Article 1 General and Miscellaneous Provisions 45-39-10
Article 2 Alcoholic Beverages 45-39-20
Article 3 Boards and Commissions 45-39-30 – 45-39-30.05
Article 4 Business, Labor, and Occupations 45-39-40 – 45-39-40.28
Article 5 Contables 45-39-50
Article 6 Coroner 45-39-60 – 45-39-60.01
Article 7 County Commissions 45-39-70 – 45-39-72
Article 8 Courts 45-39-80 – 45-39-85.41
Article 9 Economc and Industrial Development and Tourism 45-39-90 – 45-39-92.54
Article 10 Education 45-39-100
Article 11 Elections 45-39-110 – 45-39-111
Article 12 Employees 45-39-120
Article 14 Fire Protection and Emergency Medical Services 45-39-140 – 45-39-140.08
Article 16 Government Operations 45-39-160
Article 17 Health and Environment 45-39-170 – 45-39-170.01
Article 19 Legislature 45-39-190
Article 20 Licenses and Licensing 45-39-200 – 45-39-201.02
Article 21 Motor Vehicles and Transportation 45-39-210
Article 22 Parks, Historic Preservation, Museums, and Recreation 45-39-220 – 45-39-221.12
Article 23 Sheriff 45-39-230 – 45-39-234
Article 24 Taxation 45-39-240 – 45-39-246
Article 25 Utilities 45-39-250 – 45-39-251

Terms Used In Alabama Code > Title 45 > Chapter 39

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • AFFILIATED INTERESTS: Such term shall mean and include the following:

    a. See Alabama Code 37-4-1

  • aid: Such term, standing alone, shall mean the same as ADC or aid to dependent children or AFDC or aid to families with dependent children. See Alabama Code 38-10-2
  • 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
  • ALARM MONITORING SERVICE: A service that uses a device located at a residence, place of business, or other fixed premises for both of the following purposes:

    a. See Alabama Code 45-39-250

  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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.
  • articles of incorporation: as used in this chapter , shall be deemed to include the articles of conversion of a converted corporation. See Alabama Code 37-6-16
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • AUTHORIZING RESOLUTION: The resolution adopted by the governing body of the City of Florence or the county, in accordance with this part, that authorizes the organization of the tourism board. See Alabama Code 45-39-221
  • 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.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: 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
  • Bequest: Property gifted by will.
  • board: The board of directors of the tourism board. See Alabama Code 45-39-221
  • CABLE SERVICE: A service that provides both of the following:

    a. See Alabama Code 45-39-250

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

    a. See Alabama Code 45-39-250

  • Capital offense: A crime punishable by death.
  • caregiver: An individual 21 years of age or older, other than a child's parent, legal guardian, or legal custodian who is an approved foster parent, who is a relative of the child, and who has been providing care and support for the child while the child has been residing in the caregiver's home for at least the last six consecutive months while in the legal custody of the Department of Human Resources, a designated official for a child-placing agency, or a successor guardian. See Alabama Code 38-12-32
  • chairman: The judge of probate acting as chairman of the county commission. See Alabama Code 9-9-70
  • child: An individual under 18 years of age who is in foster care with the caregiver and over whom a court has exercised continuing jurisdiction. See Alabama Code 38-12-32
  • child: A child as described or defined by the Social Security Act and amendments thereto and by state law. See Alabama Code 38-10-2
  • child: A minor or disabled child. See Alabama Code 38-10-30
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • code: This code and all amendments thereto and, with respect to any particular title, chapter, article, division, section, or other portion thereof, any act of the Legislature or other code preceding such portion of this code or subsequently replacing the same. See Alabama Code 45-39-221
  • coercion: Any of the following:

    a. See Alabama Code 13A-6-151

  • COLLECTION AGENT: The prosecuting attorney, court clerk, court register, the Department of Human Resources, mobile accounts department or any other entity collecting Title IV-D support for the department. See Alabama Code 38-10-2
  • commission: The county commission with the judge of probate as chairman. See Alabama Code 9-9-70
  • 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 37-4-1
  • commission: The Alabama Public Service Commission. See Alabama Code 37-4-80
  • commission: The Public Service Commission of Alabama. See Alabama Code 37-4-101
  • commissioner: The Commissioner of the State Department of Human Resources. See Alabama Code 38-1-1
  • commissioner: A member of the commission. See Alabama Code 37-4-1
  • COMMON STOCK: Such term shall mean and include any and all stock, shares, or interest in any such utility of such nature that the ownership or control of a majority of the stock, shares, or interest, in number and amount, or in number or amount thereof, vests the control and management of such utility in the holders or owners thereof. See Alabama Code 37-4-1
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • 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
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Lauderdale County, Alabama. See Alabama Code 45-39-221
  • COUNTY LODGING TAX: That certain tax levied pursuant to Part 5, commencing with Section 45-39-244, of Article 24 of this chapter. See Alabama Code 45-39-221
  • court: The juvenile court. See Alabama Code 38-12-32
  • court: Unless some other court is specifically designated, such term shall be construed to mean court of probate. See Alabama Code 9-9-2
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • custody: A legal status created by court order. See Alabama Code 38-10-30
  • CUSTOMER PREMISES EQUIPMENT: Equipment employed on the premises of a person, other than a telecommunications service provider, to originate, route, or terminate telecommunications. See Alabama Code 45-39-250
  • Decedent: A deceased person.
  • deception: Any of the following:

    a. See Alabama Code 13A-6-151

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: The Department of Human Resources. See Alabama Code 38-12-32
  • department: State Department of Human Resources. See Alabama Code 38-12-1
  • department: The Department of Human Resources of the State of Alabama, including the state and county departments of human resources. See Alabama Code 38-10-2
  • department: The Department of Human Resources of the State of Alabama, including the state and county departments of human resources. See Alabama Code 38-10-30
  • Dependent: A person dependent for support upon another.
  • 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.
  • Devise: To gift property by will.
  • director: A member of the board. See Alabama Code 45-39-221
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 10A-1-1.03
  • DISTRIBUTION LINE: An electric conductor which is operated at 35,000 volts or less, up to but not including the service drop. See Alabama Code 37-14-2
  • DISTRIBUTION LINE: An electric conductor which is operated at 35,000 volts or less, up to but not including the service drop. See Alabama Code 37-14-31
  • district: Water management district. See Alabama Code 9-9-2
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • DOMESTIC ENTITY: An organization formed and existing pursuant to this title. See Alabama Code 10A-1-1.03
  • DOMESTIC VIOLENCE PROTECTION ORDER: A domestic violence protection order is any protection from abuse order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive. See Alabama Code 13A-6-141
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • ELECTRIC SUPPLIER: Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, firm, association or other entity engaged in the business of supplying electric service at retail; provided, however, that a university, college or United States military base which distributes electricity shall not be deemed an electric supplier for the purpose of this article. See Alabama Code 37-14-2
  • ELECTRIC SUPPLIER: Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, firm, association or other entity engaged in the business of supplying electric service at retail; provided, however, that no person or entity, including the Tennessee Valley Authority, who may not be lawfully regulated by the state by virtue of powers granted by the laws of the United States which prevail over Alabama statutes, nor any university, college or United States agency which distributes electricity at retail shall be deemed an electric supplier for the purpose of this article. See Alabama Code 37-14-31
  • engineer: The agricultural engineer of the Alabama Extension Service. See Alabama Code 9-9-70
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • entity: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • Executor: A male person named in a will to carry out the decedent
  • EXISTING DISTRIBUTION LINE: A distribution line in existence on January 1, 1984. See Alabama Code 37-14-2
  • EXISTING DISTRIBUTION LINE: A distribution line in existence on January 1, 1984. See Alabama Code 37-14-31
  • EXISTING MUNICIPAL LIMITS: The corporate boundaries of any municipality as such boundaries existed on April 26, 1984. See Alabama Code 37-14-2
  • EXISTING MUNICIPAL LIMITS: The corporate boundaries of any municipality as such boundaries existed on April 26, 1984. See Alabama Code 37-14-31
  • expenses: as used in this article shall include all expenses incident to or necessary to organize, defend, promote, improve, operate, maintain or dissolve a subdistrict. See Alabama Code 9-9-79
  • facility: Such term shall include all real property, stations, antennae, radios, receivers, transmitters, instruments, appliances, fixtures and other personal property used by a radio utility in providing service to its subscribers. See Alabama Code 37-4-101
  • 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 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 SAFETY STANDARDS: The minimum standards of safety adopted by the United States Department of Transportation pursuant to the Natural Gas Pipeline Safety Act of 1968 (P. See Alabama Code 37-4-80
  • Fiduciary: A trustee, executor, or administrator.
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, limited liability limited partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 10A-1-1.03
  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • florence: The City of Florence, Alabama. See Alabama Code 45-39-221
  • 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
  • FOREIGN LIMITED LIABILITY PARTNERSHIP: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • FOREIGN LIMITED PARTNERSHIP: A foreign limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • FOSTER CARE: Services for children outside of their own homes provided on a 24-hour basis in a licensed or approved facility. See Alabama Code 38-10-30
  • foster care trust fund: means a separate fund established for the purpose of donation of tax deductible funds by individuals, charitable organizations, institutions, and businesses wishing to assist all children in the temporary or permanent custody of the department of human resources who are in foster care. See Alabama Code 38-10-50
  • FOSTER PARENT: Any person with whom a child in the care, custody, or guardianship of the department, is placed for temporary or long-term care, but shall not include any person with whom a child is placed for the purpose of adoption. See Alabama Code 38-12-1
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • gas: Natural gas, flammable gas or gas which is toxic or corrosive. See Alabama Code 37-4-80
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity pursuant to this title and the governing documents of the entity, except that if the governing documents of the entity or this title divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, governing authority means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this title. See Alabama Code 10A-1-1.03
  • GOVERNING BODY: With respect to the county, its county commission, and, with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 45-39-221
  • GOVERNING PERSON: A person serving as part of the governing authority of an entity. See Alabama Code 10A-1-1.03
  • 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
