Article 1 General Provisions 23-1-1 – 23-1-10
Article 2 Department of Transportation 23-1-20 – 23-1-66
Article 3 Public Roads, Bridges and Ferries 23-1-80 – 23-1-95
Article 3A Roads and Bridges in Captive Counties 23-1-100 – 23-1-107
Article 4 Municipal Connecting Link Roads 23-1-110 – 23-1-113
Article 5 Private Roads 23-1-130 – 23-1-131
Article 6 Alabama Highway Authority 23-1-150 – 23-1-160
Article 7 Alabama Highway Finance Corporation 23-1-170 – 23-1-182
Article 8A Relocation Assistance 23-1-210 – 23-1-212
Article 9 Highway Beautification 23-1-220 – 23-1-288
Article 9A Alabama Scenic Byways Program 23-1-290 – 23-1-295
Article 10 Federal Aid Highway Finance Authority 23-1-300 – 23-1-318
Article 11 Rural Access Program 23-1-330 – 23-1-333
Article 12 Regulations of Aeronautics, Aircraft, and Airports Generally 23-1-350 – 23-1-391
Article 13 Airport Airspace Safety Act of 2009 23-1-410 – 23-1-417
Article 14 Alabama Transportation Safety Fund 23-1-430 – 23-1-436

Terms Used In Alabama Code > Title 23 > Chapter 1

  • ACCUMULATED CONTRIBUTIONS: The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the District Attorneys' Plan, together with regular interest thereon. See Alabama Code 12-17-227
  • ACTUARIAL EQUIVALENT: A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest. See Alabama Code 12-17-227
  • AD VALOREM TAX: Those real and personal property ad valorem taxes collected by the county tax collector, the director of revenue of the county, or revenue commissioner, if any, for the county, but shall exclude all ad valorem taxes collected for the State of Alabama and all boards of education, municipalities, fire districts, or other entities located in the county. See Alabama Code 11-32-2
  • ADDITIONAL RAIL SERVICE AREA: Any territory that is outside the boundaries or corporate limits, as the case may be, of any of its authorizing subdivisions and that the governing body of the county, and of any city or town, in which such territory is located has by resolution designated as an area in which the authority may render rail transportation service. See Alabama Code 37-13-1
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ADVANCED COMMUNICATIONS CAPABILITIES: The communications capabilities defined from time to time as advanced telecommunications capabilities by the Federal Communications Commission (FCC) through regulations, statutes, or other written guidance or orders. See Alabama Code 37-16-3
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • AID TO DEPENDENT CHILDREN: Such term shall have the same meaning as "aid to dependent children" as defined by the Federal Social Security Act or amendments thereto. See Alabama Code 38-1-1
  • AID TO THE PERMANENTLY AND TOTALLY DISABLED: Money payments with respect to a person 18 years of age or older who is permanently and totally disabled. See Alabama Code 38-1-1
  • AIR CARRIER: This term includes both a common carrier by aircraft and a contract carrier by aircraft. See Alabama Code 37-9-2
  • AIR COMMERCE: The carriage by aircraft of persons or property, or any class or classes thereof, for compensation or hire in intrastate commerce in this state, including such aircraft operations of carriers by rail, water or motor vehicle, and/or express or forwarding companies, except pilot training, flight instruction, sale of property and services for aircraft, engines and accessories. See Alabama Code 37-9-2
  • aircraft: Any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air. See Alabama Code 37-9-2
  • airport: Any area of existing land or man-made construction, except a restricted landing area, that is currently used, made available, or designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, maintenance, or repair of aircraft, and whether or not facilities are provided for receiving and discharging passengers or cargo, so long as such area meets the minimum requirements as to size, design, surfacing, marking, equipment, and management provided by the department for airports owned or operated by a political subdivision. See Alabama Code 23-1-411
  • AIRPORT HAZARD: Any structure, equipment, object of natural growth, or use of land that constitutes a hazard to air navigation as set forth in 14 C. See Alabama Code 23-1-411
  • Alabama bank: means a bank whose home state is Alabama. See Alabama Code 5-13B-21
  • Alabama state bank: means a bank chartered under the laws of Alabama. See Alabama Code 5-13B-21
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • annuity: Payments for life derived from the accumulated contributions of a member. See Alabama Code 12-17-227
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • ANNUITY STARTING DATE: The first day for which a benefit is payable as an annuity or any other form under Section 45-49A-63. See Alabama Code 45-49A-63
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: A natural person who files a written application with the governing body of any county to which this chapter applies and with a municipality in the county, all in accordance with Section 11-32-3. See Alabama Code 11-32-2
  • APPLICATION FOR CONVERSION: That written application, on a form to be prescribed by the superintendent, which is filed with the superintendent requesting approval of a plan of conversion. See Alabama Code 5-7A-61
  • Appraisal: A determination of property value.
  • APPROXIMATE LOCATION OF UNDERGROUND FACILITIES: Information about an operator's underground facilities which is provided to a person by an operator and must be accurate to within 18 inches measured horizontally from the outside edge of each side of such operator's facility, or a strip of land 18 inches either side of the operator's field mark or the marked width of the facility plus 18 inches on each side of the marked width of the facility. See Alabama Code 37-15-2
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 10A-2-1.40
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authority: Any public corporation organized pursuant to this chapter or any law amendatory thereof or supplemental thereto. See Alabama Code 37-13-1
  • authority: The Underground Damage Prevention Authority created under Section 37-15-10. See Alabama Code 37-15-2
  • authority: The Alabama Federal Aid Highway Finance Authority, a public corporation and instrumentality of the state authorized to be organized under the provisions of this article. See Alabama Code 23-1-301
  • authority: The public corporation organized pursuant to this chapter, which shall be an agency of the state but shall not be a political subdivision of the state. See Alabama Code 11-32-2
  • AUTHORITY BOARD: The Underground Damage Prevention Board created under Section 37-15-10. See Alabama Code 37-15-2
  • AUTHORIZING COUNTY: Any county the governing body of which shall have adopted an authorizing resolution, even if the population of the county should fall below 600,000. See Alabama Code 11-32-2
  • AUTHORIZING MUNICIPALITY: Any municipality the governing body of which shall have adopted an authorizing resolution. See Alabama Code 11-32-2
  • AUTHORIZING RESOLUTION: A resolution, adopted by the governing body of any county to which this chapter applies or by a municipality in the county, all in accordance with Section 11-32-3. See Alabama Code 11-32-2
  • AUTHORIZING SUBDIVISION: Any county, city, or town in this state in which there are located railroad properties and facilities and whose governing body receives an application for permission to organize an authority. See Alabama Code 37-13-1
  • AVERAGE FINAL COMPENSATION: The average annual compensation of a district attorney with respect to which he or she had made contributions pursuant to Section 12-17-227. See Alabama Code 12-17-227
  • AVIATION GASOLINE: Motor fuel designed for use in the operation of aircraft other than jet aircraft, and sold or used for that purpose. See Alabama Code 8-17-80
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Alabama Code 7-7-102
  • Bank holding company: has the meaning set forth in 12 U. See Alabama Code 5-13B-21
  • Bank supervisory agency: means :

