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40-13-80
Section 40-13-80 (Repealed effective August 1, 2019) Legislative findings. The Legislature
makes the following findings: (1) The Legislature understands the need to properly fund state
agencies in order to match federal funds for enforcement programs. (2) The Surface Mining
Commission is the delegated agency in this state authorized to enforce the federal Office
of Surface Mining (OSM) programs, with a 50 percent match required in order to access federal
funds. (3) Due to very limited General Fund monies available, along with numerous mining companies
going out of business over the last eight years which has reduced permit fees and other monies
paid to the Surface Mining Commission, there is a need for increased funding from other sources
in addition to permit fee increases. (Act 2017-369, §1.)...
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29-11-1
Section 29-11-1 Transfer of certain state funds to offset costs of services. (a) Notwithstanding
any other provision of law to the contrary, in order to provide for an increase in receipts
into the State General Fund for the funding of the operations of state government, there is
hereby established the authority to transfer from the following state departments state funds
in those amounts as are annually specified in the State General Fund appropriations act beginning
with the fiscal year ending September 30, 2014, and each fiscal year thereafter. Such transfers
shall be for the purpose of providing funds to help offset the costs of state services provided
to the several departments by state entities which are supported by appropriations from the
State General Fund: (1) Alabama Alcoholic Beverage Control Board. (2) Department of Conservation
and Natural Resources. (3) Department of Environmental Management. (4) Department of Finance.
(5) Department of Insurance. (6) Department of...
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9-16-1.1
Section 9-16-1.1 Legislative findings. (a) The Alabama Legislature has found and determined
the following: (1) A 1991 United States Department of the Interior audit report warned that
the Non-Fuel Minerals Mining Law of Alabama is outdated and that mine operators are deliberately
laying waste to mined land rather than restoring it. (2) The standards for coal mining reclamation
have improved dramatically over the last 25 years. (3) The citizens of Alabama are endangered
by unreclaimed highwalls, water impoundments, and open pits. (b) In view of these findings,
the Legislature deems it necessary to deny the issuance of surface mine permits to operators
who have demonstrated a pattern of willfully violating the mining law, and to improve environmental
controls by requiring that highwalls be backfilled after mining. (Act 99-579, p. 1307, §1.)...
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25-4-92
Section 25-4-92 Appeals tribunals - Appointment; procedure; when decisions final. (a) To hear
and decide disputed claims and other due process cases involving a division of the Department
of Labor, the secretary shall appoint one or more impartial appeals tribunals, consisting
in each instance of an officer or an employee of the Department of Labor. The appeals tribunals
shall be a separate division reporting to the secretary and shall be separate and apart from
the direction and control of other divisions of the Department of Labor. No person shall participate
in the hearing or disposition of any claim upon appeal thereof as an appeals tribunal, if
he has an interest therein. At any such hearing all testimony shall be taken down, but need
not be transcribed unless an appeal is applied for or taken. (b) The manner in which disputed
claims before appeals tribunals shall be presented and the conduct of hearings and appeals
before appeals tribunals shall be in accordance with regulations...
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40-13-82
Section 40-13-82 (Repealed effective August 1, 2019) Levy and collection of tax; disposition
of funds; penalties. (a) There is levied an additional excise and privilege tax on every person
severing coal or lignite in this state in the amount of two and one-half cents ($0.025) per
ton of coal or lignite severed by underground mining, and five cents ($0.05) per ton of coal
or lignite severed by surface mining, except the maximum tonnage on which the severance tax
is levied against a person and a person's affiliates shall not in the aggregate exceed two
million tons per year. (b) The tax levied by this section shall be collected by the State
Department of Revenue and shall be deposited in a special fund in the State Treasury to be
used exclusively for the operation of the Surface Mining Commission. Monies in the fund are
continuously appropriated to the commission and no money in the fund shall revert to the State
Treasury at the end of a fiscal year. (c) Any person who fails to comply...
