Code of Alabama

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45-29-90.11
Section 45-29-90.11 Regulation of zoning, planning, and construction. For the purpose of promoting
the health, safety, morals, convenience, environment order, prosperity, and general welfare,
all power and authority regarding zoning and planning within the management area is hereby
vested in the board of directors of the authority. As described herein, no regulated activity
shall commence without the applicant having first obtained a land use certificate as issued
by the authority. (1) The board is authorized to regulate the planning, zoning, and construction
within the management area of all activity involving public streets, public roads, subdivisions,
drainage structures in subdivisions, mobile home parks, residential and commercial developments,
apartments, recreation parks, coal mining, gas/oil and methane exploration and development,
excavation, and logging. The board is hereby authorized to adopt and enforce such ordinances
as shall be necessary to implement any development...
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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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7-1-303
Section 7-1-303 Course of performance, course of dealing, and usage of trade. (a) A "course
of performance" is a sequence of conduct between the parties to a particular transaction
that exists if: (1) The agreement of the parties with respect to the transaction involves
repeated occasions for performance by a party; and (2) The other party, with knowledge of
the nature of the performance and opportunity for objection to it, accepts the performance
or acquiesces in it without objection. (b) A "course of dealing" is a sequence of
conduct concerning previous transactions between the parties to a particular transaction that
is fairly to be regarded as establishing a common basis of understanding for interpreting
their expressions and other conduct. (c) A "usage of trade" is any practice or method
of dealing having such regularity of observance in a place, vocation, or trade as to justify
an expectation that it will be observed with respect to the transaction in question. The existence
and...
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9-16-8
Section 9-16-8 Bonds, cash deposits or securities deposits of operators. (a) Any bond provided
in this article to be filed with the department by the operator shall be in the form as the
director prescribes, payable to the State of Alabama and conditioned that the operator shall
faithfully perform all applicable requirements of this article and comply with all applicable
rules of the department made in accordance with the provisions of this article. The bond shall
be signed by the operator, as principal, and by a good and sufficient corporate surety licensed
to do business in the State of Alabama, as surety. The penalty of the bond shall be two thousand
five hundred dollars ($2,500) for each acre covered by the permit. In lieu of a bond, the
operator may elect to deposit cash or negotiable bonds of the United States government or
the State of Alabama or any municipality within the state with the department in lieu of a
corporate surety. The cash deposit or market value of the...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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22-8A-7
Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc.
(a) A competent adult may make decisions regarding life-sustaining treatment and artificially
provided nutrition and hydration so long as that individual is able to do so. The desires
of an individual shall at all times supersede the effect of an advance directive for health
care. (b) If the individual is not competent at the time of the decision to provide, withhold,
or withdraw life-sustaining treatment or artificially provided nutrition and hydration, a
living will executed in accordance with Section 22-8A-4(a) or a proxy designation executed
in accordance with Section 22-8A-4(b) is presumed to be valid. For the purpose of this chapter,
a health care provider may presume in the absence of actual notice to the contrary that an
individual who executed an advance directive for health care was competent when it was executed.
The fact of an individual's having executed an advance directive for...
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33-8-1
Section 33-8-1 Authorization; provisions generally; legislative approval and ratification.
The Governor on behalf of this state is hereby authorized to execute a compact, in substantially
the following form, with the State of Mississippi; and the Legislature hereby signifies in
advance its approval and ratification of such compact, which compact is as follows: TOMBIGBEE-TENNESSEE
WATERWAY DEVELOPMENT COMPACT Article I. The purpose of this compact is to promote the development
of a navigable waterway connecting the Tennessee and Tombigbee Rivers by way of the east fork
of the Tombigbee River and Mackeys and Yellow Creeks so as to provide a nine-foot navigable
channel from the junction of the Tombigbee and Warrior rivers at Demopolis in the State of
Alabama to the junction of Yellow Creek with the Tennessee River at Pickwick Pool in the State
of Mississippi, and to establish a joint interstate authority to assist in these efforts.
Article II. This compact shall become effective...
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34-24-276
Section 34-24-276 Suspension or revocation; members of board immune from suit. (a) A license
issued to any person may be suspended for a definite period of time, revoked, or limited,
or a licensee may be reprimanded, or an application for licensure or renewal of licensure
may be denied by the State Board of Podiatry for any of the following reasons: (1) Conviction
of any offense involving moral turpitude, in which case the record of conviction or a certified
copy thereof certified by the clerk of the court or by the judge in which court the conviction
is had shall be conclusive evidence of such conviction. (2) Unprofessional conduct including
any conduct of a character likely to deceive or defraud the public, lending his or her license
to any person, the employment of "cappers," or "steerers" to obtain business,
"splitting" or dividing a fee with any person or persons, the obtaining of any fee
or compensation by fraud or misrepresentation, employing directly or indirectly any suspended...

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5-3A-33
Section 5-3A-33 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE APRIL 4, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Whenever a serviced
bank causes to be performed for itself, by contract or otherwise, any of the covered services
listed in this section, the performance, condition, and affairs of the service provider are
subject to regulation and examination to the same extent as if the services were being performed
by the serviced bank itself when deemed necessary by the superintendent to ensure the safe
and sound operation of a serviced bank or serviced banks or to respond to a danger, or potential
danger, to the public welfare. (b) For the purposes of this section, covered services include
all of the following: (1) Data processing services. (2) Activities that support financial
services including, but not limited to, lending, funds transfer, fiduciary activities, trading
activities, and deposit taking. (3) Internet related services...
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11-50-392
Section 11-50-392 Contents, acknowledgment, filing, and recordation of certificate of incorporation;
procedure for amendment thereof; dissolution of district and disposition of systems, etc.,
upon payment of indebtedness of district in full. (a) The certificate of incorporation of
any gas district incorporated under this article shall state: (1) The name of the corporation,
which shall be a name indicating in a general way the area or municipalities proposed to be
served by the district (e.g., "The South Alabama Gas District" or "The _____
County Gas District" or "The _____, _____, and _____ (naming the municipalities
which are members thereof) Gas District"); (2) The names of all the municipalities which
are to be members of the district; (3) The location of the principal office of the district
and its post office address; (4) The period for the duration of the corporation (if the duration
is to be perpetual, this fact should be stated); and (5) The objects for which the district
is...
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