45-49-100.40
Section 45-49-100.40 Powers of board. The board of school commissioners shall be entitled to
receive, levy, assess, and collect all devises, revenues, and taxes to which they were by
law entitled at the date of the organization of the Board of Education of the State of Alabama,
and they shall have full power to continue in force, revise, modify, and improve, as to them
may see fit, the public school system now existing in the County of Mobile, and to make such
bylaws, rules, and regulations, not inconsistent with the laws of the state and of the United
States, for the government of the board and of the schools, as they may deem expedient or
necessary. They shall hold regular meetings of the board at such times as they may fix upon
and adjourned or special meetings when necessary. Three members of the board shall constitute
a quorum for the transaction of business, but no business involving a change in the system,
rules, and regulations or affecting the general interest of the county...
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5-1A-3
such violation may be enjoined and the injunction enforced as in other cases. If the directors,
officers, or those persons performing similar functions as corporate directors or officers
of any entity shall knowingly and willfully violate or knowingly and willfully permit any
of the officers, agents, employees, or those persons performing similar functions of the entity
to violate any of the provisions of this section, each and every such director, officer, or
other person engaging in such knowing and willful violation or knowing and willful permission
shall be liable in his or her personal and individual capacity for all damages which
the entity or any other person shall have sustained in consequence of such violation. This
section shall not be applicable to entities regularly engaged in business in this state which
on and since July 12, 1949, have lawfully and continuously used such words in their trade
or firm name. (Acts 1980, No. 80-658, §5-1-3; Act 2007-224, p. 284, §1.)...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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22-35-3
to disallow recovery to any person who interferes with prompt remediation of impacted soils
and groundwater. Such term shall not include any person to whom property is sold, given, or
abandoned after discovery of a release or in anticipation of damage due to a release. (17)
THIRD-PARTY CLAIM. Any civil action brought or asserted by any third party against any owner
or operator of any underground or aboveground storage tank who is in substantial compliance
as stated in this chapter for bodily injury or property damage which damages are the
direct result of an accidental release arising from the operation of motor fuel underground
or aboveground storage tanks covered under this chapter. The assessment of punitive damages
shall not constitute a third-party claim recoverable against the fund, nor shall punitive
damages be assessed against the fund. (18) UNDERGROUND STORAGE TANK. Any one or combination
of tanks (including pipes connected thereto) used to contain an accumulation of motor...
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22-36-2
Section 22-36-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama
Department of Environmental Management. (3) DIRECTOR. The Director of the Alabama Department
of Environmental Management. (4) OPERATOR. Any person in control of, or having responsibility
for, the daily operation of an underground storage tank. (5) OWNER OF AN UNDERGROUND STORAGE
TANK: a. In the case of an underground storage tank in use on November 8, 1984 or brought
into use after that date, any person who owns an underground storage tank used for the storage,
use, or dispensing of regulated substances, and b. In the case of any underground storage
tank in use before November 8, 1984 but no longer in use on that date, the present owner of
the tank and any person who owned such tank immediately before the...
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25-5-1
an artificial member of the body by accidental means. (8) INJURIES BY AN ACCIDENT ARISING OUT
OF AND IN THE COURSE OF THE EMPLOYMENT. Without otherwise affecting either the meaning or
interpretation of the clause, the clause does not cover workers except while engaged in or
about the premises where their services are being performed or where their service requires
their presence as a part of service at the time of the accident and during the hours of service
as workers. (9) INJURY. "Injury and personal injury"
shall mean only injury by accident arising out of and in the course of the employment,
and shall not include a disease in any form, except for an occupational disease or where it
results naturally and unavoidably from the accident. Injury shall include physical
injury caused either by carpal tunnel syndrome disorder or by other cumulative trauma
disorder if either disorder arises out of and in the course of the employment, and breakage
or damage to eyeglasses, hearing aids,...
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25-5-50
Section 25-5-50 Applicability; exemptions; coverage for school boards, volunteer fire departments,
and rescue squads; sports officials. (a) This article and Article 2 of this chapter shall
not be construed or held to apply to an employer of a domestic employee; an employer of a
farm laborer; an employer of a person whose employment at the time of the injury is
casual and not in the usual course of the trade, business, profession, or occupation of the
employer; an employer who regularly employs less than five employees in any one business,
other than the business of constructing or assisting on-site in the construction of new single-family,
detached residential dwellings; or a municipality having a population of less than 2,000 according
to the most recent federal decennial census. An employer who regularly employs less than five
employees in any one business; a farm-labor employer; an employer of a domestic employee;
or a municipality having a population of less than 2,000 according to...
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34-27-61
Section 34-27-61 Hearing; refusal, suspension, or revocation of license; willful violation
defined; escrow deficiency. The commission may upon its own motion, or upon the verified complaint
in writing of any person, hold a hearing regarding an alleged violation by any person or business
entity of this article. Any person found guilty of having violated any provision of this article
or any rule, regulation, or order of the commission shall be subject to the refusal of a license,
if not licensed; or, if licensed, to the suspension or revocation of such license and/or a
monetary penalty of not less than $25 nor more than $1,000. Such hearing shall be held in
a manner prescribed by the Alabama Real Estate License Law and the rules and regulations of
the Alabama Real Estate Commission. The reinstatement of a license suspended or revoked as
a result of a violation under this article may be made conditional upon the fulfillment of
such reasonable conditions as are imposed by the commission....
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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40-18-1
existed on December 31, 2007. (8) CORPORATION. The term includes associations, joint stock
companies, and any other entity classified as an association taxable as a corporation for
federal income tax purposes. (9) DISREGARDED ENTITY. Any entity which is disregarded for federal
income tax purposes. (10) DOMESTIC. When applied to a corporation or subchapter K entity means
created or organized under the laws of the State of Alabama. (11) FIDUCIARY. A guardian, trustee,
executor, administrator, personal representative, receiver, conservator, or any person
acting in any fiduciary capacity for any person. (12) FISCAL YEAR. An accounting period of
12 months ending on the last day of any month other than December. (13) FOREIGN. When applied
to a corporation or a subchapter K entity means created or organized under a jurisdiction
other than the State of Alabama. (14) GEOTHERMAL. Any geothermal reservoir in Alabama consisting
of natural heat which is stored in rocks or in an aqueous liquid or...
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