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45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 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,...
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45-49-21.20
Section 45-49-21.20 Legislative findings. (a) The Legislature is cognizant of Opinion of the
Justices No. 376, issued April 9, 2002, which states that a local bill for Washington County
"purporting to allow by local law the creation of a traffic in alcohol that does not
presently exist in smaller municipalities in Washington 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,
in part, was 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
body disagrees with the conclusion reached by the court concerning Section 104....
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6-5-540
of Alabama and the health and safety of the citizens of this state are in jeopardy. In accordance
with the previous declaration of Legislature contained in Act 513 of the Regular Session of
the 1975 Alabama Legislature it is the declared intent of this Legislature to insure that
quality medical services continue to be available at reasonable costs to the citizens of the
State of Alabama. This Legislature finds and declares that the increasing threat of legal
actions for alleged medical injury causes and contributes to an increase in health
care costs and places a heavy burden upon those who can least afford such increases, and that
the threat of such actions contributes to expensive medical procedures to be performed by
physicians and other health care providers which otherwise would not be considered necessary,
and that the spiraling costs and decreasing availability of essential medical services caused
by the threat of such litigation constitutes a danger to the health and...
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8-6-91
Section 8-6-91 Definitions. In this article, unless the context otherwise requires, the following
terms shall have the meanings ascribed to them by this section: (1) BANK. A bank, trust company,
national banking association, savings bank, or industrial bank. (2) BROKER. A person, including
a bank, lawfully engaged in the business of effecting transactions in securities for the account
of others and includes a broker lawfully engaged in buying and selling securities for his
own account. (3) ISSUER. A person who places, or authorizes the placing of, his name on a
security other than as a transfer agent to evidence that it represents a share, participation,
or other interest in his property or in an enterprise or to evidence his duty to perform an
obligation evidenced by the security or who becomes responsible for or in place of any such
person. (4) PERSON. Such term includes a corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or...
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10A-20-8.03
Section 10A-20-8.03 Withdrawal from parent organization and use of fraternal property free
from trust clause. (a) The majority group of any local organization may withdraw from the
parent organization and, upon withdrawal, shall be permitted to devote the fraternal property
to the uses originally intended free of the influence of the trust clause; provided, that
the facts upon which the right of withdrawal is conditioned under this section shall be judicially
determined to exist in and by a judicial proceeding as provided for in this article. (b) While
this article is not intended to control any rules, fraternal, educational, social, or other
formula or practice of the parent organization, one of its purposes is to afford an effective
remedy and procedure for the preservation and protection of trust, charitable, educational,
or fraternal property from impairment or loss thereof when the intended trust use thereof
is threatened as a proximate result of subsequent action by the parent...
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11-54-22
Section 11-54-22 Powers of municipalities generally as to acquisition, leasing, etc., of projects
for industry, trade, and pollution control. In addition to any other powers which it may now
have, each municipality shall have the following powers: (1) To acquire and, in connection
with such acquisition, to enlarge, improve, and expand, whether by construction, purchase,
gift, or lease, one or more projects which shall be located within this state and may be located
within or without the municipality or partially within or partially without the municipality,
but which shall not be located more than 15 miles outside of the corporate limits of the municipality;
(2) To lease to others any or all of its projects for such rentals and upon such terms and
conditions as the governing body may deem advisable and as shall not conflict with the provisions
of this article; and (3) To issue revenue bonds for the purpose of defraying the cost of acquisition
by construction and purchase and, in...
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33-2-3
Section 33-2-3 Acquisition, construction, maintenance, operation, etc., of facilities; plans
and survey; limitation upon right of eminent domain. Through the Alabama State Docks Department,
the state, in engaging in the works of internal improvements authorized by this article, shall
have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip,
control and operate along navigable rivers, streams or waterways and at river ports or landings
along navigable rivers, streams or waterways now or hereafter existing within the state, wharves,
piers, docks, quays, grain elevators, cotton compresses, warehouses, improvements and water
and rail terminals and such structures and facilities as may be needful for convenient use
of the same, in aid of commerce and use of navigable waterways of the state, to the fullest
extent practical and as the State Docks Department shall deem desirable or proper. This authority
shall include dredging of approaches to any facilities...
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33-2-33
Section 33-2-33 Authority to acquire, construct, maintain, etc., new facilities; completion
of facilities acquired under 1957 act; plans and survey; approval of Governor; permit or consent
from federal authorities. The state, acting through the department, shall, in engaging in
the works of internal improvement authorized by this article, have the power to acquire, purchase,
install, lease, construct, own, hold, maintain, equip, control and operate along navigable
rivers, streams or waterways now or hereafter existing within the state, and at river ports
or landings along such navigable rivers, streams or waterways, dock facilities of all kinds,
in aid of commerce and use of navigable waterways of the state, to the fullest extent practicable
and to such extent as the department shall deem desirable or proper. The authority herein
granted shall include the completion of any dock facilities originally acquired under the
provisions of the 1957 Docks Act, and also the dredging of...
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36-27-84
Section 36-27-84 Board of Control's and employer's duties and responsibilities; employers may
elect to come under provisions. (a) Commencing with the fiscal year beginning October 1, 1988,
the Board of Control of the Employees' Retirement System shall determine annually the amount
required to pay the cost of the increased allowance provided under Sections 36-27-80 and 36-27-82
of this article and shall notify the chief fiscal officer of each employer the percentum rates
of earnable compensation of the numbers required to be paid to the retirement system. Each
employer of members of the Employees' Retirement System of Alabama shall pay on account of
the increases provided in Sections 36-27-80 and 36-27-82 in the same manner and from the same
source of funds as provided in Sections 36-27-24 and 36-27-7, it being the intent of the Legislature
that the cost of providing the increases in Sections 36-27-80 and 36-27-82 of this article
shall be distributed from all funds in proportion to the...
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40-18-370
credit as authorized and provided for in this article. (10) JOBS CREDIT. The annual incentive
provided in Section 40-18-375. (11) NAICS CODE. Any sector, subsector, industry group, industry
or national industry of the 2012 North American Industry Classification System, or any similar
classification system developed in conjunction with the United States Department of Commerce
or Office of Management and Budget. (12) PROJECT. Any land, building, or other improvements,
and all real and personal properties, whether or not contiguous and whether or not
previously in existence, if in Alabama and if deemed necessary or useful in connection with
an activity listed in Section 40-18-372(1). (13) PROJECT AGREEMENT. The agreement entered
into between an approved company and the Governor establishing the terms and conditions for
the provision of the jobs act incentives, as provided for in Section 40-18-374. (14) QUALIFYING
PROJECT. Any project to be undertaken by an approved company that...
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