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.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • 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.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • 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.
  • 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.
  • asset: Property of a debtor, but the term does not include:

    a. See Alabama Code 37-2-134

  • Asset: means property of a debtor, but the term does not include:

    (i) property to the extent it is encumbered by a valid lien;

    (ii) property to the extent it is generally exempt under nonbankruptcy law; or

    (iii) an interest in property held in tenancy in common for life with cross contingent remainder to the survivor in fee to the extent it is not subject to process by a creditor holding a claim against only one tenant. See Alabama Code 37-4-41

  • association: The Elmore County Firefighters Association. See Alabama Code 45-26-141.02
  • association: The Coosa County Association of Volunteer Fire Departments. See Alabama Code 45-19-141.02
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • 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 45-17A-83.04
  • 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 RESOLUTION: A resolution, adopted by a governing body in accordance with the provisions of Section 11-89-3, that authorizes the incorporation of a district. See Alabama Code 45-45A-41.22
  • AUTHORIZING SUBDIVISION: Any county or municipality or public corporation or cooperative the governing body of which shall have adopted an authorizing resolution. See Alabama Code 45-45A-41.22
  • 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.
  • Balanced budget: A budget in which receipts equal outlays.
  • 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
  • Bequeath: To gift property by will.
  • board: The board of directors of the authority. See Alabama Code 45-27A-31.01
  • board: The board of directors of a district. See Alabama Code 45-45A-41.22
  • board: The board of directors of the corporation. See Alabama Code 45-19-236
  • board: The Tuscumbia Utilities Board, created pursuant to the enabling law, and includes its successors and assigns, if any, and any agency or instrumentality that may succeed to its functions. See Alabama Code 45-17A-83
  • BOND FINANCING AGREEMENT: An agreement or other document relating to the sale or issuance of bonds including, but not limited to, a bond purchase agreement, a loan agreement, a refinancing agreement, or documents providing for bonds sold or issued on a competitive sale basis. See Alabama Code 45-17A-84
  • bonds: Includes bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-27A-31.01
  • bonds: Bonds, notes and certificates representing an obligation to pay money. See Alabama Code 45-45A-41.22
  • bonds: Bonds, bond anticipation notes, warrants, warrant anticipation notes, or indebtedness issued or entered into on behalf of the county or by the county commission for a term of at least three years or more. See Alabama Code 45-17A-84
  • budget year: shall mean the fiscal year for which any particular budget is adopted and in which it is administered. See Alabama Code 45-26A-70.07
  • business: A commercial or industrial establishment such as a store or factory, including any endeavor engaged in the buying or selling of commodities or services or involving a trade or the patronage of customers. See Alabama Code 45-19-141.02
  • candidate: An individual who has done any of the following:

    a. See Alabama Code 45-27A-31.05

  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Chambers: A judge's office.
  • 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.
  • city: The City of Brewton, Alabama. See Alabama Code 45-27A-31.01
  • CITY COUNCIL: The governing body of the City of Tuscumbia, Alabama. See Alabama Code 45-17A-83
  • claim: A right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured, and specifically shall include the nonpayment of child support pursuant to a court order. See Alabama Code 37-2-134
  • COMMERCIAL BUILDING: Any building that contains one or more separate business enterprises that purchase and display a business license applicable to the business enterprise. See Alabama Code 45-26-141.02
  • commission: The Elmore County Commission or other governing body of the county. See Alabama Code 45-26-141.02
  • commission: The State Ethics Commission created pursuant to Section 36-25-3. See Alabama Code 45-27A-31.05
  • commission: The Alabama Public Service Commission;

