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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. ยง1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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45-49-151.17
Section 45-49-151.17 Disposition of funds. (a) All fees, commissions, taxes, and other monies,
including fines and forfeitures, received under this subpart shall be paid to the racing commission
and shall be remitted by it to the county treasurer for deposit in the county treasury to
the account of the Mobile County Racing Commission as directed by the racing commission. All
monies remaining after payment of the expenses incurred in the administration of this subpart
including, but not limited to, the payment of the salaries and expenses of the members and
employees of the racing commission, and subject to any reserves for contingencies as the racing
commission shall direct, shall be distributed by the county treasurer monthly as follows:
(1) Until the capital improvement fund has accumulated four million two hundred thousand dollars
($4,200,000): Forty percent to the University of South Alabama for the use of the medical
school; 10 percent to S. D. Bishop State Community College; 15...
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11-49B-7
subject to the provisions of Section 11-49B-19 specified in its certificate of incorporation.
(2) To sue and be sued in its own name in civil suits and actions and to defend suits against
it. (3) To adopt and make use of a corporate seal and to alter the seal at pleasure. (4) To
adopt and alter bylaws for the regulation and conduct of its affairs and business. (5) To
acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties
or municipalities and whether located within or outside the authorizing county. (6) To make,
enter into, and execute contracts, agreements, leases, and other instruments and to take other
actions as may be necessary or convenient to accomplish any purpose for which the authority
was organized or to exercise any power expressly granted under this chapter. (7) To plan,
establish, develop, acquire, purchase, lease, construct, reconstruct,...
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11-32-7
and trust indentures, or either. (17) Exercise the power of eminent domain, except as limited
by state law, except the authority may not acquire, without the consent of the owner, any
transportation system from which public transportation service is currently being furnished.
The authority may not by eminent domain acquire any real property or rights owned or held
by public or private railroads or utilities. (18) Expend funds for the purchase or lease of
materials, equipment, supplies, or other personal property without compliance with
Chapter 16 of Title 41. (19) Appoint, employ, contract with, and provide for the compensation
of, officers, employees, and agents, including, but without limitation to, engineers, attorneys,
management consultants, fiscal advisers, or other consultants without regard to Chapter 16
of Title 41, or any law establishing a civil service or merit system that might otherwise
be applicable, as the business of the authority may deem necessary or desirable, and...
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13A-9-150
improperly charted, coded, or billed for any medical or health care service, common practices,
including but not limited to, repayment, even years later, may use as a defense to, or ground
for dismissal of, a prosecution under this section. (i) The introduction into evidence of
a paid state warrant to the order of the defendant is prima facie evidence that the defendant
did receive public assistance from the state. (j) The introduction into evidence of a transaction
history generated by a personal identification number (PIN) establishing a purchase
or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient
received public assistance from the state. (k)(1) If an original record is admissible in any
case or proceeding in a court in the state, a certified copy of the record in the custody
of any federal or state agency relating to an investigation of public assistance fraud under
this section shall be admissible when certified and affirmed by the...
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25-5-1
an artificial member of the body by accidental means. (8) INJURIES BY AN ACCIDENT ARISING OUT
OF AND IN THE COURSE OF THE EMPLOYMENT. Without otherwise affecting either the meaning or
interpretation of the clause, the clause does not cover workers except while engaged in or
about the premises where their services are being performed or where their service requires
their presence as a part of service at the time of the accident and during the hours of service
as workers. (9) INJURY. "Injury and personal injury"
shall mean only injury by accident arising out of and in the course of the employment,
and shall not include a disease in any form, except for an occupational disease or where it
results naturally and unavoidably from the accident. Injury shall include physical
injury caused either by carpal tunnel syndrome disorder or by other cumulative trauma
disorder if either disorder arises out of and in the course of the employment, and breakage
or damage to eyeglasses, hearing aids,...
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36-27-25
Section 36-27-25 Funds for assets of retirement system - Management. (a) The Board of Control
shall be the trustees of the several funds of the Employees' Retirement System created by
this article as provided in Section 36-27-24 and shall have full power to invest and reinvest
the funds, through its Secretary-Treasurer in the classes of bonds, mortgages, common and
preferred stocks, shares of investment companies or mutual funds, or other investments as
the Board of Control may approve, with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise of a like character and with like
aims. Subject to like terms, conditions, limitations and restrictions, the Board of Control,
through its Secretary-Treasurer, shall have full power to hold, purchase, sell, assign, transfer,
and dispose of any investments in which the funds created in Section...
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45-37A-51.137
an endorser or surety or in any manner an obligor for monies loaned to or borrowed from the
board. In the adjudication of claims against the fund, the records of the city director of
finance and subcustodian made and kept for the purpose of this subpart shall be deemed prima
facie, to speak the truth. (c) The board of managers shall have the sole and absolute discretion,
if the board deems it advisable to invest, reinvest, and have invested and reinvested all
funds of the system, real and personal, in the classes of bonds, mortgages, common
and preferred stocks, shares of investment companies or mutual funds, real estate investment
trusts, international equity, corporate fixed income, international fixed income, index funds,
and derivative securities, and investments recognized as alternative investments or other
investments as the board of managers may approve, subject to the limitations herein provided.
No money of the fund shall be invested, paid out, or disbursed except pursuant...
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9-18A-1
under this compact any and all donations and grants of money, equipment, supplies, materials
and services (conditional or otherwise) from any state or the United States or any subdivision
or agency thereof, or interstate agency, or from any institution, person, firm or corporation,
and may receive, utilize and dispose of the same. "(i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold and convey real and personal property and any interest therein. "(j) The
board shall adopt bylaws, rules and regulations in convenient form, and shall also file a
copy of any amendment thereto, with the appropriate agency or officer in each of the party
states. "(k) The board annually shall make to the governor of each party state, a report
covering the activities of the board for the preceding year, and embodying such recommendations
as may have been adopted by the board, which report shall be transmitted to the...
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11-65-5
Section 11-65-5 Composition of commission; terms; qualifications; removal from office. (a)
Every commission shall have five members, which shall constitute its governing body. All powers
of a commission shall be exercised by its members or pursuant to their authorization. The
mayor or other chief executive officer of the sponsoring municipality and the president or
other designated presiding officer of the county commission of the host county shall each
serve as a member ex officio, unless such official exercises his or her right, as provided
in subsection (b), to appoint a fixed-term member to serve in lieu of such official. The service
of each such official as a member shall begin with the beginning of his or her tenure in such
office and shall end with the ending of such tenure or the appointment by such official of
a fixed-term member to serve in lieu of his or her ex officio service. The other three members
shall be appointed in the manner hereinafter prescribed as soon as may be...
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