Code of Alabama

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37-2-16
Section 37-2-16 Penalty for discrimination. (a) If any transportation company subject to the
provisions of this chapter, or any agent or officer thereof, shall, directly or indirectly,
or by special rate, rebate, drawback or other consideration, or by means of false billing,
false classification, false weighing, false report of weights or by any device whatsoever,
charge, demand, collect or receive from any person, firm, company or corporation a greater
or less compensation for any service rendered or to be rendered by it for the transportation
of persons or property, or for any service in connection therewith, than that prescribed in
the published tariffs, or than it charges, demands, collects or receives from any other person,
firm, company or corporation for a like service, such transportation company so doing shall
be deemed guilty of unjust discrimination, which is hereby prohibited and declared unlawful,
and shall forfeit to the State of Alabama and pay into the state treasury...
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37-2-15
Section 37-2-15 Special rates. (a) The Public Service Commission, upon its own motion or upon
the written application of any transportation company, and under any rules which it may prescribe,
may permit, from time to time, such transportation company to establish any special rate or
rates for the transportation of specific commodities in carloads from specified points or
within specified zones or distances to the plants or points of destination where are located
the plants of any person, firm or corporation who is now, or may hereafter be, engaged in
any industrial or agricultural enterprise in this state, for the purpose of encouraging the
establishment or aiding in the development or continued and successful operation of such industrial
or agricultural enterprise; and any special rate or rates so established for any particular
industrial or agricultural enterprise shall apply and be given all persons, firms and corporations
engaged in the same enterprise within said zone or...
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37-2-42
Section 37-2-42 Refund of excessive charges upon submission of expense bill or receipt. Any
person, firm or corporation may submit to the commission, by mail or in person, any transportation
company expense bill or receipt, showing charges paid for transportation of any property by
freight or express for the purpose of having the same examined with respect to the correctness
of weights, rates, and charges indicated thereon. Upon receipt of any such expense bill or
receipt, the commission shall make such examination as is necessary, and if it shall be found
that any such weights, rates or charges are incorrect, the commission shall order the transportation
company in error to refund to the person, firm or corporation which submitted such expense
bills or receipts any over or excessive charges paid by such person, firm or corporation.
The commission shall impose and collect a reasonable charge for the performance of the service
required under this section. All funds received from such...
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37-2-17
company doing business in this state or its agents or employees are guilty of making or demanding
or receiving any charge for the transportation of persons or property, or for any service
pertaining to or connected therewith, in excess of that prescribed by the Public Service Commission
as by this chapter authorized, and after due notice of such violation given to the president
or managing officer or any superintendent thereof in this state, and if ample and full recompense
for the wrong or injury thereby to any person, firm, company, or corporation shall
not be made within 60 days from the time of such notice, such transportation company shall
forfeit for each offense the sum of not less than $50.00 nor more than $1,000.00, to be fixed
by the court. (b) An action for the recovery of the penalty shall be in any circuit court
in any county in this state where such violation has occurred or wrong has been perpetrated,
and it shall be in the name of the State of Alabama. The commission...
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40-19-1
(7) SEATING CAPACITY. The actual number of regular passenger-carrying seats in a motor vehicle.
(8) REGULAR PASSENGER-CARRYING SEATS. A seat ordinarily and customarily used by one passenger
but does not include folding or collapsible emergency aisle seats. (9) AXLE. A shaft on which
a wheel or wheels run and, for the purposes of this article, two such shafts connected in
tandem and commonly known as a tandem axle shall be considered one axle when not equipped
with dual wheels on either end of either shaft of such tandem axle. (10) TOUR BUS. Any motor
vehicle used for hire for transportation of persons and their personal property on
a charter which originates within or without the boundaries of the State of Alabama, the itinerary
of which is not of an established, repetitively scheduled nature utilizing routes and time
schedules approved by the Public Service Commission. (Acts 1939, No. 664, p. 1050, §1; Code
1940, T. 48, §301(33); Acts 1992, 2nd Ex. Sess., No. 92-710, p. 205, §3.)...
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37-3-2
contracts or special or individual agreements and whether directly or by lease or any other
arrangement transports passengers or property by motor vehicle for compensation in this state.
(7) HIGHWAY. Every public highway, or place of whatever nature, open to the use of the public
for purposes of vehicle travel in this state, including the public highways, roads, streets,
and alleys in towns and cities. (8) HOUSEHOLD GOODS CARRIER. A common carrier by motor vehicle
which transports personal effects and property used or to be used in a dwelling as
part of the equipment or supply of the dwelling. (9) LICENSE. A license issued under this
chapter to a broker. (10) MOTOR CARRIER. Both a common carrier by motor vehicle and a contract
carrier by motor vehicle. (11) MOTOR VEHICLE. Any vehicle, machine, tractor, trailer, or semitrailer,
propelled or drawn by mechanical power and used upon the highways in the transportation of
passengers or property, but not including any vehicle,...
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40-23-4
sales of materials, equipment, and machinery that, at any time, enter into and become a component
part of ships, vessels, towing vessels or barges, or drilling ships, rigs or barges, or seismic
or geophysical vessels, other watercraft and commercial fishing vessels of over five tons
load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama
Department of Conservation and Natural Resources. Additionally, the gross proceeds from the
sale or sales of lifeboats, personal flotation devices, ring life buoys, survival craft
equipment, distress signals, EPIRB's, fire extinguishers, injury placards, waste management
plans and logs, marine sanitation devices, navigation rulebooks, navigation lights, sound
signals, navigation day shapes, oil placard cards, garbage placards, FCC SSL, stability instructions,
first aid equipment, compasses, anchor and radar reflectors, general alarm systems, bilge
pumps, piping, and discharge and electronic position fixing...
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40-23-60
individual, firm, company, partnership, association, corporation, receiver or trustee, or any
other group or combination acting as a unit, and the plural as well as the singular number,
unless the intention to give a more limited meaning is disclosed by the context. (2) DEPARTMENT.
The Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) WHOLESALE SALE or SALE AT WHOLESALE. Any one of the following:
a. A sale of tangible personal property by wholesaler to licensed retail merchants,
jobbers, dealers or other wholesalers for resale and does not include a sale by wholesalers
to users or consumers, not for resale. b. A sale of tangible personal property or products,
including iron ore, and including the furnished container and label of such property or products,
to a manufacturer or compounder which enter into and become an ingredient or component part
of the tangible personal property or products which the manufacturer...
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27-17A-2
designed for the encasement of human remains and which is usually constructed of wood, metal,
or like material, and ornamented and lined with fabric. (11) CEMETERY. A place that is established,
maintained, managed, operated, or improved and which is dedicated to and used or intended
to be used for the final disposition of human remains and their memorialization. (12) CEMETERY
AUTHORITY. Any person who owns or controls a cemetery or conducts cemetery business. (13)
CEMETERY MERCHANDISE. Any personal property offered for sale, contracted for sale,
or sold for use in connection with the burial of, final disposition, memorialization, interment,
entombment, or inurnment of human remains by a cemetery authority. Cemetery merchandise specifically
includes, but is not limited to, the casket, the outer burial container, and the memorial.
(14) CEMETERY SERVICES. Services provided by a cemetery authority for interment, entombment,
inurnment, and installation of cemetery merchandise. (15)...
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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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