Code of Alabama

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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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13A-3-28
Section 13A-3-28 Use of force in resisting arrest prohibited. A person may not use physical
force to resist a lawful arrest by a peace officer who is known or reasonably appears to be
a peace officer. (Acts 1977, No. 607, p. 812, §635.)...
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13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another person.
Factors to be considered in determining an implied threat include, but are not limited to,
the respective ages and sizes of the victim and the accused; the respective mental and physical
conditions of the victim and the accused; the atmosphere and physical setting in which the
incident was alleged to have taken place; the extent to which the accused may have been in
a position of authority, domination, or custodial control over the victim; or whether the
victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following: a. A person who suffers from a
mental or developmental disease or disability which renders the person...
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9-10B-22
Section 9-10B-22 Implementation of use restriction alternatives; conditions, limitations, or
restrictions on certificate of use. (a) Upon the designation of any area of the state as a
capacity stress area where the commission specifically finds the implementation of a use restriction
alternative is necessary because the aggregate existing or reasonably foreseeable uses of
the waters of the state in such an area exceed or will exceed the availability of such waters
and is required to protect the availability of the waters of the state within such area, the
commission shall immediately initiate rule-making procedures to consider appropriate conditions
or limitations applicable to all certificates of use within such area; provided, however,
that the commission shall not adopt or promulgate any rule or regulation with respect to any
capacity stress area without the concurrence of 13 of the members of the commission. Any such
conditions or limitations shall be confined to matters necessary...
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13A-7-8
Section 13A-7-8 Possession of burglar's tools. (a) A person commits the crime of possession
of burglar's tools if he: (1) Possesses any explosive, tool, instrument or other article adapted,
designed or commonly used for committing or facilitating the commission of an offense involving
forcible entry into premises or theft by a physical taking; and (2) Intends to use the thing
possessed in the commission of an offense of the nature described in subdivision (a) (1) of
this section. (b) Possession of burglar's tools is a Class C felony. (Acts 1977, No. 607,
p. 812, §2615.)...
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13A-3-20
Section 13A-3-20 Definitions. The following definitions are applicable to this article: (1)
BUILDING. Any structure which may be entered and utilized by persons for business, public
use, lodging, or the storage of goods, and includes any vehicle, aircraft, or watercraft used
for the lodging of persons or carrying on business therein. Each unit of a building consisting
of two or more units separately occupied or secured is a separate building. (2) DEADLY PHYSICAL
FORCE. Force which, under the circumstances in which it is used, is readily capable of causing
death or serious physical injury. (3) DWELLING. A building which is usually occupied by a
person lodging therein at night, or a building of any kind, including any attached balcony,
whether the building is temporary or permanent, mobile or immobile, which has a roof over
it, and is designed to be occupied by people lodging therein at night. (4) FORCE. Physical
action or threat against another, including confinement. (5) PREMISES. The...
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6-5-345
Section 6-5-345 Duty of care owed by possessor of real property to certain trespassers. (a)
For the purpose of this section, the following words have the following meanings: (1) POSSESSOR
OF REAL PROPERTY or POSSESSOR. The owner, lessee, renter, or other lawful occupant of real
property. (2) TRESPASSER. A person who goes upon the premises of another without permission
or invitation, expressed or implied, or who, after rightfully entering upon the premises of
another, remains on the premises after consent or license to enter or use the premises has
been terminated. (b)(1) A possessor of real property owes no duty of care to a trespasser
except to: a. Refrain from causing wanton or intentional injury, including by a trap or pitfall.
b. Exercise reasonable care to avoid causing injury to a known trespasser in a position of
peril and to use reasonable care to warn a known trespasser of dangers known by the possessor
to exist on the property. c. Exercise reasonable diligence to warn a...
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45-5-244
Section 45-5-244 Levy of tobacco tax; use of proceeds; violations. (a) The County Commission
of Blount County may levy a county privilege or excise tax on every person, firm, or corporation
that sells, delivers, uses, or otherwise consumes tobacco products in the county. Tobacco
products include cigarettes, cigars, smoking tobacco, chewing tobacco, snuff, and tobacco
paper, both gummed and ungummed, or packages thereof. The amount of the tax shall be established
by ordinance and shall not exceed ten cents ($.10) per tobacco product or package thereof.
The proceeds of any tax levied pursuant to this section shall be used exclusively for school
resource officers, drug task force officers, patrol cars, or other related equipment deemed
necessary by the county sheriff's department. (b) It shall be unlawful for any dealer, storer,
or distributor engaged in or continuing the business in Blount County for which the tax is
levied to fail or refuse to add to the sales price and collect from the...
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25-1-1
Section 25-1-1 Duties of employers, etc., with respect to provision of safe employment. (a)
Every employer shall furnish employment which shall be reasonably safe for the employees engaged
therein and shall furnish and use safety devices and safeguards and shall adopt and use methods
and processes reasonably adequate to render such employment and the places where the employment
is performed reasonably safe for his employees and others who are not trespassers, and he
shall do everything reasonably necessary to protect the life, health and safety of his employees
and others who are not trespassers. (b) Every employer and every owner of a place of employment,
place of public assembly or public building, now or hereafter constructed, shall so construct,
repair and maintain the same as to render it reasonably safe; provided, however, that nothing
contained in this section shall be construed or applied so as to impose upon any such owner
any duties to his tenant, the members of his family,...
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9-10B-23
Section 9-10B-23 Authority of Alabama Department of Environmental Management to implement and
enforce rules and regulations. (a) In the event the commission adopts or promulgates any rules
or regulations limiting or reducing the quantity of water available to a person holding a
certificate of use, the implementation and enforcement of such rules and regulations shall
be under the direction of the Alabama Department of Environmental Management. (b) The Alabama
Department of Environmental Management and the Alabama Environmental Management Commission
are hereby expressly authorized to perform the following duties and functions with respect
to the implementation and enforcement of the rules and regulations adopted by the commission:
(1) To receive copies of all reports or other documents submitted to the Office of Water Resources
by holders of certificates of use within a capacity stress area; (2) Acting through the Alabama
Department of Environmental Management, to issue an order...
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