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

  • commission: The Coosa County Commission or other governing body of the county. See Alabama Code 45-19-141.02
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • CONCISE LEGAL DESCRIPTION: A reasonably concise description of a particular geographic area which may be by metes and bounds or by reference to government surveys, recorded maps and plats, municipal, county or state boundary lines, well-defined landmarks and other monuments, or any combination of the foregoing. See Alabama Code 45-45A-41.22
  • Continuance: Putting off of a hearing ot trial until a later time.
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 32-6-15
  • corporation: Any corporation organized pursuant to the provisions of this article. See Alabama Code 45-37-82.20
  • CORPORATION: A corporation organized pursuant to the provisions of this chapter. See Alabama Code 45-19-236
  • 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 45-17A-83.04
  • county: Elmore County, Alabama. See Alabama Code 45-26-141.02
  • county: Any county in the state. See Alabama Code 45-45A-41.22
  • county: Any county in this state with respect to which a corporation may be organized. See Alabama Code 45-37-82.20
  • county: Each county subject to the provisions of this chapter. See Alabama Code 45-18-240
  • county: Any county of the state. See Alabama Code 45-18-242.11
  • COUNTY: That county in the state in which the corporation shall be organized. See Alabama Code 45-19-236
  • county: Any county in the State of Alabama. See Alabama Code 45-28-84.03
  • county: Coosa County. See Alabama Code 45-19-141.02
  • creditor: A person who has a claim. See Alabama Code 37-2-134
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • debt: Liability on a claim. See Alabama Code 37-2-134
  • Debt: means liability on a claim. See Alabama Code 37-4-41
  • debtor: A person who is liable on a claim. See Alabama Code 37-2-134
  • Debtor: means a person that is liable on a claim. See Alabama Code 37-4-41
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: Any volunteer fire department with which the Elmore County Firefighters Association may enter into agreements with respect to providing fire protection, fire prevention, and related services and facilities within the county. See Alabama Code 45-26-141.02
  • department: Any volunteer fire department with which the Coosa County Association of Volunteer Fire Departments may enter into agreements with respect to providing fire protection, fire prevention, and related services and facilities within the county. See Alabama Code 45-19-141.02
  • Dependent: A person dependent for support upon another.
  • DESIGNATED FILING AGENT: An individual appointed and authorized as attorney in fact to electronically submit any report or other filing required by this chapter on behalf of a candidate, his or her principal campaign committee, or a political action committee. See Alabama Code 45-27A-31.05
  • Devise: To gift property by will.
  • director: A member of the board of the authority. See Alabama Code 45-27A-31.01
  • director: A member of the board of directors of the district. See Alabama Code 45-45A-41.22
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • district: A fire fighting district established by the Elmore County Firefighters Association. See Alabama Code 45-26-141.02
  • district: A public corporation organized pursuant to the provisions of this chapter. See Alabama Code 45-45A-41.22
  • district: A fire fighting district established by the Coosa County Association of Volunteer Fire Departments. See Alabama Code 45-19-141.02
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • donor: The United States of America, or the state, or any county in the state or any municipality or any department, division, board, bureau, institution or agency of any of the foregoing, or any person, firm or corporation, institution, foundation or other agency or any combination of any two or more such donors. See Alabama Code 45-18-242.11
  • donor: The United States of America, or the state, or any county in the state or any municipality or any department, division, board, bureau, institution, or agency of any of the foregoing, or any person, firm or corporation, institution, foundation, or other agency or any combination of any two or more such donors. See Alabama Code 45-28-84.03
  • dwelling: Any occupied or unoccupied building, structure, or other improvement to real property used or expected to be used as a dwelling for one or more persons, including specifically but not limited to the following:

    a. See Alabama Code 45-26-141.02

  • dwelling: Any occupied or unoccupied building, structure, or other improvement to real property used or expected to be used as a dwelling for one or more persons, including, specifically, but not limited to, the following:

    a. See Alabama Code 45-19-141.02

  • election: Unless otherwise specified, any general, special, primary, or runoff election, or any convention or caucus of a political party held to nominate a candidate, or any election at which a constitutional amendment or other proposition is submitted to the popular vote. See Alabama Code 45-27A-31.05
  • ELECTIONEERING COMMUNICATION: Any communication disseminated through any federally regulated broadcast media, any mailing, or other distribution, electronic communication, phone bank, or publication which (i) contains the name or image of a candidate; (ii) is made within 120 days of an election in which the candidate will appear on the ballot; (iii) the only reasonable conclusion to be drawn from the presentation and content of the communication is that it is intended to influence the outcome of an election; and (iv) entails an expenditure in excess of one thousand dollars ($1,000). See Alabama Code 45-27A-31.05
  • ENABLING LAW: Act No. See Alabama Code 45-17A-83
  • 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.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • FIRE PROTECTION FACILITY: Land, plants, systems, facilities, buildings, fire engines, fire hydrants, ladders, equipment, hoses, alarm apparatus, chemicals, uniforms, supplies or any combination of any thereof used or useful or capable of future use in furnishing fire protection service and all other property deemed necessary or desirable by the district for use in furnishing fire protection service. See Alabama Code 45-45A-41.22
  • FIRE PROTECTION FEE: A fee for fire protection and emergency medical services levied by the commission pursuant to the authorizing amendment and this part. See Alabama Code 45-26-141.02
  • FIRE PROTECTION FEE: A fee for fire protection and emergency medical services levied by the commission pursuant to the authorizing amendment and this part. See Alabama Code 45-19-141.02
  • FIRE PROTECTION SERVICE: All services involved in protecting property and life from fires, including, but not limited to, discovering, ascertaining, extinguishing, preventing the spread of or fighting fires or inspecting property for fire hazards or any part or combination thereof. See Alabama Code 45-45A-41.22
  • FISCAL YEAR: The 12-month period commencing on October 1 of one year and ending on September 30 of the next ensuing year. See Alabama Code 45-18-240
  • 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.
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • 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
  • GENERAL OBLIGATION INDEBTEDNESS: A bond financing agreement which, according to its terms, will be repaid from any funds at the disposal of the county commission. See Alabama Code 45-17A-84
  • GENERAL OPERATING EXPENSES: Any expense incurred by a county in the general operation and function of the county. See Alabama Code 45-17A-84
  • 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: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-27A-31.01
  • GOVERNING BODY: With respect to a county, its county commission, and, with respect to a municipality, its city or town council, board of commissioners or other like governing body and, with respect to a public corporation or a cooperative, its board of directors. See Alabama Code 45-45A-41.22
  • GOVERNING BODY: The commission of the county. See Alabama Code 45-37-82.20
  • GOVERNING BODY: The county commission, board of directors or other group or body which governs, controls or makes decisions for a grantee. See Alabama Code 45-18-242.11
  • GOVERNING BODY: The county commission in which the legislative functions of the county are vested by law. See Alabama Code 45-19-236
  • GOVERNING BODY: The council, commission, board of directors, or other group or body which governs, controls, or makes decisions for a grantee. See Alabama Code 45-28-84.03
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • grant: Any gift, grant, appropriation, donation, or advance by any donor, whether absolute or conditional, for any purpose. See Alabama Code 45-18-242.11
  • grant: Any gift, grant, appropriation, donation, or advance by any donor, whether absolute or conditional, for any purpose. See Alabama Code 45-28-84.03
  • grantee: Any county, or any department, board, bureau, commission or agency of any county, whether incorporated or not, acting on behalf of the county, or any public corporation, to which a grant is to be made. See Alabama Code 45-18-242.11
  • grantee: Any municipality, or any department, board, bureau, commissioner, or agency of any municipality, whether incorporated or not, acting on behalf of the municipality, or any public corporation, to which a grant is to be made. See Alabama Code 45-28-84.03
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • identification: The full name and complete address. See Alabama Code 45-27A-31.05
  • 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.
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-27A-31.01
  • incorporators: The persons forming a public corporation organized pursuant to the provisions of this chapter. See Alabama Code 45-45A-41.22
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insider: Includes:

    a. See Alabama Code 37-2-134

  • 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 45-17A-83.04

  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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.
  • JUDGE OF PROBATE: The Judge of Probate of Elmore County. See Alabama Code 45-26-141.02
  • JUDGE OF PROBATE: The Judge of Probate of Coosa County. See Alabama Code 45-19-141.02
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 30-3D-608
  • 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.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lien: A charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien. See Alabama Code 37-2-134
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Alabama Code 37-4-41
  • LIMITED OBLIGATION INDEBTEDNESS: Bonds which, according to their terms, are required to be paid solely from the proceeds of a specific tax, fee, license, charge, or other specific revenue stream. See Alabama Code 45-17A-84
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • loan: A transfer of money, property, or anything of value in consideration of a promise or obligation, conditional or not, to repay in whole or part. See Alabama Code 45-27A-31.05
  • LOCAL OFFICE: Any office under the constitution and laws of the state, except circuit, district, or legislative offices, filled by election of the registered voters of a single county or municipality, or by the voters of a division contained within a county or municipality. See Alabama Code 45-27A-31.05
  • month: means a calendar month. See Alabama Code 30-3D-608
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • mortgage: A mortgage or a mortgage and deed of trust. See Alabama Code 45-19-236
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • municipality: An incorporated city or town. See Alabama Code 45-26-141.02
  • municipality: An incorporated city or town of the state. See Alabama Code 45-45A-41.22
  • municipality: Any city or town incorporated under the laws of the state. See Alabama Code 45-28-84.03
  • municipality: An incorporated city or town. See Alabama Code 45-19-141.02
  • NET PRESENT VALUE SAVINGS: The projected cost savings to the county from refinancing any bonds, by comparing the net present value of the costs of the bonds proposed for refunding, including the original costs of issuance and the payment of principal and interest on the bonds proposed for refunding, with the net present value of the costs of the proposed bonds, including the costs of issuance and refinancing and the payment of principal and interest on the proposed bonds. See Alabama Code 45-17A-84
  • NEW TERRITORY: Any territory added, by amendment to the certificate of incorporation of a district, to the area or areas in which that district is authorized to render water service, fire protection service, sewer service or any thereof. See Alabama Code 45-45A-41.22
  • No true bill: A legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence to charge the defendant with violating a law. Also called a "no bill."
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • OPTION TO REDEEM: Any option retained by the county or municipality in the proceedings authorizing the issuance of securities whereunder such county or municipality has the option of calling for redemption or of paying on a specified date or dates at a specified price or prices all or any part of such securities as may be provided in such proceedings. See Alabama Code 45-28-91.04
  • OUTSTANDING WARRANTS: With respect to each county and as of any particular time:

    a. See Alabama Code 45-18-240

  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: A person owning one or more dwellings or commercial buildings. See Alabama Code 45-26-141.02
  • owner: A person owning one or more dwellings or businesses. See Alabama Code 45-19-141.02
  • 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.
  • 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, committee, association, corporation, labor organization, or any other organization or group of persons. See Alabama Code 45-27A-31.05
  • person: Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county, a cooperative, or an agency, department or instrumentality of the state or of a county or municipality or cooperative. See Alabama Code 45-45A-41.22
  • person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
  • person: An individual, partnership, corporation, association, organization, government, or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. See Alabama Code 37-2-134
  • Person: means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal or commercial entity. See Alabama Code 37-4-41
  • PERSONAL AND LEGISLATIVE LIVING EXPENSES: Household supplies, personal clothing, tuition payments, mortgage, rent, or utility payments for a personal residence; admission to an entertainment event or fees for a country club or social club, unless tied to a specific campaign event or functions involving constituents; and any other expense, excluding food and beverages, that would exist irrespective of the candidate's campaign or duties as a legislator. See Alabama Code 45-27A-31.05
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 30-3D-608
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • POLITICAL ACTION COMMITTEE: Any committee, club, association, political party, or other group of one or more persons, whether in-state or out-of-state, which receives or anticipates receiving contributions and makes or anticipates making expenditures to or on behalf of any Alabama state or local elected official, proposition, candidate, principal campaign committee or other political action committee. See Alabama Code 45-27A-31.05
  • POLITICAL PARTY: A political party as defined in Section 17-13-40. See Alabama Code 45-27A-31.05
  • 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 30-3D-608
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • PRINCIPAL CAMPAIGN COMMITTEE: The principal campaign committee designated by a candidate under Section 17-5-4. See Alabama Code 45-27A-31.05
  • 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
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of proceedings of the board of a district are kept. See Alabama Code 45-45A-41.22
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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 building or buildings designed for use and occupancy as a county courthouse or jail or for the supplying of offices and related facilities for officers and departments of the county and any agencies for which the county may lawfully furnish office facilities or any one or more thereof, together with any lands deemed by the board to be desirable in connection therewith. See Alabama Code 45-19-236
  • 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 45-17A-83.04
  • property: Real and personal property and interests therein. See Alabama Code 45-45A-41.22
  • property: Both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership. See Alabama Code 37-2-134
  • Property: means both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership. See Alabama Code 37-4-41
  • 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 45-17A-83.04
  • proposition: Any proposal for submission to the general public for its approval or rejection, including proposed as well as qualified ballot questions. See Alabama Code 45-27A-31.05
  • PUBLIC CORPORATION: Any public corporation organized under the laws of the state. See Alabama Code 45-45A-41.22
  • PUBLIC CORPORATION: Any board, authority or other county public corporation incorporated with the approval of, or more than one of the directors of which are elected or appointed by, the governing body of a county. See Alabama Code 45-18-242.11
  • PUBLIC CORPORATION: Any board, authority, or other municipal public corporation incorporated with the approval of, or the directors of which are elected or appointed by, the governing body of a municipality. See Alabama Code 45-28-84.03
  • 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 OFFICIAL: Any person elected to public office, whether or not that person has taken office, by the vote of the people at the state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. See Alabama Code 45-27A-31.05
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 30-3D-608
  • Recess: A temporary interruption of the legislative business.
  • REFUNDING WARRANTS: Warrants that may be issued under the provisions of Section 11-11-6. See Alabama Code 45-18-240
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • REVENUE COMMISSIONER: The Revenue Commissioner of Elmore County. See Alabama Code 45-26-141.02
  • REVENUE COMMISSIONER: The Revenue Commissioner of Coosa County. See Alabama Code 45-19-141.02
  • 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 45-17A-83.04
  • rights-of-way: as used in this title does not authorize the commission to prescribe the location or the routing of any pipeline facility;

