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27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
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32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds, procedure,
etc. (a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel
any driver's license upon determining that the licensee was not entitled to the issuance thereof
or that the licensee failed to give the correct or required information in his or her application.
Upon such cancellation, the licensee must surrender the license so cancelled. If the licensee
refuses to surrender the license, he or she shall be guilty of a misdemeanor. (b) The privilege
of driving a motor vehicle on the highways of this state given to a nonresident shall be subject
to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency in
like manner and for like cause as a driver's license issued may be suspended or revoked. (c)
The Secretary of the Alabama State Law Enforcement Agency is further authorized, upon receiving
a record of the conviction in this state of a...
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7-9A-330
Section 7-9A-330 Priority of purchaser of chattel paper or instrument. (a) Purchaser's priority:
Security interest claimed merely as proceeds. A purchaser of chattel paper has priority over
a security interest in the chattel paper which is claimed merely as proceeds of inventory
subject to a security interest if: (1) in good faith and in the ordinary course of the purchaser's
business, the purchaser gives new value and takes possession of the chattel paper or obtains
control of the chattel paper under Section 7-9A-105; and (2) the chattel paper does not indicate
that it has been assigned to an identified assignee other than the purchaser. (b) Purchaser's
priority: Other security interests. A purchaser of chattel paper has priority over a security
interest in the chattel paper which is claimed other than merely as proceeds of inventory
subject to a security interest if the purchaser gives new value and takes possession of the
chattel paper or obtains control of the chattel paper under...
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13A-6-20
Section 13A-6-20 Assault in the first degree. (a) A person commits the crime of assault in
the first degree if: (1) With intent to cause serious physical injury to another person, he
or she causes serious physical injury to any person by means of a deadly weapon or a dangerous
instrument; or (2) With intent to disfigure another person seriously and permanently, or to
destroy, amputate, or disable permanently a member or organ of the body of another person,
he or she causes such an injury to any person; or (3) Under circumstances manifesting extreme
indifference to the value of human life, he or she recklessly engages in conduct which creates
a grave risk of death to another person, and thereby causes serious physical injury to any
person; or (4) In the course of and in furtherance of the commission or attempted commission
of arson in the first degree, burglary in the first or second degree, escape in the first
degree, kidnapping in the first degree, rape in the first degree, robbery in...
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45-45-232.02
Section 45-45-232.02 Forfeiture of weapons. (a) Any device which is used as a weapon in the
commission of a crime against any person or any device which is used as a weapon in any attempt
to commit any crime against any person, and any weapon or device possessed during any violation
of the laws concerning controlled substances, and any weapon or device found on or about the
person of any juvenile regardless of whether or not they are charged or convicted of a crime,
and any weapon for which a person has been convicted of the crime of carrying a concealed
weapon, and any weapon or device which is found on or about the person of any person who is
prohibited by law from carrying or possessing the device or weapon, and any device or weapon
which is abandoned or otherwise found and the lawful owner cannot be located is hereby declared
to be contraband, forfeited, and becomes property of the State of Alabama; provided, however,
that a motor vehicle shall not be deemed to be a device or...
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20-2-260
Section 20-2-260 Permit authorized. (a) The Board of Medical Examiners may at any future date
it chooses create a Limited Purpose Schedule II Permit (LPSP), and assess fees associated
with the permit, that, along with any other necessary registration, may permit assistants
to physicians, certified registered nurse practitioners, or certified nurse midwives to lawfully
prescribe, administer, authorize for administration, or dispense only those controlled substances
listed in Schedule II substances of Article 2 of Chapter 2 of this title in accordance, as
specified and limited by the permit, with rules adopted by the board and any protocols, formularies,
and medical regimens established by the board for regulation of a LPSP. Any protocols, formularies,
and medical regimens shall not be considered administrative rules under the Alabama Administrative
Procedure Act. (b) An assistant to physician, certified registered nurse practitioner, or
certified nurse midwife shall not utilize his or...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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34-21-25
Section 34-21-25 Denial, suspension, or revocation of license; administrative fines; voluntary
disciplinary alternative program. (a) For disciplinary purposes, the board may adopt, levy,
and collect administrative fines not to exceed one thousand dollars ($1,000) per violation
and may institute any legal proceedings necessary to effect compliance with this chapter against
its licensees. (b)(1) The board may also deny, revoke, or suspend any license issued by it
or otherwise discipline a licensee, or holder of a multistate privilege to practice in Alabama,
upon proof of any of the following regarding the licensee: a. Is guilty of fraud or deceit
in procuring or attempting to procure a license. b. Has been convicted of a felony. c. Is
guilty of a crime involving moral turpitude or of gross immorality that would tend to bring
reproach upon the nursing profession. d. Is unfit or incompetent due to the use of alcohol,
or is addicted to the use of habit-forming drugs to such an extent as to...
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35-19-9
Section 35-19-9 Duration of environmental covenants. (a) An environmental covenant is perpetual
unless any of the following conditions apply: (1) The covenant is limited to a specific duration
or terminated by the occurrence of a specific event. (2) The covenant is terminated or modified
by consent pursuant to Section 35-19-10. (3) The covenant is terminated or modified pursuant
to subsection (b). (4) The covenant is terminated by foreclosure of an interest that has priority
over the environmental covenant. (5) The covenant is terminated or modified in an eminent
domain proceeding, but only if each of the following requirements are satisfied: a. The department
is a party to the proceeding. b. All persons identified in subsections (a) and (b) of Section
35-19-10 are given notice of the pendency of the proceeding. c. The court determines, after
hearing, that the termination or modification will not adversely affect human health or the
environment. (b) If the department has determined...
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