Code of Alabama - Title 41: State Government - Chapter 9 - Boards and Commissions
- Article 1 General Provisions.
- Article 2 Art Commission.
- Section 41-9-20 Creation
There shall be a commission to be known as the Art Commission.
- Section 41-9-21 Composition; qualifications, appointment, term of office and compensation of members
The commission shall consist of the Governor, the Superintendent of Education, the Director of Transportation, the Director of the Department of Archives and History, all...
- Section 41-9-22 Officers and employees; meetings; offices, books, etc.; powers and duties generally
(a) The commission may receive donations and contributions to carry on its work. It may establish and maintain permanent offices and rooms. It may elect...
- Section 41-9-23 Annual report to Governor; issuance, etc., of publications
The commission may make an annual report to the Governor and may issue such other publications as are necessary to better develop its activities, all...
- Article 3 Council on the Arts.
- Section 41-9-40 Legislative findings; declaration of public policy
(a) It is hereby found that many of our citizens lack the opportunity to view, enjoy or participate in living theatrical performances, musical concerts, operas,...
- Section 41-9-41 Establishment; composition; qualifications and appointment of members
There is hereby established a state commission to be known as the Alabama State Council on the Arts, to consist of 15 members, broadly representative...
- Section 41-9-42 Terms of office of members; officers generally; filling of vacancies; compensation of members
The term of office of each member shall be six years; provided, however, that of the members first appointed, five shall be appointed for terms...
- Section 41-9-43 Executive director, consultants, advisors, etc
The chairman, with the approval of the council, may employ an executive director and such additional personnel as may be necessary to accomplish the purpose...
- Section 41-9-44 Powers of council generally; liability upon debts or obligations incurred by council
(a) The council is hereby authorized and empowered: (1) To hold public and private hearings; (2) To enter into contracts, within the limits of funds...
- Section 41-9-45 Duties of council generally
The duties of the council shall be: (1) To stimulate and encourage throughout the state the study and presentation of the performing and fine arts...
- Section 41-9-46 Council designated official agency to receive and disburse funds from National Foundation on the Arts and Humanities; request and receipt of assistance and data from departments, agencies, etc., of state
(a) The council shall be the official agency of this state to receive and disburse any funds made available by the National Foundation on the...
- Section 41-9-47 Reports to Governor and Legislature
The council shall make an interim report to the Governor and the Legislature not later than the thirtieth legislative day of the 1967 Regular Session...
- Article 4 Board of Adjustment.
- Division 1 General Provisions.
- Section 41-9-60 Purpose of division
The purpose of this division is to provide a method of payment by the State of Alabama or any of its agencies, commissions, boards, institutions...
- Section 41-9-61 Creation; composition; officers; Attorney General to attend meetings of board, etc.; quarters, etc.; quorum; board may take views, conduct interviews, etc.; board to supervise, etc., preparation, etc., of records of cases
There shall be a Board of Adjustment to be composed of the Director of Finance, the State Treasurer, the Secretary of State and the State...
- Section 41-9-62 Claims within jurisdiction of board generally; employees of municipalities, counties, etc., not within jurisdiction of board, etc
(a) The Board of Adjustment shall have the power and jurisdiction and it shall be its duty to hear and consider: (1) All claims for...
- Section 41-9-63 Claimant may prosecute claim in person or by counsel or agent
A claimant shall have the right to file and prosecute his claim before the board in person or by counsel or agent of his own...
- Section 41-9-64 Claims for death to be made by personal representative; distribution of proceeds of claim
Claims for death shall be made by the personal representative, who shall distribute the proceeds of the claim in the same manner as is provided...
- Section 41-9-65 Limitation periods for presentation of claims
(a) Unless otherwise provided in this section, all claims must be presented to the Board of Adjustment within one year after the cause of action...
- Section 41-9-66 Board may prescribe forms and adopt rules of evidence and procedure
The Board of Adjustment may prescribe such forms and adopt such rules of evidence and procedure as it may deem necessary or proper, not inconsistent...
- Section 41-9-67 Powers, etc., of board as to requirement of production of documents, etc., generally; employment of clerical, etc., help for investigation of claims, etc
(a) The Board of Adjustment shall have the power and it shall be its duty when any claim or claims for damages provided for in...
- Section 41-9-68 Determination of amount of injury or damage and entry of award for payment of damages generally
(a) When claims are properly prepared and presented to the Board of Adjustment and, after ascertaining the facts in the case, it is directed to...
- Section 41-9-69 Determination of agency, commission, etc., of state inflicting injury or damage and entry of award for payment of damages out of funds appropriated thereto
The Board of Adjustment in its findings of facts and its findings and awards as to the amount of payment may also find the agency,...
- Section 41-9-70 Limitation on amount of award for personal injury or death
The Board of Adjustment shall not fix a greater amount to be paid on any claim for death or personal injuries than the limits fixed...
- Section 41-9-71 Secretary of board to prepare, etc., history of cases, etc., and deliver to certain agencies, etc., certified copy of findings and awards of board; Comptroller to draw warrant in favor of persons, etc., found entitled to damages, etc
The secretary of the Board of Adjustment shall make a record of and file in the office of the Secretary of State a history of...
- Section 41-9-72 Payment by Treasurer of warrants drawn pursuant to findings and awards of board
The Treasurer of the State of Alabama is authorized and directed to pay the warrants of the Comptroller, drawn pursuant to the findings and awards...
- Section 41-9-73 Appropriations for payment of awards, etc
There is hereby appropriated annually out of the General Fund of the State of Alabama, the State Insurance Fund, the fund of the Department of...
- Section 41-9-74 Board to pay judgments against Board of Corrections officials; limitations, exceptions, etc
(a) As part of the consideration of the employment or appointment of the Commissioner of the Board of Corrections, deputy commissioners of the Board of...
- Division 2 Escrow Accounts for Benefit of Crime Victims.
- Section 41-9-80 Entity contracting with convicted felon to pay money to board; felony upon failure to pay; escrow account for crime victim who recovers judgment against felon
Repealed by Act 2019-538, § 1, effective June 10, 2019.
- Section 41-9-81 List of criminals to probate judge; board to notify victims of escrow money
Repealed by Act 2019-538, § 1, effective June 10, 2019.
- Section 41-9-82 Escrow money to revert to state after five years
Repealed by Act 2019-538, § 1, effective June 10, 2019.
- Section 41-9-83 Limitation begins running when escrow account established
Repealed by Act 2019-538, § 1, effective June 10, 2019.
- Section 41-9-84 Action to defeat division purpose null and void
Repealed by Act 2019-538, § 1, effective June 10, 2019.
- Division 2A
- Section 41-9-85 Short title
This division shall be known and may be cited as Lisa's Law.
- Section 41-9-85.1 Definitions
As used in this division, the following terms shall have the following meanings: (1) CONVICTED INDIVIDUAL. An individual convicted of a specified crime or a...
- Section 41-9-85.2 Notice to Securities Commission of payment, etc., of profits from a crime
(a) A person that knowingly contracts for, pays for, or agrees to pay to a convicted individual profits from the crime or to the representative...
- Section 41-9-85.3 Civil action by victim of crime - Restitution or money damages
(a) Notwithstanding any other provision of law to the contrary, a victim of a crime may bring a civil action in a court of competent...
- Section 41-9-85.4 Civil action by victim of crime - Notice to Securities Commission
Upon filing an action pursuant to subsection (a) of Section 41-9-85.3, the victim of a crime shall give notice to the Securities Commission of the...
- Section 41-9-85.5 Provisional remedies
(a) The Securities Commission, acting on behalf of a victim of a crime, may apply for any and all provisional remedies that are also otherwise...
- Section 41-9-85.6 Failure to provide notice; penalties; costs and expenses of Securities Commission
(a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-85.2, the Securities Commission, after notice and hearing pursuant to...
- Section 41-9-85.7 Powers of Securities Commission under this division
(a) The Securities Commission, or any person designated by the Securities Commission, may do any of the following: (1) Make public or private investigations, within...
- Section 41-9-85.8 Implementation and administration of this division
The Securities Commission may retain any person or entity as required to implement and administer this division.
- Article 5 State Athletic Commission.
- Division 1 General Provisions.
- Division 2 Regulation of Boxing, Sparring and Wrestling Matches and Exhibitions.
- Article 6 Building Commission and Building Code.
- Division 1 Building Commission.
- Division 2 Minimum Building Standards Code.
- Section 41-9-160 Definitions
When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) STATE BUILDING...
- Section 41-9-161 Promulgation, distribution and enforcement of code of minimum building standards by commission generally
For the further protection of the people of Alabama, the Building Commission is authorized and directed hereby to promulgate and to enforce a code of...
