Article 1 General Provisions 9-13-1 – 9-13-25
Article 2 Auxiliary State Forests 9-13-40 – 9-13-50
Article 3 Regulations as to Cutting, Removal, Purchase, etc., of Forest Products 9-13-60 – 9-13-65
Article 4 Forest Products Privilege and Severance Taxes 9-13-80 – 9-13-110
Article 5 Protection of Forest Trees from Insect Infestation or Tree Disease Infection 9-13-120 – 9-13-126
Article 6 Fire Prevention in Emergency Drought Conditions 9-13-140 – 9-13-142
Article 7 County Taxes and Assessments for Forest and Forest Fire Protection 9-13-160 – 9-13-187
Article 7A State Assessment for Forest Fire Protection and Prevention 9-13-188 – 9-13-198
Article 8 Southeastern Interstate Forest Fire Protection Compact 9-13-200 – 9-13-201
Article 9 Timber Theft Equipment Condemnation 9-13-220 – 9-13-227
Article 10 Ginseng Regulation 9-13-240 – 9-13-250
Article 11 Prescribed Burning 9-13-270 – 9-13-274

Terms Used In Alabama Code > Title 9 > Chapter 13

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • advertisement: A commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for instore merchandising aids. See Alabama Code 8-25-1
  • 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.
  • affiliate: A person who controls, is controlled by, or is under common control with another person. See Alabama Code 10A-1-1.03
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.
  • APPEARANCE BOND: An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of the State of Alabama or the municipality, a specified sum of money upon the failure of a person released to comply with its conditions. See Alabama Code 15-13-101
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • AREA OF SALES RESPONSIBILITY: The geographical area, agreed to by the dealer and the manufacturer or the distributor or in the manufacturer and dealer agreement, within which the dealer has the exclusive right to display or sell new recreational vehicles of a particular line-make of the manufacturer or distributor to the retail public. See Alabama Code 8-21C-2
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • authority: A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. See Alabama Code 11-88-40
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bequest: Property gifted by will.
  • board: The Board of Control of the Public Education Employees' Defined Contribution Savings Fund. See Alabama Code 16-25C-2
  • board: The State Board of Agriculture and Industries. See Alabama Code 9-13-241
  • board: The board of directors of an authority. See Alabama Code 11-88-40
  • 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 11-8A-1
  • 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 11-8A-1
  • BUSINESS DAY: A day, other than a Saturday or a Sunday, on which commercial banking institutions are open for business in the State of Alabama and a day on which the payment system of the Federal Reserve System is operational. See Alabama Code 11-8A-1
  • CAMPING TRAILER: A vehicular unit that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. See Alabama Code 8-21C-2
  • CAPITAL EXPENDITURE: Any cost or expense of a type that is properly chargeable to a capital account under general federal income tax principles. See Alabama Code 11-8A-1
  • Capital offense: A crime punishable by death.
  • CERTIFIED PRESCRIBED BURN MANAGER: An individual who successfully completes a certification program approved by the Alabama Forestry Commission. See Alabama Code 9-13-272
  • Chambers: A judge's office.
  • CHIEF EXECUTIVE OFFICER: The chief administrative officer of the employing board, including the superintendent of any public county or city school system, the President of the Alabama Institute for Deaf and Blind, and the Superintendent of the Department of Youth Services School District. See Alabama Code 16-24B-2
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • 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
  • collect: To dig, cut or otherwise remove any ginseng from the location where it grew for the specific purpose of export. See Alabama Code 9-13-241
  • commission: The Alabama Forestry Commission. See Alabama Code 9-13-189
  • commission: The Alabama Public Service Commission;