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

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

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • BASIC TELEPHONE SERVICE: Refers to a service that, as provided by an incumbent local exchange carrier, may be through any technology and through any affiliate or service arrangement and includes the functionalities described in 47 C. See Alabama Code 37-2A-2
  • beneficiary: Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this division. See Alabama Code 12-17-227
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • beneficiary: The person or persons named by a member by written designation filed with the board to receive payments under this plan after the member's death. See Alabama Code 45-49A-63
  • Bequest: Property gifted by will.
  • BIODIESEL FUEL: Any motor fuel or mixture of motor fuels that is derived, in whole or in part, from agricultural products or animal fats, or the wastes of such products or fats, and is advertised as, offered for sale as, suitable for use as, or used as motor fuel in a diesel engine. See Alabama Code 8-17-80
  • blasting: The use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure. See Alabama Code 37-15-2
  • BLENDED FUEL: A mixture composed of gasoline or diesel fuel and any other liquid that can be used as a motor fuel in a highway vehicle. See Alabama Code 8-17-80
  • BLIND ASSISTANCE: Money payments with respect to needy blind persons. See Alabama Code 38-1-1
  • board: The Board of Directors of an authority. See Alabama Code 11-32-2
  • board: The Alabama Board of Agriculture and Industries. See Alabama Code 8-17-80
  • board: The board of directors of an authority. See Alabama Code 37-13-1
  • board: The Police and Fire Pension Board as constituted under Section 45-49A-63. See Alabama Code 45-49A-63
  • BOARD OF CONTROL: The board provided for in Section 36-27-23 to administer the retirement system. See Alabama Code 12-17-227
  • BOARD OF DIRECTORS: The board of directors of the authority. See Alabama Code 23-1-301
  • boards: The State Employees' Insurance Board and the Public Education Employees' Health Insurance Board. See Alabama Code 36-36-3
  • bond: Any bond authorized to be issued pursuant to this chapter. See Alabama Code 37-13-1
  • bonds: Bonds, notes, warrants, certificates, and other obligations representing an obligation to pay money. See Alabama Code 11-32-2
  • bonds: The bonds, including refunding bonds issued to refund outstanding obligations, that in this article are authorized to be sold and issued by the authority. See Alabama Code 23-1-301
  • brand: The trade name or other designation under which a particular petroleum product is sold, offered for sale, or otherwise identified. See Alabama Code 8-17-80
  • BREAK IN SERVICE: A period of absence which would constitute a break in the member's service under the Mobile County Personnel Board rules; provided, however, that periods of leave and periods of service in the uniformed services of the United States determined in accordance with Section 45-49A-63. See Alabama Code 45-49A-63
  • BRIDGE REPLACEMENT: Bridge replacement includes the replacement of existing bridge structures and, if necessary, the realignment of the adjacent approaches. See Alabama Code 23-1-331
  • BROADBAND AFFILIATE: A person that is at least 10 percent owned by an electric provider, controlled by way of ownership interests therein, directly or indirectly, by the electric provider, or under common control with the electric provider, and which is formed to provide, among other services, utility support services or nonutility support services. See Alabama Code 37-16-3
  • BROADBAND OPERATOR: A person that owns or operates a broadband system within an electric easement, including the electric provider if the electric provider is operating the broadband system and including a person that provides broadband services on a wholesale basis to another broadband operator or broadband service provider. See Alabama Code 37-16-3
  • BROADBAND SERVICE PROVIDER: A person that provides broadband services on a retail basis to end-use customers. See Alabama Code 37-16-3
  • BROADBAND SERVICES: The provision of connectivity to a high-speed, high-capacity transmission medium or to a technology supporting, in the provider-to-consumer (downstream) direction, a speed, in technical terms ("bandwidth"), with minimum download speeds of 25 megabits per second and minimum upload speeds of 25 megabits per second for either of the following:

    a. See Alabama Code 37-16-3

  • BROADBAND SYSTEM: Any of the following that may be used to facilitate, directly or indirectly, the provision or transmission of broadband services, whether utility support services or nonutility support services, or both: Materials; wires; cables, including fiber optic and copper cables, whether such cables are dark or lit, and whether such cables are in use or dormant; conduits; antennas; equipment; fixtures; switching multiplexers; poles; routers; switches; servers; appurtenances; facilities; and ancillary or auxiliary equipment. See Alabama Code 37-16-3
  • broker: Any person not included in the term "motor carrier" and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation of property other than that transported by common carriers of passengers, subject to this chapter, or negotiates for or holds itself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for the transportation. See Alabama Code 37-3-2
  • broker: Any person not included in the term "air carrier" and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation subject to this chapter, or negotiates for or holds himself, or itself, out by solicitation, advertisement or otherwise as one who sells, provides, furnishes, contracts or arranges for such transportation. See Alabama Code 37-9-2
  • BULK TRANSFER: Any transfer of motor fuel from one location to another by pipeline tender or marine delivery within a bulk transfer/terminal system, including, but not limited to, the following:

    a. See Alabama Code 8-17-80

  • BULK USER: A person who receives into his or her own storage facilities, in transport truck lots, taxable motor fuel for his or her own consumption. See Alabama Code 8-17-80
  • BUNDLED OFFERING: A combination of retail services offered as a package, whether at a single price or with the availability of the price for one service contingent on the purchase of other services. See Alabama Code 37-2A-2
  • Capital offense: A crime punishable by death.
  • carrier: means a person that issues a bill of lading. See Alabama Code 7-7-102
  • CASE RECORD MATERIAL: The entire case record file pertaining to inquiries about, applicants for, or recipients of public assistance, including but not limited to, applications, narratives, budgets, face sheets, correspondence, authorizations of assistance, change of status forms, financial and statistical record cards and such other material or forms as have been used from time to time. See Alabama Code 38-1-1
  • certificate: A certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. See Alabama Code 37-3-2
  • certificate: A certificate of public convenience and necessity issued under this chapter to a common carrier by aircraft. See Alabama Code 37-9-2
  • city: The City of Mobile, Alabama. See Alabama Code 45-49A-63
  • CLASS II RAILROAD: A carrier classified as a Class II railroad pursuant to 49 CFR § 1201, or other rule adopted by the United States Surface Transportation Board. See Alabama Code 37-11C-2
  • CLASS III RAILROAD: A carrier classified as a Class III railroad pursuant to 49 CFR § 1201, or other rule adopted by the United States Surface Transportation Board. See Alabama Code 37-11C-2
  • code: The Internal Revenue Code of 1986, as amended from time to time. See Alabama Code 45-49A-63
  • COLLECTIVE RESERVE ACCOUNT: An internal capital account that represents the portion of the net book value of the corporation attributable to the cooperative. See Alabama Code 10A-11-1.02
  • commission: The Public Service Commission of the State of Alabama. See Alabama Code 37-2A-2
  • commission: The Alabama Public Service Commission. See Alabama Code 37-3-2
  • commission: The Public Service Commission of the State of Alabama. See Alabama Code 37-5-1
  • commission: The Alabama Public Service Commission. See Alabama Code 37-9-2
  • commission: The Alabama Public Service Commission;

