Sections
Division 1 Standards and Inspections Generally 8-17-80 – 8-17-102
Division 2 Reclaimed or Re-Refined Oil 8-17-110 – 8-17-116
Division 3 Fraud and Deceit in Sale 8-17-130 – 8-17-139
Division 4 Posting Price and Tax 8-17-150 – 8-17-155

Terms Used In Alabama Code > Title 8 > Chapter 17 > Article 5 - Petroleum Products

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • advertisement: All representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article. See Alabama Code 2-26-1
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • AGRICULTURAL LAND: Any real property classified or assessed as agricultural or forest land for property tax purposes. See Alabama Code 11-89C-2
  • AGRICULTURAL SEED: The seeds of grasses, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural or field seeds and mixtures of such seeds. See Alabama Code 2-26-1
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • applicant: A natural person who files a written application with the governing body of the city in accordance with the provisions of Section 45-27A-31. See Alabama Code 45-27A-31.01
  • APPOINTING AUTHORITY: The sheriff, or any designee of the sheriff who is exempt pursuant to Section 45-28-234. See Alabama Code 45-28-234
  • 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: The articles of incorporation or articles of reincorporation of an authority. See Alabama Code 11-92A-1
  • articles: The articles of incorporation of an authority. See Alabama Code 11-92B-1
  • 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-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: A public corporation incorporated and reincorporated pursuant to the provisions of this chapter. See Alabama Code 11-92A-1
  • authority: A public corporation incorporated pursuant to this chapter. See Alabama Code 11-92B-1
  • authority: A nonprofit public corporation organized pursuant to the provisions of this chapter. See Alabama Code 11-94-1
  • authority: The Brewton Development Authority, a public corporation organized pursuant to this part. See Alabama Code 45-27A-31.01
  • authority: A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. See Alabama Code 11-88-40
  • AUTHORIZED OPERATIONAL AREA: The county or counties in which the authority has been or is proposed to be authorized to operate, as designated in its articles of incorporation in accordance with the provisions of this chapter. See Alabama Code 11-92A-1
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-27A-31. See Alabama Code 45-27A-31.01
  • AUTHORIZING SUBDIVISION: Any county or municipality to which application has been made for authority to incorporate an authority under this chapter. See Alabama Code 11-94-1
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • 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
  • 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
  • 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 11-92B-1
  • board: The board of directors of an authority. See Alabama Code 11-94-1
  • board: The board of directors of the authority. See Alabama Code 45-27A-31.01
  • board: The Personnel Board of the Office of the Sheriff of Etowah County created by this part. See Alabama Code 45-28-234
  • board: The board of directors of an authority. See Alabama Code 11-88-40
  • BOARD OF DIRECTORS: The board of directors of an authority. See Alabama Code 11-92A-1
  • BOND OR BONDS: A bond or bonds issued under the provisions of this chapter. See Alabama Code 11-92A-1
  • bonds: Includes bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-27A-31.01
  • 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
  • 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
  • city: The City of Brewton, Alabama. See Alabama Code 45-27A-31.01
  • CLASSIFIED SERVICE: All Alabama Peace Officers' Standards and Training Commission-certified custodial, administrative, and clerical employees of the Office of the Sheriff of Etowah County not specifically exempted as command staff in subsection (b) of Section 45-28-234. See Alabama Code 45-28-234
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • COMMERCIAL PROPERTY: Any real property that is not residential property, as defined in this section, or has not specifically been exempted from the fee provisions set out in Section 11-89C-9(d)(1). See Alabama Code 11-89C-2
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 8-17-80
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-1-1
  • 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.
  • COMPARABLE REPLACEMENT DWELLING: Any dwelling that is decent, safe, and sanitary; adequate in size to accommodate the occupants; within the financial means of the displaced person; functionally equivalent; in an area not subject to unreasonable adverse environmental conditions; and in a location generally not less desirable than the location of the dwelling of a displaced person with respect to public utilities, facilities, services, and the place of employment of a displaced person. See Alabama Code 18-4-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • conversion: A conversion, whether referred to as a conversion, domestication, or otherwise, means:

    (A) the continuance of a domestic entity as a foreign entity of any type;

    (B) the continuance of a foreign entity as a domestic entity of any type; or

    (C) the continuance of a domestic entity of one type as a domestic entity of another type. See Alabama Code 10A-1-1.03