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22-22A-6
Section 22-22A-6 Environmental Management Commission; powers and duties; composition; meetings;
compensation; expenses; ethical requirements. (a) There is hereby created a seven member Environmental
Management Commission of the Alabama Department of Environmental Management which shall have
the following duties: (1) To select a director for the Department of Environmental Management
and to advise the director on environmental matters which are within the department's scope
of authority; (2) To establish, adopt, promulgate, modify, repeal, and suspend any rules,
regulations, or environmental standards for the department which may be applicable to the
state as a whole or any of its geographical parts; (3) To develop environmental policy for
the state; and (4) To hear and determine appeals of administrative actions. (b) The Environmental
Management Commission shall be composed of seven members who are citizens of the State of
Alabama. Initial members of the commission shall be appointed...
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25-9-65
Section 25-9-65 Rescue crews - Training and employment; wages and workers' compensation benefits.
Said chief is hereby authorized to have trained and employed at the rescue stations operated
by said division within the state, rescue crews as he may determine necessary. Each member
of such crews shall devote at least four hours each month, or eight hours bimonthly, for training
purposes and shall be available at all times to assist in rescue work. Regular crew members
shall receive for such services the highest prevailing hourly wage rate in the industry and
shall receive the same per diem and expenses as provided to state employees. Workers' compensation
benefits as prescribed by Alabama workers' compensation laws shall be provided for all employees
engaged in carrying out the mandates of this section and coal mining laws of the State of
Alabama. Sufficient funds shall be appropriated to carry out the provisions of this section,
Section 25-9-64 and Sections 25-9-66 through 25-9-70....
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40-7-46
Section 40-7-46 Appeals - Notice. Any taxpayer desiring to appeal under Section 40-7-45 shall
file with the officer, board, or commission, or some member thereof, a notice in writing that
he appeals to the circuit court, together with a bond in the sum of $100, with at least one
solvent surety, payable to the State of Alabama, conditioned to prosecute such appeal to effect
and, upon failure so to do, to pay all costs and damages which may be adjudged against him
by the circuit court on such appeal; the bond to be approved by the probate judge or circuit
clerk of the county. (Code 1923, §6097; Code 1940, T. 51, §75.)...
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41-20-3
Section 41-20-3 Specification of termination dates for certain agencies; date and procedure
generally for termination of agencies not designated; committee's right to review and make
recommendations. (a) The following agencies shall automatically terminate on the dates specified,
unless a bill is passed that they be continued, modified or reestablished: (1) October 1,
1981 shall be the termination date for: a. State Board of Auctioneers - created by Section
34-4-50. b. Alabama Board of Cosmetology - created by Section 34-7-40. c. Examining Board
for Professional Entomologists, Horticulturists, Plant Pathologists, Floriculturists and Tree
Surgeons - created by Section 2-28-2. d. Alabama Board of Funeral Service - created by Section
34-13-20. e. State Pilotage Commission - created by Section 33-4-1. f. Polygraphic Examiners
Board - created by Section 34-25-4. g. Alabama Board of Examiners for Speech Pathology and
Audiology - created by Section 34-28A-40. h. State Board of Veterinary...
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36-30-2
Section 36-30-2 Deaths deemed compensable; compensation for total disability; amount of compensation.
(a) In the event a peace officer, a firefighter, a volunteer firefighter who is a member of
an organized volunteer fire department registered with the Alabama Forestry Commission, or
a rescue squad member is killed, either accidentally or deliberately, or dies as a result
of injuries received while engaged in the performance of his or her duties, or dies as a direct
and proximate result of a heart attack or stroke, his or her beneficiaries or dependents shall
be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be
paid from the State Treasury as provided in Section 36-30-3, unless such death was caused
by the willful misconduct of the officer, firefighter, or rescue squad member or was due to
his or her own intoxication or his or her willful failure or refusal to use safety appliances
provided by his or her employer or his or her willful refusal or...
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