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title-1•Title 1 — General Provisions
The following words, whenever they appear in this code, have the following meanings unless otherwise apparent from the context or otherwise explicitly defined:
(1) BOY. A human male who has not yet reached adulthood.
(2) FATHER. The male parent of a child or children.
(3) FEMALE. When used in reference to a natural person, an individual who has, had, will have, or would have, but for a developmental anomaly, genetic anomaly, or accident, the reproductive system that at some point produces ova.
(4) GIRL. A human female who has not yet reached adulthood.
(5) JURY or JURIES. Includes courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law.
(6) MALE. When used in reference to a natural person, an individual who has, had, will have, or would have, but for a developmental anomaly, genetic anomaly, or accident, the reproductive system that at some point produces sperm.
(7) MAN. An adult human of the male sex.
(8) MONTH. A calendar month.
(9) MOTHER. The female parent of a child or children.
(10) PERSON. Includes an individual, corporation, partnership, company, or other business entity.
(11) PERSONAL PROPERTY. Includes money, goods, chattels, things in action and evidence of debt, deeds, and conveyances.
(12) PROPERTY. Includes both real and personal property.
(13) REAL PROPERTY. Includes lands, tenements, and hereditaments.
(14) SEX. When the term is used to classify or describe a natural person, the state of being male or female as observed or clinically verified at birth.
(15) SIGNATURE. Includes a mark when an individual cannot write, if his or her name is written near the mark and witnessed by an individual who writes his or her own name as a witness.
(16) STATE. When applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States.
(17) UNITED STATES. Includes the territories thereof and the District of Columbia.
(18) WOMAN. An adult human of the female sex.
(19) YEAR. A calendar year, except whenever the word “year” is used in reference to any appropriations for the payment of money out of the treasury, the term shall mean a fiscal year.
(Code 1852, §§1, 2, 4-8; Code 1867, §§1, 2, 4-8; Code 1876, §§1, 2, 4-8; Code 1886, §§1, 2, 4-8; Code 1896, §§1, 2, 4-8; Code 1907, §§1, 2, 4-8; Code 1923, §§1, 2, 4-9; Acts 1927, No. 625, p. 716; Code 1940, T. 1, §2; Acts 1951, No. 268, p. 551; Act 2025-3; §3.)
(a)(1) The purpose of Act 2025-3 is to bring clarity, certainty, and uniformity to the laws of Alabama regarding sex discrimination, equality of the sexes, and benefits or services specifically provided to males and men and to females and women.
(2) Act 2025-3 applies wherever state law classifies individuals on the basis of sex or otherwise mentions individuals as being male or female, men or women, or boys or girls.
(b) The Legislature finds and declares all of the following:
(1) Men and women are legally equal but are not physically the same.
(2) The State of Alabama has an important interest in preventing unjust sex discrimination and in maintaining safety, privacy, and fairness for both sexes.
(3) Inconsistencies in court rulings and policy initiatives regarding sex discrimination and common sex-based words have endangered women’s rights and resources and have put the existence of private, single-sex spaces in jeopardy.
(4) There are only two sexes, and every individual is either male or female. The term “sex” is objective and fixed. Individuals with differences in sex development, also known as “DSDs” or “intersex conditions,” are not a third sex. Individuals with a congenital or medically verifiable DSD diagnosis must be accommodated consistent with state and federal law.
(5) With respect to equality of the sexes, the term “equal” does not mean “same” or “identical.”
(Act 2025-3, §§1, 2.)
Words used in this Code in the past or present tense include the future, as well as the past and present. Words used in the masculine gender include the feminine and neuter. The singular includes the plural, and the plural the singular. All words giving a joint authority to three or more persons or officers give such authority to a majority of such persons or officers, unless it is otherwise declared.
(Code 1852, §§1, 3; Code 1867, §§1, 3; Code 1876, §§1, 3; Code 1886, §§1, 3; Code 1896, §§1, 3; Code 1907, §§1, 3; Code 1923, §§1, 3, 9533; Code 1940, T. 1, §1.)
(a) As used in this Code or any statute of this state heretofore or hereafter enacted, unless the context requires a different meaning, the term “blind person” means a natural person who has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential, or who has central visual acuity of 20/200 or less in the better eye with correcting glasses, or whose central visual acuity is more than 20/200 in the better eye with correcting glasses but whose peripheral field has contracted to such an extent that the widest diameter of the visual field subtends an angular distance no greater than 20 degrees.
(b) The condition of blindness may be proved by a blind person claiming any rights or benefits provided under any statute of this state by certificate of a duly licensed ophthalmologist or optometrist.