  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • corporation: Includes a domestic or foreign business corporation, including a benefit corporation, as defined in Chapter 2A, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Any county in this state that abuts on a navigable river or through which a navigable river runs. See Alabama Code 11-94-1
  • COUNTY OF INCORPORATION: The county of the state in which an authority has been or is proposed to be incorporated or reincorporated. See Alabama Code 11-92A-1
  • COUNTY OF INCORPORATION: The county in which an authority has been or is proposed to be incorporated. See Alabama Code 11-92B-1
  • court: The designated court, and if none, the circuit court specifically set forth in this title, and if none, any other court having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • day: When used in the computation of time, excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 10A-1-1.03
  • dealer: Any person who buys and sells seed in Alabama. See Alabama Code 2-26-1
  • Decedent: A deceased person.
  • department: The Alabama Department of Agriculture and Industries. See Alabama Code 8-17-80
  • Dependent: A person dependent for support upon another.
  • 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: 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 the board of directors of an authority. See Alabama Code 11-94-1
  • director: A member of the board of the authority. See Alabama Code 45-27A-31.01
  • directors: The members of the board of directors. See Alabama Code 11-92A-1
  • directors: The members of the board of directors. See Alabama Code 11-92B-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, means governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
  • 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
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • employee: Any person not exempt pursuant to Section 45-28-234. See Alabama Code 45-28-234
  • entity: A domestic or foreign organization. See Alabama Code 10A-1-1.03
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • fiduciary: A trustee of a testamentary trust or of any express trust, a guardian of the estate of a minor, a guardian, committee or conservator of the estate of an incompetent person, an executor of a will, an administrator of the estate of a decedent or an advisor or consultant exercising control over a testamentary or express trust. See Alabama Code 19-2-1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • FLOWER SEED: The seeds of all plants grown for ornamental purposes, either for domestic or commercial purposes, and which are generally known and sold under the name of flower seed in this state. See Alabama Code 2-26-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, means governed as to its internal affairs by the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • 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
  • 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
  • germination: The percentage of seeds capable of producing normal seedlings under ordinarily favorable conditions (not including seeds which produce weak, malformed or obviously abnormal sprouts nor hard seeds). See Alabama Code 2-26-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING BODY: The governing body of a county or municipality in the state which is now or may hereafter be specifically designated in 40 C. See Alabama Code 11-89C-2
  • GOVERNING BODY: With respect to a county, the county commission and, with respect to a municipality, the council, commission or other governing body of such municipality. See Alabama Code 11-94-1
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-27A-31.01
  • greenfield: Any real property not previously developed. See Alabama Code 11-89C-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HARD SEEDS: The percentage of seeds which because of hardness or impermeability do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned. See Alabama Code 2-26-1
  • HYBRID SEED CORN: The first generation seed of a cross produced by controlling the pollination and by combining two, three or four inbred lines or by combining one inbred line or a single cross with an open-pollinated variety. See Alabama Code 2-26-1
  • ILLICIT DISCHARGE: Any discharge to a municipal separate storm sewer that is not composed entirely of storm water, except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from fire fighting and emergency management activities. See Alabama Code 11-89C-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.
  • 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
  • improvement: Any sanitary sewage treatment or sewage disposal plant or any sanitary sewer, including mains, laterals, trunk lines, collector lines, outfall lines, force mains, and appurtenant facilities. See Alabama Code 11-88-40
  • incorporators: The natural persons filing a written application for the incorporation or reincorporation of an authority pursuant to the provisions of this chapter. See Alabama Code 11-92A-1
  • incorporators: The natural persons filing a written application for the incorporation of an authority pursuant to this chapter. See Alabama Code 11-92B-1
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-27A-31.01
  • 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: Any mortgage, indenture of mortgage, deed of trust, trust agreement or trust indenture executed by an authority as security for its bonds. See Alabama Code 11-94-1
  • INERT MATTER: All matter not seeds, including, among others, broken seeds, sterile florets, chaff, fungus bodies and stones, etc. See Alabama Code 2-26-1
  • 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
  • insurance: as used in this chapter includes the term "annuity" and the term "policy" includes the term "contract. See Alabama Code 11-91-1
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • JUDGE OF PROBATE: The judge of probate of the county of incorporation of an authority. See Alabama Code 11-92B-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • kerosene: All grades of kerosene, including, but not limited to, the two grades of kerosene, No. See Alabama Code 8-17-80
  • kind: One or more related species or subspecies which singly or collectively are known by one common name, for example, wheat, oat, vetch, sweet clover, cabbage, cauliflower, etc. See Alabama Code 2-26-1
  • labeling: All labels and other written, printed or graphic representations in any form whatsoever accompanying and pertaining to any seed, whether in bulk or in containers, and such term includes invoices and other bills of shipment. See Alabama Code 2-26-1
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOT OF SEED: A definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling. See Alabama Code 2-26-1
  • 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
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • MEMBER GOVERNING BODY: A governing body that joins a public corporation established pursuant to this chapter. See Alabama Code 11-89C-2
  • MILITARY INSTALLATION: A federal military fort, base, camp, post, station, yard, depot, arsenal, armory, or installation. See Alabama Code 11-92B-1
  • mixture: Seed consisting of more than one kind or variety, each present in excess of 5 percent of the whole. See Alabama Code 2-26-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • mortgage: The classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured by the mortgage. See Alabama Code 18-4-2
  • motor vehicle: as used in this division , shall include all vehicles propelled by any power other than muscular power. See Alabama Code 8-17-150
  • MUNICIPAL SEPARATE STORM SEWER: A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains:

