Article 1 General Provisions 16-5-1 – 16-5-15
Article 2 Committee to Improve Postsecondary Education Participation 16-5-30 – 16-5-33
Article 3 Alabama Math and Science Teacher Education Program 16-5-50 – 16-5-55

Terms Used In Alabama Code > Title 16 > Chapter 5

  • 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.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • applicant: A natural person who files a written application with the governing body of any municipality to which this part applies all in accordance with Section 45-49A-64. See Alabama Code 45-49A-64.01
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • AUTHORITY: The public corporation organized pursuant to the provisions of this chapter. See Alabama Code 16-16-1
  • authority: A public corporation organized pursuant to this part. See Alabama Code 45-49A-64.01
  • AUTHORIZING MUNICIPALITY: Any municipality the governing body of which shall have adopted an authorizing resolution. See Alabama Code 45-49A-64.01
  • AUTHORIZING RESOLUTION: A resolution, adopted by the governing body of any municipality to which this part applies all in accordance with Section 45-49A-64. See Alabama Code 45-49A-64.01
  • board: The board of directors of an authority. See Alabama Code 45-49A-64.01
  • bonds: The bonds issued under the provisions of this chapter. See Alabama Code 16-16-1
  • bonds: Includes bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-49A-64.01
  • BOOK VALUE: The value that T. See Alabama Code 40-28-1
  • CERTIFICATE OF NEED: Written approval by the commission for the director to issue a permit to operate in accordance with this part. See Alabama Code 45-49-252
  • Chambers: A judge's office.
  • CHIEF EXECUTIVE OFFICER: With respect to any municipality, the mayor, president of the board of commissioners, or other chief executive officer of such municipality. See Alabama Code 45-49A-64.01
  • collection: Any person, firm, partnership, or corporation permitted by the director or franchised by the board to engage in the transportation or collection of solid waste. See Alabama Code 45-49-252
  • collector: Any person, firm, partnership, or corporation permitted by the director or franchised by the commission to engage in the transportation or collection of solid waste. See Alabama Code 45-49-252
  • commission: The Mobile County Commission of Mobile County, Alabama. See Alabama Code 45-49-252
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • CONSTITUENT ORGANIZATION: means an organization that is party to a merger under this article. See Alabama Code 10A-9A-10.01
  • CONVERTED ENTITY: An entity resulting from a conversion. See Alabama Code 10A-1-1.03
  • CONVERTED ORGANIZATION: means the organization into which a converting organization converts pursuant to this article. See Alabama Code 10A-9A-10.01
  • CONVERTING ENTITY: An entity as the entity existed before the entity's conversion. See Alabama Code 10A-1-1.03
  • CONVERTING LIMITED PARTNERSHIP: means a converting organization that is a limited partnership. See Alabama Code 10A-9A-10.01
  • CONVERTING ORGANIZATION: means an organization that converts into another organization pursuant to this article. See Alabama Code 10A-9A-10.01
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2 or Chapter 2A, as applicable, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • county: Any county in the state. See Alabama Code 45-49A-64.01
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • director: The solid waste coordinator, appointed by the Mobile County Commission or its designated agent; is responsible for the administrative management of this part. See Alabama Code 45-49-252
  • director: A member of the board of directors of the authority. See Alabama Code 45-49A-64.01
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donor: The person who makes a gift.
  • dry: The local governments in areas which prohibit the sale of alcoholic beverages. See Alabama Code 40-28-1
  • entity: A domestic entity or foreign entity. 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
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN ENTITY: An organization formed and existing under 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
  • garbage: Materials resulting from the preparation, cooking, and serving of food; market wastes, trimmings, and other discarded matter from meat or produce, including containers in which packaged; and such other refuse as may be defined by the commission. See Alabama Code 45-49-252
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING BODY: Court of county commissioners, board of revenue, or other like governing body with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 45-49A-64.01
  • 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.
  • HEALTH OFFICER: The Director of the Mobile County Health Department and his or her authorized agents. See Alabama Code 45-49-252
  • 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.
  • IN-LIEU-OF-TAXES PAYMENTS: Those payments made directly to the state of Alabama and not to local governments or distributors under federal statute (16 USC, §831) by T. See Alabama Code 40-28-1
  • incineration: A controlled process by which solid, liquid, or gaseous combustible wastes are burned and changed into gases, and the residue produced contains little or no combustible material. See Alabama Code 45-49-252
  • incinerator: An engineered apparatus used to burn waste sub- stances and in which all the factors of combustion, temperature, retention time, turbulence, and combustion air, can be controlled. See Alabama Code 45-49-252
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-49A-64.01
  • INDUSTRIAL POWER SALES: That power which is sold by T. See Alabama Code 40-28-1
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity is required or permitted to deliver a filing instrument for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • LABOR UNION: Any organization of any kind in which employees participate for the purpose of dealing with one or more employers concerning grievances, labor disputes, wages, rates of pay, hour of employment, or conditions of work. See Alabama Code 45-49A-64.01
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • 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.
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