- Section 41-9-162 Applicability of building code
(a) The code of minimum building standards promulgated and enforced by the Building Commission shall be applicable only to all state buildings and construction, schoolhouses,...
- Section 41-9-163 Requirements of building code; erection or acquisition of state building or construction or public schoolhouse not conforming to code; operation of private school, hotel, etc., not conforming to code
(a) The requirements of the building code shall be such that the safety, health, general welfare and morals of the people of Alabama thereby will...
- Section 41-9-164 Changes in building code
The Building Commission is authorized and directed to make such changes in the code from time to time as seem advisable in the best interest...
- Section 41-9-165 Enforcement of building code
The Building Commission is empowered to provide adequate inspection service to insure compliance with the building code. Other agencies and instrumentalities of the state government...
- Section 41-9-166 Adoption, etc., of building codes by municipalities and counties
Any municipality in the State of Alabama may adopt any model building code published by the Southern Building Code Congress International and the National Electrical...
- Division 3 Energy Conservation Building Code.
- Article 7 State Industrial Development Board.
- Article 7A Alabama Industrial Development Advisory Board.
- Section 41-9-185 Board established; officers; members; appointment; term; oath; removal; expenses; seal; meetings; quorum; rules and regulations
(a) There is hereby created and established the Alabama Industrial Development Advisory Board. The Alabama Industrial Development Advisory Board shall consist of nine members at-large...
- Section 41-9-186 Duties
It shall be the duty of the said board to consult with the Governor and the Director of the Alabama Development Office, to advise the...
- Section 41-9-187 Transfer of powers, functions, etc., of industrial development board
On May 28, 1980, all powers, duties, functions and authority invested in the State Industrial Development Board, including those in Section 41-9-183, shall be continued,...
- Section 41-9-188 Cooperation of Director of State Bureau of Tourism and Travel
The authority of the State Bureau of Tourism and Travel to plan and conduct all state programs of information and publicity designed to attract tourists...
- Article 7B Recycling Industry and Market Development Council.
- Article 8 Department of Commerce.
- Section 41-9-200 Legislative findings; purpose of article
(a) The Legislature finds and declares that: (1) The people of this state have a fundamental interest in the orderly development of the state and...
- Section 41-9-201 Creation; composition; support
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-1.
- Section 41-9-202 Powers, duties, and functions of Department of Commerce
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-2.
- Section 41-9-202.1 Project notification; applications
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-3.
- Section 41-9-203 Advisory committees or councils
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-4.
- Section 41-9-204 Consolidation and transfer of certain appropriations
Repealed by Act 2015-450 effective June 11, 2015.
- Article 8A Office of State Planning and Federal Programs.
- Section 41-9-205 Definitions
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) A-95. The process of...
- Section 41-9-206 Powers, duties, etc., of Alabama Development Office retained except as to federal programs, etc
It specifically is the legislative intent to maintain and retain all of the powers, duties, responsibilities, personnel, property and assets of whatsoever nature, not involved...
- Section 41-9-207 Legislative findings and declarations; purpose of article; agencies; duties and goals
(a) The Legislature finds and declares that: (1) The people of this state have a fundamental interest in the orderly development of the state and...
- Section 41-9-208 Office created; director; salary; comprehensive planning encouraged; other agencies to aid office
(a) There is hereby created the Office of State Planning and Federal Programs within the office of the Governor and directly under his supervision and...
- Section 41-9-209 Advisory committees or councils authorized; membership; expenses; chairman; meetings
The Governor, in carrying out his responsibilities under this article, may establish advisory committees or councils and appoint the members thereto, which members shall serve...
- Section 41-9-210 Office to succeed to Alabama Development Office as federal programs; purpose, responsibilities, etc
The Office of State Planning and Federal Programs shall be the principal staff agency of the executive branch to plan with the other departments of...
- Section 41-9-211 Powers and duties of office
(a) The powers and duties of the Office of State Planning and Federal Programs shall be as follows: (1) To develop a comprehensive state plan,...
- Section 41-9-212 Transfer of appropriations
All parts of the state appropriation and any funds from federal sources made prior to May 28, 1980, to the Alabama Development Office for the...
- Section 41-9-213 Director to employ one unclassified employee; employees of community services administration placed in classified service; limitation upon employees' salaries
The Director of the Office of State Planning and Federal Programs is authorized to employ one person in the unclassified service; without participation in the...
- Section 41-9-214 Article not to apply to Law Enforcement Planning Agency or Criminal Justice Information Center
The provisions of this article shall not apply to the Alabama Law Enforcement Planning Agency and the Alabama Criminal Justice Information Center.
- Article 8B State Economic Development Funds Committment; Parties Required to Enter Written Contract within Specified Time.
- Article 8C Alabama New Markets Development Act.
- Section 41-9-216 Applicability of article
This article shall only apply to those areas within the State of Alabama which qualify as a "low income community" pursuant to Section 45D of...
- Section 41-9-217 Short title
This article shall be known as the Alabama New Markets Development Act.
- Section 41-9-218 Definitions
As used in this article, the following terms shall have the following meanings: (1) APPLICABLE PERCENTAGE. Zero percent for the first credit allowance date, 8.33...
- Section 41-9-219 Tax credit for qualified equity investment
The purchaser of the qualified equity investment, or subsequent holder of the qualified equity investment, earns a vested right to a tax credit and shall...
- Section 41-9-219.1 Allocation of tax credits
Tax credits claimed under this article shall not be saleable or transferable. Tax credits earned by a partnership, limited liability company, S corporation, or other...
- Section 41-9-219.2 Limitation on certifications
Once the department has certified a cumulative amount of qualified equity investments that can result in the utilization of twenty million dollars ($20,000,000) of tax...
- Section 41-9-219.3 Application for designation as a qualified equity investment
(a) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and eligible...
- Section 41-9-219.4 Recapture of tax credit; notice
(a) The Department of Revenue shall recapture, from the taxpayer that claimed or is entitled to claim the credit on a return, the tax credit...
- Section 41-9-219.5 Report
(a) On or before the 30th day prior to the third and sixth anniversaries of the issuance of each qualified equity investment, the issuer of...
- Section 41-9-219-6 Examinations; rules; appraisal
(a) The department may conduct examinations to verify that the tax credits under this article have been received and applied according to the requirements of...
- Section 41-9-219.7 Exceptions
Notwithstanding the foregoing, no landfill or dump, regardless of nature, toxic substance, trash, waste, household, chemical, or otherwise, shall qualify for any tax credit permitted...
- Article 9 Memorial Boards.
- Article 9A Alabama Memorial Preservation Act
- Section 41-9-230 Short title
This article shall be known and may be cited as the Alabama Memorial Preservation Act of 2017.
- Section 41-9-231
For the purposes of this article, the following terms shall have the following meanings: (1) ARCHITECTURALLY SIGNIFICANT BUILDING. A building located on public property that...
- Section 41-9-232 Limitations on relocation, removal, alteration, etc., of certain architecturally significant buildings, memorials, monuments, etc
(a) No architecturally significant building, memorial building, memorial street, or monument which is located on public property and has been so situated for 40 or...
- Section 41-9-233
No person may prevent the governmental entity having responsibility for maintaining any architecturally significant building, memorial building, memorial school, memorial street, or monument from taking...
- Section 41-9-234 Committee on Alabama Monument Protection
(a) There is created the Committee on Alabama Monument Protection. (b) The legislative members of the committee shall be appointed and reappointed at the beginning...
- Section 41-9-235
(a)(1) Any entity exercising control of public property on which an architecturally significant building, memorial building, memorial school, memorial street, or monument is located may...
- Section 41-9-236 Exceptions
This article does not apply to any of the following: (1) Art and artifacts in the collections of museums, archives, and libraries. (2) Any architecturally...
- Section 41-9-237 Rulemaking authority
The Committee on Alabama Monument Protection, pursuant to the Alabama Administrative Procedure Act, shall adopt rules as necessary to provide for the implementation of this...
- Article 10 Historical Commissions.
- Division 1 Alabama Historical Commission.
- Section 41-9-240 Legislative findings; purpose of division; creation of commission
The historical heritage of the State of Alabama is among its most valued and important assets, and the preservation of historic sites, buildings and objects...
- Section 41-9-241 Commission a public body corporate
The commission, as an agency of the State of Alabama, constitutes a public body corporate and shall have, in addition to those set forth specifically...
- Section 41-9-242 Purpose of commission
The purpose of the Alabama Historical Commission, hereinafter referred to as the commission, shall be to acquire in its own name or in the name...