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • HOLDING COMPANY: Such term shall mean and include firms, partnerships, companies, corporations, individuals, and associations made up in whole or in part of individuals, firms, partners, companies, trusts at common law, corporations, or any other legal entities, their lessees, trustees, or receivers appointed by any court whatsoever, in the singular number as well as in the plural, who own or control as much as 10 percent in number or amount of the outstanding shares of common stock of any utility engaged in any intrastate business in this state. See Alabama Code 37-4-1
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • INDUSTRIAL CUSTOMER: A customer utilizing electric service at a premises at which the predominate activity is classified as mining, manufacturing, transportation, communication, electric, gas and sanitary services, or miscellaneous repair services in the Standard Industrial Classification Manual, Part I, Divisions B, D and E and Major Group 76 of Division I as published in 1972 by the Statistical Policy Division of the United States Office of Management and Budget. See Alabama Code 37-14-2
  • INDUSTRIAL CUSTOMER: A customer utilizing electric service at a premises at which the predominate activity is classified as mining, manufacturing, transportation, communication, electric, gas and sanitary services, or miscellaneous repair services in the Standard Industrial Classification Manual, Part I, Divisions B, D and E and Major Group 76 of Division I as published in 1972 by the statistical policy division of the United States Office of Management and Budget. See Alabama Code 37-14-31
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • INTERACTIVE COMPUTER SERVICE: Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and the systems operated or services offered by libraries or educational institutions. See Alabama Code 45-39-250
  • 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
  • internet: The international computer network of both federal and non-federal interoperable packet switched data networks. See Alabama Code 45-39-250
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • KINSHIP GUARDIAN: A caregiver who is willing to assume care of a child because of parental incapacity of a parent, legal guardian, legal custodian, or other dependency reason, with the intent to raise the child to adulthood, and who is appointed the kinship guardian of the child by a juvenile court. See Alabama Code 38-12-32
  • LABOR SERVITUDE: Work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. See Alabama Code 13A-6-151
  • landowner: Any property owner who owns partial or full interest in lands in the benefited area or any property owner who owns partial or full interest in over 10 acres of land outside the benefited area within the district. See Alabama Code 9-9-2
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Legatee: A beneficiary of a decedent
  • legislature: The Legislature of the state. See Alabama Code 45-39-221
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 10A-1-1.03
  • MENTAL SUFFERING: A high degree of mental pain or emotional disturbances, such as distress, anxiety, public humiliation, or psychosomatic physical symptoms. See Alabama Code 13A-6-151
  • minor: A person under the age of 19. See Alabama Code 13A-6-151
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • municipality: Any incorporated municipality located wholly within the county. See Alabama Code 45-39-221
  • municipality: Any incorporated city or town in Lauderdale County. See Alabama Code 45-39-250
  • municipality: Any municipal corporation organized under the laws of this state. See Alabama Code 37-4-1
  • 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
  • NEW INDUSTRIAL CUSTOMER: An industrial customer who constructs a new premises on a site not previously occupied by an industrial customer. See Alabama Code 37-14-31
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • nonutility: Any federal agency, instrumentality, or corporation, owned by the United States, and any corporation or joint stock company in which the United States or any of its departments, establishments, or agencies, owns more than 50 percent of the voting shares of stock of such corporation or joint stock company. See Alabama Code 37-4-1
  • NOTICE BY PUBLICATION: Unless otherwise specified, such notice shall consist of publication once in each of three consecutive weeks (three insertions) in some newspaper having general circulation in the county or counties wherein the land in the water management district is located, the last insertion to be made at least 15 days prior to the date fixed for the hearing of said notice, and it shall not be necessary that the publication shall be made on the same day in each of the three weeks, but not less than 14 days, excluding the day of the first publication, shall intervene between the first publication and the last publication. See Alabama Code 9-9-2
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • officer: The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense. See Alabama Code 9-11-1
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
  • organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 10A-1-1.03
  • Oversight: Committee review of the activities of a Federal agency or program.
  • OWNERSHIP INTEREST: An owner's interest in an entity. See Alabama Code 10A-1-1.03
  • PARENTAL INCAPACITY: Abandonment or incapacity of such a serious nature as to demonstrate that the parent, legal guardian, or legal custodian is unable, unavailable, or unwilling to perform the regular and expected functions or care and support of the child. See Alabama Code 38-12-32
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • PARTNERSHIP AGREEMENT: Any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a general partnership or a limited partnership. See Alabama Code 10A-1-1.03
  • person: Any individual, partnership, stock company or corporation. See Alabama Code 9-9-2
  • 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, 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: Such term shall mean and include individuals, associations of individuals, firms, partnerships, companies, corporations, municipalities, governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever, in the singular number as well as in the plural. See Alabama Code 37-4-1
