9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface mined
under this article shall be reclaimed. (a) The objective of this article is to provide for
the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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22-35-1
Section 22-35-1 Legislative findings and intent. The Legislature of the State of Alabama finds
and declares that certain lands of Alabama constitute unique and delicately balanced resources;
that the protection of these resources is vital to the economy of this state; and that the
preservation of waters is a matter of the highest urgency and priority as these waters provide
a primary source of potable water in this state; that such use can only be served effectively
by maintaining the quality of waters in as close to a comparable previous condition as possible,
taking into account multiple use accommodations necessary to provide the broadest possible
promotion of public and private interests. The Legislature further finds that where contamination
of soils or waters has occurred, remedial measures have often been delayed for long periods
while determinations as to liability and the extent of liability are made; that such delays
result in the continuation and intensification of the...
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12-21-160
Section 12-21-160 Expert witnesses. (a) Generally. If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand the evidence or to determine a fact
in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education,
may testify thereto in the form of an opinion or otherwise. (b) Scientific evidence. In addition
to requirements set forth in subsection (a), expert testimony based on a scientific theory,
principle, methodology, or procedure is only admissible if: (1) The testimony is based on
sufficient facts or data, (2) The testimony is the product of reliable principles and methods,
and (3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the Alabama
Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing with
Section 6-5-540, et seq., or any judicial interpretation...
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41-10-621
Section 41-10-621 Legislative findings and purpose. (a) The Legislature finds and declares
the following: (1) The State of Alabama has a great need from time to time to have access
to financing for economic development and industrial recruitment that does not involve improvements
to revenue-producing facilities. (2) It is desirable and in the public interest to establish
a state-level authority with the power to issue bonds for such general purposes. (3) The Alabama
Supreme Court has held, in effect, that only when the debt of a public corporation is payable
out of a new revenue source will such debt not be considered a debt of the state in contravention
of Section 213 of the Constitution of Alabama of 1901; the State of Alabama expects to receive
in the near future new revenues from the settlement of certain litigation between the state
and the tobacco industry. (4) By the passage of this division, it is the intention of the
Legislature to: a. Provide for the creation of a special...
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6-5-337
Section 6-5-337 Immunity of those involved in equine activities. (a) The Legislature recognizes
that persons who participate in equine activities may incur injuries as a result of the risks
involved in those activities. The Legislature also finds that the state and its citizens derive
numerous economic and personal benefits from equine activities. The Legislature finds, determines,
and declares that for the immediate preservation of the public peace, health, and safety,
and to encourage equine activities, this legislation is to limit the civil liability of those
involved in equine activities. (b) As used in this section, the following words shall mean
the following unless the context clearly indicates otherwise: (1) ENGAGES IN AN EQUINE ACTIVITY.
Riding, training, providing, or assisting in providing medical treatment of, driving, or being
a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant
or show management in equine activities. The term...
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34-24-140.1
Section 34-24-140.1 Board of Chiropractic Examiners - Rulemaking authority. (a) The Legislature
finds and declares all of the following: (1) A primary goal of the provision of health care
is to prioritize patient safety and wellness. (2) The board is in the best position to determine
the practice of chiropractic that prioritizes patient safety and wellness. (3) The power to
make rules regulating the practice of chiropractic includes the power to prohibit unlicensed
persons from practicing chiropractic and the power to regulate how licensed persons practice
chiropractic. (4) It is the intent of the Legislature in enacting this section to immunize
the State Board of Chiropractic Examiners and its members from liability under state and federal
anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but
may be anti-competitive when the effect on public safety and wellness is clearly demonstrated
and documented by the State Board of Chiropractic Examiners....
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34-23-92.1
Section 34-23-92.1 Legislative findings; rulemaking authority; construction of section. (a)
The Legislature finds and declares all of the following: (1) The power to make rules regulating
the practice of pharmacy includes the power to prohibit unlicensed persons from practicing
pharmacy and the power to regulate how licensed persons practice pharmacy. (2) A primary goal
of the provision of health care is to prioritize patient safety and wellness. (3) The board
is in the best position to determine the practice of pharmacy that prioritizes patient safety
and wellness. (4) It is the intent of the Legislature in enacting this section to immunize
the Board of Pharmacy and its members from liability under state and federal anti-trust laws
for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive
when the effect on public safety and wellness is clearly demonstrated and documented by the
Board of Pharmacy. (b) Subject to subsection (c), rules adopted...
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34-27-8.1
Section 34-27-8.1 Real Estate Commission - Legislative findings; rulemaking authority. (a)
The Legislature finds and declares all of the following: (1) The power to make rules regulating
the licensing of real estate brokers and salespersons includes the power to prohibit unqualified
persons from being licensed as a real estate broker or salesperson. (2) A primary goal of
the provision of real estate regulation is to prioritize consumer protection in real estate
transactions. (3) The Alabama Real Estate Commission is in the best position to determine
the real estate practices that prioritize consumer protection in real estate transactions.
(4) Prioritizing consumer protection may sometimes be at odds with the goals of state and
federal antitrust laws, which include the prioritization of competition. (5) It is the intent
of the Legislature to immunize the Alabama Real Estate Commission and its members from liability
under state and federal antitrust laws for the adoption of a rule that...
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34-11-35.1
Section 34-11-35.1 Legislative findings; rulemaking authority. (a) In addition to the powers
provided to the board by Section 34-11-35, the Legislature finds and declares all of the following:
(1) The power to adopt rules regulating the practice of engineering and land surveying in
the state includes the power to prohibit unlicensed persons from practicing engineering or
land surveying and the power to regulate how licensed persons practice. (2) The primary goal
of the provision of engineering and land surveying in the state is to prioritize health, life,
safety, welfare, and property. (3) The board is in the best position to determine the engineering
and land surveying practices that prioritize health, life, safety, welfare, and property.
(4) Prioritizing health, life, safety, welfare, and property may sometimes be at odds with
the goals of state and federal antitrust laws which include prioritizing competition and efficiency.
(5) It is the intent of the Legislature, by passage of...
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41-14A-7
Section 41-14A-7 Disciplinary actions against qualified public depositories for violations
of this chapter. (a) The board of directors shall have the authority to establish by rule
or regulation conditions and procedures under which qualified public depositories may be suspended
or disqualified and assessed administrative penalties in lieu of suspension or disqualification
for violations of this chapter or violations of the board's standards, rules, regulations,
and orders pursuant to this chapter. The State Treasurer shall have the authority to require
that qualified public depositories violating this chapter or any of the board's standards,
rules, regulations, and orders make restitution, with interest at the legal rate, for losses
of public depositors or to the Loss Payment Fund, and to issue cease and desist orders against
any qualified public depository violating or believed to be violating any provisions of this
chapter or any of the board of directors' or the State Treasurer's...
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