    (6) FEDERAL SAFETY STANDARDS. See Alabama Code 37-4-90

  • commission: The Alabama Public Service Commission. See Alabama Code 37-16-3
  • commissioner: The Commissioner of the State Department of Human Resources. See Alabama Code 38-1-1
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 8-17-80
  • commissioner: One of the members of the commission. See Alabama Code 37-3-2
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • COMMON CARRIER BY AIRCRAFT: Any person which holds itself out to the general public, whether directly or indirectly, or by a lease or other arrangement and, whether over regular or irregular routes, to engage in air commerce. See Alabama Code 37-9-2
  • COMMON CARRIER BY MOTOR VEHICLE: Any person who or which undertakes, whether directly or by a lease or other arrangement, to transport passengers or property or any class or classes of property for the general public in the State of Alabama by motor vehicle for compensation, whether over regular or irregular routes or whether between fixed termini or not, including such other motor vehicle operations of carriers by rail or water or express and forwarding companies under this chapter. See Alabama Code 37-3-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • COMMUNICATIONS SERVICE: Any service that is either a telecommunications service or an information service. See Alabama Code 37-2A-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Alabama Code 7-7-102
  • Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Alabama Code 7-7-102
  • Contract: A legal written agreement that becomes binding when signed.
  • CONTRACT CARRIER BY AIRCRAFT: Any person, who, except as provided in subsection (a) of Section 37-9-20, undertakes, otherwise than as a common carrier by aircraft, whether directly or indirectly, or by a lease or any other arrangement, to engage in air commerce. See Alabama Code 37-9-2
  • CONTRACT CARRIER BY MOTOR VEHICLE: Any person not included under subdivision (3), who or which under a special or individual contract or agreement, under special or individual contracts or special or individual agreements and whether directly or by lease or any other arrangement transports passengers or property by motor vehicle for compensation in this state. See Alabama Code 37-3-2
  • CONTRACT LOCATOR: Any person contracted with an operator specifically to determine and mark the approximate location of the operator's utility lines that exist within the area specified by a notice served on the "One-Call Notification System. See Alabama Code 37-15-2
  • CONTRACT OFFERING: Any retail contractual agreement, whether or not memorialized in writing, by which a local exchange or inter-exchange carrier offers any communications service to any existing customer or potential customer. See Alabama Code 37-2A-2
  • Control: shall be construed consistently with the provisions of 12 U. See Alabama Code 5-13B-21
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: Includes an employee cooperative as defined in Chapter 11. See Alabama Code 10A-1-1.03
  • 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: The authority. See Alabama Code 23-1-301
  • cost: As applied to any highway construction project, all costs of construction or acquisition of any part of any such highway construction project, including, but without limitation to, the costs of supervising, inspecting and constructing any such highway construction project and all costs and expenses incidental thereto, the costs of locating, surveying and mapping, resurfacing, restoration and rehabilitation, acquisition of rights-of-way, relocation assistance, elimination of hazards of railway-grade crossings, acquisition of replacement housing sites, acquisition, rehabilitation, relocation, and construction of replacement housing and improvements which directly facilitate and control traffic flow, including grade separation of intersections, widening of lanes, channelization of traffic, traffic-control systems and passenger loading and unloading areas, and any other cost of any federal aid projects which is to be repaid or reimbursed to the state by the United States of America pursuant to the written agreement provided for in Section 23-1-313. See Alabama Code 23-1-301
  • county: Any county in the state. See Alabama Code 11-32-2
  • COUNTY BOARD: The county board of human resources. See Alabama Code 38-1-1
  • COUNTY DEPARTMENT: The department of human resources in each of the 67 counties. See Alabama Code 38-1-1
  • COUNTY DIRECTOR: The director of each county department of human resources. See Alabama Code 38-1-1
  • COUNTY ROADS: All paved or unpaved public roads, including bridges, within a county on the county road system and continuing into or through the corporate limits of any city or town in a county which are not a part of the state highway system. See Alabama Code 23-1-331
  • coupon: Any interest coupon evidencing an installment of interest payable with respect to a bond. See Alabama Code 37-13-1
  • damage: Includes, but is not limited to, the substantial weakening of structural or lateral support of an underground facility, penetration or destruction of any underground facility's protective coating, housing, or other protective device, and the severance (partial or complete) of any underground facility, but does not apply to any operator's abandoned underground facility. See Alabama Code 37-15-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Alabama Code 7-7-102
  • demolition: Any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or explosives. See Alabama Code 37-15-2
  • department: The Alabama Department of Transportation and any successor agency. See Alabama Code 23-1-411
  • department: The Department of Transportation. See Alabama Code 23-1-430
  • department: The Alabama Department of Agriculture and Industries. See Alabama Code 8-17-80
  • department: The State Banking Department as provided for and created in Section 5-2A-1. See Alabama Code 5-7A-61
  • department: The Highway Department of the State of Alabama. See Alabama Code 37-10-2
  • department: The Alabama Department of Commerce. See Alabama Code 37-11C-2
  • department: The State Department of Revenue. See Alabama Code 45-19-244
  • DEPARTMENT OF TRANSPORTATION: That state department created by Section 23-1-20. See Alabama Code 23-1-331
  • Dependent: A person dependent for support upon another.
  • DEPENDENT CHILD: Any needy child coming within the definition of "dependent child" as defined in the Federal Social Security Act or amendments thereto. See Alabama Code 38-1-1
  • dependents: The spouse and dependent children, as defined by the rules and regulations of the respective boards, of a retired employee who are covered by either the Public Education Employees' Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees' Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time. See Alabama Code 36-36-3
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • DESIGN OR SURVEY LOCATE REQUEST: Any communication to the "One-Call Notification System" specifically to request existing underground facilities to be located for bidding, predesign, or advance planning purposes. See Alabama Code 37-15-2
  • Devise: To gift property by will.
  • DIESEL FUEL: Any liquid that is advertised, offered for sale, or sold for use as or used as a motor fuel in a diesel-powered engine. See Alabama Code 8-17-80
  • director: A member of the board. See Alabama Code 11-32-2
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • director: A member of a board. See Alabama Code 37-13-1
  • 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:
  • DISTRICT ATTORNEY: Except as otherwise provided in Section 12-17-227. See Alabama Code 12-17-227
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • Donor: The person who makes a gift.
  • DYED DIESEL FUEL: Diesel fuel that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 8-17-80
  • DYED KEROSENE: Kerosene that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 8-17-80
  • EARTHEN MATERIALS: Materials covered in this part which include sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, or any combination thereof, but does not include graphite. See Alabama Code 45-19-244
