Code of Alabama

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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in the conduct
of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods or services
as those of another, provided that this section shall not prohibit the private labeling of
goods or services. (2) Causing confusion or misunderstanding as to the source, sponsorship,
approval, or certification of goods or services. (3) Causing confusion or misunderstanding
as to the affiliation, connection, or association with, or certification by another, provided
that this section shall not prohibit the private labeling of goods or services. (4) Using
deceptive representations or designations of geographic origin in connection with goods or
services. (5) Representing that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have or that a person has sponsorship,
approval, status, affiliation, or connection that he or she does...
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37-2A-4
Section 37-2A-4 Jurisdiction of the Public Service Commission. (a) Notwithstanding any provision
of law to the contrary, the commission shall not have any jurisdiction, right, power, authority,
or duty to regulate, supervise, control, oversee, or monitor, directly or indirectly, the
rates, charges, classifications, provision, or any aspect of broadband service, broadband
enabled services, VoIP services, or information services. (b)(1) The commission may require
incumbent local exchange carriers to unbundle their networks, but the commission shall not
require the carriers to unbundle in a manner that exceeds in degree or differs in kind from
the unbundling requirements of the Federal Communications Commission. (2) Nothing in this
section shall be construed to: a. Affect any entity's obligations under 47 U.S.C. Sections
251 and 252 or a right granted to an entity by these sections. b. Affect any applicable wholesale
tariff. c. Grant, modify, or affect the authority of the commission to...
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37-8-184
Section 37-8-184 Penalties for violations. (a) Any person, partnership or corporation who knowingly
violates or causes to be violated any of the foregoing provisions of this division or any
regulation made by the Public Service Commission of Alabama in pursuance thereof shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punished for each offense
by a fine not exceeding $2,000.00, or by imprisonment not exceeding 18 months, or both such
fine and imprisonment, in the discretion of the court. (b) When the death or bodily injury
of any person is caused by the explosion of any article named in this division, while the
same is being placed upon any vessel or vehicle to be transported, in violation thereof, while
the same is being so transported, or while the same is being removed from such vessel or vehicle,
the person knowingly placing or aiding or permitting the placing of such article upon any
such vessel or vehicle, to be so transported, shall be guilty of a...
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22-25B-1
Section 22-25B-1 Definitions. For purposes of this chapter, the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) ADEM. The Alabama
Department of Environmental Management. (2) ADPH. The Alabama Department of Public Health.
(3) CERTIFICATE OF ECONOMIC VIABILITY. The certification by the commission of the financial
viability of a wastewater management entity's financial viability pursuant to this chapter.
(4) CLUSTER WASTEWATER SYSTEM. An integrated wastewater collection system or treatment system,
or both, or multiple systems serving a single development or contiguous developments, which
collectively have a design flow of 15,000 GPD or less, and is designed and permitted for discharge
of the treated wastewater to a subsurface distribution system, but excluding systems that
discharge directly to surface waters of the state. The system must be designed by and certified
by a licensed professional engineer to comply with design and permit...
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27-3A-3
Section 27-3A-3 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings: (1) DEPARTMENT. The Alabama Department of Public Health. (2)
ENROLLEE. An individual who has contracted for or who participates in coverage under an insurance
policy, a health maintenance organization contract, a health service corporation contract,
an employee welfare benefit plan, a hospital or medical services plan, or any other benefit
program providing payment, reimbursement, or indemnification for health care costs for the
individual or the eligible dependents of the individual. (3) PROVIDER. A health care provider
duly licensed or certified by the State of Alabama. (4) UTILIZATION REVIEW. A system for prospective
and concurrent review of the necessity and appropriateness in the allocation of health care
resources and services given or proposed to be given to an individual within this state. The
term does not include elective requests for clarification of...
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37-15-10.1
Section 37-15-10.1 Underground Damage Prevention Authority. (a) The Underground Damage Prevention
Authority is created for the purpose of enforcing this chapter and for reviewing penalty provisions
and the adequacy of the enforcement process. It is the intent of the Legislature that the
authority and its enforcement activities not be funded by appropriations from the state budget.
(b) The authority shall utilize the services of the Alabama Public Service Commission to provide
administrative support for the authority, subject to the concurrence by the authority board.
The Public Service Commission shall charge the expenses associated with the administrative
duties of the authority back to the authority, subject to the concurrence of the authority
board. The administrative support provided by the Alabama Public Service Commission to the
authority is in an administrative capacity only and nothing in this chapter shall expand the
jurisdiction of the Alabama Public Service Commission in any...
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11-98-5.3
Section 11-98-5.3 Prepaid wireless telephone service. (a) As used in this section, the following
words and terms shall have the following meanings unless the context clearly indicates otherwise:
(1) DEPARTMENT. The Department of Revenue for the State of Alabama. (2) PREPAID RETAIL TRANSACTION.
The purchase of prepaid wireless telecommunications service from a seller for any purpose
other than resale. (3) PREPAID WIRELESS CONSUMER. A person who purchases prepaid wireless
telecommunications service in a retail transaction. (4) PREPAID WIRELESS TELEPHONE SERVICE.
A service that meets all of the following requirements: a. Authorizes the purchase of CMRS,
either exclusively or in conjunction with other services. b. Must be paid for in advance.
c. Is sold in units or dollars whose number or dollar value declines with use and is known
on a continuous basis. (b) Notwithstanding any other provision of this chapter, the current
CMRS emergency telephone service charge established under...
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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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38-7-16
Section 38-7-16 Penalties; burden of proof of relationship. Any person, group of persons, association
or corporation who: (1) Conducts, operates or acts as a child-care facility without a license,
or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit; (3) Fails to
keep the records and make the reports provided under this chapter; (4) Advertises any service
not authorized by the license or permit held; (5) Publishes any advertisement in violation
of this chapter; (6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted
and published by the department for the enforcement of the provisions of this chapter, shall
be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00
or be imprisoned in the county jail not longer than one year,...
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