|
45-10-20
Section 45-10-20 Regulation of liquor traffic. (a) The Legislature of Alabama is cognizant
of "Opinion of the Justices No. 376," issued April 9, 2002, which states that a
local bill for Cherokee County "purporting to allow by local law the creation of a traffic
in alcohol that does not presently exist in smaller municipalities in Cherokee County, does
not fit within the ambit of the last paragraph of Section 104 permitting the Legislature to
pass local laws regulating or prohibiting such traffic." The effect of this Opinion of
the Justices is to greatly limit situations in which local laws may be enacted regarding alcoholic
beverages. This opinion was, in part, based upon a determination that, "Generally, 'regulate'
implies the exercise of control over something that already exists." While respecting
the constitutional authority granted to the Alabama Supreme Court to interpret the Constitution
of Alabama of 1901, this body disagrees with the conclusion reached by the court concerning...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-10-20.htm - 4K - Match Info - Similar pages
45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-13-20.htm - 8K - Match Info - Similar pages
45-37-90.07
Section 45-37-90.07 Collection of fees and charges. (a) The Legislature hereby makes the following
findings: (1) Amendment 280 to the Constitution of Alabama 1901, provides that no tax levied
by the state or any municipality or county of the state shall apply to the authority, unless
such tax applies to the county and to the city where the authority is incorporated. (2) The
authority engages in various transactions at its facilities that would give rise to taxes
that would be levied by the state or any municipality or county of the state with respect
to such transactions if Amendment 280 did not exempt the authority from such taxes, such taxes
being herein referred to as transaction-related taxes. These transaction-related taxes may
include, but shall not be limited to, leasing or rental taxes, sales taxes, lodging taxes,
and taxes on the sale of alcoholic beverages or tobacco products. The Legislature intends
that the authority shall be allowed to collect a fee or charge in lieu of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-90.07.htm - 1K - Match Info - Similar pages
45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39A-50.htm - 4K - Match Info - Similar pages
22-40A-21
Section 22-40A-21 Scrap Tire Commission. (a) There is created the Scrap Tire Commission (STC)
to review the implementation of this chapter, including the scrap tire program, and recommend
changes to this chapter to the Legislature, as needed. The STC may promulgate regulations
to establish procedures for its operations. On September 1, 2003, the present monies received
under the existing Alabama Scrap Tire Study Commission (STSC) are transferred to the Scrap
Tire Fund created herein. (b) The Scrap Tire Commission shall be comprised of the following
individuals or their designees or a representative of each of the authorities listed below:
(1) The State Health Officer. (2) The Director of the Alabama Department of Environmental
Management. (3) The Alabama Department of Transportation. (4) The Association of County Commissions
of Alabama. (5) The Alabama Tire Dealers Association shall be represented by two members,
one of which shall be the president of the association. (6) The Rubber...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-40A-21.htm - 4K - Match Info - Similar pages
33-16-2
Section 33-16-2 Legislative intent; construction of chapter. The Legislature hereby makes the
findings of facts and declaration of intent hereinafter set forth in this section. The construction
of a navigable waterway between Montgomery and Gadsden and to the Alabama-Georgia boundary,
utilizing the channel of the Coosa River, would provide a new transportation route of great
importance and would stimulate the development of commerce, agriculture and industry in many
sections of the state. It is the intention of the Legislature by the passage of this chapter
to implement the provisions of Amendment No. 287 of the Constitution of Alabama. In order
to further the developments herein found to be beneficial, it is the intention of the Legislature
to authorize the formation of a public corporation for the following purposes: (1) To cooperate
with the United States, the State of Alabama, other participating states, counties and municipalities,
with all agencies, departments and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-16-2.htm - 3K - Match Info - Similar pages
35-1-6
Section 35-1-6 Limitation on certain environmental or developmental policies affecting property
rights. (a) As used in this section, "political subdivisions" means all state, county,
incorporated city, unincorporated city, public local entity, public-private partnership, and
any other public entity of the state, a county, or city. (b) The State of Alabama and all
political subdivisions may not adopt or implement policy recommendations that deliberately
or inadvertently infringe or restrict private property rights without due process, as may
be required by policy recommendations originating in, or traceable to "Agenda 21,"
adopted by the United Nations in 1992 at its Conference on Environment and Development or
any other international law or ancillary plan of action that contravenes the Constitution
of the United States or the Constitution of the State of Alabama. (c) Since the United Nations
has accredited and enlisted numerous non-governmental and inter-governmental organizations
to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-1-6.htm - 1K - Match Info - Similar pages
41-9-944
Section 41-9-944 Duties of commission. The commission shall have the following duties: (1)
Provide for the education of members of the Legislature and state agencies of Alabama about
Total Quality, including the basic concepts, potential benefits, and application to state
government, among other responsibilities. (2) Arrange Total Quality presentations for members
of the Legislature and host quality meetings between invitees from the Legislature, the executive
branch, state and local governments, private industry, or other relevant parties to discuss
the application of Total Quality to government. (3) Make and transmit to the Governor and
the Legislature findings and recommendations regarding the application of Total Quality principles
to the organization and continuous operations of state government. These findings and recommendations
shall address the continuous improvement of government operations through the promotion of
citizen satisfaction, cost-saving, employee satisfaction and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-944.htm - 2K - Match Info - Similar pages
45-35-20
Section 45-35-20 Legislative findings. The Legislature finds all of the following: (1) The
authority of the Legislature to enact local laws regulating the liquor traffic is preserved
in Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the
Official Recompilation of the Constitution of Alabama of 1901, as amended. (2) Relying on
prior judicial opinions of the federal courts, it has been clearly established that reducing
the secondary effects associated with adult entertainment businesses serves and furthers a
substantial governmental interest, particularly when the serving of alcohol is involved. (3)
Any form of nudity and sexual conduct in establishments that serve alcohol or deal in alcoholic
beverages encourages the conduct of prostitution, attempted rape, rape, murder, and assaults
on police officers in and around an establishment dealing in or permitting the consumption
of alcoholic beverages, and that actual and simulated nudity and sexual conduct...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35-20.htm - 2K - Match Info - Similar pages
25-9-9
Section 25-9-9 Certificate of competency for fire bosses and mine foremen - Board of examiners.
(a) There shall be appointed by the Governor a board of examiners, all of whom shall be citizens
of this state and hold Alabama mine foreman's certificates, consisting of the chief or the
head mine inspector, as the secretary may designate, together with three active practical
miners, three operators of coal mines, and one practicing mining engineer. The membership
of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and
economic diversity of the state. The members of this board shall be appointed by the Governor
and shall hold office for three years and until their successors are appointed and qualified,
and, as nearly as possible, two members shall be appointed one year and three the succeeding
year. No member of the board shall serve more than two consecutive terms of office. The chief
or the head mine inspector shall be ex officio chair of the board....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-9-9.htm - 2K - Match Info - Similar pages
|