- Section 41-9-243 Composition of commission
The commission shall consist of 21 members, one of whom shall be the Governor, one of whom shall be the Lieutenant Governor, one of whom...
- Section 41-9-244 Members to serve without pay; expenses
No member of the commission shall receive any pay or emolument other than his expenses incurred in the discharge of his duties as a member...
- Section 41-9-245 Meetings generally; quorum; organization and procedure; officers
The commission shall hold an annual meeting at the Capitol building in Montgomery, and eight members of the commission shall constitute a quorum for the...
- Section 41-9-246 Board of advisors
(a) There is hereby established a Board of Advisors to the Alabama Historical Commission. Said board of advisors shall consist of no less than 15...
- Section 41-9-247 Executive director
The commission may employ an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly to the commission...
- Section 41-9-248 Employees
The commission may employ either on a part-time or full-time basis such advisors, archaeologists, architects, engineers, attorneys, real estate appraisers, laborers, artisans, historians, caretakers, guides,...
- Section 41-9-249 Powers and duties of commission generally
The commission shall have the following duties and powers: (1) To promote and increase knowledge and understanding of the history of this state from the...
- Section 41-9-249.1 Contracts for recovery or salvage of archaeological treasure, etc
(a) Notwithstanding any provision of law to the contrary, the Alabama Historical Commission may enter into contracts with any group or person for the recovery...
- Section 41-9-250 Preservation, operation, etc., of certain historical properties and sites by commission
(a) The following historic properties and sites shall be under the jurisdiction and control of the Alabama Historical Commission: (1) Fort Mims, Stockton, Baldwin County;...
- Section 41-9-251 Cahawba Historical Site - Preservation, operation, etc
The Cahawba Historical Site, a property on the National Register of Historic Places, Dallas County, Alabama, shall be under the jurisdiction and control of the...
- Section 41-9-252 Cahawba Historical Site - Advisory committee
(a)(1) There is established an advisory committee to be known as the Cahawba Advisory Committee, composed of 16 members, 15 of whom shall be appointed...
- Section 41-9-253 Cahawba Historical Site - Powers of commission; payment of expenses
The Alabama Historical Commission may acquire title, possession, or control of such properties and also of objects of historic interest at the Cahawba Historical Site...
- Section 41-9-254 Acquisition, operation, etc., of libraries or museums by commission; commission not to engage in publishing or printing of historical quarterlies
The commission shall not accept, acquire, operate or maintain libraries or museums, except when the same are an integral part of one of the properties...
- Section 41-9-255 Alabama State Historic Preservation Fund
There is hereby established in the State Treasury a fund to be known as the "Alabama State Historic Preservation Fund" into which shall be deposited...
- Section 41-9-256 Exemption from taxation of commission and properties, income, etc., thereof
The commission, as an agency of the State of Alabama, shall constitute a nonprofit governmental agency and shall have a tax-exempt status, and the properties...
- Section 41-9-257 Council on Historic Pilgrimages - Created; purpose
There is hereby created the Alabama Council on Historic Pilgrimages, the same to be established under the auspices of the Alabama Historical Commission, said council...
- Section 41-9-258 Council on Historic Pilgrimages - Composition
The Council on Historic Pilgrimages shall consist of seven individual members, one being appointed from each of the six districts of the state as the...
- Section 41-9-259 Council on Historic Pilgrimages - Appointment and terms of members; duties
(a) The individual members of the Council on Historic Pilgrimages who represent the six above described districts shall each be appointed, initially, by the Alabama...
- Section 41-9-260 Transfer to commission of certain parts of Fort Morgan Military Reservation, etc.; development, restoration, etc., thereof by commission; operation of portion of reservation retained by Department of Conservation and Natural Resources
All of that part of the Fort Morgan Military Reservation lying within the Fort Morgan Military Reservation conveyed from the United States of America to...
- Section 41-9-261 Designation of commission as agency responsible for restoration and preservation of State Capitol; powers and duties
(a) The primary restoration, planning and preservation responsibility for the State Capitol of Alabama and its contiguous historic grounds, designated by the United States government...
- Section 41-9-262 Fort Tombeckbee Historical Advisory Board
(a) An advisory board to be known as the Fort Tombeckbee Historical Advisory Board is hereby authorized to be appointed by the Governor for the...
- Section 41-9-263 Sunset provision
The Alabama Historical Commission is subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency pursuant to Section 41-20-3, and shall...
- Division 2 LaGrange Historical Commission.
- Division 3 Fort Morgan Historical Commission.
- Division 3A Underwater Cultural Resources.
- Section 41-9-290 Short title
This division shall be known as and may be cited as the "Alabama Underwater Cultural Resources Act."
- Section 41-9-291 Definitions
As used in this division, the following terms shall have the following meanings: (1) COMMISSION. The Alabama Historical Commission, acting as the custodian of cultural...
- Section 41-9-292 Use of state cultural resources
(a) All cultural resources as defined herein are declared to be state cultural resources subject to the exclusive dominion and control of the State of...
- Section 41-9-293 Management plan; rules and regulations
(a) The commission, in coordination with the Department of Conservation and Natural Resources, shall develop and implement a management plan for cultural resources. The commission...
- Section 41-9-294 Permit etc., for exploration or excavation
(a) Any qualified individual, company, corporation, or public institution desiring to conduct any type of exploration or excavation of cultural resources shall first make application...
- Section 41-9-295 Commercial fishing restrictions
The commission may restrict, when necessary, as determined in writing in the sole discretion of the Commissioner of Conservation and Natural Resources, the activities of...
- Section 41-9-296 Distribution of funds
(a) Any funds received by the commission under the terms and conditions of permits or contracts made pursuant to this division shall be placed in...
- Section 41-9-297 Theft or disturbance of a cultural resource
(a) A person commits the crime of theft or disturbance of a cultural resource protected by the commission if the person does either of the...
- Section 41-9-298 Seizure of equipment, etc
In all cases of arrest and conviction under Section 41-9-297, all boats, instruments, and other equipment used directly in connection with the offenses are declared...
- Section 41-9-299 Enforcement of division
All law enforcement agencies and officers, state and local, shall assist the commission in the enforcement of this division.
- Section 41-9-299.1 Exceptions
(a) Notwithstanding any other provisions of this division to the contrary, no contract with or permit from or fee paid to the commission shall be...
- Section 41-9-299.2 Construction of division
This division shall be construed in pari materia with Section 41-9-249.1.
- Division 4 Historic Chattahoochee Commission.
- Division 5 Tannehill Furnace and Foundry Commission.
- Section 41-9-320 Creation; purpose
(a) There is hereby created the Tannehill Furnace and Foundry Commission to establish, operate and maintain as a state park or historic site the land...
- Section 41-9-321 Composition; appointment and terms of office of members; vacancies
The commission shall be composed of 18 members, one of whom shall be appointed by the Board of Trustees of the University of Alabama, one...
- Section 41-9-322 Members not to receive pay, etc.; payment of expenses of members; conflicts of interest of members or employees of commission
No member of the commission shall receive any pay or emolument other than his expenses incurred in the discharge of his duties as a member...
- Section 41-9-323 Meetings generally; quorum; organization and procedure; seal; officers; requirement of bond from treasurer
Ten members of the commission shall constitute a quorum for the transaction of business. Additional meetings may be held at such times and places within...
- Section 41-9-324 Commission a body corporate
The commission shall constitute a body corporate and shall have, in addition to those set forth specifically in this division, all powers necessary or convenient...
- Section 41-9-325 Commission a state agency; commission to have exclusive control over Tannehill Furnace and Foundry; rule making and police power
The commission shall be a state agency and shall have exclusive control over the Tannehill Furnace and Foundry and the area appurtenant thereto, the memorial...
- Section 41-9-326 Acquisition of property; borrowing of money and issuance of revenue bonds
(a) The commission is authorized to take possession under a lease or a deed of the land and other property in the County of Tuscaloosa,...
- Section 41-9-327 Operation, etc., of park or historic site; entry into agreements with civic organizations, etc.; acceptance of gratuitous services and employment of hostesses, guards, etc
(a) The commission shall operate or provide for the operation of the park or historic site hereby provided for and any appurtenances thereto in such...
- Section 41-9-328 Appropriations by counties and municipalities
The county commission of any county or governing body of any municipality in this state shall be authorized, by resolution duly adopted and recorded, to...
- Section 41-9-329 Exemption from taxation of commission and income, properties, etc., thereof
This commission shall have a tax-exempt status, and the properties of the commission and the income therefrom, all lease agreements and contracts made by it,...