    (i) Owned or operated by a city, town, county, association, or other public body;

    (ii) Designed or used for collecting or conveying storm water;

    (iii) Which is not a combined sewer; and

    (iv) Which is not part of a publicly owned treatment works as defined in 40 C. See Alabama Code 11-89C-2

  • municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 11-81-140
  • municipality: Any incorporated city or town in this state. See Alabama Code 11-94-1
  • 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
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Oath: A promise to tell the truth.
  • 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
  • OPERATIONAL AREA: The parcels of realty within a county, previously conveyed to the United States of America, which formerly comprised a military installation, and all property in adjacent areas of close proximity to the military installation within the corporate limits of any municipality whose corporate limits lie in whole or in part within the operational area of the authority that is necessary or convenient to carry out the purposes of the authority. See Alabama Code 11-92B-1
  • OTHER CROP SEED: The seed of all kinds or varieties of agricultural or vegetable seeds not of the kind or variety declared on the label or tag. See Alabama Code 2-26-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • 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
  • person: An individual, partnership, corporation, company, society, association or agency. See Alabama Code 2-26-1
  • person: Unless limited to a natural person by the context in which it is used, any person, including, without limitation, a private firm, a private association, a corporation, and a public person. See Alabama Code 11-92A-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • 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: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
  • person: Unless limited to a natural person by the context in which it is used, any person, including, without limitation, a private firm, a private association, a corporation, and a public person. See Alabama Code 11-92B-1
  • person: An individual, including the estate of an incompetent or deceased individual, or an entity, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. See Alabama Code 45-27A-31.01
  • person: An individual, partnership, corporation, or association. See Alabama Code 18-4-2
  • 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
  • Personal property: All property that is not real property.
  • PETROLEUM PRODUCTS: Gasoline, diesel fuel, and lubricating oil. See Alabama Code 8-17-80
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • policy: includes the term "contract. See Alabama Code 11-91-1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • preceding: means next before. See Alabama Code 1-1-1
  • PRINCIPAL OFFICE: The office, in or out of this state, where the principal executive office, whether referred to as the principal executive office, chief executive office, or otherwise, of an entity is located. See Alabama Code 10A-1-1.03
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-27A-31.01
  • PROBATE JUDGE: The judge of probate of the county of incorporation of an authority. See Alabama Code 11-92A-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • processing: The passing of seed through a cleaning machine for the purpose of removing some constituent or through a blending machine or grinding of the seed for other uses. See Alabama Code 2-26-1
  • project: Any land and any buildings or other improvements thereon, and all real, personal, and mixed properties deemed by an authority to be necessary or appropriate in connection therewith, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:

    a. See Alabama Code 11-92A-1

  • project: Any land and any buildings or other improvements thereon, and all real, personal, and mixed properties, within the operational area of an authority, deemed by an authority to be necessary or appropriate in connection therewith, whether or not now in existence, and which shall be suitable for the promotion of the purposes of the authority. See Alabama Code 11-92B-1
  • project: Interests in land, buildings, structures, facilities, or other improvements and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the city. See Alabama Code 45-27A-31.01
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
  • property: Only land which has been subdivided and platted. See Alabama Code 11-88-40
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PUBLIC CORPORATION: Any public corporation created pursuant to this chapter. See Alabama Code 11-89C-2
  • PUBLIC PERSON: The state and any county, city, town, public corporation, agency, subdivision thereof, instrumentality thereof, or similar person. See Alabama Code 11-92A-1
  • PUBLIC PERSON: The state and any county, city, town, public corporation, agency, subdivision thereof, instrumentality thereof, or similar person. See Alabama Code 11-92B-1
  • PURE SEED: The seed of the kind or kind and variety of agricultural, tree, shrub or vegetable seed declared on the label or tag. See Alabama Code 2-26-1
  • purpose: The authorized purposes of an authority, which include acquiring, holding, improving, installing, constructing, owning, leasing, developing, performing environmental restoration and remediation, selling, and otherwise disposing of the real and personal property within its operational area for any use, subject to governmental land use restrictions or authority. See Alabama Code 11-92B-1
  • Quorum: The number of legislators that must be present to do business.
  • re-refined oil: as used in this division , shall mean any lubricating oil, lubricant or motor lubricating oil which has been previously used, in whole or in part, when such oil has been reprocessed, re-refined or in any manner reclaimed, regardless of the quality of the oil, the method of reprocessing, re-refining or reclaiming of the oil or of the intended use of such oil. See Alabama Code 8-17-110
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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.
  • RESIDENTIAL PROPERTY: Any single-family owner-occupied residential property, historic buildings, or sites classified or assessed as Class III property, pursuant to Section 217 of Article XI of the Constitution of Alabama of 1901. See Alabama Code 11-89C-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • REVENUE COMMISSIONER: The Commissioner of the Alabama Department of Revenue. See Alabama Code 8-17-80
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • rule: Any public corporation regulation or standard of general applicability that prescribes or recommends law, procedure or policy for its member governing bodies specifically including all pro forma ordinances, regulations, resolutions, rules, procedures or remedies adopted and recommended by a public corporation. See Alabama Code 11-89C-2
  • 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.
  • 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 11-92A-1
  • state: The State of Alabama. See Alabama Code 8-17-80
  • state: The State of Alabama. See Alabama Code 11-92B-1
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • state: The State of Alabama. See Alabama Code 45-27A-31.01
  • STATE AGENCY: Any permanent or temporary state office, department, division or unit, bureau, board, commission, authority, institution, state college or university, or other unit of state government, whether executive, legislative, or judicial, which has the authority to acquire property by eminent domain under state law and which carries out projects with federal or state financial assistance that cause people to be displaced, but shall not include any unit of local government. See Alabama Code 18-4-2
  • Statute: A law passed by a legislature.
  • STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY: The discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant. See Alabama Code 11-89C-2
  • STORM WATER LAWS: Those provisions of the Clean Water Act, 33 U. See Alabama Code 11-89C-2
  • Subpoena: A command to a witness to appear and give testimony.
  • subscriber: A person who agrees with or makes an offer to an entity to purchase by subscription an ownership interest in the entity. See Alabama Code 10A-1-1.03
  • 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
  • subscription: An agreement between a subscriber and an entity, or a written offer made by a subscriber to an entity before or after the entity's formation, in which the subscriber agrees or offers to purchase a specified ownership interest in the entity. See Alabama Code 10A-1-1.03
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • TREE AND SHRUB SEED: The seeds of woody plants commonly known and sold as tree or shrub seeds in this state. See Alabama Code 2-26-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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.
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • undertaking: Such term shall include all of the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

    a. See Alabama Code 11-81-140

  • 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
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • 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.
  • variety: A subdivision of a kind which is characterized by growth, plant, fruit, seed, period of maturation or other characters by which it can be differentiated from other sorts of the same kind, for example, Redhart wheat, Flat Dutch cabbage, Otootan soybeans, Chantenay carrot, etc. See Alabama Code 2-26-1
  • VEGETABLE SEED: The seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this state. See Alabama Code 2-26-1
  • Venue: The geographical location in which a case is tried.
  • WAR SERVICE: Such term shall include the following, during the period that the United States shall be engaged in war with any foreign nation:

    a. See Alabama Code 19-2-1

  • WATERFRONT PROPERTY: Any property on or near any navigable river in this state. See Alabama Code 11-94-1
  • WEED SEEDS: The seeds, bulblets and tubers of all plants generally recognized as weeds within this state, including noxious weed seeds, bulblets and tubers. See Alabama Code 2-26-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.