  • ELECTRIC DELIVERY SYSTEM: Any product, fixture, equipment, or technology, or part thereof, necessary or useful in supporting the generation, transmission, transformation, or distribution or delivery of electricity, including, but not limited to, generators, electric transmission facilities and lines, distribution facilities and lines, wires, cables, fiber optic cables, poles, transformers, antennas, anchors, guys, grounding systems, communications systems, insulators, conduits, and any other related or ancillary facilities or materials used by an electric provider to generate, transmit, transform, deliver, or distribute electric energy, as such lines and facilities may exist from time to time and whether such lines or facilities are aboveground or underground. See Alabama Code 37-16-3
  • ELECTRIC EASEMENT: Any recorded or unrecorded easement or right-of-way in favor of an electric provider that permits the siting and use of an electric delivery system on, over, under, or across the land of a property owner, regardless of whether the easement or right-of-way is for the exclusive benefit of the electric provider or for use in connection with the provision of other services, and regardless of whether the electric provider provides the other services. See Alabama Code 37-16-3
  • ELECTRIC PROVIDER: A utility, as defined under paragraph a. See Alabama Code 37-16-3
  • ELIGIBLE TAXPAYER: A railroad that owns or leases railroad infrastructure in Alabama and is classified by the United States Surface Transportation Board as a Class II or Class III railroad. See Alabama Code 37-11C-2
  • ELIGIBLE TELECOMMUNICATIONS CARRIER: A telecommunications carrier which qualifies for universal service support under 47 U. See Alabama Code 37-2A-2
  • ELIGIBLE TRANSFEREE: A taxpayer who is transferred a tax credit allowed by this chapter by an eligible taxpayer. See Alabama Code 37-11C-2
  • EMERGENCY EXCAVATION OR DEMOLITION: An excavation or demolition that is required to eliminate an imminent danger to life, health, property, or the environment or required for the repair or restoration of operator service that is required to be performed before the notification and response procedures required in Section 37-15-4 and 37-15-6 may be fully utilized. See Alabama Code 37-15-2
  • employee: Any person who is a participant in either the Public Education Employees' Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees' Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time, and satisfies the definition of an employee under Section 16-25A-1(1) or Section 36-29-1(3), as amended from time to time. See Alabama Code 36-36-3
  • EMPLOYEE COOPERATIVE: A corporation which has elected to be governed by this chapter. See Alabama Code 10A-11-1.02
  • employer: The State of Alabama or any department, agency, or local governing body by which a district attorney is paid. See Alabama Code 12-17-227
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • 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.
  • 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
  • EQUIVALENT ACTUARIAL VALUE: The equivalent value when computed on the basis of the 1995 Buck Mortality Table (Male) for Members, the 1995 Buck Mortality Table (Female) for Beneficiaries, and an interest rate of seven percent per year, compounded annually. See Alabama Code 45-49A-63
  • 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.
  • excavator: Any person who engages in excavation. See Alabama Code 37-15-2
  • EXCHANGE ACCESS: The offering of access to telephone exchange services or facilities for the purpose of origination or termination of telephone toll services. See Alabama Code 37-2A-2
  • EXECUTIVE COMMITTEE: The executive committee created under Section 37-15-10. See Alabama Code 37-15-2
  • Executor: A male person named in a will to carry out the decedent
  • EXISTING BUNDLED OFFERING: A bundled offering subscribed to by the customer before September 1, 2006. See Alabama Code 37-2A-2
  • EXISTING CONTRACT OFFERING: Any contract offering executed by the customer before September 1, 2006. See Alabama Code 37-2A-2
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • faa: The Federal Aviation Administration and any successor agency. See Alabama Code 23-1-411
  • 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.
  • fcc: The Federal Communications Commission and any successor agency. See Alabama Code 23-1-411
  • FEDERAL AID PROJECT: Any road, street, parkway, right of way, bridge, railroad crossing, terminal, drainage structure, sign, guardrail, structure, interstate, surface, resurface, shoulder, roadside, or any other work eligible for federal aid funding assistance under Title 23, Chapter 1, of the United States Code and applicable regulations. See Alabama Code 23-1-301
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • FEDERAL GOVERNMENT: The United States of America or any department, division, commission, or agency and instrumentality thereof, including, without limitation, the Department of Transportation. See Alabama Code 37-13-1
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • FEDERAL SHARE: That portion of the cost of any federal aid projects which is to be repaid or reimbursed to the state by the United States of America pursuant to the written agreement provided for in Section 23-1-313. See Alabama Code 23-1-301
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • FINAL AVERAGE SALARY: For a member who first became a uniformed officer prior to March 28, 1990, the average of the member's salary for his or her final 36 months of service and, for a member who first became a uniformed officer on or after March 28, 1990, the average of the member's salary for his or her final 60 months of service. See Alabama Code 45-49A-63
  • FISCAL YEAR: The 12-month period provided for in subsection (c) of Section 11-32-7. See Alabama Code 11-32-2
  • FISCAL YEAR: The fiscal year of the state as may from time to time be provided by law. See Alabama Code 36-36-3
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • FISCAL YEAR: The fiscal year of the state as may from time to time be provided by law. See Alabama Code 11-29-3
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Alabama Transportation Safety Fund. See Alabama Code 23-1-430
  • fund: The Judicial Retirement Fund provided for in Chapter 18 of this title. See Alabama Code 12-17-227
  • fund: The assets of the plan held in trust by the board pursuant to Section 45-49A-63. See Alabama Code 45-49A-63
  • fund: The "County Government Capital Improvement Fund. See Alabama Code 11-29-3
  • 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
  • gasohol: A blended motor fuel composed of gasoline and motor fuel grade alcohol. See Alabama Code 8-17-80
  • gasoline: Any product commonly or commercially known as gasoline, regardless of classification, that is advertised, offered for sale, or sold for use as or used as motor fuel in an internal combustion engine, including gasohol and blended fuel which contains gasoline. See Alabama Code 8-17-80
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Alabama Code 7-7-102
  • Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Alabama Code 7-7-102
  • GOVERNING BODY: With respect to a county, its county commissioners, board of revenue, or other like governing body and with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 11-32-2
  • GOVERNING BODY: Whenever used in relation to any municipality, the body or board, by whatsoever name known, having charge of the governing of a municipality and shall be held to include the mayor or other chief executive officers of such municipality in any case wherein the concurrence or approval of such officer is required by the law governing such municipality for the adoption of any municipal ordinance or resolution or other municipal act provided for in this chapter. See Alabama Code 37-5-1
  • 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.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • HIGHLY COMPENSATED EMPLOYEE: An individual described in Section 414(q) of the code. See Alabama Code 45-49A-63
  • highway: Every public highway, or place of whatever nature, open to the use of the public for purposes of vehicle travel in this state, including the public highways, roads, streets, and alleys in towns and cities. See Alabama Code 37-3-2
  • HIGHWAY GASOLINE TAX: The excise tax levied under subdivision (1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax levied on aviation fuel and marine gasoline. See Alabama Code 23-1-301
  • Home state: means :

