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HB408
173277-3:n:03/08/2016:LLR/mfc LRS2016-256R2 HB408 By Representative McClammy RFD Judiciary
Rd 1 15-MAR-16 SYNOPSIS: Existing law does not specifically require the court in a criminal
proceeding tried before a jury to permit the defense to inform the jury of its right to judge
the facts and the application of the law in relation to the facts in controversy. This bill
would require the court in a criminal proceeding tried before a jury to permit the defense
to inform the jury of its right to judge the facts and the application of the law in relation
to the facts in controversy. This bill would require posting in each courthouse and courtroom
therein of the right of a jury to judge the facts and the application of the law in relation
to the facts in controversy. This bill would provide a criminal penalty for a violation. Amendment
621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official
Recompilation of the Constitution of Alabama of 1901, as amended,...
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HB349
the leased tangible personal property by the lessee, which right to purchase such property
shall be exercisable solely at the option of the lessee; "c. The appropriate sales or
use tax levied by the state shall have been paid with respect to the acquisition or use of
the leased tangible personal property, or, alternatively, the acquisition or use of such property
shall be exempt by law from such sales or use tax; "d. The leased tangible personal property
shall be installed in or about an industrial plant or other real property that was
specially constructed or modified for the location and use of such tangible personal property
and that is owned, or considered to be owned for either Alabama or federal income tax purposes
or both, by a corporation, partnership, or other entity controlled by, or under common control
with, the lessee of such tangible personal property; and "e. The leased tangible property
shall be used only by a lessee engaged in the iron and steel industry, and the...
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SB151
173107-4:n:02/08/2016:JMH/hh LRS2015-3468R2 SB151 By Senator Ward RFD Judiciary Rd 1 09-FEB-16
SYNOPSIS: This bill would revise the Alabama Limited Partnership Law as Chapter 9A of Title
10A of the Code of Alabama 1975. This bill would harmonize the existing limited partnership
law and the existing limited liability company law by reducing the differences between the
two laws. This bill would harmonize, to the extent possible, the various processes of formation,
filings, notice, amendment and restatement of certificates of formation, admission of limited
partners and general partners, contributions and distributions, dissociation of partners and
the effects thereof, transfers of interests, charging orders, rights of personal representatives,
dissolution and winding up, direct and derivative actions, and conversions and mergers. This
bill would continue to specify various default provisions which would apply to a partnership
agreement unless modified by the partners in the partnership...
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HB202
Rep(s). By Representative Poole HB202 ENROLLED, An Act, To adopt a revised Alabama Limited
Partnership Law as Chapter 9A of Title 10A of the Code of Alabama 1975; to provide for the
various processes of formation of a limited partnership; to provide default provisions; to
provide that certain obligations of a limited partnership may not be modified in the agreement;
to specify the information required to be included in various filings; to specify that when
both the converting entity and the converted entity are domestic entities, the statement of
conversion and the certificate of formation would be filed simultaneously with the Secretary
of State; to make various harmonizing changes to the limited liability company law; to amend
Sections 10A-1-1.03, 10A-1-1.06, 10A-1-1.08, 10A-1-4.26, 10A-1-6.02, 10A-1-6.13, 10A-1-6.25,
10A-1-7.07, 10A-5A-1.10, 10A-5A-4.01, 10A-5A-5.04, 10A-5A-7.01, 10A-5A-7.02, 10A-5A-10.03,
10A-5A-10.04, 10A-5A-10.07, and 10A-5A-10.08, Code of Alabama 1975; and to...
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HB46
172996-1:n:01/29/2016:PMG/mfc LRS2016-41 HB46 By Representative Boothe RFD Economic Development
and Tourism Rd 1 02-FEB-16 SYNOPSIS: Under existing law, a licensed manufacturer of spirits
may not sell its product directly to a consumer for off-premises consumption. This bill would
allow a licensed distillery to sell at retail up to 750 milliliters of its product per license
year to a customer for off-premises consumption. This bill would require the distillery to
keep records of sales for off-premises consumption. This bill would also specify that liquor
sold for off-premises consumption must be sealed, labelled, packaged, and taxed in accordance
with current regulations. A BILL TO BE ENTITLED AN ACT Relating to alcoholic beverages; to
amend Section 28-3A-6 of the Code of Alabama 1975; to allow a licensed distillery to sell
at retail up to 750 milliliters of its product per license year to a customer for off-premises
consumption; to require the distillery to keep records of sales for...