  • person: Such term shall include any individual, partnerships, corporations, companies, associations, administrators, executors, trustees and receivers appointed by any court whatsoever. See Alabama Code 37-4-101
  • PHYSICAL INJURY: Impairment of physical condition or substantial pain. See Alabama Code 13A-6-151
  • PIPELINE SYSTEM: New and existing pipe rights-of-way and any pipeline, equipment, facility and building, or any of the foregoing, used by a public utility in the transportation of gas or the treatment of gas during the course of transportation; but "rights-of-way" as used in this article does not authorize the commission to prescribe the location or routing of any pipeline, equipment, facility or building, or any of the foregoing. See Alabama Code 37-4-80
  • PLANNING JURISDICTION: A municipality's planning jurisdiction but excludes any portion of the planning jurisdiction located outside of the county. See Alabama Code 45-39-221
  • 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.
  • 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
  • premises: The building, structure or facility to which electricity is being metered or is to be furnished and metered, including all meters on such building, structure or facility through which electricity is delivered or to be delivered. See Alabama Code 37-14-2
  • premises: The building, structure or facility to which electricity is being metered or is to be furnished and metered, including all meters on such building, structure or facility through which electricity is delivered or to be delivered. See Alabama Code 37-14-31
  • 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.
  • PRIMARY ELECTRIC SUPPLIER: That electric supplier for each municipality existing on January 1, 1984 serving a plurality of the premises within the existing municipal limits to which service is actually being supplied and metered on January 1, 1984. See Alabama Code 37-14-2
  • PRIMARY ELECTRIC SUPPLIER: That electric supplier for each municipality existing on January 1, 1984 serving a plurality of the premises within the existing municipal limits to which service is actually being supplied and metered on January 1, 1984. See Alabama Code 37-14-31
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • program: The Kinship Guardianship Subsidy Program established by Section 38-12-33. See Alabama Code 38-12-32
  • 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 UTILITY: Any person, firm, corporation or other legal entity of any kind engaged in the transportation and sale of gas and shall include the State of Alabama, every county in the State of Alabama, every municipality in the State of Alabama, every public body or corporation of whatever kind in the State of Alabama, as well as every private or nonpublic entity, when engaged in the transportation and sale of gas. See Alabama Code 37-4-80
  • RADIO UTILITY: Any person or organization which owns, controls, operates or manages a radio utility system; except, that such definition shall not include a telephone utility or telegraph utility regulated by the commission. See Alabama Code 37-4-101
  • RADIO UTILITY SYSTEM: A system employing any facility within this state to offer a radio service on a for-hire basis to the members of the public who subscribe to such service, and which is operated under such circumstances as would require a license by the Federal Communications Commission as a miscellaneous common carrier in the domestic land mobile radio services. See Alabama Code 37-4-101
  • rate: Such term shall mean and include, in the plural number as well as in the singular, every individual or joint rate, classification, fare, toll, charge, or other compensation for service rendered, or to be rendered, by any utility, and every rule, regulation, practice, act, requirement, or privilege in any way relating to such rate, fare, toll, charge, or other compensation, and any schedule or tariff, or part of a schedule or tariff thereof. See Alabama Code 37-4-1
  • relative: An individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great aunt, great uncle, great great grandparent, niece, nephew, grand niece, grand nephew, or a stepparent. See Alabama Code 38-12-32
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • REPRODUCTION COST NEW LESS DEPRECIATION: The total investment that would be required by the electric supplier selling the facilities to duplicate the facilities to be sold at the time of such sale utilizing then current costs for all materials, supplies, labor, land and land rights, transportation, and miscellaneous direct and indirect expenses (including overhead, engineering and supervision costs that are normally capitalized) that would be required; the costs that would be required to obtain all necessary approvals and permits; and any other costs that would be appropriately applicable to the reproduction of the facilities, less an amount representing the straight line depreciation of such reproduction costs of any depreciable items over an assumed life of 30 years for electric distribution facilities for that period of time equal to the age of the items of the electric distribution facilities being transferred. See Alabama Code 37-14-2
  • REPRODUCTION COST NEW LESS DEPRECIATION: The total investment that would be required by the electric supplier selling the facilities to duplicate the facilities to be sold at the time of such sale utilizing then current costs for all materials, supplies, labor, land and land rights, transportation, and miscellaneous direct and indirect expenses (including overhead, engineering and supervision costs that are normally capitalized) that would be required; the costs that would be required to obtain all necessary approvals and permits; and any other costs that would be appropriately applicable to the reproduction of the facilities, less an amount representing the straight line depreciation of such reproduction costs of any depreciable items over an assumed life of 30 years for electric distribution facilities for that period of time equal to the age of the items of the electric distribution facilities being transferred. See Alabama Code 37-14-31
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • 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