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

  • commissioner: The Commissioner of Revenue of the State of Alabama. See Alabama Code 9-13-80
  • commissioner: The Commissioner of Agriculture and Industries or his designated representative. See Alabama Code 9-13-241
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • CONCENTRATION YARD: A place where logs, pulpwood, or inwoods pulpwood chips severed in Alabama are brought or received within the State of Alabama in a green or rough form or condition for resale to processors or manufacturers or for shipment out of state. See Alabama Code 9-13-80
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • 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
  • consumer: An individual who leases personal property under a rental-purchase agreement. See Alabama Code 8-25-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • CONTINUING COMMERCIAL RELATIONSHIP: Any relationship in which the equipment dealer has been granted the right to sell and/or service equipment manufactured by the supplier. See Alabama Code 8-21A-2
  • CONTRACT PRINCIPAL: Includes only those persons hired on or after July 1, 2000, and certified for the position of principal as prescribed by the State Board of Education and who are employed by an employing board as the chief administrator of a school, including a vocational center. See Alabama Code 16-24B-2
  • CONTRACT YEAR: Period of contract principal's employment up to 12 months mutually agreed upon by the contract principal and employing board. See Alabama Code 16-24B-2
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 10A-1-1.03
  • CONTROL ZONE: An area of potential or actual infestation or infection, the boundaries of which are fixed and clearly described in a manner definitely identifying the zone. See Alabama Code 9-13-120
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • council: The Interagency Coordinating Council as established in Section 21-3A-4. See Alabama Code 21-3A-3
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means Clay County. See Alabama Code 45-14-243.01
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • 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
  • CULTIVATED GINSENG: Ginseng that has been planted and cultivated by standard horticultural practices. See Alabama Code 9-13-241
  • CURRENT NET PRICE: The dealer's price as listed in the supplier's effective price list and/or catalog. See Alabama Code 8-21A-2
  • day: A calendar day. See Alabama Code 16-24B-2
  • dealer: Any person, firm, corporation, or business engaged in the business of selling recreational vehicles to the general public and that maintains a permanent business establishment including a service and repair facility which offers mechanical services for the recreational vehicles it sells. See Alabama Code 8-21C-2
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: The Department of Revenue of the State of Alabama. See Alabama Code 9-13-80
  • department: The Department of Agriculture and Industries. See Alabama Code 9-13-241
  • Dependent: A person dependent for support upon another.
  • 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:
  • disparagement: The dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. See Alabama Code 6-5-621
  • 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
  • distributor: Any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers. See Alabama Code 8-21C-2
  • district: A communication district created pursuant to this chapter. See Alabama Code 11-98-1
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • DRIED GINSENG: Ginseng roots that have been dried to remove moisture. See Alabama Code 9-13-241
  • EARLY INTERVENTION SERVICES: Any developmental services that:

    a. See Alabama Code 21-3A-3

  • EARLY INTERVENTION SYSTEM: The total effort in the state that is directed at meeting the needs of eligible infants and toddlers and their families. See Alabama Code 21-3A-3
  • ELIGIBLE EMPLOYER: An employer or other entity who compensates a participant for the public service. See Alabama Code 16-25C-2
  • ELIGIBLE INFANTS AND TODDLERS: Individuals, from birth through age two, inclusive, who need early intervention services because of one or both of the following:

    a. See Alabama Code 21-3A-3

  • EMPLOYING BOARD: Includes all local boards of education, the Board of Trustees of the Alabama Institute for Deaf and Blind, and the Alabama Youth Services Board in its capacity as the Board of Education for the Department of Youth Services School District. See Alabama Code 16-24B-2
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • entity: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • equipment: Machines designed for or adapted and used for agriculture, horticulture, irrigation for agriculture or horticulture, livestock, grazing, lawn and garden, and/or light industrial purposes. See Alabama Code 8-21A-2
  • 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
  • Executrix: The female counterpart of an executor. See also
  • export: To transport, deliver or cause to be transported or delivered to any person or place for the purpose of transportation from any place in this state to any place outside this state. See Alabama Code 9-13-241
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • FACTORY CAMPAIGN: An effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue. See Alabama Code 8-21C-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.
  • FAMILY MEMBER: A spouse or a child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof. See Alabama Code 8-21C-2
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • FIFTH WHEEL TRAILER: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. See Alabama Code 8-21C-2
  • 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
  • FOREST LAND: Any land which supports a forest growth or which is being used or reserved for any forest purpose and is classified as Class III forest property in Section 40-8-1(b)(1), but excludes land within the city limits of any incorporated municipality. See Alabama Code 9-13-189
  • FOREST PRODUCTS: Logs, pulpwood, poles, pilings, inwoods pulpwood chips, and stumpwood (tarwood). See Alabama Code 9-13-80
  • FOREST TREES: Only those trees which are a part of and constitute a stand of potential, immature or mature commercial timber trees; provided, however, that such term shall be deemed to include shade trees of any species around houses, along highways and within cities and towns if the same constitute an insect or disease menace to nearby timber trees or timber stands. See Alabama Code 9-13-120
  • forestland: Land on which forest trees occur. See Alabama Code 9-13-120
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Public Education Employees' Defined Contribution Savings Fund. See Alabama Code 16-25C-2
  • 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 11-8A-1
  • GENERAL OPERATING EXPENSES: Any expense incurred by a county in the general operation and function of the county. See Alabama Code 11-8A-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • ginseng: The plant Panax quinquefolius L. See Alabama Code 9-13-241
  • GINSENG COLLECTOR: Any person who intentionally removes wild ginseng from the location in which the plant grew for the purpose of sale, resale or export. See Alabama Code 9-13-241
  • GINSENG DEALER: Any person who collects or purchases ginseng for the purpose of reselling, selling, manufacturing or exporting same. See Alabama Code 9-13-241
  • GINSENG GROWER: Any person who grows cultivated ginseng as a commercial crop. See Alabama Code 9-13-241
  • GOOD CAUSE: Failure of the dealer to substantially comply with requirements of the dealer agreement, provided such requirements are not different from, nor enforced differently than those requirements imposed on other similarly situated dealers. See Alabama Code 8-21A-2
  • GREEN GINSENG: Ginseng roots retaining moisture, not dried. See Alabama Code 9-13-241
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • INDIVIDUALIZED FAMILY SERVICE PLAN: A process which includes the development of a written plan containing the required elements designed to address the needs of eligible infants and toddlers and their families in accordance with Section 1477 of Title 20 of the United States Code. See Alabama Code 21-3A-3
  • infestation: Infestation by means of any insect which is dangerously injurious to forest trees; such term shall mean infection by any disease affecting forest trees which is dangerously injurious to same. See Alabama Code 9-13-120
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: A person who is unable to pay the person's debts as they become due in the usual course of business or affairs. See Alabama Code 10A-1-1.03
  • Interest: means either or both of the following rights under the governing statute governing an unincorporated entity:

    (i) the right to receive distributions from the entity either in the ordinary course or upon liquidation; or

    (ii) the right to receive notice or vote on issues involving its internal affairs, other than as an agent, assignee, proxy, or person responsible for managing its business and affairs. See Alabama Code 10A-2A-1.40

  • Interest holder: means a person who holds of record an interest. See Alabama Code 10A-2A-1.40
  • 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
  • Intestate: Dying without leaving a will.
  • inventory: Tractors, farm implements, machinery, equipment, lawn and garden tractors and equipment, light industrial tractors and equipment, and repair parts held by the dealer. See Alabama Code 8-21A-2
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • JUDICIAL OFFICER: Any supreme court, appellate court, circuit court, district court, or municipal court judge or any magistrate of any court in this state. See Alabama Code 15-13-101
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • 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.
  • LEAD AGENCY: The Alabama Department of Education. See Alabama Code 21-3A-3
  • Legacy: A gift of property made by will.
  • lessee: Any person who leases land for a period over five years for the purpose of producing or causing to be produced, for market, forest or timber products. See Alabama Code 9-13-189
  • 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 11-8A-1
  • LINE-MAKE: A specific series of recreational vehicle products that meets all of the following specifications:

    a. See Alabama Code 8-21C-2

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOCAL COORDINATING COUNCIL: A working group of interagency representatives, parents and other family members, and others at the local or regional level. See Alabama Code 21-3A-3
  • 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
  • manufacturer: As applied to logs suitable for manufacture into lumber, plywood, veneer, or other solid wood product, the person who operates the sawmill or plant in which the products are manufactured; as applied to pulpwood, the person who operates the paper or pulp mill, oriented strand board mill, pellet mill, or other plant in which the products are manufactured; as applied to poles and pilings, the person who purchases from the producer; as applied to stumpwood, the person who operates the plant or retort in which the product is utilized. See Alabama Code 9-13-80
  • manufacturer: Any person, firm, corporation, or business entity that engages in the manufacture of recreational vehicles. See Alabama Code 8-21C-2
  • MANUFACTURER AND DEALER AGREEMENT: A written agreement or contract entered into between a manufacturer or a distributor and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles. See Alabama Code 8-21C-2
  • mediator: A person who is experienced in the field of alternative dispute resolution, and/or a person who has completed a course of training in alternative dispute resolution, and/or has been recognized as an arbitrator by an entity regularly engaged in providing arbitration services. See Alabama Code 16-24B-2
  • merchandise: The personal property that is the subject of a rental-purchase agreement. See Alabama Code 8-25-1
  • merchant: A person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement, and includes a person who is assigned an interest in a rental-purchase agreement. See Alabama Code 8-25-1
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Month: means the calendar month. See Alabama Code 45-14-243.01
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • MOTOR HOME: A motorized, vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use. See Alabama Code 8-21C-2
  • 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
  • multidisciplinary: The involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities and development of the individualized family service plan. See Alabama Code 21-3A-3
  • 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 11-8A-1
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: Any person who is engaged in and has an economic risk in the business of producing or causing to be produced, for market, forest or timber products. See Alabama Code 9-13-189
  • parent: A parent, a guardian, a person acting as a parent of a child, or an appointed surrogate parent. See Alabama Code 21-3A-3
  • participant: A person who elects to participate in the fund who makes voluntary employee contributions into a 457 deferred compensation plan or a 403(b) tax sheltered annuity plan and who is a member of the Teachers' Retirement System. See Alabama Code 16-25C-2
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • PERISHABLE FOOD PRODUCT OR COMMODITY: Any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a short period of time. See Alabama Code 6-5-621
  • person: Any individual, firm, copartnership, association, corporation, receiver, trustee, or any other group or combination acting as a unit. See Alabama Code 9-13-80
  • person: An individual, partnership, corporation, company, society or association. See Alabama Code 9-13-120
  • person: Any individual, partnership, corporation, company, society, or association, or other business entity. See Alabama Code 9-13-189
  • person: Any individual, corporation, company, society, association or other business entity. See Alabama Code 9-13-241
  • 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 2-1-1
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • policies: The state statutes, regulations, orders of the Governor, directives by the lead agency, participating agencies, the Executive Committee, or other written documents that represent the position of the state concerning any matter within the purview of this chapter. See Alabama Code 21-3A-3
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • PRESCRIBED BURNING: The controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural, agricultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives. See Alabama Code 9-13-272
  • prescription: A written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural, and wildlife management objectives. See Alabama Code 9-13-272
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • principal: Includes only those persons hired before July 1, 2000, and certified for the position of principal as prescribed by the State Board of Education and who are employed by an employing board as the chief administrator of a school, including a vocational center. See Alabama Code 16-24B-2
  • principal: Any person who does all of the following:

    a. See Alabama Code 8-24-1

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • PROBATIONARY PRINCIPAL: Any principal hired for the first time in any local school system as a principal on or after July 1, 2000. See Alabama Code 16-24B-2
  • processor: A chip mill or other facility that receives forest products from a producer and further processes those forest products before delivery to a manufacturer. See Alabama Code 9-13-80
  • producer: Any person engaging or continuing to engage in this state in the business of severing timber or any other forest products from the soil, whether as owner, lessee, concessionaire, or contractor. See Alabama Code 9-13-80
  • PROFESSIONAL ASSOCIATION: A professional association as defined in Chapter 30. See Alabama Code 10A-1-1.03
  • PROFESSIONAL BAIL COMPANY: A person, individual proprietor, partnership, corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration. See Alabama Code 15-13-101
  • PROFESSIONAL BONDSMAN: An individual person or agent employed by a professional surety company or professional bail company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company or a professional bail company. See Alabama Code 15-13-101
  • PROFESSIONAL SURETY COMPANY: An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Alabama Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the State of Alabama. See Alabama Code 15-13-101
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
  • property: Only land which has been subdivided and platted. See Alabama Code 11-88-40
  • PROPRIETARY PART: Any part manufactured by or for and sold exclusively by the manufacturer. See Alabama Code 8-21C-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PUBLIC AGENCY: A department, commission, council, board, division, service, private community provider, or an office or administration that is responsible for providing services to eligible infants and toddlers and their families pursuant to this chapter, including, but not limited to, the following:

    a. See Alabama Code 21-3A-3

  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • 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 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
  • purchase: To acquire, obtain or receive or to attempt to acquire, obtain or receive by exchange of money or other valuable consideration and specifically includes barter or exchange. See Alabama Code 9-13-241
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • RECREATIONAL VEHICLE: A motor home, travel trailer, fifth wheel trailer, camping trailer, and truck camper. See Alabama Code 8-21C-2
  • regulations: The regulations implementing Part H of Public Law 99-457 as amended (20 U. See Alabama Code 21-3A-3
  • RELEVANT MARKET AREA: The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise. See Alabama Code 8-21A-2
  • RENTAL-PURCHASE AGREEMENT: An agreement for the use of merchandise by a consumer for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, and that permits the consumer to become the owner of the merchandise. See Alabama Code 8-25-1
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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

  • SALES REPRESENTATIVE: Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales. See Alabama Code 8-24-1
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2A-8. See Alabama Code 10A-2A-1.40
  • sell: Dispose of, transfer or convey or attempt to dispose of, transfer or convey by exchange of money or other valuable consideration and specifically includes barter or exchange. See Alabama Code 9-13-241
  • SERVICE COORDINATION: The case management and other activities carried out by a service coordinator to assist and enable a child eligible under Part H of Public Law 99-457 as amended (20 U. See Alabama Code 21-3A-3
  • SERVICE PROVIDER: Any individual or public or private agency who does all or any of the following:

    a. See Alabama Code 21-3A-3

  • 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.
  • sever: To fell, cut, or otherwise separate from the soil. See Alabama Code 9-13-80
  • State sales tax: means the tax imposed by the state sales tax statutes. See Alabama Code 45-14-243.01
  • State sales tax statutes: means Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, which levy a certain retail sales tax, and include all statutes, including amendments to those sections, which expressly set forth any exemptions from the computation of the tax levied by those sections and all other statutes which expressly apply to, or purport to affect, the administration of those sections and the incidence and collection of the tax imposed therein. See Alabama Code 45-14-243.01
  • 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.
  • 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
  • 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.
  • supplier: The manufacturer, wholesaler, or distributor of the tractor, equipment, lawn and garden equipment, light industrial tractors and equipment, and/or repair parts to be sold by the dealer. See Alabama Code 8-21A-2
  • supplier: Any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components. See Alabama Code 8-21C-2
  • 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 11-8A-1
  • taxpayer: Any person liable for taxes under this article. See Alabama Code 9-13-80
  • 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
  • termination: The termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement. See Alabama Code 8-21A-2
  • termination: The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract. See Alabama Code 8-24-1
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • 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.
  • TRANSIENT CUSTOMER: A customer who is temporarily traveling through a dealer's area of sales responsibility. See Alabama Code 8-21C-2
  • TRAVEL TRAILER: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit when towed by a motorized vehicle. See Alabama Code 8-21C-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • TRUCK CAMPER: A portable unit, constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides and designed to be loaded onto and unloaded from the back of a pickup truck. See Alabama Code 8-21C-2
  • 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
  • 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
  • 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
  • warrantor: Any person, firm, corporation, or business entity, including any manufacturer or distributor, that provides a written warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components thereof. See Alabama Code 8-21C-2
  • Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
  • WILD GINSENG: Ginseng in, or collected from its native habitat, notwithstanding whether the ginseng occurs naturally from that habitat or was introduced or increased in abundance by the actions of humans, including, but not limited to, sowing ginseng seed or by transplanting ginseng plants from other areas. See Alabama Code 9-13-241
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • WRITTEN NOTICE: In addition to a delivered written notice, such notice shall include notice by any other accepted means including, but not limited to, notice by "electronic mail" or its equivalent. See Alabama Code 8-21A-2