22-21-318
Section 22-21-318 Powers of authority. (a) In addition to all other powers granted elsewhere
in this article, and subject to the express provisions of its certificate of incorporation,
an authority shall have the following powers, together with all powers incidental thereto
or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate
name for the duration of time, which may be in perpetuity, specified in its certificate of
incorporation or until dissolved as provided in Section 22-21-339; (2) To sue and be sued
in its own name in civil suits and actions, and to defend suits and actions against it, including
suits and actions ex delicto and ex contractu, subject, however, to the provisions of Chapter
93 of Title 11, which chapter is hereby made applicable to the authority; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To adopt, alter, amend
and repeal bylaws, regulations and rules, not inconsistent with the...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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11-51-90.2
Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle decals;
determination of gross receipts; construction with other provisions. (a) Every taxpayer required
to purchase a business license under this chapter shall: (1) Purchase a business license for
each location at which it does business in the municipality, except as otherwise provided
by the municipality. (2) Except as provided in Section 11-51-193, with respect to taxpayers
subject to state licensing board oversight, be classified into one or more of the following
2002 North American Industrial Classification System ("NAICS") sectors and applicable
sub-sectors, industry groups, industries, and U.S. industries thereunder: SECTOR NAICS TITLE
SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR LICENSE CALCULATION
111 Crop Production Agriculture, farming, nursery, fruit, growers Gross Receipts and/or Flat
Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep,...
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36-29A-8
Section 36-29A-8 Trust fund disputes. (a) As used in this section, the following terms shall
have the following meanings: (1) ADMINISTRATIVE LAW JUDGE (ALJ). An independent third-party
hearing officer appointed by the Chief Administrative Law Judge of the Administrative Law
Judge Division (Central Panel) of the office of the Attorney General. (2) AGENCY. A department,
board, bureau, commission, agency, or office of the State of Alabama. (3) STATE EMPLOYEE.
A permanent, non-probationary employee, whether in the classified or unclassified service
of the State of Alabama, including, but not limited to, employees of the Department of Mental
Health and Mental Retardation. (b) Notwithstanding any other provision of law to the contrary,
a state employee may specifically request that an Administrative Law Judge (ALJ) or the State
Employee Injury Compensation Trust Fund Review Board hear and decide any employee dispute
related to State Employee Injury Compensation Trust Fund entitlements. The...
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40-2-10
Section 40-2-10 Appointment of law enforcement officers; powers and duties. The Commissioner
of the Department of Revenue may designate and appoint qualifying employees or agents of the
Department of Revenue as law enforcement officers as defined by the Alabama Rules of Criminal
Procedure. (1) Qualifying employees or agents designated as peace officers shall be appointed
by the Commissioner of the Department of Revenue provided that they have complied with the
requirements set forth by the Alabama Peace Officers' Standards and Training Commission. (2)
Law enforcement officers of the Department of Revenue shall investigate the commission or
suspected commission of tax evasion, tax fraud, and other matters administered by the Department
of Revenue including the enforcement and administration of tobacco tax, gasoline tax, and
tax on motor fuels or any substitute thereof, licensing and registration of motor vehicles,
and violations of Title 13A, Title 32, and this title. Revenue law...
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11-51-185
Section 11-51-185 Request for department to collect municipal taxes; effective date; when department
to perform duties under division. (a) Except where the Department of Revenue is already collecting
taxes on July 1, 1998, any municipality requesting the Department of Revenue to collect its
tax shall forward a certified copy of the enabling act, ordinance, or resolution to the department
at least 30 days prior to the first day of the month on which the act, ordinance, or resolution
is to take effect. (b) A new levy, or a levy changed by an amendment of a municipal ordinance
heretofore adopted, which shall be collected under this division or a new request to collect
shall not be effective nor subject to collection by the Department of Revenue until the first
day of the month next following the expiration of 30 days after receipt by the department
of a certified copy of the enabling ordinance or resolution with any amendments thereto. (c)
The Department of Revenue shall not be required...
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40-2A-5
Section 40-2A-5 Authority to issue revenue rulings. (a) The commissioner may, in addition to
all other powers and authority now granted by law, issue "revenue rulings" describing
the substantive application of any law or regulation administered by the department. Revenue
rulings may also govern procedures applicable to the department, and in that event, shall
be called "revenue procedures." Revenue rulings shall be binding on the department
and the state, its political subdivisions, and taxing authorities only with respect to the
taxpayer making the request and only with respect to the facts contained in the request. The
department attorney assigned to review the request for a revenue ruling shall consult with
the taxpayer or its authorized representative, if requested by the taxpayer or the authorized
representative, prior to issuing the revenue ruling. A revenue ruling shall constitute the
department's interpretation of the law or regulations as applied to the facts contained in
the...
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40-7-72
Section 40-7-72 Additional appropriations. There is hereby appropriated to the Department of
Revenue to be used in the program of ad valorem tax equalization provided for in this division,
and shall be paid over to the Department of Revenue for this purpose, any other law to the
contrary notwithstanding, for the fiscal year ending September 30, 1972, $1,000,000, and for
the year ending September 30, 1973, $3,000,000, which amounts shall be the first claim against
the funds from which appropriated. The funds here appropriated shall be drawn one third from
any Alabama Beverage Control Board income otherwise required by law to be distributed to the
several counties and two thirds from the tax levied by Section 40-21-58. This division shall
in no way change the distribution of the remainder of the funds from which these appropriations
are made. The funds hereby appropriated shall be used by the Department of Revenue to finance
the reappraisal program required by this division in any county...
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40-1-49
Section 40-1-49 Suspension of collection when costs exceed amounts collected. (a) The Department
of Revenue, by administrative rule, shall suspend the collection of a tax or fee which it
is authorized to collect when the cost of administering the collection of such tax or fee
has exceeded the total amount of the tax or fee collected for each of the previous three fiscal
years. Should it be determined that the suspension of a tax or fee collection would result
in reduced local revenues, the department shall notify the affected localities prior to filing
a notice, pursuant to the Administrative Procedure Act, to promulgate an administrative rule
to suspend the tax or fee. (b) Notwithstanding subsection (a), the department shall not suspend
the collection of a tax or fee in any of the following cases: (1) If such tax or fee is mandated
by federal law or regulation. (2) If discontinuing the collection of such tax or fee would
result in reduced federal funding received from the federal...
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40-23-38
Section 40-23-38 Agricultural machinery and equipment - Enforcement; application of administrative
provisions of this division. Section 40-23-37 shall be enforced by the Commissioner of Revenue
and the Department of Revenue in the same way, and subject to the same rules and regulations
as the state sales tax is enforced as provided in this division, and the administrative and
enforcement provisions of this division shall be applicable to the enforcement of Section
40-23-37 to the same extent as in the collection and enforcement of the state sales tax. (Acts
1965, No. 383, p. 516, §2.)...
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