37-16-8
Section 37-16-8 Construction of chapter. (a) Nothing in this chapter shall interfere with the
commission's authority to regulate public utilities under this title. Nothing in this chapter
shall provide a basis for creating or granting jurisdiction to the commission over any electric
providers or any broadband affiliate that are otherwise exempt or are otherwise not subject
to the jurisdiction of the commission. (b) Nothing in this chapter shall affect, abrogate,
or eliminate in any way any obligation of an electric provider or any broadband affiliate
or broadband operator to comply with any applicable safety and permitting requirements of
any railroad company or any state governmental body or agency with respect to property that
is held or controlled by such railroad company or state governmental body or agency, as the
case may be, and in, on, over, or across which an easement is located. (c) Any broadband system
that encumbers the right-of-way of the Department of Transportation shall...
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45-31-141.02
Section 45-31-141.02 Establishment of fire protection districts. Any area situated entirely
within the county may be established as a district for fighting fires pursuant to this article.
No land lying within the boundaries of a municipality at the time a district is formed shall
be included in the district unless the municipality adopts a resolution to be included in
the district. Nothing in this article shall be construed to limit or impede the right or ability
of a municipality to provide fire protection within its corporate limits or its police jurisdiction.
(Act 2010-546, p. 958, §3.)...
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10A-5A-8.01
Section 10A-5A-8.01 Special rules for limited liability companies performing professional services.
(a) A limited liability company shall have the power to render professional services if it
complies with the rules of the licensing authority for such profession. (b) Every individual
who renders professional services as a member or as an employee of a limited liability company
shall be liable for any negligent or wrongful act or omission in which the individual personally
participates to the same extent the individual would be liable if the individual rendered
the services as a sole practitioner. (c) Except as otherwise provided in subsection (b), the
personal liability of a member of any limited liability company engaged in providing professional
services shall be governed by Section 10A-5A-3.01. (d) The personal liability of a member,
manager, or employee of a foreign limited liability company engaged in providing professional
services shall be determined under the law of the...
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11-50-241
Section 11-50-241 Construction of division; jurisdiction, etc., of State Board of Health and
state Public Service Commission. (a) Neither this division nor anything contained in this
division shall be construed as a restriction or limitation upon any power, right, or remedy
which any corporation now in existence or hereafter formed may have in the absence thereof,
but shall be construed as cumulative and independent of any such power, right or remedy. No
proceedings, notice, or approval shall be required for the incorporation of such corporation,
the acquisition of any property, or the making of any loans or issuance of instruments in
evidence thereof or as security therefor, except as prescribed in this division, any other
law to the contrary notwithstanding; provided, however, that nothing in this division shall
be construed to suspend the jurisdiction of the State Board of Health as may be otherwise
provided by law. (b) Any corporation organized under the provisions of this division...
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16-60-114
Section 16-60-114 Transfer of authority, duties, etc., for community and technical colleges
to Chancellor; construction of article. Any other law to the contrary notwithstanding, the
authority, powers, and duties prescribed in Sections 16-60-80 to 16-60-96, inclusive, relating
to the Alabama Trade School and Junior College Authority Act, are hereby transferred to the
Chancellor and expressly removed from the State Superintendent of Education. Any other law
to the contrary notwithstanding, this article shall be construed to require that all actions
of the State Board of Education concerning the community and technical colleges which previously
have required the recommendation of the State Superintendent of Education shall now require
only the recommendation of the Chancellor. This article may not be construed as removing the
State Superintendent of Education from membership on any board, commission, authority or other
agency on which the State Superintendent of Education now serves...
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40-18-378
Section 40-18-378 Verification of employment numbers; audits; return of unearned credit amounts;
liability of incentivized companies. (a) The Department of Labor shall periodically verify
the actual number of eligible employees employed at the qualifying project and the wages of
the eligible employees during the relevant year. If the Department of Labor is not able to
provide the verification utilizing all available resources, it may request any additional
information from the incentivized company as may be necessary. The Department of Revenue may
periodically audit any incentivized company to monitor compliance by the incentivized company
with this article. Nothing in this article shall be construed to limit the powers otherwise
existing for the Department of Revenue to audit and assess an incentivized company. The Department
of Insurance shall have similar audit rights over any incentivized company that is subject
to the insurance premium tax. (b) The project agreement shall include...
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41-16-77
Section 41-16-77 Violations; void contracts; opportunity to compete; relation to other laws.
(a) Any person who willfully or intentionally violates this article shall be subject to a
civil penalty of not less than five hundred dollars ($500) and not to exceed five thousand
dollars ($5,000) to be deposited into the State General Fund. (b) Any contract entered into
in violation of the provisions of this article shall be void. All persons or business entities
doing business with the State of Alabama are presumed to understand all laws and regulations
governing the purchase of goods and services by the State of Alabama. (c) All state entities
shall implement policies and procedures to ensure that the opportunity to compete for state
contracts and business is open to qualified individuals and firms representing the racial,
ethnic, and cultural diversity of the state. (d) Nothing in this article shall be construed
to repeal or supersede the enabling laws of professional licensing boards or...
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45-30-140.02
Section 45-30-140.02 Establishment of volunteer fire districts. The Franklin County Commission
may establish one or more volunteer fire districts within the geographic boundaries of the
county. No land lying within the boundaries of a municipality at the time a district is formed
shall be included in a district unless the municipality adopts a resolution to be included
in a district. Nothing in this article shall be construed to limit or impede the rights or
ability of a municipality to provide fire protection within its corporate limits or its police
jurisdiction. (Act 2015-513, 1st Sp. Sess., §3.)...
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9-17-136
Section 9-17-136 Liability of owners and operators. Whenever costs of plugging a coalbed methane
gas well shall have been incurred by the board pursuant to this article and the board shall
have authorized the expenditure of moneys from the fund pursuant to Section 9-17-135 for the
purpose of plugging a coalbed methane gas well, the operator thereof and each and every owner
of a working interest in the well bore of such well shall be jointly and severally liable
to the state for repayment of the amount of such moneys, and the board is authorized to institute
appropriate civil actions in the courts in the name of the state to recover such amounts.
Any amounts so recovered shall be paid into the fund. Further, nothing in this article shall
be construed to relieve any operator or owner of a working interest in the well bore of any
coalbed methane gas well of any liability to any third party for damages incurred because
of failure to plug any coalbed methane gas well. (Acts 1990, No....
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2-13-81
Section 2-13-81 Cooperation among state agencies. There shall be the fullest cooperation, including
the making available of information, between the state Department of Agriculture and Industries,
the State Board of Health and the Alabama Dairy Commission in the making of surveys, investigations
and inquiries for the purpose of determining whether or in what manner the production, processing
and distribution of milk, cream and milk products may affect the public health. Whenever the
findings in the report of any survey, investigation or inquiry made by the state Department
of Agriculture and Industries, the State Board of Health or the Alabama Dairy Commission show
any hazard to public health existing incident to the production, processing or distribution
of milk, cream or milk products, the State Board of Health shall take such action as may be
necessary to remove such hazard. The Commissioner of Agriculture and Industries may also take
such action as may be necessary to remove such...
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