Article 1 Conservation and Regulation of Production 9-17-1 – 9-17-35
Article 2 Leases 9-17-50 – 9-17-69
Article 3 Unit Operations 9-17-80 – 9-17-88
Article 4 Liquefied Petroleum Gas 9-17-100 – 9-17-110
Article 4A LP-Gas Room Heaters 9-17-120 – 9-17-125
Article 5 Coalbed Methane Gas Well Plugging Fund 9-17-130 – 9-17-139
Article 6 Underground Gas Storage 9-17-150 – 9-17-157
Article 7 Alabama Propane Education and Research Act of 2009 9-17-170 – 9-17-179

Terms Used In Alabama Code > Title 9 > Chapter 17

  • ABLE PROGRAM: The Achieving a Better Life Experience Program established pursuant to this chapter and defined in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to assist individuals and families to save private funds to support individuals with disabilities to maintain health, independence, and quality of life. See Alabama Code 16-33C-3
  • ABLE SAVINGS ACCOUNT: An individual ABLE trust fund account established by a contributor pursuant to this chapter to apply distributions from the account toward qualified disability expenses for an eligible designated beneficiary, both terms as defined in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law. See Alabama Code 16-33C-3
  • ABLE TRUST FUND: The fiduciary trust fund established pursuant to this chapter comprised of separate and segregated ABLE savings accounts as established by savings agreements. See Alabama Code 16-33C-3
  • ACES ADMINISTRATIVE FUND: The ACES Administrative Fund created in Section 16-33C-10. See Alabama Code 16-33C-3
  • ACES PROGRAM: The Alabama College Education Savings Program, a qualified program established pursuant to this chapter and as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to assist individuals and families to save funds for the purpose of meeting the qualified higher education expenses of the designated beneficiary. See Alabama Code 16-33C-3
  • ACES SAVINGS ACCOUNT: An individual ACES account held in the ACES Trust Fund established by a contributor pursuant to this chapter in order to apply distributions from the account toward qualified higher education expenses at eligible educational institutions for an eligible designated beneficiary, with terms as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law. See Alabama Code 16-33C-3
  • ACES TRUST FUND: The fiduciary trust fund created in Section 16-33C-10. See Alabama Code 16-33C-3
  • ache: The Alabama Commission on Higher Education. See Alabama Code 16-33A-1
  • ache: The Alabama Commission on Higher Education. See Alabama Code 16-33B-1
  • administrator: The director of the plans and programs of the Department of Conservation and Natural Resources. See Alabama Code 9-7A-2
  • 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.
  • agreement: An interstate agreement for simplification and uniformity of taxation among member states in order to reduce the burden of tax compliance for sellers and for all types of commerce and to provide a means by which sales and use taxes may be collected from remote sellers. See Alabama Code 40-23-171
  • agriculture: The art or science of cultivating the ground and raising and harvesting crops, including also feeding, breeding, and management of livestock and poultry; tillage; husbandry; or farming. See Alabama Code 9-17-171
  • Alabama affiliated group: means a group of corporations, each member of which is subject to tax under Section 40-18-31 and Public Law 86-272 (15 U. See Alabama Code 40-18-39
  • ALABAMA RESIDENT: A person who has been domiciled in the State of Alabama for a period of at least 12 consecutive months immediately preceding application for a grant under the Alabama Student Grant Program. See Alabama Code 16-33A-1
  • ALLOCATED FUNDS: That portion of the funds appropriated to the commission that are allocated by the commission to the soil and water conservation district in each county of the state. See Alabama Code 9-8A-1
  • applicant: A natural person who files a written application with the Governor in accordance with the provisions of Section 9-6-4. See Alabama Code 9-6-2
  • applicant: Any county, or municipality; or state, county or municipal agency having legal authority to hold title to real property, or any combination of the above named entities. See Alabama Code 9-7A-2
  • APPOINTING AUTHORITY: The city council and mayor, who shall appoint all heads of departments, and the civil service board, who shall appoint all other covered employees, as established by state law, city ordinance, or other legal requirement. See Alabama Code 45-17A-50.01
  • APPOINTING AUTHORITY: The mayor and council shall appoint all department heads and the civil service board shall hire all other covered employees, as established by state law, city ordinance, or other legal requirement. See Alabama Code 45-17A-82.01
  • Appraisal: A determination of property value.
  • APPROVED INSTITUTION: Any independent nonprofit postsecondary institution of higher learning located in the State of Alabama which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, any independent nonprofit postsecondary institution of higher learning whose credits are accepted by at least three other institutions which are accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, or any independent postsecondary institution of higher learning with a permanent facility offering classroom instruction located in Montgomery County, Alabama, which has been incorporated and in continuous operation for over 50 years and which has been accredited for over 10 years by the Commission on Colleges of the Southern Association of Colleges and Schools, prior to July 1, 2010. See Alabama Code 16-33A-1
  • APPROVED LENDER: Any eligible institution, or any bank, trust company, savings and loan association, credit union, pension fund, or insurance company, whose primary consumer credit function is not the making of insured student loans and which is examined and supervised by the appropriate state or federal regulatory agency or any other institution or agency defined as an eligible lender in accordance with the Federal Student Loan Law. See Alabama Code 16-33B-1
  • AREA OF OPERATION: The area specified in the certificate of incorporation of the authority, within which the authority is empowered to carry on its business and activities under this chapter. See Alabama Code 9-6-2
  • 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.
  • article: Such term, when referring to a cosmetic, is used in the broad and comprehensive sense and has reference to the cosmetic product in question. See Alabama Code 20-1-50
  • associate: When used to indicate a relationship with:

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

    (i) an officer or governing person; or

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

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

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

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

  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 10A-1-1.03
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: The Shoals Economic Development Authority, an agency or instrumentality of the county and Lauderdale County created pursuant to Subpart 1 and Act 95-409, and includes its successors and assigns, if any, and any agency or instrumentality that may succeed to its functions. See Alabama Code 45-17-243
  • authority: A public corporation organized pursuant to the provisions of this chapter. See Alabama Code 9-6-2
  • authority: A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. See Alabama Code 11-88-40
  • AUTHORIZED INVESTMENTS: Bonds or other obligations of, or guaranteed by, the United States of America or the state, or interest bearing bank and savings and loan association deposits or obligations, obligations of any agency of the United States of America, any obligations in which a state chartered savings and loan association may invest its funds, any agreement to repurchase any of the foregoing, or any thereof. See Alabama Code 9-8A-1
  • 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.
  • Beneficial stockholder: means a person who owns the beneficial interest in stock, which may be a record stockholder or a person on whose behalf shares of stock are registered in the name of an intermediary or nominee. See Alabama Code 10A-2A-1.40
  • Bequest: Property gifted by will.
  • board: The civil service board created by this part. See Alabama Code 45-17A-50.01
  • board: The civil service board created by this part. See Alabama Code 45-17A-82.01
  • 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
  • board: The Alabama Liquefied Petroleum Gas Board. See Alabama Code 9-17-100
  • board: The board of directors of an authority. See Alabama Code 9-6-2
  • board: The Office of State Planning and Federal Programs established pursuant to Sections 41-9-205 through 41-9-214. See Alabama Code 9-7-10
  • board: The board of directors of an authority. See Alabama Code 11-88-40
  • board: The State Board of Agriculture and Industries. See Alabama Code 20-1-20
  • BOARD OF DIRECTORS: The group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated. See Alabama Code 10A-3-1.02
  • bonds: Such term shall include bonds, notes, debentures and certificates representing an obligation to pay money. See Alabama Code 9-6-2
  • branch: A local unit of an LP-gas business that is one or more of the following:

    a. See Alabama Code 9-17-100

  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2 or Chapter 2A, as applicable. See Alabama Code 10A-1-1.03
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 10A-1-1.03
  • bylaws: The code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which the rules are designated. See Alabama Code 10A-3-1.02
  • cash: Any legal tender, negotiable paper, or solvent credit. See Alabama Code 40-18-1
  • CERTIFICATE OF DISSOLUTION: Any document such as a certificate of dissolution, statement of dissolution, or articles of dissolution, required or permitted to be filed publicly with respect to an entity's dissolution and winding up of its business, activity, activities, not for profit activity, or affairs. See Alabama Code 10A-1-1.03
  • CERTIFICATE OF OWNERSHIP: An instrument evidencing an ownership interest or membership interest in an entity. See Alabama Code 10A-1-1.03
  • CERTIFICATED OWNERSHIP INTEREST: An ownership interest of a domestic entity represented by a certificate. See Alabama Code 10A-1-1.03
  • certification: Duly authenticated by the proper officer or filing officer of the jurisdiction the laws of which govern the internal affairs of an entity. See Alabama Code 10A-1-1.03
  • 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 Muscle Shoals, Alabama. See Alabama Code 45-17A-50.01
  • city: The City of Tuscumbia, Alabama. See Alabama Code 45-17A-82.01
  • CITY COUNCIL: The governing body of the City of Tuscumbia, Alabama. See Alabama Code 45-17A-83
  • COASTAL AREA: The coastal waters, including the lands therein and thereunder, and the adjacent shorelands, including the waters therein and thereunder, strongly influenced by each and in proximity to the shorelines of Alabama and including transitional and intertidal areas, salt marshes, wetlands, and beaches. See Alabama Code 9-7-10
  • COASTAL WATERS: Those waters, adjacent to the shoreline, which contain a measurable quantity or percentage of sea water, including but not limited to, sounds, bays, lagoons, bayous, ponds and estuaries. See Alabama Code 9-7-10
  • code: The Code of Alabama 1975, and all amendments thereto. See Alabama Code 45-17-243
  • commission: The Alabama Agricultural and Conservation Development Commission organized pursuant to the provisions of the Constitution of Alabama of 1901, as amended, and this chapter. See Alabama Code 9-8A-1
  • commissioner: The Commissioner of the Department of Conservation and Natural Resources. See Alabama Code 9-7A-2
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 20-1-20
  • committee: The Shoals Industrial Development Committee, an agency or instrumentality of the county and Lauderdale County, created pursuant to Part 2 (commencing with Section 45-17-91. See Alabama Code 45-17-243
  • 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.
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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
  • contributor: Any person who contributes money to an ACES Program savings account or an ABLE Program savings account established pursuant to this chapter on behalf of a designated beneficiary and who is listed as the owner of the savings account. See Alabama Code 16-33C-3
  • CONVERTED ENTITY: An entity resulting from a conversion. See Alabama Code 10A-1-1.03
  • CONVERTING ENTITY: An entity as the entity existed before the entity's conversion. See Alabama Code 10A-1-1.03
  • cooperative: Includes an employee cooperative as defined in Chapter 11. See Alabama Code 10A-1-1.03
  • corporation: The term includes associations, joint stock companies, and any other entity classified as an association taxable as a corporation for federal income tax purposes. See Alabama Code 40-18-1
  • CORPORATION: A corporation organized pursuant to the provisions of this chapter. See Alabama Code 11-15-1
  • cosmetic: An article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance and the component parts of such an article. See Alabama Code 20-1-50
  • COST-SHARE GRANT: An award of money made pursuant to the terms of this chapter with no requirement that such money be repaid except in the events outlined herein. See Alabama Code 9-8A-1
  • council: The Alabama Propane Education and Research Council created pursuant to Section 9-17-175. See Alabama Code 9-17-171
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Colbert County in the State of Alabama. See Alabama Code 45-17-243
  • county: Any county in this state or in contiguous states. See Alabama Code 9-6-2
  • COUNTY: That county in the state in which the corporation shall be organized. See Alabama Code 11-15-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 10A-1-1.03
  • dealer: A manufacturer, wholesaler, retailer, jobber, and similar establishments, mobile or permanent, engaged in the sale of food for consumption on premises. See Alabama Code 20-1-20
  • DEBTOR IN BANKRUPTCY: A person who is the subject of:

    (A) an order for relief under the United States bankruptcy laws, Title 11, United States Code, or comparable order under a successor statute of general application; or

    (B) a comparable order under federal, state, or foreign law governing insolvency. See Alabama Code 10A-1-1.03

  • DEFERRED TAX RECIPIENT: Each taxing authority which receives ad valorem taxes with respect to property located in a proposed tax increment district. See Alabama Code 11-99-2
  • delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with Section 10A-2A-1. See Alabama Code 10A-2A-1.40
  • demotion: The reassignment of a covered employee to a position of a lesser class involving less responsibility and less complex duties. See Alabama Code 45-17A-50.01
  • demotion: The reassignment of a covered employee to a position of a lesser class involving less responsibility and less complex duties. See Alabama Code 45-17A-82.01
  • department: The Alabama Department of Environmental Management. See Alabama Code 9-7-10
  • Dependent: A person dependent for support upon another.
  • DESIGNATED BENEFICIARY: The eligible individual named as the beneficiary of an ABLE savings account, ACES savings account, or PACT contract established pursuant to this chapter. See Alabama Code 16-33C-3
  • Devise: To gift property by will.
  • director: A member of the board of directors of an authority. See Alabama Code 9-6-2
  • directors: The members of the Board of Directors of the Tuscumbia Utilities Board. See Alabama Code 45-17A-83
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 10A-1-1.03
  • Distribution: means a direct or indirect transfer of cash or other property (except a corporation's own stock) or incurrence of indebtedness by a corporation to or for the benefit of its stockholders in respect of any of its stock. See Alabama Code 10A-2A-1.40
  • Docket: A log containing brief entries of court proceedings.
  • Document: means a writing as defined in Chapter 1. See Alabama Code 10A-2A-1.40
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • DOMESTIC ENTITY: An organization formed and existing pursuant to this title. See Alabama Code 10A-1-1.03
  • drug: All medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use and any substance or mixture of substances to be used for the cure, mitigation, or prevention of disease in man or domestic animals. See Alabama Code 20-1-20
  • education: Any action to provide information regarding propane and the use of propane to consumers and members of the propane gas industry. See Alabama Code 9-17-171
  • EFFECTIVE DATE OF THIS TITLE: January 1, 2011. See Alabama Code 10A-1-1.03
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • ELECTRONIC SIGNATURE: An electronic signature as that term is defined in the Alabama Electronic Transactions Act, Chapter 1A of Title 8, or any successor statute. See Alabama Code 10A-1-1.03
  • ELECTRONIC WRITING: Information that is stored in an electronic or other nontangible medium and is retrievable in paper form through an automated process used in conventional commercial practice. See Alabama Code 10A-1-1.03
  • Eligible entity: means an unincorporated entity, foreign unincorporated entity, nonprofit corporation, or foreign nonprofit corporation. See Alabama Code 10A-2A-1.40
  • ELIGIBLE INSTITUTION: Any postsecondary educational institution which is approved by the Alabama Commission on Higher Education for the purposes of this program. See Alabama Code 16-33B-1
  • ELIGIBLE PERSON: An individual, partnership, family-owned corporation the owners of all the stock of which are related by blood or marriage, estate, or trust who, as an owner, landlord, lessee, tenant or sharecropper, participates in the operation of (1) a farm lying within a soil and water conservation district, or (2) a tract of land devoted to the growth of timber lying within a soil and water conservation district. See Alabama Code 9-8A-1
  • ELIGIBLE STUDENT: Any applicant for a grant under the Alabama Student Grant Program who:

    a. See Alabama Code 16-33A-1

  • ENABLING LAW: Act No. See Alabama Code 45-17A-83
  • ENHANCED USE LEASE AREA: Any area of a military installation which contains underutilized real or personal property, or both, that is leased by a secretary of a military department to a lessee pursuant to the authority provided in Title 10 U. See Alabama Code 11-99-2
  • entity: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • Entity: includes corporation; foreign corporation; nonprofit corporation; foreign nonprofit corporation; estate; trust; unincorporated entity; foreign unincorporated entity; and state, United States, and foreign government. See Alabama Code 10A-2A-1.40
  • 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.
  • ESTUARINE SANCTUARY: A research area which may include any part or all of an estuary, adjoining transitional areas and adjacent uplands, constituting to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. See Alabama Code 9-7-10
  • estuary: That part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. See Alabama Code 9-7-10
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Expenses: means reasonable expenses of any kind that are incurred in connection with a matter. See Alabama Code 10A-2A-1.40
  • 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 STUDENT LOAN LAW: Title IV of the Federal Higher Education Act of 1965, as amended (enacted by the Congress of the United States of America as Public Law 89-239) providing for a student loan insurance or guaranty program, as said Title IV (presently codified as 20 U. See Alabama Code 16-33B-1
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, limited liability limited partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 10A-1-1.03
  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • FILING OFFICER: The officer with whom a filing instrument is required or permitted to be delivered for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • 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.
  • flsa: Fair Labor Standards Act. See Alabama Code 45-17A-50.01
  • flsa: Fair Labor Standards Act. See Alabama Code 45-17A-82.01
  • food: All articles of food, drink, confectionery, or condiment, whether simple, mixed, or compound, used or intended for use by man or domestic animals. See Alabama Code 20-1-20
  • 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
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • foreign corporation: as used in this division , shall mean:

    (1) Any bank or other corporation now or hereafter organized or existing under the laws of any state of the United States other than this state; and

