Title 41 — Title 41

Findings. (a) The sovereignty and jurisdiction of the state extend to all places within the boundaries of the state, but the extent of the jurisdiction over places that have been or may be ceded to the United States is qualified by the terms of the cession. (b) The limits and bou…

The provisions of Section 41-1-9 shall be deemed declarative of existing law and shall not be construed in a manner adverse to the validity of, or the lawfulness of the interest payable with respect to, (i) any bonds, warrants, notes, certificates of indebtedness, or other securi…

Consumer Price Index. (a) Any state agency that statutorily levies or assesses fees retained by the agency to fund its operations or programs may increase the fee by the percentage increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of…

Before Paying Benefits to Recipients. (a) For purposes of this section, “benefit” means a payment of public funds based on the recipient’s ability to meet certain qualifications or criteria. The term does not include a tax credit, tax rebate, or tax refund, nor does it include an…

(a) As used in this section, the following terms have the following meanings: (1) CENTRAL BANK DIGITAL CURRENCY. A digital currency, a digital medium of exchange, or a digital monetary unit of account issued by the United States Federal Reserve System or a federal agency which is…

Statutory Duties. An agency, department, board, bureau, commission, committee, institution, corporation, authority, or office of this state may expend public funds for the purchase of promotional items of nominal value for the purpose of carrying out its statutory duties, items t…

Sex Spaces or Environments. (a) Any state law that prohibits discrimination on the basis of sex thereby forbids unfair treatment of females or males. (b) Neither the state nor any political subdivision of the state shall be prohibited from establishing separate single-sex spaces …

It is the duty of the Governor and of all the subordinate officers of the state to maintain and defend its authority and jurisdiction. History: (Code 1852, §19; Code 1867, §20; Code 1876, §16; Code 1886, §16; Code 1896, §3750; Code 1907, §2057; Code 1923, §2994; Code 1940, T. 55,…

Procedures. (a) Any state agency may establish a requirement, within its area of administrative responsibility, that every person, corporation or partnership, owing, in connection with an individual transaction consisting of any State of Alabama tax return, fee, report or other d…

Failure to make such payment or remittance in immediately available funds in a timely manner, or failure to provide such evidence of payment or remittance in a timely manner, shall subject the affected taxpayer or obligee to penalty, interest, and loss of applicable discount, as …

To allow for possible late payments due to unexpected problems arising at financial institutions, federal reserve facilities, the automated clearing house system, or state agencies where it is proven that a good faith attempt was made and due diligence was exercised to initiate p…

The administering state agencies, in coordination with the State Treasurer, are authorized to prescribe and promulgate rules and regulations pertaining to their respective departments necessary for the administration of this article. These rules and regulations will address, as a…

The Governor, Attorney General, and Auditor have authority to adjust, compromise and settle, on such terms as to them may seem just and reasonable, any doubtful claim of the state against any person or corporation, or any public officer, or his or her sureties, or because of the …

Any bonds which may be issued by the Governor of Alabama for the purpose of renewing or funding the bonded debt of this state shall be made payable and subject to redemption at any time not exceeding 50 years from the date of issue of said bonds. History: (Code 1907, §82; Code 19…

The Legislature finds and declares that the making and managing of investments or the borrowing of money by governmental entities involves a variety of interest rate, investment, payment, and similar risks. A number of financial instruments are available to hedge against those ri…

In this article, the following terms shall have the following respective meanings: (1) COUNTERPARTY. The provider of the interest rate floor, cap or collar, or the other party to the swap agreement. (2) GOVERNMENTAL ENTITY. The state (or equivalent thereof) or any political subdi…

Notwithstanding any other provision of law, governmental entities shall be authorized to enter into swap agreements as follows: (1) Subject only to subdivision (2) of this section, any governmental entity may enter into one or more swap agreements which the governmental entity de…

Except as specifically required by paragraph (2)b of Section 41-1-42, in connection with entering into any swap agreement, any governmental entity may enter into credit enhancement or liquidity agreements with payment, term, security (including the pledge of collateral by the gov…

This article shall be liberally construed to effect its purpose. History: (Acts 1992, No. 92-589, p. 1214, §5.)

(a) No officer or employee of the state or of any state department, board, bureau, committee, commission, institution, corporation, authority, or other agency of the state shall appoint, or enter a personal service contract with, any person related to him or her within the fourth…

Agencies. After the department has gone on-line with the Department Property Accounting Control System and is using scanning technology for inventory purposes, the property manager of each department or agency of the state shall make a full and complete inventory at least once ev…

(a) Notwithstanding any other provision of law to the contrary, any officer or unit of state government required or authorized to receive or collect any payments to state government may accept a credit card payment of the amount that is due. This section shall only apply to depar…

(a) The state, and each county, municipality, board of education, political subdivision, public instrumentality, public corporation, or other public entity howsoever identified, which is authorized by law to issue bonds, warrants, notes, certificates of indebtedness or other secu…

State tax receipt. Any tax, fee, license or other source of revenue received by a state entity pursuant to statute, rule, or any other means. The term shall in no way include specific appropriations from the State General Fund and the Education Trust Fund. History: (Act 2015-327,…

Any other law or laws to the contrary notwithstanding, a state entity which receives state tax receipts which are designated for a particular purpose may in addition to the designated purpose expend those funds for other functions within the entity in order to offset the reductio…

Notwithstanding any other provision of the law to the contrary, in no instance shall this article induce an automatic increase in any fees to replenish a fund. No such fund requiring such automatic increase shall be depleted under this article. History: (Act 2015-327, §3.)