(c) Nothing herein contained shall prevent the Alabama State Department of Human Resources from establishing a different definition of blindness for use in determining eligibility for blind assistance under the program administered by it as provided for in Section 38-4-1, or from establishing procedures and qualifying personnel to determine the existence of blindness within such definition so established for such purpose or from reviewing any such determination so made to determine the correctness of such decision in its supervisory power in the administration of the blind assistance program.
(Acts 1959, 2nd Ex. Sess., No. 70, p. 246.)
Time within which any act is provided by law to be done must be computed by excluding the first day and including the last. However, if the last day is Sunday, or a legal holiday as defined in Section 1-3-8, or a day on which the office in which the act must be done shall close as permitted by any law of this state, the last day also must be excluded, and the next succeeding secular or working day shall be counted as the last day within which the act may be done. In designating the hours of the day, the time used shall be that of the ninetieth degree of longitude west of Greenwich, otherwise known as central standard time; provided, that whenever daylight saving time shall be in effect within the state, the time used shall be that known as central daylight time.
(Code 1852, §11; Code 1867, §11; Code 1876, §11; Code 1886, §11; Code 1896, §11; Code 1907, §11; Code 1923, §13; Code 1940, T. 1, §12; Acts 1953, No. 668, p. 926.)
If the United States Congress amends 15 U.S.C. § 260a to authorize states to observe Daylight Saving Time year-round, the State of Alabama shall adopt Daylight Saving Time as the year-round standard of time for the entire state and all of its political subdivisions.
(Act 2021-421, §1.)
[Repealed]
Repealed by Acts 1977, No. 607, p. 812, §9901, as amended, effective January 1, 1980.
Acts or omissions to which a pecuniary penalty is attached, recoverable by action by a person for his own use, or for the use, in whole or in part, of the state, or of a county or municipal corporation, are not public offenses within the meaning of this Code.
(Code 1852, §4; Code 1867, §3543; Code 1876, §4097; Code 1886, §3700; Code 1896, §4651; Code 1907, §6755; Code 1923 §3873; Code 1940, T. 1, §6.)
No penal act shall take effect until 60 days after the approval thereof, unless otherwise specially provided in the act.
(Code 1867, §§3544, 3955; Code 1876, §4448; Code 1886, §3705; Code 1896, §5540; Code 1907, §7805; Code 1923, §5531; Code 1940, T. 1, §8.)
This Code shall not affect any existing right, remedy or defense, nor shall it affect any prosecution now commenced, or which shall be hereafter commenced, for any offense already committed. As to all such cases, the laws in force at the adoption of this Code shall continue in force. But this section does not apply to changes in forms of remedy or defense, to rules of evidence, nor to provisions authorizing amendments of process, proceedings or pleadings in civil cases.
(Code 1852, §10; Code 1867, §10; Code 1876, §10; Code 1886, §10; Code 1896, §10; Code 1907, §10; Code 1923, §11; Code 1940, T. 1, §9.)
Subject to the provisions of this section, or as may be otherwise provided in this Code, all statutes of a public, general and permanent nature, not included in this Code, are repealed. The foregoing provisions of this section shall not repeal, nor be construed to repeal, local, private or special statutes; nor statutes which relate to or apply to only one county, municipality, political subdivision, district or territory; nor statutes which apply to one or more counties, municipalities, political subdivisions, districts or territories on the basis of population; nor statutes in effect on the effective date of this Code which apply to one or more judicial circuits of the state, whether by specific reference thereto, or the basis of population or by some other method of identification or classification; nor statutes in effect on the effective date of this Code which establish the amount or rate of salary or compensation of any state officer or employee or any other person whose salary or compensation is paid, in whole or in part, by the state, or which establish minimum or maximum amounts of salary or compensation, or which provide additional compensation for the performance of specified services or duties; nor statutes relating to the swamp and overflowed lands; nor statutes relating to the public debt or authorizing the issuance of bonds or other evidence of indebtedness by the state or any county, municipality, political subdivision or agency thereof; nor statutes appropriating funds; nor any act submitting an amendment to the Constitution or any act to be effective upon the adoption of such an amendment to the Constitution; nor statutes becoming effective after the effective date of this Code.
(Code 1852, §10; Code 1867, §10; Code 1876, §10; Code 1886, §10; Code 1896, §10; Code 1907, §10; Code 1923, §11; Code 1940, T. 1, §9.)
All laws and all statutes or parts of statutes which are repealed or abrogated by this Code, or are repugnant to any law repealed by this Code and which have not been reenacted or consolidated, shall continue to be so repealed or abrogated.
(Code 1907, §13; Code 1923, §15; Code 1940, T. 1, §10.)
[Repealed]
The omission from this Code of any acts heretofore passed which validated any bonds, notes, warrants, certificates or other evidences of indebtedness issued by any city, town, county, county board of education, city board of education or other political subdivision of the state shall in no way operate or be construed to repeal or destroy the effect of any and all of such validating acts where said validating acts have been otherwise lawfully passed and are not in conflict with the Constitution of the United States or the State of Alabama.
