are covered employees. See Alabama Code 25-14-3
  • PROFESSIONAL FUND RAISER: Any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this state for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself or herself out to persons in this state as independently engaged in the business of soliciting contributions for such purposes. See Alabama Code 13A-9-70
  • PROFESSIONAL SOLICITOR: Any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes in this state. See Alabama Code 13A-9-70
  • PROFESSIONAL SURETY COMPANY: An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Alabama Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the State of Alabama. See Alabama Code 15-13-101
  • program: The Lee County Alternative Sentencing Program. See Alabama Code 45-41-83.01
  • project: Interest in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, general business, and employment opportunities in the downtown development area. See Alabama Code 45-41A-10.01
  • project: Interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area. See Alabama Code 45-41A-40.01
  • PROMOTIONAL REGISTER: Typewritten lists containing the names of those classified employees, presently assigned, who have successfully passed mental tests for promotion to higher positions within the classified service and which names are listed in the order of final grades attained on such tests from the highest grade attained to the lowest grade attained. See Alabama Code 45-35A-51.01
  • property: Such term is defined as in Section 13A-8-1(10). See Alabama Code 13A-9-1
  • property: Tangible real property, or an interest in real property, including an interest in any leasehold, license, or real estate, including any house, apartment building, condominium, cooperative, office building, store, restaurant, tavern, nightclub, or warehouse, and the land extending to the boundaries of the lot upon which the structure is situated, and anything growing on, affixed to, or found on the land. See Alabama Code 6-5-155.1
  • property: Real or personal property of any kind including money, choses in action, and other similar interests in property. See Alabama Code 13A-10-190
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
  • property: Any money, tangible or intangible personal property, property (whether real or personal) the location of which can be changed (including things growing on, affixed to, or found in land and documents, although the rights represented hereby have no physical location), contract right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing of value of any kind. See Alabama Code 13A-8-1
  • property: Includes a financial instrument, data, databases, data while in transit, computer software, computer programs, documents associated with computer systems and computer programs, or copies whether tangible or intangible. See Alabama Code 13A-8-111
  • PROSECUTING ATTORNEY: The Attorney General, district attorney, or county, municipal, or private attorney bringing a drug-related nuisance action. See Alabama Code 6-5-155.1
  • PROTECTED CELL: A separate account established by a protected cell captive insurance company formed or licensed under this chapter, in which an identified pool of assets and liabilities is segregated and insulated by means of this chapter from the remainder of the protected cell captive insurance company's assets and liabilities in accordance with the terms of one or more participant contracts to fund the liability of the protected cell captive insurance company, with respect to the participants as set forth in the participant contracts. See Alabama Code 27-31B-2
  • PROTECTED CELL ASSETS: All assets, contract rights, and general intangibles identified with and attributable to a specific protected cell of a protected cell captive insurance company. See Alabama Code 27-31B-2
  • PROTECTED CELL CAPTIVE INSURANCE COMPANY: Any captive insurance company meeting all of the following:

    a. See Alabama Code 27-31B-2

  • PROTECTED CELL LIABILITIES: All liabilities and other obligations identified with and attributed to a specific protected cell of a protected cell captive insurance company. See Alabama Code 27-31B-2
  • provider: Any physician, hospital, or other person which is licensed or otherwise authorized in this state to furnish health care services. See Alabama Code 27-21A-1
  • PUBLIC BUILDING: A structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to, structures owned, operated, or leased by the state, the United States, any of the several states, or a foreign nation or any political subdivision or authority thereof; a religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association. See Alabama Code 13A-10-190
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • PUBLIC HEARING: A meeting of the board open to the public, where any citizen, taxpayer, or other interested party may appear and be heard, subject to the duly adopted rules and regulations. See Alabama Code 45-35A-51.01
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • PUBLIC RECORD: A record which the members of the public shall have the right to inspect, within reason and during ordinary business hours. See Alabama Code 45-35A-51.01
  • PUBLIC SERVANT: As used in this article, such term includes persons who presently occupy the position of a public servant, as defined in Section 13A-10-1(7), or have been elected, appointed or designated to become a public servant although not yet occupying that position. See Alabama Code 13A-10-60
  • PURCHASE TRANSACTION: A transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property. See Alabama Code 13A-8-30
  • PURCHASING GROUP: Any group which meets all of the following:

    a. See Alabama Code 27-31A-2

  • PURE CAPTIVE INSURANCE COMPANY: Any company that insures risks of its parent and affiliated companies or controlled unaffiliated business or businesses. See Alabama Code 27-31B-2
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • REAL PROPERTY: Includes lands, tenements, and hereditaments. See Alabama Code 45-35-20.03
  • REAL PROPERTY INSTRUMENT: Includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including, without limitation, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing the subdivision of real estate. See Alabama Code 45-18-82.51
  • REAL PROPERTY INSTRUMENT: Includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including but without limitation to, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing subdivisions of real estate. See Alabama Code 45-41-84.01
  • recall: An individual who was temporarily separated from an employer but who is called back to work for that same employer. See Alabama Code 25-11-3
  • receiving: Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property. See Alabama Code 13A-8-1
  • Recess: A temporary interruption of the legislative business.
  • Record date: means the date established under Article 6 or 7 on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. See Alabama Code 10A-2-1.40
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • reencoder: An electronic device that places encoded information from the magnetic strip, integrated circuit, RFID tag of an identification document onto the magnetic strip, integrated circuit, or RFID tag of a different identification document. See Alabama Code 13A-8-111
  • registrant: A person or entity registered as a professional employer organization under this chapter or renewing a registration under this chapter. See Alabama Code 25-14-3
  • registration: The registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles. See Alabama Code 32-1-1.1
  • REGULAR INTEREST: Interest compounded annually at the rate determined by the Board of Control. See Alabama Code 12-17-227
  • rehire: An individual who was separated from an employer on other than a temporary basis but who is returning to work for that same employer. See Alabama Code 25-11-3
  • RELIGIOUS ORGANIZATION: Any society, sect, persuasion, mission, church, parish, congregation, temple, convention, or association of any of the foregoing, diocese or presbytery, or other organization, whether or not incorporated, or any employee thereof, no part of the net earnings of which inures to the benefit of any private party or individual associated with such an organization and that otherwise qualifies as an exempt organization under Section 501(c)(3) of Title 26, United States Code, as amended. See Alabama Code 13A-9-70
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • repair: A repair as defined in the referenced standards and which does not require a permit. See Alabama Code 25-13-2
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • REQUIRED OR AUTHORIZED BY LAW: An oath is "required or authorized by law" when the use of the oath is provided for by statute or municipal ordinance. See Alabama Code 13A-10-100
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • residence: A single or multiple family dwelling including, but not limited to, a single-family home, apartment building, condominium, duplex, townhouse, or mobile home which is used or intended to be used by its occupants as their dwelling place. See Alabama Code 13A-9-110
  • RESIDENTIAL FACILITY: A dwelling, other than a detention or shelter care facility, providing living accommodations, care, treatment, and maintenance for children, including, but not limited to, institutions, foster family homes, group homes, half-way houses, and forestry camps operated, accredited, or licensed by a federal or state department or agency. See Alabama Code 12-15-102
  • residing: as used in this article , shall mean any person who remains within any county in the state for a period of more than 24 hours and maintains or uses sleeping quarters anywhere within the county. See Alabama Code 13A-11-180
  • RESIDUAL PARENTAL RIGHTS AND RESPONSIBILITIES: Those rights and responsibilities remaining with a parent after a transfer of legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter, including, but not necessarily limited to, the right of visitation, the right to withhold consent to adoption, the right to determine religious affiliation, and the responsibility for support, unless determined by order of the juvenile court not to be in the best interests of the child. See Alabama Code 12-15-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • RESULTING BANK: The state chartered bank that results from conversion of a savings institution to a state chartered bank pursuant to this article. See Alabama Code 5-7A-61
  • retailer: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during a calendar year from January 1 through December 31. See Alabama Code 8-17-210
  • retirement: Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this division. See Alabama Code 12-17-227
  • RETIREMENT ALLOWANCE: The sum of the annuity and the pension. See Alabama Code 12-17-227
  • RETIREMENT SYSTEM: The Employees' Retirement System of Alabama as defined in Section 36-27-2. See Alabama Code 12-17-227
  • RISK RETENTION GROUP: Any corporation or other limited liability association which meets all of the following:

    a. See Alabama Code 27-31A-2

  • roster: A typewritten list showing the names of persons employed in the classified service by departments and the position occupied by each employee concerned. See Alabama Code 45-35A-51.01
  • RULES AND REGULATIONS: A prescribed course of procedure adopted by the board to promote the administration of this part and the system hereby created. See Alabama Code 45-35A-51.01
  • sale: An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each such transaction made by any person, whether as principal proprietor, salesman, agent, association, copartnership, or one or more individuals. See Alabama Code 8-17-210
  • SAVINGS INSTITUTION: A savings and loan association or savings bank organized under the laws of this state or organized under the laws of the United States and having its principal place of business in this state, whether a "capital stock saving institution" which is authorized to issue capital stock, or a "mutual savings institution" shares of which are owned by its members. See Alabama Code 5-7A-61
  • SCANNING DEVICE: A scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip, integrated circuit, or RFID tag of an identification document. See Alabama Code 13A-8-111
  • SCHEDULE OF CHARGES: A statement of the method used by a health maintenance organization to establish rates. See Alabama Code 27-21A-1
  • SEASONAL RETAILER: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands. See Alabama Code 8-17-210
  • SECONDARY METALS RECYCLER: Any person, whether licensed or not licensed, who is engaged, from a fixed location or otherwise, in the business of paying compensation for ferrous or nonferrous metals, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. See Alabama Code 13A-8-30
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 10A-2-1.40
  • secretary: The Secretary of the State of Alabama, Department of Labor. See Alabama Code 25-11-3
  • secretary: The Secretary of the Alabama Department of Labor. See Alabama Code 25-14-3
  • SECRETARY OF AGRICULTURE: The Secretary of the Federal Department of Agriculture. See Alabama Code 25-11-3
  • SECRETARY OF HEALTH AND HUMAN SERVICES: The Secretary of the Federal Department of Health and Human Services. See Alabama Code 25-11-3
  • SECRETARY OF LABOR: The Secretary of the Federal Department of Labor. See Alabama Code 25-11-3
  • SECURE CUSTODY: As used with regard to juvenile detention facilities and the Department of Youth Services, this term means residential facilities with construction features designed to physically restrict the movements and activities of persons in custody such as locked rooms and buildings, including rooms and buildings that contain alarm devices that prevent departure; fences; or other physical structures. See Alabama Code 12-15-102
  • seismograph: An instrument designed to measure and record the surface vibrations produced by blasting in three mutually perpendicular (transverse, vertical, and longitudinal) directions. See Alabama Code 8-17-241
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • service: Service recognized in accordance with Subpart 3 for purposes of determining a member's eligibility for a benefit under the plan and the amount of that benefit. See Alabama Code 45-49A-63
  • SERVICE AREA: The geographic area or areas in which a fire protection corporation is authorized, whether by statute, by its certificate of incorporation, or similar corporate charter (as such may from time to time be amended), or otherwise, to provide or render fire protection, fire prevention, and related services, as such area or areas may from time to time exist. See Alabama Code 45-41-141
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: Such term is defined as in Section 13A-8-10(b). See Alabama Code 13A-9-1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 10A-2-1.40
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 10A-2-1.40
  • SHELTER CARE: The temporary care of children in group homes, foster care, relative placement, or other nonpenal facilities. See Alabama Code 12-15-102
  • shopping cart: when used in this article, shall mean those pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store. See Alabama Code 13A-8-60
  • SHORT TERM RESIDENTIAL ALCOHOLISM TREATMENT FACILITY: A state certified facility which provides structured programs of intensive treatment services for people addicted to alcohol. See Alabama Code 27-20A-1
  • SOCIAL SECURITY ACT: The Federal Social Security Act. See Alabama Code 25-11-3
  • SOLID WASTE OFFICER: Any county official or county employee designated by the county commission to exercise the authority and perform the duties delegated by this article to such official. See Alabama Code 45-43-170.03
  • SPECIAL FIREWORKS: All articles of fireworks that are classified as Class B explosives in the regulations of the U. See Alabama Code 8-17-210
  • sponsor: Any person or entity that is approved by the commissioner to organize and operate a protected cell captive insurance company. See Alabama Code 27-31B-2
  • STANDARD OF PURITY OR QUALITY: The standard of purity and quality fixed by the State Board of Agriculture and Industries. See Alabama Code 20-1-50
  • STANDARD OF PURITY OR QUALITY: The standards of purity for food products promulgated by the State Board of Agriculture and Industries and by statutes of this state. See Alabama Code 20-1-20
  • state: The State of Alabama. See Alabama Code 4-3-40
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • state: The State of Alabama. See Alabama Code 45-41-141
  • state: Any state of the United States or the District of Columbia. See Alabama Code 27-31A-2
  • state: The State of Alabama. See Alabama Code 45-41A-10.01
  • state: The State of Alabama. See Alabama Code 45-41A-40.01
  • state: The State of Alabama. See Alabama Code 25-11-3
  • state: includes any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Alabama Code 13A-8-1
  • state: A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada. See Alabama Code 32-1-1.1
  • STATE BOARD OF HEALTH: The statutory agency of the State of Alabama operative in the field of general health matters and performing the duties and exercising the powers as set forth in the statutory provisions relating thereto. See Alabama Code 22-4-2
  • STATE CHARTERED BANK: A bank the same as if such bank were incorporated, chartered and permitted to do business, all as provided in Section 5-5A-1 et seq. See Alabama Code 5-7A-61
  • STATE DIRECTORY OF NEW HIRES: A directory containing the name, address, Social Security number, and date of hire of each newly hired, recalled, or rehired individual, as reported by employers to the Department of Labor. See Alabama Code 25-11-3
  • STATE FIRE MARSHAL: The State Fire Marshal who is appointed by the Commissioner of Insurance pursuant to Section 27-2-10. See Alabama Code 13A-10-190
  • STATE HEALTH OFFICER: The executive officer of the State Department of Public Health. See Alabama Code 27-21A-1
  • STATE HEALTH PLAN: A comprehensive plan, prepared by the State Board of Health and approved or disapproved by the Statewide Health Coordinating Council and which shall include the health systems plans developed by the health systems agencies, for the development of health programs and resources to assure that quality health services will be available and accessible in a manner which assures continuity of care, at reasonable cost, for all residents of the state. See Alabama Code 22-4-2
  • STATEWIDE HEALTH COORDINATING COUNCIL: The advisory council established pursuant to this article which shall advise the State Board of Health on matters relating to health planning and resource development. See Alabama Code 22-4-2
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • stolen: Obtained by theft, theft by appropriating lost property, robbery, or extortion. See Alabama Code 13A-8-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Alabama Code 10A-2-1.40
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • subscription: An agreement between a subscriber and an entity, or a written offer made by a subscriber to an entity before or after the entity's formation, in which the subscriber agrees or offers to purchase a specified ownership interest in the entity. See Alabama Code 10A-1-1.03
  • subsidiary: An entity or organization at least 50 percent of:

    (A) the ownership or membership interest of which is owned by a parent entity or parent organization; or

    (B) the voting power of which is possessed by a parent entity or parent organization. See Alabama Code 10A-1-1.03

  • superintendent: means the superintendent then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 5-13B-41
  • superintendent: The Superintendent of Banks for the State of Alabama. See Alabama Code 5-7A-61
  • SUPERNUMERARY DISTRICT ATTORNEY: A supernumerary district attorney who has elected to come under the provisions and requirements of Division 2 of this article. See Alabama Code 12-17-227
  • SURPLUS NOTE: An unsecured subordinated debt obligation deemed to be a surplus certificate under terms acceptable to the commissioner. See Alabama Code 27-31B-2
  • TAX ASSESSOR: The tax assessor of the county. See Alabama Code 45-41-141
  • TAX COLLECTOR: The tax collector of the county. See Alabama Code 45-41-141
  • TEMPORARY EMPLOYEE: A person employed either through a staffing service or directly by an employer to support or supplement the existing work force in special situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects with the expectation that the position of the person shall be terminated upon the completion of the task or function. See Alabama Code 25-14-3
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • tenant: A person who resides in or occupies property belonging to another person pursuant to a lease agreement, or pursuant to a tenancy under the common law. See Alabama Code 6-5-155.1
  • Testator: A male person who leaves a will at death.
  • testimony: Such term includes oral or written statements, documents or any other material that may be offered as evidence in an official proceeding. See Alabama Code 13A-10-120
  • tests: Written, oral, or other methods of evaluation established by the board or director, to determine the merit, aptitude, knowledge of the job, and general qualifications, other than physical, of applicants to fill initial positions within the classified service, or for the promotion of those classified employees presently assigned to higher positions within the classified service, or for the purpose of reclassification or transfer of such employees into new or existing positions within the classified service. See Alabama Code 45-35A-51.01
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • traffic sign: shall mean any traffic sign, traffic signal, warning sign, guideboard, milepost, road marker, emergency telephone sign, or any similar sign, signal, or device used by the state or any political subdivision of the state on the highways, roads, bridges, or streets of this state for the warning, instruction, or information of the public. See Alabama Code 13A-8-70
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, 32-5A-32, or 32-5A-35, or any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic-control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-41A-41.02
  • TRAFFIC-CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1. See Alabama Code 45-41A-41.02
  • TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city, who alternatively:

    a. See Alabama Code 45-41A-41.02

  • treasurer: The county treasurer of the county. See Alabama Code 45-41-141
  • Treasury shares: means shares of a corporation that have been issued, have been subsequently acquired by and belong to the corporation, and have not been canceled or restored to the status of authorized but unissued shares. See Alabama Code 10A-2-1.40
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • Trustee: A person or institution holding and administering property in trust.
  • UNCOVERED EXPENDITURES: The costs of health care services that are covered by a health maintenance organization, for which an enrollee would also be liable in the event of the organization's insolvency. See Alabama Code 27-21A-1
  • undergarments: Articles of clothing worn under clothing that conceal intimate areas from view. See Alabama Code 13A-11-40
  • UNEMPLOYMENT COMPENSATION: Any compensation payable under Section 25-4-1 et seq. See Alabama Code 25-11-3
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • UNIFORMED OFFICER: A person employed by the city's police department or fire department as a police officer or firefighter, as the case may be, who (i) is certified as a police officer or firefighter by the State of Alabama, (ii) is in training to be certified by the State of Alabama as a police officer or firefighter, (iii) is employed by the city's police department or fire department other than as a certified police officer or firefighter and who was a participant in the plan immediately preceding October 1, 1997, or (iv) is in the police or fire cadet program. See Alabama Code 45-49A-63
  • UNIT OF PROPERTY: Any dwelling or commercial building, together with the real property on which it is situated or to which it is appurtenant. See Alabama Code 45-41-141
  • United States: when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States. See Alabama Code 5-13B-41
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • utter: means to directly or indirectly offer, assert, declare or put forth a forged instrument as genuine. See Alabama Code 13A-9-1
  • value: The market value of the property at the time and place of the criminal act. See Alabama Code 13A-8-1
  • vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or electric personal assistive mobility devices; provided, that for the purposes of this title, a bicycle or a ridden animal shall be deemed a vehicle, except those provisions of this title, which by their very nature can have no application. See Alabama Code 32-1-1.1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • VERIFIABLE DOCUMENTATION: Written evidence of ownership which may be verified, including, but not limited to, receipts, bills of sale, titles, certificates of title, purchase agreements, shipping manifests, work orders, etc. See Alabama Code 13A-8-30
  • VIOLENT OFFENSE: An offense or charge as defined in subdivision (14) of Section 12-25-32, to also include chemical endangerment of a child pursuant to Section 26-15-3. See Alabama Code 45-41-83.01
  • virus: Means an unwanted computer program or other set of instructions inserted into a computer's memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files. See Alabama Code 13A-8-111
  • VOLUNTEER FIRE DEPARTMENT: Any volunteer fire department with which the commission, pursuant to Amendment 392, may enter into an agreement or agreements with respect to providing fire protection, fire prevention, and related services and facilities within the county. See Alabama Code 45-41-141
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Alabama Code 10A-2-1.40
  • WAGE INFORMATION: Data related to the compensation an individual receives for employment, including wages paid to the individual, the individual's Social Security number, and the name, address, state and federal employer identification numbers of the individual's employer. See Alabama Code 25-11-3
  • WEAPONS OF MASS DESTRUCTION: Include any of the following:

    a. See Alabama Code 13A-10-190

  • WEB PAGE: A location that has a single uniform resource locator or other single location with respect to the Internet. See Alabama Code 13A-8-111
  • wholesaler: Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail. See Alabama Code 8-17-210
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • WRITTEN INSTRUMENT: Such term means:

    a. See Alabama Code 13A-9-1