- Section 41-9-330 Insurance programs for employees
(a) All full-time employees of the Tannehill Furnace and Foundry Commission shall be treated as state employees for the purpose of participating in any insurance...
- Section 41-9-331 Tannehill Furnace and Foundry Commission renamed Alabama Historic Ironworks Commission
The Tannehill Furnace and Foundry Commission as provided for in this chapter and renamed by this section shall henceforth be officially named and called the...
- Section 41-9-332 Commission granted additional authority
In addition to the authority granted to the commission under Sections 41-9-320, and 41-9-325 to 41-9-328, inclusive, the commission is further authorized to offer technical...
- Division 6 St. Stephens Historical Commission.
- Division 7 Women's Tribute Statue Commission.
- Article 11 USS Alabama Battleship Commission.
- Section 41-9-340 Creation; composition; qualifications, appointment, terms of office and removal of members; vacancies
(a) There is hereby created a state commission to be known as the "USS Alabama Battleship Commission." The membership of the commission shall consist of...
- Section 41-9-341 Members not to receive pay, etc.; payment of expenses of members; conflicts of interest of members or employees of commission; penalty
No member of the commission shall receive any pay or emolument for the discharge of his duties. Commission members and employees of the commission shall...
- Section 41-9-342 Meetings generally; quorum; organization and procedure; seal; officers; requirement of bond from treasurer
The commission shall hold an annual meeting at the site of the Battleship Memorial Park and one half of the members of the commission shall...
- Section 41-9-343 Executive committee
The commission may, at its discretion, create and provide for an executive committee of not fewer than five members and delegate to such committee such...
- Section 41-9-344 Executive director
The commission may employ an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly to the commission...
- Section 41-9-345 Employees
The commission may hire such laborers, artisans, caretakers, technicians, stenographers and administrative employees, and supervisory and professional personnel as may be necessary or advisable for...
- Section 41-9-346 Commission a public body corporate
The commission shall constitute a public body corporate and shall have, in addition to those set forth specifically in this article, all powers necessary or...
- Section 41-9-347 Commission to establish, operate, etc., memorial park and acquire, exhibit, etc., Battleship USS Alabama, etc
The commission shall establish, operate, and maintain a state memorial park to honor the Alabamians who participated in all armed conflicts of the United States,...
- Section 41-9-348 Commission to be state agency; commission to have exclusive control over battleship, park, etc
The commission shall be a state agency and shall have exclusive control over the Battleship USS Alabama, the memorial park established under this article, any...
- Section 41-9-349 Powers and duties of commission generally
(a) The commission shall acquire the Battleship USS Alabama (BB60) for and on behalf of the State of Alabama and select and improve appropriate sites...
- Section 41-9-350 Maintenance and audits of records and books of account; establishment, etc., of reserve fund for special contingencies and emergencies
(a) The commission shall maintain books of account covering revenues derived by it from all sources whatsoever, together with accounts of all expenses incurred in...
- Section 41-9-351 Commission may provide for insurance for properties and employees
(a) The commission may provide insurance covering loss or damage to its properties or any properties of others in its custody, care, or control or...
- Section 41-9-352 Authority for issuance and sale of revenue bonds; form, terms, denomination, etc., generally; sale; redemption; payment of principal and interest on bonds and security therefor
(a)(1) The Women's Tribute Statue Commission is created to fund, commission, and place statues of Rosa Parks and Helen Keller. The statue of Rosa Parks...
- Section 41-9-353 Bonds and other obligations to be exclusively obligations of commission; bonds and coupons to be negotiable instruments and to constitute legal investments for banks, insurance companies and fiduciaries; effect of recital as to issuance in resolution authorizing bonds
All obligations incurred by the commission and all bonds issued by it shall be solely and exclusively an obligation of the commission and shall not...
- Section 41-9-354 Borrowing of money from private sources, etc., authorized generally; pledge of future revenues from admissions, etc., as security for repayment of such loans
The commission shall have the authority to borrow money from private sources, the state emergency fund or such other sources as may be acceptable to...
- Section 41-9-355 Loan from State Docks Department; commission may borrow from banks pending such loan and pledge loan as security; $50,000.00 outstanding indebtedness forgiven
(a) At such time as existing revenue bond covenants of the Alabama State Docks Department are satisfied as a result of any refunding of revenue...
- Section 41-9-356 Appropriations by counties and municipalities
The county commissions of the several counties of the state and the city commissions, the city councils and other like governing bodies of the cities...
- Section 41-9-357 Battleship Fund
The commission shall establish and maintain at such lawful depository or depositories in the State of Alabama as it shall select a "Battleship Fund," composed...
- Section 41-9-358 Exemption from taxation of commission and income, properties, etc., thereof
The commission shall have a tax exempt status, and the properties of the commission and the income therefrom, all lease agreements and contracts made by...
- Article 12 Commission on Uniform State Laws.
- Section 41-9-370 Continuation; composition
The Commission on Uniform State Laws is continued in existence as an advisory commission to the Legislature. The commission consists of three members of the...
- Section 41-9-371 Vacancies
Upon the death, resignation, failure, or refusal to serve of any appointed commissioner, his or her office shall become vacant, and the Governor, President of...
- Section 41-9-372 Meetings; officers
The commissioners shall meet at least once every two years and shall elect one of their number as chair and another as secretary, who shall...
- Section 41-9-373 Duties of commission generally; reports to Legislature
Each commissioner shall attend the meeting of the National Conference of Commissioners on Uniform State Laws and, both in and out of the national conference,...
- Section 41-9-374 Payment of commission members' expenses and dues
(a) The Commission on Uniform State Laws shall annually present its budget to the Legislative Council for approval. (b) From funds appropriated for the commission,...
- Article 13 Commission on Intergovernmental Cooperation.
- Article 14 Continuing Women's Commission.
- Article 15 Space Science Exhibit Commission.
- Section 41-9-430 Creation; commission a public body corporate; commission to provide, etc., facilities for exhibits of National Aeronautics and Space Administration, Department of Army, etc.; commission empowered to provide lodging for visitors, etc
There is hereby created and established a state agency to be known as the Alabama Space Science Exhibit Commission, which shall be a public body...
- Section 41-9-431 Composition; qualifications, appointment, terms of office and removal of members; vacancies; chairman; compensation and expenses of members; meetings generally; quorum; executive committee
The commission created by Section 41-9-430 shall consist of 18 members, to be appointed by the Governor, who shall be bona fide residents and qualified...
- Section 41-9-432 Powers generally
The commission shall be authorized: (1) To investigate and select an available site for housing the exhibits, including the surrounding grounds, in cooperation with the...
- Section 41-9-433 Form, terms, denominations, etc., of bonds; sale; redemption; execution of bonds and coupons
All bonds shall be issued, subject to the approval of the Governor, in such forms, denominations, series and numbers, may be of such tenor and...
- Section 41-9-434 Pledge of revenues and income of commission for security and payment of general obligation bonds
Any general obligation bonds shall also be payable from and secured by a pledge of the revenues and income of the commission remaining after the...
- Section 41-9-435 Liability upon revenue bonds issued by commission
All revenue bonds issued by the commission shall be solely and exclusively the obligations of the commission and shall not create an obligation or debt...
- Section 41-9-436 Promotion and advertising of exhibits and facilities by commission; purchase and acquisition of tangible personal property; operation or leasing of concessions in or on grounds and facilities of commission
In view of the unique character and complexity of the duties and responsibilities imposed on the commission by this article, it is hereby specifically provided...
- Section 41-9-437 Maintenance and audit of records and books of account
It shall be the duty of the commission to maintain at all times accurate records and books of account covering revenues and expenditures which shall...
- Section 41-9-438 Exemption from taxation of commission and properties, income, etc., thereof
The commission, its property and income and all bonds issued by the commission, the income from such bonds or from the investment of such income...
- Section 41-9-439 Construction of article
The provisions of this article shall be construed liberally, it being the purpose to provide in this state appropriate housing facilities for displaying to the...
- Article 16 Sports Hall of Fame Board.
- Section 41-9-450 Creation; composition; appointment and terms of office of members; officers; compensation and expenses of members; meetings generally; quorum
There shall be created and established as provided in this article a board to be designated and known as the Alabama Sports Hall of Fame...
- Section 41-9-451 Quarters, etc.; executive secretary or director; staff; display of busts, exhibits, etc., in Jefferson County Civic Center
The board shall be domiciled at the Jefferson County Civic Center, where it shall maintain such halls, rooms or quarters as may be considered suitable...