(Code 1940, T. 1, §15.)
(a) The classification and organization of the titles, chapters, articles, divisions, subdivisions and sections of this Code, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference or presumption of a legislative construction shall be drawn therefrom.
(b) Unless otherwise provided in this Code, the descriptive headings or catchlines immediately preceding or within the text of the individual sections of this Code, except the section numbers included in the headings or catchlines immediately preceding the text of such sections, do not constitute part of the law, and shall in no manner limit or expand the construction of any such section. All historical citations and notes set out in this Code are given for the purpose of convenient reference, and do not constitute part of the law.
(a) Unless otherwise indicated in the context, references in this Code to titles, subtitles, chapters, articles, divisions, subdivisions or sections shall mean titles, subtitles, chapters, articles, divisions, subdivisions or sections of this Code.
(b) Whenever any reference is made to any portion of this Code or any other law, the reference applies to all amendments thereto.
If any provision of this Code or any amendment hereto, or any other statute, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Code or such amendment or statute that can be given effect without the invalid provisions or application, and to this end, the provisions of this Code and such amendments and statutes are declared to be severable.
Alabama shall have an official coat of arms which shall be as follows: a shield upon which is carried the flags of four of the five nations which have at various times held sovereignty over a part or the whole of what is now the State of Alabama: Spain, France, Great Britain and the Confederacy. The union binding these flags shall be the shield of the United States. The shield upon which the flags and shield of the United States are placed shall be supported on either side by an eagle. The crest of the coat of arms shall be a ship representing the “Badine” which brought the French colonists who established the first permanent white settlements in the state. Beneath the shield there shall be a scroll containing the sentence in Latin: “Audemus jura nostra defendere,” the English interpretation of which is “We Dare Maintain Our Rights.” The word “Alabama” shall appear beneath the state motto.
(Acts 1939, No. 140, p. 176; Code 1940, T. 55, §1.)
The coat of arms of Alabama as described in heraldic terms shall be as follows: arms: quarterly, the first azure three fleur de lis or (for France); second quarterly first and fourth gules a tower tripple towered or, second and third argent a lion rampant gules (for Spain); third azure a saltire argent and gules over all a cross of the last fimbriated of the second (for Great Britain); fourth gules of a saltire azure, fimbriated argent 13 mullets of the last (for the Confederacy); at center in escutcheon chief azure paly argent and gules 13 (for United States) arms supported by two American eagles displayed. Crest: A full rigged ship proper.
(Acts 1939, No. 140, p. 176; Code 1940, T. 55, §2.)
The official coat of arms of the State of Alabama shall be placed above the speaker’s stand in each house of the Alabama Legislature, in the office of the Governor of the state, in the Department of Archives and History and any other department or institution, and shall be used for any other purpose conforming with the dignity of the coat of arms of the state upon approval of the Governor.
(Acts 1939, No. 140, p. 176; Code 1940, T. 55, §3.)
The seal shall be circular, and the diameter thereof two and a quarter inches; near the edge of the circle shall be the word “Alabama,” and opposite this word, at the same distance from the edge, shall be the words, “Great Seal.” In the center of the seal there shall be a representation of a map of the state with its principal rivers. The seal shall be called the “Great Seal of the State of Alabama.” The seal shall be kept and used as required by the Constitution and laws.
(Code 1876, §18; Code 1886, §18; Code 1896, §3727; Code 1907, §1994; Code 1923, §2932; Acts 1939, Ex. Sess., No. 20, p. 22; Code 1940, T. 55, §4.)
The flag of the State of Alabama shall be a crimson cross of St. Andrew on a field of white. The bars forming the cross shall be not less than six inches broad, and must extend diagonally across the flag from side to side.
(Code 1896, §3751; Code 1907, §2058; Code 1923, §2995; Code 1940, T. 55, §5.)
The flag of the state shall be hoisted on the dome of the Capitol when the two houses of the Legislature are in session, and shall be used by the state on all occasions when it may be necessary or customary to display a flag, except when, in the opinion of the Governor, the national flag should be displayed.
(Code 1896, §3752; Code 1907, §2059; Code 1923, §2996; Code 1940, T. 55, §6.)
The bird commonly called the yellow-hammer is hereby designated the state bird.
(Acts 1927, No. 542, p. 628; Code 1940, T. 55, §7.)
The tarpon is hereby designated and named the official state salt water fish of Alabama.
(Acts 1955, No. 564, p. 1226.)
The largemouth bass, Micropterus punctulatus, is hereby designated and named the official fresh water fish of Alabama.
(Acts 1975, No. 1183, §1.)
The racking horse is hereby designated and named the official state horse of Alabama.
(Acts 1975, No. 1153.)
