Code of Alabama

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37-4-30
Section 37-4-30 Obtaining electric service under a private contract; definitions. (a)
No existing electric customer shall obtain electric service under a private contract for electric
service without first giving written notice to the utility currently providing it retail electric
service at least 45 days prior to the date on which the private contract for electric service
is to become effective. In the event any utility currently providing service to the existing
electric customer determines that it or its other electric customers will be adversely affected
by the loss of the existing electric customer due to the private contract for electric service,
it may, within 45 days of the date of the existing electric customer's written notice of a
private contract for electric service, file a petition for review of the private contract
for electric service as set forth below and service under such contract shall not be initiated
until 45 days after such review has been completed and an order...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division
and from the computation of the amount of the tax levied, assessed, or payable under this
division the following: (1) The gross proceeds of the sales of lubricating oil and gasoline
as defined in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a)
For the purposes of this section, the following words have the following meanings:
(1) CHIEF EXAMINER. The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in
excess of amounts due and includes failure to meet eligibility requirements, failure to identify
third party liability where applicable, any payment for an ineligible good or service, any
payment for a good or service not received, duplicate payments, invoice and pricing errors,
failure to apply discounts, rebates, or other allowances, failure to comply with contracts
or purchasing agreements, or both, failure to provide adequate documentation or necessary
signatures, or both, on documents, or any other inadvertent error resulting in overpayment.
(3) RECOVERY AUDIT. A financial management technique used to identify overpayments made by
a state agency with respect to individuals, vendors, service providers, and other entities
in...
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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope.
(a) Except where otherwise specifically prohibited or provided for either heretofore or hereafter
by general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section
6-5-127, control of animals and animal nuisances. (3) Control of litter as defined in subsection
(b) of Section 13A-7-29, or rubbish as defined in subdivision...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state,
shall execute a compact, in substantially the following form, with the State of Mississippi,
and the Legislature approves and ratifies the compact in the form substantially as follows:
Northeast Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states
solemnly agree: Article I. The purpose of this compact is to promote and develop trade, commerce,
industry, and employment opportunities for the public good and welfare in northeast Mississippi
and northwest Alabama through the establishment of a joint interstate authority to acquire
certain railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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45-17-234
Section 45-17-234 Contracts for service of process; fees; Sheriff's Civil Process Fund.
(a) The Sheriff of Colbert County, except for warrants for arrest, may contract with or enter
into contract or agreement with a private, public, or governmental entity for the purpose
of service of process. Nothing in this section should be construed as conflicting with
the provisions of Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure. (b)(1) In addition
to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other
appropriate court official in the civil division of the District and Circuit Courts of Colbert
County shall increase the fees by twelve dollars fifty cents ($12.50) per document personally
served by the sheriff's office, or its designee. For purposes of this section, the
term "document" shall include multiple papers served on a party or entity at one
time. (2) For purposes of this section, all charges imposed under this section
may be taxed as costs to...
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45-27-231
Section 45-27-231 Service of process; disposition of funds. (a) This section
shall only apply to Escambia County. (b) Any and all monies collected under this section
shall be deposited by the Sheriff of Escambia County, or his or her appointed agent, in any
bank in Escambia County selected by the sheriff into a fund known as the Escambia County Sheriff
Process Fund and hereinafter referred to in this section as the fund. (c) The Sheriff
of Escambia County may contract with or enter into a contract or agreement with a private,
public, or governmental entity for the purpose of service of process, except for warrants
for arrest. (d)(1) In addition to all existing charges, fees, judgments, and costs of court,
the clerk, sheriff, or other appropriate court official in the criminal division of the district
and circuit courts of Escambia County shall increase the fees by fifteen dollars ($15) per
document requiring personal service. (2) In addition to all existing charges, fees, judgments,...

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37-4-140
Section 37-4-140 Purchase of electricity. (a) For purposes of this section only,
the following terms shall have the following meanings: (1) AVOIDED COSTS. Costs that a utility
or a commission non-jurisdictional electric supplier which purchases electrical energy from
a distributed generation facility would have been required to incur but for the distributed
generation facility's provision of electrical energy during the same period of time. To the
extent such costs are actually avoided, the term may include incremental fuel costs, incremental
energy losses, incremental emission allowance costs, and incremental fuel-related operation
and maintenance expenses. The term does not include, among other things, costs associated
with capacity, the transmission and distribution system, administrative and general costs,
customer accounting costs, and general plant in service costs. (2) COMMISSION. The Alabama
Public Service Commission. (3) COMMISSION NON-JURISDICTIONAL ELECTRIC SUPPLIER. a. A...
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37-12-4
Section 37-12-4 Implementation of chapter by Alabama Public Service Commission. The
Alabama Public Service Commission ("the commission") is hereby authorized and directed
to take all necessary steps to implement the provisions of this chapter as it affects utilities
already subject to the jurisdiction of the commission and to promulgate rules and regulations
consistent with the provisions hereof. Any such rule or regulation promulgated under the chapter
shall be adopted pursuant to a determination by the commission, supported by substantial evidence,
that such rule or regulation is in the public interest and shall be just and reasonable to
the electric consumers of any electric utility affected. Any cogenerator or electric utility
may petition the commission for appropriate relief under this chapter, and the commission
will act on any such petition within 180 days. Any cogenerator or electric utility may petition
the commission for approval of a contract between them, which approval...
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11-49-1
Section 11-49-1 Consent to use public streets, etc., for construction or operation of
public utility or private enterprise; fees. (a) No person, firm, association, or corporation
shall be authorized to use the streets, avenues, alleys, and other public places of cities
or towns for the construction or operation of any public utility or private enterprise without
first obtaining the consent of the proper authorities of the city or town. (b) No electric
supplier, as defined in Section 37-14-31(1), which has an assigned service territory
established by general law enacted by the Legislature and which is subject to payment of a
privilege or license tax or other tax or fee established by general law enacted by the Legislature
to a city or town which authorizes a levy not to exceed three percent of the gross receipts
of the business done by the electric supplier in the municipality during the preceding year,
and which authorizes a levy not to exceed one and one-half percent of the gross...
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