- Section 41-9-452 Purpose of board; adoption of rules, regulations and bylaws; conduct of annual function to honor sports dignitaries; conduct of surveys and polls; appointment of committees and representatives
It shall be the function and main purpose of the board to honor those, living or dead, who by achievement or service have made outstanding...
- Section 41-9-453 Solicitation and acceptance of donations, contributions, etc.; exemption from taxation of property, income, etc., of board and gifts thereto
The board may solicit and accept donations, contributions and gifts of money and property, and all gifts made to the board shall be exempt from...
- Section 41-9-454 Expenditure of appropriations and other funds
The board may spend all legislative appropriations made for the use of the board and may expend funds donated or contributed for its support.
- Article 17 Motor Sports Hall of Fame Commission.
- Section 41-9-470 Created; purpose; location of exhibition facility
There is hereby created and established a state agency to be known as the Motor Sports Hall of Fame Commission for the purpose of providing...
- Section 41-9-471 Composition; appointment, qualifications, terms, compensation and removal of members; filling of vacancies; chairman; annual meetings; quorum; executive committee; adoption of rules and regulations
The commission created herein shall consist of 18 members, to be appointed by the Governor, who shall be bona fide residents and qualified voters of...
- Section 41-9-472 Powers and duties
The commission shall be authorized: (1) To investigate and select an available site for housing the exhibits, including the surrounding grounds, in cooperation with the...
- Section 41-9-473 Form, maturity, sale, etc., of bonds
All bonds shall be issued, subject to the approval of the Governor, in such forms, denominations, series and numbers, may be of such tenor and...
- Section 41-9-474 Exemptions from taxation
The commission, its property and income and all bonds issued by the commission, the income from such bonds or from the investment of such income,...
- Section 41-9-475 Bonds not obligation of state, counties or municipalities
All revenue bonds issued by the commission shall be solely and exclusively the obligations of the commission and shall not create an obligation or debt...
- Section 41-9-476 Pledge of revenues for payment of bonds
Any general obligation bonds shall also be payable from and secured by a pledge of the revenues and income of the commission remaining after the...
- Section 41-9-477 Books and records; audits
It shall be the duty of the commission to maintain at all times accurate records and books of account covering revenues and expenditures, which shall...
- Section 41-9-478 Liberal construction of article; additional powers
(a) The provisions of this article shall be construed liberally, it being the purpose to provide in this state appropriate housing facilities for displaying to...
- Article 18 Beautification Board.
- Section 41-9-490 Creation; composition
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-491 Appointment, terms of office and qualifications generally of members
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-492 Members to be resident citizens of state
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-493 Vacancies
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-494 Meetings generally; officers; quorum; maintenance and examination of record of proceedings of board; meetings of board to be open to public
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-495 Compensation and expenses of members
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-496 Powers and duties of board generally
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-497 Boards, commissions, etc., of state and political subdivisions to cooperate with board; board to make recommendations, criticisms and reports to Governor and to boards, commissions, etc
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-498 Appropriations
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Article 19 State Capitol Advisory Committee.
- Article 20 Governor's Mansion Advisory Board.
- Section 41-9-530 Creation; composition; appointment and terms of office of members; election of chairman and secretary; members to serve without compensation
Repealed by Act 2011-568, p. 1146, §12, effective September 1, 2011.
- Section 41-9-531 Purpose of board
Repealed by Act 2011-568, p. 1146, §12, effective September 1, 2011.
- Section 41-9-532 Receipt of gifts, contributions, etc., by board and vesting of title thereto; expenditure of funds; maintenance of account of receipts and expenditures and inventory of gifts
Repealed by Act 2011-568, p. 1146, §12, effective September 1, 2011.
- Article 20A Governor's Mansion Authority.
- Section 41-9-540 Short title
This article shall be known and may be cited as the First Lady Dianne Bentley Governor's Mansion Preservation Act.
- Section 41-9-541 Creation; purposes
(a) There is created the Governor's Mansion Authority to preserve, operate, and maintain the Alabama Governor's Mansion, also known as the Ligon House, located on...
- Section 41-9-542 Composition
(a) The authority shall be composed of the following members or their designees: (1) The Director of the Alabama Department of Archives and History. (2)...
- Section 41-9-543 Powers and duties
(a) The authority shall constitute a body corporate and shall have, in addition to those powers and responsibilities set out in this article, all powers...
- Section 41-9-544 Funding
In addition to any other power established pursuant to this article, the authority may exercise the following powers: (1) To solicit and receive appropriations, gifts,...
- Section 41-9-545 Audit of books; operation of Governor's Mansion Complex; inventory; Governor's Mansion Preservation Fund
(a) The authority shall keep an account of all receipts and expenditures. Books of the authority shall be open to regular inspection and audit by...
- Section 41-9-546 Availability for tours and events
The authority shall make the Governor's Mansion Complex, most notably the Governor's Mansion, available to the public for tours and other such events on a...
- Section 41-9-547 Tax exempt status
The authority shall be tax exempt and the properties of the authority and any income therefrom, all lease agreements and all contracts made by the...
- Section 41-9-548 Insurance of employees
(a) All full-time employees of the authority shall be treated as state employees for the purposes of participating in any insurance programs provided for the...
- Section 41-9-549 Assistance of Attorney General
The authority shall be entitled to the services of the state Attorney General in connection with the affairs of the authority.
- Article 21 Women's Hall of Fame.
- Article 22 Criminal Justice Advisory Commission.
- Section 41-9-570 Created; composition
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-571 Meetings; officers
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-572 Function
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-573 Reports
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The commission shall report...
- Section 41-9-574 Expenses
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Article 23 Criminal Justice Information Center Commission.
- Division 1 General Provisions.
- Section 41-9-590 Definitions
When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates a different meaning: (1) AJIC or...
- Section 41-9-591 Creation and functions; policies and procedures; transmittal exchange, and retrieval of information
(a) There is created and established an Alabama Justice Information Commission, which shall be the regulatory body to establish policy and procedures for the interstate...
- Section 41-9-592 Composition of commission; terms of service of members of commission
(a) The commission shall be composed of two sections. (b) The voting section shall include all of the following: (1) The Secretary of the Alabama...
- Section 41-9-593 Chairman and vice-chair; meetings; recordkeeping; compensation and expenses
(a) The commission shall elect from its membership a chair and a vice-chair at the October meeting who shall serve for a period of one...
- Section 41-9-594 Establishment of rules and policies; Privacy and Security Committee; fees
(a) The commission shall establish its own rules and policies for the performance of the responsibilities charged to it in this article. (b) The commission...
- Section 41-9-594.1 Construction of article
Nothing in this article shall be interpreted to impair, or grant the authority to impair, a citizen's access to records currently considered open to public...
- Section 41-9-595 Division head; CJIS Systems Officer
(a) The secretary shall appoint a division head who shall be responsible for the development, maintenance, and operation of the duties of ALEA as required...
- Section 41-9-596 Maintenance of staff and support services
The secretary shall maintain the necessary staff along with support services necessary to enable the effective and efficient performance of the duties and responsibilities ascribed...
- Section 41-9-597 Applicability of rules and regulations of state personnel Merit System to staff and personnel employed by commission; employment conditions, etc., of employees of agencies or institutions transferred to center or commission
Repealed by Act 2019-495, §5, effective September 8, 2019.
- Section 41-9-598 Appeals from rules and policies adopted by commission
The process for appeals by an individual or governmental body of any rules and policies adopted by the commission shall first be to the commission....
- Section 41-9-599 Annual request for funds and budget; appropriations
Repealed by Act 2019-495, §5, effective September 8, 2019.
- Section 41-9-600 Failure of officer or official to make report or do act required by article
Any officer or official mentioned in this article who neglects or refuses to make any report or to do any act required in this article...
- Section 41-9-601 Obtaining, etc., of criminal offender record information under false pretenses, falsification of information, etc
Any person who willfully requests, obtains, or seeks to obtain criminal offender record information under false pretenses or who willfully communicates or seeks to communicate...
- Section 41-9-602 Communication, etc., of criminal offender record information in violation of article
Any person who knowingly communicates or seeks to communicate criminal offender record information, except in accordance with this article, shall, upon conviction, be guilty of...
- Section 41-9-603 Effect of article upon other provisions of law, etc
(a) In the event of conflict, this article shall, to the extent of the conflict, supersede all conflicting parts of existing statutes which regulate, control...
- Division 2 Collection, Dissemination, etc., of Criminal Data.
- Section 41-9-620 Commission to provide for uniform crime reporting system
The commission shall provide for a uniform crime reporting system for the periodic collection and analysis of crimes reported to any and all criminal justice...