(a) The camellia, Camellia japonica L., is hereby designated and named as the official state flower of Alabama.
(b) The oak-leaf hydrangea, Hydrangea quercifolia Bartr., is hereby designated and named as the official state wildflower of Alabama.
(c) Specimens of the state flower and the state wildflower shall be deposited in the Auburn University Herbarium.
(Acts 1927, No. 541, p. 627; Code 1940, T. 55, §8; Acts 1959, No. 124, p. 646; Act 99-313, §1.)
The southern longleaf pine, Pinus palustris Miller, is hereby designated and named as the official state tree of Alabama. A specimen of the state tree shall be deposited in the Auburn University Herbarium, which is the State Herbarium for Alabama.
(Acts 1949, No. 143, p. 169; Acts 1997, No. 97-548, p. 962, §1.)
Hematite is hereby designated and named the official mineral of the State of Alabama.
(Acts 1967, No. 503, p. 1215.)
Marble is hereby designated and named the official rock of Alabama.
(Acts 1969, No. 755, p. 1334.)
There shall be the honorary office of Poet Laureate of Alabama.
The Writers’ Conclave, a voluntary organization of Alabama historians, playwrights, fiction writers, poets and newspaper writers, may at any annual meeting of said Writers’ Conclave, designate a suitable person to hold the honorary office of Poet Laureate of Alabama; and, upon the election of a nominee by a majority of the membership present and voting, the same may be certified to the Governor of Alabama by the president of said Writers’ Conclave as duly elected to the position, whereupon the Governor shall issue a commission to said Poet Laureate, bearing the Great Seal of the State of Alabama.
The term of office of Poet Laureate of Alabama shall be indeterminate. Vacancies shall be filled by the method described in the preceding paragraph.
No salary or other emoluments of a monetary nature shall be paid to the Poet Laureate of Alabama by the state by virtue of said office.
The Poet Laureate of Alabama may be entitled to wear upon his person as an insignia of the office a small gold medal simulating in design an open book, upon which may be inscribed the title of the office, the name of the incumbent and the date of the commission issued by the Governor, said medal to be provided by the Alabama Writers’ Conclave from its own funds.
(Acts 1931, No. 92, p. 168; Code 1940, T. 55, §9.)
The poem “Alabama,” a gift to the people of the state from Julia S. Tutwiler, together with the original music written for such poem by Edna Gockel-Gussen, which music has been approved and adopted by the Alabama Federation of Music Clubs, is hereby adopted as the state song of Alabama.
(Acts 1931, No. 126, p. 190.)
The wild turkey is hereby designated and named the official state game bird for the State of Alabama.
(Acts 1980, No. 80-734, p. 1490, §1.)
The dance known as the square dance is designated the American folk dance of the State of Alabama.
(Acts 1981, No. 81-48, p. 60.)
The pecan is designated as official state nut of the State of Alabama.
(Acts 1982, No. 82-17, p. 27.)
The Alabama Legislature does hereby designate as the official State of Alabama fossil the “Species Basilosaurus Cetoides.”
No fossil “Species Basilosaurus Cetoides” shall be removed from the State of Alabama, in whole or in part, except by prior written approval of the Governor.
(Acts 1984, No. 84-66, p. 89.)
The annual renaissance faire in Florence, Alabama, is hereby named and designated as the official renaissance faire in the State of Alabama, and said city is now and shall remain as the permanent location of this event.
(Acts 1988, No. 88-43, p. 44.)
The Alabama State Championship Horse Show is hereby designated as the official state championship horse show of Alabama.
(Acts 1988, No. 88-656, p. 1054.)
The Eastern Tiger Swallowtail is hereby designated as the official mascot and butterfly of the State of Alabama.
(Acts 1989, No. 89-676, p. 1341.)
The monarch butterfly is hereby named and designated as the official insect for the State of Alabama.
(Acts 1989, No. 89-935, p. 1842.)
In recognition of its occurrence in the State of Alabama only, Pseudemys alabamensis of the Family Emydidae and Order Testudines, or the Alabama red-bellied turtle, is hereby named and designated as the official reptile for the State of Alabama.
(Acts 1990, No. 90-82, p. 87.)
The Star Blue Quartz is designated as the official gemstone for the State of Alabama.
(Acts 1990, No. 90-203, p. 240.)
The Scaphella junonia johnstoneae is hereby designated as the official shell of the State of Alabama.
(Acts 1990, No. 90-567, p. 964.)
The drama by William Gibson, “The Miracle Worker,” which is performed annually on the grounds of Ivy Green, the birthplace of native Alabamian Helen Keller, is hereby designated as the official outdoor drama of the State of Alabama.
(Acts 1991, No. 91-37, p. 45.)
The Demopolis Christmas on the River Barbecue Cook-off is hereby designated as the official Alabama State Barbecue Championship.
