Code of Alabama

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45-37-170.26
Section 45-37-170.26 Powers of authority. The authority shall have the following powers together
with all powers incidental thereto or necessary for the performance of the powers stated in
this section: (1) To have succession by its corporate name without time limit. (2) To sue
and be sued and to prosecute and defend civil actions in any court having jurisdiction of
the subject matter and of the parties. (3) To have and to use a corporate seal and to alter
the same at its pleasure. (4) To receive and expend funds from federal, state, county, municipal,
and private sources for the purposes hereof. (5) To dig channels, build dikes, dams, and lakes
or ponds to contain flood waters as deemed useful by it to improve flood control, and whenever
practical to build any and all facilities which can contribute to the use of such flood control
channels for navigation. (6) To contract with municipalities and counties for the financing
and joint construction and operation of such facilities. (7) To...
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45-37-246
Section 45-37-246 License procedures by mail. (a) This section shall apply only in counties
having a population of 300,000 or more according to the last or any subsequent federal census.
(b) On or after September 1st of each year, the judge of probate of each county may, if he
or she elects to do so, mail an application in the form and containing the information hereinafter
provided to all owners of motor vehicles listed as such in the motor vehicle license records,
including transfers, in his or her office or, at his or her option, to such owners as request
that such application be mailed to them. (c) The application shall be on a form to be provided
by the State Department of Revenue. The application form shall contain a space for the name
and address of the owner of the motor vehicle and the make, model, year, and motor number
of his or her motor vehicle and such other information with respect thereto as the State Department
of Revenue may prescribe. The application form shall also...
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45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 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,...
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11-85-40
Section 11-85-40 Powers of Alabama Development Office and local, regional, and joint planning
commissions as to comprehensive advisory planning and research; comprehensive advisory planning
defined. (a) To facilitate the solution of urban and regional planning problems and to provide
for comprehensive advisory planning, including transportation planning, for the state and
its cities, counties, urban areas, and regions, the Alabama Development Office, the various
regional planning commissions presently authorized to be created, the various county planning
commissions presently authorized to be created, the various joint planning commissions presently
authorized to be created, municipalities, and the various municipal planning commissions presently
authorized to be created are each and all hereby empowered and authorized, within the respective
geographical areas as to which planning power has heretofore been delegated to such respective
office, commissions, or other agencies to perform...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article unless
the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or
confirms another's impression which is false and which the defendant does not believe to be
true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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23-7-2
Section 23-7-2 Definitions. For the purposes of this chapter, the following words shall have
the following meanings: (1) BANK. The Alabama Transportation Infrastructure Bank. (2) BOARD.
The board of directors of the bank. (3) BONDS. Includes bonds, notes, or other evidence of
indebtedness except as otherwise provided in this chapter. (4) DEPARTMENT or DEPARTMENT OF
TRANSPORTATION. The Alabama Department of Transportation. (5) ELIGIBLE COST. As applied to
a qualified project to be financed from the federal highway account, the costs that are permitted
under applicable federal laws, requirements, procedures, and guidelines in regard to establishing,
operating, and providing assistance from the bank. As applied to a qualified project to be
financed from the state highway account, these costs include the costs of preliminary engineering,
traffic, and revenue studies; environmental studies; right-of-way acquisition; legal and financial
services associated with the development of the...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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33-1-8
Section 33-1-8 Board of directors. (a)(1) The port authority shall be governed by a board of
directors, consisting of eight appointed members and one ex officio member. a. The Governor
shall appoint eight members subject to confirmation by the Senate as follows: b. Two members
from the southern region of this state consisting of the following counties: Baldwin, Choctaw,
Clarke, Conecuh, Dallas, Escambia, Hale, Marengo, Mobile, Monroe, Perry, Washington, and Wilcox.
c. Two members from the central region of this state consisting of the following counties:
Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw,
Dale, Elmore, Geneva, Henry, Houston, Lee, Lowndes, Macon, Montgomery, Pike, Russell, Randolph,
Tallapoosa, and Tuscaloosa. d. Two members from the northern region of this state consisting
of the following counties: Winston, Clay, Cullman, Cleburne, Colbert, Pickens, Shelby, St.
Clair, Sumter, Talladega, Etowah, Walker, Morgan, Marion, Marshall,...
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40-13-53
Section 40-13-53 Applicability. (a) The term severed material, as defined in subdivision (9)
of Section 40-13-51 shall not include lime or limestone used for agricultural purposes or
for pollution control or abatement purposes, nor rock dust used for settling coal dust in
underground mines or similar uses, nor any natural minerals used for the purpose of producing
portland cement, nor processed sand used in the foundry cores, mold, and linings, nor clay
that produces lightweight aggregate, severed materials that are further processed into a finished
aggregate or limestone product without being transported on a public road, marble and marble
by-products, iron ore, quartzite, coal, oil, and natural gas and the severance of marble and
marble by-products, iron ore, quartzite, coal, oil, and natural gas shall not be subject to
the provisions of this article. (b) The tax levied by this article shall apply to all severed
material severed from the ground within this state and sold as tangible...
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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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