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1-2A-2
Section 1-2A-2 Historical information. The Legislature finds it is appropriate to include within
this chapter general history and related information concerning the state flag. The state
did not have a flag from 1819 to January 11, 1861, when a resolution was passed designating
a flag designed by a group of Montgomery women as the "Republic of Alabama Flag."
One side of this flag displayed, under an arch bearing the words "Independent Now and
Forever," the Goddess of Liberty holding in her right hand an unsheathed sword and in
her left hand a small flag with one star. Displayed on the reverse side of this flag were
a large cotton plant in full fruit and flower, a coiled rattlesnake, and the Latin words "Noli
Me Tangere" (Touch Me Not) beneath the cotton plant. This flag, which flew for about
a month, was removed to the Governor's office on February 10, 1861, apparently suffering damage
caused by severe weather. The Republic of Alabama Flag was never flown again. From April 1865
until...
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27-4A-2
Section 27-4A-2 Definitions. For the purposes of this chapter only, the following terms, unless
the context clearly indicates otherwise, shall have the meanings: (1) ANNUITY CONSIDERATIONS.
All sums received as consideration for annuity contracts. (2) COMMISSIONER. The Commissioner
of Insurance of the State of Alabama. (3) DEPARTMENT. The Department of Insurance of the State
of Alabama. (4) DOMESTIC INSURER. Any insurer organized under the laws of the State of Alabama
which maintains its principal office and chief place of business in the State of Alabama.
(5) FOREIGN INSURER. Any insurer organized under the laws of any country or of any state of
the United States other than the State of Alabama and any insurer organized under the laws
of Alabama which maintains its principal office or chief place of business outside the State
of Alabama. (6) INSURER. Every insurer as defined in Section 27-1-2, and every other insurance
company or association charging a premium for contracts entered...
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40-21-80
Section 40-21-80 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) DEPARTMENT. The Department of Revenue
of the State of Alabama. (2) DOMESTIC WATER. All water except water that is sold to persons
for use or consumption in industrial processes and not primarily for human consumption. (3)
GROSS RECEIPTS. The value proceeding or accruing from the furnishing of utility services,
all receipts actual and accrued, without any deduction on account of the cost of the utility
services sold, the cost of the materials used, labor or service cost, interest paid, or any
other expenses whatever, and without any deductions on account of losses. (4) GROSS SALES.
The value proceeding or accruing from the furnishing of utility services, and including the
proceeds from the sale of any utility services handled on consignment by the taxpayer, without
any deduction on account of the cost of the utility services sold, the...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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22-56-4
Section 22-56-4 Rights. (a) Consumers of mental health services have the same general rights
as other citizens of Alabama. These rights include but are not limited to the following: (1)
The right to exercise rights as a citizen of the United States and the State of Alabama. (2)
The right to be served through general services available to all citizens. (3) The right to
choose to live, work, be educated, and recreate with persons who do not have disabilities.
(4) The right to be presumed competent until a court of competent jurisdiction, abiding by
statutory and constitutional provisions, determines otherwise. (5) The right to vote and otherwise
participate in the political process. (6) The right to free exercise of religion. (7) The
right to own and possess real and personal property. Nothing in this section shall affect
existing laws pertaining to conveyance of real or personal property. (8) The right to make
contracts. (9) The right to obtain a driver's license on the same basis as...
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32-7-2
Section 32-7-2 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except in those instances where
the context clearly indicates a different meaning: (1) DIRECTOR. The Director of Public Safety
of the State of Alabama. (2) JUDGMENT. Any judgment which shall have become final by expiration
without appeal of the time within which an appeal might have been perfected, or by final affirmation
on appeal rendered by a court of competent jurisdiction of any state or of the United States,
upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle,
for damages, including damages for care and loss of services, because of bodily injury to
or death of any person, or for damages because of injury to or destruction of property, including
the loss of use thereof, or upon a cause of action on an agreement of settlement for those
damages. (3) LICENSE. Any license, temporary instruction...
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33-5-51
Section 33-5-51 Operation of personal watercraft. (a) As used in this section, "personal
watercraft" means a vessel which uses an inboard motor powering a water jet pump as its
primary source of motive power and which is designed to be operated by a person sitting, standing,
or kneeling on the vessel, rather than the conventional manner of sitting or standing inside
the vessel. (b) A person may not operate a personal watercraft on the waters of this state,
as waters are defined in Section 33-5-3, unless each person operating, riding on, or being
towed by the vessel is wearing a personal flotation device approved by the United States Coast
Guard, in accordance with rules and regulations by the Commissioner of the Department of Conservation
and Natural Resources. (c) A person operating a personal watercraft on the waters of this
state that does not have self circling capability, shall have a lanyard type engine cutoff
switch and must attach the lanyard to the person, clothing, or...
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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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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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35-18-1
Section 35-18-1 Definitions. As used in this chapter, the following words have the following
meanings: (1) CONSERVATION EASEMENT. A nonpossessory interest of a holder in real property
imposing limitations or affirmative obligations the purposes of which include retaining or
protecting natural, scenic, or open-space values of real property, assuring its availability
for agricultural, silvicultural, forest, recreational, or open-space use, protecting natural
resources, maintaining or enhancing air or water quality, or preserving the historical, architectural,
archaeological, paleontological, or cultural aspects of real property. (2) HOLDER. Either
of the following to whom a conservation easement is conveyed: a. A governmental body empowered
to hold an interest in real property under the laws of this state or the United States. b.
A charitable corporation, charitable association, or charitable trust, the purposes or powers
of which include retaining or protecting the natural, scenic, or...
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