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43-8-297
Section 43-8-297 Uniformity of application and construction. This article shall be applied
and construed to effectuate its general purpose to make uniform the law with respect to the
subject of this article among states enacting it. It is the intent of the legislature of the
state of Alabama by this article to clarify the laws of this state with respect to the subject
matter hereof in order to ensure the ability of persons to disclaim interests in property
without the imposition of federal and state estate, inheritance, gift and transfer taxes.
This article is to be interpreted and construed in accordance with, and in furtherance of,
that intent. (Acts 1981, No. 81-156, §8; Code 1975, §35-17-8.)...
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45-10-20
Section 45-10-20 Regulation of liquor traffic. (a) 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 body disagrees with the conclusion reached by the court concerning...
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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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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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-21.20.htm - 4K - Match Info - Similar pages
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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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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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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16-44-1
by the commission pursuant to this paragraph or services borrowed pursuant to paragraph F of
this article shall be reported in the annual report of the commission. Such report shall include
the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and
the identity of the donor or lender. H. The commission may establish and maintain such facilities
as may be necessary for the transacting of its business. The commission may acquire, hold,
and convey real and personal property and any interest therein. I. The commission shall
adopt bylaws for the conduct of its business and shall have the power to amend and rescind
these bylaws. The commission shall publish its bylaws in convenient form and shall file a
copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in
each of the party states. J. The commission annually shall make to the governor and legislature
of each party state a report covering the activities of the...
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41-18-1
or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to
paragraph (g) of this article shall be reported in the annual report of the board. Such report
shall include the nature, amount and conditions if any, of the donation, grant or services
borrowed and the identity of the donor or lender. (i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold and convey real and personal property and any interest therein. (j) The board
shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind
these bylaws. The board shall publish its bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto with the appropriate agency or officer in each
of the party states. (k) The board annually shall make to the governor and legislature of
each party state a report covering the activities of the board for the...
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45-46-90.06
45-46-90.18, specified in its certificate of incorporation. (2) To sue and be sued in its own
name in civil suits and actions, excepting actions in tort, and to defend suits 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. (6) To make, enter into, and execute such
contracts, agreements, leases, and other instruments and to take such other actions as may
be necessary or convenient to accomplish any purpose for which the authority was organized
or to exercise any power expressly granted hereunder. (7) To plan, establish, develop, acquire,
purchase, lease, construct, reconstruct, enlarge, improve, maintain, equip, operate, regulate,
and protect industrial and commercial facilities and port or dock...
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