Article 1 General Provisions 9-12-1 – 9-12-9
Article 2 Seafoods 9-12-20 – 9-12-126
Article 3 Establishment of Artificial Fishing Reefs in Offshore Waters 9-12-140 – 9-12-142
Article 3A Artifcial Reef Construction Regulated 9-12-150
Article 4 Reciprocal Agreements as to Commercial Seafood Fishing 9-12-160 – 9-12-162
Article 5 Gulf States Marine Fisheries Compact 9-12-180 – 9-12-184
Article 6 Commercial Alligator Operations 9-12-200 – 9-12-214
Article 7 Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief 9-12-230 – 9-12-234

Terms Used In Alabama Code > Title 9 > Chapter 12

  • 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.
  • 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.
  • AGRICULTURAL LAND: Any real property classified or assessed as agricultural or forest land for property tax purposes. See Alabama Code 11-89C-2
  • ALTERNATING DIRECTOR: The director initially elected by the governing body of the authorizing municipality and thereafter alternately by the governing bodies of the authorizing county and the authorizing municipality. See Alabama Code 11-95-2
  • 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.
  • 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 and with the governing body of any municipality located wholly or partially within such county in accordance with the provisions of Section 11-95-3. See Alabama Code 11-95-2
  • applicant: A natural person who files a written application with the governing body of any county or municipality in accordance with the provisions of Section 11-97-3 hereof. See Alabama Code 11-97-2
  • 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
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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: 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
  • ASSISTED LIVING FACILITY: An institution or facility licensed as an assisted living facility under regulations of the State Board of Health. See Alabama Code 20-3-2
  • associate: When used to indicate a relationship with:

    (A) a domestic or foreign entity or organization for which the person is:

    (i) an officer or governing person; or

    (ii) a beneficial owner of 10 percent or more of a class of voting ownership interests or similar securities of the entity or organization;

    (B) a trust or estate in which the person has a substantial beneficial interest or for which the person serves as trustee or in a similar fiduciary capacity;

    (C) the person's spouse or a relative of the person related by consanguinity or affinity within the fifth degree who resides with the person; or

    (D) a governing person or an affiliate or officer of the person. See Alabama Code 10A-1-1.03

  • 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: Any public corporation organized pursuant to the provisions of this chapter. See Alabama Code 11-89A-2
  • 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: A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. See Alabama Code 11-88-40
  • authority: The Brewton Development Authority, a public corporation organized pursuant to this part. See Alabama Code 45-27A-31.01
  • authority: The Private Colleges and Universities Facilities Authority created by this chapter and any successor or successors thereto. See Alabama Code 16-18A-2
  • 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
  • Authorized stock: means the stock of all classes and series a corporation or foreign corporation is authorized to issue. See Alabama Code 10A-2A-1.40
  • AUTHORIZING COUNTY: Any county the governing body of which shall have adopted an authorizing resolution. See Alabama Code 11-95-2
  • AUTHORIZING MUNICIPALITY: Any municipality the governing body of which shall have adopted an authorizing resolution. See Alabama Code 11-95-2
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the county pursuant to Section 45-11-245. See Alabama Code 45-11-245.01
  • AUTHORIZING RESOLUTION: A resolution of ordinance adopted by the governing body of any county or municipality in accordance with the provisions of Section 11-97-3 hereof, that authorizes the incorporation of a corporation. See Alabama Code 11-97-2
  • 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 RESOLUTIONS: The resolutions, adopted by the governing bodies of any county and municipality in accordance with the provisions of Section 11-95-3, that authorize the incorporation of a corporation. See Alabama Code 11-95-2
  • 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
  • AUTHORIZING SUBDIVISIONS: The authorizing county and the authorizing municipality with respect to a single corporation. See Alabama Code 11-95-2
  • AUTOMATIC NUMBER IDENTIFICATION: An enhanced 911 service capability that enables the automatic display of the 10-digit telephone number used to place a 911 call. See Alabama Code 11-98-1
  • 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
  • board: The board of directors of an authority. See Alabama Code 11-89A-2
  • 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 a corporation. See Alabama Code 11-95-2
  • board: The board of directors of a corporation. See Alabama Code 11-97-2
  • board: The board of directors of an authority. See Alabama Code 11-88-40
  • 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 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: Bonds, notes, or other obligations representing an obligation to pay money. See Alabama Code 11-89A-2
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 11-95-2
  • bonds: Bonds, notes, or other obligations representing an obligation to pay money. See Alabama Code 11-97-2
  • bonds: Includes bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-27A-31.01
  • CHARITABLE CLINIC: The term includes an established free medical clinic as defined in subdivision (1) of Section 6-5-662 and any community health center provided for under the federal Public Health Service Law. See Alabama Code 20-3-2
  • CHARITABLE PATIENT: For purposes of this chapter, the term shall not include patients who are eligible to receive drugs under the Alabama Medicaid Program or under any other prescription drug program funded in whole or in part by the state. See Alabama Code 20-3-2
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • 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
  • cmrs: Commercial mobile radio service under Sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U. See Alabama Code 11-98-1
  • CMRS CONNECTION: Each mobile telephone number assigned to a CMRS subscriber with a place of primary use in Alabama. See Alabama Code 11-98-1
  • CMRS PROVIDER: A person or entity that provides CMRS. See Alabama Code 11-98-1
  • code: The Code of Alabama 1975, as amended. See Alabama Code 45-11-244.01
  • code: The Code of Alabama 1975, as amended. See Alabama Code 45-11-245.01
  • 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
  • commission: The Alabama Public Service Commission;