Each state entity shall be responsible for ensuring compliance with the provisions of Section 41-1-71. History: (Act 2015-327, §4.)

Facsimile of Corporate Seal. (a) In any instance where any bond, warrant, note, certificate of indebtedness, or other security howsoever designated is authorized to be issued by the state, or by any county, municipality, board of education, political subdivision, public instrumen…

In any instance where any bond, warrant, note, certificate of indebtedness, or other securities howsoever designated is authorized to be issued by the state, or by any county, municipality, board of education, political subdivision, public instrumentality, public corporation or o…

For the purposes of this article, the following terms have the following meanings: (1) CONTRACTOR. Any individual or entity that provides services to a state agency, public institution of higher education, or local board of education. This term does not include an individual or e…

A state agency, local board of education, or public institution of higher education may not do any of the following: (1) Sponsor any diversity, equity, and inclusion program or maintain any office, physical location, or department that promotes diversity, equity, and inclusion pr…

All state agencies and political subdivisions, including local boards of education and public institutions of higher education, may discipline or terminate the employment of any employee or contractor who knowingly violates this article, provided that: (1) Any disciplinary action…

October 1, 2026.] AMENDED BY ACT 2026-209, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. Nothing in this article: (1) Prevents student, staff, or faculty organizations or associations from hosting diversity, equity, and inclusion programs or discussions that may involv…

It is the intent of the Legislature that all constitutionally created boards of trustees comply with the requirements of this article. History: (Act 2024-34, §5.)

The boundaries of this state are established and declared to be as follows: Beginning at the point where the thirty-first degree of north latitude crosses the Perdido River; thence east to the western boundary line of the State of Georgia; thence along said line, to the southern …

The boundary line between Alabama and Georgia commences on the west side of the Chattahoochee River, at the point where it enters the State of Florida; from thence up the river, along the western bank thereof, to the point on Miller’s Bend, next above the place where the Uchee cr…

The boundary line between Alabama and Florida is the line commonly known as the “mound line,” or “Ellicott’s Line,” as distinguished from a blazed line known as the “upper” or “Coffee Line,” commencing at a point on the Chattahoochee River, near a place known as “Irwin’s Mills”; …

Perdido River and Adjacent Thereto. (a) The State of Alabama hereby ratifies, confirms, and adopts the recommendations of the joint committee heretofore appointed by the Governor of Florida and the Governor of Alabama to locate and mark the boundary line between the said states a…

Excavate or Survey Aboriginal Mounds, Earthworks, Burial Sites, Etc.; State Ownership of Objects Found or Located Therein Declared. The State of Alabama reserves to itself the exclusive right and privilege of exploring, excavating or surveying, through its authorized officers, ag…

from State Objects Discovered Therein, Etc. No person not a resident of the State of Alabama, either by himself or herself personally or through any agent or employee or anyone else acting for such person, shall explore or excavate any of the remains described in Section 41-3-1 o…

Consent of Owner of Land and Not to Injure Crops, Houses, Etc., Thereon. No explorations or excavations shall be made in any of such remains without the consent of the owner of the land first had and obtained and unless such work is done in such way as not to injure any crops, ho…

Restoration of Remains After Explorations or Excavations. No explorations or excavations shall be made which will destroy, deface, or permanently injure such remains; and, after any such explorations or excavations, they shall be restored to the same or like condition as before s…

No objects taken from such remains shall be sold or disposed of out of the state, but when removed therefrom the objects so gathered shall be retained in state custody and either placed in the collection of the Department of Archives and History or in the museums or in the librar…

Contrary to Law. Any person who shall explore or excavate any of the aboriginal mounds, earthworks or other antiquities of this state contrary to the laws of this state shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.00 for each offense.…

The words “state and the departments, boards, bureaus, commissions, agencies, offices, and institutions thereof,” and the words “departments, boards, bureaus, commissions, agencies, offices and institutions of the state,” wherever they appear in this chapter, shall not be constru…

Bonds. With the consent of the Governor, the funds in the sinking fund for retiring old bonded debt may be used from time to time by the Department of Finance for the purpose of purchasing and holding in trust in said fund bonds of the State of Alabama. It shall be the duty of th…

Cancellation of Paid Bonds. With the consent of the Governor, said bonds so purchased and held in trust may be sold from time to time by the Department of Finance, if it is deemed for the best interest of the sinking fund that said transactions be had, and the proceeds held or re…

(a) This article shall be construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this article are to do all of the following: (1) Simplify, clarify, and modernize the law governing procurement by the state. (2) Permit th…

Unless displaced by the particular provisions of this article, the principles of law and equity, including the Uniform Commercial Code, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, and bankruptcy shall su…

This article requires all parties involved in the negotiation, performance, or administration of state contracts to act in good faith. Good faith means honesty in fact in the conduct or transaction concerned. (1) This article applies to contracts solicited and entered into after …