(Acts 1991, 1st Ex. Sess., No. 91-739, p. 116; Acts 1991, 1st Ex. Sess., No. 91-748, p. 126.)
The Dothan Landmarks Parks is hereby designated the official Agricultural Museum for the State of Alabama.
(Acts 1992, No. 92-541, p. 1149.)
The annual fall horseshoe tournament in Stockton, Alabama, is hereby designated as the official championship horseshoe tournament for the State of Alabama.
(Acts 1992, 2nd Ex. Sess., No. 92-697, p. 90.)
The Alabama Theatre for the Performing Arts is designated as the official State Historic Theatre for the State of Alabama.
(Acts 1993, No. 93-26, p. 58; Acts 1993, No. 93-34, p. 67; Acts 1993, No. 93-240, p. 344.)
“The Incident at Looney’s Tavern” is designated as Alabama’s Official Outdoor Musical Drama.
(Acts 1993, No. 93-110, p. 166.)
The Red Hills Salamander, Phaeognathus hubrichti Highton 1961, is hereby designated and named as the official state amphibian of Alabama.
(Act 2000-232, p. 367, §1.)
The Blackberry, Rubus, R. occidentalis, is hereby designated and named as the official fruit of Alabama.
(Act 2004-363, p. 592, §1.)
The Black Bear, subfamily ursinae, Ursus americanus Pollas, 1780, is hereby designated as the official state mammal of Alabama.
(Act 2006-245, p. 443, §1.)
The Peach, Rosaceae, genus Prunus, species P. persica, is hereby designated as the official state tree fruit of Alabama.
(Act 2006-520, p. 1208, §1.)
The West Indian Manatee, family Trichechidae, order Sirenia, species Trichechus manatus, is hereby designated as the official state marine mammal of Alabama.
(Act 2009-488, p. 891, §1.)
The Brown Shrimp, family Penaeidae, order Descapoda, species Penaeus aztecus, is designated as the official State Crustacean of Alabama.
(Act 2015-124, §1.)
The queen honey bee is hereby named and designated as the official agricultural insect for the State of Alabama.
(Act 2015-461, §1.)
The Lane Cake, which originated in Clayton, Alabama, is designated as the official State Cake of Alabama.
(Act 2016-309, §1.)
(a) The Legislature hereby finds and declares the following:
(1) With the passing of the Bicentennial Celebration of Alabama, it has become known that Alabama lacks an official state vegetable.
(2) In 2015, the Alabama Farmers Federation reported that the great State of Alabama ranks sixth among the nation in the production of sweet potatoes; the crop brings an estimated $9 million annually to the state, making it one of Alabama’s main crops.
(3) The sandy loam soil of the state allows sweet potatoes to grow quickly and freely, enabling Alabama to produce some of the largest and tastiest sweet potatoes in the country.
(4) The sweet potato has long been an Alabama staple; delicious sweet potato dishes have been listed in prominent media outlets such as the Food Network as a “top food to eat in Alabama” and in Southern Living Magazine as a Southern holiday tradition.
(5) In light of the above, this body can conjure no better vegetable to represent Alabama, its farmers, and its culinary culture.
(6) This body thanks Kristin Smith of Harvest, Alabama, and her homeschool class for their excellent proposal on behalf of the sweet potato which led to this designation.
(b) The sweet potato is the official state vegetable of Alabama.
(Act 2021-220, §§1, 2.)
(a) The Legislature finds and declares all of the following:
(1) The research and educational programs of the Dauphin Island Sea Lab, established by act of the Legislature in 1971 as the administrative home for the Alabama Marine Environmental Sciences Consortium, serve the citizens of all of Alabama’s counties.
(2) The mission of the Dauphin Island Sea Lab is to serve the general needs of these citizens, all levels of government, and the academic community by improving ocean literacy and providing the best available science for coastal policy, including the production and dissemination of knowledge regarding world oceans, coastal zones, and watersheds; the training of future generations of oceanic and coastal scientists; and the enhancement of public understanding and stewardship of oceanic and coastal resources.
(3) The Dauphin Island Sea Lab serves its mission, in part, by providing an exciting and educational public aquarium whose visual and virtual interactive exhibits, public events, and public excursions highlighting the remarkable diversity of life have been observed by over one million students and other visitors since its opening in 1998.
(4) Designating the Dauphin Island Sea Lab’s “Alabama Aquarium” as the official Aquarium of Alabama is the proper manner of recognizing the benefit and importance of the education offered by the Sea Lab.
(b) The Dauphin Island Sea Lab’s Alabama Aquarium is designated the official Aquarium of Alabama.
(c) The appropriate officials shall place and maintain signs or markers reflecting the designation provided in this section.
(Act 2021-411, §§1-3.)
