35-1-4
Section 35-1-4 Right of access to cemetery on privately owned or leased property. (a) Owners and lessees of private land on which a cemetery, graves, or burial sites are located shall have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family members, friends, or descendants of deceased persons buried there; (2) any cemetery plot owner; and (3) any person engaged in genealogical, historical, or cultural research, who has given reasonable notice to the owner of record or to the lessees, or both. (b)(1) The right of ingress and egress granted by this section shall be reasonable and limited to the purposes of visiting graves or burial sites, maintaining the gravesite or burial site or cemetery, or conducting genealogical, historical, or cultural research, or, in the case of a plot owner, burying a deceased person in the plot. (2) The owner or lessee of the land has the right to designate the frequency, hours, and duration of the access and the access...
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24-1-61
Section 24-1-61 Definitions. The following terms, wherever used or referred to in this article shall have the following respective meaning, unless a different meaning clearly appears from the context: (1) AUTHORITY or HOUSING AUTHORITY. A public body organized as a body corporate and politic in accordance with the provisions of this article for the purposes, with the powers and subject to the restrictions set forth in this article. (2) COUNTY. All of the county except that portion which lies within the territorial boundaries of any city or incorporated town. (3) COUNTY COMMISSION. The governing body of any county. (4) HOUSING COMMISSIONER. One of the members of an authority appointed in accordance with the provisions of this article. (5) GOVERNMENT. Such term shall include the state and federal governments and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them. (6) STATE. The State of Alabama. (7) FEDERAL GOVERNMENT. Such term shall include the...
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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort action where it is proven by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff. Nothing contained in this article is to be construed as creating any claim for punitive damages which is not now present under the law of the State of Alabama. (b) As used in this article, the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive, or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal...
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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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13A-6-155
Section 13A-6-155 Mandatory restitution. (a) A person or entity convicted of any violation of this article shall be ordered to pay mandatory restitution to the victim, prosecutorial, or law enforcement entity, with the proceeds from property forfeited under Section 13A-6-156 applied first to payment of restitution. Restitution under this section shall include items covered under Article 4A, commencing with Section 15-18-65 of Chapter 18 of Title 15, and any of the following: (1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion. (2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion. (3) Cost of the investigation and prosecution, attorney's fees, and other court-related costs such as victim advocate fees. (4) The greater of a. the value of the human trafficking victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor...
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16-28B-3
Section 16-28B-3 Definitions. The following terms have the following meanings: (1) BULLYING. A continuous pattern of intentional behavior that takes place on or off of school property, on a school bus, or at a school-sponsored function including, but not limited to, cyberbullying or written, electronic, verbal, or physical acts that are reasonably perceived as being motivated by any characteristic of a student, or by the association of a student with an individual who has a particular characteristic, if the characteristic falls into one of the categories of personal characteristics contained in the model policy adopted by the department or by a local board, and implemented at each school. To constitute bullying, a pattern of behavior may do any of the following: a. Place a student in reasonable fear of harm to his or her person or damage to his or her property. b. Have the effect of substantially interfering with the educational performance, opportunities, or benefits of a student. c....
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2-25-1
Section 2-25-1 Definitions. When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or parts thereof or any processed, manufactured, or other products of plants and which may be a serious agricultural or horticultural threat in Alabama. Evidence of a plant pest shall be considered a public nuisance. (2) NOXIOUS WEED. Any living stage, including, but not limited to, seeds and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Alabama. Evidence of...
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24-1-22
Section 24-1-22 Definitions. The following terms, wherever used or referred to in this article, shall have the following respective meanings, unless a different meaning clearly appears from the context: (1) AUTHORITY or HOUSING AUTHORITY. A public body organized as a body corporate and politic in accordance with the provisions of this article for the purposes, with the powers and subject to the restrictions set forth. (2) CITY. Any city or incorporated town in the State of Alabama. (3) COUNCIL. The legislative body, council, board of commissioners or other body charged with governing the city. (4) CITY CLERK and MAYOR. The clerk, and the mayor or president of the board of commissioners, respectively, of the city or the officers thereof charged with the duties customarily imposed on the clerk and mayor respectively. (5) COMMISSIONER. One of the members of an authority appointed in accordance with the provisions of this article. (6) GOVERNMENT. Such term shall include the state and...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or death; actions for injury or death resulting from willful conduct; attorney's fees in settlements with third parties. (a) If the injury or death for which compensation is payable under Articles 3 or 4 of this chapter was caused under circumstances also creating a legal liability for damages on the part of any party other than the employer, whether or not the party is subject to this chapter, the employee, or his or her dependents in case of death, may proceed against the employer to recover compensation under this chapter or may agree with the employer upon the compensation payable under this chapter, and at the same time, may bring an action against the other party to recover damages for the injury or death, and the amount of the damages shall be ascertained and determined without regard to this chapter. If a party, other than the employer, is a workers' compensation insurance carrier of the...
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35-12-76
Section 35-12-76 Report of abandoned property. (a) A holder of property presumed abandoned shall make a report to the Treasurer concerning the property. The report shall be filed electronically and the monies remitted electronically. The Treasurer may grant an exception upon written request as established by rule. A report should contain only tangible property or intangible property. If a holder possesses both property types, two reports shall be filed. (b) The report must be verified, balanced, and must contain, at a minimum, all of the following: (1) A description of the property. (2) The date, if any, on which the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property. (3) Other information that the Treasurer by rule prescribes as necessary for the administration of this article. (4) Except with respect to a traveler's check, money order, or State of Alabama issued payment instruments, the name,...
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