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39-5-3
Section 39-5-3 Actions to recover funds received under such contracts. An action shall be brought
by the Attorney General or may be brought by any interested citizen, in the name and for the
benefit of the awarding authority, to recover paid public funds from the contractor, its surety,
or any person receiving funds under any public works contract let in violation of or contrary
to this title or any other provision of law, if there is clear and convincing evidence that
the contractor, its surety, or such person knew of the violation before execution of the contract.
The action shall be commenced within three years of final settlement of the contract. (Acts
1961, No. 868, p. 1361, §2; Acts 1997, No. 97-225, p. 348, §1.)...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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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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39-5-1
Section 39-5-1 Contracts let in violation of law unenforceable; certificate of compliance;
rebuttable presumption of compliance. (a) No civil action shall be brought or maintained by
a contractor in any court in this state to require any awarding authority to pay out public
funds for work and labor done, for materials supplied, or on any account connected with performance
of a contract for public works, if the contract was let or executed in violation of or contrary
to this title or any other provision of law. (b) The awarding authority shall, prior to the
execution of final contracts and bonds, certify that the contract to be awarded is let in
compliance with this title and all other applicable provisions of law; and, only for purposes
of a civil action as referenced in subsection (a), the issuance of the certificate by the
awarding authority shall constitute a presumption that the contract was let in accordance
with the laws. The presumption may be rebutted only by a showing with...
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39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement, etc.,
of actions upon bond by persons supplying labor, etc., to contractor; offer to accept judgment;
notice of completion of project by contractor and final settlement; applicability. (a) Any
person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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16-36-64
Section 16-36-64 Statewide textbook contracts. (a) No contract shall be made pursuant to this
article for the purchase of textbooks rejected by the State Board of Education. The only contracts
entered into by the State Board of Education pursuant to this article shall be for textbooks
considered by the State Textbook Committee and adopted by the State Board of Education as
provided for in this article. (b) In addition to all other laws which forbid the use of textbooks
in the public schools of the state by authors who are members of the Communist Party or members
of communist front organizations, all contracts with publishers for textbooks made pursuant
to this article shall stipulate that the author or authors of such book or books is not a
member of the Communist Party or known advocate of communism or Marxist socialism and is not
a member of a communist front organization. (c) The maximum price at which the State Board
of Education shall contract for local boards of education to pay...
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36-25-27
Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations
period. (a)(1) Except as otherwise provided, any person subject to this chapter who intentionally
violates any provision of this chapter other than those for which a separate penalty is provided
for in this section shall, upon conviction, be guilty of a Class B felony. (2) Any person
subject to this chapter who violates any provision of this chapter other than those for which
a separate penalty is provided for in this section shall, upon conviction, be guilty of a
Class A misdemeanor. (3) Any person subject to this chapter who knowingly violates any disclosure
requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor. (4)
Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter
shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual
legal expenses incurred by the respondent against whom the...
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9-10B-5
Section 9-10B-5 Functions and duties of Office of Water Resources. The general functions and
duties of the Office of Water Resources shall be as follows: (1) To develop long-term strategic
plans for the use of the waters of the state by conducting and participating in water resource
studies and by administering the laws established by this chapter and regulations promulgated
hereunder; (2) Acting through the commission, to adopt and promulgate rules, regulations,
and standards for the purposes of this chapter, and to develop policy for the state regarding
the waters of the state; (3) To implement quantitative water resource programs and projects
for the coordination, conservation, development, management, use, and understanding of the
waters of the state; (4) To serve as a repository for data regarding the waters of the state;
(5) To, at its discretion, study, analyze, and evaluate in coordination with, or with the
assistance of, other agencies of the state, the federal government, any...
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