(a) The Legislature finds all of the following:
(1) George Washington Carver was an agricultural scientist and inventor who developed hundreds of products using peanuts, sweet potatoes, and soybeans. Born into slavery a year before it was outlawed, Carver left home at a young age to pursue an education and would eventually earn a Master’s Degree in Agricultural Science from Iowa State University. He would go on to teach and conduct research at Tuskegee University for decades.
(2) Born on a farm near Diamond, Missouri, the exact date of Carver’s birth is unknown, but it is thought he was born in January or June of 1864.
(3) At a young age, Carver took a keen interest in plants and experimented with natural pesticides, fungicides, and soil conditioners. He became known as “the plant doctor” to local farmers due to his ability to discern how to improve the health of their gardens, fields, and orchards.
(4) In 1894, Carver became the first African American to earn a Bachelor of Science degree. Impressed by Carver’s research on the fungal infections of soybean plants, his professors encouraged him to pursue graduate studies. In 1896, Carver earned his Master of Agriculture degree and immediately received several teaching offers, the most attractive of which came from Booker T. Washington of Tuskegee Institute in Alabama.
(5) Washington convinced the university’s trustees to establish an agricultural school and Carver accepted the offer to run the program and would work at Tuskegee Institute for the remainder of his life. Carver taught there for 47 years, developing the department into a strong research center and working with two additional college presidents during his tenure. He taught methods of crop rotation, introduced several alternative cash crops for farmers that would also improve the soil of areas heavily cultivated in cotton, and initiated research into crop products.
(6) Farmers enjoyed the higher yields of cotton they were achieving as a result of Carver’s crop rotation technique. However, the technique resulted in a surplus of peanuts and other non-cotton products. Carver then worked on finding alternative uses for these products, with his biggest success coming from peanuts. In all, he developed more than 300 food, industrial, and commercial products from peanuts, including milk, flour, Worcestershire sauce, punches, cooking oils, salad oil, paper, dyes, paints, writing ink, cosmetics, soaps, and wood stains.
(7) In 1937, Carver was asked for a list of the peanut products that he had developed. He wrote in reply, “There are more than 300 of them. I do not attempt to keep a list, as a list today would not be the same tomorrow.” However, Carver did write down advice and recipes, which he shared in agricultural bulletins such as “How to Grow the Peanut and 105 Ways of Preparing it For Human Consumption” (1916). Thus, while we cannot see all of Carver’s formulas, Carver’s instructions for peanut soup, peanut bread, peanut cake, and more are still available.
(8) Carver died January 5, 1943, at the age of 79. He was buried next to Booker T. Washington at Tuskegee University. On his grave was written, “He could have added fortune to fame, but caring for neither, he found happiness and honor in being helpful to the world.”
(b) The peanut is designated as the official state legume of Alabama.
(Act 2022-261, §§1, 2.)
(a) The Legislature finds all of the following:
(1) Peanuts and pecans are crops of historical and agricultural significance to the State of Alabama.
(2) The peanut was elevated to its current status by landmark agricultural scientist George Washington Carver’s research at Tuskegee Institute, later renamed Tuskegee University.
(3) In 2021, Alabama ranked 2nd in the nation in peanut production when more than 1,000 Alabama farm families grew over 622 million pounds of peanuts.
(4) The peanut is designated as the official state legume of Alabama.
(5) The pecan is native to the State of Alabama and has been consumed in this region throughout human history.
(6) Alabama is one of only 15 states that produce pecans, with more than 500 farmers dedicating over 8,000 acres to pecan production.
(7) The pecan is designated as the official state nut of Alabama.
(b) The Yellowhammer Cookie, which originated in Montgomery, Alabama, and prominently features peanuts and pecans, is designated as the official State Cookie of Alabama.
(Act 2023-357, §1.)
(a) The Legislature finds and declares all of the following:
(1) Schizachyrium scoparium, commonly known as Little Bluestem, is a warm-season grass native to lower Canada and all of the United States except Nevada and Washington.
(2) Little Bluestem fosters healthier Alabama ecosystems by maintaining ecological balance and creating and enhancing habitats that support environmental heterogeneity.
(3) Little Bluestem is vital to the overall resilience of Alabama ecosystems by combating Alabama’s challenges regarding drought conditions and soil erosion.
(4) Little Bluestem contributes to the overall richness of Alabama’s wildlife. In addition to the structure of Little Bluestem offering cover and nesting sites for birds, insects, and small mammals, the seeds of Little Bluestem serve as a food source for various organisms.
(5) Little Bluestem’s distinctive blue-green foliage and reddish-brown seed heads offer unique aesthetic benefits for the residents and visitors of Alabama by adding to the inherent beauty of Alabama’s landscapes and natural areas.