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

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

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

  • Home state regulator: means , with respect to an out-of-state state bank, the bank supervisory agency of the state in which such bank is chartered. See Alabama Code 5-13B-21
  • Host state: means a state, other than the home state of a bank, in which the bank maintains, or seeks to establish and maintain, a branch. See Alabama Code 5-13B-21
  • HOUSEHOLD GOODS CARRIER: A common carrier by motor vehicle which transports personal effects and property used or to be used in a dwelling as part of the equipment or supply of the dwelling. See Alabama Code 37-3-2
  • 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.
  • IMPLIED EASEMENT: Any unwritten easement or right-of-way on private property required to provide utility or other services by means of underground facilities on property of the owner requesting such service. See Alabama Code 37-15-2
  • import: To bring petroleum products into this state for sale, use, or storage by any means of conveyance other than in the fuel supply tank of a motor vehicle. See Alabama Code 8-17-80
  • importer: A person who imports petroleum products into this state. See Alabama Code 8-17-80
  • incorporators: The persons forming a public corporation organized pursuant to this chapter. See Alabama Code 11-32-2
  • INCUMBENT LOCAL EXCHANGE CARRIER: With respect to an area, the local exchange carrier that, on the date of enactment of the Federal Telecommunications Act of 1996, provided telephone exchange service in the area and was deemed to be a member of the Exchange Carrier Association pursuant to Section 69. See Alabama Code 37-2A-2
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • indenture: A mortgage, an indenture of mortgage, deed of trust, trust agreement, or trust indenture executed by an authority as security for bonds. See Alabama Code 37-13-1
  • 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.
  • INFORMATION SERVICE: The offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. See Alabama Code 37-2A-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INSPECTION FEE PERMIT HOLDER: A person to whom the Department of Revenue has issued an inspection fee permit. See Alabama Code 8-17-80
  • INTER-EXCHANGE CARRIER: Any company certified by the commission to provide intrastate inter-exchange telecommunications service in this state. See Alabama Code 37-2A-2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • INTERESTED PARTY: Any person applying for a permit or the owner of the airport hazard which is adversely affected by a determination or order of the department. See Alabama Code 23-1-411
  • INTERNAL CAPITAL ACCOUNT COOPERATIVE: An employee cooperative governed in accordance with Section 10A-11-1. See Alabama Code 10A-11-1.02
  • INTERNAL CAPITAL ACCOUNTS: A system of accounts on the books of an employee cooperative that reflects the book value of the corporation. See Alabama Code 10A-11-1.02
  • Interstate merger transaction: means :

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

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

  • Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Alabama Code 7-7-102
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • Juror: A person who is on the jury.
  • kerosene: All grades of kerosene, including, but not limited to, the two grades of kerosene, No. See Alabama Code 8-17-80
  • LABOR UNION: An organization in which employees participate for the purpose of dealing with one or more employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. See Alabama Code 11-32-2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • leave: A period of absence from work during which the member is entitled to a leave under the Family and Medical Leave Act of 1993 and its regulations (i) in order to care for the member's child following the birth of the child, (ii) because of the placement of a child with the member for adoption or foster care, (iii) because of a serious health condition that makes the member unable to perform his or her duties as a uniformed officer, or (iv) for purposes of caring for his or her child, spouse, or parent having a serious health condition. See Alabama Code 45-49A-63
  • legislature: The Legislature of Alabama. See Alabama Code 23-1-301
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: A license issued under this chapter to a broker. See Alabama Code 37-3-2
  • license: A license issued under this chapter to a broker. See Alabama Code 37-9-2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lifeline: A program designed to increase the availability of communications services to low income subscribers by providing a credit to monthly recurring local service to qualifying residential subscribers. See Alabama Code 37-2A-2
  • Lineal descendant: Direct descendant of the same ancestors.
  • LINK-UP: A program designed to increase the availability of communications services to low income subscribers by providing a credit to the non-recurring installation and service charges to qualifying residential subscribers. See Alabama Code 37-2A-2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOCAL EXCHANGE CARRIER: Any provider of telecommunications service that is engaged in the provision of telephone exchange service or exchange access. See Alabama Code 37-2A-2
  • LUBRICATING OIL: Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum. See Alabama Code 8-17-80
  • MECHANIZED EQUIPMENT: Equipment powered or energized by any motor, engine, hydraulic, or pneumatic device and is used for excavation or demolition work including, but not limited to, tractors, trenchers, bulldozers, power shovels, augers, backhoes, scrapers, pile drivers, drills, cable and pipe plows, or other equipment used for plowing-in or pulling-in cable or pipe. See Alabama Code 37-15-2
  • MEDICAL BOARD: The board of physicians provided for in Section 36-27-23. See Alabama Code 12-17-227
  • member: Any district attorney included in membership of the plan. See Alabama Code 12-17-227
  • member: A person who participates in the "One-Call Notification System" to receive services and is in good standing with the "One-Call Notification System" in accordance with the guidelines set forth in the corporation's bylaws. See Alabama Code 37-15-2
  • member: A natural person who has been accepted for membership in and owns a membership share issued by an employee cooperative. See Alabama Code 10A-11-1.02
  • member: Any person included in the membership of the plan, as provided in Subpart 2. See Alabama Code 45-49A-63
  • MEMBERSHIP FEE: The consideration paid for a membership share. See Alabama Code 10A-11-1.02
  • MEMBERSHIP SERVICE: Service as a district attorney on account of which contributions are made. See Alabama Code 12-17-227
  • MEMBERSHIP SHARE: A single share of voting stock issued to each member of a worker cooperative as evidence of membership. See Alabama Code 10A-11-1.02
  • 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

