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16-25A-41
Section 16-25A-41 Definitions. The following terms shall have the following meanings, unless
the context clearly indicates otherwise: (1) BOARD. The Public Education Flexible Employees
Benefit Board. (2) EMPLOYEE. Any person employed by a state or local board of education, postsecondary
institution, or other employer with employees as defined by Sections 16-25A-1 and 16-25A-11
participating in a state health insurance program. (3) EMPLOYER. Any local board of education
within the State of Alabama or other public institution of education within the state that
provides instruction at any combination of grades K-14 exclusively, under the auspices of
the State Board of Education, or the Alabama Institute for Deaf and Blind, or entities whose
employees are covered by the Public Education Employees' Health Insurance Plan pursuant to
Section 16-25A-11. (4) INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, as amended.
(5) PARTICIPATING EMPLOYEE. An employee who elects to participate in...
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22-6-233
Section 22-6-233 Legislative findings; certification of collaborators; powers of Medicaid Agency;
state action immunity. (a) The Legislature declares that collaboration among public payers,
private health carriers, third party purchasers, and providers to identify appropriate service
delivery systems and reimbursement methods in order to align incentives in support of integrated
and coordinated health care delivery is in the best interest of the public. Collaboration
pursuant to this article is to provide quality health care at the lowest possible cost to
Alabama citizens who are Medicaid eligible. The Legislature, therefore, declares that this
health care delivery system affirmatively contemplates the foreseeable displacement of competition,
such that any anti-competitive effect may be attributed to the state's policy to displace
competition in the delivery of a coordinated system of health care for the public benefit.
In furtherance of this goal, the Legislature declares its intent...
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41-22-22.1
Section 41-22-22.1 Review of board and commission rules and actions by Legislative Services
Agency, Legal Division, and Joint Committee on Administrative Regulation Review; fees. (a)
The Legislative Services Agency, Legal Division, shall review each rule certified to it by
a state board or commission that regulates a profession, a controlling number of the members
of which are active market participants in the profession, to determine whether the rule may
significantly lessen competition and, if so, whether the rule was made pursuant to a clearly
articulated state policy to displace competition. (b) If the Legislative Services Agency,
Legal Division, determines that a rule subject to subsection (a) may significantly lessen
competition, it shall determine whether the rule was made pursuant to a clearly articulated
state policy to displace competition, and shall certify those determinations to the committee.
The board or commission shall submit a position paper, a transcript of any...
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41-22-2
Section 41-22-2 Legislative intent and purpose; effect on substantive rights; applicability;
rulemaking authority. (a) This chapter is intended to provide a minimum procedural code for
the operation of all state agencies when they take action affecting the rights and duties
of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures
conferring additional rights upon the public; and, save for express provisions of this act
to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute
prescribing procedural duties for an agency which are in addition to those provided herein.
(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the
following: a. Provide legislative oversight of powers and duties delegated to administrative
agencies. b. Increase public accountability of administrative agencies. c. Simplify government
by assuring a uniform minimum procedure to which all agencies will 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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13A-10-132
Section 13A-10-132 Crimes in connection with sham legal process, etc. (a) For the purposes
of this section, the following terms shall have the following meanings: (1) LAW ENFORCEMENT
OFFICER. The same as defined in Section 13A-10-1. (2) LAWFULLY ISSUED. Adopted, issued, or
rendered in accordance with the applicable statutes, rules, regulations, and ordinances of
the United States, a state, an agency, or a political subdivision of a state. (3) SHAM LEGAL
PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or
other use of an instrument that is not lawfully issued, whether or not the instrument is produced
for inspection or actually exists, which purports to be any one of the following: a. A summons,
subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this
state, a peace officer, or a legislative, executive, or administrative agency established
by state law. b. An assertion of jurisdiction or authority over or...
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23-8-2
Section 23-8-2 Legislative findings. The Legislature finds all of the following: (a) That consistent
with the constitutional mandate that navigable waterways are public highways, the Legislature
hereby finds as a fact that a portion of the gasoline and diesel fuel sold in this state is
used for marine purposes to propel vessels on coastal and inland waterways of this state.
(b) That it is the policy of this state to use a portion of the funds derived from the additional
excise tax levied by the Rebuild Alabama Act on each net gallon of gasoline and diesel fuel
for the programs and activities of the Alabama State Port Authority. (c) That the development
and growth of electric vehicle transportation infrastructure are considerations in the construction,
reconstruction, maintenance, and repair of a modern-day public road, highway, and bridge system
in this state. (d) That the State Department of Transportation is the appropriate agency to
initiate the comprehensive planning and...
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41-16-120
Section 41-16-120 Powers and duties; definitions. (a) The Director of the Department of Economic
and Community Affairs shall be responsible for the distribution, transfer, or disposal of
all surplus personal property owned by the state and all right, title, interest, and equity
in the property shall be transferred to the department for such purpose. The director may
delegate to the Director of the Surplus Property Division such supervision and control of
the distribution or disposal of state owned surplus personal property. (b) As used in this
article, the following terms shall have the following meanings, respectively, unless the context
clearly indicates otherwise: (1) DIVISION. Surplus Property Division of the Department of
Economic and Community Affairs. (2) SURPLUS PROPERTY. That property declared by the property
manager of each state department, bureau, board, commission, or agency to be surplus and so
designated in writing to the director of the division. All real property owned...
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41-16-123
Section 41-16-123 Provisions applicable to certain property held by division. This section
shall apply only to that property that has been held by the division for a period of not less
than 60 days from the date the property is first published in the list of surplus property,
as set out in subsection (b) of Section 41-16-121, and not purchased by any eligible entity
as set out in subsection (e) of Section 41-16-120 as follows: (1) All contracts made by or
on behalf of the State of Alabama or a department, board, bureau, commission, institution,
corporation, or agency thereof, of whatever nature for the sale or disposal of tangible personal
property owned by the State of Alabama, other than the following: a. Alcoholic beverages.
b. Products of the Alabama Institute for Deaf and Blind. c. Barter arrangements of the state
prison system. d. Books. e. School supplies. f. Food. g. Property used in vocational projects.
h. Livestock. i. Property owned by any state college or university,...
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41-4-97
Section 41-4-97 Annual report by certain state agencies regarding receipt of federal funds.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) FEDERAL RECEIPTS. Federal financial assistance received or administered from federal entities
in the form of grants, loans, loan guarantees, property, cooperative agreements, interest
subsidies, insurance, food commodities, direct appropriations, other assistance, and amounts
received as reimbursement for services rendered to individuals, that is reported as part of
a single audit. (2) SINGLE AUDIT. An audit, as described under 31 U.S.C. ยง 7502(d), of a
non-federal entity that includes the entity's financial statements and federal awards. (3)
STATE AGENCY. An agency, department, authority, bureau, commission, or other administrative
office of the state, including the legislative and judicial branches of state government.
This term does not include a professional licensing board of the state. (b) A...
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