Code of Alabama

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41-16-78
Section 41-16-78 Exceptions. (a) This article shall not apply to any entity that does
not receive state funds. (b) This article shall also not apply to direct health care services
provided by the Alabama Department of Public Health. (c) This article shall not apply to any
county or municipality, or any board, public corporation, authority, public utility district,
or other entity created by any county or municipality, or to the Alabama Municipal Electric
Authority created pursuant to the provisions of Section 11-50A-1, et seq., nor shall
it apply to any local school board, the State Department of Education, or other entity covered
under Section 41-16-50, et seq., except as herein provided for future support of computer
technology or any educational and eleemosynary institutions governed by a board of trustees
or other similar governing body, nor shall it apply to any statewide non-profit water and
wastewater utility association. (d) This article shall not apply to any state authority,...

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37-4-150
Section 37-4-150 Electric transmission facilities. (a) This section shall be
known and may be cited as the Energy Security Act of 2015. (b) The Legislature hereby finds
and declares that due to the economic, financial, and service impacts associated with the
development of electric transmission facilities used for the furnishing of electric service
to consumers in this state, it is in the public interest to provide incumbent electric suppliers
the right to construct, own, operate, and maintain new transmission facilities that connect
to their own electric systems. The Legislature further finds and declares that providing incumbent
electric suppliers this right furthers their ability to satisfy their respective obligations
to provide service to Alabama consumers. This section implements these findings. (c)
As used in this section, the following words have the following meanings: (1) COMMISSION.
The Alabama Public Service Commission. (2) ELECTRIC TRANSMISSION FACILITY. Any transmission...

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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a)
As used in this section the following words shall have the meanings ascribed to them
as follows: (1) CONTRACTOR. Any natural person, partnership, company, firm, corporation, association,
limited liability company, cooperative, or other legal entity licensed by the Alabama State
Licensing Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is
neither a. organized and existing under the laws of the State of Alabama, nor b. maintains
its principal place of business in the State of Alabama. A nonresident contractor which has
maintained a permanent branch office within the State of Alabama for at least five continuous
years shall not thereafter be deemed to be a nonresident contractor so long as the contractor
continues to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging
to the contractor which has been retained by the awarding authority conditioned on...
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41-23-85
Section 41-23-85 Functions of board and division. (a) The board shall exercise authority
with respect to all matters pertaining to the acceptance and adoption, and implementation
of the Alabama Energy and Residential Codes by the State of Alabama. In so doing, the board
may perform any of the following functions: (1) Review, amend, and adopt the Alabama Energy
and Residential Codes. The board shall consider updates and changes to the codes referenced
herein no less than two years after the date of publication of the most recent version of
the codes. (2) Evaluate, assess, advise, and counsel the division and the units of local government,
on residential energy codes and the impact of those codes upon the economy and the environment.
(3) Solicit and enlist the cooperation of all appropriate private-sector and community-based
organizations to implement the purpose of this article. (4) Make recommendations to the division
for the enactment of additional legislation as it deems necessary...
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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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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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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and
phrases mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for
tax or payments required to be made in lieu thereof. An abatement of transaction taxes imposed
under Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve
the seller from the obligation to collect and pay over the transaction tax as if the sale
were to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED
TRANSACTION TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments
required to be made in lieu thereof, on tangible personal property and taxable services incorporated
into an industrial development property, the cost of which may be added to capital account
with respect to the property, determined without regard to any rule which...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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41-16-72
Section 41-16-72 Procurement of professional services. Any other provision of law notwithstanding,
the procurement of professional services by any agency, department, board, bureau, commission,
authority, public corporation, or instrumentality of the State of Alabama shall be conducted
through the following selection process: (1)a. Except as otherwise provided herein, attorneys
retained to represent the state in litigation shall be appointed by the Attorney General in
consultation with the Governor from a listing of attorneys maintained by the Attorney General.
All attorneys interested in representing the State of Alabama may apply and shall be included
on the listing. The selection of the attorney or law firm shall be based upon the level of
skill, experience, and expertise required in the litigation and the fees charged by the attorney
or law firm shall be taken into consideration so that the State of Alabama receives the best
representation for the funds paid. Fees shall be...
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6-5-340
Section 6-5-340 Computer failure or malfunction. (a) Whenever used in this section,
the following words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION
AND AUTHORITY. Any public or private corporation, board, or authority established pursuant
to a general or local law by state, county, or municipal government for the purpose of carrying
out a specific governmental function. (2) GOVERNMENTAL ENTITY. The state, any municipality,
or any county in the state; any department, agency, board, or commission of a municipality,
a county, or the state; any legislative or regulatory body of the state, or of any municipality
or county; any state, municipal, or county governmental corporation or authority; any state
university or community college, including any publicly funded trade or technical school;
the State Board of Education, and all county, municipal, and city-county public school boards;
any state, county, or municipal hospital boards when such boards are...
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