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11-65-4
Section 11-65-4 Elections required to approve incorporation of commission and conduct
of racing and pari-mutuel wagering thereon. (a) No commission shall be incorporated for a
Class 1 municipality and no horse racing or greyhound racing or pari-mutuel wagering thereon
shall be permitted in such municipality pursuant to this chapter unless the incorporation
of such commission, together with the conduct of horse racing and pari-mutuel wagering thereon
or greyhound racing and pari-mutuel wagering thereon or both such activities, shall have been
authorized by an election held in the host county in which such incorporation and such racing
and wagering activities shall have been approved by both (i) a majority of the votes cast
in such election by voters who reside in the host county (including those voters who reside
in the sponsoring municipality) and (ii) a majority of the votes cast in such election by
voters who reside in the commission municipal jurisdiction. In order to authorize the...
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27-21A-2
Section 27-21A-2 Establishment of health maintenance organizations. (a) Notwithstanding
any law of this state to the contrary, any person may apply to the commissioner for and obtain
a certificate of authority to establish and operate a health maintenance organization in compliance
with this chapter. No person shall establish or operate a health maintenance organization
in this state without obtaining a certificate of authority under this chapter. A foreign corporation
may qualify under this chapter, subject to its registration to do business in this state as
a foreign corporation under the provisions of Sections 10-2A-220, et seq. (b) Health maintenance
organizations licensed as of May 29, 1986, shall be issued a certificate of authority in accordance
with Section 27-21A-29. (c) Each application for a certificate of authority shall be
verified by an officer or authorized representative of the applicant, shall be in a form prescribed
by the commissioner, and shall set forth or be...
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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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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged
information. (a)(1) The State Board of Medical Examiners on its own motion may investigate
any evidence which appears to show that a physician or osteopath holding a certificate of
qualification to practice medicine or osteopathy in the State of Alabama is or may be guilty
of any of the acts, offenses, or conditions set out in Section 34-24-360. As part of
its investigation, the board may require a criminal history background check of the physician
or osteopath. In such event, the physician or osteopath shall submit a complete set of fingerprints
to the State Board of Medical Examiners. The board shall submit the fingerprints provided
by the physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints
shall be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national
criminal history record check. Costs associated with conducting a criminal history...
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34-27-6
Section 34-27-6 Real estate courses and schools. (a) For purposes of this section
and rules adopted pursuant thereto, the following terms shall have the following meanings:
(1) ADMINISTRATOR. A person designated by a principal school or branch school and approved
by the commission to be the person responsible to the commission for all acts governed by
this chapter and applicable rules which govern the operation of schools. (2) APPROVED COURSE.
Any course of instruction approved by the commission that satisfies commission requirements
for prelicense education, postlicense education, or continuing education. (3) APPROVED SCHOOL.
Any proprietary educational institution offering only commission approved continuing education
courses and any accredited college or university that offers any commission approved course.
(4) BRANCH SCHOOL. Any school under the ownership of a principal school which offers commission
approved courses at a permanent location. (5) INSTRUCTIONAL SITE. Any physical...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution
of alcoholic beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of
the Justices No. 376," issued April 9, 2002, which states 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, this...
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45-38-141.03
Section 45-38-141.03 Amendment of certificate of incorporation. (a) The certificate
of incorporation of the authority incorporated under this part may at any time and from time
to time be amended in the manner provided in this section. (b)(1) The board of directors
of the authority shall first adopt a resolution proposing an amendment to the certificate
of incorporation which shall be set forth in full in the resolution and which amendment may
include any or all of the following: a. A change in the name of the authority. b. The addition
to the service area of the authority of new territory lying within Lamar County. c. Provisions
for the operation of a system or facility the operation of which is not then provided for
in the certificate of incorporation of the authority and which the authority is authorized
by this part to operate. d. Any matters which might have been included in the original certificate
of incorporation. e. Provisions for the addition to the service area of the...
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45-49-252.05
Section 45-49-252.05 Solid waste management permits. Permits required under Section
45-49-252.03 shall be issued in the following manner: (1) Any person desiring to obtain a
permit shall file an application for a permit with the director on application forms provided
by the director and shall accompany such application with: a. Name and address of the applicant,
showing its legal identity (individual, partnership, corporation, etc.). b. The business address
of the applicant. c. An inventory of all motorized equipment or other equipment to be used
in such collection, transportation, or disposal. d. The methods of storage, transport, and
processing to be used. e. The location and type of processing or disposal, or both, contemplated.
f. The types and amounts of wastes to be covered by permit, including a description of the
project or process generating wastes. g. The route or routes to be used in transporting and
schedules used. h. Issuance of county permits shall not relieve applicants...
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11-22-8
Section 11-22-8 Powers generally; projects partially within county. (a) The corporation
shall have the following powers together with all powers incidental thereto or necessary for
the performance of those hereinafter stated: (1) To have succession by its corporate name
for the period specified in the certificate of incorporation unless sooner dissolved as hereinafter
provided; (2) To sue and be sued and to prosecute and defend 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 pleasure; (4) To acquire, whether by purchase, construction, exchange, gift, lease,
or otherwise, to improve, maintain, equip, furnish, own, and operate one or more projects,
including all real and personal properties which the board of directors of the corporation
may deem necessary in connection therewith and regardless of whether or not any such projects
or any part thereof shall then be in existence; (5) To fix,...
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to
prosecute and defend in any court having jurisdiction of the subject matter and of the parties
thereto; (2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful
bylaws, rules, and regulations for the transaction of its business and the control of its
property and affairs; (4) To have the same right of eminent domain through condemnation conferred
by Section 10-5-1, or any subsequent statute of similar import; provided...
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