- Section 41-9-621 Powers and duties of commission as to collection, dissemination, etc., of crime and offender data, etc
The commission, acting through the secretary, shall do all of the following: (1) Develop, operate, and maintain information systems that will support the collection, storage,...
- Section 41-9-622 Maintenance, etc., of data
Repealed by Act 2019-495, §5, effective September 8, 2019.
- Section 41-9-623 Submission of data to Alabama State Law Enforcement Agency
(a) All criminal justice agencies within the state shall submit to ALEA fingerprints, descriptions, photographs, and other identifying data on the following persons: (1) Persons...
- Section 41-9-623.1 Construction of article
Notwithstanding any provision in this article, except for providing copies of data required by law to carry out the duties of the commission and ALEA,...
- Section 41-9-624 Determination by commission as to criminal record of person arrested and notification of requesting agency or arresting officer
The commission is authorized to compare all fingerprints and other identifying data received with information already on file, to ascertain whether or not a criminal...
- Section 41-9-625 Collection of biometric identifiers by law enforcement and correctional agencies; procedure for elimination and removal of information
(a) All persons in this state in charge of law enforcement and correctional agencies shall obtain biometric identifiers, which may include fingerprints, photographs, palm prints,...
- Section 41-9-626 Forwarding of fingerprints, photographs, etc
Fingerprints and other identifying data required to be taken by this article shall be forwarded within 24 hours after taking for filing and classification, but...
- Section 41-9-627 Notice to Alabama State Law Enforcement agency of arrest warrants which cannot be served; notice when warrant served or withdrawn; report of outstanding warrants
(a) All persons in this state in charge of criminal justice agencies shall submit to ALEA detailed descriptions of arrest warrants and related identifying data...
- Section 41-9-628 Collection of biometric identifiers by persons in charge of penal operations; procedure upon release from commitment
(a) All persons in charge of penal operations under the authority of the Department of Corrections shall obtain biometric identifiers, which may include fingerprints, photographs,...
- Section 41-9-629 Forwarding of data to Criminal Justice Information Center by Department of Public Safety
Repealed by Act 2019-495, §5, effective September 8, 2019.
- Section 41-9-630 Furnishing of other identifying data to Alabama State Law Enforcement Agency by criminal justice agencies
(a) All persons in charge of criminal justice agencies in this state shall furnish ALEA with any other identifying data required in accordance with guidelines...
- Section 41-9-631 Submission by criminal justice agencies of uniform crime reports
(a) All criminal justice agencies within the state shall submit to ALEA periodically, at a time and in such a form as prescribed by the...
- Section 41-9-632 Submission of uniform crime reports by other governmental agencies
Any governmental agency that is not included within the description of those departments and agencies required to submit the uniform crime report which desires to...
- Section 41-9-633 Persons wanted, vehicles and property stolen - Reporting by criminal justice agencies
All criminal justice agencies within the state shall report to ALEA, in a time and manner prescribed by the commission, all persons wanted by and...
- Section 41-9-634 Persons wanted, vehicles and property stolen - Notification of apprehension or recovery
If it is determined by the reporting agency that a person is no longer wanted due to his or her apprehension or any other factor,...
- Section 41-9-635 Probation and parole officers to supply information on delinquent parolees
All probation and parole officers shall supply ALEA with information on delinquent parolees required by this article in a time and manner prescribed by the
- Section 41-9-636 Limitations upon provision of information generally
Provision of information under this article shall be limited by all constitutional provisions, limitations and guarantees, including, but not limited to, due process, the right...
- Section 41-9-637 Obtaining and dissemination of identifying data and criminal histories generally - Convicted persons
Pertinent identifying data and historical criminal information may be obtained and disseminated on any person confined to any workhouse, jail, reformatory, prison, penitentiary, other penal...
- Section 41-9-638 Obtaining and dissemination of identifying data and criminal histories generally - Unidentified human corpses found in state
Pertinent identifying data and historical criminal information may be obtained and disseminated on any unidentified human corpse found in this state.
- Section 41-9-640 Log of disseminations of criminal histories
A log shall be maintained of all disseminations made of each criminal history, including the date of information request and the recipient of said information.
- Section 41-9-642 Unconstitutional, etc., invasions of privacy of citizens not authorized by article; disclosure of criminal histories, etc., which might lead to identification of individuals to whom information pertains not to be made to persons, agencies, etc., not having "need to know" or "right to know."
Nothing in this article shall be construed to give authority to any person, agency or corporation or other legal entity to invade the privacy of...
- Section 41-9-643 Access to and inspection of criminal records
ALEA shall make a person's criminal records available for inspection to him or her or his or her attorney upon written application to the commission....
- Section 41-9-644 Establishment of procedures, fees, etc., by agencies for inspection of criminal offender records
Agencies, including ACJIC, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose additional...
- Section 41-9-645 Purging, modification, or supplementation of criminal records - Applications by individuals; appeals; costs
(a) If an individual believes information is inaccurate or incomplete, he or she may request the original agency having custody or control of the detail...
- Section 41-9-646 Purging, modification, or supplementation of criminal records - Court order; notification
Should the record in question be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately purged, modified, or supplemented...
- Section 41-9-647 Establishment of guidelines for action and institution of actions for violations as to data reporting or dissemination
The commission shall establish guidelines for appropriate measures to be taken in the instance of any violation of data reporting or dissemination and shall initiate...
- Section 41-9-648 Compilation of information and statistics pertaining to disposition of criminal cases
Repealed by Act 2019-495, §5, effective September 8, 2019.
- Section 41-9-649 Implementation of National Instant Criminal Background Check System; rules and policies
All transfers or purchases of firearms conducted by a licensed importer, licensed manufacturer, or licensed dealer shall be subject to the National Instant Criminal Background...
- Section 41-9-650 Criminal history background check prior to issuance of permit or license
In addition to any other requirements, any agency, board, or commission in this state that issues a permit or license, by rule, may require a...
- Section 41-9-651 Use of criminal history information by judge of probate
Subject to the rules of the commission, ALEA may provide criminal history information to a judge of probate for the purpose of name changes, adoption...
- Section 41-9-652 National Child Protection Act of 1993 approved and ratified; execution and administration of compact
(a) The Legislature approves and ratifies the National Child Protection Act of 1993, 42 U.S.C. §5119-5119(c), as amended, in order to facilitate the authorized interstate...
- Division 3 Alabama Forfeiture Information Act.
- Article 24 Foreign Trade and Relations Commission.
- Article 25 Music Hall of Fame Board.
- Section 41-9-680 Creation; membership; appointment, qualifications, terms and compensation of members; officers; meetings; quorum
There shall be created and established as herein provided a board to be designated and known as the Alabama Music Hall of Fame Board. The...
- Section 41-9-681 Domicile of board; halls, quarters, etc.; executive secretary or director; staff
The board shall be domiciled within Colbert County, Alabama, where it shall maintain such halls, rooms or quarters as may be considered suitable and appropriate...
- Section 41-9-682 Function and powers generally
(a) It shall be the function and main purpose of the board to honor those, living or dead, who, by achievement or service, have made...
- Section 41-9-683 Solicitation and acceptance of gifts, etc.; exemption from taxation
The board may solicit and accept donations, contributions and gifts of money and property. All gifts made to the board shall be exempt from all...
- Section 41-9-684 Expenditures and appropriations
(a) The board may spend all legislative appropriations made for the use of the board and may expend funds donated or contributed for its support....
- Article 26 Alabama Indian Affairs Commission.
- Section 41-9-708 Creation; administration; composition; qualifications; chairman; terms of office; recognition and representation of additional Indian tribes, bands, and groups; written complaints concerning commissioner
(a) There is hereby created and established the Alabama Indian Affairs Commission hereinafter called the commission, which shall be administered under the direction and supervision...
- Section 41-9-709 Purpose
The purpose of this commission shall be to deal fairly and effectively with Indian affairs; to bring local, state, federal resources into focus for the...
- Section 41-9-710 Powers and duties
It shall be the duty of the commission to study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs; to investigate...
- Section 41-9-711 Compensation
The members of the Alabama Indian Affairs Commission shall receive no compensation for their services, other than reimbursement for travel and other expenses actually incurred...
- Section 41-9-712 Time of meeting; notice; quorum; proxy vote prohibited
(a) The commission shall meet at the call of the chair, or by a petition signed by a majority of the members of the commission....
- Section 41-9-713 Executive director
The commission shall hire an executive director for the commission. Such director shall serve as secretary of the commission and as chief administrator and executive...
- Section 41-9-714 Authority to receive gifts, etc
The commission is authorized to receive, and hold, gifts, devises, bequests of money, real estate and other things of value to be used in the...
