Code of Alabama

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9-2-5
Section 9-2-5 Commissioner of Conservation and Natural Resources - Qualifications, appointment,
term of office, oath, and bond. The Department of Conservation and Natural Resources shall
be headed by and shall be under the direction, supervision and control of an officer who shall
be known and designated as the Commissioner of Conservation and Natural Resources. The Commissioner
of Conservation and Natural Resources shall be the advisor of the Governor and the Legislature
in matters relating to the wildlife and other natural resources and the state parks and monument
and historical sites of the State of Alabama and the discovery, development, protection and
conservation thereof. He shall be responsible to the Governor for the administration of the
Department of Conservation and Natural Resources. The Commissioner of Conservation and Natural
Resources shall be appointed and shall hold office at the pleasure of the Governor. Vacancies
for any reason shall be filled in the same manner as...
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40-18-86
Section 40-18-86 Sale or transfer of real property and associated tangible property by nonresidents.
(a) As used in this section, the term nonresident of Alabama shall include individuals, trusts,
partnerships, corporations, and unincorporated organizations. Any seller or transferor who
meets all of the following conditions and who provides the buyer or transferee with an affidavit
signed under oath swearing or affirming that all of the following conditions are met will
be deemed a resident for purposes of this section: (1) The seller or transferor has filed
Alabama income tax returns or appropriate extensions have been received for the two income
tax years immediately preceding the year of sale. (2) The seller or transferor is in business
in Alabama and will continue substantially the same business in Alabama after the sale or
the seller or transferor has real property remaining in the state at the time of closing of
equal or greater value than the withholding tax liability as...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words shall have
the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST. A real
estate investment trust organized in compliance with the provisions of this chapter. (2) BUSINESS
TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated trust or association,
including an Alabama real estate investment trust, a common-law trust, or a Massachusetts
trust, which is engaged in business and in which property is acquired, held, managed, administered,
controlled, invested, or disposed of for the benefit and profit of any person who may become
a holder of a transferable unit of beneficial interest in the trust. (3) DOMESTIC LIMITED
LIABILITY COMPANY. A limited liability company as defined under the Alabama Limited Liability
Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership as defined under the
Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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10A-5-1.02
Section 10A-5-1.02 Definitions. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144 EFFECTIVE
JANUARY 1, 2017. As used in this chapter, unless the context otherwise requires, the following
terms mean: (1) ARTICLES OF ORGANIZATION. The filing instrument provided for by Section 10A-5-2.01,
or, if it has been amended or restated, as most recently amended or restated. In the case
of a foreign limited liability company, the term includes all documents serving a similar
function that are required to be filed to form the limited liability company in the state
or other jurisdiction where it is organized. The term articles of organization as used in
this chapter is synonymous with the term certificate of formation as defined in Section 10A-1-1.03(6).
In this chapter, the use of the term certificate of formation shall be deemed to include articles
of organization, and vice-versa. Together with the operating agreement, the articles of organization
or certificate of formation of a limited...
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16-60-115
Section 16-60-115 Adult Education, State Approving Agency, and Private School Licensure programs.
(a) All powers, duties, responsibilities, and functions of, and all related records, property,
equipment of, and all rights, obligations of, and unexpended balances of appropriations including
federal and other funds or allocations for the fiscal year ending September 30, 2002, of the
Adult Education program, the State Approving Agency program, and the Private School Licensure
program for postsecondary proprietary schools of the State Department of Education shall be
transferred by the State Board of Education to the Postsecondary Education Department. Commencing
on May 12, 2015, all authority vested in the Postsecondary Education Department pursuant to
this subsection shall be transferred from the Postsecondary Education Department to the Alabama
Community College System pursuant to Section 16-60-110.1. (b) All funds appropriated to the
State Department of Education for the fiscal year...
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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under this
chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN. A
person so designated under Section 35-5A-10 or a successor or...
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38-4-14
Section 38-4-14 Limitations on use of public assistance benefits. (a) For the purposes of this
section, the term public assistance benefits means money or property provided directly or
indirectly to eligible persons through programs of the federal government, the state, or any
political subdivision thereof, and administered by the Alabama Department of Human Resources.
(b)(1) A recipient of public assistance benefits may not use any portion of the benefits for
the purchase of any alcoholic beverage, tobacco product, or lottery ticket. Any person who
violates this subsection shall reimburse the Department of Human Resources for the purchase
and shall be subject to the following sanctions: a. Upon the first violation, the person shall
be disqualified from receiving public assistance benefits by means of direct cash payment
or an electronic benefits transfer access card for one month. b. Upon the second violation,
the person shall be disqualified from receiving public assistance benefits...
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9-16-80
Section 9-16-80 Surface Mining Control and Reclamation Division - Creation; director; chief;
transfer of books, records, powers, rights, and personnel. (a) There is hereby created a Division
of Surface Mining Control and Reclamation within the Alabama Surface Mining Commission to
enforce the provisions of this article. The division shall have such powers and authority
as may be delegated by the director of the commission. (b)(1) The director shall appoint a
chief of the division and shall fix his compensation as an unclassified employee in the state
Merit System. (2) The chief shall be the chief executive officer of the division and shall
administer in the name of the division that power and authority delegated to the division
by the director. The chief may, with the approval of the director, establish such sections
within the division as may be necessary to enforce this article and the rules, regulations
and standards promulgated thereunder. (c) Any books, records, equipment,...
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22-2-10
Section 22-2-10 Council on Dental Health, Council on Animal and Environmental Health, Council
on Prevention of Disease and Medical Care and Council on Health Costs, Administration and
Organization - Chairmen; vacancies; meetings; quorum; compensation. Each such council shall
select from among its members, by majority vote, a chairman; and the chairman of each such
council, by virtue of his selection as chairman, shall be a member of the State Committee
of Public Health with full voting privileges, rights and responsibilities of membership. As
each term expires on each council, the designated association or person responsible for the
original appointment shall fill the vacancy for a five-year term. Appointees who serve less
than five-year terms shall be eligible for reappointment for only one five-year term. A council
member who ceases to be a member of the appointing authority or who no longer is a resident
of the State of Alabama shall automatically cease to be a member of the council...
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28-3A-23
Section 28-3A-23 Regulation of grant of licenses. (a) No license prescribed in this code shall
be issued or renewed until the provisions of this code have been complied with and the filing
and license fees other than those levied by a municipality are paid to the board. (b) Licenses
shall be granted and issued by the board only to reputable individuals, to associations whose
members are reputable individuals, or to reputable corporations organized under the laws of
the State of Alabama or duly qualified thereunder to do business in Alabama, or, in the case
of manufacturers, duly registered under the laws of Alabama, and then only when it appears
that all officers and directors of the corporation are reputable individuals. (c) Every license
issued under this code shall be constantly and conspicuously displayed on the licensed premises.
(d) Each retail liquor license application must be approved by the governing authority of
the municipality if the retailer is located in a municipality,...
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