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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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26-1A-102
Section 26-1A-102 Definitions. In this chapter: (1) "Agent" means a person
granted authority to act for a principal under a power of attorney, whether denominated an
agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor
agent, and a person to which an agent's authority is delegated. (2) "Durable," with
respect to a power of attorney, means not terminated by the principal's incapacity. (3) "Electronic"
means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities. (4) "Good faith" means honesty in fact. (5) "Incapacity"
means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate
decisions even with the use of technological assistance; or (B) is: (i) missing; (ii) detained,
including incarcerated in a penal system; or (iii) outside the United States and...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the
agency shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in
its corporate name. b. May sue and be sued in its corporate name. c. May adopt, use and alter
a corporate seal, which shall be judicially noticed. d. May enter into such contracts and
cooperative agreements with the federal, state and local governments, with agencies of such
governments, with private individuals, corporations, associations, trusts and other organizations
as the board may deem necessary or convenient to enable it to carry out the purposes of this
chapter, including the planned, orderly residential development of the area. e. May adopt,
amend and repeal bylaws. f. May appoint such managers, officers, employees, attorneys and
agents as the board deems necessary for the transaction of its business, fix their compensation,
define their duties, require bonds of such of them as the board may...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division
and from the computation of the amount of the tax levied, assessed, or payable under this
division the following: (1) The gross proceeds of the sales of lubricating oil and gasoline
as defined in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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16-6F-6
Section 16-6F-6 Authorization of establishment; Alabama Public Charter School Commission;
registration requirements; powers and duties of authorizers. (a) Eligible authorizing entities.
(1) A public charter school shall not be established in this state unless its establishment
is authorized by this section. No governmental entity or other entity, other than an
entity expressly granted chartering authority as set forth in this section, may assume
any authorizing function or duty in any form. The following entities shall be authorizers
of public charter schools: a. A local school board, for chartering of schools within the boundaries
of the school system under its jurisdiction, pursuant to state law. b. The Alabama Public
Charter School Commission, pursuant to this section. (2) A local school board that
registers as an authorizer may approve or deny an application to form a public charter school
within the boundaries of the local school system overseen by the local school board. (3) All...
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26-1A-201
Section 26-1A-201 Authority that requires specific grant; grant of general authority.
(a) An agent under a power of attorney may do the following on behalf of the principal or
with the principal's property only if the power of attorney expressly grants the agent the
authority and exercise of the authority is not otherwise prohibited by another agreement or
instrument to which the authority or property is subject: (1) create, amend, revoke, or terminate
an inter vivos trust; (2) [reserved]; (3) create or change rights of survivorship; (4) create
or change a beneficiary designation; (5) delegate authority granted under the power of attorney;
(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including
a survivor benefit under a retirement plan; or (7) exercise fiduciary powers that the principal
has authority to delegate. (b) Notwithstanding a grant of authority to do an act described
in subsection (a), unless the power of attorney otherwise expressly...
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26-1A-217
Section 26-1A-217 Gifts. (a) In this section, a gift "for the benefit of"
a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act,
and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code
Section 529, 26 U.S.C. Section 529, as amended. (b) Unless the power of attorney
otherwise expressly provides, language in a power of attorney granting general authority with
respect to gifts authorizes the agent only to: (1) make outright to, or for the benefit of,
a person including the agent, a gift of any of the principal's property, including by the
exercise of a presently exercisable general power of appointment held by the principal, in
an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion
under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b), as amended,
without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's
spouse agrees to...
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24-1A-5
Section 24-1A-5 Powers of authority. The authority shall have the following powers:
(1) To have succession by its corporate name until the principal of and interest on the bonds
shall have been fully paid and until it shall have been dissolved as provided in this chapter;
(2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the
subject matter and of the parties thereto; (3) To adopt and use a corporate seal and to alter
the seal at pleasure; (4) To establish a fiscal year; (5) To maintain an office in the City
of Montgomery; (6) To adopt, and from time to time amend and repeal, bylaws and rules and
regulations, not inconsistent with this chapter, to carry into effect the powers and purposes
of the authority in the conduct of its business; (7) To purchase mortgage loans from mortgage
lenders; (8) To contract with mortgage lenders for the origination of, or the servicing, of
mortgage loans to be made by such mortgage lenders and the servicing of the...
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26-1A-120
Section 26-1A-120 Liability for refusal to accept acknowledged power of attorney. (a)
Except as otherwise provided in subsection (b): (1) a person shall either effect a requested
transaction in reliance upon an acknowledged power of attorney or request a certification,
a translation, or an opinion of counsel under Section 26-1A-119(d) within a reasonable
time after presentation of the power of attorney and a request to effect the transaction;
(2) if a person requests a certification, a translation, or an opinion of counsel under Section
26-1A-119(d), the person shall effect the transaction in reliance upon the power of attorney
within a reasonable time after receipt of the certification, translation, or opinion of counsel;
and (3) a person may not require an additional or different form of power of attorney for
authority granted in the power of attorney presented. (b) A person is not required to effect
a transaction in reliance upon an acknowledged power of attorney: (1) if the person...
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26-1A-209
Section 26-1A-209 Operation of entity or business. Subject to the terms of a document
or an agreement governing an entity or an entity ownership interest, and unless the power
of attorney otherwise provides, language in a power of attorney granting general authority
with respect to operation of an entity or business authorizes the agent to: (1) operate, buy,
sell, enlarge, reduce, or terminate an ownership interest; (2) perform a duty or discharge
a liability and exercise in person or by proxy a right, power, privilege, or option that the
principal has, may have, or claims to have; (3) enforce the terms of an ownership agreement;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or
propose or accept a compromise with respect to litigation to which the principal is a party
because of an ownership interest; (5) exercise in person or by proxy, or enforce by litigation
or otherwise, a right, power, privilege, or option the principal has or claims to...
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