- Section 41-9-715 Perpetual appropriation; surplus property
(a) There is continuously appropriated out of funds in the State Treasury, not otherwise appropriated, the sum of not less than $200,000, for the operation...
- Section 41-9-716 Annual report
The commission shall prepare and submit a written annual report to the Governor and the Legislature. The report will become a matter of public record...
- Section 41-9-717 Fiscal records; annual audit; bond of certain members, etc., required
(a) Fiscal records shall be kept by the executive director or his/her designee, and will be subject to annual audit by the state examiner of...
- Article 27 Aviation Hall of Fame Board.
- Article 28 Alabama Senior Citizens Hall of Fame.
- Section 41-9-740 Establishment; purpose
Amended and renumbered as §38-3-20 by Act 2008-398, p. 787, §3, effective May 16, 2008.
- Section 41-9-741 Composition
Amended and renumbered as §38-3-21 by Act 2008-398, p. 787, §3, effective May 16, 2008.
- Section 41-9-742 Election of members
Amended and renumbered as §38-3-22 by Act 2008-398, p. 787, §3, effective May 16, 2008.
- Section 41-9-743 Election of chairman; term of office; appointment of secretary
Amended and renumbered as §38-3-23 by Act 2008-398, p. 787, §3, effective May 16, 2008.
- Section 41-9-744 Annual meetings required; time and place of meetings; quorum; promulgation of rules and regulations
Amended and renumbered as §38-3-24 by Act 2008-398, p. 787, §3, effective May 16, 2008.
- Section 41-9-745 Reimbursement for actual and necessary expenses
Amended and renumbered as §38-3-25 by Act 2008-398, p. 787, §3, effective May 16, 2008.
- Article 29 Alabama Small Business Office of Advocacy.
- Section 41-9-760 Created; purpose
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-220.
- Section 41-9-761 Definitions
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-221.
- Section 41-9-762 Director and other employees
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-222.
- Section 41-9-763 Duties and functions
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-223.
- Section 41-9-764 Information required of state agencies requiring regulatory approval, etc
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-224.
- Section 41-9-765 State agencies required to disclose establishment of new regulatory programs, etc
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-225.
- Section 41-9-766 Toll-free telephone number authorized
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-226.
- Section 41-9-767 State agencies required to furnish to director documents, etc., necessary to carry out functions; annual report
Transferred by Act 2015-450, §5, effective June 11, 2015. It is now Section 41-29-227.
- Article 30 Tennessee Valley Exhibit Commission.
- Section 41-9-780 Creation; powers and privileges generally; purpose
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-782 Authority of commission generally
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-781 Membership; chair; meetings; executive committee; bonded indebtedness
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-783 Revenue bonds deemed exclusive obligation of commission - Appropriation and pledge of TVA payments
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-784 Additional authority and power
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-785 Maintenance of accurate records and books required; audit
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-786 Obligations, etc., exempt from taxation
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 41-9-787 Article liberally construed
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Article 31 Cahaba Trace Commission.
- Section 41-9-800 Cahaba Trace Commission created; members
There is hereby created a commission to be known as the Cahaba Trace Commission to consist of 23 members who shall be appointed by the...
- Section 41-9-801 Terms of office; appointment of new members; chairman
Members of the commission shall serve for terms of office as follows: One member from each county shall serve for two years and the remaining...
- Section 41-9-802 Headquarters; meetings; quorum; chairman, vice-chairman, secretary, and treasurer; bonding of treasurer
The headquarters of the commission shall be located in Bibb County. The commission shall hold an annual meeting and one-half of the voting members shall...
- Section 41-9-803 Rules and regulations; executive committee
The commission shall have the right to adopt such rules and regulations as may be necessary to carry out the intent and purpose of the...
- Section 41-9-804 Members not to receive pay or emoluments; expenses; fees, etc., from commission funds prohibited; interest in contracts, etc., with commission prohibited; penalty for violation of section
No member of the commission shall receive any pay or emolument other than actual expenses incurred in the discharge of his duties as a member...
- Section 41-9-805 Cahaba Trace Fund
The commission shall establish, and maintain at such lawful depository or depositories as it shall select, a "Cahaba Trace Fund" composed of the money or...
- Section 41-9-806 Powers of commission
The commission shall be authorized: (1) To investigate and select available sites for housing historic exhibits, including the surrounding grounds, with such state, federal or...
- Section 41-9-807 Exemption from taxation
The commission, its property and income and all bonds issued by the commission, the income from such bonds or from the investment of such income...
- Section 41-9-808 Obligation of state not created by commission obligations
All obligations incurred by the commission shall be solely and exclusively an obligation of the commission and shall not create an obligation or debt of...
- Section 41-9-809 Records of revenues and expenditures; audits
The commission shall maintain at all times accurate records and books of account covering revenues and expenditures. Such records and books shall be available for...
- Section 41-9-810 State park or museum not authorized by article
Nothing in this article shall be construed to grant authority to establish a state park or museum.
- Article 32 Alabama Turkey Hunters Hall of Fame.
- Article 33 Alabama Men's Hall of Fame.
- Article 34 Alabama Peace Officers' Hall of Fame.
- Article 35 Alabama Chiropractors' Hall of Fame.
- Article 36 Alabama Insurance Board.
- Article 37 Alabama Agricultural Museum Board.
- Section 41-9-920 Creation, location, etc
There is created and established a public agency of the state to be known as the Alabama Agricultural Museum Board. In accordance with Section 1-2-30,...
- Section 41-9-921 Function, purpose, etc
It shall be the function and main purpose of the board to recognize the important contribution of agriculture to the state and to preserve, exhibit,...
- Section 41-9-922 Composition, terms of members, etc
(a) The board shall be composed of 11 members: One member shall be appointed by the President of Auburn University, one member shall be appointed...
- Section 41-9-923 Officers, meetings, rules, travel expenses, vacancies, etc
The board shall elect a chair, a vice-chair, and secretary-treasurer from its members for a term of one year and may appoint any committees it...
- Section 41-9-924 Board personnel
The board may hire personnel necessary or as advisable to carry out the purposes and provisions of this article. Personnel shall be subject to the...
- Section 41-9-925 Power of public body corporate
The board shall constitute a public body corporate and shall have, in addition to those set forth specifically in this article, all powers necessary or...
- Section 41-9-926 Acceptance of gifts, grants, etc.; tax exempt; entrance fees; concessions
The board may solicit and accept public or private donations, grants, contributions, property, or services, and all gifts made to the board shall be exempt...
- Section 41-9-927 Creation of fund; expenditure of funds
All receipts and income of the Alabama Agricultural Museum Board shall be deposited into the State Treasury to the credit of the Alabama Agricultural Museum...
- Section 41-9-928 Property rights
The board may sell, convey, transfer, lease, or donate any property, franchise, grant, easement, license, or lease or interest therein which it may own and...
- Section 41-9-929 State agency control
The board shall be a state agency and shall have exclusive control over the Alabama Agricultural Museum at Landmark Park established pursuant to this article,...
- Article 37A North Alabama Agriplex and Board of Directors.
- Article 38 Alabama Legislative Commission on Total Quality.
- Article 39 Tuskegee Airmen Commission.
- Section 41-9-950 Creation; composition; terms; removal
(a) The Tuskegee Airmen Commission is created to consist of 18 members. The members shall be appointed by the Governor, with at least three of...
- Section 41-9-951 Members not to receive pay; reimbursement of expenses funded; fee, commission, retainer, or brokerage unlawful; conflict of interest; violations
(a) No member of the commission shall receive pay for the discharge of his or her duties. Commission members and employees of the commission shall...
- Section 41-9-952 Annual meeting; quorum; organization and procedure; seal; elections; treasurer may be bonded
The commission shall hold an annual meeting in Macon County, Alabama, and nine of the members shall constitute a quorum for the transaction of business....
- Section 41-9-953 Executive committee; membership; delegation of powers and authority
The commission may, at its discretion, create and provide for an executive committee of not fewer than five members and delegate to the committee powers...
- Section 41-9-954 Executive director; supervision of Tuskegee Airmen Memorial; compensation; duties and authority
The commission may employ or contract with an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly...
- Section 41-9-955 Laborers, artisans, caretakers, technicians, stenographers, administrative employees, and supervisory and professional personnel; benefits
The commission may hire or may delegate to the executive director the authority to hire laborers, artisans, caretakers, technicians, stenographers, administrative employees, and supervisory and...
- Section 41-9-956 Commission a public body corporate; powers
The commission shall constitute a public body corporate and shall have all power necessary to effect the purposes for which it has been established under...
