Code of Alabama

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37-2-16
Section 37-2-16 Penalty for discrimination. (a) If any transportation company subject to the
provisions of this chapter, or any agent or officer thereof, shall, directly or indirectly,
or by special rate, rebate, drawback or other consideration, or by means of false billing,
false classification, false weighing, false report of weights or by any device whatsoever,
charge, demand, collect or receive from any person, firm, company or corporation a greater
or less compensation for any service rendered or to be rendered by it for the transportation
of persons or property, or for any service in connection therewith, than that prescribed in
the published tariffs, or than it charges, demands, collects or receives from any other person,
firm, company or corporation for a like service, such transportation company so doing shall
be deemed guilty of unjust discrimination, which is hereby prohibited and declared unlawful,
and shall forfeit to the State of Alabama and pay into the state treasury...
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37-2-15
Section 37-2-15 Special rates. (a) The Public Service Commission, upon its own motion or upon
the written application of any transportation company, and under any rules which it may prescribe,
may permit, from time to time, such transportation company to establish any special rate or
rates for the transportation of specific commodities in carloads from specified points or
within specified zones or distances to the plants or points of destination where are located
the plants of any person, firm or corporation who is now, or may hereafter be, engaged in
any industrial or agricultural enterprise in this state, for the purpose of encouraging the
establishment or aiding in the development or continued and successful operation of such industrial
or agricultural enterprise; and any special rate or rates so established for any particular
industrial or agricultural enterprise shall apply and be given all persons, firms and corporations
engaged in the same enterprise within said zone or...
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37-2-42
Section 37-2-42 Refund of excessive charges upon submission of expense bill or receipt. Any
person, firm or corporation may submit to the commission, by mail or in person, any transportation
company expense bill or receipt, showing charges paid for transportation of any property by
freight or express for the purpose of having the same examined with respect to the correctness
of weights, rates, and charges indicated thereon. Upon receipt of any such expense bill or
receipt, the commission shall make such examination as is necessary, and if it shall be found
that any such weights, rates or charges are incorrect, the commission shall order the transportation
company in error to refund to the person, firm or corporation which submitted such expense
bills or receipts any over or excessive charges paid by such person, firm or corporation.
The commission shall impose and collect a reasonable charge for the performance of the service
required under this section. All funds received from such...
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37-2-17
Section 37-2-17 Penalty for excessive rates. (a) If any transportation company doing business
in this state or its agents or employees are guilty of making or demanding or receiving any
charge for the transportation of persons or property, or for any service pertaining to or
connected therewith, in excess of that prescribed by the Public Service Commission as by this
chapter authorized, and after due notice of such violation given to the president or managing
officer or any superintendent thereof in this state, and if ample and full recompense for
the wrong or injury thereby to any person, firm, company, or corporation shall not be made
within 60 days from the time of such notice, such transportation company shall forfeit for
each offense the sum of not less than $50.00 nor more than $1,000.00, to be fixed by the court.
(b) An action for the recovery of the penalty shall be in any circuit court in any county
in this state where such violation has occurred or wrong has been perpetrated,...
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40-19-1
Section 40-19-1 Definitions. The following words, terms and phrases, when used in this chapter,
shall have meanings ascribed to them in this section, except where the context clearly indicates
a different meaning: (1) VEHICLE TRANSPORTING PROPERTY. A straight truck with two axles, a
trailer, a truck semitrailer with three axles, and a straight truck with three axles. (2)
MOTOR CARRIER. Any person, firm, partnership, association, joint stock company, corporation,
lessee, trustee, or receiver appointed by any court controlling, operating, or managing any
motor vehicle used for the transportation of persons or property for hire. (3) DEPARTMENT.
The Department of Revenue of the State of Alabama. (4) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (5) TAXPAYER. Any person, firm, partnership, association, joint stock
company, corporation, lessee, trustee, or receiver appointed by any court liable for taxes
under this chapter. (6) PERSON. Any individual, firm,...
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37-3-2
Section 37-3-2 Definitions. The following words and phrases used in this chapter, where not
in conflict with the context, shall have the following meanings: (1) BROKER. Any person not
included in the term "motor carrier" and not a bona fide employee or agent of any
such carrier, who or which, as principal or agent, sells or offers for sale any transportation
of property other than that transported by common carriers of passengers, subject to this
chapter, or negotiates for or holds itself out by solicitation, advertisement, or otherwise
as one who sells, provides, furnishes, contracts, or arranges for the transportation. (2)
CERTIFICATE. A certificate of public convenience and necessity issued under this chapter to
common carriers by motor vehicle. (3) COMMON CARRIER BY MOTOR VEHICLE. Any person who or which
undertakes, whether directly or by a lease or other arrangement, to transport passengers or
property or any class or classes of property for the general public in the State of...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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40-23-60
Section 40-23-60 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed to them in this section: (1) PERSON or COMPANY. Any individual,
firm, company, partnership, association, corporation, receiver or trustee, or any other group
or combination acting as a unit, and the plural as well as the singular number, unless the
intention to give a more limited meaning is disclosed by the context. (2) DEPARTMENT. The
Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) WHOLESALE SALE or SALE AT WHOLESALE. Any one of the following:
a. A sale of tangible personal property by wholesaler to licensed retail merchants, jobbers,
dealers or other wholesalers for resale and does not include a sale by wholesalers to users
or consumers, not for resale. b. A sale of tangible personal property or products, including
iron ore, and including the furnished container and label of such...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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