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7-5-109
Section 7-5-109 Fraud and forgery. (a) If a presentation is made that appears on its face strictly
to comply with the terms and conditions of the letter of credit, but a required document is
forged or materially fraudulent, or honor of the presentation would facilitate a material
fraud by the beneficiary on the issuer or applicant: (1) the issuer shall honor the presentation,
if honor is demanded by (i) a nominated person who has given value in good faith and without
notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in
good faith, (iii) a holder in due course of a draft drawn under the letter of credit which
was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer's
or nominated person's deferred obligation that was taken for value and without notice of forgery
or material fraud after the obligation was incurred by the issuer or nominated person; and
(2) the issuer, acting in good faith, may honor or dishonor...
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32-6-49.7
Section 32-6-49.7 Commercial driver license required; exceptions. (a) Except when driving with
a commercial driver license learner's permit and accompanied by the holder of a commercial
driver license valid for the vehicle being driven, no person may drive a commercial motor
vehicle on the highways of this state unless the person holds, and is in immediate possession
of, a commercial driver license with applicable endorsements valid for the vehicle he or she
is driving. Active duty military or National Guard personnel operating government vehicles,
farmers operating certain commercial motor vehicles, firefighters and operators of emergency
equipment exempt from licensing provisions of the CMVSA are exempt from this article as detailed
in FHWA's "Notice of Final Disposition" published in the Federal Register, September
26, 1988, 53 FR 37313, and as hereafter updated. Commercial driver license requirements do
not apply to drivers of vehicles used for personal use such as recreational...
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13A-10-60
Section 13A-10-60 Definitions. (a) The definitions contained in Section 13A-10-1 are applicable
in this article unless the context otherwise requires. (b) The following definitions also
apply to this article: (1) BENEFIT. Any gain or advantage to the beneficiary, including any
gain or advantage to a third person pursuant to the desire or consent of the beneficiary.
(2) PECUNIARY BENEFIT. Benefit in the form of money, property, commercial interests or anything
else the primary significance of which is economic gain. Expenses associated with social occasions
afforded public servants and party officers shall not be deemed a pecuniary benefit within
the meaning of this article. (3) PUBLIC SERVANT. As used in this article, such term includes
persons who presently occupy the position of a public servant, as defined in Section 13A-10-1(7),
or have been elected, appointed or designated to become a public servant although not yet
occupying that position. (4) PARTY OFFICER. A person who holds...
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13A-12-3.8
Section 13A-12-3.8 Permit requirements; violations. (a) No person may conduct a delivery sale
of electronic nicotine delivery systems or alternative nicotine products unless the seller
has obtained a valid permit to conduct delivery sales of electronic nicotine delivery systems
or alternative nicotine products issued by the board pursuant to Section 28-11-4. (b) No person
may conduct a delivery sale of electronic nicotine delivery systems or alternative nicotine
products to a person under the legal minimum age. (c) A person holding a permit to conduct
delivery sales of electronic nicotine delivery systems or alternative nicotine products may
not accept a purchase or order from any person without first obtaining the full name, birth
date, and residential address of that person and verifying this information through an independently
operated third-party database or aggregate of databases, which includes data from government
sources, that are regularly used by government and businesses...
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19-1A-15
Section 19-1A-15 (Effective January 1, 2018) Fiduciary duty and authority. (a) The legal duties
imposed on a fiduciary charged with managing tangible property apply to the management of
digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty
of confidentiality. (b) A fiduciary's or a designated recipient's authority with respect to
a digital asset of a user: (1) except as otherwise provided in Section 19-1A-4, is subject
to the applicable terms of service; (2) is subject to other applicable law, including copyright
law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user. (c) A fiduciary with authority over the property
of a decedent, protected person, principal, or settlor has the right to access any digital
asset in which the decedent, protected person, principal, or settlor had a right or interest
and that is not held by a custodian or subject to a terms-of-service...
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20-2-72
Section 20-2-72 Prohibited acts C. (a) It is unlawful for any person: (1) To distribute as
a registrant a controlled substance classified in Schedules I or II, except pursuant to an
order form as required by Section 20-2-57; (2) To use in the course of the manufacture or
distribution of a controlled substance a registration number which is fictitious, revoked,
suspended, or issued to another person; (3) To acquire or obtain possession of a controlled
substance or a precursor chemical enumerated in Section 20-2-181 by misrepresentation, fraud,
forgery, deception, or subterfuge; (4) To furnish false or fraudulent material information
in or omit any material information from any application, report, or other document required
to be kept or filed under this chapter or any record required to be kept by this chapter;
or (5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other identifying...
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26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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37-2A-2
Section 37-2A-2 Definitions. When used in this chapter, the following words have the following
meanings: (1) BASIC TELEPHONE SERVICE. Refers to a service that, as provided by an incumbent
local exchange carrier, may be through any technology and through any affiliate or service
arrangement and includes the functionalities described in 47 C.F.R. 54.101(a). (2) BROADBAND
SERVICE or BROADBAND ENABLED SERVICE. Any service that consists of or includes a high-speed
access capability to transmit at a rate that is not less than 200 kilobits per second either
in the upstream or downstream direction, and either of the following: a. Provides computer
processing, information storage, information content or protocol conversion, including any
service applications or information service provided over such high-speed access service.
b. Is used to provide access to the Internet. (3) BUNDLED OFFERING. A combination of retail
services offered as a package, whether at a single price or with the...
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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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