Article 1 Offenses Against Public Order and Decency 13A-11-1 – 13A-11-17
Article 2 Offenses Against Privacy 13A-11-30 – 13A-11-37
Article 2A 13A-11-40 – 13A-11-43
Article 3 Offenses Relating to Firearms and Weapons 13A-11-50 – 13A-11-91
Article 5 Offenses Affecting Businesses, Occupations, and Professions 13A-11-120 – 13A-11-124
Article 6 Offenses Relating to Sports 13A-11-140 – 13A-11-144
Article 6A Offenses Against Animal Research and Animal Production Facilities 13A-11-150 – 13A-11-158
Article 7 Offenses Relating to Libel and Defamation 13A-11-160 – 13A-11-164
Article 8 Registration of Felons 13A-11-180 – 13A-11-186
Article 9 Registration of Sex Offenders 13A-11-200 – 13A-11-204
Article 10 Miscellaneous Offenses Relating to Public Safety 13A-11-220 – 13A-11-225
Article 10A Service Dogs 13A-11-230 – 13A-11-235
Article 11 Cruelty to Dog or Cat 13A-11-240 – 13A-11-247
Article 11A Interfering with Police Animals and Handlers 13A-11-260 – 13A-11-264
Article 12 Offenses Relating to Airbags 13A-11-270 – 13A-11-272
Article 13 Amiyah White Act 13A-11-290

Terms Used In Alabama Code > Title 13A > Chapter 11 - Offenses Against Public Order and Safety

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • advertisement: All representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article. See Alabama Code 2-26-1
  • 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.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means :

    (i) a person that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

    (A) as a fiduciary or agent without sole discretionary power to vote the securities; or

    (B) solely to secure a debt, if the person has not in fact exercised the power to vote;

    (ii) a corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held, with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

    (A) as a fiduciary or agent without sole discretionary power to vote the securities; or

    (B) solely to secure a debt, if the person has not in fact exercised the power to vote;

    (iii) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

    (iv) a person that operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. See Alabama Code 8-9B-2

  • affiliate: A person who controls, is controlled by, or is under common control with another person. See Alabama Code 10A-1-1.03
  • AFFILIATED COMPANY: Any company in the same corporate system as a parent, an industrial insured, or a member organization by virtue of common ownership, control, operation, or management. See Alabama Code 27-31B-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • AGRICULTURAL SEED: The seeds of grasses, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural or field seeds and mixtures of such seeds. See Alabama Code 2-26-1
  • ALIEN CAPTIVE INSURANCE COMPANY: Any insurance company formed to write insurance business for its parents and affiliates and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory standards in a form acceptable to the commissioner on companies transacting the business of insurance in that jurisdiction. See Alabama Code 27-31B-2
  • Allegation: something that someone says happened.
  • animal: Every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes. See Alabama Code 13A-11-152
  • ANIMAL OR CROP FACILITY: Any facility engaging in scientific research, education, or agricultural production of or involving the use of animals or crops including any organization with the primary purpose of representing livestock or crop production or processing; any organization with a primary purpose of promoting or marketing livestock or crops; any organization with a primary purpose of promoting or marketing livestock or crop products or materials; any person licensed to practice veterinary medicine; any person licensed to apply chemical applications not limited to pesticides, insecticides, rodenticides, or herbicides; any organization with a primary purpose of representing any of the above; the owner, operator, and employees of any animal or crop facility; and any vehicle, building, greenhouse, structure, laboratory, pasture, field, paddock, pond, impoundment, or premises where animals or crops are located. See Alabama Code 13A-11-152
  • Annuity: 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.
  • APPARENT OWNER: A person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder. See Alabama Code 35-12-71
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • APPLICABLE FEDERAL LAW: The provisions of the federal law, Public Law 734, 81st Congress, as such act may from time to time be amended, including federal regulations and requirements issued pursuant thereto, or any other federal laws which provide for extending the benefits of Title II of the Social Security Act to employees of states, political subdivisions and their instrumentalities. See Alabama Code 36-28-1
  • applicant: Any person applying for a license under this chapter, including the principal, if such person is the agent of another who is the true owner, notwithstanding whether that other is an individual, partnership, association, firm, or corporation and notwithstanding whether the name of the true owner appears on the application or not. See Alabama Code 8-13-1
  • applicant: A natural person who files a written application with the governing body of any county in accordance with the provisions of Section 11-88-3. See Alabama Code 11-88-1
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • asset: Property of a debtor, but the term does not include:

    a. See Alabama Code 8-9A-1

  • Asset: means property of a debtor, but the term does not include:

    (i) property to the extent it is encumbered by a valid lien;