(6) The planting of Little Bluestem aligns with existing conservation and ecological restoration initiatives in Alabama. Little Bluestem’s inclusion in restoration projects aids in the rehabilitation of degraded ecosystems, particularly in areas impacted by agriculture, urbanization, and other land-use changes.
(b) Little Bluestem, Schizachyrium scoparium, is hereby declared to be the official State Native Grass of Alabama.
(Act 2024-283, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) MISS ALABAMA. The individual selected and recognized by the Miss Alabama Organization to hold the title of Miss Alabama for an annual term.
(2) OFFICIAL STATE AMBASSADOR. An honorary representative designated to promote goodwill and civic engagement and to serve as a public representation of the State of Alabama.
(3) STATE AGENCY. Any department, board, bureau, commission, or office of the State of Alabama, including the Office of the Governor.
(b)(1) Miss Alabama is an official state ambassador for the State of Alabama during her term as Miss Alabama.
(2) The designation of official state ambassador shall only apply during the individual’s term as the recognized Miss Alabama.
(3) Upon the selection of a new Miss Alabama, the designation shall automatically transfer to the new individual recognized as Miss Alabama.
(c) An official state ambassador, upon invitation or coordination with a state agency, may perform the following duties:
(1) Represent the State of Alabama at ceremonial, educational, civic, tourism-related, and economic development events.
(2) Promote Alabama’s communities, culture, history, workforce, military families, and public-service initiatives.
(3) Encourage volunteerism, civic engagement, and charitable service throughout the state.
(4) Serve as a goodwill representative of the state at national or international events when appropriate.
(d) Participation by an official state ambassador in any activity authorized by this section shall be voluntary.
(e)(1) Nothing in this section shall be construed to authorize compensation, salary, stipend, benefits, or reimbursement of expenses to an official state ambassador.
(2) Nothing in this section shall be construed to grant policymaking authority, regulatory authority, or decision-making authority to an official state ambassador.
(f)(1) A state agency may coordinate with an official state ambassador for appearances, outreach efforts, and public engagement activities that are consistent with the mission of the agency.
(2) Nothing in this section requires a state agency to request or use the services of an official state ambassador.
(Act 2026-560, §1.)
This chapter shall be known and may be cited as the “Alabama State Flag Act.”
(Act 2001-472, p. 629, §1.)
The Legislature finds it is appropriate to include within this chapter general history and related information concerning the state flag. The state did not have a flag from 1819 to January 11, 1861, when a resolution was passed designating a flag designed by a group of Montgomery women as the “Republic of Alabama Flag.” One side of this flag displayed, under an arch bearing the words “Independent Now and Forever,” the Goddess of Liberty holding in her right hand an unsheathed sword and in her left hand a small flag with one star. Displayed on the reverse side of this flag were a large cotton plant in full fruit and flower, a coiled rattlesnake, and the Latin words “Noli Me Tangere” (Touch Me Not) beneath the cotton plant. This flag, which flew for about a month, was removed to the Governor’s office on February 10, 1861, apparently suffering damage caused by severe weather. The Republic of Alabama Flag was never flown again.
From April 1865 until 1895, the State of Alabama flew the United States Flag during all official occasions.
The Alabama State Flag as it exists today was adopted on February 16, 1895, pursuant to Act No. 383 of the 1895 Legislature of Alabama (Acts 1894-1895, p. 719), which is codified as Section 1-2-5. Section 1-2-5 provides:
“The flag of the state of Alabama shall be a crimson cross of St. Andrew on a field of white. The bars forming the cross shall be not less than six inches broad, and must extend diagonally across the flag from side to side.”
The St. Andrew’s Cross resembles the letter “X” in the English alphabet and is also referred to as the “saltier” or “Crux Decussata.” According to tradition, Andrew, the brother of Peter, was crucified on a cross of this shape. Andrew did not feel worthy enough to die on the same style of cross on which Christ died and requested a cross of another shape. His request was granted and he was crucified upside down on a cross which now bears his name. Rather than using nails to secure his limbs to the cross, Andrew was bound to the cross with ropes. His suffering was thus prolonged. St. Andrew’s Cross came into wide use during the Medieval Period and became the national cross of Scotland, since St. Andrew was the patron saint of Scotland.
Currently, Alabama law requires the display of the Alabama State Flag at all schools supported by public funds when school is in session. The State Superintendent of Education has determined that the Alabama State Flag must be hoisted on a pole to be appropriately displayed at school buildings.
The salute to the Alabama State Flag provides:
“Flag of Alabama I salute thee. To thee I pledge my allegiance, my service, and my life.”
(Act 2001-472, p. 629, §2.)
For purposes of this chapter and any other provision of general law, appropriate flag display protocol shall expressly include, but not be limited to, the requirement that when flown on the same pole, the order of placement from top to bottom shall be the United States flag, the state flag, and other flags.
(Act 2001-472, p. 629, §3.)
