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37-6-43
Section 37-6-43 Name of cooperative furnishing service. The name of an electric cooperative
which engages in the furnishing of telephone service may include the word "telephone"
and need not include the word "electric" if it is not engaged in the furnishing
of electrical energy. The words "telephone" and "cooperative" shall not
both be used in the name of any corporation hereafter organized under the laws of, or authorized
to transact business in, this state, except a cooperative or corporation transacting business
in this state pursuant to the provisions of this article. (Acts 1949, No. 339, p. 509, §4;
Acts 1951, No. 613, p. 1057, §1.)...
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37-6-42
Section 37-6-42 Enumerated powers. (a) Any such electric cooperative shall have power: (1)
To supply telephone service in rural areas to its members, to governmental agencies and political
subdivisions, to other persons, and to business entities not in excess of 40 percent of the
number of its members; provided that wireless communications services, including, without
limitation, services classified as of January 1, 1997, as "commercial mobile radio services"
by the Federal Communications Commission, may be provided to any person, firm, corporation,
governmental agency, or political subdivision within any area for which the electric cooperative
is authorized to provide such wireless service under federal law or regulations, without the
business entity being a member of the cooperative, regardless of whether the business entity
is in excess of 40 percent of the number of its members, and, without limiting the foregoing,
should a cooperative acquire any facilities in rural areas...
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37-6-4
Section 37-6-4 Name. The name of each cooperative primarily engaged in the distribution of
electricity or other services shall include the word "cooperative"; and the name
of each cooperative primarily engaged in generating or transmitting electricity for delivery
to an electric distributor shall include at least one of the words "electric", "power"
or "cooperative"; provided, that such limitation shall not apply if, in an affidavit
made by the president or vice president of a cooperative on file with the Secretary of State,
it shall appear that the cooperative desires to transact business in another state and is
precluded therefrom by reason of its name; and provided further, that any corporation heretofore
or hereafter organized under Chapter 7 of this title, which may be converted into a cooperative
and become subject to this chapter, as provided in Section 37-6-16, or any foreign corporation
transacting business in this state pursuant to Section 37-6-26, may, at its election,...
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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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37-4-150
Section 37-4-150 Electric transmission facilities. (a) This section shall be known and may
be cited as the Energy Security Act of 2015. (b) The Legislature hereby finds and declares
that due to the economic, financial, and service impacts associated with the development of
electric transmission facilities used for the furnishing of electric service to consumers
in this state, it is in the public interest to provide incumbent electric suppliers the right
to construct, own, operate, and maintain new transmission facilities that connect to their
own electric systems. The Legislature further finds and declares that providing incumbent
electric suppliers this right furthers their ability to satisfy their respective obligations
to provide service to Alabama consumers. This section implements these findings. (c) As used
in this section, the following words have the following meanings: (1) COMMISSION. The Alabama
Public Service Commission. (2) ELECTRIC TRANSMISSION FACILITY. Any transmission...
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39-7-1
Section 39-7-1 Definitions. When used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. A corporation
created pursuant to this chapter. (2) MUNICIPALITY. Any city or town incorporated under the
laws of the State of Alabama and the inhabitants of an area containing not less than 250 qualified
electors outside of an unincorporated city or town who shall become incorporated pursuant
to the provisions of this chapter. (3) TERRITORY. The geographical area coterminous with the
boundaries of a municipality. (4) GOVERNING BODY. The body or board, by whatsoever name it
may be known, having charge of the finances of a municipality. (5) SERVICES. Any one or more
or all of the following: water, sewerage, telephone, gas or electric heat, light, or power
services, commodities or facilities. (6) ENTERPRISE. The business, undertaking or enterprise
of furnishing services. (Acts 1935, No. 40, p. 72; Code...
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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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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) BUSINESS. All activities relating
to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons for use or
consumption in industrial processes and not primarily for human consumption. (4) 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 expense whatever,
and without any deductions on account of losses. (5) 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,...
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11-50A-1
Section 11-50A-1 Definitions. As used in this chapter, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) AUTHORITY. Alabama Municipal
Electric Authority created pursuant to this chapter and any successor or successors thereto.
(2) BOARD. The board of directors of the authority. (3) BONDS. Any bonds issued by the authority
under the provisions of this chapter, including refunding bonds. (4) BOND ANTICIPATION NOTES.
Short term obligations issued by the authority in anticipation of the issuance of bonds. (5)
COSTS. All costs of acquisition, construction, reconstruction, improvement, equipment, alteration,
repair, or extension of any project; all costs of real and personal property required for
the purposes of any project, including any rights or undivided interest therein; all costs
of easements, franchises, water rights, fees, permits, approvals, licenses, and certificates,
and all costs of securing any permits, approvals, licenses,...
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