Code of Alabama

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40-17-330
Section 40-17-330 Refund petitions and claims. (a) Any person entitled to a refund pursuant
to Section 40-17-329 within two years of the date that the motor fuel was purchased shall
present to the department a petition accompanied by the original or duplicate original sales
slip, invoice, or any other documentation approved by the department showing the gallons of
motor fuel purchased and the taxes paid. The petition shall be in a format prescribed by the
commissioner, shall be accompanied by supporting records, and sworn to by the applicant under
the penalty of perjury. (b) The licensed distributor filing a refund claim pursuant to subsection
(b) of Section 40-17-329 shall be eligible for an administrative allowance of two cents ($.02)
on each gallon of gasoline and diesel fuel covered by the claim. (c) The right to receive
any refund under this section is not assignable and any assignment thereof is void and of
no effect. (d) Any applicant for a refund who willfully files an...
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40-17-352
Section 40-17-352 Criminal penalties. (a) Any person who willfully does any of the following
is guilty of a misdemeanor and upon conviction thereof shall be fined not less than five thousand
dollars ($5,000) nor more than twenty-five thousand dollars ($25,000), or imprisoned for not
more than one year, or both: (1) Fails to obtain a license as required by this article prior
to engaging in an activity for which a license is required. (2) Fails to pay to this state
no more than 30 days after the date the tax is due the tax levied by this article. (3) Makes
a false statement on an application, return, ticket, invoice, statement, or any other document
required under this article. (4) Fails to file no more than 30 days after it is due any return
required by this article. (5) Fails to maintain any record required by this article. (6) Makes
a false statement in an application for a refund. (7) Fails to make required disclosure of
the correct amount of fuel sold or used in this state. (8)...
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40-17-362
Section 40-17-362 Use of tax proceeds for highway purposes. (a) For the purposes of this section,
the following words and phrases shall have the following meanings: (1) BRIDGE REPLACEMENT.
Bridge replacement includes the replacement of existing bridge structures and, if necessary,
the realignment of the adjacent approaches. (2) RESURFACING, RESTORATION, AND REHABILITATION.
Work undertaken primarily to preserve an existing facility. Restoration and rehabilitation
is work required to return the existing pavement or bridge deck, including shoulders, to a
condition of adequate structural support or to a condition adequate for placement of an additional
state of construction. Resurfacing consists of the placement of additional surface material
over the existing, restored, or rehabilitated roadway or bridge deck to improve serviceability
or to provide additional strength. Resurfacing, restoration, and rehabilitation work may include
changes to geometric features, such as minor widening,...
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23-1-431
Section 23-1-431 (This section terminates April 26, 2018, if no revenue is created.) Alabama
Transportation Safety Fund. There is hereby created the Alabama Transportation Safety Fund
in the State Treasury. All proceeds from the revenues designated to the fund less the cost
of collection authorized by law shall be deposited into the fund to be expended only as provided
in this article. The provisions of this article shall not be superseded, amended, altered,
violated, or overridden by any provision of the state General Fund appropriation act or any
other annual or supplemental appropriation act, administrative rule, inter-agency transfer,
or executive order or directive. The monies allocated to counties and municipalities from
the fund shall be in addition to and shall not diminish any other revenues allocated or distributed
from other sources. Proceeds deposited into the fund shall be distributed as follows: (1)
The first thirty-two million dollars ($32,000,000) of the proceeds paid...
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13A-10-190
Section 13A-10-190 Definitions. As used in this article, Section 13A-11-11, and Section 36-19-2.1,
the following words shall have the following meanings: (1) BACTERIOLOGICAL WEAPON or BIOLOGICAL
WEAPON. A device which is designed in a manner to permit the intentional release onto any
person, into the population or environment of microbial, or other biological agents or toxins
or viral agents whatever their origin or method of production in a manner not otherwise authorized
by law or any device the development, production, or stockpiling of which is prohibited pursuant
to the "Convention on the Prohibition of the Development, Production, and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and Their Destruction," 26 U.S.T. 583,
TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited
to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof.
(2) CONVICTION. An adjudication of guilt of or a plea of...
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40-2A-10
Section 40-2A-10 Confidentiality, disclosure, and exchange of tax returns and tax information.