    (2) Any national banking association or other corporation organized under the laws of the United States having its principal place of business in any state of the United States other than this state. See Alabama Code 10A-2A-15.10

  • foreign corporation: means an entity incorporated or existing under this chapter. See Alabama Code 10A-2A-1.40
  • FOREIGN ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 10A-1-1.03
  • FOREIGN GOVERNMENTAL AUTHORITY: A governmental official, agency, or instrumentality of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN LIMITED LIABILITY LIMITED PARTNERSHIP: A foreign limited liability limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • FOREIGN LIMITED LIABILITY PARTNERSHIP: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • FOREIGN LIMITED PARTNERSHIP: A foreign limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • FOREIGN NONFILING ENTITY: A foreign entity that is not a foreign filing entity. See Alabama Code 10A-1-1.03
  • Fraud: Intentional deception resulting in injury to another.
  • FULL-TIME STUDENT: An individual student who meets the criteria established by definitions, rules, and regulations to be established by the ACHE. See Alabama Code 16-33A-1
  • FULL-TIME STUDENT: A student who is carrying the normal full-time academic workload and is maintaining satisfactory academic progress as defined by the educational institution in which that student is enrolled. See Alabama Code 16-33B-1
  • fund: The Alabama Recreation Capital Development Assistance Fund. See Alabama Code 9-7A-2
  • FUNDAMENTAL BUSINESS TRANSACTION: A merger, interest exchange, conversion, or sale of all or substantially all of an entity's assets. See Alabama Code 10A-1-1.03
  • 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 PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity pursuant to this title and the governing documents of the entity, except that if the governing documents of the entity or this title divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, governing authority means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this title. See Alabama Code 10A-1-1.03
  • GOVERNING BODY: The county commission of a county. See Alabama Code 11-88-40
  • GOVERNING BODY: The county commission in which the legislative functions of the county are vested by law. See Alabama Code 11-15-1
  • GOVERNING PERSON: A person serving as part of the governing authority of an entity. See Alabama Code 10A-1-1.03
  • governor: The Governor of the state. See Alabama Code 9-8A-1
  • grant: A monetary award under the Alabama Student Grant Program to an approved institution on behalf of and to the credit of an eligible student pursuant to this chapter. See Alabama Code 16-33A-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • HALF-TIME STUDENT: A student who is carrying at least one half of the normal full-time academic workload as determined by the educational institution in which that student is enrolled. See Alabama Code 16-33B-1
  • HEAD OF DEPARTMENT: Any individual designated by the city council as head of a major activity or department. See Alabama Code 45-17A-50.01
  • HEAD OF DEPARTMENT: Any individual designated by the city council as head of a major activity or department. See Alabama Code 45-17A-82.01
  • HEALTH CARE FACILITY: Such term shall include public health centers; rehabilitation centers; skilled nursing facilities; intermediate care facilities; general and specialized hospitals, including tuberculosis, psychiatric, long-term care and other types of hospitals, and related facilities such as laboratories, outpatient departments and clinics and central service facilities operated in connection with hospitals; organized ambulatory health care facilities, such as family planning clinics, facilities for surgical treatment of patients not requiring hospitalization and facilities located in or apart from a hospital for the diagnosis or treatment of disease, excluding the offices of private physicians; hemodialysis units; hospice services; and home health agencies operated in connection with a hospital. See Alabama Code 22-4-2
  • HEALTH SERVICE AREA: A geographical area designated by the Governor as being appropriate for effective planning and development of health services. See Alabama Code 22-4-2
  • HEALTH SYSTEMS AGENCY: An entity which is organized and operated under the provisions of Title XV of the Public Health Service Act (42 U. See Alabama Code 22-4-2
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • improvement: Any sanitary sewage treatment or sewage disposal plant or any sanitary sewer, including mains, laterals, trunk lines, collector lines, outfall lines, force mains, and appurtenant facilities. See Alabama Code 11-88-40
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • IN-KIND CONTRIBUTIONS: In-kind contributions represent the value of contributions provided by the applicant, other public agencies and institutions, and private organizations and individuals which directly benefit and are specifically identifiable to the project. See Alabama Code 9-7A-2
  • incorporators: The persons who form a public corporation pursuant to the provisions of this chapter. See Alabama Code 9-6-2
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvency: The inability of a person 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
  • 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
  • INSTITUTIONAL HEALTH SERVICES: The health services provided through health care institutions. See Alabama Code 22-4-2
  • INSTITUTIONAL RELATED EXPENSES: Nonsectarian educational expenses, including, but not limited to, tuition, mandatory fees, room and board, transportation, books and supplies, and other incidental nonsectarian education expenses anticipated by an eligible student. See Alabama Code 16-33A-1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity is required or permitted to deliver a filing instrument for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • label: A display of written, printed, or graphic matter upon the immediate container of any article. See Alabama Code 20-1-20
  • landowner: Any person, firm, or corporation holding title to land lying within a soil and water conservation district. See Alabama Code 9-8A-1
  • LAUDERDALE COUNTY: Lauderdale County in the State of Alabama. See Alabama Code 45-17-243
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • legislature: The Legislature of Alabama. See Alabama Code 16-33C-3
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 10A-1-1.03
  • license tax: as used in this title , shall be deemed to include any tax prescribed by a license tax schedule, but shall not exclude any license tax otherwise prescribed. See Alabama Code 40-12-344
  • LICENSING AUTHORITY: The state court, state regulatory licensing board, or other like agency which has the power to issue a license or other legal authorization to render professional services. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNER: A person who has been admitted to a limited partnership as a limited partner as provided by:

    (A) in the case of a domestic limited partnership, Chapter 9A; or

    (B) in the case of a foreign limited partnership, the laws of its jurisdiction of formation. See Alabama Code 10A-1-1.03