  • METROPOLITAN PLANNING ORGANIZATION: The forum for cooperative transportation decision making for a metropolitan planning area pursuant to 23 U. See Alabama Code 11-32-2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • MOTOR CARRIER: Both a common carrier by motor vehicle and a contract carrier by motor vehicle. See Alabama Code 37-3-2
  • motor carriers: includes brokers. See Alabama Code 37-3-24
  • MOTOR VEHICLE: Any vehicle, machine, tractor, trailer, or semitrailer, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, but not including any vehicle, locomotive, or car operated exclusively on a rail or rails. See Alabama Code 37-3-2
  • municipality: An incorporated city or town of this state. See Alabama Code 11-32-2
  • municipality: Any city or town. See Alabama Code 37-5-1
  • 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
  • NEAR MISS: An event where damage did not occur, but a clear potential for damage was identified. See Alabama Code 37-15-2
  • NET GALLONS: The amount of dyed diesel fuel and dyed kerosene measured in gallons when adjusted to a temperature of 60 degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds pressure per square inch. See Alabama Code 8-17-80
  • NET GASOLINE TAX PROCEEDS: The entire proceeds from the highway gasoline tax less the cost of collection and less any refunds of the proceeds pursuant to the provisions of Article 12 of Chapter 17 of Title 40. See Alabama Code 23-1-301
  • NEW BUNDLED OFFERING: A bundled offering subscribed to by the customer on or after September 1, 2006. See Alabama Code 37-2A-2
  • NEW CONTRACT OFFERING: Any contract offering executed by the customer on or after September 1, 2006. See Alabama Code 37-2A-2
  • NONINVASIVE METHOD OF EXCAVATION: A method of excavation that does not compromise the integrity of the underground facility. See Alabama Code 37-15-2
  • NONUTILITY SUPPORT SERVICES: Broadband services and related services that support services, uses, or purposes other than utility support services. See Alabama Code 37-16-3
  • note: The authority's promise to pay solely from the funds provided by this article which has a specified maturity date not later than three years after its date, which recites on its face that it is issued in anticipation of the sale by the authority of bonds and which is payable to the order of a named payee. See Alabama Code 23-1-301
  • NOTIFICATION AREA: An area or territory which an operator designates as the area where the operator wishes to receive notifications for any excavation in that area. See Alabama Code 37-15-2
  • OBJECT OF NATURAL GROWTH: Any tree and other plants. See Alabama Code 23-1-411
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • obligations: Any bonds, temporary bonds or notes authorized by this article to be issued by the authority. See Alabama Code 23-1-301
  • OLD AGE PENSIONS: Money payments with respect to a needy person who has attained the age of 65 years and who has complied with the requirements of this title. See Alabama Code 38-1-1
  • ONE-CALL NOTIFICATION SYSTEM: A non-profit corporation, a public corporation, or a governmental entity which will provide a statewide notification service, for the purpose of receiving statewide telephonic toll-free or electronic notification of any planned excavation or demolition activities by excavators or other persons as set forth in Section 37-15-4 and distributing the required excavation or demolition information to its affected member operators as set forth in Section 37-15-5. See Alabama Code 37-15-2
  • operator: Any person, governmental agency, or political subdivision, or its agents, who owns or operates a public or private underground facility which furnishes services, information, or materials, or transports or transmits electric energy, light, water, steam, oil, gases, gas, mixture of gases, petroleum, petroleum products, hazardous or flammable liquids, toxic or corrosive fluids and gases, or items of like nature, and telecommunications, cable television, water, drainage, sewage, or other systems of like nature. See Alabama Code 37-15-2
  • OPTIONAL TELEPHONE FEATURES: Those central office-based features that were tariffed by a local exchange carrier on or before February 1, 2005, that, where available:

    a. See Alabama Code 37-2A-2

  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Out-of-state bank: means a bank whose home state is a state other than Alabama. See Alabama Code 5-13B-21
  • Out-of-state state bank: means a bank chartered under the laws of any state other than Alabama. See Alabama Code 5-13B-21
  • overcharges: Charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the commission. See Alabama Code 37-9-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • paratransit: Comparable transportation service required by the Americans with Disabilities Act for individuals who are unable to use fixed route transportation systems. See Alabama Code 11-32-2
  • PARTICIPATING MUNICIPALITY: A municipality in an authorizing county, other than the principal municipality, which is then providing funds for the authority, pursuant to resolution, contract, or otherwise. See Alabama Code 11-32-2
  • 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.
  • patronage: The amount of work performed as a member of an employee cooperative, measured in accordance with the governing documents. See Alabama Code 10A-11-1.02
  • pension: Payments for life derived from money provided by the employer. See Alabama Code 12-17-227
  • PERMISSIVE SUPPLIER: An out-of-state supplier that elects, but is not required, to have a supplier's license as required in Section 40-17-332. See Alabama Code 8-17-80
  • permit: Written approval issued by the department for the construction, erection, alteration, modification, or replacement of any structure or object of natural growth which qualifies as an airport hazard. See Alabama Code 23-1-411
  • permit: A permit issued under this chapter to contract carriers by motor vehicle. See Alabama Code 37-3-2
  • permit: A permit issued under this chapter to a contract carrier by aircraft. See Alabama Code 37-9-2
  • PERMITTED INVESTMENTS: All assets and properties in which the Retirement Systems of Alabama may invest as permitted by law from time to time. See Alabama Code 36-36-3
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, municipality, county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 11-32-2
  • person: Any individual, partnership, corporation, company, or other entity, governmental body, administrative agency, personal representative, trustee, or receiver. See Alabama Code 23-1-411
  • person: Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit. See Alabama Code 8-17-80
  • person: Any individual, firm, copartnership, corporation, company, association or joint stock association, including any trustee, receiver, assignee, or personal representative thereof. See Alabama Code 37-3-2
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • person: Any individual, firm, copartnership, corporation, company, association, joint stock association or a body politic and includes any trustee, receiver, assignee or other similar representative thereof. See Alabama Code 37-9-2
  • person: An individual, corporation, partnership or foreign or domestic association. See Alabama Code 37-10-2
  • person: An individual, a corporation, a partnership, or a foreign domestic association. See Alabama Code 37-13-1
  • person: Any individual, firm, partnership, corporation, association, or any combination thereof. See Alabama Code 45-19-244
  • person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
  • person: An individual, joint venture, partnership, association, authority, cooperative, firm, corporation, governmental entity, or any subdivision or instrumentality of that entity and its employees, agents, or legal representatives. See Alabama Code 37-15-2
  • person: An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, or limited liability company having a separate legal existence under state law. See Alabama Code 37-16-3
  • PERSON FIRST SELLING: Any person, as herein defined, who first sells dyed diesel fuel, dyed kerosene, and/or lubricating oil in Alabama on which an inspection fee is imposed by this article. See Alabama Code 8-17-80
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • PETROLEUM PRODUCTS: Gasoline, diesel fuel, and lubricating oil. See Alabama Code 8-17-80
  • plan: The District Attorneys' Plan provided for in Section 12-17-227. See Alabama Code 12-17-227
  • plan: The City of Mobile, Alabama, Police and Firefighters Retirement Plan, as provided for in this part. See Alabama Code 45-49A-63
  • PLAN OF CONVERSION: That written document containing all the information and meeting the requirements as set forth in Section 5-7A-62(1). See Alabama Code 5-7A-61
  • PLAN YEAR: The 12-month period beginning on any October 1. See Alabama Code 45-49A-63
  • 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: The state and any county, municipality, city, town, or subdivision thereof, or any state authority, commission, district, or agency authorized to establish or operate airports in the State of Alabama. See Alabama Code 23-1-411
  • POSITIVE RESPONSE: The communication among member operators, persons excavating, and the "One-Call Notification System" concerning the status of locating an underground facility. See Alabama Code 37-15-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • preceding: means next before. See Alabama Code 1-1-1
  • premark: To delineate the general scope of the excavation on the surface of the ground using white paint, white stakes, or other similar white markings. See Alabama Code 37-15-2
  • 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.
  • 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 MUNICIPALITY: The municipality in an authorizing county having the largest population in the authorizing county according to the last or any subsequent federal decennial census. See Alabama Code 11-32-2
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments to the certificate of incorporation, the bylaws, and the minutes of proceedings of the board are kept. See Alabama Code 11-32-2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • producer: Any person engaging in the business of severing sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the soil within Coosa County. See Alabama Code 45-19-244
  • project: An undertaking to construct a particular portion of a highway. See Alabama Code 23-1-331
  • property: Real and personal property, and any and all interests in the real and personal property. See Alabama Code 11-32-2
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 TRANSPORTATION SERVICE: All service involved in the transportation of passengers for hire by means of buses, street railway, elevated railway, subway, underground railroad, light rail, mass transit systems, motor vehicles, or other means of conveyance generally associated with or developed for mass surface or sub-surface transportation of the public, but does not include any service involved in transportation by taxicab, airport limousine, or industrial bus; however, public transportation service does not include aircraft or any air service subject to the Air Carrier Access Act of 1986 or managed by an airport authority of the principal municipality. See Alabama Code 11-32-2
  • purchaser: Any person acquiring title, outright or conditionally, to any interest in sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof. See Alabama Code 45-19-244
  • QUALIFIED RAILROAD REHABILITATION EXPENDITURES: Expenditures within the taxable year for maintenance, deductible maintenance of way expenses, reconstruction, or replacement of railroad infrastructure within the state that is owned or leased by an eligible taxpayer. See Alabama Code 37-11C-2
  • Quorum: The number of legislators that must be present to do business.
  • RAIL PROPERTIES: Assets or rights, both real and personal, owned, leased or otherwise controlled by a railroad which are used or useful in providing rail transportation service. See Alabama Code 37-10-2
  • RAIL SERVICE: Both freight and passenger service. See Alabama Code 37-10-2
  • RAIL TRANSPORTATION SERVICE: Both freight and passenger rail service. See Alabama Code 37-13-1
  • railroad: A common carrier by railroad as defined in Section 1(3) of Part I of the Interstate Commerce Act, codified as 49 U. See Alabama Code 37-13-1
  • RAILROAD INFRASTRUCTURE: Includes, but is not limited to, the track, roadbed, bridges, signaling systems and train control, industrial leads, and track-related structures owned or leased by an eligible taxpayer. See Alabama Code 37-11C-2
  • RAILROAD PROPERTIES AND FACILITIES: Any real or personal property or interest in such property which is owned, leased, or otherwise controlled by a railroad or other person, including, without limitation, an authority, and which is used or is useful in rail transportation service, including, without limiting the generality of the foregoing:

    a. See Alabama Code 37-13-1

  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust or association in which property is acquired, held, managed, administered, controlled, invested, or disposed of for the benefit and profit of any person who may become a shareholder or an entity that otherwise complies with the provisions of 26 U. See Alabama Code 10A-10-1.02
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • REGIONAL PLANNING COMMISSION: The regional organization representing governing bodies of local governments under Act 584 of the 1963 Regular Session (Acts 1963, p. See Alabama Code 11-32-2
  • REGULAR INTEREST: Interest compounded annually at the rate determined by the Board of Control. See Alabama Code 12-17-227
  • REHABILITATION PLAN: Detailed construction plans and specifications for the proposed rehabilitation of railroad infrastructure under this chapter. See Alabama Code 37-11C-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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • RESULTING BANK: The state chartered bank that results from conversion of a savings institution to a state chartered bank pursuant to this article. See Alabama Code 5-7A-61
  • Resulting bank: means a bank that has resulted from an interstate merger transaction under this article. See Alabama Code 5-13B-21
  • retailer: A person other than a wholesale distributor that engages in the business of selling or distributing taxable motor fuel to the end user within this state. See Alabama Code 8-17-80
  • RETIRED EMPLOYEE: A former employee who is a participant in either the Public Education Employees' Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees' Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time, and satisfies the definition of retiree under Section 36-29-1(11), as amended from time to time, or retired employee under Section 16-25A-1(2), as amended from time to time. See Alabama Code 36-36-3
  • retirement: Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this division. See Alabama Code 12-17-227
  • RETIREMENT ALLOWANCE: The sum of the annuity and the pension. See Alabama Code 12-17-227
  • RETIREMENT SYSTEM: The Employees' Retirement System of Alabama as defined in Section 36-27-2. See Alabama Code 12-17-227
  • REVENUE COMMISSIONER: The Commissioner of the Alabama Department of Revenue. See Alabama Code 8-17-80
  • rights-of-way: as used in this title does not authorize the commission to prescribe the location or the routing of any pipeline facility;

