Article 1 General Provisions 16-49-1 – 16-49-4
Article 2 Board of Trustees 16-49-20 – 16-49-30
Article 3 State Black Archives, Research Center and Museum 16-49-50 – 16-49-55

Terms Used In Alabama Code > Title 16 > Chapter 49

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • AT NEED: At the time of death, or immediately following death. See Alabama Code 27-17A-2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authority: The public corporation organized pursuant to the provisions of this article. See Alabama Code 45-37-123.26
  • beneficiary: One who benefits from an act, such as one for whom a preneed contract is entered into or the successor-in-interest of a life insurance policy. See Alabama Code 27-17A-2
  • board: The board of directors of the authority. See Alabama Code 45-37-123.26
  • BOARD OF DIRECTORS: That body of persons selected in accordance with the articles of incorporation and bylaws of a corporation formed pursuant to this chapter. See Alabama Code 27-15-83
  • 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 45-37-123.26
  • cemetery: A place that is established, maintained, managed, operated, or improved and which is dedicated to and used or intended to be used for the final disposition of human remains and their memorialization. See Alabama Code 27-17A-2
  • CEMETERY AUTHORITY: Any person who owns or controls a cemetery or conducts cemetery business. See Alabama Code 27-17A-2
  • CEMETERY MERCHANDISE: Any personal property offered for sale, contracted for sale, or sold for use in connection with the burial of, final disposition, memorialization, interment, entombment, or inurnment of human remains by a cemetery authority. See Alabama Code 27-17A-2
  • CEMETERY SERVICES: Services provided by a cemetery authority for interment, entombment, inurnment, and installation of cemetery merchandise. See Alabama Code 27-17A-2
  • CERTIFICATE HOLDER: A funeral establishment, cemetery authority, third-party seller, or any other person to whom a valid certificate of authority to sell preneed contracts has been granted by the commissioner. See Alabama Code 27-17A-2
  • COMMERCIAL MOTOR VEHICLE: Any self-propelled or towed vehicle used on the highways in commerce to transport passengers or property if the vehicle meets any of the following:

    a. See Alabama Code 16-49-2

  • commissioner: The Alabama Commissioner of Insurance. See Alabama Code 27-17A-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2, 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 45-26-231.06
  • county: Any county in this state. See Alabama Code 27-15-83
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: The Alabama State Law Enforcement Agency of this state acting directly or through its duly authorized officers and agents. See Alabama Code 16-36-23
  • department: The Alabama Department of Public Safety. See Alabama Code 16-49-2
  • Devise: To gift property by will.
  • director: The Secretary of the Alabama State Law Enforcement Agency of Alabama. See Alabama Code 16-36-23
  • director: The Director of the Alabama Department of Public Safety. See Alabama Code 16-49-2
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
  • Donor: The person who makes a gift.
  • driver: Every person who drives or is in actual physical control of a vehicle. See Alabama Code 16-36-23
  • Executor: A male person named in a will to carry out the decedent
  • facilities: Structures, equipment and furnishings, or any other part or combination thereof, which are used, useful or capable of use, and the use thereof in connection with the implementation and operation of programs as defined herein. See Alabama Code 27-15-83
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • FOREIGN LIMITED PARTNERSHIP: means a partnership formed under the laws of a jurisdiction other than this state and required by those laws to have one or more general partners and one or more limited partners. See Alabama Code 45-10-234.06
  • Fraud: Intentional deception resulting in injury to another.
  • funeral: The rites held commemorating the deceased with human remains present. See Alabama Code 27-17A-2
  • FUNERAL BENEFICIARY: The person or persons who will receive the benefit of the funeral and cemetery goods and services to be delivered under a preneed contract at the time of his, her, or their death. See Alabama Code 27-17A-2
  • FUNERAL DIRECTOR: One authorized by law to engage in funeral directing. See Alabama Code 27-17A-2
  • FUNERAL ESTABLISHMENT: A place of business used in the care, planning, and preparation for final disposition or transportation of human remains, or any place where one or more are engaged and represent themselves to be engaged in the business of embalming or funeral directing. See Alabama Code 27-17A-2
  • FUNERAL MERCHANDISE: Any personal property offered for sale, contracted for sale, or sold for use in connection with funeral directing. See Alabama Code 27-17A-2
  • GOVERNING BODY: A county commission, board of revenue or other like governing body of a county, or the council, commission or other like governing body of an incorporated municipality. See Alabama Code 27-15-83
  • Grantor: The person who establishes a trust and places property into it.
  • GROSS WEIGHT: The weight of a vehicle without load plus the weight of any load thereon. See Alabama Code 16-36-23
  • 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.
  • 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 16-36-23
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
  • interment: The final disposition of human remains by burial, entombment, or inurnment. See Alabama Code 27-17A-2
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • month: means a calendar month. See Alabama Code 30-3D-608
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for electric personal assistive mobility devices. See Alabama Code 16-36-23
  • 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
  • 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 45-26-231.06
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: A person, other than a lienholder, having the property in or title to a vehicle. See Alabama Code 16-36-23
  • 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 45-26-231.06
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, 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 45-26-231.06
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
  • person: Every natural person, firm, copartnership, association, or corporation. See Alabama Code 16-36-23
  • person: Any individual, firm, corporation, partnership, joint venture, limited liability company, association, trustee, government or governmental subdivision, agency, or other entity, or any combination thereof. See Alabama Code 27-17A-2
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 30-3D-608
  • preceding: means next before. See Alabama Code 30-3D-608
  • preneed: Any time prior to death. See Alabama Code 27-17A-2
  • PRENEED CONTRACT: A written contract to purchase funeral merchandise, funeral services, cemetery merchandise, or cemetery services from the seller on a preneed basis. See Alabama Code 27-17A-2
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • programs: The use of various behavioral programs in the care and supervision of children. See Alabama Code 27-15-83
  • provider: A person who may or may not be the seller, who will actually provide the merchandise and services under the terms of a preneed contract. See Alabama Code 27-17A-2
  • PURCHASE PRICE: The amount paid by the purchaser for merchandise and services purchased under a preneed contract, exclusive of finance charges, sales tax, charges relating to interment rights, arrangement conference fees, or charges for credit life insurance. See Alabama Code 27-17A-2
  • purchaser: The person who purchases a preneed contract either on his or her behalf or on behalf of a third party beneficiary. See Alabama Code 27-17A-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 16-36-23
  • RELIGIOUS INSTITUTION: An organization formed primarily for religious purposes which has qualified for exemption from federal income tax as an exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. See Alabama Code 27-17A-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • RIGHT-OF-WAY: The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Alabama Code 16-36-23
  • roadway: That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Alabama Code 16-36-23
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • seller: Any person offering or selling merchandise or services on a preneed basis including, but not limited to, funeral establishments, cemetery authorities, crematory authorities, memorial retailers, direct disposers, etc. See Alabama Code 27-17A-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.
  • 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 45-26-231.06
  • state: The State of Alabama. See Alabama Code 45-37-123.26
  • 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 16-36-23
  • stop: When required, means complete cessation from movement. See Alabama Code 16-36-23
  • 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 16-36-23
  • Subpoena: A command to a witness to appear and give testimony.
  • Testate: To die leaving a will.
  • traffic: Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel. See Alabama Code 16-36-23
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • trustee: Any person, state or national bank, trust company, or federally insured savings and loan association lawfully appointed as fiduciary over funds deposited by one or more purchasers of a preneed contract or deposited pursuant to an endowment care trust fund; not to be confused with a board of trustees. See Alabama Code 27-17A-2
  • Trustee: A person or institution holding and administering property in trust.
  • vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or electric personal assistive mobility devices; provided, that for the purposes of this title, a bicycle or a ridden animal shall be deemed a vehicle, except those provisions of this title, which by their very nature can have no application. See Alabama Code 16-36-23