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

  • 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 35-4-73
  • securities: One or more bonds, notes, warrants or certificates of indebtedness of a county or public corporation. See Alabama Code 45-18-242.11
  • securities: One or more bonds, notes, warrants, or certificates of indebtedness of a municipality or public corporation. See Alabama Code 45-28-84.03
  • securities: All types of bonds, warrants, certificates of indebtedness, notes and all evidences of indebtedness issued by any county or municipality in this state. See Alabama Code 45-28-91.04
  • SERVICE AREA: The geographic area or areas in which a district is authorized by its certificate of incorporation or any amendment thereto to render water service, fire protection service, sewer service or any thereof, which area may include both territory located outside the boundaries of any municipality and territory located within the boundaries of one or more municipalities. See Alabama Code 45-45A-41.22
  • 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.
  • SEWER SERVICE: All services involved in collecting, transporting, treating and disposing of sanitary sewage or solid wastes and the performing of all functions and activities reasonably incident to the operation of a sewer system. See Alabama Code 45-45A-41.22
  • SEWER SYSTEM: A sanitary sewer system, including mains, laterals, sewage disposal plants and sewage treatment plants and all appurtenances to such a system and all properties, rights, easements and franchises deemed necessary or desirable by the district for use in rendering sewer services. See Alabama Code 45-45A-41.22
  • SOLID WASTES: All solid wastes and hazardous wastes as the same are defined in Article 1 of Chapter 27 of Title 22. See Alabama Code 45-45A-41.22
  • special corporation: shall mean any corporation organized pursuant to this article. See Alabama Code 45-46-242.04
  • state: The State of Alabama. See Alabama Code 45-26-141.02
  • state: The State of Alabama. See Alabama Code 45-27A-31.01
  • state: The State of Alabama. See Alabama Code 45-27A-31.05
  • state: The State of Alabama. See Alabama Code 45-45A-41.22
  • state: The State of Alabama. See Alabama Code 45-18-240
  • state: The State of Alabama. See Alabama Code 45-18-242.11
  • STATE: The State of Alabama. See Alabama Code 45-19-236
  • state: The State of Alabama. See Alabama Code 45-28-84.03
  • state: The State of Alabama. See Alabama Code 45-19-141.02
  • STATE OFFICE: All offices under the constitution and laws of the state filled by election of the registered voters of the state or of any circuit or district and shall include legislative offices. See Alabama Code 45-27A-31.05
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 30-3D-608
  • Summons: Another word for subpoena used by the criminal justice system.
  • SUPPLY DISTRICT: A district which renders sewer service or water service only to one or more counties, municipalities, or other public corporations, a cooperative, or to one or more customers of a county, municipality, public corporation, or a cooperative at its written request. See Alabama Code 45-45A-41.22
  • SWAP AGREEMENT: A swap agreement as defined in Article 3, commencing with Section 41-1-40, of Chapter 1 of Title 41. See Alabama Code 45-17A-84
  • 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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • 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.
  • transfer: Every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Alabama Code 37-2-134
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See Alabama Code 37-4-41
  • True bill: Another word for indictment.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 30-3D-608
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • VALID LIEN: A lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Alabama Code 37-2-134
  • Valid lien: means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Alabama Code 37-4-41
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • WATER SERVICE: The providing, furnishing, supplying or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system. See Alabama Code 45-45A-41.22
  • WATER SYSTEMS: Land, plants, systems, facilities, buildings and other property or any combination of any thereof which are used or useful or capable of future use in providing, furnishing, supplying or distributing water, including, but not limited to, water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, tanks, filtration plants, purification plants, meters, valves and all necessary appurtenances and equipment and all properties, rights, easements and franchises deemed necessary or desirable by the district for use in rendering water service. See Alabama Code 45-45A-41.22
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 30-3D-608