    (ii) property to the extent it is generally exempt under nonbankruptcy law; or

    (iii) an interest in property held in tenancy in common for life with cross contingent remainder to the survivor in fee to the extent it is not subject to process by a creditor holding a claim against only one tenant. See Alabama Code 8-9B-2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • association: Any legal association of individuals, corporations, limited liability companies, partnerships, associations, or other entities whereby either of the following exists:

    a. See Alabama Code 27-31B-2

  • ASSOCIATION CAPTIVE INSURANCE COMPANY: Any company that insures risks of the member organizations of the association, and that also may insure the risks of affiliated companies of the member organizations and the risks of the association itself and their affiliated companies. See Alabama Code 27-31B-2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: as used in this chapter , refers to the attorney-in-fact of a reciprocal insurer. See Alabama Code 27-31-5
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: The public corporation organized pursuant to this article. See Alabama Code 11-85-100
  • authority: A public corporation organized pursuant to the provisions of this article. See Alabama Code 11-88-1
  • authority: A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. See Alabama Code 11-88-40
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • 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.
  • BENEFIT CORPORATION: A benefit corporation as defined in Chapter 2A. See Alabama Code 10A-1-1.03
  • Bequeath: To gift property by will.
  • board: The Board of Control of the Public Employees Defined Contribution Savings Fund. See Alabama Code 36-27C-2
  • board: The State Board of Agriculture and Industries. See Alabama Code 2-25-1
  • board: The board of directors of an authority. See Alabama Code 11-88-1
  • board: The Board of County Commissioners. See Alabama Code 45-42-122.01
  • board: The board of directors of an authority. See Alabama Code 11-88-40
  • board: The State Board of Health. See Alabama Code 22-11D-2
  • BOARD OF DIRECTORS: The Board of Directors of the Alabama Revolving Loan Fund Authority. See Alabama Code 11-85-100
  • bonds: The bonds issued under this article. See Alabama Code 11-85-100
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 11-88-1
  • BRANCH BUSINESS: Any insurance business transacted by a branch captive insurance company in this state. See Alabama Code 27-31B-2
  • BRANCH CAPTIVE INSURANCE COMPANY: Any alien captive insurance company licensed by the commissioner to transact the business of insurance in this state through a business unit with a principal place of business in this state. See Alabama Code 27-31B-2
  • BRANCH OPERATIONS: Any business operations of a branch captive insurance company in this state. See Alabama Code 27-31B-2
  • business: Any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, or any other legal entity. See Alabama Code 36-25-1
  • BUSINESS ASSOCIATION: A corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, safe deposit company, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one or more persons, whether or not for profit. See Alabama Code 35-12-71
  • BUSINESS WITH WHICH THE PERSON IS ASSOCIATED: Any business of which the person or a member of his or her family is an officer, owner, partner, board of director member, employee, or holder of more than five percent of the fair market value of the business. See Alabama Code 36-25-1
  • candidate: This term as used in this chapter shall have the same meaning ascribed to it in Section 17-5-2. See Alabama Code 36-25-1
  • Capital offense: A crime punishable by death.
  • CAPTIVE INSURANCE COMPANY: Any pure captive insurance company, association captive insurance company, risk retention group, protected cell captive insurance company, incorporated cell captive insurance company, or industrial insured captive insurance company formed or licensed under this chapter. See Alabama Code 27-31B-2
  • CAPTIVE RISK RETENTION GROUP: A captive insurance company organized and licensed as a captive insurer under the laws of this state and operating pursuant to the Liability Risk Retention Act of 1986, as amended, 15 U. See Alabama Code 27-31B-2
  • 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
  • CERTIFICATED OWNERSHIP INTEREST: An ownership interest of a domestic entity represented by a certificate. See Alabama Code 10A-1-1.03
  • city: The City of Opelika, Alabama. See Alabama Code 45-41A-41.02
  • CIVIL FINE: The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. See Alabama Code 45-41A-41.02
  • CIVIL VIOLATION: There is hereby created a noncriminal category of law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-41A-41.02
  • claim: A right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured, and specifically shall include the nonpayment of child support pursuant to a court order. See Alabama Code 8-9A-1
  • claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured and specifically shall include the nonpayment of child support pursuant to a court order. See Alabama Code 8-9B-2
  • commission: The State Ethics Commission. See Alabama Code 36-25-1
  • commissioner: The Commissioner of Agriculture and Industries or his authorized representatives. See Alabama Code 2-25-1
  • commissioner: The Commissioner of Agriculture and Industries for the State of Alabama. See Alabama Code 13A-11-152
  • commissioner: The Insurance Commissioner of this state or the commissioner, director, or superintendent of insurance in any other state. See Alabama Code 27-31A-2
  • commissioner: The Alabama Commissioner of Insurance or the commissioner's designee. See Alabama Code 27-31B-2
  • COMMUNICATIONS SYSTEM: A radio and land line network complying with the board's rules and which provides rapid public access, coordinated central dispatching of services, and coordination of personnel, equipment, and facilities in the trauma and health system. See Alabama Code 22-11D-2
  • COMMUNITY-BASED ORGANIZATION: Any group, whether incorporated or unincorporated, affiliated with or organized for the benefit of one or more communities or neighborhoods containing an alleged drug-related nuisance, or any group organized to improve the quality of life in a residential area containing the alleged drug-related nuisance. See Alabama Code 6-5-155.1
  • complainant: A person who alleges a violation or violations of this chapter by filing a complaint against a respondent. See Alabama Code 36-25-1
  • complaint: Written allegation or allegations that a violation of this chapter has occurred. See Alabama Code 36-25-1
  • COMPLETED OPERATIONS LIABILITY: Liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by either of the following:

    a. See Alabama Code 27-31A-2

  • CONCISE LEGAL DESCRIPTION: A reasonably concise description of a particular geographic area which may be by metes and bounds or by reference to government surveys, recorded maps and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments, or any combination of the foregoing. See Alabama Code 11-88-1
  • CONFIDENTIAL INFORMATION: A complaint filed pursuant to this chapter, together with any statement, conversations, knowledge of evidence, or information received from the complainant, witness, or other person related to such complaint. See Alabama Code 36-25-1
  • CONFLICT OF INTEREST: A conflict on the part of a public official or public employee between his or her private interests and the official responsibilities inherent in an office of public trust. See Alabama Code 36-25-1
  • 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
  • CONTROLLED SUBSTANCE ACTS: The provisions of Sections 20-2-1 et seq. See Alabama Code 6-5-155.1
  • CONTROLLED UNAFFILIATED BUSINESS: Any company that meets all of the following criteria:

    a. See Alabama Code 27-31B-2

  • 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: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • 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
  • council: The Statewide Trauma and Health System Advisory Council. See Alabama Code 22-11D-2
  • county: Any county in the state. See Alabama Code 11-88-1
  • county: Limestone County, Alabama. See Alabama Code 45-42-122.01
  • 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
  • creditor: A person who has a claim. See Alabama Code 8-9A-1
  • Creditor: means a person that has a claim. See Alabama Code 8-9B-2
  • crops: Any shrub, vine, tree, seedling, shoot, slip, or other plant undergoing experimentation or otherwise capable of producing food, fiber, lawful or legal medicines, nursery stock, floral products, or aesthetic beauty. See Alabama Code 13A-11-152
  • cruel: as used in this article shall mean: Every act, omission, or neglect, including abandonment, where unnecessary or unjustifiable pain or suffering, including abandonment, is caused or where unnecessary pain or suffering is allowed to continue. See Alabama Code 13A-11-240
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • day: Calendar day. See Alabama Code 36-25-1
  • 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
  • DE MINIMIS: A value twenty-five dollars ($25) or less per occasion and an aggregate of fifty dollars ($50) or less in a calendar year from any single provider, or such other amounts as may be prescribed by the Ethics Commission from time to time by rule pursuant to the Administrative Procedure Act or adjusted each four years from August 1, 2012, to reflect any increase in the cost of living as indicated by the United States Department of Labor Consumer Price Index or any succeeding equivalent index. See Alabama Code 36-25-1
  • dealer: Any person not a grower of nursery stock who buys, receives on consignment or otherwise acquires and has in his possession nursery stock for the purpose of offering or exposing for sale, reselling, reshipping or distributing same. See Alabama Code 2-25-1
  • dealer: Any person who buys and sells seed in Alabama. See Alabama Code 2-26-1
  • debt: Liability on a claim. See Alabama Code 8-9A-1
  • Debt: means liability on a claim. See Alabama Code 8-9B-2
  • debtor: A person who is liable on a claim. See Alabama Code 8-9A-1
  • Debtor: means a person that is liable on a claim. See Alabama Code 8-9B-2
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: The Alabama Department of Public Health. See Alabama Code 22-11D-2
  • dependent: Any person, regardless of his or her legal residence or domicile, who receives 50 percent or more of his or her support from the public official or public employee or his or her spouse or who resided with the public official or public employee for more than 180 days during the reporting period. See Alabama Code 36-25-1
  • Dependent: A person dependent for support upon another.
  • designation: A formal determination by the department that a hospital is capable of providing designated trauma or other specific health care as authorized by this chapter. See Alabama Code 22-11D-2
  • DETERMINING COUNTY: Any county the governing body of which shall have made findings and determinations of fact in accordance with the provisions of Section 11-88-3. See Alabama Code 11-88-1
  • Devise: To gift property by will.
  • director: A member of the board of directors of the authority. See Alabama Code 11-88-1
  • director: The Director of the Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
  • 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:
  • DISTRESS MERCHANDISE SALE: Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is being held other than in the ordinary course of business and not otherwise defined herein. See Alabama Code 8-13-1
  • distress merchandise sales: shall include , but not be limited to, any sale advertised either specifically or in substance to be any one of the following:

    a. See Alabama Code 8-13-1

  • division: The Business Development Division of the Department of Commerce. See Alabama Code 41-29-221
  • Docket: A log containing brief entries of court proceedings.
  • dog or cat: as used in this article shall mean any domesticated member of the dog or cat family. See Alabama Code 13A-11-240
  • domestic: With respect to an entity, 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
  • domicile: For purposes of determining the state in which a purchasing group is domiciled:

    a. See Alabama Code 27-31A-2

  • domicile: The state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation. See Alabama Code 35-12-71
  • Donor: The person who makes a gift.
  • ECONOMIC DEVELOPMENT FUNCTION: Any function reasonably and directly related to the advancement of a specific, good-faith economic development or trade promotion project or objective. See Alabama Code 36-25-1
  • EDUCATIONAL FUNCTION: A meeting, event, or activity held within the State of Alabama, or if the function is predominantly attended by participants from other states, held within the continental United States, which is organized around a formal program or agenda of educational or informational speeches, debates, panel discussions, or other presentations concerning matters within the scope of the participants' official duties or other matters of public policy, including social services and community development policies, economic development or trade, ethics, government services or programs, or government operations, and which, taking into account the totality of the program or agenda, could not reasonably be perceived as a subterfuge for a purely social, recreational, or entertainment function. See Alabama Code 36-25-1
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 8-9B-2
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 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 36-27C-2
  • EMERGENCY MEDICAL SERVICE: The organization responding to a perceived individual's need for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. See Alabama Code 22-11D-2
  • employee: An officer of a state, political subdivision or instrumentality whose compensation is paid from funds of the state, political subdivision, instrumentality or employing official. See Alabama Code 36-28-1
  • employee: Any person including the heads of departments, chief clerks, and chief deputy sheriff, who is employed in the service of the county on a regular full-time basis. See Alabama Code 45-42-122.01
  • employment: Any service performed by an employee in the employ of the state, or any political subdivision thereof, or any instrumentality of either for such employer, except:

    a. See Alabama Code 36-28-1

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • entity: A domestic or foreign organization. See Alabama Code 10A-1-1.03
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • 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
  • 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.
  • FAMILY MEMBER OF THE PUBLIC EMPLOYEE: The spouse or a dependent of the public employee. See Alabama Code 36-25-1
  • FAMILY MEMBER OF THE PUBLIC OFFICIAL: The spouse, a dependent, an adult child and his or her spouse, a parent, a spouse's parents, a sibling and his or her spouse, of the public official. See Alabama Code 36-25-1
  • FEDERAL AGENCY: Such federal officer, department or agency as is charged on behalf of the federal government by or under the applicable federal law with the particular federal function referred to in this chapter in connection with such term. See Alabama Code 36-28-1
  • FEDERAL INSURANCE CONTRIBUTIONS ACT: Subchapter A of Chapter 9 of the federal Internal Revenue Code as such code has been and may from time to time be amended. See Alabama Code 36-28-1
  • 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
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • FINANCIAL ORGANIZATION: A savings and loan association, building and loan association, industrial loan organization, credit union, cooperative bank, bank, or banking organization. See Alabama Code 35-12-71
  • FIRE PROTECTION FACILITY: Land, plants, systems, facilities, buildings, fire engines, fire hydrants, ladders, equipment, hoses, alarm apparatus, chemicals, uniforms, supplies, or any combination of any thereof used or useful or capable of future use in furnishing fire protection service and all other property deemed necessary or desirable by the authority for use in furnishing fire protection service. See Alabama Code 11-88-1
  • FIRE PROTECTION SERVICE: All services involved in protecting property and life from fires, including but not limited to discovering, ascertaining, extinguishing, preventing the spread of or fighting fires, or inspecting property for fire hazards, or any part or combination thereof. See Alabama Code 11-88-1
  • 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.
  • FLOWER SEED: The seeds of all plants grown for ornamental purposes, either for domestic or commercial purposes, and which are generally known and sold under the name of flower seed in this state. See Alabama Code 2-26-1
  • 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 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
  • fund: The Public Employees' Defined Contribution Savings Fund. See Alabama Code 36-27C-2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • GENERAL ACCOUNT: All assets and liabilities of a protected cell captive insurance company not attributable to a protected cell. See Alabama Code 27-31B-2
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • germination: The percentage of seeds capable of producing normal seedlings under ordinarily favorable conditions (not including seeds which produce weak, malformed or obviously abnormal sprouts nor hard seeds). See Alabama Code 2-26-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOING OUT OF BUSINESS SALE: Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. See Alabama Code 8-13-1
  • going out of business sales: shall include , but not be limited to, any sale advertised either specifically or in substance to be any one of the following:

    a. See Alabama Code 8-13-1

  • 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 county commission of a county. See Alabama Code 11-88-1
  • GOVERNING BODY: The county commission of a county. See Alabama Code 11-88-40
  • GOVERNING PERSON: A person serving as part of the governing authority of an entity. See Alabama Code 10A-1-1.03
  • GOVERNMENTAL CORPORATIONS AND AUTHORITIES: Public or private corporations and authorities, including but not limited to, hospitals or other health care corporations, established pursuant to state law by state, county, or municipal governments for the purpose of carrying out a specific governmental function. See Alabama Code 36-25-1
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • HARD SEEDS: The percentage of seeds which because of hardness or impermeability do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned. See Alabama Code 2-26-1
  • HAZARDOUS FINANCIAL CONDITION: Based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to do either of the following:

    a. See Alabama Code 27-31A-2

  • HEAD OF DEPARTMENT OR OFFICES: Shall include but not be limited to the sheriff, tax assessor, tax collector, judge of probate, and county clerk. See Alabama Code 45-42-122.01
  • HEALTH CARE CENTER: A hospital that voluntarily participates in a statewide health system and that has been designated as a health care center pursuant to the rules of the board. See Alabama Code 22-11D-2
  • holder: A person in possession of property belonging to another, or who is a trustee in case of a trust, obligated to hold for the account of, or deliver to, or pay to, the owner or apparent owner as applicable, property that is subject to this article. See Alabama Code 35-12-71
  • household: The public official, public employee, and his or her spouse and dependents. See Alabama Code 36-25-1
  • HYBRID SEED CORN: The first generation seed of a cross produced by controlling the pollination and by combining two, three or four inbred lines or by combining one inbred line or a single cross with an open-pollinated variety. See Alabama Code 2-26-1
  • 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.
  • improvement: Any sanitary sewage treatment or sewage disposal plant or any sanitary sewer, including mains, laterals, trunk lines, collector lines, outfall lines, force mains, and appurtenant facilities. See Alabama Code 11-88-40
  • includes: Is not a limiting term. See Alabama Code 8-9A-1
  • INCORPORATED CELL: A protected cell of an incorporated cell captive insurance company that is organized as a corporation or other legal entity separate from the incorporated cell captive insurance company. See Alabama Code 27-31B-2
  • INCORPORATED CELL CAPTIVE INSURANCE COMPANY: A protected cell captive insurance company that is established as a corporation or other legal entity separate from its incorporated cells that are also organized as separate legal entities. See Alabama Code 27-31B-2
  • incorporators: The persons forming a public corporation organized pursuant to the provisions of this article. See Alabama Code 11-88-1
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • INDUSTRIAL INSURED: As defined in subdivision (2) of Section 27-10-20. See Alabama Code 27-31B-2
  • INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY: Any company that insures risks of the industrial insureds that comprise the industrial insured group, and that may insure the risks of the affiliated companies of the industrial insureds and the risks of the controlled unaffiliated business of an industrial insured or its affiliated companies. See Alabama Code 27-31B-2
  • INDUSTRIAL INSURED GROUP: Any group that meets either of the following criteria:

    a. See Alabama Code 27-31B-2

  • INERT MATTER: All matter not seeds, including, among others, broken seeds, sterile florets, chaff, fungus bodies and stones, etc. See Alabama Code 2-26-1
  • insider: Includes:

    a. See Alabama Code 8-9A-1

  • Insider: includes :

    (i) if the debtor is an individual:

    (A) a relative of the debtor or of a general partner of the debtor;

    (B) a partnership in which the debtor is a general partner;

    (C) a general partner in a partnership described in clause (B); or

    (D) a corporation of which the debtor is a director, officer, or person in control;

    (ii) if the debtor is a corporation:

    (A) a director of the debtor;

    (B) an officer of the debtor;

    (C) a person in control of the debtor;

    (D) a partnership in which the debtor is a general partner;

    (E) a general partner in a partnership described in clause (D); or

    (F) a relative of a general partner, director, officer, or person in control of the debtor;

    (iii) if the debtor is a partnership:

    (A) a general partner in the debtor;

    (B) a relative of a general partner in, a general partner of, or a person in control of the debtor;

    (C) another partnership in which the debtor is a general partner;

    (D) a general partner in a partnership described in clause (C); or

    (E) a person in control of the debtor;

    (iv) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

    (v) a managing agent of the debtor. See Alabama Code 8-9B-2

  • instrumentality: Such term, when referring to an instrumentality of the state or political subdivision, includes only a legal entity which is separate and distinct from the state or such subdivision and whose employees are not by virtue of their relation to such entity employees of the state or such subdivision. See Alabama Code 36-28-1
  • insurance: Primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state. See Alabama Code 27-31A-2
  • INSURANCE COMPANY: An association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including, but not limited to, accidental, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers' compensation insurance. See Alabama Code 35-12-71
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Intestate: Dying without leaving a will.
  • INTIMATE AREAS: Any portion of a person's body, whether or not covered by undergarments, that are traditionally covered by undergarments to protect that portion from public view, including genitals, pubic areas, buttocks, and female breasts. See Alabama Code 13A-11-40
  • inventory: A list of and the wholesale cost of goods, wares, and merchandise. See Alabama Code 8-13-1
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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
  • kind: One or more related species or subspecies which singly or collectively are known by one common name, for example, wheat, oat, vetch, sweet clover, cabbage, cauliflower, etc. See Alabama Code 2-26-1
  • knowingly: means either actual awareness or should have reasonably known. See Alabama Code 6-5-155.1
  • labeling: All labels and other written, printed or graphic representations in any form whatsoever accompanying and pertaining to any seed, whether in bulk or in containers, and such term includes invoices and other bills of shipment. See Alabama Code 2-26-1
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • LAW ENFORCEMENT OFFICER: A full-time employee of a governmental unit responsible for the prevention or investigation of crime who is authorized by law to carry firearms, execute search warrants, and make arrests. See Alabama Code 36-25-1
  • 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.
  • legislative body: includes the following:

    a. See Alabama Code 36-25-1

  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • lien: A charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien. See Alabama Code 8-9A-1
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Alabama Code 8-9B-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 PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LOT OF SEED: A definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling. See Alabama Code 2-26-1
  • MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 10A-1-1.03
  • manufacturing: The production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin or independent means of chemical synthesis, including any packaging or repackaging of the drug or labeling or relabeling of its container. See Alabama Code 6-5-155.1
  • MEMBER ORGANIZATION: Any individual, corporation, limited liability company, partnership, association, or other entity that belongs to an association. See Alabama Code 27-31B-2
  • 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

