Chapter 1 GENERAL PROVISIONS 11-1-1 – 11-1-17
Chapter 2 BONDS OF COUNTY OFFICERS, EMPLOYEES, ETC., GENERALLY 11-2-1 – 11-2-34
Chapter 2A COMPENSATION OF COUNTY OFFICIALS 11-2A-1 – 11-2A-8
Chapter 3 COUNTY COMMISSION 11-3-1 – 11-3-62
Chapter 3A ALABAMA LIMITED SELF-GOVERNANCE ACT 11-3A-1 – 11-3A-7
Chapter 4 TREASURER OR DEPOSITORY 11-4-1 – 11-4-50
Chapter 5 CORONER 11-5-50 – 11-5-36
Chapter 6 ENGINEER 11-6-1 – 11-6-25
Chapter 7 SURVEYORS 11-7-1 – 11-7-12
Chapter 8 FINANCIAL AFFAIRS GENERALLY 11-8-1 – 11-8-17
Chapter 8A COUNTY BOND FINANCING REVIEW 11-8A-1 – 11-8A-5
Chapter 9 WARRANTS FOR UTILITY PURPOSES 11-9-1 – 11-9-28
Chapter 10 MAKING OF LOANS IN ANTICIPATION OF TAXES 11-10-1 – 11-10-6
Chapter 11 ISSUING OF WARRANTS IN ANTICIPATION OF GASOLINE TAXES 11-11-1 – 11-11-8
Chapter 11A WARRANTS ISSUED IN ANTICIPATION OF AD VALOREM TAXES 11-11A-1 – 11-11A-5
Chapter 11B SECURITIES ISSUED IN ANTICIPATION OF GRANTS 11-11B-1 – 11-11B-8
Chapter 12 CLAIMS AND DEMANDS AGAINST COUNTY 11-12-1 – 11-12-16
Chapter 13 CODIFICATION AND PUBLICATION OF LAWS 11-13-1 – 11-13-6
Chapter 14 ACQUISITION, ERECTION, MAINTENANCE, ETC., OF BUILDINGS, PROPERTY, ROADS, ETC., GENERALLY 11-14-1 – 11-14-24
Chapter 15 PUBLIC BUILDING AUTHORITIES 11-15-1 – 11-15-19
Chapter 16 RELOCATION OF COUNTY SEATS AND ERECTION OF NEW COURTHOUSES 11-16-1 – 11-16-40
Chapter 17 BURIAL PLACES, GRAVEYARDS AND CEMETERIES 11-17-1 – 11-17-16
Chapter 18 ACQUISITION, ETC., OF LANDS FOR PUBLIC PURPOSES, ETC 11-18-1 – 11-18-24
Chapter 19 COMPREHENSIVE LAND-USE MANAGEMENT IN FLOOD-PRONE AREAS 11-19-1 – 11-19-24
Chapter 20 PROMOTION OF INDUSTRY AND TRADE 11-20-1 – 11-20-81
Chapter 21 ACQUISITION OF WATERWORKS PLANTS OR DISTRIBUTION SYSTEMS 11-21-1 – 11-21-4
Chapter 22 PUBLIC PARK AND RECREATION BOARDS 11-22-1 – 11-22-19
Chapter 23 INDUSTRIAL PARKS 11-23-1 – 11-23-8
Chapter 24 REGULATION OF SUBDIVISIONS 11-24-1 – 11-24-7
Chapter 25 COUNTY LAW LIBRARIES 11-25-1 – 11-25-13
Chapter 26 SELF-INSURANCE FOR COMPENSATION, HOSPITALIZATION, ETC.; BENEFITS 11-26-1 – 11-26-6
Chapter 27 COMMUNITY ANTENNA TELEVISION FACILITIES 11-27-1 – 11-27-3
Chapter 28 WARRANTS FOR PUBLIC CONSTRUCTION 11-28-1 – 11-28-7
Chapter 29 COUNTY GOVERNMENT CAPITAL IMPROVEMENT 11-29-1 – 11-29-7
Chapter 30 LIABILITY SELF-INSURANCE FUNDS 11-30-1 – 11-30-7
Chapter 31 RADIO/ALERT NOTIFICATION COMMUNICATIONS DISTRICTS 11-31-1 – 11-31-4
Chapter 32 PUBLIC TRANSPORTATION IN COUNTIES HAVING POPULATION OF 600,000 OR MORE 11-32-1 – 11-32-33

Terms Used In Alabama Code > Title 11 > Title 1 - Provisions Applicable to Counties Only

  • ABLE PROGRAM: The Achieving a Better Life Experience Program established pursuant to this chapter and defined in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to assist individuals and families to save private funds to support individuals with disabilities to maintain health, independence, and quality of life. See Alabama Code 16-33C-3
  • ABLE SAVINGS ACCOUNT: An individual ABLE trust fund account established by a contributor pursuant to this chapter to apply distributions from the account toward qualified disability expenses for an eligible designated beneficiary, both terms as defined in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law. See Alabama Code 16-33C-3
  • ABLE TRUST FUND: The fiduciary trust fund established pursuant to this chapter comprised of separate and segregated ABLE savings accounts as established by savings agreements. See Alabama Code 16-33C-3
  • Account: means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;

    (2) "Afternoon" means the period of a day between noon and midnight;

    (3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions;

    (4) "Clearing house" means an association of banks or other payors regularly clearing items;

    (5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;

    (6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (Section 7-8-102) or instructions for uncertificated securities (Section 7-8-308), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;

    (7) "Draft" means a draft as defined in Section 7-3-104 or an item, other than an instrument, that is an order;

    (8) "Drawee" means a person ordered in a draft to make payment;

    (9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Alabama Code 7-4-104

  • ACCOUNTING PERIOD: A calendar year unless another 12-month period is selected by a fiduciary. See Alabama Code 19-3A-102
  • ACCREDITED FACILITY: A facility where prosthetic, orthotic, prosthetic and orthotic, or pedorthic care is provided to patients needing such care and has met the requirements of the board for such designation. See Alabama Code 34-25A-3
  • ACCREDITED PEDORTHIC FACILITY: A facility where pedorthic care may be provided that has met the requirements of the board for such designation. See Alabama Code 34-25A-3
  • ACES ADMINISTRATIVE FUND: The ACES Administrative Fund created in Section 16-33C-10. See Alabama Code 16-33C-3
  • ACES PROGRAM: The Alabama Comprehensive Education Savings Program, a qualified tuition program established pursuant to this chapter and as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to assist individuals and families to save funds for the purpose of meeting the qualified higher education expenses of the designated beneficiary, as those terms are defined and used in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law. See Alabama Code 16-33C-3
  • ACES SAVINGS ACCOUNT: An individual ACES account held in the ACES Trust Fund established by a contributor pursuant to this chapter in order to apply distributions from the account toward qualified higher education expenses for an eligible designated beneficiary, as those terms are defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law. See Alabama Code 16-33C-3
  • ACES TRUST FUND: The fiduciary trust fund created in Section 16-33C-10. See Alabama Code 16-33C-3
  • ache: The Alabama Commission on Higher Education. See Alabama Code 16-33A-1
  • ache: The Alabama Commission on Higher Education. See Alabama Code 16-33B-1
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • action: Condemnation action. See Alabama Code 18-1A-3
  • AD VALOREM TAX: Those real and personal property ad valorem taxes collected by the county tax collector, the director of revenue of the county, or revenue commissioner, if any, for the county, but shall exclude all ad valorem taxes collected for the State of Alabama and all boards of education, municipalities, fire districts, or other entities located in the county. See Alabama Code 11-32-2
  • ADJOINING COUNTY: A county the boundary of which abuts either land on which the establishing county has established a park or recreational area or land which the establishing county has designated for the establishment thereon of a park or recreational area. See Alabama Code 11-18-20
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ADULT MOVIE HOUSE: A place where obscene "adult films" depicting sexual conduct are shown. See Alabama Code 13A-12-200.1
  • ADULT-ONLY ENTERTAINMENT: Any commercial establishment or private club where entertainers, employees, dancers, or waiters appear nude or semi-nude. See Alabama Code 13A-12-200.1
  • 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.
  • ADVISORY COUNCIL: The Alabama Construction Trade Advisory Council. See Alabama Code 34-14A-2
  • affiliate: With respect to any lender, any person, firm or corporation controlled by, or under common control with, such lender, and any person, firm or corporation controlling such lender. See Alabama Code 2-3A-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.
  • agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. See Alabama Code 45-51-21.03
  • AGRICULTURAL CENTER BOARD: The board of that name established pursuant to Article 2 of this chapter. See Alabama Code 2-6-70
  • AGRICULTURAL FUND: The fund of that name created and administered pursuant to Article 1, Chapter 9, Title 2. See Alabama Code 2-6-70
  • AGRICULTURAL OPERATIONS: Farming, ranching, the production of agricultural commodities (including, without limitation, the products of aquaculture and silvaculture) or the treating, processing, storing, manufacturing, marketing, distribution or exporting of agricultural commodities; provided, however, that such term shall not include any operation the principal purpose of which is the selling at retail of agricultural commodities or related products; provided, further, that costs of agricultural operations shall specifically include, but not be limited to, costs of acquiring and improving real and personal property, repairs, annual operating expenses, family living expenses and refinancing of debt incurred for any such costs. See Alabama Code 2-3A-2
  • Alabama bank: means a bank whose home state is Alabama. See Alabama Code 5-13B-21
  • ALABAMA NATIONAL GUARDSMEN: The officers and men and women commissioned or enlisted in the Alabama National Guard, army, air, or space, as defined in Section 31-2-3. See Alabama Code 31-3-1
  • ALABAMA RESIDENT: A person who has been domiciled in the State of Alabama for a period of at least 12 consecutive months immediately preceding application for a grant under the Alabama Student Grant Program. See Alabama Code 16-33A-1
  • Alabama state bank: means a bank chartered under the laws of Alabama. See Alabama Code 5-13B-21
  • ALARM MONITORING SERVICE: A service that uses a device located at a residence, place of business, or other fixed premises for both of the following purposes:

    a. See Alabama Code 45-16A-20

  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • ANCILLARY BUSINESS: A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers. See Alabama Code 45-51-21.03
  • 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.
  • 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
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: A certified or noncertified individual who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment. See Alabama Code 16-22A-3
  • applicant: A natural person who files a written application with the governing body of any county to which this chapter applies and with a municipality in the county, all in accordance with Section 11-32-3. See Alabama Code 11-32-2
  • APPLICANT FOR CERTIFICATION: An individual who submits an application for certification issued by the State Superintendent of Education. See Alabama Code 16-22A-3
  • APPOINTING AUTHORITY: The city council and mayor, who shall appoint all heads of departments, and the civil service board, who shall appoint all other covered employees, as established by state law, city ordinance, or other legal requirement. See Alabama Code 45-17A-50.01
  • APPOINTING AUTHORITY: The mayor and council shall appoint all department heads and the civil service board shall hire all other covered employees, as established by state law, city ordinance, or other legal requirement. See Alabama Code 45-17A-82.01
  • APPOINTING AUTHORITY: A department head. See Alabama Code 45-35A-51.01
  • appraisal: An opinion as to the value of or compensation payable for property, prepared by the owner or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of property. See Alabama Code 18-1A-3
  • Appraisal: A determination of property value.
  • APPROPRIATE FEDERAL AGENCY: The federal agency or department or administrative federal officer charged with the enforcement and administration of the federal Food, Drug and Cosmetic Act. See Alabama Code 20-1-71
  • appropriate municipal official: as used in this article shall mean any municipal building official or deputy and any other municipal official or municipal employee designated by the mayor or other chief executive officer of the municipality as the person to exercise the authority and perform the duties delegated by this article. See Alabama Code 11-40-31
  • 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
  • APPROVED INSTITUTION: Any independent nonprofit postsecondary institution of higher learning located in the State of Alabama which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, any independent nonprofit postsecondary institution of higher learning whose credits are accepted by at least three other institutions which are accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, or any independent postsecondary institution of higher learning with a permanent facility offering classroom instruction located in Montgomery County, Alabama, which has been incorporated and in continuous operation for over 50 years and which has been accredited for over 10 years by the Commission on Colleges of the Southern Association of Colleges and Schools, prior to July 1, 2010. See Alabama Code 16-33A-1
  • APPROVED LENDER: Any eligible institution, or any bank, trust company, savings and loan association, credit union, pension fund, or insurance company, whose primary consumer credit function is not the making of insured student loans and which is examined and supervised by the appropriate state or federal regulatory agency or any other institution or agency defined as an eligible lender in accordance with the Federal Student Loan Law. See Alabama Code 16-33B-1
  • 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: 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: The original or restated articles of incorporation or articles of consolidation and all amendments thereto, including articles of merger, of a domestic or foreign nonprofit corporation. See Alabama Code 10A-3-1.02
  • ARTICLES OF ORGANIZATION: The filing instrument provided for by Section 10A-5-2. See Alabama Code 10A-5-1.02
  • 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 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;

    (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: The Coosa County Association of Volunteer Fire Departments. See Alabama Code 45-19-141.02
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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: The Shoals Economic Development Authority. See Alabama Code 45-39-92
  • authority: The Shoals Economic Development Authority, an agency or instrumentality of the county and Lauderdale County created pursuant to Subpart 1 and Act 95-409, and includes its successors and assigns, if any, and any agency or instrumentality that may succeed to its functions. See Alabama Code 45-17-243
  • authority: The public corporation organized pursuant to the provisions of this article. See Alabama Code 2-3A-2
  • authority: The public corporation organized pursuant to this chapter, which shall be an agency of the state but shall not be a political subdivision of the state. See Alabama Code 11-32-2
  • AUTHORIZED EMPLOYER: Any educational entity authorized to obtain criminal history background information, including the State Department of Education, local employing boards, and nonpublic schools which are responsible for hiring employees or contracting with private employers to provide personnel who have unsupervised access to children in an educational setting. See Alabama Code 16-22A-3
  • AUTHORIZED HEALTH CARE PRACTITIONER: A physician licensed to practice medicine or a person licensed or authorized to practice podiatry pursuant to Article 6 (commencing with Section 34-24-230) of Chapter 24. See Alabama Code 34-25A-3
  • AUTHORIZING AMENDMENT: Amendment No. See Alabama Code 45-19-141.02
  • AUTHORIZING COUNTY: Any county the governing body of which shall have adopted an authorizing resolution, even if the population of the county should fall below 600,000. See Alabama Code 11-32-2
  • AUTHORIZING MUNICIPALITY: Any municipality the governing body of which shall have adopted an authorizing resolution. See Alabama Code 11-32-2
  • AUTHORIZING RESOLUTION: A resolution, adopted by the governing body of any county to which this chapter applies or by a municipality in the county, all in accordance with Section 11-32-3. See Alabama Code 11-32-2
  • AVIATION GASOLINE: Motor fuel designed for use in the operation of aircraft other than jet aircraft, and sold or used for that purpose. See Alabama Code 8-17-80
  • avl: The Alabama Virtual Library. See Alabama Code 16-21-31
  • AWARDING AUTHORITY: The State Board of Adjustment, created and existing pursuant to Article 4 of Chapter 9 of Title 41. See Alabama Code 31-3-1
  • 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.
  • Balanced budget: A budget in which receipts equal outlays.
  • bank: A bank or trust company organized and existing under the laws of Alabama with authority to act as a fiduciary and a national banking association with its principal office in the State of Alabama and with authority to act as a fiduciary. See Alabama Code 19-4-1
  • bank: A bank or trust company organized and existing under the laws of Alabama with authority to act as a fiduciary and a national banking association with its principal office in the State of Alabama and with authority to act as a fiduciary. See Alabama Code 19-4-20
  • bank: A bank or trust company organized and existing under the laws of Alabama with authority to act as a fiduciary and a national banking association with its principal office in the State of Alabama and with authority to act as a fiduciary. See Alabama Code 19-4-40
  • Bank holding company: has the meaning set forth in 12 U. See Alabama Code 5-13B-21
  • 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; and