  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LIQUEFIED PETROLEUM GAS: Any material having vapor pressure not exceeding that allowed for commercial propane composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butanes (normal butane or isobutane), and butylenes. See Alabama Code 9-17-100
  • LIQUEFIED PETROLEUM GAS RESEARCH AND EDUCATION FUND: A fund created to finance activities relating to research, development, and the implementation of marketing, advertising, and informational programs relating to LP-gas directed toward the consumer as well as for the education of industrial members and employees. See Alabama Code 9-17-100
  • LIQUEFIED PETROLEUM GAS SYSTEM: Any assembly consisting of one or more containers with a means for conveying LP-gas from the container(s) to dispensing or consuming devices (either continuously or intermittently) and which incorporates components intended to achieve control of quality, flow, pressure, or state (either liquid or vapor). See Alabama Code 9-17-100
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LOCAL FINANCE OFFICER: The legally authorized officer or agent responsible for receipt and disbursement of the revenues of a taxing authority. See Alabama Code 11-99-2
  • LOCAL GOVERNING BODY: The governing body of a county or municipality which proposes to create or has created a tax increment district. See Alabama Code 11-99-2
  • LOCAL PROJECT: Any program of a county, municipality or agency thereof, either individually or jointly, for the planning, acquisition of title or interest in real property, and development of facilities, providing thereby for recreational uses. See Alabama Code 9-7A-2
  • LP-GAS: Liquefied petroleum gas. See Alabama Code 9-17-100
  • lpg: Liquefied petroleum gas. See Alabama Code 9-17-100
  • MANAGEMENT PROGRAM: Such term includes, but is not limited to, a comprehensive statement in words, maps, illustrations or other media of communication, prepared and adopted by the state in accordance with the provisions of this chapter, setting forth objectives, policies and standards to guide public and private users of lands and waters in the coastal area. See Alabama Code 9-7-10
  • MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 10A-1-1.03
  • MEDICAL FACILITIES PLAN: A plan, prepared by the State Board of Health with the advice and consultation of the Statewide Health Coordinating Council, which shall consider the medical facilities plans of the health systems agencies, and which shall establish an integrated and interrelated system of health care facilities which shall have as its objective the provision of readily accessible health care in all parts of the state. See Alabama Code 22-4-2
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 10A-3-1.02
  • merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

    (A) one or more surviving domestic entities or non-code organizations;

    (B) the creation of one or more new domestic entities or non-code organizations, or one or more surviving domestic entities or non-code organizations; or

    (C) one or more surviving domestic entities or non-code organizations and the creation of one or more new domestic entities or non-code organizations. See Alabama Code 10A-1-1.03