  • rights-of-way: as used in this article does not authorize the commission to prescribe the location or routing of any pipeline, equipment, facility or building, or any of the foregoing. See Alabama Code 37-4-80
  • SECONDARY ELECTRIC SUPPLIER: Any electric supplier serving within existing municipal limits which is not the primary electric supplier. See Alabama Code 37-14-2
  • SECONDARY ELECTRIC SUPPLIER: Any electric supplier serving within existing municipal limits which is not the primary electric supplier. See Alabama Code 37-14-31
  • securities: Such term shall mean and include stock, stock certificates, bonds, notes, debentures, or other evidences of indebtedness, authorized, issued, or executed by any utility. See Alabama Code 37-4-1
  • SERVICE REGULATION: Such term shall mean and include every rule, regulation, practice, act, or requirement in any way relating to the service or facilities of a utility, including the voltage of electricity, the heat units, pressure and candlepower of gas, the supply, rates, and pressure of water, and in general the quality of any commodity, service, or product supplied. See Alabama Code 37-4-1
  • 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.
  • SEXUAL CONDUCT: Any of the following acts:

    a. See Alabama Code 13A-6-151

  • SEXUAL SERVITUDE: Any sexual conduct as defined in subdivision (3) of Section 14-11-30, for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception from a person; provided, however, that if the sexual conduct is with a minor, no coercion or deception is required. See Alabama Code 13A-6-151
  • state: The State of Alabama. See Alabama Code 45-39-221
  • 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
  • subdistrict: A drainage subdistrict. See Alabama Code 9-9-70
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • SUCCESSOR GUARDIAN: A person or persons named in a kinship guardianship assistance agreement, or any amendment thereto, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity of a kinship guardian. See Alabama Code 38-12-32
  • Summons: Another word for subpoena used by the criminal justice system.
  • support: Support of a minor child and spousal support when such spousal support is incidental to child support as required by Title IV-D of the Social Security Act. See Alabama Code 38-10-2
  • SUPPORT PROGRAMS: Locating absent parents, establishing paternity, establishing or modifying support orders, enforcing support orders, collecting support and related matters as described or defined by the Social Security Act and amendments thereto and by state law. See Alabama Code 38-10-2
  • telecommunications: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS CARRIER: Any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in 47 U. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS EQUIPMENT: Equipment, other than customer premises equipment, used by a provider of telecommunications to provide telecommunications services, and includes software integral to the equipment, including upgrades. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS SERVICE: The offering of telecommunications, including servicing and repairing related equipment, for a fee directly to the public, or to the classes of users as to be effectively available directly to the public regardless of the facilities used, including, but not limited to, voice, data, imaging, and video transmissions and local telephone exchange service. See Alabama Code 45-39-250
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testator: A male person who leaves a will at death.
  • TITLE IV-D: Title IV-D of the Social Security Act including any amendments thereto. See Alabama Code 38-10-2
  • 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.
  • TOURISM BOARD: The public corporation organized pursuant to this part. See Alabama Code 45-39-221
  • TRAFFICKING VICTIM: Any person, including minors, subjected to labor servitude, sexual servitude, or involuntary servitude. See Alabama Code 13A-6-151
  • 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.
  • TRANSPORTATION OF GAS: The gathering, transmission, distribution and storage of natural gas and the transmission and distribution by pipeline of all kinds of gas other than natural gas. See Alabama Code 37-4-80
  • TRANSPORTATION OF HAZARDOUS LIQUIDS: The movement of hazardous liquids by intrastate pipeline, or their storage incidental to such movement, except that it shall not include: any such movement through gathering lines in rural locations, coastal waters, or onshore production; refining or manufacturing, cleansing and processing facilities, not including LNG facilities; or storage or in-plant piping systems associated with any such facilities;

    (4) FACILITIES. See Alabama Code 37-4-90

  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • utility: Such term shall mean and include every person, not engaged solely in interstate business, that now or may hereafter own, operate, lease, or control:

    a. See Alabama Code 37-4-1

  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • viewers: The board of viewers. See Alabama Code 9-9-2
  • violation: The knowing commission of any act prohibited by a domestic violence protection order or any willful failure to abide by its terms. See Alabama Code 13A-6-141
  • warden: The game and fish warden or agent provided for in the game and fish laws of this state. See Alabama Code 9-11-1