  • mineral: Gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any other substance defined as a mineral by the law of this state. See Alabama Code 35-12-71
  • MINERAL PROCEEDS: Amounts payable for the extraction, production, or sale of minerals, or, upon the abandonment of those payments, all payments that become payable thereafter. See Alabama Code 35-12-71
  • mixture: Seed consisting of more than one kind or variety, each present in excess of 5 percent of the whole. See Alabama Code 2-26-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • MUNICIPAL CORPORATION: A corporation or other legal entity organized without stockholders. See Alabama Code 27-31B-2
  • municipality: An incorporated city or town of the state. See Alabama Code 11-88-1
  • MUTUAL INSURER: An incorporated captive insurer without capital stock and the governing body of which is elected from policyholders at the mutual members' annual meeting. See Alabama Code 27-31B-2
  • NEW TERRITORY: Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water service, fire protection service, sewer service or any thereof. See Alabama Code 11-88-1
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • 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
  • NOXIOUS WEED: Any living stage, including, but not limited to, seeds and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Alabama. See Alabama Code 2-25-1
  • nursery: Any grounds or premises on or in which nursery stock is grown or propagated for sale or distribution. See Alabama Code 2-25-1
  • NURSERY STOCK: All plants, trees, shrubs, vines, cuttings, grafts, scions and buds grown or kept for or capable of propagation, distribution or sale, unless specifically excluded by the rules and regulations promulgated pursuant to this article. See Alabama Code 2-25-1
  • nurseryman: Any person engaged in the production of nursery stock for sale or distribution to include any person who obtains nursery stock for the purpose of growing it to a more mature size over a period of one growing season or more. See Alabama Code 2-25-1
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Oath: A promise to tell the truth.
  • office: The Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
  • 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
  • officer: The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense. See Alabama Code 9-11-1
  • Organization: means a person other than an individual. See Alabama Code 8-9B-2
  • 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
  • ORGANIZATIONAL DOCUMENTS: The documents that must be submitted pursuant to state law in order to legally form a business in this state, or to obtain a certificate of authority to transact business in the state. See Alabama Code 27-31B-2
  • 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
  • OTHER CROP SEED: The seed of all kinds or varieties of agricultural or vegetable seeds not of the kind or variety declared on the label or tag. See Alabama Code 2-26-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: An individual, corporation, partnership, trust association, joint venture, or any other business entity, and the respective agents of the individuals or entities, in whom is vested all or any part of the title to the property alleged to be a drug-related nuisance. See Alabama Code 6-5-155.1
  • owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. See Alabama Code 45-41A-41.02
  • owner: A person who has a legal or equitable interest in property subject to this article or the person's legal representative. See Alabama Code 35-12-71
  • OWNERSHIP INTEREST: An owner's interest in an entity. See Alabama Code 10A-1-1.03
  • parent: An individual, corporation, limited liability company, partnership, association, or other entity that directly or indirectly owns, controls, or holds with power to vote more than 50 percent of the outstanding of any of the following:

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

  • participant: A person who elects to participate in the fund who makes voluntary employee contributions into a 457 deferred compensation or a 403(b) tax sheltered annuity plan, who is not a public school employee and who meets any of the following requirements:

    a. See Alabama Code 36-27C-2

  • participant: An entity as defined in Section 27-31B-24, and any affiliates thereof, that are insured by a protected cell captive insurance company, where the losses of the participant are limited through a participant contract. See Alabama Code 27-31B-2
  • PARTICIPANT CONTRACT: A contract by which a protected cell captive insurance company insures the risks of a participant and limits the losses of each participant to its pro rata share of the assets of one or more protected cells identified in the participant contract. See Alabama Code 27-31B-2
  • partner: A limited partner or general partner. See Alabama Code 10A-1-1.03
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • person: An individual, partnership, corporation, association, organization, government, or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. See Alabama Code 8-9A-1
  • Person: means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal or commercial entity. See Alabama Code 8-9B-2
  • person: A business, individual, corporation, partnership, union, association, firm, committee, club, or other organization or group of persons. See Alabama Code 36-25-1
  • person: Any individual, partnership, association, firm, or corporation. See Alabama Code 8-13-1
  • person: Any individual, corporation, company, society, association or other business entity. See Alabama Code 2-25-1
  • person: An individual, partnership, corporation, company, society, association or agency. See Alabama Code 2-26-1
  • person: A human being, and where appropriate, a public or private corporation, an unincorporated corporation, a partnership, a government or a governmental instrumentality, or a private organization, association, coalition, federation, and its officers or spokespersons. See Alabama Code 13A-11-152
  • person: 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, such term includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 11-88-1
  • person: An individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 35-12-71
  • PERSONAL RISK LIABILITY: Liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in subdivisions (6)a. See Alabama Code 27-31A-2
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic-control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-41A-41.02
  • places: Vessels, railroad cars, automobiles, aircraft, and other vehicles, buildings, docks, nurseries, orchards and other premises where plants or plant products are grown, kept or handled. See Alabama Code 2-25-1
  • PLANT PEST: Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or parts thereof or any processed, manufactured, or other products of plants and which may be a serious agricultural or horticultural threat in Alabama. See Alabama Code 2-25-1
  • 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.
  • POLITICAL SUBDIVISION: Any county, municipal corporation, school district or other equivalent governmental entity. See Alabama Code 36-28-1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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.
  • principal: A person or business which employs, hires, or otherwise retains a lobbyist. See Alabama Code 36-25-1
  • 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
  • PROBABLE CAUSE: A finding that the allegations are more likely than not to have occurred. See Alabama Code 36-25-1
  • 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.
  • processing: The passing of seed through a cleaning machine for the purpose of removing some constituent or through a blending machine or grinding of the seed for other uses. See Alabama Code 2-26-1
  • PRODUCT LIABILITY: Liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of the person when the incident giving rise to the claim occurred. See Alabama Code 27-31A-2
  • 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
  • property: Both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership. See Alabama Code 8-9A-1
  • Property: means both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership. See Alabama Code 8-9B-2
  • property: Tangible real property, or an interest in real property, including an interest in any leasehold, license, or real estate, including any house, apartment building, condominium, cooperative, office building, store, restaurant, tavern, nightclub, or warehouse, and the land extending to the boundaries of the lot upon which the structure is situated, and anything growing on, affixed to, or found on the land. See Alabama Code 6-5-155.1
  • property: 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 interests therein. See Alabama Code 11-88-1
  • property: Only land which has been subdivided and platted. See Alabama Code 11-88-40
  • property: Tangible property held in a safe deposit box or other safekeeping depository in this state, and fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency, or instrumentality, and all income or increments therefrom. See Alabama Code 35-12-71
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PROSECUTING ATTORNEY: The Attorney General, district attorney, or county, municipal, or private attorney bringing a drug-related nuisance action. See Alabama Code 6-5-155.1
  • PROTECTED CELL: A separate account established by a protected cell captive insurance company formed or licensed under this chapter, in which an identified pool of assets and liabilities is segregated and insulated by means of this chapter from the remainder of the protected cell captive insurance company's assets and liabilities in accordance with the terms of one or more participant contracts to fund the liability of the protected cell captive insurance company, with respect to the participants as set forth in the participant contracts. See Alabama Code 27-31B-2
  • PROTECTED CELL ASSETS: All assets, contract rights, and general intangibles identified with and attributable to a specific protected cell of a protected cell captive insurance company. See Alabama Code 27-31B-2
  • PROTECTED CELL CAPTIVE INSURANCE COMPANY: Any captive insurance company meeting all of the following:

    a. See Alabama Code 27-31B-2

  • PROTECTED CELL LIABILITIES: All liabilities and other obligations identified with and attributed to a specific protected cell of a protected cell captive insurance company. See Alabama Code 27-31B-2
  • PUBLIC BODY: All of the following:

    a. See Alabama Code 36-26A-2

  • PUBLIC EMPLOYEE: Any person employed at the state, county, or municipal level of government or their instrumentalities, including governmental corporations and authorities, but excluding employees of hospitals or other health care corporations including contract employees of those hospitals or other health care corporations, who is paid in whole or in part from state, county, or municipal funds. See Alabama Code 36-25-1
  • PUBLIC FIRE PROTECTION FACILITY: A fire protection facility which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 11-88-1
  • 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 OFFICIAL: Any person elected to public office, whether or not that person has taken office, by the vote of the people at state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. See Alabama Code 36-25-1
  • PUBLIC SEWER SYSTEM: A sewer system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 11-88-1
  • PUBLIC WATER SYSTEM: A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 11-88-1
  • PURCHASING GROUP: Any group which meets all of the following:

    a. See Alabama Code 27-31A-2

  • PURE CAPTIVE INSURANCE COMPANY: Any company that insures risks of its parent and affiliated companies or controlled unaffiliated business or businesses. See Alabama Code 27-31B-2
  • PURE SEED: The seed of the kind or kind and variety of agricultural, tree, shrub or vegetable seed declared on the label or tag. See Alabama Code 2-26-1
  • Quorum: The number of legislators that must be present to do business.
  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust, association, or other entity as defined in Chapter 10. See Alabama Code 10A-1-1.03
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Alabama Code 8-9B-2
  • record: Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Alabama Code 35-12-71
  • REGIONAL COUNCILS: The regional trauma advisory councils. See Alabama Code 22-11D-2
  • REGULATORY BODY: A state agency which issues regulations in accordance with the Alabama Administrative Procedure Act or a state, county, or municipal department, agency, board, or commission which controls, according to rule or regulation, the activities, business licensure, or functions of any group, person, or persons. See Alabama Code 36-25-1
  • relative: An individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Alabama Code 8-9A-1
  • Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Alabama Code 8-9B-2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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).
  • REPORTING PERIOD: The reporting official's or employee's fiscal tax year as it applies to his or her United States personal income tax return. See Alabama Code 36-25-1
  • REPORTING YEAR: The reporting official's or employee's fiscal tax year as it applies to his or her United States personal income tax return. See Alabama Code 36-25-1
  • residing: as used in this article , shall mean any person who remains within any county in the state for a period of more than 24 hours and maintains or uses sleeping quarters anywhere within the county. See Alabama Code 13A-11-180
  • RESORT AREA: An area located outside the corporate limits of any municipality in which the primary use of the majority of the real property is for recreational pursuits or those associated with relaxation, avocation, or pleasure, including vacation homes and facilities and commercial amusement or recreational establishments providing such facilities or goods or services with respect thereto. See Alabama Code 11-88-40
  • respondent: A person alleged to have violated a provision of this chapter and against whom a complaint has been filed with the commission. See Alabama Code 36-25-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • REVOLVING LOAN FUNDS: The monies provided by the sale of the bonds pursuant to this article. See Alabama Code 11-85-100
  • RISK RETENTION GROUP: Any corporation or other limited liability association which meets all of the following:

    a. See Alabama Code 27-31A-2

  • rules: Rules necessary to carry out this article adopted pursuant to the Administrative Procedure Act. See Alabama Code 35-12-71
  • SERVICE AREA: The geographic area or areas in which an authority is authorized by its certificate of incorporation or any amendment thereto to render water service, fire protection service, sewer service or any thereof, which area may include not only territory located outside the boundaries of any municipality but also territory located within the boundaries of one or more municipalities. See Alabama Code 11-88-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • SEWER SERVICE: All services involved in collecting, transporting, treating, and disposing of sanitary sewage and the performing of all functions and activities reasonably incident to the operation of a sewer system. See Alabama Code 11-88-1
  • SEWER SYSTEM: A sanitary sewer system, including mains, laterals, sewage disposal plants, and sewage treatment plants and all appurtenances to such a system and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering sewer services. See Alabama Code 11-88-1
  • SMALL BUSINESS: A small business, as defined in Section 25-10-3. See Alabama Code 41-29-221
  • SOCIAL SECURITY ACT: The act of Congress approved August 14, 1935, Chapter 531, 49 Stat. See Alabama Code 36-28-1
  • sponsor: Any person or entity that is approved by the commissioner to organize and operate a protected cell captive insurance company. See Alabama Code 27-31B-2
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • state: The State of Alabama. See Alabama Code 11-85-100
  • state: Any state of the United States or the District of Columbia. See Alabama Code 27-31A-2
  • state: The State of Alabama. See Alabama Code 11-88-1
  • state: A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Alabama Code 35-12-71
  • STATE EMPLOYEE: A person defined as a classified employee under Section 36-26-2. See Alabama Code 36-26A-2
  • STATEMENT OF ECONOMIC INTERESTS: A financial disclosure form made available by the commission which shall be completed and filed with the commission prior to April 30 of each year covering the preceding calendar year by certain public officials and public employees. See Alabama Code 36-25-1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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

  • Summons: Another word for subpoena used by the criminal justice system.
  • supervisor: Any person having authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, or discipline other public employees, or any person responsible to direct them, or to adjust their grievances, or to recommend personnel action, if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment. See Alabama Code 36-25-1
  • supervisor: Any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, regard, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment. See Alabama Code 36-26A-2
  • SURPLUS NOTE: An unsecured subordinated debt obligation deemed to be a surplus certificate under terms acceptable to the commissioner. See Alabama Code 27-31B-2
  • 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
  • tenant: A person who resides in or occupies property belonging to another person pursuant to a lease agreement, or pursuant to a tenancy under the common law. See Alabama Code 6-5-155.1
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city, who alternatively:

    a. See Alabama Code 45-41A-41.02

  • 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.
  • transfer: Every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Alabama Code 8-9A-1
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See Alabama Code 8-9B-2
  • TRAUMA CENTER: A hospital that voluntarily participates in the statewide trauma system and that has been designated as a trauma center pursuant to the rules of the board. See Alabama Code 22-11D-2
  • treasurer: The Treasurer of the State of Alabama, or the designee of the Treasurer. See Alabama Code 35-12-71
  • TREE AND SHRUB SEED: The seeds of woody plants commonly known and sold as tree or shrub seeds in this state. See Alabama Code 2-26-1
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • UNCERTIFICATED OWNERSHIP INTEREST: An ownership interest in a domestic entity that is not represented by a certificate. See Alabama Code 10A-1-1.03
  • undergarments: Articles of clothing worn under clothing that conceal intimate areas from view. See Alabama Code 13A-11-40
  • 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
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • VALID LIEN: A lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Alabama Code 8-9A-1
  • value: The fair market price of a like item if purchased by a private citizen. See Alabama Code 36-25-1
  • variety: A subdivision of a kind which is characterized by growth, plant, fruit, seed, period of maturation or other characters by which it can be differentiated from other sorts of the same kind, for example, Redhart wheat, Flat Dutch cabbage, Otootan soybeans, Chantenay carrot, etc. See Alabama Code 2-26-1
  • VEGETABLE SEED: The seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this state. See Alabama Code 2-26-1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • 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.
  • wages: All remuneration for employment, as defined in subdivision (2) of this section, including the cash value of all remuneration paid in any medium other than cash; except, that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the federal Insurance Contributions Act, would not constitute "wages" within the meaning of that act. See Alabama Code 36-28-1
  • WATER SERVICE: The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system, including the provision of water to a fire protection authority to be used in the rendition of fire protection service. See Alabama Code 11-88-1
  • WATER SYSTEM: Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water, including but not limited to water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service. See Alabama Code 11-88-1
  • WEED SEEDS: The seeds, bulblets and tubers of all plants generally recognized as weeds within this state, including noxious weed seeds, bulblets and tubers. See Alabama Code 2-26-1
  • WIDELY ATTENDED EVENT: A gathering, dinner, reception, or other event of mutual interest to a number of parties at which it is reasonably expected that more than 12 individuals will attend and that individuals with a diversity of views or interest will be present. See Alabama Code 36-25-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.