    (2) Any agency of another state with primary responsibility for chartering and supervising banks. See Alabama Code 5-13B-21

  • 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.
  • beneficiary: Includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. See Alabama Code 19-3A-102
  • BENEFIT CORPORATION: A benefit corporation as defined in Chapter 2A. See Alabama Code 10A-1-1.03
  • Bequest: Property gifted by will.
  • BIODIESEL FUEL: Any motor fuel or mixture of motor fuels that is derived, in whole or in part, from agricultural products or animal fats, or the wastes of such products or fats, and is advertised as, offered for sale as, suitable for use as, or used as motor fuel in a diesel engine. See Alabama Code 8-17-80
  • BLENDED FUEL: A mixture composed of gasoline or diesel fuel and any other liquid that can be used as a motor fuel in a highway vehicle. See Alabama Code 8-17-80
  • board: The board of directors of the authority comprised of the members of the Shoals Economic Development Authority. See Alabama Code 45-39-92
  • board: The Home Builders Licensure Board. See Alabama Code 34-14A-2
  • board: The Board of Home Medical Equipment as established by this chapter. See Alabama Code 34-14C-1
  • board: The civil service board created by this part. See Alabama Code 45-17A-50.01
  • board: The Alabama Board of Agriculture and Industries. See Alabama Code 8-17-80
  • board: The Alabama Onsite Wastewater Board. See Alabama Code 34-21A-2
  • board: The civil service board created by this part. See Alabama Code 45-17A-82.01
  • board: The Tuscumbia Utilities Board, created pursuant to the enabling law, and includes its successors and assigns, if any, and any agency or instrumentality that may succeed to its functions. See Alabama Code 45-17A-83
  • board: The Board of Directors of the Alabama Local Government Training Institute. See Alabama Code 11-3-42
  • board: The Alabama State Board of Prosthetists and Orthotists. See Alabama Code 34-25A-3
  • board: The Alabama State Board of Respiratory Therapy. See Alabama Code 34-27B-2
  • board: Alabama Soil and Water Conservation Committee for the Registration of Professional Soil Classifiers. See Alabama Code 34-32-2
  • board: Each county or city board of education; the Board of Trustees of the Alabama Institute for Deaf and Blind; the Alabama Youth Services Board in its capacity as the Board of Education for the Youth Services School District; the Board of Directors of the Alabama School of Fine Arts; and the Board of Directors of the Alabama School of Mathematics and Science. See Alabama Code 16-13-280
  • board: Any county board of education and any city board of education. See Alabama Code 16-13-301
  • board: The Board of Control of the Public Education Employees' Defined Contribution Savings Fund. See Alabama Code 16-25C-2
  • board: The board of directors of the authority. See Alabama Code 2-3A-2
  • board: The State Board of Agriculture and Industries. See Alabama Code 20-1-20
  • board: The Agricultural Center Board created by Sections 2-6-1 and 2-6-2. See Alabama Code 2-6-50
  • board: The board of directors of the corporation. See Alabama Code 11-15-1
  • board: The Alabama State Board of Agriculture and Industries. See Alabama Code 20-1-71
  • board: The State Board of Health. See Alabama Code 22-13-50
  • board: The Board of Directors of an authority. See Alabama Code 11-32-2
  • board: The personnel board herein authorized. See Alabama Code 45-35A-51.01
  • BOARD OF AGRICULTURE AND INDUSTRIES: The Alabama Board of Agriculture and Industries created pursuant to Section 2-3-1. See Alabama Code 2-6-70
  • BOARD OF DIRECTORS: The group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated. See Alabama Code 10A-3-1.02
  • BOARD OF EDUCATION: Any county board of education and any city board of education. See Alabama Code 16-13-210
  • BOND FINANCING AGREEMENT: An agreement or other document relating to the sale or issuance of bonds including, but not limited to, a bond purchase agreement, a loan agreement, a refinancing agreement, or documents providing for bonds sold or issued on a competitive sale basis. See Alabama Code 11-8A-1
  • bonds: Bonds, bond anticipation notes, warrants, warrant anticipation notes, or indebtedness issued or entered into on behalf of the county or by the county commission for a term of at least three years or more. See Alabama Code 11-8A-1
  • bonds: Bonds, notes, certificates, bond, grant or revenue anticipation notes or any other evidence of indebtedness representing an obligation to pay money. See Alabama Code 2-3A-2
  • bonds: Those bonds, including the refunding bonds, issued under and pursuant to the provisions of this article. See Alabama Code 2-5A-30
  • bonds: Bonds, notes, warrants, certificates, and other obligations representing an obligation to pay money. See Alabama Code 11-32-2
  • brand: The trade name or other designation under which a particular petroleum product is sold, offered for sale, or otherwise identified. See Alabama Code 8-17-80
  • bread: Such term includes and shall be limited to bread and rolls (or buns) of every kind and description made wholly or partly from wheat flour which conforms to the definition and standard of identity of bread set out in Title 21 of the Code of Federal Regulations, Part 17. See Alabama Code 20-1-71
  • BREAST NUDITY: The showing of the post-pubertal human female breasts below a point immediately above the top of the areola. See Alabama Code 13A-12-200.1
  • BUILDING COMMISSION: The Building Commission created under Article 6, Chapter 9, Title 41, and any successor agency thereto. See Alabama Code 2-6-70
  • BULK TRANSFER: Any transfer of motor fuel from one location to another by pipeline tender or marine delivery within a bulk transfer/terminal system, including, but not limited to, the following:

    a. See Alabama Code 8-17-80

  • BULK USER: A person who receives into his or her own storage facilities, in transport truck lots, taxable motor fuel for his or her own consumption. See Alabama Code 8-17-80
  • business: A lawful activity, whether or not for profit, other than a farm operation, conducted primarily for the purchase, sale, lease, rental, manufacture, processing, or marketing of products, commodities, or other property, or for providing services. See Alabama Code 18-1A-3
  • business: A commercial or industrial establishment such as a store or factory, including any endeavor engaged in the buying or selling of commodities or services or involving a trade or the patronage of customers. See Alabama Code 45-19-141.02
  • business: All activities engaged in, or caused to be engaged in, by any person with the object of gain, profit, benefit, or advantage, either direct or indirect to such person. See Alabama Code 45-51-243.01
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2A. See Alabama Code 10A-1-1.03
  • BUSINESS DAY: A day, other than a Saturday or a Sunday, on which commercial banking institutions are open for business in the State of Alabama and a day on which the payment system of the Federal Reserve System is operational. See Alabama Code 11-8A-1
  • BUSINESS ENTITY: A corporation, limited liability company, partnership, limited partnership, registered limited liability partnership, or other entity organized to engage in business, whether for profit or not, created under the laws of the State of Alabama, predecessor law, or law of another jurisdiction. See Alabama Code 10A-5-1.02
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 10A-1-1.03
  • Buyer: means a person who buys or contracts to buy goods. See Alabama Code 7-2-103
  • bylaws: The code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which the rules are designated. See Alabama Code 10A-3-1.02
  • CABLE SERVICE: A service that provides both of the following:

    a. See Alabama Code 45-16A-20

  • CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:

    a. See Alabama Code 45-16A-20

  • CAPACITY TO PROCEED OR CONTINUE TO TRIAL: Whether or not a defendant accused of a crime:

    a. See Alabama Code 22-52-30

  • CAPITAL EXPENDITURE: Any cost or expense of a type that is properly chargeable to a capital account under general federal income tax principles. See Alabama Code 11-8A-1
  • Capital offense: A crime punishable by death.
  • certificate: Any instrument, document or other writing representing a security. See Alabama Code 19-4-1
  • certificate: Any instrument, document or other writing representing a security. See Alabama Code 19-4-20
  • 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 incorporation: as used in this chapter is synonymous to the term "certificate of formation" used in Chapter 1. See Alabama Code 10A-2A-1.40
  • CERTIFICATE OF OWNERSHIP: An instrument evidencing an ownership interest or membership interest in an entity. See Alabama Code 10A-1-1.03
  • CERTIFICATED OWNERSHIP INTEREST: An ownership interest of a domestic entity represented by a certificate. See Alabama Code 10A-1-1.03
  • CERTIFIED APPLICANT FOR EMPLOYMENT: A certified individual who submits an application for employment to a local employing board or any nonpublic school to act in any capacity in which the individual will have unsupervised access to children in an educational environment. See Alabama Code 16-22A-3
  • chairman: The Chairman of the Department of Surgery, School of Medicine, at the University of Alabama at Birmingham. See Alabama Code 22-19-121
  • Chambers: A judge's office.
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • CHIEF EXECUTIVE OFFICER: The State Superintendent of Education; the superintendent of any public county or city school system; the President of the Alabama Institute for Deaf and Blind; the Executive Director of the Alabama School of Fine Arts; the Superintendent of the Department of Youth Services School District; the Executive Director of the Alabama High School of Mathematics and Science; the superintendent of any nonpublic school, or in the absence of a superintendent, the headmaster of any nonpublic school; and the head of any department or employer covered by this chapter but not specifically enumerated herein. See Alabama Code 16-22A-3
  • CHIEF EXECUTIVE OFFICER: The chief administrative officer of the employing board, including the superintendent of any public county or city school system, the President of the Alabama Institute for Deaf and Blind, and the Superintendent of the Department of Youth Services School District. See Alabama Code 16-24B-2
  • chiropractor: A person licensed and acting within the definition as found in Section 34-24-120. See Alabama Code 34-25A-3
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • city: The City of Midfield, Alabama. See Alabama Code 45-37A-331.02
  • city: The City of Muscle Shoals, Alabama. See Alabama Code 45-17A-50.01
  • city: The City of Tuscumbia, Alabama. See Alabama Code 45-17A-82.01
  • CITY COUNCIL: The governing body of the City of Tuscumbia, Alabama. See Alabama Code 45-17A-83
  • 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 45-37A-331.02
  • CIVIL VIOLATION: There is hereby created a noncriminal category of state law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-37A-331.02
  • 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
  • CLEARING CORPORATION: A corporation:

    a. See Alabama Code 19-4-1

  • 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.
  • code: The Code of Alabama 1975, and all amendments thereto. See Alabama Code 45-17-243
  • code: The Code of Alabama 1975, as amended. See Alabama Code 45-19-141.02
  • coliseum: The existing coliseum building located in the Alabama Agricultural Center in the City of Montgomery. See Alabama Code 2-6-50
  • coliseum: The existing Garrett Coliseum and the grounds and other buildings and structures associated therewith, all owned by the Agricultural Center Board and located in the City of Montgomery, Alabama. See Alabama Code 2-6-70
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Alabama Code 7-2A-103
  • commission: The Coosa County Commission or other governing body of the county. See Alabama Code 45-19-141.02
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 8-17-80
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 20-1-20
  • commissioner: The Commissioner of the Alabama State Department of Mental Health. See Alabama Code 22-52-1.1
  • commissioner: The Commissioner of the Department of Mental Health of the State of Alabama. See Alabama Code 22-52-30
  • commissioner: Commissioner of the state Department of Mental Health. See Alabama Code 22-52-90
  • committee: The citizens supervisory committee herein created. See Alabama Code 45-35A-51.01
  • committee: The Shoals Industrial Development Committee, an agency or instrumentality of the county and Lauderdale County, created pursuant to Part 2 (commencing with Section 45-17-91. See Alabama Code 45-17-243
  • 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 MENTAL HEALTH OFFICER: A person who acts as a liaison between law enforcement and the general public, and who is regularly employed by a municipality within the county or regularly employed by the county commission or any public body or agency, including the state Department of Mental Health. See Alabama Code 22-52-90
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • condemn: To take property under the power of eminent domain. See Alabama Code 18-1A-3
  • CONDEMNATION ACTION: Includes all acts incident to the process of condemning property after commencement of suit until the entry of final judgment. See Alabama Code 18-1A-3
  • condemnee: A person who has or claims an interest in property that is the subject of a prospective or pending condemnation action. See Alabama Code 18-1A-3
  • condemnor: A person empowered to condemn. See Alabama Code 18-1A-3
  • CONDITIONS OF A GRANT: The terms and conditions upon which a grant is made by a donor. See Alabama Code 11-11B-1
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $100,000. See Alabama Code 7-2A-103
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Alabama Code 7-2-106
  • CONTRACT PRINCIPAL: Includes only those persons hired on or after July 1, 2000, and certified for the position of principal as prescribed by the State Board of Education and who are employed by an employing board as the chief administrator of a school, including a vocational center. See Alabama Code 16-24B-2
  • CONTRACT YEAR: Period of contract principal's employment up to 12 months mutually agreed upon by the contract principal and employing board. See Alabama Code 16-24B-2
  • 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
  • contributor: Any person who contributes money to an ACES Program savings account or an ABLE Program savings account established pursuant to this chapter on behalf of a designated beneficiary and who is listed as the owner of the savings account. See Alabama Code 16-33C-3
  • Control: shall be construed consistently with the provisions of 12 U. See Alabama Code 5-13B-21
  • CONVENTIONAL ONSITE SEWAGE SYSTEM: An onsite sewage system consisting of a septic tank, or an Alabama Department of Public Health approved pretreatment device, with effluent discharging into a subsurface effluent disposal medium, where all portions of the effluent disposal field sidewalls are installed below the elevation of undisturbed native soil, including a conventional onsite sewage system as defined by the Alabama Department of Public Health regulations. See Alabama Code 34-21A-2
  • conversion: A conversion, whether referred to as a conversion, domestication, or otherwise, means:

    (A) the continuance of a domestic entity as a foreign entity of any type;

    (B) the continuance of a foreign entity as a domestic entity of any type; or

    (C) the continuance of a domestic entity of one type as a domestic entity of another type. See Alabama Code 10A-1-1.03