THIS SECTION WAS AMENDED BY ACT 2019-101 IN THE 2019 REGULAR SESSION, EFFECTIVE MAY 6, 2019.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Except as otherwise provided in this section,
it shall be unlawful for any person to print, publish, or divulge, without the written permission
or approval of the taxpayer, the return of any taxpayer or any part of the return, or any
information secured in arriving at the amount of tax or value reported, for any purpose other
than the proper administration of any matter administered by the department, a county, or
a municipality, or upon order of any court, or as otherwise allowed in this section. Statistical
information pertaining to taxes may be disclosed at the discretion of the commissioner or
his or her delegate to the legislative or executive branch of the state. Upon request, the
commissioner or his or her delegate may make written disclosure as...
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8-17-91
Section 8-17-91 Disposition of funds; overpayments. (a) The proceeds from the permit fees,
inspection fees, and penalties, if any, collected by the Commissioner of Agriculture and Industries
and the Revenue Commissioner pursuant to Section 8-17-87 together with one-third of the proceeds
of the six cent ($.06) additional motor fuel excise tax levied on gasoline under subdivision
(1) of subsection (a) of Section 40-17-325, shall be paid into the State Treasury and distributed
by the State Treasurer as follows: (1) An amount equal to five percent or no less than $175,000,
whichever is greater, of the combined proceeds received each month shall accrue to the credit
of, and be deposited in, the Agricultural Fund; and (2) The balance of the proceeds shall
be distributed as follows: a. 13.87 percent of the balance of the proceeds shall be distributed
equally among each of the 67 counties of the state monthly. The county shall deposit the proceeds
into the county's special RRR Fund as provided...
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40-17-274
Section 40-17-274 Disbursement. (a) The proceeds of the tax herein levied accruing to the State
of Alabama, less the actual costs of collection, shall be paid by the department to the State
Treasurer for disbursement as follows: (1) That portion of the tax that is attributable to
the use of motor fuel subject to the gasoline tax shall be disbursed in the manner provided
by law for the disbursement of the proceeds of the gasoline tax. (2) That portion of the tax
that is attributable to the use of motor fuel subject to the diesel fuel tax shall be disbursed
in the manner provided by law for the disbursement of the proceeds of the diesel fuel tax.
(b) The cost of collection shall be the sum of money appropriated each year by law to the
department with which to pay salaries and the cost of operation of the department related
to the taxes collected pursuant to this article, which shall be deducted, as a first charge
from the taxes collected pursuant to this article. The expenditure of the...
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8-17-96
Section 8-17-96 Inspection fee permit; liability of surety. (a) The supplier or permissive
supplier of gasoline or undyed diesel fuel sold to a licensed exempt entity other than the
federal government at the rack, or the supplier or permissive supplier selling dyed diesel
fuel or dyed kerosene at the rack at an out-of-state terminal to an importer for delivery
into Alabama that does not have a valid inspection fee permit issued by the Alabama Department
of Revenue, or the person first selling, the person importing, or the person who makes application
to become an inspection fee permit holder of dyed diesel fuel, dyed kerosene, or lubricating
oil in this state shall submit an application for an inspection fee permit to the department,
which shall be approved by the department. Upon approval of the inspection fee application,
the department shall issue to the applicant an inspection fee permit. This permit is not transferable
and remains in effect until surrendered or canceled. (b) The...
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40-17-146
Section 40-17-146 Disposition of proceeds of tax; appropriations. The proceeds of the tax hereby
imposed shall be disbursed as follows: That portion thereof that is attributable to the use
of motor fuel subject to the gasoline tax shall be disbursed in the manner provided by law
for the disbursement of the proceeds of the gasoline tax; and that portion thereof that is
attributable to the use of motor fuel subject to the diesel fuel tax shall be disbursed in
the manner provided by law for the disbursement of the proceeds of the diesel fuel tax. The
cost of administering and enforcing this article for each fiscal year shall be paid to the
state Department of Revenue, to be allotted and budgeted under Article 4 of Chapter 4 of Title
41, in addition to the regular appropriation to such department. (Acts 1961, No. 674, p. 925,
§7; Acts 1965, No. 750, p. 1357, §4.)...
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