Code of Alabama

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45-10-20
Section 45-10-20 Regulation of liquor traffic. (a) The Legislature of Alabama is cognizant
of "Opinion of the Justices No. 376," issued April 9, 2002, which states 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, this body disagrees with the conclusion reached by the court concerning...

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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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10A-1-7.35
Section 10A-1-7.35 Out of state business or property of foreign entity not subject to control
or regulation. (a) The public interest lying in the promotion of business and industry in
this state, it is the intent of the Legislature and declared to be the policy of the State
of Alabama by passage of this section to promote and encourage industry and business in Alabama
and specifically to induce the location within this state of the principal administrative
office, principal distribution or manufacturing plant or principal place of business of foreign
entities engaged in manufacturing, industrial, commercial, business, transportation, utility,
public service, and research enterprises. This section shall be liberally construed in conformity
with this intention. (b) When a foreign entity that transacts only a portion of its business
in this state has located, or is in the process of locating, its principal administrative
office, its principal distribution or manufacturing plant or its...
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11-81-244
Section 11-81-244 Application for funding; administration of program; powers and duties of
local governments; installation of improvements; assessments. (a) A real property owner in
a designated region may apply to a local government under a program for funding to finance
a qualified project and enter into a written contract with the local government. Costs of
the project incurred by the real property owner or the local government for such purposes
may be collected as an assessment, as authorized in Section 11-81-242. (b) A local government
may enter into a partnership with one or more other local governments for the purpose of providing
and financing qualified projects. (c) A qualified program may be administered by a for-profit
or nonprofit organization on behalf of and at the discretion of the local government. (d)
A local government may incur debt for the purpose of providing the improvements, payable from
revenues received from the improved real property, or any other available...
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19-3D-12
Section 19-3D-12 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. DECANTING POWER UNDER
LIMITED DISTRIBUTIVE DISCRETION. (a) In this section, "limited distributive discretion"
means a discretionary power of distribution that is limited to an ascertainable standard or
a reasonably definite standard. (b) An authorized fiduciary that has limited distributive
discretion over the principal of the first trust for the benefit of one or more current beneficiaries
may exercise the decanting power over the principal of the first trust. If an authorized fiduciary
has limited distributive discretion over part but not all of the principal of a first trust,
the fiduciary may exercise the decanting power over that part of the principal over which
the authorized fiduciary has limited distributive discretion. (c) Under this section and subject
to Section 19-3D-14, a second trust may be created or...
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23-1-100
Section 23-1-100 "Captive county" defined. Unless different meanings are expressly
specified in subsequent provisions of this article the term "captive county" means
a county where the State Department of Transportation by local law or general law with local
application is responsible for the construction, repair, and maintenance of the roads and
bridges of the respective county. (Acts 1979, No. 79-688, p. 1217, ยง1.)...
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40-7-18
Section 40-7-18 Allocation of tax obligation between transferor and foreign corporate transferee
of property sold for certain purposes. (a) The public interest lying in the promotion of business
and industry in this state, it is the intent of the Legislature and declared to be the policy
of the State of Alabama by the passage of this section to promote and encourage industry and
business in Alabama and specifically to induce the location within this state of the principal
administrative office, principal distribution or manufacturing plant, or principal place of
business of foreign corporations engaged in manufacturing, industrial, commercial, business,
transportation, utility, public service, and research enterprise. This section shall be liberally
construed in conformity with the said intention. (b) When any real or personal property within
this state is sold to, acquired by or transferred to any foreign corporation during any property
tax year in connection with locating within this...
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11-99-5
Section 11-99-5 Determination of tax increment base; aggregate valuation of taxable property;
acquisition or lease of property by public entity; identification of property; notice. (a)
Upon the creation of a tax increment district or adoption of any amendment pursuant to subsection
(c) of this section, the tax increment base shall be determined. (b) Upon application in writing
by the local finance officer, the tax assessor (or the officer of the county performing the
duties of a tax assessor) for each county in which any part of the district is located shall
determine according to his or her best judgment from all sources available to him or her the
full aggregate value of the taxable property in the district located in that county. The aggregate
valuation from all such tax assessors or other such public officials, upon certification to
the local finance officer, shall constitute the tax increment base of the district. (c) If
the public entity creating a tax increment district in which...
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16-16B-2.1
Section 16-16B-2.1 Wireless infrastructure and mobile digital computing devices; application
for funds; implementation plan. (a)(1) Contingent on funding, during the 2016-2017 school
year, local school systems may begin installing sufficient, high-quality standards-based broadband
WiFi infrastructure and, where possible, mobile digital devices to enable access to digital
instructional materials and, to the extent practicable, textbooks in electronic format. (2)
In order to accomplish subdivision (1), the following priorities are established: a. Wireless
infrastructure: The first priority for the expenditure of Alabama Ahead Act funds is the establishment
of a high-quality, standards-based wireless local area network (WLAN) infrastructure capable
of providing all teachers and students with sufficient WiFi broadband access in all classrooms
and common areas of schools, where feasible as described in WIRED. b. Standards: Local school
systems shall use applicable funds to install wireless...
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22-27-48
Section 22-27-48 Implementation of plans. (a) In addition to any regulatory bodies, the governing
body of a county or municipality has a responsibility for and the authority to assure the
proper management of solid wastes generated within its jurisdiction in accord with its solid
waste management plan. A governing body may assign territories and approve or disapprove disposal
sites in its jurisdiction in accord with the plan approved for its jurisdiction. Such approval
or disapproval of services or activities described in the local plan shall be in addition
to any other approvals required from other regulatory authorities and shall be made prior
to any other approvals necessary for the provision of such services, the development of a
proposed facility or the modification of permits for existing facilities. (b) The department
may not consider an application for a new facility unless the application has received approval
pursuant to Section 22-27-48.1 by the affected local governing...
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