Code of Alabama

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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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11-101A-8
subject, however, to Chapter 93 of this title, which chapter is hereby made applicable to the
authority. (3) To adopt, alter, amend, and repeal bylaws, regulations, and rules for the regulation
and conduct of its affairs and business. (4) To adopt and make use of a corporate seal and
to alter the same at pleasure. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise and to improve, maintain, equip, and furnish one or more projects,
including all real and personal properties which the board deems necessary in connection
therewith, regardless of whether any projects are then in existence, at such place or places,
within and without the boundaries of its authorizing subdivisions, as it considers necessary
or advisable. (6) To lease or otherwise make available its projects or other of its properties
or assets, with or without charge, to the United States or to one or more of its authorizing
subdivisions, for sublease to the United States, on such terms...
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11-28-1.1
Section 11-28-1.1 Definitions. As used in this chapter, the following words and phrases shall
have the following respective meanings, unless the context clearly indicates otherwise: (1)
COSTS. When used with reference to or in connection with any public facility or any portion
thereof, include all or any part of the cost of acquiring, constructing, altering, enlarging,
extending, reconstructing, or remodeling such public facility, including the cost of all lands,
structures, real or personal property, rights, rights-of-way, franchises, easements,
permits, licenses, and interests acquired or used for, in connection with or with respect
to such public facility, the cost of demolishing or removing any buildings or structures on
land so acquired, including the cost of acquiring land to which such buildings or structures
may be moved, the cost of all machinery, equipment, furniture, furnishings, and fixtures acquired
or used for, in connection with or with respect to such public facility,...
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11-62-1
Section 11-62-1 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, in the absence of clear implication
herein otherwise, be given the following respective interpretations herein: (1) AUTHORITY.
Any public corporation organized pursuant to this chapter. (2) AUTHORIZED PURPOSE OBLIGATION.
The term includes either of the following: a. Any lease, note, installment sale contract,
or any other obligation of a user, whether general or special, which was entered into, made,
assumed, or otherwise incurred by the user, in whole or in part, for the purpose of financing
the acquisition or ownership of one or more facilities, for the purpose of obtaining funds
with which to operate one or more facilities or for any combination of those purposes. b.
Any obligation of any kind which was entered into, made, assumed, or otherwise incurred by
the United States of America or any department, agency, or instrumentality...
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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (3) To adopt and make
use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (5) To acquire, receive, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) 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...
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41-9-472
Section 41-9-472 Powers and duties. The commission shall be authorized: (1) To investigate
and select an available site for housing the exhibits, including the surrounding grounds,
in cooperation with the community, taking into consideration all pertinent factors affecting
the suitability of such site; (2) To acquire by rent or lease agreement or otherwise the necessary
housing facilities; and to establish, improve and enlarge the available facility, including
providing it with necessary equipment, furnishings, landscaping and related facilities, including
parking areas and ramps, roadways, sewers, curbs, and gutters; (3) To enter into such contracts
and cooperative agreements with local, state and federal governments, with agencies of such
governments, with private individuals, corporations, associations and other organizations
as the commission may deem necessary or convenient to carry out the purpose of this article,
with such contracts and agreements to include leases to private...
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36-25-1
person is associated in a manner different from the manner it affects the other members of
the class to which he or she belongs. A conflict of interest shall not include any of the
following: a. A loan or financial transaction made or conducted in the ordinary course of
business. b. An occasional nonpecuniary award publicly presented by an organization for performance
of public service. c. Payment of or reimbursement for actual and necessary expenditures for
travel and subsistence for the personal attendance of a public official or public employee
at a convention or other meeting at which he or she is scheduled to meaningfully participate
in connection with his or her official duties and for which attendance no reimbursement is
made by the state. d. Any campaign contribution, including the purchase of tickets to, or
advertisements in journals, for political or testimonial dinners, if the contribution is actually
used for political purposes and is not given under circumstances from...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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