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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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21-1-18
Section 21-1-18 Expenditures for services, supplies, etc., subject to provisions of state competitive
bid law; exceptions. All expenditures of funds of whatever nature for labor, services, or
work or for the purchase or lease of materials, equipment, supplies, or other personal property
involving $500.00 or more made by or on behalf of the Alabama Institute for Deaf and Blind
shall be made under contractual agreement entered into by free and open competitive bidding
on sealed bids to the lowest responsible bidder. All such expenditures shall be subject to
the provisions of Sections 41-16-50 through 41-16-63, in the same manner and to the same extent
as are expenditures by or for state trade schools, state junior colleges, and state colleges
and universities under the supervision and control of the State Board of Education; provided,
however, that this section shall not apply to purchases of any commodity for which an open
public market is maintained, including but not limited to grains...
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28-3-240
Section 28-3-240 Goods, etc., subject to confiscation and sale generally; procedure for confiscation
and sale of goods, etc., generally. All alcoholic beverages enumerated and defined in this
chapter or other products taxable under this chapter found at any point within the State of
Alabama when said alcoholic beverages or products shall have been within the State of Alabama
for a period of two hours or longer in possession of any retailer or for a period of 36 hours
or longer in possession of any wholesaler or distributor not having affixed to the package,
as defined in this chapter, the stamps, crowns or lids as provided by law are hereby declared
to be contraband goods, and the same may be seized by the board or its agents or by any peace
officer of the State of Alabama without a warrant, and the said goods shall be delivered to
the board for sale at public auction to the highest bidder after due advertisement, but the
board, before delivering any of said goods so seized, shall...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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40-21-102
Section 40-21-102 Levy of tax; sourcing of total sales price for telegraph or telephone services.
(a) There is hereby levied, in addition to all other taxes of every kind now imposed by law,
and shall be collected as herein provided, an excise tax on the storage, use, or other consumption
of electricity, domestic water, and natural gas in the State of Alabama. The amount of the
tax shall be determined by the application of rates against the sales price of such services
in the State of Alabama. The tax shall be computed monthly in accordance with the following
table: If the total sales price of the utility services furnished by a utility and stored,
used, or otherwise consumed by a person in one month is: The tax with respect to the utility
service is: Not over $40,000.00 4% of the sales price Over $40,000.00 but not over $60,000.00
$1,600.00 plus 3% of excess over $40,000.00 Over $60,000.00 $2,200.00 plus 2% of excess over
$60,000.00 (b) There is hereby levied an excise tax on the...
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40-29-90
Section 40-29-90 Jeopardy assessment - For income tax. (a) Termination of taxable period. If
the commissioner or his delegate finds that a taxpayer designs quickly to depart from the
State of Alabama or to remove his property therein, or to do any other act tending to prejudice
or to render wholly or partly ineffectual proceedings to collect the income tax for the current
or the preceding taxable year unless such proceedings be brought without delay, the commissioner
or his delegate shall declare the taxable period for such taxpayer immediately terminated,
and shall cause notice of such finding and declaration to be given the taxpayer, together
with a demand for immediate payment of the tax for the taxable period so declared terminated
and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether
or not the time otherwise allowed by law for filing return and paying the tax has expired;
and such taxes shall thereupon become immediately due and payable. In...
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41-10-754
Section 41-10-754 Powers of the authority. The authority shall have, in addition to all other
powers granted to it in this article, all of the following powers: (1) To have succession
by its corporate name until dissolved as herein provided. (2) To institute and defend legal
proceedings in any court of competent jurisdiction and proper venue; provided, however, that
the authority may not be sued in any nisi prius court other than the courts of the county
in which is located the principal office of the authority; and provided further that the officers,
directors, agents, and employees of the authority may not be sued for actions on behalf of
the authority in any nisi prius court other than the courts of the county in which is located
the principal office of the authority. (3) To have and to use a corporate seal and to alter
the seal at pleasure. (4) To establish a fiscal year. (5) To adopt, and from time to time,
amend and repeal, bylaws, rules, and regulations not inconsistent with...
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41-20-12
Section 41-20-12 Cessation of affairs of agencies terminated; abolition of personnel positions
and reversion to state of unexpended funds; expiration of licenses; penalties unenforceable.
Any enumerated agency which is terminated shall cease its affairs on the date specified in
Section 41-20-3. Any nonenumerated agency shall cease its affairs on the date specified in
the bill terminating said agency. From the date of sine die of the regular legislative session,
immediately preceding the date of termination, any enumerated agency terminated pursuant to
Section 41-20-3 shall exercise no functions or powers except to administratively wind up its
affairs. Any nonenumerated agency which has been terminated shall exercise no functions or
powers, except to administratively wind up its affairs, after the date provided for in the
bill terminating such agency. Upon the termination date such enumerated or nonenumerated agency,
its personnel position shall be abolished with all unexpended funds...
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41-20-4
Section 41-20-4 Creation of select joint committee for review and evaluation of agencies; composition;
selection of members; chairman; duties generally; submission of data and report of recommendations
as to continuation or termination of agencies; voting upon committee recommendations by Legislature
generally; compensation of members of committee. (a) A select joint committee, known as the
Sunset Committee, shall be constituted as follows: (b) Three members of the House and three
members of the Senate shall be elected in the same manner as the elected members of the Legislative
Council by the respective houses: two from the Alabama Senate and two from the Alabama House
of Representatives shall be appointed by the presiding officer of said elected bodies; and
the President Pro Tempore of the Senate and the Speaker Pro Tem of the House of Representatives.
The chairman shall be elected from among the members of the committee, alternating annually
between a House member and a Senate...
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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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