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SB234
173998-1:n:02/11/2016:JET*/th LRS2016-627 SB234 By Senator Orr RFD Judiciary Rd 1 16-FEB-16
SYNOPSIS: This bill would create the Alabama RICO (Racketeer Influenced and Corrupt Organizations)
Act to provide criminal penalties and other sanctions for those who engage in racketeering
activity or patterns of racketeering activity. This bill would prohibit a person, through
a pattern of racketeering activity or proceeds derived therefrom, from acquiring or maintaining,
directly or indirectly, any interest in or control of any enterprise, real property, or personal
property of any nature, including money, and would prohibit a person employed by or associated
with any enterprise to conduct or participate in, directly or indirectly, an enterprise through
a pattern of racketeering activity. This bill would allow courts to enjoin certain violations
of the act to protect the rights of innocent persons and would provide that all property of
every kind used or derived from a pattern of racketeering...
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SB292
173949-2:n:02/24/2016:LFO-HP/bdl SB292 By Senators Orr and Melson RFD Fiscal Responsibility
and Economic Development Rd 1 24-FEB-16 SYNOPSIS: Under existing law, liquor wholesale licensees
may sell liquor at wholesale to the Alabama Alcoholic Beverage Control Board or as authorized
by the board, other than to a retail licensee of the board. Under existing law, state liquor
stores operated by the Alabama Alcoholic Beverage Control Board and certain licensed private
retail stores may sell liquor at retail. Under existing law, retail licensees of the board
must purchase liquor from the board for resale. This bill would require the Alabama Alcoholic
Beverage Control Board to phase out retail sale of alcoholic beverages by the board prior
to October 1, 2021 but continue all other functions prescribed by law; require the board to
obtain the best available price for fixed assets, equipment, and property; and require the
Department of Economic and Community Affairs to provide certain technical...
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SB389
176409-1:n:04/04/2016:PMG/mfc LRS2016-1365 SB389 By Senator Sanders RFD Judiciary Rd 1 05-APR-16
SYNOPSIS: This bill would prohibit the Alabama State Law Enforcement Agency from suspending
the driver's license of an individual for failure to pay a fine, penalty, fee, or court cost
for convictions of or for failure to appear on charges arising from certain traffic violations.
A BILL TO BE ENTITLED AN ACT Relating to suspension of driver's licenses; to amend Section
32-5A-195, Code of Alabama 1975, to prohibit the Alabama State Law Enforcement Agency from
suspending the driver's license of an individual for failure to pay a fine, penalty, fee,
or court cost for convictions of or for failure to appear on charges arising from certain
traffic violations. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-5A-195,
Code of Alabama 1975, is amended to read as follows: ยง32-5A-195. "(a) The Director of
Public Safety Secretary of the Alabama State Law Enforcement Agency is hereby...
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SB345
the leased tangible personal property by the lessee, which right to purchase such property
shall be exercisable solely at the option of the lessee; "c. The appropriate sales or
use tax levied by the state shall have been paid with respect to the acquisition or use of
the leased tangible personal property, or, alternatively, the acquisition or use of such property
shall be exempt by law from such sales or use tax; "d. The leased tangible personal property
shall be installed in or about an industrial plant or other real property that was
specially constructed or modified for the location and use of such tangible personal property
and that is owned, or considered to be owned for either Alabama or federal income tax purposes
or both, by a corporation, partnership, or other entity controlled by, or under common control
with, the lessee of such tangible personal property; and "e. The leased tangible property
shall be used only by a lessee engaged in the iron and steel industry, and the...
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SB279
174395-1:n:02/22/2016:JLB/mfc LRS2016-712 SB279 By Senator Dial RFD Governmental Affairs Rd
1 23-FEB-16 SYNOPSIS: Under existing law, the State Ethics Commission may issue advisory opinions
which provide immunity to the person requesting the opinion and any other person relying on
the opinion in good faith. Existing rules of the commission authorize the director and general
counsel of the commission to issue informal opinions on the application of the Code of Ethics
to a particular individual, but an informal opinion does not provide immunity. This bill would
establish a procedure for the issuance by the director or an attorney of the commission of
written informal opinions to public officers or employees that would provide immunity to the
officer or employee making the request if all pertinent information was presented and the
officer or employee acted in accordance with the relevant circumstances, factors, and requirements
set forth in the opinion. Under existing law, an elected...
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