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

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

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

  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • municipality: An incorporated city or town of the state. See Alabama Code 45-49A-64.01
  • organization: means a general partnership, including a limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability company; business trust; corporation; nonprofit corporation; professional corporation; or any other person having a governing statute. See Alabama Code 10A-9A-10.01
  • ORGANIZATIONAL DOCUMENTS: means :

    (A) for a general partnership or foreign general partnership, its partnership agreement and if applicable, its registration as a limited liability partnership or a foreign limited liability partnership;

    (B) for a limited partnership or foreign limited partnership, its certificate of formation and partnership agreement, or comparable writings as provided in its governing statute;

    (C) for a limited liability company or foreign limited liability company, its certificate of formation and limited liability company agreement, or comparable writings as provided in its governing statute;

    (D) for a business or statutory trust or foreign business or statutory trust its agreement of trust and declaration of trust, or comparable writings as provided in its governing statute;

    (E) for a corporation for profit or foreign corporation for profit, its certificate of formation, bylaws, and other agreements among its shareholders that are authorized by its governing statute, or comparable writings as provided in its governing statute;

    (F) for a nonprofit corporation or foreign nonprofit corporation, its certificate of formation, bylaws, and other agreements that are authorized by its governing statute, or comparable writings as provided in its governing statute;

    (G) for a professional corporation or foreign professional corporation, its certificate of formation, bylaws, and other agreements among its shareholders that are authorized by its governing statute, or comparable writings as provided in its governing statute; and

    (H) for any other organization, the basic writings that create the organization and determine its internal governance and the relations among the persons that own it, have an interest in it, or are members of it. See Alabama Code 10A-9A-10.01

  • 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, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 45-49A-64.01
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • persons: Any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, or any other legal representative, agent, or assign. See Alabama Code 45-49-252
  • 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
  • preceding: means next before. See Alabama Code 1-1-1
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of proceedings of the board of an authority are kept. See Alabama Code 45-49A-64.01
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • property: Includes real and personal property, and interests therein. See Alabama Code 45-49A-64.01
  • property: The property of T. See Alabama Code 40-28-1
  • 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
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • PUBLIC TRANSPORTATION SERVICE: Includes all service involved in the transportation of passengers for hire by means of street railway, elevated railway, subway, underground railroad, motor vehicles, or other means of conveyance generally associated with or developed for mass surface or subsurface transportation of the public, but does not include any service involved in transportation by taxicab, airport limousine, or industrial bus. See Alabama Code 45-49A-64.01
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Recess: A temporary interruption of the legislative business.
  • 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.
  • rubbish: Solid waste or refuse, excluding garbage and bulky items; consists of both combustible and noncombustible trash, such as paper, cardboard, tin cans, plastics, yard clippings, wood, glass, and similar materials. See Alabama Code 45-49-252
  • salvaging: The controlled removal of valuable or useful material from solid waste for utilization. See Alabama Code 45-49-252
  • SANITARY LANDFILL: A site where solid waste is disposed using sanitary landfilling techniques. See Alabama Code 45-49-252
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 10A-2-1.40
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 10A-2-1.40
  • SOLID WASTE: Garbage, rubbish, refuse, or other discarded solid or semi-solid materials resulting from domestic, commercial, industrial, agricultural activities and governmental operations excluding solids or dissolved material in domestic sewage, but not materials held for reuse or resale. See Alabama Code 45-49-252
  • SOLID WASTE MANAGEMENT: Includes all or any aspects of handling solid waste: including collection, transportation, storage, separation, and disposal. See Alabama Code 45-49-252
  • state: The State of Alabama. See Alabama Code 45-49A-64.01
  • 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 16-16-1
  • Statute: A law passed by a legislature.
  • storage: The interim containment of solid waste, in an approved manner, after generation and prior to ultimate disposal. See Alabama Code 45-49-252
  • SURVIVING ORGANIZATION: means an organization into which one or more other organizations are merged under this article, whether the organization pre-existed the merger or was created pursuant to the merger. See Alabama Code 10A-9A-10.01
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 10A-9A-1.02
  • TRANSIT SYSTEM: Includes land, plants, systems, facilities, buildings, garages, vehicles of all types, rails, lines, and any combination of any thereof, used or useful or capable of future use in furnishing public transportation service, and all other property deemed necessary or desirable by an authority for use in furnishing public transportation service. See Alabama Code 45-49A-64.01
  • transport: The movement of solid waste subsequent to collection. See Alabama Code 45-49-252
  • UNAUTHORIZED ACCUMULATION: Any accumulation of trash, garbage, or putrescible waste for more than seven days on any residential or commercial properties, excluding noncommercial composting, and commercial composting for which a valid permit has been obtained. See Alabama Code 45-49-252
  • wet: The local governments in areas which permit the sale of alcoholic beverages. See Alabama Code 40-28-1
  • YARD TRASH: Vegetative matter resulting from landscaping maintenance such as trees and shrub trimmings, grass clippings, and palm fronds. See Alabama Code 45-49-252