    (5) COMMISSION. See Alabama Code 37-4-90

  • ROUTINE ROADWAY MAINTENANCE: Maintenance work on a roadway that is not done pursuant to a contract awarded by a state or local government through a bid process for which plan drawings have been developed in advance or work for which detailed and specific scheduling is not possible or feasible. See Alabama Code 37-15-2
  • SAVINGS INSTITUTION: A savings and loan association or savings bank organized under the laws of this state or organized under the laws of the United States and having its principal place of business in this state, whether a "capital stock saving institution" which is authorized to issue capital stock, or a "mutual savings institution" shares of which are owned by its members. See Alabama Code 5-7A-61
  • service: Service recognized in accordance with Subpart 3 for purposes of determining a member's eligibility for a benefit under the plan and the amount of that benefit. See Alabama Code 45-49A-63
  • Service 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.
  • severing: Mining, stripping, or otherwise taking or removing sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the soil within Coosa County. See Alabama Code 45-19-244
  • 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
  • SPECIAL FUEL: Any gas or liquid, other than gasoline, used or suitable for use as motor fuel in an internal combustion engine or motor to propel any form of vehicle, machine, or mechanical contrivance, and includes products commonly known as natural or casing-head gasoline, biodiesel fuel, and transmix. See Alabama Code 8-17-80
  • state: The State of Alabama. See Alabama Code 23-1-301
  • state: The State of Alabama. See Alabama Code 11-32-2
  • state: The State of Alabama. See Alabama Code 36-36-3
  • state: The State of Alabama. See Alabama Code 8-17-80
  • state: Any of the several states or the District of Columbia. See Alabama Code 37-9-2
  • State: means any state, territory, or other possession of the United States, including the District of Columbia. See Alabama Code 5-13B-21
  • state: The State of Alabama. See Alabama Code 37-13-1
  • state: The State of Alabama. See Alabama Code 11-29-3
  • STATE CHARTERED BANK: A bank the same as if such bank were incorporated, chartered and permitted to do business, all as provided in Section 5-5A-1 et seq. See Alabama Code 5-7A-61
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • structure: Any man-made object constructed, erected, or installed on land or water, including, but not limited to, buildings, towers, smokestacks, utility poles, equipment, and overhead utility transmission and distribution lines. See Alabama Code 23-1-411
  • Subpoena: A command to a witness to appear and give testimony.
  • subsidiary: An entity or organization at least 50 percent of:

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

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

  • superintendent: The Superintendent of Banks for the State of Alabama. See Alabama Code 5-7A-61
  • Superintendent: means the Superintendent of Banks then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 5-13B-21
  • SUPERNUMERARY DISTRICT ATTORNEY: A supernumerary district attorney who has elected to come under the provisions and requirements of Division 2 of this article. See Alabama Code 12-17-227
  • Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
  • supplier: A person who is subject to the general taxing jurisdiction of this state and registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal distribution system and who owns motor fuel in the bulk transfer/terminal system, or a person who receives motor fuel in this state pursuant to a two-party exchange. See Alabama Code 8-17-80
  • tcab: The transit citizens advisory board established herein. See Alabama Code 11-32-2
  • telecommunications: As defined in the Telecommunications Act of 1996, 47 U. See Alabama Code 37-2A-2
  • TELECOMMUNICATIONS CARRIER: Any provider of telecommunications services. See Alabama Code 37-2A-2
  • TELECOMMUNICATIONS SERVICE: The offering of telecommunications for a fee directly to the public, or to any classes of users as to be effectively available directly to the public, regardless of the facilities used. See Alabama Code 37-2A-2
  • TELEPHONE EXCHANGE SERVICE: Either of the following:

    a. See Alabama Code 37-2A-2

  • TEMPORARY BOND: Any bond issued under this article which has a specified maturity date not later than three years after its date and which recites on its face that it is issued in anticipation of the sale by the authority of bonds. See Alabama Code 23-1-301
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • TOLERANCE ZONE: The width of the underground facility plus 18 inches on either side of the outside edge of the underground facility on a horizontal plane. See Alabama Code 37-15-2
  • ton: A short ton of 2,000 pounds. See Alabama Code 45-19-244
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • TRANSIT SYSTEM: Land, plants, systems, facilities, buildings, garages, vehicles of all types, rails, lines, and any combination of any of the following, used or useful or capable of future use in furnishing public transportation service, and all other property deemed necessary or desirable by an authority for use in furnishing public transportation service. See Alabama Code 11-32-2
  • TRANSPORTATION DIRECTOR: The chief executive officer of the Department of Transportation authorized by Section 23-1-21. See Alabama Code 23-1-331
  • transporter: Any person transporting sand, clay, silt, loam, dirt, gravel, rock, sand-gravel, clay-gravel, sand-clay, graphite, or any combination thereof from the place where it is severed or from any other place to any other place, within or without Coosa County. See Alabama Code 45-19-244
  • TRUST INCOME: The net income received by the state, subsequent to the transfer of the initial trust capital by the State Treasurer to the board of trustees of the trust fund, from the investment and reinvestment of all assets of the trust fund, determined in accordance with the provisions of Amendment Number 450 of the Constitution of Alabama of 1901. See Alabama Code 11-29-3
  • trustee: A trustee of the relevant trust. See Alabama Code 36-36-3
  • Trustee: A person or institution holding and administering property in trust.
  • trusts: The separate trusts to be created by the state, on the one hand, as the grantor, and members of the State Employees' Insurance Board or the Public Education Employees' Health Insurance Board, on the other hand, as trustees of the respective trusts, pursuant to this chapter. See Alabama Code 36-36-3
  • UNDERGROUND FACILITY: Any cable, pipeline, duct, wire, conduit, or other similar installation, installed underground or underwater, by which an operator transports or delivers materials, information, or services. See Alabama Code 37-15-2
  • UNDYED DIESEL FUEL: Diesel fuel that has not been dyed in accordance with the Internal Revenue Service fuel dyeing provisions. See Alabama Code 8-17-80
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • UNIFORMED OFFICER: A person employed by the city's police department or fire department as a police officer or firefighter, as the case may be, who (i) is certified as a police officer or firefighter by the State of Alabama, (ii) is in training to be certified by the State of Alabama as a police officer or firefighter, (iii) is employed by the city's police department or fire department other than as a certified police officer or firefighter and who was a participant in the plan immediately preceding October 1, 1997, or (iv) is in the police or fire cadet program. See Alabama Code 45-49A-63
  • UNOBLIGATED FUNDS: That portion of an appropriation which has not been encumbered by a project budget or a project budget overrun. See Alabama Code 23-1-331
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • UTILITY SUPPORT SERVICES: Broadband services and related services, uses, or purposes that support the operational performance and service reliability of the electric delivery system of an electric provider, including, but not limited to, all of the following:

    a. See Alabama Code 37-16-3

  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • 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.
  • Warehouse: means a person engaged in the business of storing goods for hire. See Alabama Code 7-7-102
  • WILLFUL NONCOMPLIANCE: The intentional refusal or failure to perform, or comply with, a duty created or imposed by this chapter or by the rules adopted pursuant to this chapter. See Alabama Code 37-15-2
  • WORKING DAY: A 24-hour period commencing the beginning of the start of the next working day from the time of receipt of the notification, excluding Saturday, Sunday, and the following nine holidays: New Year's Day, Memorial Day (observed), Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve, and Christmas Day. See Alabama Code 37-15-2
  • WORKING DAY HOURS: The time from 7:00 a. See Alabama Code 37-15-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • WRITTEN NOTICE OF ALLOCATION: A written statement which discloses to a member the stated dollar amount of the member's patronage allocation and the terms for payment of that amount by the employee cooperative. See Alabama Code 10A-11-1.02