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

  • commissioner: The Commissioner of Revenue of the state. See Alabama Code 45-11-244.01
  • commissioner: The Commissioner of Revenue of the state. See Alabama Code 45-11-245.01
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-1-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consumer: The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Alabama Code 8-20A-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Converted organization: means the organization into which a converting organization converts pursuant to this article. See Alabama Code 10A-2A-9.01
  • Converting corporation: means a converting organization that is a corporation. See Alabama Code 10A-2A-9.01
  • Converting organization: means an organization that converts into another organization pursuant to this article. See Alabama Code 10A-2A-9.01
  • cooperative: Includes an employee cooperative as defined in Chapter 11. See Alabama Code 10A-1-1.03
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • 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: Any public corporation organized pursuant to the provisions of this chapter. See Alabama Code 11-95-2
  • corporation: Any public corporation organized pursuant to the provisions of this chapter. See Alabama Code 11-97-2
  • costs: As applied to a facility or any portion thereof, shall include all or any part of the cost of construction, acquisition, alteration, enlargement, extension, reconstruction, improvement, and remodeling of a facility, including all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, permits, approvals, licenses, and certificates and interests acquired or used for, in connection with or with respect to a facility, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, underwriters' commissions or discounts, interest prior to, during, and following completion of such construction and acquisition, provisions for reserves for both principal and interest and for maintenance, extensions, enlargements, additions, and improvements to any facilities then being or theretofore acquired and all other amounts authorized by any corporation to be paid into any special funds from proceeds of bonds issued by the corporation, the cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing a facility, and such other expenses as may be necessary or incident to the construction and acquisition of a facility, the financing of such construction and acquisition, and the placing of a facility in operation. See Alabama Code 11-97-2
  • costs: As applied to a project or any portion thereof financed under the provisions of this chapter, all or any part of the cost of construction, acquisition, alteration, enlargement, reconstruction and remodeling of a project including all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, permits, approvals, licenses and certificates and the securing of such permits, approvals, licenses and certificates, and interests acquired or used for or in connection with a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, underwriters' commissions or discounts, interest prior to, during and for a period of six months following estimated completion of such construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements, the cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition and the placing of the project in operation. See Alabama Code 16-18A-2
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Chilton County in the state. See Alabama Code 45-11-244.01
  • county: Chilton County in the state. See Alabama Code 45-11-245.01
  • county: Chilton County. See Alabama Code 45-11-246
  • county: Any county in the state. See Alabama Code 11-89A-2
  • 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: Any county in the state. See Alabama Code 11-95-2
  • county: Any county in the state. See Alabama Code 11-97-2
  • 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: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • CREATING AUTHORITY: The municipal governing body of any municipality or the governing body of any county that, by passage of a resolution or ordinance, creates a district within its respective jurisdiction in accordance with this chapter. See Alabama Code 11-98-1
  • 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
  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • DESIGNATED REVENUES: Hospital taxes and other revenues from which any particular bonds of a corporation may be payable, as designated in the proceeding of the board of such corporation authorizing the issuance of such bonds. See Alabama Code 11-95-2
  • DETERMINING COUNTY: With respect to a corporation, any county the governing body of which shall have made findings and determinations of fact pertaining to the organization of such corporation in accordance with the provisions of Section 11-97-3. See Alabama Code 11-97-2
  • DETERMINING MUNICIPALITY: With respect to a corporation, any municipality the governing body of which shall have made findings and determinations of fact pertaining to the organization of such corporation, in accordance with the provisions of Section 11-97-3. See Alabama Code 11-97-2
  • DETERMINING SUBDIVISION: With respect to an authority, any determining county or determining municipality. See Alabama Code 11-89A-2
  • DETERMINING SUBDIVISION: With respect to a corporation, any determining county or determining municipality and, with respect to an instrumentality, the county or municipality or combination thereof whose governing body is empowered to incorporate or otherwise establish such instrumentality. See Alabama Code 11-97-2
  • Devise: To gift property by will.
  • director: A member of the board of directors of an authority. See Alabama Code 11-94-1
  • director: A member of the board of a corporation. See Alabama Code 11-95-2
  • director: A member of the board of a corporation. See Alabama Code 11-97-2
  • 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.
  • 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 FORMULA: The percentage of the total state population residing in a district, compared to the total state population residing in all districts statewide, based upon the latest census data or estimates compiled by or for the Alabama Department of Economic and Community Affairs. See Alabama Code 11-98-1
  • district: A communication district created pursuant to this chapter. See Alabama Code 11-98-1
  • Docket: A log containing brief entries of court proceedings.
  • 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.
  • drugs: All medicinal substances and preparations recognized by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all substances and preparations intended for external and internal use in the cure, diagnosis, mitigation, treatment, or prevention of disease and all substances and preparations other than food intended to affect the structure or any function of the body. See Alabama Code 20-3-2
  • Eligible interests: means interests or memberships. See Alabama Code 10A-2A-1.40
  • ELIGIBLE INVESTMENT: Includes:

    a. See Alabama Code 11-97-2

  • employee: Any person not exempt pursuant to Section 45-28-234. See Alabama Code 45-28-234
  • entity: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • EXPRESS WARRANTY: A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty. See Alabama Code 8-20A-1
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • facility: All or any part of either or both of (i) a solid waste disposal facility, and (ii) a resource recovery facility, including all land, rights-of-way, property rights, franchise rights, machinery, equipment, vehicles, furniture, fixtures, and all other property, rights, easements, and interests necessary or desirable in connection therewith. See Alabama Code 11-89A-2
  • facility: Property or collections of property used to provide utility services, including all land, rights-of-way, property rights, franchise rights, buildings and other structures, machinery, equipment, vehicles, furniture, fixtures, reservoirs, wells, intakes, mains, laterals, pipes, aqueducts, and all other property, rights, easements, and interests necessary or desirable in connection therewith. See Alabama Code 11-97-2
  • 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 ORDER: The order of the Federal Communications Commission, FCC Docket No. See Alabama Code 11-98-1
  • 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 SECURITIES: Direct obligations of the United States for the payment of which the full faith and credit of the United States is pledged, or obligations issued by a person controlled or supervised by and acting as an instrumentality of the United States, the payment of the principal of, premium, if any, and interest on which is fully and unconditionally guaranteed as a full faith and credit obligation by the United States. See Alabama Code 11-95-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • fiduciary: Includes a personal representative or trustee. See Alabama Code 19-5-1
  • fiduciary account: shall mean any account for which the bank or trust company has investment responsibility. See Alabama Code 19-4A-1
  • Filing entity: means an unincorporated entity, other than a limited liability partnership, that is of a type that is created by filing a public organic record or is required to file a public organic record that evidences its creation. See Alabama Code 10A-2A-1.40
  • 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
  • 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).
  • 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 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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 a county, its county commission 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 11-95-2
  • GOVERNING BODY: With respect to a municipality, its city or town council, board of commissioners, or other like governing body exercising the legislative functions of a municipality and, with respect to a county, its county commission or other like governing body exercising the legislative functions of a county and, with respect to an instrumentality or Tannehill Furnace and Foundry Commission, its board of directors or other like governing body duly constituted to exercise the ultimate decision-making functions of such instrumentality or said Tannehill Furnace and Foundry Commission, as the case may be. See Alabama Code 11-97-2
  • GOVERNING BODY: The county commission of a county. See Alabama Code 11-88-40
  • 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
  • GOVERNMENTAL USER: Any county or municipality, or any instrumentality of either thereof (including, without limitation to, any corporation incorporated hereunder) or Tannehill Furnace and Foundry Commission, that receives, participates in, or otherwise partakes of utility services pursuant to a utility services agreement. See Alabama Code 11-97-2
  • 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.
  • greenfield: Any real property not previously developed. See Alabama Code 11-89C-2
  • gst: The generation-skipping transfer tax imposed by Chapter 13 of the Internal Revenue Code. See Alabama Code 19-5-1
  • 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.
  • HOSPICE CARE PROGRAM: A hospice care program licensed as a hospice care program under regulations of the State Board of Health. See Alabama Code 20-3-2
  • hospital: An institution licensed as a hospital under regulations of the State Board of Health. See Alabama Code 20-3-2
  • HOSPITAL TAX: Any taxes which may be levied for the benefit of a corporation or the proceeds of which may have been appropriated to a corporation by the Legislature of the state or by the governing body of an authorizing subdivision. See Alabama Code 11-95-2
  • 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.
  • 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 the provisions of this chapter. See Alabama Code 11-95-2
  • incorporators: The persons forming a public corporation pursuant to the provisions of this chapter. See Alabama Code 11-97-2
  • 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
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INSTITUTION FOR HIGHER EDUCATION: A not-for-profit educational institution which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district or municipality thereof, which is authorized by law to provide a program of education beyond the high school level and which:

    a. See Alabama Code 16-18A-2

  • instrumentality: With respect to any county or municipality, any public corporation, public authority, board, commission or other similar body that is incorporated, established, or controlled by such county or municipality. See Alabama Code 11-97-2
  • 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
  • INTERNAL REVENUE CODE: The Internal Revenue Code of 1986 as amended from time to time and successor provisions and codifications thereof. See Alabama Code 19-5-1
  • Intestate: Dying without leaving a will.
  • 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 in which a domestic entity is required or permitted to deliver a filing instrument for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • JUDGE OF PROBATE: The judge of probate of the county of incorporation of an authority. See Alabama Code 11-92B-1
  • Jurisprudence: The study of law and the structure of the legal system.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legatee: A beneficiary of a decedent
  • LEGEND DRUG: Any drug, medicine, chemical, or poison bearing on the label the words, "caution, federal law prohibits dispensing without prescription" or similar wording indicating that such drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner. See Alabama Code 20-3-2
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • LEMON LAW RIGHTS PERIOD: The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs. See Alabama Code 8-20A-1
  • license: A license, certificate of registration, or other legal authorization. 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • manufacturer: The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale. See Alabama Code 8-20A-1
  • 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
  • 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

  • MILITARY INSTALLATION: A federal military fort, base, camp, post, station, yard, depot, arsenal, armory, or installation. See Alabama Code 11-92B-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • MOTOR VEHICLE: Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more. See Alabama Code 8-20A-1
  • 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: Any incorporated city or town in this state. See Alabama Code 11-94-1
  • municipality: An incorporated city or town of the state. See Alabama Code 11-95-2
  • municipality: An incorporated municipality in the state. See Alabama Code 11-97-2
  • NONCONFORMING CONDITION: Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer. See Alabama Code 8-20A-1
  • NOTICE OF A NONCONFORMING CONDITION: A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made. See Alabama Code 8-20A-1
  • NURSING FACILITY: An institution licensed as a nursing facility or intermediate care facility under regulations of the State Board of Health. See Alabama Code 20-3-2
  • 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
  • Organization: means a general partnership, including a limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability company; business trust; corporation; nonprofit corporation; professional corporation; or any other person having a governing statute. See Alabama Code 10A-2A-9.01
  • Organizational documents: means :

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

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

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

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

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

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

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

    (H) for any other organization, the basic writings that create the organization and determine its internal governance and the relations among the persons that own it, have an interest in it, or are members of it. See Alabama Code 10A-2A-9.01