  • Merger: means a transaction pursuant to Section 10A-2A-11. See Alabama Code 10A-2A-1.40
  • misbranded: Such term shall apply to all drugs or foods or articles which enter into the composition of food, the package or label of which shall bear or contain any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular and to any food or drug product which is falsely branded as to the state, territory, or country in which it is manufactured or produced. See Alabama Code 20-1-20
  • mortgage: A mortgage or a mortgage and deed of trust. See Alabama Code 11-15-1
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • municipality: Any city or town which is incorporated. See Alabama Code 9-6-2
  • municipality: Any incorporated municipality in this state. See Alabama Code 11-99-2
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • non compos mentis: include all persons of unsound mind. See Alabama Code 1-1-1
  • NON-CODE ORGANIZATION: An organization other than a domestic entity. See Alabama Code 10A-1-1.03
  • NONFILING ENTITY: A domestic entity that is not a filing entity. See Alabama Code 10A-1-1.03
  • NONPROFIT ASSOCIATION: An unincorporated nonprofit association as defined in Chapter 17. See Alabama Code 10A-1-1.03
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 10A-3-1.02
  • NONPROFIT ENTITY: An entity that is a nonprofit corporation, nonprofit association, or other entity that is organized solely for one or more nonprofit purposes. See Alabama Code 10A-1-1.03
  • ODORIZED PROPANE: Propane which has an odorant added to it. See Alabama Code 9-17-171
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
  • organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 10A-1-1.03
  • OWNERSHIP INTEREST: An owner's interest in an entity. See Alabama Code 10A-1-1.03
  • PACT ADMINISTRATIVE FUND: The PACT Administrative Fund created in subsection (c) of Section 16-33C-6. See Alabama Code 16-33C-3
  • PACT BOARD: The board of directors and trustees of the PACT Trust Fund. See Alabama Code 16-33C-3
  • PACT CONTRACT: A contract entered into by the board and a participant in the PACT Program. See Alabama Code 16-33C-3
  • PACT PROGRAM: The Alabama Prepaid Affordable College Tuition Program created in subsection (a) of Section 16-33C-6. See Alabama Code 16-33C-3
  • PACT TRUST FUND: The fiduciary trust fund created in subsection (b) of Section 16-33C-6. See Alabama Code 16-33C-3
  • paid: For the purpose of deductions and credits hereinafter provided for with respect to income tax means paid or accrued or paid or incurred, and the terms paid or accrued and paid or incurred shall be construed according to the method of accounting on the basis of which the net income is computed under this chapter. See Alabama Code 40-18-1
  • PART-TIME EMPLOYEE: That category of service in which the individuals are employed on an on-going basis but are normally scheduled to work less than 32 hours in the established workweek, or the equivalent hours for those public safety individuals who are assigned to work a work period in accordance with the Fair Labor Standards Act. See Alabama Code 45-17A-50.01
  • PART-TIME EMPLOYEE: That category of service in which an individual is employed on an on-going basis but is normally scheduled to work less than 32 hours in the established workweek, or the equivalent hours for those public safety individuals who are assigned to work a work period in accordance with the Fair Labor Standards Act. See Alabama Code 45-17A-82.01
  • PART-TIME STUDENT: An individual student who meets all qualifications as an eligible student and who meets the further criteria to be established by the ACHE. See Alabama Code 16-33A-1
  • partner: A limited partner or general partner. See Alabama Code 10A-1-1.03
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • PARTNERSHIP AGREEMENT: Any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a general partnership or a limited partnership. See Alabama Code 10A-1-1.03
  • PARTY TO THE MERGER: A domestic entity or non-code organization that under a plan of merger is combined by a merger. See Alabama Code 10A-1-1.03
  • person: Individuals, firms, partnerships, companies, corporations, associations, trustees, receivers, the State of Alabama, and any of its agencies, authorities, boards, bureaus, commissions, departments, and instrumentalities, each incorporated municipality and any agencies, authorities, boards, bureaus, commissions, and departments of such municipalities, and the several counties of the State of Alabama and any agencies, authorities, boards, bureaus, commissions, and departments of such counties, and any other political subdivisions of the State of Alabama by whatever name or description. See Alabama Code 40-18-90
  • person: Every natural person, firm, copartnership, association, or corporation. See Alabama Code 9-17-100
  • 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 or an agency, department or instrumentality of a state or of a county or municipality. See Alabama Code 9-6-2
  • person: Any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, other legal entity or business organization or any state or local governmental entity and any successor of the foregoing. See Alabama Code 9-7-10
  • person: Any individual, trust, estate, corporation, association, disregarded entity, or subchapter K entity. See Alabama Code 40-18-1
  • plan: The Wallace-Folsom Savings Investment Plan established pursuant to this chapter that consists of the PACT Program, the ACES Program, and the ABLE Program. See Alabama Code 16-33C-3
  • 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.
  • 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.
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • PROBATIONARY STATUS: A condition of employment in which covered employees serve the completion of the established probationary period and the approval for regular status by the appointing authority. See Alabama Code 45-17A-50.01
  • PROBATIONARY STATUS: A condition of employment in which covered employees serve the completion of the established probationary period and the approval for regular status by the appointing authority. See Alabama Code 45-17A-82.01
  • PROCEEDS FROM A WAGER: Those proceeds as described in 26 U. See Alabama Code 40-18-90
  • PROFESSIONAL ASSOCIATION: A professional association as defined in Chapter 30. See Alabama Code 10A-1-1.03
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • PROFESSIONAL ENTITY: A professional association and a professional corporation. See Alabama Code 10A-1-1.03
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 10A-1-1.03
  • program: The Alabama Student Grant Program, including the administration thereof. See Alabama Code 16-33A-1
  • PROGRAM YEAR: The period from October 1 to September 30. See Alabama Code 9-8A-1
  • project: Undertakings and activities of a public entity in a tax increment district for a. See Alabama Code 11-99-2
  • 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 11-15-1
  • PROJECT COSTS: Any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by a public entity, which in the case of expenditures for or within a Major 21st Century Manufacturing Zone may be incurred directly by the public entity or by a private entity with funds granted by, or otherwise made available from, a public entity, which are listed in a project plan as costs of public works or improvements or, in the case of improvements within a Major 21st Century Manufacturing Zone, public works or improvements or private improvements, within a tax increment district, plus any costs incidental thereto, diminished by any special assessments, received or reasonably expected to be received by the public entity in connection with the implementation of the project plan. See Alabama Code 11-99-2
  • PROJECT PLAN: The properly approved plan for the development or redevelopment of a tax increment district, including all properly approved amendments thereto. See Alabama Code 11-99-2
  • promotion: The reassignment of a covered employee to a higher job class involving definite and defined increase in duties and responsibilities and a corresponding increase in remuneration. See Alabama Code 45-17A-50.01
  • promotion: The reassignment of a covered employee to a higher job class involving a definite and defined increase in duties and responsibilities and a corresponding increase in remuneration. See Alabama Code 45-17A-82.01
  • propane: Hydrocarbon whose chemical composition is predominately C3H8, whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures thereof. See Alabama Code 9-17-171
  • PROPANE GAS INDUSTRY: Those persons involved in the production, transportation, and sale of propane. See Alabama Code 9-17-171
  • 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: Such term shall include real, personal and mixed property and interests therein. See Alabama Code 9-6-2
  • PUBLIC ENTITY: Any municipality or county in the state. See Alabama Code 11-99-2
  • 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 MEMBER: A member of the council, other than a representative of wholesalers or retail marketers, representing significant users of propane, public safety officials, state regulatory officials, or other groups knowledgeable about propane. See Alabama Code 9-17-171