- Section 41-9-957 Memorial to Tuskegee Airmen and others; museum; purpose
The commission shall establish, operate, and maintain a memorial to honor the Tuskegee Airmen and other related individuals, which shall be under the exclusive management...
- Section 41-9-958 Commission a state agency; exclusive control over museum, improvements, etc
The commission shall be a state agency and shall have exclusive control over the museum established under this article, all improvements and exhibits, and any...
- Section 41-9-959 Acquisition of membership; selection and improvement of museum site; considerations; acceptance of gifts, grants, etc.; contracts; admission fee; renovations and maintenance; exclusive jurisdiction; allocation of funds; leases
(a) The commission shall have the duty and authority to acquire membership and to select and improve a site for the museum, taking into consideration...
- Section 41-9-960 Accounting; auditing; reserve fund
(a) The commission shall maintain books of accounts covering revenues derived by it from all sources, together with accounts of all expenses incurred in connection...
- Section 41-9-961 Insurance; civil actions; liability
(a) The commission may provide insurance covering loss or damage to its properties or any properties of others in its custody, care, or control, or...
- Section 41-9-962 Authority to issue revenue bonds; purposes; redemption; maturity date limitation; public or private sale; obligations of project not state; security
(a) The commission shall have the power and authority to issue and sell at any time its revenue bonds for the purpose of providing funds...
- Section 41-9-963 Bonds and obligations solely and exclusively commission's; resolution recital
(a) All obligations incurred by the commission and all bonds issued by it shall be solely and exclusively an obligation of the commission and shall...
- Section 41-9-964 Money from private sources, authority to borrow and pledge future revenues
The commission shall have the authority to borrow money from private sources, the state emergency fund or other sources as may be acceptable to the...
- Section 41-9-965 Tuskegee Airmen Fund; establishment; composition; authorized uses
The commission shall establish and maintain at a lawful depository in the State of Alabama a Tuskegee Airmen Fund composed of money which may come...
- Section 41-9-966 Tax exemption
The commission shall be exempt from taxation by the State of Alabama and any political subdivision, including, but not limited to, income, admission, amusement, excise...
- Section 41-9-967 Commission defined
For purposes of this article, "commission" shall mean the commission or the chief staff persons designated by the commission during open meetings.
- Article 40 Alabama Holocaust Commission.
- Section 41-9-980 Commission - Established
There is hereby established within the executive branch the Alabama Holocaust Commission. It shall be non-partisan and autonomous.
- Section 41-9-981 Legislative findings
The Legislature finds and declares the following: (1) During the period from 1933-1945, six million Jews and millions of other Europeans were murdered in Nazi...
- Section 41-9-982 Commission - Composition
(a) The commission shall be composed of 20 members as follows: (1) A member of the Senate appointed by the President Pro Tempore of the...
- Section 41-9-983 Commission - Duties
(a) The commission shall have the following responsibilities and duties: (1) Provide assistance and advice to the public and private schools, colleges, and universities with...
- Section 41-9-984 Corporation
(a) The commission may create a not-for-profit corporation to raise funds, and to develop, implement, and manage the plans and programs of the commission. (b)...
- Article 41 International Voting Rights Trail and Commission.
- Article 42 Alabama Military Hall of Honor
- Section 41-9-1000 Creation; composition
There shall be created and established as herein provided a board to be designated and known as the Alabama Military Hall of Honor. The membership...
- Section 41-9-1001 Location
The location of the Hall shall be in the City of Marion, Alabama, on the campus of the Marion Military Institute. All items pertaining to...
- Section 41-9-1002 Purpose; selection of persons installed
The purpose of the Alabama Military Hall of Honor is to honor Alabama's military heroes and to provide a permanent and visible tribute to them....
- Section 41-9-1003 Funding
The board may receive an annual appropriation from the State General Fund that shall be fixed by the Legislature during each regular session. The appropriation...
- Section 41-9-1004 Tax exemptions
The board may solicit and accept donations, contributions, and gifts of money and property, and all gifts made to the board shall be exempt from...
- Section 41-9-1005 Use of funds
The board may spend all appropriations of public money made for the use of the board and may expend funds donated or contributed for its
- Section 41-9-1006 Appropriations
The Alabama Military Hall of Honor may receive any appropriations from the State General Fund made by the Legislature.
- Article 43 Alabama Athletic Commission.
- Section 41-9-1020 Short title
This article shall be known and may be cited as the Alabama Boxing, Wrestling, and Mixed Martial Arts Act.
- Section 41-9-1021 Definitions
As used in this article, the following terms shall have the following meanings: (1) AMATEUR. An individual who engages in a match, contest, or exhibition...
- Section 41-9-1022 Application
This article shall not be construed to apply to any match, contest, or exhibition of boxing or wrestling in which the contestants are all amateurs...
- Section 41-9-1023 Alabama Athletic Commission - Creation; composition; medical advisory panel
(a) There is created the Alabama Athletic Commission composed of six members. (b)(1) The membership of the commission shall be inclusive and reflect the racial,...
- Section 41-9-1024 Alabama Athletic Commission - Powers and duties
(a)(1) The commission shall be the sole regulator of professional boxing in this state and shall have authority to protect the physical safety and welfare...
- Section 41-9-1025 Alabama Athletic Commission - Executive Director
The commission shall designate a person to serve as executive director and the executive director shall issue licenses and identification cards and perform other duties...
- Section 41-9-1026 Alabama Athletic Commission - Meetings
(a) The commission shall meet upon the call of the chair or upon the call of any two members. The business of the commission shall...
- Section 41-9-1027 Alabama Athletic Commission - Rulemaking authority; drug testing
(a) The commission shall adopt rules governing professional boxing, professional bare knuckle boxing, tough man contests, amateur mixed martial arts, and professional mixed martial arts...
- Section 41-9-1028 Alabama Athletic Commission - Conflict of interest
A member or employee of the commission and any person who administers or enforces this article or rules adopted in accordance with this article shall...
- Section 41-9-1029 Promoter license; match permit; performance bond; certification of results
(a)(1) No person shall promote or hold a match, contest, or exhibition of professional boxing, professional bare knuckle boxing, tough man contests, professional wrestling, amateur...
- Section 41-9-1030 Participant license
(a) Prior to participating in a match, contest, or exhibition of professional boxing, professional bare knuckle boxing, professional wrestling, amateur mixed martial arts, or professional...
- Section 41-9-1031 Participant registration
(a) In addition to the license required in Section 41-9-1030, each professional boxer, professional bare knuckle boxer, amateur mixed martial arts competitor, or professional mixed...
- Section 41-9-1032 Refusal to grant license; disciplinary action; suspension or revocation of match permit
(a) The commission may refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant...
- Section 41-9-1033 Participant requirements
No person shall arrange, promote, organize, produce, or participate in a match, contest, or exhibition of professional boxing, professional bare knuckle boxing, professional wrestling, amateur...
- Section 41-9-1034 Impairment of participant by alcohol or drugs
It shall be unlawful for any professional boxer, professional bare knuckle boxer, tough man contestant, professional wrestler, amateur mixed martial arts competitor, or professional competitor...
- Section 41-9-1035 Site requirements
All buildings or structures used or intended to be used for holding or giving matches, contests, or exhibitions of professional boxing, professional bare knuckle boxing,...
- Section 41-9-1036 Age requirement
No person under the age of 18 years shall participate as a contestant in any match, contest, or exhibition of professional boxing, professional bare knuckle...
- Section 41-9-1037 Jurisdiction of commission
The commission shall have jurisdiction over any match, contest, or exhibition of professional boxing, professional bare knuckle boxing, tough man contests, professional wrestling, amateur mixed...
- Section 41-9-1038 Violations
(a) The Attorney General may bring a civil action requesting relief, including a permanent or temporary injunction, restraining order, or other order, against any person...
- Section 41-9-1039 Alabama Athletic Commission Fund
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- Section 41-9-1040 Sunset provision
The Alabama Athletic Commission shall be subject to the Alabama Sunset Law in Chapter 20 of Title 41, as an enumerated agency, and shall have...
- Article 44 Commission on Girls and Women in the Criminal Justice System.
- Article 45 Alabama Industrial Development and Training Institute.
- Section 41-9-1080 Legislative findings
This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-280.
- Section 41-9-1081 Definitions
This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-281.
- Section 41-9-1082 Operation; supervision and oversight
This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-282.
- Section 41-9-1083 Funding; financial statement
This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-283.
- Section 41-9-1084 Employees
This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-284.
- Section 41-9-1085 Confidentiality of project information
This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-285.
- Section 41-9-1086 Policy manual
This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-286.
Last modified: May 3, 2021