  • OTHER ORIGINATING SERVICE PROVIDER: An entity other than a voice communication service provider that delivers real-time communication between a person needing assistance and an E-911 system. See Alabama Code 11-98-1
  • 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.
  • 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: 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: 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: 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: Any natural person, public or private corporation (including, without limitation to, any corporation incorporated hereunder), partnership, trust, foundation, government or governmental body, political subdivision, or other legal entity. See Alabama Code 11-97-2
  • 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, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
  • PERSONAL REPRESENTATIVE: An executor, administrator, special administrator, or a person who performs substantially the same function under the law governing the person's status, and a successor to any of the above. See Alabama Code 19-5-1
  • PLACE OF PRIMARY USE: The street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which must be:

    a. See Alabama Code 11-98-1

  • 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.
  • 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
  • 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
  • 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 OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of the proceedings of the board of a corporation are kept. See Alabama Code 11-95-2
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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.
  • PROFESSIONAL ASSOCIATION: A professional association as defined in Chapter 30. See Alabama Code 10A-1-1.03
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 10A-1-1.03
  • 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
  • project: A structure or structures available for use as a dormitory or other student housing facility, a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution of higher education, whether proposed, under construction or completed, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution for higher education, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended but shall not include any items the costs of which are customarily deemed to result in a current operating charge, and shall not include any facility used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination. See Alabama Code 16-18A-2
  • property: Only land which has been subdivided and platted. See Alabama Code 11-88-40
  • property: Any real, personal or mixed property, or any interest therein, including, without limitation, any real estate, appurtenances, buildings, easements, equipment, furnishings, furniture, improvements, machinery, rights-of-way and structures, or any interest therein. See Alabama Code 16-18A-2
  • provider: Any person that provides utility services to any user pursuant to a utility services agreement. See Alabama Code 11-97-2
  • PUBLIC CORPORATION: Any public corporation created pursuant to this chapter. See Alabama Code 11-89C-2
  • PUBLIC HOSPITAL CORPORATION: The Chilton County Health Care Authority, or any successor thereto, or any other public corporation heretofore or hereafter organized for hospital purposes in the county under any general law heretofore or hereafter enacted by the Legislature. See Alabama Code 45-11-244.01
  • PUBLIC HOSPITAL CORPORATION: The Chilton County Health Care Authority, or any successor thereto, or any other public corporation heretofore or hereafter organized for hospital purposes in the county under any general law heretofore or hereafter enacted by the Legislature. See Alabama Code 45-11-245.01
  • 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 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
  • PUBLIC SAFETY AGENCY: An agency of the State of Alabama, or a functional division of a political subdivision, that provides fire fighting, rescue, natural or man-caused disaster, or major emergency response, law enforcement, ambulance, or emergency medical services. See Alabama Code 11-98-1
  • 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.
  • 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
  • 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.
  • 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.
  • revenues: All rentals, receipts, income, and other charges derived or received or to be derived or received by the corporation, from any of the following: The operation by the corporation of a facility or facilities, or part of either thereof; the sale, including installment sales or conditional sales, lease, sublease, or use or other disposition of any facility or portion thereof; repayment of any loan with respect to any facility or the operation thereof; contracts, agreements, or franchises with respect to a facility (or portion thereof); any gift or grant; proceeds of bonds to the extent of use thereof for payment of principal of, interest or premium, if any, on the bonds is authorized by the corporation; proceeds from any insurance, condemnation or guaranty pertaining to a facility or property mortgaged to secure bonds or pertaining to the financing of a facility; and income and profit from the investment of the proceeds of bonds or of any revenues. See Alabama Code 11-97-2
  • revenues: With respect to any project, the rents, purchase installments, loan repayment proceeds, fees, charges and other moneys derived by the authority therefrom in connection with the lease, sale or financing thereof. See Alabama Code 16-18A-2
  • 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
  • SALES AND USE TAX: A tax imposed by the state sales and use tax statutes and such other acts applicable to Chilton County, including, but not limited to, Article 1 and Article 2 of Chapter 23, Title 40. See Alabama Code 45-11-246
  • seafoods: shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama. See Alabama Code 9-2-80
  • 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.
  • SPECIALTY CARE ASSISTED LIVING FACILITY: An institution or facility licensed as a specialty care assisted living facility under regulations of the State Board of Health. See Alabama Code 20-3-2
  • state: The State of Alabama. See Alabama Code 45-11-244.01
  • state: The State of Alabama. See Alabama Code 45-11-245.01
  • state: The State of Alabama. See Alabama Code 11-89A-2
  • state: The State of Alabama. See Alabama Code 11-92A-1
  • state: The State of Alabama. See Alabama Code 11-92B-1
  • state: The State of Alabama. See Alabama Code 11-95-2
  • state: The State of Alabama. See Alabama Code 11-97-2
  • state: The State of Alabama. See Alabama Code 45-27A-31.01
  • STATE DEPARTMENT OF REVENUE: The Department of Revenue of the state. See Alabama Code 45-11-244.01
  • STATE DEPARTMENT OF REVENUE: The Department of Revenue of the state. See Alabama Code 45-11-245.01
  • STATE SALES TAX: The tax or taxes imposed by the state sales tax statutes. See Alabama Code 45-11-244.01
  • STATE SALES TAX: The tax or taxes imposed by the state sales tax statutes. See Alabama Code 45-11-245.01
  • STATE SALES TAX STATUTES: Division 1 of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-11-244.01
  • STATE SALES TAX STATUTES: Division 1 of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-11-245.01
  • STATE USE TAX: The tax or taxes imposed by the state use tax statutes. See Alabama Code 45-11-244.01
  • STATE USE TAX: The tax or taxes imposed by the state use tax statutes. See Alabama Code 45-11-245.01
  • STATE USE TAX STATUTES: Article 2 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-11-244.01
  • STATE USE TAX STATUTES: Article 2 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-11-245.01
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscriber: A person who purchases or subscribes to a voice communications service and is able to receive it or use it periodically over time; provided, however, that for purposes of the imposition and collection of the statewide 911 charge the term subscriber shall not include the State of Alabama, the counties within the state, incorporated municipalities of the State of Alabama, county and city school boards, independent school boards, and all educational institutions and agencies of the State of Alabama, the counties within the state, or any incorporated municipalities of the State of Alabama. See Alabama Code 11-98-1
  • 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
  • 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