  • purchaser: A person who is obligated to make contract payments in accordance with a PACT contract entered into pursuant to this chapter. See Alabama Code 16-33C-3
  • QUALIFIED INDUSTRY ORGANIZATION: The Alabama Propane Gas Association or its successor. See Alabama Code 9-17-171
  • QUALIFIED MINOR: The term as it is defined in Section 22-8A-3. See Alabama Code 16-30B-2
  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust, association, or other entity as defined in Chapter 10. See Alabama Code 10A-1-1.03
  • reassignment: The promotion or demotion of a covered employee. See Alabama Code 45-17A-50.01
  • reassignment: The promotion or demotion of a covered employee. See Alabama Code 45-17A-82.01
  • Record date: means the date fixed for determining the identity of the corporation's stockholders and their stockholdings for purposes of this chapter. See Alabama Code 10A-2A-1.40
  • Record stockholder: means (i) the person in whose name shares of stock are registered in the records of the corporation, or (ii) the person identified as the beneficial owner of stock in a beneficial ownership certificate pursuant to Section 10A-2A-7. See Alabama Code 10A-2A-1.40
  • RECREATIONAL LAND: Land and appurtenances thereto used for, or susceptible to recreational use. See Alabama Code 9-7A-2
  • RECREATIONAL USE: Participation in or observation of outdoor activities by the general public including, but not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, winter sports, animal or vehicular riding and any related activity. See Alabama Code 9-7A-2
  • RED TAG: A red card or device containing an official printed notice of the condemnation of a liquefied petroleum gas system or any connected or disconnected LP-gas component, LP-gas storage container, LP-gas container appurtenance, or LP-gas motor vehicle, transport, or delivery unit placed as a result of a violation of the liquefied petroleum gas safety code provisions and regulations, or as a result of a mechanical defect found on the LP-gas motor vehicle, transport, or delivery unit that could cause a danger to the public if allowed to continue to operate. See Alabama Code 9-17-100
  • REGULAR STATUS: A condition of employment that covered employees are afforded upon completion of the established probationary period and approval by the appointing authority. See Alabama Code 45-17A-50.01
  • REGULAR STATUS: A condition of employment that covered employees are afforded upon completion of the established probationary period and approval by the appointing authority. See Alabama Code 45-17A-82.01
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • REMOTE SELLER: An individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or other similar legal entity that sells tangible personal property or a service, but does not have nexus in this state. See Alabama Code 40-23-171
  • 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).
  • REPRESENTATIVE OF A QUALIFIED MINOR: The term as it is defined in Section 22-8A-3. See Alabama Code 16-30B-2
  • 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.
  • research: Any type of study, investigation, or other activities designed to advance the image, desirability, usage, marketability, and efficient use of propane gas and to further the development and distribution of the information. See Alabama Code 9-17-171
  • RESIDENT OF ALABAMA: For purposes of this chapter, a resident is a person who attends an eligible institution within the State of Alabama, or who lives in Alabama and attends an eligible institution outside the state, or who obtains a guaranteed student loan from an approved lender. See Alabama Code 16-33B-1
  • RETAIL MARKETER: A person engaged primarily in the sale of odorized propane gas to the end user or to retail propane dispensers. See Alabama Code 9-17-171
  • RETAIL PROPANE DISPENSER: A person who sells odorized propane to the end user but is not engaged primarily in the business of the sales. See Alabama Code 9-17-171
  • SALES AND USE TAXES: Sales and use taxes and gross receipts taxes in the nature of a sales tax imposed pursuant to Alabama law. See Alabama Code 40-23-171
  • SAVINGS AGREEMENT: An agreement entered into between the Savings Board and a contributor establishing an ACES or ABLE savings account. See Alabama Code 16-33C-3
  • SAVINGS BOARD: The Board of Directors of the ABLE Program and ACES Program, and trustees of the ABLE Trust Fund and ACES Trust Fund. See Alabama Code 16-33C-3
  • school: Any primary or secondary public school located in the state. See Alabama Code 16-30B-2
  • SCHOOL EMPLOYEE: Any individual employed by a public school system located in the state. See Alabama Code 16-30B-2
  • SCHOOL NURSE: A nurse licensed by the Alabama Board of Nursing and employed as a school nurse by a public school system located in the state. See Alabama Code 16-30B-2
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 10A-1-1.03
  • 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.
  • SHOALS ECONOMIC DEVELOPMENT FUND: That certain special or trust fund or account created pursuant to Section 45-17-91. See Alabama Code 45-17-243
  • SOIL AND WATER CONSERVATION DISTRICT: A governmental subdivision of this state and a public body corporate and politic organized pursuant to Article 2 of Chapter 8 of Title 9. See Alabama Code 9-8A-1
  • SOIL AND WATER CONSERVATION PRACTICES: The measures approved by the commission and applied to the land that prevent soil erosion in the state or improve the quality of water from agricultural sources in the state or improve the forest resources of the state. See Alabama Code 9-8A-1
  • STANDARD OF PURITY OR QUALITY: The standard of purity and quality fixed by the State Board of Agriculture and Industries. See Alabama Code 20-1-50
  • state: The State of Alabama. See Alabama Code 45-17-243
  • state: The State of Alabama. See Alabama Code 40-18-90
  • state: A state of the United States and the District of Columbia. See Alabama Code 40-23-171
  • state: The State of Alabama. See Alabama Code 9-8A-1
  • STATE: The State of Alabama. See Alabama Code 11-15-1
  • STATE BOARD OF HEALTH: The statutory agency of the State of Alabama operative in the field of general health matters and performing the duties and exercising the powers as set forth in the statutory provisions relating thereto. See Alabama Code 22-4-2
  • STATE DEPARTMENT OF REVENUE: The Department of Revenue of the state. See Alabama Code 45-17-243
  • STATE HEALTH PLAN: A comprehensive plan, prepared by the State Board of Health and approved or disapproved by the Statewide Health Coordinating Council and which shall include the health systems plans developed by the health systems agencies, for the development of health programs and resources to assure that quality health services will be available and accessible in a manner which assures continuity of care, at reasonable cost, for all residents of the state. See Alabama Code 22-4-2
  • STATE PROJECT: Any program of a state agency, board, authority or commission either individually or jointly, for the planning, acquisition of title or interest in real property, and development of facilities; providing thereby for recreational uses or for research or other educational studies deemed necessary to assist in implementing this chapter. See Alabama Code 9-7A-2
  • STATE SALES TAX: The tax or taxes imposed by the state sales tax statutes. See Alabama Code 45-17-243
  • STATE SALES TAX STATUTES: Division 1 of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-17-243
  • STATE SOIL AND WATER CONSERVATION COMMITTEE: The agency of the state established and existing pursuant to Section 9-8-22. See Alabama Code 9-8A-1
  • STATE TREASURER: The State Treasurer of Alabama. See Alabama Code 16-33C-3
  • STATE USE TAX: The tax or taxes imposed by the state use tax statutes. See Alabama Code 45-17-243
  • STATE USE TAX STATUTES: Article 2 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein. See Alabama Code 45-17-243
  • STATEWIDE HEALTH COORDINATING COUNCIL: The advisory council established pursuant to this article which shall advise the State Board of Health on matters relating to health planning and resource development. See Alabama Code 22-4-2
  • 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.
  • Stock exchange: means a transaction pursuant to Section 10A-2A-11. See Alabama Code 10A-2A-1.40
  • STUDENT LOAN: A loan or extension of credit to an eligible borrower (including without limitation a parent of an eligible borrower) including the promissory note or other written agreement or instrument evidencing such loan or extension of credit in accordance with the applicable requirements of the Federal Student Loan Law. See Alabama Code 16-33B-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscriber: A person who agrees with or makes an offer to an entity to purchase by subscription an ownership interest in the entity. See Alabama Code 10A-1-1.03
  • subscription: An agreement between a subscriber and an entity, or a written offer made by a subscriber to an entity before or after the entity's formation, in which the subscriber agrees or offers to purchase a specified ownership interest in the entity. See Alabama Code 10A-1-1.03
  • subsidiary: An entity or organization at least 50 percent of:

    (A) the ownership or membership interest of which is owned by a parent entity or parent organization; or

    (B) the voting power of which is possessed by a parent entity or parent organization. See Alabama Code 10A-1-1.03

  • Summons: Another word for subpoena used by the criminal justice system.
  • TAX INCREMENT: That amount obtained by multiplying the total revenue derived from ad valorem taxes levied by all local taxing authorities on all taxable property within a tax increment district in any tax year by a fraction having a numerator equal to that tax year's market value of all taxable property in the district minus the tax increment base and a denominator equal to that tax year's equalized value of all taxable property in the district. See Alabama Code 11-99-2
  • TAX INCREMENT BASE: The aggregate value, as equalized by the Department of Revenue, of all taxable property located within a tax increment district on the date the district is created, determined as provided in Section 11-99-5. See Alabama Code 11-99-2
  • TAX INCREMENT DISTRICT: A contiguous geographic area within the boundaries of a public entity defined and created by resolution of the local governing body. See Alabama Code 11-99-2
  • TAX INCREMENT FUND: A fund into which all tax increments not retained by a taxing authority as provided by Section 11-99-10(b) are paid, and from which money is disbursed to satisfy claims of holders of tax increment obligations issued for the tax increment district. See Alabama Code 11-99-2
  • TAX INCREMENT OBLIGATIONS: Bonds, warrants, notes, or other evidences of indebtedness issued by a public entity to fund all or any project costs. See Alabama Code 11-99-2
  • TAXABLE PROPERTY: All real and personal property located in a tax increment district which is subject to ad valorem taxation on the date of adoption of the resolution creating the tax increment district. See Alabama Code 11-99-2
  • TAXABLE YEAR: The calendar year or the fiscal year ending during the calendar year upon the basis of which net income is computed, or a period of less than 12 months resulting from a change in accounting period as provided in Section 40-18-30. See Alabama Code 40-18-1
  • taxing authority: means the state or any municipality, county, or other taxing authority which has the power to levy taxes on property within the tax increment district. See Alabama Code 11-99-2
  • taxpayer: Any person subject to a tax imposed by this chapter, or whose income is, in whole or in part, subject to a tax imposed by this chapter. See Alabama Code 40-18-1
  • TEMPORARY EMPLOYMENT: The category of service in which individuals are employed in either full-time or part-time positions for a period of no more than 180 calendar days. See Alabama Code 45-17A-50.01
  • TEMPORARY EMPLOYMENT: The category of service in which individuals are employed in either full-time or part-time positions for a period of no more than 180 calendar days. See Alabama Code 45-17A-82.01
  • 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.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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.
  • trust: Any entity which is a trust for federal income tax purposes. See Alabama Code 40-18-1
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • Trustee: A person or institution holding and administering property in trust.
  • UNCERTIFICATED OWNERSHIP INTEREST: An ownership interest in a domestic entity that is not represented by a certificate. See Alabama Code 10A-1-1.03
  • UNDERGRADUATE STUDENT: Any individual student who meets all other qualifications as an eligible student and has not received a baccalaureate degree or its equivalent. See Alabama Code 16-33A-1
  • United States: includes any district, authority, bureau, commission, department, and any other agency of the United States. See Alabama Code 10A-2A-1.40
  • Unrestricted voting trust beneficial owner: means , with respect to any stockholder rights, a voting trust beneficial owner whose entitlement to exercise the stockholder right in question is not inconsistent with the voting trust agreement. See Alabama Code 10A-2A-1.40
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voting power: means the current power to vote in the election of directors. See Alabama Code 10A-2A-1.40
  • Voting trust beneficial owner: means an owner of a beneficial interest in stock of the corporation held in a voting trust established pursuant to Section 10A-2A-7. See Alabama Code 10A-2A-1.40
  • WAGERING TRANSACTION: A wagering transaction as described in 26 U. See Alabama Code 40-18-90
  • WATER USE: Activities which are conducted in or on the water, but such term does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria or regulations which are incorporated in any program as required by the provisions of this chapter. See Alabama Code 9-7-10
  • wholesaler: A company engaged primarily in the sale of odorized propane gas to the retail marketer or to the end user. See Alabama Code 9-17-171
  • WINNINGS SUBJECT TO WITHHOLDING: Proceeds from a wagering transaction in those amounts and sources as defined in 26 U. See Alabama Code 40-18-90
  • WORK PERIOD: The period of time established by the city for public safety employees in accordance with the Fair Labor Standards Act. See Alabama Code 45-17A-50.01
  • WORK PERIOD: The work period or workweek established by the city council for employees of the city in compliance with the FLSA, and such adjustments and changes the city council, from time to time, may make in the work period or workweek for all or some departments and their employees. See Alabama Code 45-17A-82.01
  • workweek: A seven calendar day period as established in accordance with the Fair Labor Standards Act. See Alabama Code 45-17A-50.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.