Code of Alabama

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9-16-73
Section 9-16-73 Surface Mining Commission - Creation; composition; officers; compensation;
meetings; offices; funds; removal of members. (a) There is continued as previously established
the Alabama Surface Mining Reclamation Commission under the name of the Alabama Surface Mining
Commission for the purpose of transition in implementing and enforcing this article and carrying
out the intent and policy stated in Section 9-16-71. All members of the commission appointed
under authority of Section 9-16-33, shall continue their terms as created under that section
until all reappointments and filling of vacancies have been filled in the manner as provided
in this section. At the expiration of any term, that member shall continue in office until
an appointment occurs as provided in this section. After February 25, 1994, no member shall
serve more than two full consecutive terms of office. (b) The commission shall be composed
of seven members, who are fair and reasonable citizens of the state...
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16-44-1
by the commission pursuant to this paragraph or services borrowed pursuant to paragraph F of
this article shall be reported in the annual report of the commission. Such report shall include
the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and
the identity of the donor or lender. H. The commission may establish and maintain such facilities
as may be necessary for the transacting of its business. The commission may acquire, hold,
and convey real and personal property and any interest therein. I. The commission shall
adopt bylaws for the conduct of its business and shall have the power to amend and rescind
these bylaws. The commission shall publish its bylaws in convenient form and shall file a
copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in
each of the party states. J. The commission annually shall make to the governor and legislature
of each party state a report covering the activities of the...
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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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15-12-25
Section 15-12-25 Reimbursement of fees of court appointed counsel by defendant; default. (a)(1)
A court may require a convicted defendant to pay the fees of court appointed counsel. Fees
of court appointed counsel for the purposes of this section, shall mean any attorney's fees
and expenses paid an appointed counsel, contract counsel, or public defender. (2) The court
shall not order a defendant to pay the fees of court appointed counsel unless the defendant
is or will be able to pay them. In determining the amount and method of payment of these fees,
the court shall take into account the financial resources of the defendant and the nature
of the burden that payment of the fees will impose. A defendant who has been ordered to pay
the fees of court appointed counsel and who is not in contumacious default in the payment
thereof may at any time petition the court which sentenced him or her for remission of the
payment of these fees or of any unpaid portion thereof. If it appears to the...
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15-12-20
Section 15-12-20 Matters to be ascertained by trial judges as to representation of defendants
prior to arraignment. In all criminal cases, including paternity cases, and civil and criminal
nonsupport cases which may result in the jailing of the defendant, in any court of this state
created by authority of the Constitution of Alabama of 1901, as amended, when a defendant
is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain
from the accused, or otherwise: (1) Whether or not the defendant has arranged to be represented
by counsel; (2) Whether or not the defendant desires the assistance of counsel; and (3) Whether
or not the defendant is able financially or otherwise to obtain the assistance of counsel
in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108;
Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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41-4-320
Section 41-4-320 Legislative findings. The Legislature finds and declares the following: The
purpose of this article is to provide for the defense of those indigent defendants who have
been found by a court to be unable to pay for their defense or representation in a trial or
appellate court proceeding. When a court determines that a person is unable to pay for his
or her defense, it shall be the responsibility of the court, subject to the establishment
of the Office of Indigent Defense Services as set forth in this article, to provide that person
with counsel and other necessary expenses of representation. (Act 2011-678, p. 1862, §1.)...

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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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26-2A-2
Section 26-2A-2 Rule of construction; purposes. (a) This chapter shall be liberally construed
and applied to promote its underlying purposes and policies. (b) The underlying purposes and
policies of this chapter are to: (1) Simplify and clarify the law concerning the affairs of
minors, missing or disappeared persons, protected persons, and incapacitated persons; (2)
Promote a speedy and efficient system for managing and protecting the estates of protected
persons so that assets may be preserved for application to the needs of protected persons
and their dependents; (3) Provide a system of general and limited guardianships for minors
and incapacitated persons and to coordinate guardianships and protective proceedings concerned
with management and protection of estates of incapacitated persons; and (4) Make uniform the
law among the various jurisdictions. (Acts 1987, No. 87-590, p. 975, §1-102.)...
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16-6D-6
Section 16-6D-6 Innovation plan. (a) The innovation plan of a local school system shall include,
at a minimum, all of the following: (1) The school year that the local school system expects
the school flexibility contract to begin. (2) The list of state laws, regulations, and policies,
including rules, regulations, and policies promulgated by the State Board of Education and
the State Department of Education, that the local school system is seeking to waive in its
school flexibility contract. (3) A list of schools included in the innovation plan of the
local school system. (b) A local school system is accountable to the state for the performance
of all schools in its system, including innovative schools, under state and federal accountability
requirements. (c) A local school system may not, pursuant to this chapter, waive requirements
imposed by federal law, requirements related to the health and safety of students or employees,
requirements imposed by ethics laws, requirements imposed...
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