Code of Alabama

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41-16-78
Section 41-16-78 Exceptions. (a) This article shall not apply to any entity that does not receive
state funds. (b) This article shall also not apply to direct health care services provided
by the Alabama Department of Public Health. (c) This article shall not apply to any county
or municipality, or any board, public corporation, authority, public utility district, or
other entity created by any county or municipality, or to the Alabama Municipal Electric Authority
created pursuant to the provisions of Section 11-50A-1, et seq., nor shall it apply to any
local school board, the State Department of Education, or other entity covered under Section
41-16-50, et seq., except as herein provided for future support of computer technology or
any educational and eleemosynary institutions governed by a board of trustees or other similar
governing body, nor shall it apply to any statewide non-profit water and wastewater utility
association. (d) This article shall not apply to any state authority,...
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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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39-2-12
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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41-23-85
Section 41-23-85 Functions of board and division. (a) The board shall exercise authority with
respect to all matters pertaining to the acceptance and adoption, and implementation of the
Alabama Energy and Residential Codes by the State of Alabama. In so doing, the board may perform
any of the following functions: (1) Review, amend, and adopt the Alabama Energy and Residential
Codes. The board shall consider updates and changes to the codes referenced herein no less
than two years after the date of publication of the most recent version of the codes. (2)
Evaluate, assess, advise, and counsel the division and the units of local government, on residential
energy codes and the impact of those codes upon the economy and the environment. (3) Solicit
and enlist the cooperation of all appropriate private-sector and community-based organizations
to implement the purpose of this article. (4) Make recommendations to the division for the
enactment of additional legislation as it deems necessary...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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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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41-16-72
Section 41-16-72 Procurement of professional services. Any other provision of law notwithstanding,
the procurement of professional services by any agency, department, board, bureau, commission,
authority, public corporation, or instrumentality of the State of Alabama shall be conducted
through the following selection process: (1)a. Except as otherwise provided herein, attorneys
retained to represent the state in litigation shall be appointed by the Attorney General in
consultation with the Governor from a listing of attorneys maintained by the Attorney General.
All attorneys interested in representing the State of Alabama may apply and shall be included
on the listing. The selection of the attorney or law firm shall be based upon the level of
skill, experience, and expertise required in the litigation and the fees charged by the attorney
or law firm shall be taken into consideration so that the State of Alabama receives the best
representation for the funds paid. Fees shall be...
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6-5-340
Section 6-5-340 Computer failure or malfunction. (a) Whenever used in this section, the following
words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION AND AUTHORITY.
Any public or private corporation, board, or authority established pursuant to a general or
local law by state, county, or municipal government for the purpose of carrying out a specific
governmental function. (2) GOVERNMENTAL ENTITY. The state, any municipality, or any county
in the state; any department, agency, board, or commission of a municipality, a county, or
the state; any legislative or regulatory body of the state, or of any municipality or county;
any state, municipal, or county governmental corporation or authority; any state university
or community college, including any publicly funded trade or technical school; the State Board
of Education, and all county, municipal, and city-county public school boards; any state,
county, or municipal hospital boards when such boards are...
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