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29-5A-24
Section 29-5A-24 Preparation of official recompilation of the Constitution of Alabama. (a)
The Code Commissioner, with the assistance of the Legal Division, shall prepare an official
recompilation of the Constitution of Alabama of 1901, as amended. This official recompilation
may not make any substantive change to any existing operative constitutional provision. (b)
The official recompilation shall include all of the following: (1) The removal of all expressly
repealed sections or amendments, or portions thereof. (2) The insertion of expressly identified
amendatory language contained in a particular constitutional amendment into the identified
location and the deletion of the language being amended and replaced and the retention of
the original article and section number or amendment number. (3) The relocation of various
constitutional amendments applicable to the entire state in the appropriate article of the
constitution based upon a logical sequence and the particular subject or...
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26-2A-36
Section 26-2A-36 Appeals. Appellate review, including the right to appellate review, interlocutory
appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record
on appeal, briefs, arguments, and power of the appellate court, is governed by Title 12, Chapter
22, and the Alabama Rules of Appellate Procedure, as applicable, but in proceedings in which
jury trial has been had as a matter of right the rules applicable to the scope of review in
jury cases apply. (Acts 1987, No. 87-590, p. 975, §1-307.)...
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12-22-6
Section 12-22-6 Judgments on applications for remedial writs. Appeals may be taken to the appropriate
appellate court from the judgment of the circuit court on application for writs of certiorari,
supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided
by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of
execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama
Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation
of an issue upon appeal taken after a final determination of the case. (Code 1876, §3923;
Code 1886, §3616; Code 1896, §431; Code 1907, §2843; Code 1923, §6085; Code 1940, T. 7,
§761.)...
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16-46-9
Section 16-46-9 Review by State Board of Education; review by Circuit Court of Montgomery County.
Any person or school or private postsecondary institution aggrieved by the actions of the
Department of Postsecondary Education with respect to exemption, issuance, denial, deferral,
probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3,
16-46-5, and 16-46-6, may file within 30 days a petition for review by the State Board of
Education. The aggrieved person, school, or institution shall then be entitled to a hearing
before the State Board of Education. The person, school, or institution may be represented
by counsel at the hearing. The aggrieved person, school, or institution may adduce evidence,
both oral and documentary, at such hearing and on official record if such hearing shall be
transcribed by a qualified court reporter. After the State Board of Education acts on the
petition for review, any person, school, or institution aggrieved by the State...
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29-6-7.1
Section 29-6-7.1 Legislative findings as to speech and debate; definitions; privileged and
confidential communication; waiver of privilege. (a) The Legislature hereby finds and declares
the following: (1) Section 56 of the Constitution of Alabama of 1901, now appearing as Section
56 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, contains
a speech or debate clause virtually identical to Section 6 of Article I of the Constitution
of the United States, the federal speech and debate clause. (2) In the case of Gravel v. United
States, 408 U.S. 606, the Supreme Court of the United States held the speech and debate clause
in the Constitution of the United States makes the communications between members of the Congress
and their staff privileged and confidential. (3) The Supreme Court explained its reasoning
as follows: "[T]he day-to-day work of [legislative] aides is so critical to the Members'
performance that they must be treated as the latter's alter ego;...
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31-2A-61
Section 31-2A-61 (Article 61.) Withdrawal of appeal. (a) In each case subject to appellate
review under this code, the accused may file with the convening authority a statement expressly
withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by
both the accused and his or her defense counsel and must be filed in accordance with appellate
procedures as provided by law. (b) The accused may withdraw an appeal at any time in accordance
with appellate procedures as provided by law. (Act 2012-334, p. 790, §1.)...
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45-45-20
Section 45-45-20 Licensing requirements; prohibited activities. (a)(1) Pursuant to the authority
granted in Article IV, Section 104 of the Constitution of Alabama of 1901, now appearing as
Section 104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended,
that allows local legislation to regulate or prohibit alcoholic beverage traffic, any public
or private lounge, tavern, bar, club, nightclub, or restaurant, operating in an unincorporated
area of Madison County outside of the police jurisdiction of a municipality, that features
or otherwise permits topless females on its premises shall automatically forfeit any valid
Alcoholic Beverage Control Board license which it has been granted. The term topless females,
as used in this subsection, means persons of the female gender clothed or unclothed above
the waist in such manner as to purport to nakedly reveal to patrons, members, or invitee viewers
either the nipple or the pectoral form, or both, of at least one...
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45-2-241.01
Section 45-2-241.01 Electronic filing of business personal property tax returns. (a) This section
is enacted pursuant to Amendment No. 783 of the Constitution of Alabama of 1901, now appearing
as Section 5.01 of the Baldwin County Local Amendments, Official Recompilation of the Constitution
of Alabama of 1901, as amended. (b) The Legislature finds that it is in the best interest
of Baldwin County and the operation of the office of the Baldwin County Revenue Commissioner
to provide for the electronic filing of business property tax returns including payment of
any taxes due. (c)(1) The Baldwin County Revenue Commissioner may establish procedures for
electronic filing for the reporting, assessment, and payment of business personal property
taxes pursuant to Section 40-7-14. A complete business personal property tax return filed
electronically shall be in the format prescribed by the revenue commissioner and shall contain
the same information as a business personal property tax return...
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45-35-20
Section 45-35-20 Legislative findings. The Legislature finds all of the following: (1) The
authority of the Legislature to enact local laws regulating the liquor traffic is preserved
in Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the
Official Recompilation of the Constitution of Alabama of 1901, as amended. (2) Relying on
prior judicial opinions of the federal courts, it has been clearly established that reducing
the secondary effects associated with adult entertainment businesses serves and furthers a
substantial governmental interest, particularly when the serving of alcohol is involved. (3)
Any form of nudity and sexual conduct in establishments that serve alcohol or deal in alcoholic
beverages encourages the conduct of prostitution, attempted rape, rape, murder, and assaults
on police officers in and around an establishment dealing in or permitting the consumption
of alcoholic beverages, and that actual and simulated nudity and sexual conduct...
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31-2A-70
Section 31-2A-70 (Article 70.) Appellate counsel. (a) The senior judge advocate shall detail
a judge advocate as appellate government counsel to represent the state in the review or appeal
of cases specified in Section 31-2A-67 (Article 67) and before any federal court when requested
to do so by the state Attorney General. (b) Upon an appeal by the state, an accused has the
right to be represented by detailed military counsel before any reviewing authority and before
any appellate court. (c) Upon the appeal by an accused, the accused has the right to be represented
by military counsel before any reviewing authority. (d) Upon the request of an accused entitled
to be so represented, the regional defense counsel shall appoint a judge advocate to represent
the accused in the review or appeal of cases specified in subsections (b) and (c). (e) An
accused may be represented by civilian appellate counsel at no expense to the state. (Act
2012-334, p. 790, §1.)...
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