  • Summons: Another word for subpoena used by the criminal justice system.
  • TANNEHILL FURNACE AND FOUNDRY COMMISSION: The "Tannehill Furnace and Foundry Commission" created under Article 10 of Chapter 9 of Title 41. See Alabama Code 11-97-2
  • TECHNICAL PROPRIETARY INFORMATION: Technology descriptions, technical information, or trade secrets, including the term trade secrets as defined by the Alabama Trade Secrets Act of 1987, Chapter 27 of Title 8, and the actual or developmental costs thereof which are developed, produced, or received internally by a voice communications service provider or by its employees, directors, officers, or agents. See Alabama Code 11-98-1
  • 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.
  • 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.
  • trust: Any express trust, with additions thereto, wherever and however created, or any separate share of a trust, and includes any arrangement, other than an estate, which, although not a trust, has substantially the same effect as a trust. See Alabama Code 19-5-1
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • trustee: An original, additional, or successor trustee, whether or not appointed or confirmed by a court, and, in the case of an arrangement which is not a trust but which is treated as a trust for purposes of the GST, includes the person in actual or constructive possession of the property subject to such arrangement. See Alabama Code 19-5-1
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • user: Any person that receives, participates in, or otherwise partakes of utility services pursuant to a utility services agreement, and includes any governmental user. See Alabama Code 11-97-2
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • UTILITY SERVICES: Any services for (i) the collection, treatment, and delivery of water, whether such water is used for human consumption or industrial use, and (ii) the collection, treatment, and disposal of sewage, wastewater, industrial effluent, or other fluid waste. See Alabama Code 11-97-2
  • UTILITY SERVICES AGREEMENT: Any agreement between or among one or more users and one or more providers, whether such agreement is in the form of a lease, a service contract, a contract of sale, or in any other form, pursuant to which a provider or providers shall agree to provide one or more utility services to, or for the benefit of, such user or users under circumstances in which the facilities for the provision of such utility services are financed, in whole or in part, by a corporation. See Alabama Code 11-97-2
  • 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.
  • Verdict: The decision of a petit jury or a judge.
  • VOICE COMMUNICATIONS SERVICE: Any of the following:

    a. See Alabama Code 11-98-1

  • VOICE COMMUNICATIONS SERVICE PROVIDER: An entity that provides voice communications service to a subscriber in the State of Alabama. See Alabama Code 11-98-1
  • 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
  • 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.