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11-54-190
Section 11-54-190 Incorporation of another authority by same municipality. The existence of
an authority incorporated under the provisions of this article shall prevent the subsequent
incorporation hereunder of another authority pursuant to authority granted by the same municipality.
Notwithstanding this section, an authority whose membership solely includes county or municipal
governments, county or municipal boards of education, or any of their respective boards, agencies,
departments, corporations, or instrumentalities, including other commercial development authorities,
may be incorporated at any time, regardless of whether another authority exists within the
jurisdiction at issue. (Acts 1980, No. 80-648, p. 1235, §21; Act 2012-538, p. 1599, §1.)...
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11-93-1
Section 11-93-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings ascribed to them by this section: (1) GOVERNMENTAL ENTITY. Any incorporated municipality,
any county, and any department, agency, board, or commission of any municipality or county,
municipal or county public corporations, and any such instrumentality or instrumentalities
acting jointly. "Governmental entity" shall also include county public school boards,
municipal public school boards and city-county school boards when such boards do not operate
as functions of the State of Alabama. "Governmental entity" shall also mean county
or city hospital boards when such boards are instrumentalities of the municipality or county
or organized pursuant to authority from a municipality or county. (2) EMPLOYEE. An officer,
official, employee, or servant of a governmental entity, including elected or appointed officials,
and persons acting on behalf of any governmental entity in any official...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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11-98-1
Section 11-98-1 Definitions. (a) As used in this chapter, the following words and terms have
the following meanings, unless the context clearly indicates otherwise: (1) AUTOMATIC NUMBER
IDENTIFICATION. An enhanced 911 service capability that enables the automatic display of the
10-digit telephone number used to place a 911 call. The term includes pseudo-automatic number
identification, which means an enhanced 911 service capability that enables identification
of the subscriber. (2) CMRS. Commercial mobile radio service under Sections 3(27) and 332(d)
of the Federal Telecommunications Act of 1996, 47 U.S.C. §151 et seq., and Omnibus Budget
Reconciliation Act of 1993, Pub. L. 103-66, Aug. 10, 1993, 107 Stat. 312. The term includes
the term wireless and service provider by any wireless real time two-way voice communication
device, including radio-telephone communications used in cellular telephone service, personal
communication service, or the functional or competitive equivalent of a...
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13A-11-61.3
Section 13A-11-61.3 Regulation of firearms, ammunition, and firearm accessories. (a) The purpose
of this section is to establish within the Legislature complete control over regulation and
policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that
such regulation and policy is applied uniformly throughout this state to each person subject
to the state's jurisdiction and to ensure protection of the right to keep and bear arms recognized
by the Constitutions of the State of Alabama and the United States. This section is to be
liberally construed to accomplish its purpose. (b) For the purposes of this section, the following
words shall have the following meanings: (1) AMMUNITION. Fixed cartridge ammunition, shotgun
shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles
for muzzle-loading firearms, and any propellant used in firearms or ammunition. (2) EXPRESSLY
AUTHORIZED BY A STATUTE OF THIS STATE. The authority of...
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6-5-340
Section 6-5-340 Computer failure or malfunction. (a) Whenever used in this section, the following
words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION AND AUTHORITY.
Any public or private corporation, board, or authority established pursuant to a general or
local law by state, county, or municipal government for the purpose of carrying out a specific
governmental function. (2) GOVERNMENTAL ENTITY. The state, any municipality, or any county
in the state; any department, agency, board, or commission of a municipality, a county, or
the state; any legislative or regulatory body of the state, or of any municipality or county;
any state, municipal, or county governmental corporation or authority; any state university
or community college, including any publicly funded trade or technical school; the State Board
of Education, and all county, municipal, and city-county public school boards; any state,
county, or municipal hospital boards when such boards are...
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11-91-1
Section 11-91-1 Provision by governing bodies of counties and municipalities for group life,
health, accident, etc., insurance, etc., for officers and employees authorized. (a) The council,
commission, or similar governing body of each municipal corporation, the board of directors
of each incorporated municipal board, the county commission of each county, the board of education
of each city and the board of education of each county, now existing or established after
August 16, 1947, shall have power and authority to contract for and obtain and maintain policies
of group life, health, accident, and hospitalization insurance or any one or more of them
and shall have power and authority to contract for and obtain and maintain individual annuity
contracts, retirement income policies or group annuity contracts to provide a retirement plan
for the benefit of such of the officers and employees of such municipality, incorporated municipal
board, county, or board as may be determined by such...
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11-86A-1
Section 11-86A-1 Definitions. When used in this chapter, the following terms shall have the
following meanings: (1) ARTICLES. The articles of incorporation or articles of reincorporation
of an authority. (2) AUTHORITY. A public corporation incorporated or reincorporated pursuant
to the provisions of this chapter. (3) BOARD OF DIRECTORS. The board of directors of an authority.
(4) BOND or BONDS. A bond or bonds issued under this chapter. (5) COUNTY OF INCORPORATION.
The county in which an authority has been or is proposed to be incorporated or reincorporated.
(6) DIRECTORS. The members of the board of directors. (7) INCORPORATORS. The natural persons
filing a written application for the incorporation or reincorporation of an authority pursuant
to this chapter. (8) MUNICIPALITY. Any municipal corporation wholly or partially within the
county of incorporation. (9) PARTICIPATING MUNICIPALITY. Any municipality named in the articles
that elects to participate in the incorporation or...
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11-47-210
Section 11-47-210 Definitions. When used in this article, unless the context plainly indicates
otherwise, the following words and phrases shall have the meanings respectively ascribed to
them by this section: (1) APPLICANT. An individual who files a written application with the
governing body of any county or municipality in accordance with Section 11-47-214. (2) AUTHORITY.
A public corporation organized under this article for the purposes, with the powers, and subject
to the restrictions set forth in this article. (3) AUTHORIZING COUNTY. With respect to an
authority, any county which has a governing body that has made findings and determinations
of facts pertaining to the organization of the authority in accordance with Section 11-47-214.
(4) AUTHORIZING MUNICIPALITY. With respect to an authority, any municipality which has a governing
body that has made findings and determinations of facts pertaining to the organization of
the authority in accordance with Section 11-47-214. (5)...
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28-2-23
Section 28-2-23 Levy and collection of tax upon sale of malt beverages by counties or municipalities
permitting sale under article; disposition of proceeds from tax. Any county or municipality
which allows the sale of malt beverages under the provisions of this article shall be authorized
to levy and collect a tax upon the sale of such beverages in an amount not to exceed $.05
on each 12 fluid ounces or fraction thereof; provided, that the county shall not have authority
to impose such tax within any incorporated municipality within such county. A minimum of 60
percent of the proceeds of such tax shall be used solely for the purpose of public education,
with the remainder to be allocated by the county commission or municipal governing body levying
and collecting the tax for any other public use. The county commission shall distribute the
proceeds of this tax for public education to school systems within the county on the same
basis as the total calculated costs of the Foundation...
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