  • CONVERTED ENTITY: An entity resulting from a conversion. See Alabama Code 10A-1-1.03
  • CONVERTING ENTITY: An entity as the entity existed before the entity's conversion. See Alabama Code 10A-1-1.03
  • cooperative: Includes an employee cooperative as defined in Chapter 11. See Alabama Code 10A-1-1.03
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • cornmeal: All meal for human consumption made from corn, either white or yellow, whole cornmeal, bolted cornmeal, and degerminated cornmeal as defined in definitions and standards of identity set out in Title 21 of the Code of Federal Regulations, Part 15. See Alabama Code 20-1-71
  • corporation: Includes a domestic or foreign business corporation, including a benefit corporation, as defined in Chapter 2A, 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
  • corporation: Any corporation organized pursuant to the provisions of this article. See Alabama Code 11-20-30
  • CORPORATION: Any public corporation which may be organized pursuant to any law now in force or hereafter enacted for the purpose of acquiring title to and completing the construction and equipment of the coliseum and the necessary facilities in connection therewith. See Alabama Code 2-6-50
  • CORPORATION: A corporation organized pursuant to the provisions of this chapter. See Alabama Code 11-15-1
  • corporation: The public corporation authorized to be created by this article. See Alabama Code 2-6-70
  • COST OF THE UNDERTAKING: The total cost of the materials, labor, supervision, overhead, and profit. See Alabama Code 34-14A-2
  • costs: When used with reference to or in connection with any public school facility or any portion thereof, all or any part of the costs of acquiring, constructing, altering, enlarging, extending, reconstructing, or remodeling such facility, including (i) the costs of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, permits, licenses and interests acquired or used for, in connection with or with respect to such public school facility; (ii) the costs of demolishing or removing any buildings or structures on land so acquired, including the costs of acquiring land to which such buildings or structures may be moved; (iii) the costs of all machinery, equipment, furniture, furnishings, fixtures, and tangible and intangible personal property acquired or used for, in connection with or with respect to such public school facility; and (iv) the costs of architectural, engineering, financial, and legal services incurred in connection with the acquisition or construction of all or any part of such public school facility and the financing thereof, including the expenses of preparing plans, specifications, surveys, and studies to determine the financial or engineering feasibility of such public school facility. See Alabama Code 16-13-301
  • costs: When used with reference to or in connection with any public facility or any portion thereof, include all or any part of the cost of acquiring, constructing, altering, enlarging, extending, reconstructing, or remodeling such public facility, including the cost of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, permits, licenses, and interests acquired or used for, in connection with or with respect to such public facility, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring land to which such buildings or structures may be moved, the cost of all machinery, equipment, furniture, furnishings, and fixtures acquired or used for, in connection with or with respect to such public facility, the cost of architectural, engineering, financial, and legal services incurred in connection with the acquisition or construction of all or any part of such public facility and the financing thereof, including the expenses of preparing plans, specifications, surveys, and studies to determine the financial or engineering feasibility of such public facility, the cost of selling bonds, notes, warrants, or other debt instruments issued to finance such public facility or to refund debt previously incurred for such purpose, including underwriters' commissions and discounts, printing costs, fees of rating services, fees and disbursements of attorneys, accountants, financial advisors and other consultants, fees and disbursements of trustees and escrow agents, and other incidental expenses, the costs of insurance, letters of credit or other third party commitments for the payment of such bonds, notes, warrants, or other debt instruments obtained in order to enhance the marketability thereof, capitalized interest on money borrowed to pay the costs of such public facility prior to, during and for a period of not exceeding six months following the estimated completion of the acquisition or construction of such public facility, amounts used to fund reserves for the payment of debt service, repair and replacement costs and operating expenses, and such other expenses as may be incident to the acquisition, construction, and financing of such public facility and the placement thereof in operation. See Alabama Code 11-28-1.1
  • council: The Alabama Virtual Library Executive Council. See Alabama Code 16-21-31
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Jefferson County in Alabama. See Alabama Code 45-37A-331.02
  • County: means Clay County. See Alabama Code 45-14-243.01
  • county: Colbert County in the State of Alabama. See Alabama Code 45-17-243
  • county: Each county in the state. See Alabama Code 11-9-20
  • county: Coosa County. See Alabama Code 45-19-141.02
  • county: Any county in this state with respect to which a corporation may be organized. See Alabama Code 11-20-30
  • county: Each county subject to the provisions of this chapter. See Alabama Code 11-11-1
  • county: Any county of the state. See Alabama Code 11-11B-1
  • COUNTY: That county in the state in which the corporation shall be organized. See Alabama Code 11-15-1
  • county: A political subdivision of the state created by statute to aid in the administration of government. See Alabama Code 11-24-1
  • county: Any county in the State of Alabama. See Alabama Code 11-28-1.1
  • county: Any county in the state. See Alabama Code 11-32-2
  • county: A county in the State of Alabama. See Alabama Code 22-52-90
  • county: Montgomery County, Alabama. See Alabama Code 45-51-243.01
  • COUNTY COMMISSION: The governing body as created in Section 11-3-1 and each county governing body created by local act. See Alabama Code 11-3-42
  • COUNTY COMMISSION: The chief administrative or legislative body of the county. See Alabama Code 11-24-1
  • COUNTY COMMISSION: The Montgomery County Commission. See Alabama Code 45-51-243.01
  • COUNTY GROSS RECEIPTS TAX AREA: All of Morgan County except the area thereof lying within the corporate limits, as such are now or as such may hereafter be constituted, of the Cities of Decatur and Hartselle and the Towns of Falkville and Trinity. See Alabama Code 45-52-244
  • coupon: Any interest coupon evidencing an installment of interest payable with respect to a warrant. See Alabama Code 11-15-1
  • court: The designated court, and if none, the circuit court specifically set forth in this title, and if none, any other court having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • court: A circuit or district court authorized by statute to issue or modify a protective order. See Alabama Code 30-5B-2
  • 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.
  • CRIMINAL HISTORY BACKGROUND INFORMATION: Any information collected and stored in the criminal record repository of the Federal Bureau of Investigation (FBI) reflecting the result of an arrest, detention, or initiation of a criminal proceeding by criminal justice agencies, including, but not limited to, arrest record information, fingerprint cards, correctional induction and release information, identifiable descriptions, and notations of arrests, detention, indictments, or other formal charges. See Alabama Code 22-50-90
  • CRIMINAL HISTORY BACKGROUND INFORMATION CHECK: The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U. See Alabama Code 16-22A-3
  • crops: Any form of vegetation intended to be removed and used or sold for commercial purposes, including grass, flowers, fruits, vegetables, trees, vines, and nursery stock. See Alabama Code 18-1A-3
  • CURRENT EMPLOYEE UNDER REVIEW: Any current employee whose professional certificate or employment status is under review based upon reasonable suspicion. See Alabama Code 16-22A-3
  • CUSTOMER PREMISES EQUIPMENT: Equipment employed on the premises of a person, other than a telecommunications service provider, to originate, route, or terminate telecommunications. See Alabama Code 45-16A-20
  • 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
  • day: A calendar day. See Alabama Code 16-24B-2
  • 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
  • DEBTOR IN BANKRUPTCY: A person who is the subject of:

    (A) an order for relief under the United States bankruptcy laws, Title 11, United States Code, or comparable order under a successor statute of general application; or

    (B) a comparable order under federal, state, or foreign law governing insolvency. See Alabama Code 10A-1-1.03

  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • demotion: The reassignment of a covered employee to a position of a lesser class involving less responsibility and less complex duties. See Alabama Code 45-17A-50.01
  • demotion: The reassignment of a covered employee to a position of a lesser class involving less responsibility and less complex duties. See Alabama Code 45-17A-82.01
  • department: The Alabama Department of Agriculture and Industries. See Alabama Code 8-17-80
  • 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: Any volunteer fire department with which the Coosa County Association of Volunteer Fire Departments may enter into agreements with respect to providing fire protection, fire prevention, and related services and facilities within the county. See Alabama Code 45-19-141.02
  • department: The State Department of Revenue. See Alabama Code 45-19-244
  • department: The Department of Agriculture and Industries. See Alabama Code 20-1-20
  • department: The State Department of Veterans' Affairs. See Alabama Code 31-5-1
  • department: The Alabama Department of Public Health. See Alabama Code 22-13-50
  • department: The Alabama State Department of Mental Health. See Alabama Code 22-52-1.1
  • Dependent: A person dependent for support upon another.
  • DEPENDENT CHILD: An unmarried child under the age of 18 years, or one over that age who is physically or mentally incapacitated from earning. See Alabama Code 31-3-1
  • deposit: Physical delivery and also crediting by entry on the books of a clearing corporation without physical delivery. See Alabama Code 19-4-1
  • deposit: Physical delivery and also crediting by entry on the books of the federal reserve bank without physical delivery. See Alabama Code 19-4-40
  • 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.
  • DESIGNATED BENEFICIARY: The eligible individual named as the beneficiary of an ABLE savings account, ACES savings account, or PACT contract established pursuant to this chapter. See Alabama Code 16-33C-3
  • DESIGNATED COURT: The court or courts that are designated in the (i) certificate of incorporation or bylaws of a corporation as authorized by Chapter 2A, (ii) limited liability company agreement of a limited liability company formed pursuant to or governed by Chapter 5A, (iii) partnership agreement of a partnership formed pursuant to or governed by Chapter 8A, or (iv) limited partnership agreement of a limited partnership formed pursuant to or governed by Chapter 9A. See Alabama Code 10A-1-1.03
  • DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a control-ling interest, in a wholesaler; or any person who inherits the deceased individual's ownership interest in the wholesaler under the terms of the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's owner-ship interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 45-51-21.03
  • DESIGNATED MENTAL HEALTH FACILITY: A mental health facility other than a state mental health facility designated by the State Department of Mental Health to receive persons for evaluation, examination, admission, detention or treatment pursuant to the provisions of this article. See Alabama Code 22-52-1.1
  • DESIGNATED MENTAL HEALTH FACILITY: A mental health facility other than a state mental health facility designated by the state Department of Mental Health to receive persons for evaluation, examination, admission, detention, or treatment pursuant to the commitment process. See Alabama Code 22-52-90
  • Devise: To gift property by will.
  • DIESEL FUEL: Any liquid that is advertised, offered for sale, or sold for use as or used as a motor fuel in a diesel-powered engine. See Alabama Code 8-17-80
  • DIRECT CARE PROVIDER: A psychiatrist, medical doctor, psychologist, social worker, community service specialist, therapist, nurse, mental health worker, foster care provider, police officer, and any other employee or person who has direct contact with the clients and patients served by the Alabama Department of Mental Health pursuant to a contract with the department. See Alabama Code 22-50-90
  • DIRECT CLINICAL SUPERVISION: A situation where a licensed respiratory therapist or physician is available for the purpose of communication, consultation, and assistance. See Alabama Code 34-27B-2
  • director: The personnel director herein created. See Alabama Code 45-35A-51.01
  • 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: A member of the board of the authority. See Alabama Code 2-3A-2
  • director: A member of the board. See Alabama Code 11-32-2
  • directors: The members of the Board of Directors of the Tuscumbia Utilities Board. See Alabama Code 45-17A-83
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • DISPLAY FOR SALE: To expose, place, exhibit, show, or in any fashion display any material for the purpose of the sale of such material to any person in a manner that a minor can physically examine or see the material. See Alabama Code 13A-12-200.1
  • DISQUALIFIED PERSON: Any person who is not a qualified person. See Alabama Code 10A-4-1.03
  • DISSEMINATE PUBLICLY: To expose, place, perform, exhibit, show or in any fashion display, in any location, public or private, any material in a manner that the material can either be readily seen and its content or character distinguished by normal unaided vision or be physically examined, by viewing or examining the material from any public place or any place to which members of the general public are invited. See Alabama Code 13A-12-200.1
  • distribute: To import, export, sell, rent, lend, transfer possession of or title to, display, exhibit, show, present, provide, broadcast, transmit, retransmit, communicate by telephone, play, orally communicate or perform. See Alabama Code 13A-12-200.1
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 10A-1-1.03
  • district: A fire fighting district established by the Coosa County Association of Volunteer Fire Departments. See Alabama Code 45-19-141.02
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, means governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
  • DOMESTIC ENTITY: An entity governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
  • DOMESTIC PROFESSIONAL CORPORATION: A corporation for profit or nonprofit organized pursuant to the provisions of this chapter. See Alabama Code 10A-4-1.03
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • donor: The United States of America, or the state, or any county in the state or any municipality or any department, division, board, bureau, institution or agency of any of the foregoing, or any person, firm or corporation, institution, foundation or other agency or any combination of any two or more such donors. See Alabama Code 11-11B-1
  • 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
  • drug: shall include barbiturates, central nervous system stimulants, hallucinogenics, and all other drugs to which the narcotic and drug abuse laws of the United States apply. See Alabama Code 16-41-2
  • dwelling: Any occupied or unoccupied building, structure, or other improvement to real property used or expected to be used as a dwelling for one or more persons, including, specifically, but not limited to, the following:

    a. See Alabama Code 45-19-141.02

  • DYED DIESEL FUEL: Diesel fuel that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 8-17-80
  • DYED KEROSENE: Kerosene that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 8-17-80
  • EARTHEN MATERIALS: Materials covered in this part which include sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, or any combination thereof, but does not include graphite. See Alabama Code 45-19-244
  • EDUCATIONAL ENVIRONMENT OR SETTING: Any building, structure, or location whether public or private property, or vehicle, utilized to or involved in the providing of education, training, instruction, or supervision to children or transportation in connection with such activity provided by a local employing board or nonpublic school. See Alabama Code 16-22A-3
  • 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 SIGNATURE: An electronic signature as that term is defined in the Alabama Electronic Transactions Act, Chapter 1A of Title 8, or any successor statute. See Alabama Code 10A-1-1.03
  • ELECTRONIC WRITING: Information that is stored in an electronic or other nontangible medium and is retrievable in paper form through an automated process used in conventional commercial practice. See Alabama Code 10A-1-1.03
  • ELIGIBLE EMPLOYER: An employer or other entity who compensates a participant for the public service. See Alabama Code 16-25C-2
  • ELIGIBLE INSTITUTION: Any postsecondary educational institution which is approved by the Alabama Commission on Higher Education for the purposes of this program. See Alabama Code 16-33B-1
  • ELIGIBLE INVESTMENTS: (i) Any time deposit with, or any certificate of deposit issued by, any bank, savings bank or savings and loan association which is organized under the laws of the United States of America that may succeed to the functions of such corporation; (ii) any debt securities that are direct, general obligations of the United States of America; (iii) any debt securities payment of the principal of and interest on which is unconditionally guaranteed by the United States of America; (iv) any debt securities (including participation certificates) that are direct, general obligations of any of the following agencies of the United States of America: the Export-Import Bank of the United States, the Federal Farm Credit Bank, the Federal Land Banks, the Federal Immediate Credit Banks, the Banks for Cooperatives, the Federal Home Loan Banks (including any joint obligations of any two or more of the foregoing agencies), the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, the Farmers Home Administration, or any other agency or instrumentality of the United States of America; (v) any repurchase obligations of any bank, savings bank or savings and loan association which is a member of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation (or any department, agency or instrumentality of the United States of America that shall succeed to the functions of such federal corporation), which repurchase obligations are at least 100 percent secured by any one or more classes of eligible investments described in (i) through (iv), inclusive, above; (vi) any security or interest therein, whether secured or unsecured, in which an insurance company or a savings and loan association organized under the laws of the state may legally invest its own moneys at the time of investment therein by the corporation; (vii) shares of any money market fund registered and regulated under the Federal Investment Company Act of 1940, as amended, as a no-load, open-end management investment company, the portfolio assets of which consist solely of cash and eligible investments and repurchase agreements fully secured by any one or more classes of eligible investments; and (viii) any debt obligation, debt instrument or deposit obligation in which trustees are legally permitted to invest under the laws of the state at the time of investment therein by the corporation. See Alabama Code 2-6-70
  • ELIGIBLE STUDENT: Any applicant for a grant under the Alabama Student Grant Program who:

    a. See Alabama Code 16-33A-1

  • 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
  • EMPLOYING BOARD: Includes all local boards of education, the Board of Trustees of the Alabama Institute for Deaf and Blind, and the Alabama Youth Services Board in its capacity as the Board of Education for the Department of Youth Services School District. See Alabama Code 16-24B-2
  • 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
  • ENABLING LAW: Act No. See Alabama Code 45-17A-83
  • ENGINEERED ONSITE SEWAGE SYSTEM: An onsite sewage system that varies from conventional onsite sewage system equipment, methods, processes, and installation procedures in accordance with the rules and regulations of the Alabama Department of Public Health. See Alabama Code 34-21A-2
  • enriched grits: means the appropriate food product, according to the federal standards of identity, that has been enriched to conform to the requirements of this article. See Alabama Code 20-1-71
  • enrichment: As applied to bread, flour, meal, or grits, such term means the addition thereto of vitamins and other ingredients of the nature required by this article and "enriched bread" "enriched flour" "enriched whole cornmeal" "enriched bolted meal" "enriched degerminated meal" or "enriched grits" means the appropriate food product, according to the federal standards of identity, that has been enriched to conform to the requirements of this article. See Alabama Code 20-1-71
  • 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: A domestic or foreign organization. See Alabama Code 10A-1-1.03
  • ENVIRONMENTAL LAWS: Any applicable federal, state, or local law, rule, regulation, ordinance, order, consent decree, or order of any governmental authority now or hereinafter in effect relating to and defining hazardous materials or the protection of the environment, health, and safety of public water supply systems under the federal Safe Drinking Water Act, Clean Water Act, Hazardous Materials Transportation Act, and Occupational Safety and Health Act and any similar state or local law; provided that any such environmental law does not specifically exclude regulation at the local governmental level. See Alabama Code 45-52-251.01
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • ESTABLISHING COUNTY: A county, the county commission of which has provided for the establishment of a park or recreational area or has designated land for the establishment thereon of a park or recreational area. See Alabama Code 11-18-20
  • Ex officio: Literally, by virtue of one's office.
  • 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
  • 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
  • expenses: shall include the following items and any other items approved as reimbursable expenses by the Election Expense Reimbursement Committee pursuant to Section 17-16-2. See Alabama Code 17-16-2
  • export: To send or cause to be sent outside of the State of Alabama from inside the state. See Alabama Code 13A-12-200.1
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • facility: Any state-owned or state-operated hospital or other facility, whether currently operating or to be operated in the future, utilized for the diagnosis, care, treatment, training or hospitalization of persons who are mentally ill or who are believed to be mentally ill and any other appropriate facility within the State of Alabama approved for such purpose by the Department of Mental Health, excluding those general hospitals owned by a state educational institution which is a public corporation organized under the acts of the Legislature of the State of Alabama. See Alabama Code 22-52-30
  • 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.
  • FARM OPERATION: Any activity conducted primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing those products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Alabama Code 18-1A-3
  • Fault: means wrongful act, omission, breach, or default. See Alabama Code 7-2A-103
  • 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 OBLIGATIONS: (i) Direct general obligations of the United States of America or (ii) obligations the payment of the principal of and interest on which is unconditionally and irrevocably guaranteed by the United States of America. See Alabama Code 11-28-1.1
  • 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
  • FEDERAL STUDENT LOAN LAW: Title IV of the Federal Higher Education Act of 1965, as amended (enacted by the Congress of the United States of America as Public Law 89-239) providing for a student loan insurance or guaranty program, as said Title IV (presently codified as 20 U. See Alabama Code 16-33B-1
  • felony: A criminal offense that is defined and punishable under the laws of this state, or an offense committed outside the State of Alabama, which if committed in this state, would constitute a felony under Alabama law; a crime in any other state or a crime against the United States which is designated as a felony; or an offense in any other state, territory, or country punishable by imprisonment for a term exceeding one year. See Alabama Code 34-25B-2
  • fiduciary: A personal representative or a trustee. See Alabama Code 19-3A-102
  • Fiduciary: A trustee, executor, or administrator.
  • fiduciary: means the executor of a will, the administrator of a decedent's estate or the trustee of an express inter vivos or testamentary trust, and includes both individual and corporate fiduciaries. See Alabama Code 19-3-150
  • fiduciary: An administrator, an administrator with the will annexed, an administrator de bonis non, an executor, a trustee, a guardian, a conservator, an agent, a custodian or a custodian or agent for another fiduciary or fiduciaries. See Alabama Code 19-4-1
  • fiduciary: An administrator, an administrator with the will annexed, an administrator de bonis non, an executor, a trustee, a guardian, a conservator, an agent or a custodian. See Alabama Code 19-4-20
  • fiduciary: An administrator, an administrator with the will annexed, an administrator de bonis non, an executor, a trustee, a guardian, a conservator, an agent or a custodian. See Alabama Code 19-4-40
  • FIDUCIARY ACCOUNT: An estate, a trust, a guardianship, a custodianship, an agency or any other fiduciary relationship, including a custodianship or agency for another fiduciary or fiduciaries. See Alabama Code 19-4-1
  • FIDUCIARY ACCOUNT: An estate, a trust, a guardianship, a custodianship, an agency or any other fiduciary relationship, including a custodianship or agency for another fiduciary or fiduciaries. See Alabama Code 19-4-20
  • FIDUCIARY ACCOUNT: An estate, a trust, a guardianship, a custodianship, an agency or any other fiduciary relationship, including a custodianship or agency for another fiduciary or fiduciaries. See Alabama Code 19-4-40
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, limited liability limited partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 10A-1-1.03
  • 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
  • FILING OFFICER: An officer of this state with whom a filing instrument is required or permitted to be delivered for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • Finance lease: means a lease with respect to which:

    (i) the lessor does not select, manufacture, or supply the goods;

    (ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii) one of the following occurs:

    (A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C) the lease contract or a separate accurate and complete statement delivered to the lessee discloses in writing (a) all express warranties and other rights provided to the lessee by the lessor and the supplier in connection with the lease contract (b) that there are no other express warranties or rights provided to the lessee by the lessor or the supplier in connection with the lease contract, and (c) in a consumer lease, any waiver, disclaimer, or other negation of express or implied warranties and any limitation or modification of remedy or liquidation of damages for breach of those warranties or other rights of the lessee in a manner as provided in this article or in Article 2, as applicable; or

    (D) the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the supplier, unless the lessee has selected the supplier and directed the lessor to purchase the goods from the supplier, (b) that the lessee is entitled under this article to all warranties and other rights provided to the lessee by the supplier in connection with the lease contract, and (c) to contact the supplier to receive an accurate and complete statement from the supplier of any such express warranties and other rights and any disclaimers or limitations of them or of remedies. See Alabama Code 7-2A-103

  • FINANCIAL RIGHTS: Rights to a. See Alabama Code 10A-5-1.02
  • FIRE PROTECTION FEE: A fee for fire protection and emergency medical services levied by the commission pursuant to the authorizing amendment and this part. See Alabama Code 45-19-141.02
  • FISCAL YEAR: The 12-month period commencing on October 1 of one year and ending on September 30 of the next ensuing year. See Alabama Code 11-11-1
  • 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.
  • FISCAL YEAR: The fiscal year of the state as may from time to time be provided by law. See Alabama Code 11-29-3
  • FISCAL YEAR: The 12-month period provided for in subsection (c) of Section 11-32-7. See Alabama Code 11-32-2
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • flour: Such term includes and shall be limited to the foods defined as:

    a. See Alabama Code 20-1-71

  • flsa: Fair Labor Standards Act. See Alabama Code 45-17A-50.01
  • flsa: Fair Labor Standards Act. See Alabama Code 45-17A-82.01
  • 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
  • FOR ANY THING OF PECUNIARY VALUE: In exchange for, in return for, or for any consideration consisting of, whether wholly or partly:

    a. See Alabama Code 13A-12-200.1

  • Forbearance: A means of handling a delinquent loan. A
  • 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, means governed as to its internal affairs by the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • 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: 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 this state; 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 this state. See Alabama Code 10A-2A-15.10

  • FOREIGN ENTITY: An entity governed as to its internal affairs by the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 10A-1-1.03
  • FOREIGN GOVERNMENTAL AUTHORITY: A governmental official, agency, or instrumentality of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN LIMITED LIABILITY COMPANY: An organization formed under the laws of any jurisdiction other than Alabama that is substantially similar to a limited liability company. See Alabama Code 10A-5-1.02
  • FOREIGN NONFILING ENTITY: A foreign entity that is not a foreign filing entity. See Alabama Code 10A-1-1.03
  • FOREIGN NONPROFIT CORPORATION: A nonprofit corporation organized under laws other than the laws of Alabama. See Alabama Code 10A-3-1.02
  • FOREIGN PROFESSIONAL CORPORATION: A corporation or unincorporated association, for profit or nonprofit, organized for the purpose of rendering professional services under a law other than the law of Alabama. See Alabama Code 10A-4-1.03
  • FOREIGN PROTECTION ORDER: A protection order issued by a tribunal of another state. See Alabama Code 30-5B-2
  • 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.
  • FULL-TIME STUDENT: An individual student who meets the criteria established by definitions, rules, and regulations to be established by the ACHE. See Alabama Code 16-33A-1
  • FULL-TIME STUDENT: A student who is carrying the normal full-time academic workload and is maintaining satisfactory academic progress as defined by the educational institution in which that student is enrolled. See Alabama Code 16-33B-1
  • fund: The Public Education Employees' Defined Contribution Savings Fund. See Alabama Code 16-25C-2
  • fund: The "County Government Capital Improvement Fund. See Alabama Code 11-29-3
  • FUND CAPITAL: All assets of the "fund. See Alabama Code 11-29-3
  • gasohol: A blended motor fuel composed of gasoline and motor fuel grade alcohol. See Alabama Code 8-17-80
  • gasoline: Any product commonly or commercially known as gasoline, regardless of classification, that is advertised, offered for sale, or sold for use as or used as motor fuel in an internal combustion engine, including gasohol and blended fuel which contains gasoline. See Alabama Code 8-17-80
  • GENERAL OBLIGATION INDEBTEDNESS: A bond financing agreement which, according to its terms, will be repaid from any funds at the disposal of the county commission. See Alabama Code 11-8A-1
  • GENERAL OPERATING EXPENSES: Any expense incurred by a county in the general operation and function of the county. See Alabama Code 11-8A-1
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • GENITAL NUDITY: The showing of the human male or female genitals or pubic area. See Alabama Code 13A-12-200.1
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 45-51-21.03
  • GOOD STANDING WITH LOCAL HEALTH AUTHORITIES OR OFFICIALS: A person in good standing with local health authorities or officials shall have had no substantiated complaints filed against him or her with the local health authorities or officials regarding the work of the person in the onsite sewage industry, and shall be known by the local health authorities or officials to be a person who abides by the rules and regulations of the Alabama Department of Public Health. See Alabama Code 34-21A-2
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 7-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Alabama Code 7-2A-103
  • GOVERNANCE RIGHTS: All a member's rights as a member of a limited liability company except financial rights, including without limitation, the rights to participate in the management of the limited liability company and to bind the limited liability company as provided in Section 10A-5-3. See Alabama Code 10A-5-1.02
  • GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity pursuant to this title and the governing documents of the entity, except that if the governing documents of the entity or this title divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, governing authority means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this title. See Alabama Code 10A-1-1.03
  • GOVERNING BODY: The board or body in which the general legislative powers of a municipality or county are vested; provided, that this division shall not authorize any county, city or town to construct an undertaking provided for in paragraph (1) a of this section in any city or town or in any portion of a county which is then adequately served by a like undertaking or undertaking performing the proposed service; provided further, that nothing contained in this division shall authorize the construction or operation of an undertaking for the purpose of manufacturing ice for sale at retail or for retail to the public. See Alabama Code 11-81-140
  • GOVERNING BODY: The county commission of a county. See Alabama Code 11-9-20
  • GOVERNING BODY: The county commission in which the legislative powers of the county are vested. See Alabama Code 11-20-1
  • GOVERNING BODY: The commission of the county. See Alabama Code 11-20-30
  • GOVERNING BODY: The county commission, board of directors or other group or body which governs, controls or makes decisions for a grantee. See Alabama Code 11-11B-1
  • GOVERNING BODY: The county commission in which the legislative functions of the county are vested by law. See Alabama Code 11-15-1
  • GOVERNING BODY: With respect to a county, its county commissioners, board of revenue, or other like governing body and with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 11-32-2
  • GOVERNING PERSON: A person serving as part of the governing authority of an entity. See Alabama Code 10A-1-1.03
  • GOVERNMENT SECURITIES: Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon. See Alabama Code 2-5A-30
  • 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,
  • grant: A monetary award under the Alabama Student Grant Program to an approved institution on behalf of and to the credit of an eligible student pursuant to this chapter. See Alabama Code 16-33A-1
  • grant: Any gift, grant, appropriation, donation, or advance by any donor, whether absolute or conditional, for any purpose. See Alabama Code 11-11B-1
  • grantee: Any county, or any department, board, bureau, commission or agency of any county, whether incorporated or not, acting on behalf of the county, or any public corporation, to which a grant is to be made. See Alabama Code 11-11B-1
  • Grantor: The person who establishes a trust and places property into it.
  • GREASE TRAP: A receptacle containing nontoxic, nonhazardous liquid waste generated by a commercial food operation or institutional food preparation facility including, without limitation, fats, oil, grease, and food scraps, whether connected to a city sewer or not, to include a sewage tank, as defined by the Alabama Department of Public Health rules. See Alabama Code 34-21A-2
  • grits: Grits, pearl grits, and degerminated grits made from corn by grinding or cracking as defined in the standards of identity set out in Title 21 of the Code of Federal Regulations, Part 15. See Alabama Code 20-1-71
  • GROSS VEHICLE WEIGHT: The empty weight of the truck or truck tractor, plus the heaviest load to be carried and, in the case of combinations, the empty weight of the heaviest trailer with which the power unit shall be placed in combination, plus the heaviest load to be carried. See Alabama Code 45-51-243.01
  • growth: The amount by which projected revenue in the Education Trust Fund for the fiscal year for which appropriations for teacher salaries are being made is anticipated to exceed projected revenue for the prior fiscal year. See Alabama Code 16-13-280
  • 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.
  • 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.
  • HALF-TIME STUDENT: A student who is carrying at least one half of the normal full-time academic workload as determined by the educational institution in which that student is enrolled. See Alabama Code 16-33B-1
  • HARMFUL TO MINORS: The term means:

    a. See Alabama Code 13A-12-200.1

  • HAZARDOUS MATERIALS: Any hazardous or toxic material or substance defined, listed, or regulated under environmental laws and, without restricting the generality thereof, shall include oil, gas, diesel fuel, aviation fuel, and petroleum products in whatever form they may exist. See Alabama Code 45-52-251.01
  • HEAD OF DEPARTMENT: Any individual designated by the city council as head of a major activity or department. See Alabama Code 45-17A-50.01
  • HEAD OF DEPARTMENT: Any individual designated by the city council as head of a major activity or department. See Alabama Code 45-17A-82.01
  • HEALTHCARE FACILITY: The definition shall be the same as in Section 22-21-260. See Alabama Code 34-27B-2
  • highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Alabama Code 32-1-1.1
  • HOME MEDICAL EQUIPMENT: Medical devices usable in a residential setting, as defined in regulations established by the board. See Alabama Code 34-14C-1
  • HOME MEDICAL EQUIPMENT SERVICES: The advertisement, sale, rental, delivery, installation, maintenance, replacement of, or instruction in the use of medical equipment and related supplies used by a sick or disabled individual to allow that individual to obtain care or treatment and be maintained in a residential setting. See Alabama Code 34-14C-1
  • HOME MEDICAL EQUIPMENT SERVICES PROVIDER: A corporation, other business entity, or person engaged in the business of providing home medical equipment services, either directly or through a contractual arrangement, to an unrelated sick or disabled individual in the residence of that individual. See Alabama Code 34-14C-1
  • Home state: means :

