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11-50A-33
Section 11-50A-33 Severability. In the event any portion of this chapter should be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the validity
of any of the remaining portions of this chapter, which shall continue effective; provided,
however, that if Section 11-50A-7 hereof or any portion of Section 11-50A-7 is held invalid
or unconstitutional or if the payments in lieu of taxation provision set out in Section 11-50A-7
is for any reason determined to be unenforceable in a legal proceeding related to the initial
issuance of bonds, bond anticipation notes or notes of the authority, then the entire chapter
shall be invalid and ineffective and shall not be law. (Acts 1981, No. 81-681, p. 1114, §34.)...
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37-14-17
Section 37-14-17 Severability. The provisions of this article are not severable. If any part
of this article is declared invalid under the constitution or laws of this state, such declaration
shall render invalid all parts which remain. Notwithstanding such invalidity, action taken
by any party in conformity with the provisions of this article shall be considered lawful
actions by such party; provided, however, any electric service rendered which would have been
illegal or unlawful or violative of any contractual provision absent this article shall be
terminated and the facilities shall be removed following any determination of the invalidity
of this article. (Acts 1984, No. 84-206, p. 314, §9.)...
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34-21-130
Section 34-21-130 Construction; severability. This compact shall be liberally construed so
as to effectuate the purposes thereof. The provisions of this compact shall be severable,
and if any phrase, clause, sentence, or provision of this compact is declared to be contrary
to the constitution of any party state or of the United States, or if the applicability thereof
to any government, agency, person, or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government, agency, person, or circumstance
shall not be affected thereby. If this compact shall be held to be contrary to the constitution
of any party state, this compact shall remain in full force and effect as to the remaining
party states and in full force and effect as to the party state affected as to all severable
matters. (Act 2019-102, §3.)...
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45-8A-22.133
Section 45-8A-22.133 Construction. (a) Choice of Law. The plan shall be construed and enforced
according to the Internal Revenue Code, this subpart, and the laws of the State of Alabama,
other than its laws respecting choice of law. In the event of any discrepancy between the
terms of the plan or this subpart and those of applicable federal law, federal law shall apply.
(b) Gender and Number. Words used herein in the masculine gender include the feminine and
neuter, and whenever any words are used herein in the singular or plural form, they shall
be construed as though they were also used in the other form in all cases where they would
so apply. (c) Headings and Severability. The headings and subheadings of the plan have been
inserted for convenience of reference and are to be ignored in any construction of the provisions
hereof. If, for any reason, any clause, sentence, subsection, section, or provision of the
plan, or the application thereof, to any person, body, situation, or...
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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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45-10-20
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-10-20.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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39A-50.htm - 4K - Match Info - Similar pages
45-35-245
Section 45-35-245 Levy, collection, and enforcement; disposition of funds. (a)(1) The Houston
County Commission is hereby authorized to impose upon every person, firm, or corporation who
sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in
Houston County a county privilege, license, or tax in the following amounts: a. Five cents
($.05) for each package of cigarettes, made of tobacco or any substitute therefor. b. Two
cents ($.02) for each cigar of any description made of tobacco or any substitute therefor.
c. Two cents ($.02) for each sack, can, package, or other container of smoking tobacco, including
granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco which
are prepared in such manner as to be suitable for smoking in a pipe or cigarette. d. Three
cents ($.03) for each sack, plug, package, or other container of chewing tobacco, which tobacco
is prepared in such manner as to be suitable for chewing only and not...
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40-17-361
Section 40-17-361 Disposition of diesel proceeds. (a) The proceeds of the thirteen cents ($.13)
diesel excise tax imposed by this article, when collected, shall be applied as follows: (1)
For payment of the costs of collection thereof, being the amount appropriated for each fiscal
year by the Legislature to the department for the administration of this article. (2) For
payment of the principal of and interest on bonds issued after October 1, 1969, and prior
to December 1, 1977, by the Alabama Highway Authority, a public corporation and instrumentality
of the state, all in the manner and to the extent and subject to the priorities as to rank
as are provided in the respective statutes under which the bonds were issued. (3) For payment
of the principal of and interest on bonds and other obligations, including refunding obligations,
issued after December 1, 1977, by a public corporation existing at the time of issuance under
the laws of Alabama pursuant to then existing statutory or...
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45-32-247
Section 45-32-247 Levy of tax. (a)(1) The Greene County Commission is hereby authorized to
impose upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise
consumes tobacco or certain tobacco products in Greene County a county privilege, license,
or excise tax up to the following amounts: a. Five cents ($0.05) for each package of cigarettes,
made of tobacco or any substitute therefor. b. Five cents ($0.05) for each cigar of any description
made of tobacco or any substitute therefor. c. Five cents ($0.05) for each sack, can, package,
or other container of smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed,
and other kinds and forms of tobacco which is prepared in such manner as to be suitable for
smoking in a pipe or cigarette. d. Five cents ($0.05) for each sack, plug, package, or other
container of chewing tobacco, which tobacco is prepared in such manner as to be suitable for
chewing only and not suitable for smoking as described in...
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