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45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 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,...
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45-49-21.20
Section 45-49-21.20 Legislative findings. (a) The Legislature is cognizant of Opinion of the
Justices No. 376, issued April 9, 2002, which states that a local bill for Washington County
"purporting to allow by local law the creation of a traffic in alcohol that does not
presently exist in smaller municipalities in Washington 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,
in part, was 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
body disagrees with the conclusion reached by the court concerning Section 104....
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9-8-25
Section 9-8-25 Powers and duties of districts; performance of work on private lands; acquisition,
etc., of land by public bodies; exemption from taxation. (a) A soil and water conservation
district organized under this article shall constitute a governmental subdivision of this
state and a public body, corporate and politic, exercising public powers, and such district
and the supervisors thereof shall have the following powers, in addition to others granted
in other sections of this article: (1) To carry out preventive and control measures within
the district including, but not limited to, engineering operations, methods of cultivation,
the growing of vegetation, changes in use of land, and other erosion control measures on lands
owned or controlled by this state or any of its agencies with the consent and cooperation
of the agency administering and having jurisdiction thereof and on any other lands within
the district upon obtaining the consent of the owner of such lands or the...
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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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24-1-66
Section 24-1-66 Powers and duties of authority generally. (a) An authority shall constitute
a public body and a body corporate and politic exercising public powers, and having all the
powers necessary or convenient to carry out and effectuate the purposes and provisions of
this article, including the following powers in addition to others granted in this article:
(1) To investigate into living, dwelling, and housing conditions and into the means and methods
of improving such conditions; (2) To determine where unsafe or unsanitary dwelling, public
school, or housing conditions exist; (3) To study and make recommendations concerning the
plan of the county in relation to the problem of clearing, replanning, and reconstruction
of areas in which unsafe or unsanitary dwelling, public school, or housing conditions exist,
and the provision of dwelling accommodations for persons of low income, and to cooperate with
the county or any regional planning agency; (4) To prepare, carry out, and...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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32-9A-2
Section 32-9A-2 Compliance with Federal Motor Carrier Safety Regulations; in-service training
by law enforcement officers. (a)(1) Except as otherwise provided in subsection (b), no person
may operate a commercial motor vehicle in this state, or fail to maintain required records
or reports, in violation of the federal motor carrier safety regulations as prescribed by
the U.S. Department of Transportation, 49 C.F.R. Part 107, Parts 171-180, Parts 382-387, and
Parts 390-399 and as they may be amended in the future. Except as otherwise provided herein,
this chapter shall not be construed to repeal or supersede other laws relating to the operation
of motor vehicles. (2)a. No person may operate a commercial motor vehicle in this state in
violation of 49 C.F.R. §393.120, as amended, relating to load securement for certain metal
coils. b. No one owning, leasing, or allowing a commercial vehicle to be operated in this
state shall knowingly or negligently be in violation of 49 C.F.R. §393.120,...
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45-29-140.05
Section 45-29-140.05 Powers of authority; rates and charges. (a) The authority shall have the
following powers, together with all powers incidental thereto or necessary to the discharge
thereof in corporate form: (1) To have succession by its corporate name for the duration of
time specified in its certificate of incorporation. (2) To sue and be sued in its own name
in civil actions, except as otherwise provided in this article, and to defend civil actions
against it. (3) To adopt and make use of a corporate seal and to alter the same at pleasure.
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether located in one or more
counties and whether located within or outside the service area. (6) To make, enter into,
and execute such contracts, agreements, leases, and other instruments and to take...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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16-26A-4
Section 16-26A-4 Board of directors generally. (a) There is hereby created a board of directors
for the school, sometimes hereinafter referred to as the "board." The board shall
be composed of 21 members as follows: (1) The State Department of Education assistant state
superintendent in charge of curriculum development, or his or her designee. (2) The Chancellor
of the University of Alabama System, or his or her designee. (3) The President of Auburn University,
or his or her designee. (4) The President of the University of South Alabama, or his or her
designee. (5) The President of Alabama A&M University, or his or her designee. (6) The
Chair of the Alabama High School of Mathematics and Science Foundation. (7) The Chair of the
House Standing Committee on Education, or his or her designee. (8) The Chair of the Senate
Standing Committee on Education, or his or her designee. (9) The Chair of the House Standing
Committee on Ways and Means Education, or his or her designee. (10) The Chair...
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