    (1) With respect to a national bank, the state in which the main office of the bank is located;

    (2) With respect to a state bank, the state by which the bank is chartered;

    (3) With respect to a foreign bank, the state determined to be the home state of such foreign bank under 12 U. See Alabama Code 5-13B-21

  • Home state regulator: means , with respect to an out-of-state state bank, the bank supervisory agency of the state in which such bank is chartered. See Alabama Code 5-13B-21
  • homeowner: A person who owns and resides in or intends to reside in a structure constructed or remodeled by a licensee of the board, or who contracts with a licensee for the purchase, construction, repair, improvement, or reimprovement of a structure to be used as a residence. See Alabama Code 34-14A-2
  • Host state: means a state, other than the home state of a bank, in which the bank maintains, or seeks to establish and maintain, a branch. See Alabama Code 5-13B-21
  • 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.
  • import: To bring petroleum products into this state for sale, use, or storage by any means of conveyance other than in the fuel supply tank of a motor vehicle. See Alabama Code 8-17-80
  • import: To bring or cause to be brought into the State of Alabama from outside of the state. See Alabama Code 13A-12-200.1
  • importer: A person who imports petroleum products into this state. See Alabama Code 8-17-80
  • improvement: Includes any building or structure and any facility, machinery, or equipment that cannot be removed from the real property on which it is situated without substantial damage to the real property or improvement. See Alabama Code 18-1A-3
  • improvement: Any site-built addition or enhancement attached to or detached from a residence or structure for use and enjoyment by the homeowner. See Alabama Code 34-14A-2
  • INACTIVE LICENSE: A license issued at the request of a licensee, or a building official or a building inspector, that is renewable, but that is not currently valid. See Alabama Code 34-14A-2
  • income: Money or property that a fiduciary receives as current return from a principal asset. See Alabama Code 19-3A-102
  • INCOME BENEFICIARY: A person to whom net income of a trust is or may be payable. See Alabama Code 19-3A-102
  • INCOME INTEREST: The right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. See Alabama Code 19-3A-102
  • incorporators: The persons forming a public corporation organized pursuant to this chapter. See Alabama Code 11-32-2
  • 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
  • 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 human person. See Alabama Code 34-21A-2
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • INPATIENT TREATMENT: Treatment being provided to a person at a state mental health facility or a designated mental health facility which has been specifically designated by the department for inpatient treatment. See Alabama Code 22-52-1.1
  • insolvency: The inability of a person 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
  • 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
  • INSPECTION FEE PERMIT HOLDER: A person to whom the Department of Revenue has issued an inspection fee permit. See Alabama Code 8-17-80
  • installation: The act of installing a conventional or engineered onsite sewage system. See Alabama Code 34-21A-2
  • institute: The Alabama Local Government Training Institute. See Alabama Code 11-3-42
  • INSTITUTIONAL RELATED EXPENSES: Nonsectarian educational expenses, including, but not limited to, tuition, mandatory fees, room and board, transportation, books and supplies, and other incidental nonsectarian education expenses anticipated by an eligible student. See Alabama Code 16-33A-1
  • INTAKE FACILITY: Any structure or facility by which untreated water is taken from any source water by any public water system for treatment and subsequent use or consumption by members of the public of Morgan County, for drinking or other purposes, including fire protection and sanitary sewer operations. See Alabama Code 45-52-251.01
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • INTERACTIVE COMPUTER SERVICE: Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and the systems operated or services offered by libraries or educational institutions. See Alabama Code 45-16A-20
  • 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
  • INTERESTED PARTY: Includes the following parties:

    a. See Alabama Code 11-40-62

  • internet: The international computer network of both federal and non-federal interoperable packet switched data networks. See Alabama Code 45-16A-20
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Interstate merger transaction: means :

    (1) The merger or consolidation of banks with different home states, and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or

    (2) The purchase of all or substantially all of the assets, including all or substantially all of the branches, of a bank whose home state is different from the home state of the acquiring bank. See Alabama Code 5-13B-21

  • Intestate: Dying without leaving a will.
  • INVOLUNTARY COMMITMENT: Court ordered mental health services in either an outpatient or inpatient setting. See Alabama Code 22-52-1.1
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • ISSUING STATE: The state whose tribunal issues a protection order. See Alabama Code 30-5B-2
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • JUDGE OF PROBATE: The Judge of Probate of Coosa County. See Alabama Code 45-19-141.02
  • JUDGE OF PROBATE: The judge of probate of the county in which an 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
  • 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: A person who is on the jury.
  • kerosene: All grades of kerosene, including, but not limited to, the two grades of kerosene, No. See Alabama Code 8-17-80
  • knowingly: The term means knowingly, as defined by Section 13A-2-2(2), doing an act involving a material when the person knows the nature of the material. See Alabama Code 13A-12-200.1
  • label: A display of written, printed, or graphic matter upon the immediate container of any article. See Alabama Code 20-1-20
  • LABOR UNION: An organization in which employees participate for the purpose of dealing with one or more employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. See Alabama Code 11-32-2
  • LAUDERDALE COUNTY: Lauderdale County in the State of Alabama. See Alabama Code 45-17-243
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • law enforcement officer: shall mean and include a policeman, policewoman, and other official who has authority to make arrests and who is employed by any municipality in the state as a permanent and regular employee for and subject to law enforcement duties, but it does not include any person elected by popular vote. See Alabama Code 11-43-181
  • law enforcement officer: shall mean an official who is certified by the Alabama Peace Officers' Standards and Training Commission who has authority to make arrests and who is employed by any municipality in the state as a permanent and regular employee with law enforcement duties, including police chiefs and deputy police chiefs. See Alabama Code 11-43-231
  • LAW ENFORCEMENT OFFICER: A policeman regularly employed by a municipality within the county or a sheriff or deputy sheriff regularly employed by the county. See Alabama Code 22-52-90
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Alabama Code 7-2A-103
  • 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
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Alabama Code 7-2A-103
  • LEASE AGREEMENT: Any agreement of lease covering all or any part of the properties comprising the Alabama Agricultural Center, including the coliseum and any facilities necessary in connection therewith, which may be made between the board and the corporation pursuant to the provisions of this article. See Alabama Code 2-6-50
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Alabama Code 7-2A-103
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Alabama Code 7-2A-103
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • legislature: The Legislature of Alabama. See Alabama Code 16-33C-3
  • lender: Any federal or state chartered bank, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association, small business investment company or any other institution qualified within this state to originate and service loans, including, but without limitation to, insurance companies, credit unions and mortgage loan companies. See Alabama Code 2-3A-2
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: Any license issued by the board pursuant to this chapter. See Alabama Code 34-14A-2
  • license: A valid and current certificate of qualification issued by the board which shall give the named person to whom it is issued authority to engage in the specialized area and level of qualification described on the certificate. See Alabama Code 34-21A-2
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 10A-1-1.03
  • licensee: A holder of any license issued pursuant to this chapter. See Alabama Code 34-14A-2
  • licensee: A qualified individual holding a license issued by the board. See Alabama Code 34-21A-2
  • LICENSING AUTHORITY: The state court, state regulatory licensing board, or other like agency which has the power to issue a license or other legal authorization to render professional services. See Alabama Code 10A-1-1.03
  • LICENSING AUTHORITY: As defined in Section 10A-1-1. See Alabama Code 10A-4-1.03
  • LICENSING PROCEDURE: The process of testing at the state level to determine the knowledge and skill of an individual with respect to onsite sewage systems, and the issuing of licenses to indicate that an individual has passed the examinations and met all other board-established qualifications for licensure. See Alabama Code 34-21A-2
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED OBLIGATION INDEBTEDNESS: Bonds which, according to their terms, are required to be paid solely from the proceeds of a specific tax, fee, license, charge, or other specific revenue stream. See Alabama Code 11-8A-1
  • LIMITED PARTNER: A person who has been admitted to a limited partnership as a limited partner as provided by:

    (A) in the case of a domestic limited partnership, Chapter 9A; or

    (B) in the case of a foreign limited partnership, the laws of its jurisdiction of formation. See Alabama Code 10A-1-1.03

  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LITIGATION EXPENSES: The sum of the costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, necessary to prepare for anticipated or participation in actual probate or circuit court proceedings. See Alabama Code 18-1A-3
  • LOCAL EMPLOYING BOARD: Any public county or city school system which falls under the jurisdiction of the State Board of Education and the State Superintendent of Education, the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, the Department of Youth Services School District, the Alabama High School of Mathematics and Science, and any public educational employer covered by this chapter but not specifically enumerated herein. See Alabama Code 16-22A-3
  • LOCAL HEALTH AUTHORITY OR OFFICIALS: The county health department in the county or counties in which a licensee performs work in or is engaged in the manufacture, installation, cleaning, servicing, or maintenance of onsite sewage systems or equipment. See Alabama Code 34-21A-2
  • LOCAL PUBLIC ENTITY: A public entity other than the state. See Alabama Code 18-1A-3
  • LUBRICATING OIL: Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum. See Alabama Code 8-17-80
  • MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 10A-1-1.03
  • MANDATORY INCOME INTEREST: The right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Alabama Code 19-3A-102
  • manufacturer: Person engaged in the production of septic tanks or receptacle equipment used in onsite sewage systems. See Alabama Code 34-21A-2
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • MARKET FACILITY: Any facility for the inspection, grading, standardization, classification, refrigeration, dehydration, canning, packing, processing, cold storage and marketing of agricultural and kindred products permitted to be acquired and constructed by the Board of Agriculture and Industries pursuant to Section 2-3-20. See Alabama Code 2-6-70
  • MASCULINE GENDER: Comprehends all other genders. See Alabama Code 45-35A-51.01
  • MASTECTOMY FITTER: A health care professional who is specifically educated and trained in the provision of breast prostheses and post-mastectomy services, including patient assessment, formulation of a treatment plan, implementation of the treatment plan, and follow-up and practice management, which is consistent with nationally recognized programs that are accredited by the National Commission for Certifying Agencies (NCCA). See Alabama Code 34-25A-3
  • material: Any book, magazine, newspaper, printed or written matter, writing, description, picture, drawing, animation, photograph, motion picture, film, video tape, pictorial representation, depiction, image, electrical or electronic reproduction, broadcast, transmission, telephone communication, sound recording, article, device, equipment, matter, oral communication, live performance, or dance. See Alabama Code 13A-12-200.1
  • mediator: A person who is experienced in the field of alternative dispute resolution, and/or a person who has completed a course of training in alternative dispute resolution, and/or has been recognized as an arbitrator by an entity regularly engaged in providing arbitration services. See Alabama Code 16-24B-2
  • MEDICALLY APPROVED PROTOCOL: A detailed plan for taking specific diagnostic or treatment actions, or both, authorized by the treating physician of the patient, all of which actions shall be:

    a. See Alabama Code 34-27B-2

  • member: An individual resident and registered voter of Lauderdale County or Colbert County, who has been appointed to the authority by their respective governing bodies to serve in a representative capacity. See Alabama Code 45-39-92
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 10A-3-1.02
  • member: A person reflected in the required records of a limited liability company as the owner of some governance rights of a membership interest in the limited liability company. See Alabama Code 10A-5-1.02
  • MENTAL ILLNESS: A psychiatric disorder of thought and/or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. See Alabama Code 22-52-1.1
  • merger: The combination of one or more domestic entities with one or more domestic entities or foreign entities resulting in:

    (A) one or more surviving domestic entities or foreign entities;

    (B) the creation of one or more new domestic entities or foreign entities, or one or more surviving domestic entities or foreign entities; or

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

  • METROPOLITAN PLANNING ORGANIZATION: The forum for cooperative transportation decision making for a metropolitan planning area pursuant to 23 U. See Alabama Code 11-32-2
  • MINIMUM BID PRICE: The price that equals the Redemption Amount. See Alabama Code 11-40-62
  • minor: Any unmarried person under the age of 18 years. See Alabama Code 13A-12-200.1
  • 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
  • month: The calendar month. See Alabama Code 45-52-244
  • Month: means the calendar month. See Alabama Code 45-14-243.01
  • month: means a calendar month. See Alabama Code 1-1-1
  • mortgage: A mortgage or a mortgage and deed of trust. See Alabama Code 11-20-1
  • mortgage: A mortgage or a mortgage and deed of trust or a trust indenture. See Alabama Code 11-20-30
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • mortgage: A mortgage or a mortgage and deed of trust. See Alabama Code 11-15-1
  • 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: as used in this division , shall include all vehicles propelled by any power other than muscular power. See Alabama Code 8-17-150
  • MOTOR VEHICLE: Every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for electric personal assistive mobility devices and electric bicycles. See Alabama Code 32-1-1.1
  • MUNICIPAL CODE LIEN: Any lien that has been levied against real property by a Class 2 municipality that is the result of the non-payment of any fine, penalty, abatement cost, or enforcement cost incurred by a Class 2 municipality related to the enforcement of state or local housing and building codes. See Alabama Code 11-40-62
  • MUNICIPAL CODE LIEN PAYOFF: The principal amount of a municipal code lien, interest accrued at the rate of seven and one-half percent per annum from the date the municipal code lien was filed in the office of the judge of the probate, any fees or costs incurred in the collection of such a lien under this article including, without limitations, the cost of title examinations and publication of notices, and any other penalties allowable under either state law or under an ordinance or resolution enacted by the Class 2 municipality. See Alabama Code 11-40-62
  • municipal corporation: shall mean the Town of Loxley in Baldwin County. See Alabama Code 45-2A-80
  • MUNICIPAL COURT: The Municipal Court of the City of Midfield. See Alabama Code 45-37A-331.02
  • municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 11-81-140
  • municipality: The incorporated City of Elba. See Alabama Code 45-16A-20
  • municipality: A municipal corporation in the state. See Alabama Code 11-9-20
  • municipality: An incorporated city or town. See Alabama Code 45-19-141.02
  • municipality: An incorporated city or town of this state. See Alabama Code 11-32-2
  • MUTUAL FOREIGN PROTECTION ORDER: A foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. See Alabama Code 30-5B-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 Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • NET GALLONS: The amount of dyed diesel fuel and dyed kerosene measured in gallons when adjusted to a temperature of 60 degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds pressure per square inch. See Alabama Code 8-17-80
  • NET INCOME: The total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period. See Alabama Code 19-3A-102
  • NET PRESENT VALUE SAVINGS: The projected cost savings to the county from refinancing any bonds, by comparing the net present value of the costs of the bonds proposed for refunding, including the original costs of issuance and the payment of principal and interest on the bonds proposed for refunding, with the net present value of the costs of the proposed bonds, including the costs of issuance and refinancing and the payment of principal and interest on the proposed bonds. See Alabama Code 11-8A-1
  • 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.
  • non compos mentis: include all persons of unsound mind. See Alabama Code 1-1-1
  • NONCERTIFIED APPLICANT FOR EMPLOYMENT: Any person not certified by the state who submits an application for employment to a local employing board or any nonpublic school, to act in any capacity in which the individual will have unsupervised access to children in an educational environment. See Alabama Code 16-22A-3
  • NONFILING ENTITY: A domestic entity that is not a filing entity. See Alabama Code 10A-1-1.03
  • NONPROFIT ASSOCIATION: An unincorporated nonprofit association as defined in Chapter 17. See Alabama Code 10A-1-1.03
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 10A-3-1.02
  • NONPROFIT ENTITY: An entity that is a nonprofit corporation, nonprofit association, or other entity that is organized solely for one or more nonprofit purposes. See Alabama Code 10A-1-1.03
  • NONPUBLIC SCHOOL: Any nonpublic or private school, including parochial schools, not under the jurisdiction of the State Superintendent of Education and the State Board of Education, yet providing educational services to children. See Alabama Code 16-22A-3
  • notes: The warrant anticipation notes authorized to be issued under this article. See Alabama Code 16-13-210
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Oath: A promise to tell the truth.
  • obscene: The term means that:

    a. See Alabama Code 13A-12-200.1

  • 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
  • ONSITE SEWAGE SYSTEM: Any system of piping, treatment devices, pumps, alarms, or other facilities or devices that carry or convey, store, treat, or dispose of sewage (human waste) where the system is not connected to a public sewer, including an onsite sewage treatment and disposal system onsite septic system (OSS) as defined by the Alabama Department of Public Health rules. See Alabama Code 34-21A-2
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • OPERATING AGREEMENT: A written agreement of the member or members governing the affairs of a limited liability company and the conduct of its business. See Alabama Code 10A-5-1.02
  • organ: Any human organ, human bone or human tissue, or any other part or portions of the human body, retrieved in Alabama except that the term "organ" shall not include blood, blood products, or eyes or corneas of the eye for the purposes established by this article. See Alabama Code 22-19-121
  • organ: Organs, tissues, eyes, bones, arteries, blood or other fluids and any other part or portions of a human body. See Alabama Code 22-19-141
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, or other organization, including, regardless of its organizational form, a bank, insurance company, credit union, and savings and loan association, whether for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
  • organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 10A-1-1.03
  • orthosis: A custom-fabricated or custom-fitted definitive brace or support that is designed for long-term use. See Alabama Code 34-25A-3
  • ORTHOTIC FITTER: A health care practitioner, licensed with the board, who is specifically educated and trained in the provision of certain orthoses, including patient assessment, formulation of a treatment plan, follow-up, and practice management, consistent with nationally recognized programs accredited by the National Commission for Certifying Agencies (NCCA). See Alabama Code 34-25A-3
  • ORTHOTIC SUPPLIER: A person registered with the board who is employed by or has a contractual relationship with a manufacturer of orthoses or orthosis components and who has complied with the registration requirements of the board. See Alabama Code 34-25A-3
  • orthotics: The science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, an orthosis for the support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. See Alabama Code 34-25A-3
  • orthotist: A person licensed to practice orthotics under this chapter. See Alabama Code 34-25A-3
  • ORTHOTIST ASSISTANT: A person licensed under terms to be defined by the board and employed by the same agency as his or her licensed referring evaluator. See Alabama Code 34-25A-3
  • Out-of-state bank: means a bank whose home state is a state other than Alabama. See Alabama Code 5-13B-21
  • Out-of-state state bank: means a bank chartered under the laws of any state other than Alabama. See Alabama Code 5-13B-21
  • OUTPATIENT TREATMENT: Treatment being provided to a person in a nonresidential setting and who is not admitted for 24-hour-a-day care. See Alabama Code 22-52-1.1
  • OUTSTANDING WARRANTS: With respect to each county and as of any particular time:

    a. See Alabama Code 11-11-1

  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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 45-37A-331.02
  • owner: A person owning one or more dwellings or businesses. See Alabama Code 45-19-141.02
  • owner: A person, other than a lienholder, having the property in or title to a vehicle. See Alabama Code 32-1-1.1
  • OWNER OCCUPIED: Real property that is lawfully occupied as a principal residence that is any of the following:

    a. See Alabama Code 11-40-62

  • owners: as used in this article , shall mean the person in whose name the property is assessed for ad valorem tax purposes in the absence of proof to the contrary. See Alabama Code 11-42-20
  • OWNERSHIP INTEREST: An owner's interest in an entity. See Alabama Code 10A-1-1.03
  • PACT ADMINISTRATIVE FUND: The PACT Administrative Fund created in subsection (c) of Section 16-33C-6. See Alabama Code 16-33C-3
  • PACT BOARD: The board of directors and trustees of the PACT Trust Fund. See Alabama Code 16-33C-3
  • PACT CONTRACT: A contract entered into by the board and a participant in the PACT Program. See Alabama Code 16-33C-3
  • PACT PROGRAM: The Alabama Prepaid Affordable College Tuition Program created in subsection (a) of Section 16-33C-6. See Alabama Code 16-33C-3
  • PACT TRUST FUND: The fiduciary trust fund created in subsection (b) of Section 16-33C-6. See Alabama Code 16-33C-3
  • paratransit: Comparable transportation service required by the Americans with Disabilities Act for individuals who are unable to use fixed route transportation systems. See Alabama Code 11-32-2
  • PART-TIME EMPLOYEE: That category of service in which the individuals are employed on an on-going basis but are normally scheduled to work less than 32 hours in the established workweek, or the equivalent hours for those public safety individuals who are assigned to work a work period in accordance with the Fair Labor Standards Act. See Alabama Code 45-17A-50.01
  • PART-TIME EMPLOYEE: That category of service in which an individual is employed on an on-going basis but is normally scheduled to work less than 32 hours in the established workweek, or the equivalent hours for those public safety individuals who are assigned to work a work period in accordance with the Fair Labor Standards Act. See Alabama Code 45-17A-82.01
  • PART-TIME STUDENT: An individual student who meets all qualifications as an eligible student and who meets the further criteria to be established by the ACHE. See Alabama Code 16-33A-1
  • participant: A person who elects to participate in the fund who makes voluntary employee contributions into a 457 deferred compensation plan or a 403(b) tax sheltered annuity plan and who is a member of the Teachers' Retirement System. See Alabama Code 16-25C-2
  • PARTICIPATING MUNICIPALITY: A municipality in an authorizing county, other than the principal municipality, which is then providing funds for the authority, pursuant to resolution, contract, or otherwise. See Alabama Code 11-32-2
  • 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
  • PARTNERSHIP AGREEMENT: Any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a general partnership or a limited partnership. See Alabama Code 10A-1-1.03
  • PARTY TO THE MERGER: A domestic entity or foreign entity that under a plan of merger is combined by a merger. See Alabama Code 10A-1-1.03
  • PEDORTHIC DEVICE: Custom therapeutic shoes, diabetic shoes if prescribed by an authorized health care practitioner for the treatment of partial or complete amputation of the foot, foot ulceration, pre-ulcerative callous, or foot deformity, shoe modifications made for therapeutic purposes, partial foot prostheses, and foot orthoses and orthoses for use from the knee and below used for the treatment or alleviation, or both, of a condition that has its origin in the foot. See Alabama Code 34-25A-3
  • pedorthics: The design, manufacture, modification, or fit of custom shoes, orthoses, and pedorthic devices to prevent or alleviate foot problems caused by disease, congenital defect, overuse, or injury. See Alabama Code 34-25A-3
  • pedorthist: A person who is licensed to practice pedorthics under this chapter. See Alabama Code 34-25A-3
  • PERMISSIVE SUPPLIER: An out-of-state supplier that elects, but is not required, to have a supplier's license as required in Section 40-17-332. See Alabama Code 8-17-80
  • PERMITTED INVESTMENTS: (i) Government securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: bank for cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits, including interest thereon, are fully secured by a pledge of obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a prefected security interest in such obligations, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service. See Alabama Code 2-5A-30
  • person: Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity, or any other group or combination of any thereof acting as a unit. See Alabama Code 45-51-243.01
  • person: Includes a natural individual, partnership, corporation, association, other legal or fiduciary entity, and a public entity. See Alabama Code 18-1A-3
  • person: Any natural person, limited or general partnership, corporation, association, limited liability company, or other legal entity, or any combination thereof. See Alabama Code 34-14A-2
  • person: An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Alabama Code 19-3A-102
  • person: Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit. See Alabama Code 8-17-80
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
  • person: Any individual, firm, partnership, corporation, association, or any combination thereof. See Alabama Code 45-19-244
  • person: Every individual, firm, copartnership, association, or corporation. See Alabama Code 32-1-1.1
  • person: Any individual and, except where inappropriate, any partnership, firm, association, corporation or other legal entity. See Alabama Code 13A-12-200.1
  • person: An individual, including the estate of an incompetent or deceased individual, or an entity, 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: Unless limited to a natural person by the context in which it is used, a person, corporation, association, partnership or cooperative. See Alabama Code 2-3A-2
  • person: An individual, partnership, corporation, or association or any combination thereof. See Alabama Code 20-1-20
  • person: An individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization. See Alabama Code 20-1-71
  • person: Any person, firm, partnership, association, joint venture, or corporation, and any combination of persons herein specified, but "person" shall not include the United States or any agency or instrumentality thereof, except in the case of voluntary submission to the policies and procedures and standards for quality assurance established by this article and by the "chairman". See Alabama Code 22-19-121
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, municipality, county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 11-32-2
  • PERSON FIRST SELLING: Any person, as herein defined, who first sells dyed diesel fuel, dyed kerosene, and/or lubricating oil in Alabama on which an inspection fee is imposed by this article. See Alabama Code 8-17-80
  • PERSONAL PROPERTY: Any property other than real property which is affixed or directly related to the real property proposed to be acquired. See Alabama Code 18-1A-3
  • Personal Property Instrument: means 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 45-23-83.01
  • PETROLEUM PRODUCTS: Gasoline, diesel fuel, and lubricating oil. See Alabama Code 8-17-80
  • 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 45-37A-331.02
  • physician: A person who is a doctor of medicine or a doctor of osteopathy licensed to practice. See Alabama Code 34-25A-3
  • physician: A person who is a doctor of medicine or a doctor of osteopathy licensed to practice in this state. See Alabama Code 34-27B-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: The Wallace-Folsom Savings Investment Plan established pursuant to this chapter that consists of the PACT Program, the ACES Program, and the ABLE Program. See Alabama Code 16-33C-3
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • PLEDGED FUNDS: When used with reference to any warrants issued by any county pursuant to the provisions of this chapter, any taxes, revenues, or other funds pledged pursuant to Section 11-28-3 for the payment of the principal of and interest on such warrants, irrespective of whether such warrants constitute general obligations of such county or limited obligations payable solely from the taxes, revenues, or other funds so pledged. See Alabama Code 11-28-1.1
  • podiatrist: A person licensed or authorized to practice podiatry pursuant to Article 6 of Chapter 24. See Alabama Code 34-25A-3
  • 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
  • PRACTICE OF SOIL CLASSIFICATION: Any professional service which requires the application of soil classification principles and data. See Alabama Code 34-32-2
  • 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.
  • preceding: means next before. See Alabama Code 1-1-1
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • present sale: means a sale which is accomplished by the making of the contract. See Alabama Code 7-2-106
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • 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.
  • PRESUMPTIVE REMAINDER BENEFICIARY: Those persons who would be entitled to the principal of a trust if the income interest were immediately terminated, and if a trust contains a power of appointment, the holder of such power of appointment shall also be a presumptive remainder beneficiary. See Alabama Code 19-3A-102
  • principal: Property transferred to or acquired by a fiduciary and held in trust for distribution to a remainder beneficiary when an income interest ends. See Alabama Code 19-3A-102
  • principal: Includes only those persons hired before July 1, 2000, and certified for the position of principal as prescribed by the State Board of Education and who are employed by an employing board as the chief administrator of a school, including a vocational center. See Alabama Code 16-24B-2
  • PRINCIPAL MUNICIPALITY: The municipality in an authorizing county having the largest population in the authorizing county according to the last or any subsequent federal decennial census. See Alabama Code 11-32-2
  • PRINCIPAL OFFICE: The office, in or out of this state, where the principal executive office, whether referred to as the principal executive office, chief executive office, or otherwise, of an entity is located. See Alabama Code 10A-1-1.03
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments to the certificate of incorporation, the bylaws, and the minutes of proceedings of the board are kept. See Alabama Code 11-32-2
  • PRIOR FISCAL YEAR: The fiscal year immediately prior to the fiscal year for which appropriations for teacher salaries are being made. See Alabama Code 16-13-280
  • PRIVATE INVESTIGATION: The compensated act of any individual or company engaging in the business of obtaining or furnishing information with reference to any of the following:

    a. See Alabama Code 34-25B-2

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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.
  • PROBATIONARY PRINCIPAL: Any principal hired for the first time in any local school system as a principal on or after July 1, 2000. See Alabama Code 16-24B-2
  • PROBATIONARY STATUS: A condition of employment in which covered employees serve the completion of the established probationary period and the approval for regular status by the appointing authority. See Alabama Code 45-17A-50.01
  • PROBATIONARY STATUS: A condition of employment in which covered employees serve the completion of the established probationary period and the approval for regular status by the appointing authority. See Alabama Code 45-17A-82.01
  • produce: Create, make, write, film, produce, reproduce, direct, or stage. See Alabama Code 13A-12-200.1
  • producer: Any person engaging in the business of severing sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the soil within Coosa County. See Alabama Code 45-19-244
  • PROFESSIONAL ASSOCIATION: A professional association as defined in Chapter 30. See Alabama Code 10A-1-1.03
  • 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 CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • PROFESSIONAL ENTITY: A professional association and a professional corporation. See Alabama Code 10A-1-1.03
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 10A-1-1.03
  • PROFESSIONAL SERVICE: As defined in Section 10A-1-1. See Alabama Code 10A-4-1.03
  • 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 Alabama Student Grant Program, including the administration thereof. See Alabama Code 16-33A-1
  • project: Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:

    a. See Alabama Code 11-20-1

  • project: Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:

    a. See Alabama Code 11-20-30

  • project: A building or buildings designed for use and occupancy as a county courthouse or jail or for the supplying of offices and related facilities for officers and departments of the county and any agencies for which the county may lawfully furnish office facilities or any one or more thereof, together with any lands deemed by the board to be desirable in connection therewith. See Alabama Code 11-15-1
  • promotion: The reassignment of a covered employee to a higher job class involving definite and defined increase in duties and responsibilities and a corresponding increase in remuneration. See Alabama Code 45-17A-50.01
  • promotion: The reassignment of a covered employee to a higher job class involving a definite and defined increase in duties and responsibilities and a corresponding increase in remuneration. See Alabama Code 45-17A-82.01
  • 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: An interest in real or personal property under the law of this state. See Alabama Code 18-1A-3
  • 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: Real and personal property, and any and all interests in the real and personal property. See Alabama Code 11-32-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • prosthesis: A definitive artificial limb that is alignable or articulated or, in lower extremity applications, capable of bearing weight. See Alabama Code 34-25A-3
  • prosthetics: The science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, aligning, adjusting, or servicing, as well as providing the initial education necessary to accomplish the wearing and use of a prosthesis, through the replacement of external parts of a human body lost due to amputation or congenital deformities or absences. See Alabama Code 34-25A-3
  • prosthetist: A person who is licensed to practice prosthetics under this chapter. See Alabama Code 34-25A-3
  • PROSTHETIST ASSISTANT: A person licensed under terms to be defined by the board and employed by the same agency as his or her licensed referring evaluator. See Alabama Code 34-25A-3
  • PROTECTED INDIVIDUAL: An individual protected by a protection order. See Alabama Code 30-5B-2
  • PROTECTION ORDER: An injunction or other order, issued by a tribunal under the domestic violence or family violence laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. See Alabama Code 30-5B-2
  • PUBLIC CORPORATION: Any board, authority or other county public corporation incorporated with the approval of, or more than one of the directors of which are elected or appointed by, the governing body of a county. See Alabama Code 11-11B-1
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • PUBLIC FACILITIES: When used with reference to or in connection with any county, any or all of the following facilities which such county may at any time have been or be authorized to acquire, by construction, purchase, or otherwise, pursuant to any laws other than this chapter, or facilities that a municipality may have been or be authorized to acquire, including all land and all easements and other rights or interests in land necessary or desirable for such facilities:

    a. See Alabama Code 11-28-1.1

  • 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 PERSON: Any agency, board, commission, department, instrumentality, or corporation of the State of Alabama, any county, municipality, or other political subdivision of the State of Alabama, and any public authority, board, or corporation created by any county or municipality or of which any county or municipality is a member. See Alabama Code 16-13-301
  • 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 SCHOOL FACILITIES: All tangible and intangible property and interests in property, whether real, personal or mixed, used or useful for educational and public school purposes and related purposes, including without limitation land and rights or interests in land, school buildings and playgrounds, classrooms, libraries, auditoriums, gymnasiums, recreational and sport facilities, stadiums, arenas, facilities for the performing arts, offices, school buses, buildings for housing and repairing school buses, cafeterias and dining facilities, laboratories, office facilities, equipment, furniture and fixtures, telecommunication facilities, heating and cooling facilities, and related property. See Alabama Code 16-13-301
  • PUBLIC TRANSPORTATION SERVICE: All service involved in the transportation of passengers for hire by means of buses, street railway, elevated railway, subway, underground railroad, light rail, mass transit systems, motor vehicles, or other means of conveyance generally associated with or developed for mass surface or sub-surface transportation of the public, but does not include any service involved in transportation by taxicab, airport limousine, or industrial bus; however, public transportation service does not include aircraft or any air service subject to the Air Carrier Access Act of 1986 or managed by an airport authority of the principal municipality. See Alabama Code 11-32-2
  • PUBLIC WATER SYSTEM: Any water supply system operated by any municipality in Morgan County, or any public board, authority, or agency that provides drinking water for human consumption or other purposes to residents of Morgan County. See Alabama Code 45-52-251.01
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Alabama Code 7-2A-103
  • purchaser: Any person acquiring title, outright or conditionally, to any interest in sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof. See Alabama Code 45-19-244
  • purchaser: A person who is obligated to make contract payments in accordance with a PACT contract entered into pursuant to this chapter. See Alabama Code 16-33C-3
  • QUALIFIED MINOR: The term as it is defined in Section 22-8A-3. See Alabama Code 16-30B-2
  • QUALIFIED PERSON: With respect to any domestic professional corporation:

    a. See Alabama Code 10A-4-1.03

  • QUALIFIED PROFESSIONAL SOIL CLASSIFIERS: Such persons who, by reason of their knowledge of soil classification acquired by professional education and practical experience, are qualified to engage in the practice of soil classification as defined. See Alabama Code 34-32-2
  • QUALIFIED STATE: Any state, other than Alabama, or territory of the United States or the District of Columbia which allows individuals authorized to render professional services in Alabama and not in the other state, or partnerships of the individuals, or domestic professional corporations or professional associations owned by the individuals to own shares of professional corporations or to be members of professional associations organized under its laws. See Alabama Code 10A-4-1.03
  • QUALIFYING REPRESENTATIVE: The individual designated by a general partnership, limited partnership, corporation, limited liability company, or not-for-profit organization applying for a license who either holds a license individually or meets the experience and ability requirements for licensure, and who is one of the following:

    a. See Alabama Code 34-14A-2

  • QUALITY ASSURANCE: The policies and procedures and standards of quality for the acquisition and/or transportation of donated organs, bones, and tissue retrieved in Alabama. See Alabama Code 22-19-121
  • Quorum: The number of legislators that must be present to do business.
  • re-refined oil: as used in this division , shall mean any lubricating oil, lubricant or motor lubricating oil which has been previously used, in whole or in part, when such oil has been reprocessed, re-refined or in any manner reclaimed, regardless of the quality of the oil, the method of reprocessing, re-refining or reclaiming of the oil or of the intended use of such oil. See Alabama Code 8-17-110
  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust, association, or other entity as defined in Chapter 10. See Alabama Code 10A-1-1.03
  • REAL PROPERTY: Land and any improvements upon or connected with land; and includes an easement, servitude, or other interest therein. See Alabama Code 18-1A-3
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real Property Instrument: means and 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 judgment, and plats or maps showing subdivisions of real estate. See Alabama Code 45-23-83.01
  • REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler's business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler's business. See Alabama Code 45-51-21.03
  • REASONABLE SUSPICION: Belief by a prudent person that reasonable articulable grounds exist to suspect that the past or present behavior of an employee should be reviewed to determine if such behavior or conduct bears upon the fitness of the employee to teach or have responsibility for the safety and well-being of children, or both, as defined in this chapter. See Alabama Code 16-22A-3
  • reassignment: The promotion or demotion of a covered employee. See Alabama Code 45-17A-50.01
  • reassignment: The promotion or demotion of a covered employee. See Alabama Code 45-17A-82.01
  • Recess: A temporary interruption of the legislative business.
  • recklessly: The term means recklessly, as defined by Section 13A-2-2(3), doing an act involving a material when the person knows the nature of the material. See Alabama Code 13A-12-200.1
  • 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
  • REDEMPTION AMOUNT: The sum of a. See Alabama Code 11-40-62
  • REFUNDABLE DEBT: With respect to any board, (i) any valid indebtedness of such board evidenced by warrants issued pursuant to the provisions of this article, and (ii) any valid indebtedness or obligations of such board issued pursuant to any provision of law other than this article, and (iii) any valid indebtedness or obligations of such board incurred pursuant to any agreement (including without limitation a funding agreement or lease agreement) by such board and a public person whereunder such board shall make payments (including without limitation rental payments) to such public person to enable such public person to pay valid indebtedness or obligations thereof incurred for the benefit of such board, and (iv) any valid indebtedness or obligations of any public person incurred on behalf, or for the benefit, of such board. See Alabama Code 16-13-301
  • REFUNDABLE DEBT: With respect to any county, (i) any debt of such county evidenced by warrants issued pursuant to the provisions of this chapter and (ii) any valid debt of such county that is evidenced by bonds, notes, warrants or other instruments issued pursuant to laws other than this chapter and that was initially incurred to pay the costs of public facilities or to refund debt that, through one or more prior refundings, was initially incurred to pay the costs of public facilities. See Alabama Code 11-28-1.1
  • REFUNDING BONDS: Those refunding bonds issued under and pursuant to Section 2-5A-35. See Alabama Code 2-5A-30
  • REFUNDING WARRANTS: Warrants that may be issued under the provisions of Section 11-11-6. See Alabama Code 11-11-1
  • REGIONAL PLANNING COMMISSION: The regional organization representing governing bodies of local governments under Act 584 of the 1963 Regular Session (Acts 1963, p. See Alabama Code 11-32-2
  • REGISTERED PROFESSIONAL SOIL CLASSIFIER: A person entitled under this chapter to take and use the title. See Alabama Code 34-32-2
  • 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 STATUS: A condition of employment that covered employees are afforded upon completion of the established probationary period and approval by the appointing authority. See Alabama Code 45-17A-50.01
  • REGULAR STATUS: A condition of employment that covered employees are afforded upon completion of the established probationary period and approval by the appointing authority. See Alabama Code 45-17A-82.01
  • REMAINDER BENEFICIARY: A person entitled to receive principal when an income interest ends. See Alabama Code 19-3A-102
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • RENTAL PASSENGER VEHICLE: An automotive vehicle designed to carry 15 or fewer passengers and used primarily for the transportation of persons on public roads and highways that is rented or leased without a driver, regardless of where such vehicle is licensed. See Alabama Code 45-51-243.01
  • RENTAL REVENUE: The value proceeding or accruing from the lessee or renter in each transaction involving the leasing or renting of tangible personal property, not including any license, privilege, or excise tax passed on to a lessee or renter by a lessor or vendor, without any deduction on account of the cost of the property so leased or rented, the cost of materials used, labor or service cost, interest paid, or any other expenses whatsoever, part of any person claiming an exemption under subdivision (4) of Section 45-51-243. See Alabama Code 45-51-243.01
  • RENTAL TAX: The privilege, license, or excise tax authorized by this part. See Alabama Code 45-51-243.01
  • RENTAL TRUCK: An automotive vehicle designed primarily for the transportation on public roads and highways of property in or upon its own structure and having a gross vehicle weight under 26,000 pounds, including, without limitation, an automotive vehicle commonly known as a pickup or pickup truck, that is rented or leased without a driver, regardless of where such vehicle is licensed. See Alabama Code 45-51-243.01
  • 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).
  • REPRESENTATIVE OF A QUALIFIED MINOR: The term as it is defined in Section 22-8A-3. See Alabama Code 16-30B-2
  • 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 unit providing complete independent residential living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Alabama Code 34-14A-2
  • RESIDENT OF ALABAMA: For purposes of this chapter, a resident is a person who attends an eligible institution within the State of Alabama, or who lives in Alabama and attends an eligible institution outside the state, or who obtains a guaranteed student loan from an approved lender. See Alabama Code 16-33B-1
  • RESIDENTIAL HOME BUILDER: A person who constructs a residence or structure for sale or who, for a fixed price, commission, fee, or wage, undertakes or offers to undertake the construction or superintending of the construction, or who manages, supervises, assists, or provides consultation to a homeowner regarding the construction or superintending of the construction, of any residence or structure that is not over three floors in height and that does not have more than four residential units, or the repair, improvement, or reimprovement thereof, to be used by another as a residence when the cost of the undertaking exceeds ten thousand dollars ($10,000). See Alabama Code 34-14A-2
  • RESIDENTIAL ROOFER: A person who installs products or repairs surfaces on the external upper covering of a residence or structure that seals, waterproofs, or weatherproofs the residence or structure. See Alabama Code 34-14A-2
  • RESPIRATORY THERAPIST: A person licensed by the board to administer respiratory therapy and who has the knowledge and skills necessary to administer respiratory therapy, monitor patient responses, modify respiratory therapy based upon patient response, provide information and education to patients about deficiencies or disorders of the cardiopulmonary system, and supervise others in the delivery of appropriate respiratory therapy procedures. See Alabama Code 34-27B-2
  • RESPIRATORY THERAPY OR CARE: Therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities of the cardiopulmonary system and associated aspects of other systems' functions, given by a health care professional under the direction of a physician. See Alabama Code 34-27B-2
  • respondent: The individual against whom enforcement of a protection order is sought. See Alabama Code 30-5B-2
  • respondent: A person for which a petition for commitment to mental health services has been filed. See Alabama Code 22-52-1.1
  • RESPONSIBLE CHARGE: The person in responsible charge must direct the projects involving the installation or service and repair of an onsite sewage system under Alabama law. See Alabama Code 34-21A-2
  • RESPONSIBLE CHARGE OF WORK: The independent control and direction by the use of initiative, skill, and independent judgment of work or the supervision of such work. See Alabama Code 34-32-2
  • Resulting bank: means a bank that has resulted from an interstate merger transaction under this article. See Alabama Code 5-13B-21
  • retailer: A person other than a wholesale distributor that engages in the business of selling or distributing taxable motor fuel to the end user within this state. See Alabama Code 8-17-80
  • RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 45-51-21.03
  • REVENUE COMMISSIONER: The Commissioner of the Alabama Department of Revenue. See Alabama Code 8-17-80
  • REVENUE COMMISSIONER: The Revenue Commissioner of Coosa County. See Alabama Code 45-19-141.02
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • 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
  • SADO-MASOCHISTIC ABUSE: The term means:

    a. See Alabama Code 13A-12-200.1

  • SALES TERRITORY: An area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement. See Alabama Code 45-51-21.03
  • SAVINGS AGREEMENT: An agreement entered into between the Savings Board and a contributor establishing an ACES or ABLE savings account. See Alabama Code 16-33C-3
  • SAVINGS BOARD: The Board of Directors of the ABLE Program and ACES Program, and trustees of the ABLE Trust Fund and ACES Trust Fund. See Alabama Code 16-33C-3
  • school: Any primary or secondary public school located in the state. See Alabama Code 16-30B-2
  • SCHOOL EMPLOYEE: Any individual employed by a public school system located in the state. See Alabama Code 16-30B-2
  • SCHOOL NURSE: A nurse licensed by the Alabama Board of Nursing and employed as a school nurse by a public school system located in the state. See Alabama Code 16-30B-2
  • seafoods: shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama. See Alabama Code 9-2-80
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 10A-1-1.03
  • securities: One or more bonds, notes, warrants or certificates of indebtedness of a county or public corporation. See Alabama Code 11-11B-1
  • securities: When used with reference to debt instruments to be issued by the corporation, shall mean and include notes, bonds and other forms of indebtedness. See Alabama Code 2-6-70
  • security: Any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in an oil or mining title or lease or in payments out of production under such a title or lease; collateral trust certificate; transferable share; trustees' share; investment trust debenture, unit, share or bond; voting trust certificate; or, in general, any interest or instrument commonly known as a security or, with respect to any of the foregoing, any certificate (including a temporary or interim certificate) of interest or participation, any receipt or certificate of deposit or any warrant or right to subscribe or purchase. See Alabama Code 19-4-1
  • security: Any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease; collateral trust certificate; transferable share; trustees' share; investment trust debenture, unit, share or bond; voting trust certificate; or, in general, any interest or instrument commonly known as a security or, with respect to any of the foregoing, any certificate (including a temporary or interim certificate) of interest or participation, any receipt or certificate of deposit or any warrant or right to subscribe or purchase. See Alabama Code 19-4-20
  • Seller: means a person who sells or contracts to sell goods. See Alabama Code 7-2-103
  • service: Any service pertaining to the acquisition and/or transporting of organs, bones, or tissues retrieved in Alabama. See Alabama Code 22-19-121
  • Service of process: The service of writs or summonses to the appropriate party.
  • servicing: The act of cleaning, maintaining, or repairing an installed onsite sewage system. See Alabama Code 34-21A-2
  • 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.
  • severing: Mining, stripping, or otherwise taking or removing sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the soil within Coosa County. See Alabama Code 45-19-244
  • SEXUAL CONDUCT: The term means:

    a. See Alabama Code 13A-12-200.1

  • SEXUAL INTERCOURSE: Intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, and whether between persons of the same or opposite sex or between a human and an animal. See Alabama Code 13A-12-200.1
  • shoals: The geographic region of the State of Alabama comprising the Counties of Colbert and Lauderdale. See Alabama Code 45-39-92
  • SHOALS ECONOMIC DEVELOPMENT FUND: That certain special or trust fund or account created pursuant to Section 45-17-91. See Alabama Code 45-17-243
  • SOIL CLASSIFICATION: The soil science evaluation of the nature, physio-chemical properties, formation, taxonomic classification, and general land use suitability on the basis of these parameters within a soil management criteria; it shall specifically include the mapping and identification of surficial and subsurface soil profiles, and the soil management interpretation of these data. See Alabama Code 34-32-2
  • SOURCE WATER: Any water source, including any river or stream, from which water is drawn either periodically or continuously, by any municipality in Morgan County, which following treatment is piped for human use or consumption. See Alabama Code 45-52-251.01
  • SOURCE WATER PROTECTION AREA: Includes the following areas in Morgan County:

    a. See Alabama Code 45-52-251.01

  • SPECIAL FUEL: Any gas or liquid, other than gasoline, used or suitable for use as motor fuel in an internal combustion engine or motor to propel any form of vehicle, machine, or mechanical contrivance, and includes products commonly known as natural or casing-head gasoline, biodiesel fuel, and transmix. See Alabama Code 8-17-80
  • state: The State of Alabama. See Alabama Code 45-17-243
  • state: The State of Alabama. See Alabama Code 8-17-80
  • State: means any state, territory, or other possession of the United States, including the District of Columbia. See Alabama Code 5-13B-21
  • state: The State of Alabama and any department, board, bureau, commission, or other agency thereof. See Alabama Code 11-3-42
  • state: The State of Alabama. See Alabama Code 11-9-20
  • state: The State of Alabama. See Alabama Code 45-19-141.02
  • 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: 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: The State of Alabama. See Alabama Code 2-3A-2
  • state: The State of Alabama. See Alabama Code 11-11-1
  • state: A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Alabama Code 30-5B-2
  • state: The State of Alabama. See Alabama Code 11-11B-1
  • STATE: The State of Alabama. See Alabama Code 11-15-1
  • state: The State of Alabama. See Alabama Code 2-6-70
  • state: The State of Alabama. See Alabama Code 11-29-3
  • state: The State of Alabama. See Alabama Code 11-32-2
  • STATE BOARD: The State Board of Veterans' Affairs. See Alabama Code 31-5-1
  • STATE COMMISSIONER: The State Service Commissioner. See Alabama Code 31-5-1
  • STATE DEPARTMENT OF MENTAL HEALTH FACILITY: A mental health facility operated by the state Department of Mental Health and designated by the commissioner to have beds available to receive persons for evaluation, examination, admission, detention, or treatment for the purposes of carrying out the provisions of this article. See Alabama Code 22-52-90
  • STATE DEPARTMENT OF REVENUE: The Alabama Department of Revenue, or any such successor agency commissioned by the Legislature to administer the state rental tax. See Alabama Code 45-51-243.01
  • STATE DEPARTMENT OF REVENUE: The Department of Revenue of the state. See Alabama Code 45-17-243
  • STATE MENTAL HEALTH FACILITY: A mental health facility operated by the Alabama State Department of Mental Health. See Alabama Code 22-52-1.1
  • STATE RENTAL TAX: The tax levied by Article 4 of Chapter 12 of Title 40, commencing with Section 40-12-220. See Alabama Code 45-51-243.01
  • STATE SALES TAX: The tax imposed by the state sales tax statutes. See Alabama Code 45-52-244
  • State sales tax: means the tax imposed by the state sales tax statutes. See Alabama Code 45-14-243.01
  • STATE SALES TAX: The tax or taxes imposed by the state sales tax statutes. See Alabama Code 45-17-243
  • STATE SALES TAX STATUTES: Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, as amended, which levy a certain retail sales tax, and include all statutes, including amendments to those sections, which expressly set forth any exemptions from the computations of the tax levied by those sections and all other statutes which expressly apply to, or purport to affect, the administration of those sections and the incidence and collection of the tax imposed therein. See Alabama Code 45-52-244
  • State sales tax statutes: means Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, which levy a certain retail sales tax, and include all statutes, including amendments to those sections, which expressly set forth any exemptions from the computation of the tax levied by those sections and all other statutes which expressly apply to, or purport to affect, the administration of those sections and the incidence and collection of the tax imposed therein. See Alabama Code 45-14-243.01
  • STATE SALES TAX STATUTES: Division 1 of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-17-243
  • STATE SUPERINTENDENT: The State Superintendent of Education and any successor to the functions thereof. See Alabama Code 16-13-301
  • STATE TREASURER: The State Treasurer of Alabama. See Alabama Code 16-33C-3
  • STATE USE TAX: The tax or taxes imposed by the state use tax statutes. See Alabama Code 45-17-243
  • STATE USE TAX STATUTES: Article 2 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-17-243
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • STORAGE FACILITY: Includes the following:

    a. See Alabama Code 45-52-251.01

  • street: The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Alabama Code 32-1-1.1
  • streets: Streets, avenues, boulevards, roads, lanes, alleys, viaducts, and other roads. See Alabama Code 11-24-1
  • structure: A residence on a single lot, including a site-built home, a condominium, a duplex or multi-unit residential building consisting of not more than four residential units, or any improvement thereto. See Alabama Code 34-14A-2
  • STUDENT LOAN: A loan or extension of credit to an eligible borrower (including without limitation a parent of an eligible borrower) including the promissory note or other written agreement or instrument evidencing such loan or extension of credit in accordance with the applicable requirements of the Federal Student Loan Law. See Alabama Code 16-33B-1
  • subdivision: The development and division of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the purpose of establishing or creating a subdivision through the sale, lease, or building development. See Alabama Code 11-24-1
  • Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Alabama Code 7-2A-103
  • subordinate: Any person who assists a registered professional soil classifier without assuming the responsible charge of work. See Alabama Code 34-32-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscriber: A person who agrees with or makes an offer to an entity to purchase by subscription an ownership interest in the entity. See Alabama Code 10A-1-1.03
  • 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 at least 50 percent of:

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

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

  • substantial: shall mean an amount estimated by the Legislative Fiscal Officer and the state Finance Director which is in excess of $500,000 for the year in which the appropriations are to be made. See Alabama Code 16-13-280
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the Superintendent of Banks then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 5-13B-21
  • superintendent: The superintendent or director of Bryce Hospital located in Tuscaloosa County, the superintendent or director of Searcy Hospital located in Mobile County or the superintendent or director of any such facility as defined in subdivision (4) of this section. See Alabama Code 22-52-30
  • supplier: A person who is subject to the general taxing jurisdiction of this state and registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal distribution system and who owns motor fuel in the bulk transfer/terminal system, or a person who receives motor fuel in this state pursuant to a two-party exchange. See Alabama Code 8-17-80
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Alabama Code 7-2A-103
  • supplier: A manufacturer or importer of wine licensed by the Alcoholic Beverage Control Board. See Alabama Code 45-51-21.03
  • SWAP AGREEMENT: A swap agreement as defined in Article 3, commencing with Section 41-1-40, of Chapter 1 of Title 41. See Alabama Code 11-8A-1
  • TANGIBLE PERSONAL PROPERTY: Personal property which may be seen, weighed, measured, felt, or touched, or is in any other manner perceptible to the senses. See Alabama Code 45-51-243.01
  • TAX CERTIFICATE HOLDER: Any of the following:

    a. See Alabama Code 11-40-62

  • TAX PAYOFF: Any and all amounts necessary to satisfy any claims for delinquent taxes assessed against the real property on which the Class 2 municipality is seeking to foreclosure under this article. See Alabama Code 11-40-62
  • taxes: Those taxes assessed against real property by either the State of Alabama, the county in which the real property is situated, or the Class 2 municipality that are delinquent, as defined in Section 40-11-4 or Section 11-51-2, as of the date a proceeding under this article is commenced or at any time before final resolution of the same, and shall also include any taxes assessed against real property that are unpaid from any previous year and any amounts required for redemption under Section 40-10-82, 40-10-120, or Section 11-51-23. See Alabama Code 11-40-62
  • tcab: The transit citizens advisory board established herein. See Alabama Code 11-32-2
  • teacher: Any full-time public school teacher in Alabama who is an employee of a board and who is required to be certificated by the State Board of Education, including, but not limited to, counselors, librarians, Science in Motion teachers, supervisors, administrators (excluding superintendents and their professional executive assistants), teachers at the Department of Youth Services, the Alabama School of Mathematics and Science, and the Alabama School of Fine Arts. See Alabama Code 16-13-280
  • telecommunications: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Alabama Code 45-16A-20
  • TELECOMMUNICATIONS CARRIER: Any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in the provisions of 47 U. See Alabama Code 45-16A-20
  • TELECOMMUNICATIONS EQUIPMENT: Equipment, other than customer premises equipment, used by a provider of telecommunications to provide telecommunications services, and includes software integral to the equipment, including upgrades. See Alabama Code 45-16A-20
  • TELECOMMUNICATIONS SERVICE: The offering of telecommunications, including servicing and repairing related equipment, for a fee directly to the public, or to the classes of users as to be effectively available directly to the public regardless of the facilities used, including, but not limited to, voice, data, imaging, and video transmissions and local telephone exchange service. See Alabama Code 45-16A-20
  • TELEPHONE EXCHANGE SERVICE: Either of the following:

    a. See Alabama Code 45-16A-20

  • TEMPORARY EMPLOYMENT: The category of service in which individuals are employed in either full-time or part-time positions for a period of no more than 180 calendar days. See Alabama Code 45-17A-50.01
  • TEMPORARY EMPLOYMENT: The category of service in which individuals are employed in either full-time or part-time positions for a period of no more than 180 calendar days. See Alabama Code 45-17A-82.01
  • 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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • TERMS OF A TRUST: The manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. See Alabama Code 19-3A-102
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • THERAPEUTIC SHOE FITTER: A health care professional who is licensed by the board and who is specifically educated and trained to provide non-custom therapeutic shoes and non-custom multi-density inserts. See Alabama Code 34-25A-3
  • ton: A short ton of 2,000 pounds. See Alabama Code 45-19-244
  • 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 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 45-37A-331.02
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, or of 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 45-37A-331.02
  • TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city who alternatively:

    a. See Alabama Code 45-37A-331.02

  • transaction: The act of entering into a contract with a licensee to engage in the business of residential home building. See Alabama Code 34-14A-2
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • TRANSIT SYSTEM: Land, plants, systems, facilities, buildings, garages, vehicles of all types, rails, lines, and any combination of any of the following, used or useful or capable of future use in furnishing public transportation service, and all other property deemed necessary or desirable by an authority for use in furnishing public transportation service. See Alabama Code 11-32-2
  • transporter: Any person transporting sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the place where it is severed or from any other place to any other place, within or without Coosa County. See Alabama Code 45-19-244
  • TREASURY SECURITY: Any bill, note, bond, certificate of indebtedness or other evidence of indebtedness the principal and interest of which the United States or any department, agency or instrumentality thereof has agreed to pay or has guaranteed payment. See Alabama Code 19-4-40
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • tribunal: A court, agency, or other entity authorized by law to issue or modify a protection order. See Alabama Code 30-5B-2
  • True bill: Another word for indictment.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • TRUST FUND: "The Alabama Trust Fund" created by Amendment Number 450 of the Constitution of Alabama of 1901. See Alabama Code 11-29-3
  • TRUST INCOME: The net income received by the state, subsequent to the transfer of the initial trust capital by the State Treasurer to the board of trustees of the trust fund, from the investment and reinvestment of all assets of the trust fund, determined in accordance with the provisions of Amendment Number 450 of the Constitution of Alabama of 1901. See Alabama Code 11-29-3
  • trustee: An original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Alabama Code 19-3A-102
  • Trustee: A person or institution holding and administering property in trust.
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • UNCERTIFICATED OWNERSHIP INTEREST: An ownership interest in a domestic entity that is not represented by a certificate. See Alabama Code 10A-1-1.03
  • UNDERGRADUATE STUDENT: Any individual student who meets all other qualifications as an eligible student and has not received a baccalaureate degree or its equivalent. See Alabama Code 16-33A-1
  • undertaking: Such term shall include all of the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

    a. See Alabama Code 11-81-140

  • UNDYED DIESEL FUEL: Diesel fuel that has not been dyed in accordance with the Internal Revenue Service fuel dyeing provisions. See Alabama Code 8-17-80
  • 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
  • UNITRUST AMOUNT: An amount determined annually equal to a percentage (specified by the provisions of the governing instrument, the written notice referenced in Section 19-3A-106(a), the written instrument referenced in Section 19-3A-106(b), or the order of the court referenced in Section 19-3A-106(c), whichever is applicable) of the net fair market value of the trust assets, whether determined annually or averaged over a designated multiple year smoothing period. See Alabama Code 19-3A-102
  • UNSUPERVISED ACCESS TO A CHILD OR CHILDREN: During the providing of education, training, instruction, supervision to children, or other employment related activities or responsibilities, a person would have unaccompanied control, governance, or contact with a child or children. See Alabama Code 16-22A-3
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • utilities board: shall mean the Utilities Board of the City of Foley in Baldwin County, a corporation organized and existing under the authority of Sections 11-50-310 through 11-50-318 and 11-50-320 through 11-50-324. See Alabama Code 45-2A-61
  • VALUATION DATE: Shall be the date on which the application for order of condemnation is filed in the probate court or the date of taking of or damage to property by the condemnor, whichever date first occurs. See Alabama Code 18-1A-3
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • vehicle: Every device in, upon, or by which any individual 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, an electric 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.
  • verified: Supported by an affidavit or oath confirming the correctness, truth, or authenticity of the matter set forth therein. See Alabama Code 10A-3-1.02
  • veteran: Except as otherwise used in this chapter, such term shall mean any person, male or female, who served on active duty, whether commissioned, enlisted, inducted, appointed or mustered into the military or naval service of the United States during any war in which the United States has been engaged, and who shall have been discharged or released from such services under conditions other than dishonorable. See Alabama Code 31-5-1
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • WAIVER VALUATION: The valuation process utilized and the product produced by the state or a political subdivision thereof, in lieu of an appraisal, to acquire real property as specifically authorized by Section 18-1A-22. See Alabama Code 18-1A-3
  • warrant: Any warrant authorized to be issued pursuant to the provisions of this chapter. See Alabama Code 11-15-1
  • warrants: The interest-bearing tax anticipation warrants authorized to be issued by a board of education under Article 4 of this chapter and the capital outlay warrants authorized to be issued by a board of education under Article 5 of this chapter. See Alabama Code 16-13-210
  • warrants: The warrants authorized to be issued by a board pursuant to this article. See Alabama Code 16-13-301
  • WATERWORKS SYSTEM: Facilities for the gathering, collecting, impounding, treatment, transmission and distribution or any of them of water for domestic use or for industrial use or both, together with all appurtenances to any such facilities and all property used or useful in connection with such facilities, including franchises. See Alabama Code 11-9-20
  • wholesaler: A person who distributes material for the purpose of resale or commercial distribution at retail. See Alabama Code 13A-12-200.1
  • wholesaler: A wholesaler of wine licensed by the Alcoholic Beverage Control Board. See Alabama Code 45-51-21.03
  • WITHIN THE COUNTY: A place within the boundaries of the county. See Alabama Code 22-52-90
  • work: Includes construction, alteration, repair, remodeling, excavation, demolition, rehabilitation, relocation, and landscaping. See Alabama Code 18-1A-3
  • WORK PERIOD: The period of time established by the city for public safety employees in accordance with the Fair Labor Standards Act. See Alabama Code 45-17A-50.01
  • WORK PERIOD: The work period or workweek established by the city council for employees of the city in compliance with the FLSA, and such adjustments and changes the city council, from time to time, may make in the work period or workweek for all or some departments and their employees. See Alabama Code 45-17A-82.01
  • workweek: A seven calendar day period as established in accordance with the Fair Labor Standards Act. See Alabama Code 45-17A-50.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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 CONSENT: A signed statement by the applicant, a current employee, or a current employee under review containing all of the following:

    a. See Alabama Code 16-22A-3