(a) Each county courthouse and courthouse annex in which a court sits on a regular basis shall prominently display the Alabama State Flag, in accordance with appropriate flag display protocol, on a flag pole or flag poles located near the main entrance of the courthouse and the courthouse annex. If the main entrance of a courthouse annex is clearly visible from the main entrance of the courthouse, or if the courthouse and courthouse annex are attached, the flag may be located near the main entrance of the courthouse only.
(b) Unless otherwise acquired pursuant to gift, donation, or other means, the flags and flag poles required by this section shall be purchased by the county within three years after August 1, 2001.
(Act 2001-472, p. 629, §5.)
(a) Each state, county, and municipal law enforcement agency headquarters, including the headquarters for state troopers, peace officers, marine police officers, and local police officers, shall prominently display the Alabama State Flag, in accordance with appropriate flag display protocol, on a flag pole or flag poles located near the main entrance of the building.
(b) Unless otherwise acquired pursuant to gift, donation, or other means, the flags and flag poles required by this section shall be purchased by the applicable law enforcement agency within three years after August 1, 2001.
(c) Any municipality with a population of 1,000 or less, according to the most recent federal decennial census, shall be exempt from this section unless other flags are being flown in the municipality by the municipality.
(Act 2001-472, p. 629, §6.)
(a) Each state park or historic site administrative building, which is located on park property and open to the general public, shall prominently display the Alabama State Flag, in accordance with appropriate flag display protocol, on a flag pole or flag poles located near the main entrance of each administrative building.
(b) Unless otherwise acquired pursuant to gift, donation, or other means, the flags and flag poles required by this section shall be purchased by the applicable park or historic site within three years after August 1, 2001.
(Act 2001-472, p. 629, §7.)
(a) Each facility or building located in this state that is affiliated with any department or agency of the state and supported in whole or in part by public funds, shall prominently display the Alabama State Flag, in accordance with appropriate flag display protocol, on a flag pole or flag poles located near the main entrance of each facility or building. Any facility or building that is not in public view or open to the general public, or is used only for storage or other warehouse purposes, may be exempt from the requirements of this section at the discretion of the director or chief official of the department or agency.
(b) Unless otherwise acquired pursuant to gift, donation, or other means, the flags and flag poles required by this section shall be purchased by the applicable department or agency within three years after August 1, 2001.
(Act 2001-472, p. 629, §8.)
(a) Each municipal building located in this state which is open to the general public and supported in whole or in part by public funds, shall prominently display the Alabama State Flag, in accordance with appropriate flag display protocol, on a flag pole or flag poles located near the main entrance of each building.
(b) Unless otherwise acquired pursuant to gift, donation, or other means, the flags and flag poles required by this section shall be purchased by the applicable municipality within three years after August 1, 2001.
(c) Any municipality with a population of 1,000 or less, according to the most recent federal decennial census, shall be exempt from this section unless other flags are being flown in the municipality by the municipality.
(Act 2001-472, p. 629, §9.)
On and after July 1, 2009, each state-owned building and each state park at which the flag of the United States is displayed and each rest area along the state and interstate highway systems may also display a POW-MIA flag, if such flags are available free of charge to the agency that occupies the building, to the state park, or to the rest area and if such display is in accordance with federal laws and regulations.
(Act 2009-574, p. 1686, §1.)
The governing body of any political subdivision of the state or any state agency may display the national motto of “In God We Trust” in and on public buildings and public vehicles, including, but not limited to any of the following:
(1) School classrooms.
(2) Courthouses.
(3) Libraries.
(4) Office buildings.
(5) Law enforcement or service vehicles.
(Act 2018-272, §2.)
The common law of England, so far as it is not inconsistent with the Constitution, laws and institutions of this state, shall, together with such institutions and laws, be the rule of decisions, and shall continue in force, except as from time to time it may be altered or repealed by the Legislature.
(Code 1907, §12; Code 1923, §14; Code 1940, T. 1, §3.)
When by law a bond is required, an undertaking without seal is sufficient, and must be taken in all respects as if the same were a sealed instrument.
(Code 1852, §9; Code 1867, §9; Code 1876, §9; Code 1886, §9; Code 1896, §9; Code 1907, §9; Code 1923, §10; Code 1940, T. 1, §4.)
(a) In any instance where any bond, warrant, note or certificate is issued by any county, municipality, board of education or public corporation in this state and is required or permitted to be executed or attested by more than one person, a facsimile of the signature of any one or more of the persons or officers executing or attesting the same may be imprinted or otherwise reproduced on such instrument; provided, that at least one signature so required shall be manually subscribed thereon. In any instance where any interest coupons are attached to any such bond, warrant, note or certificate in evidence of installments of interest payable thereon, a facsimile of any or all of the signatures required or permitted thereon may be imprinted or otherwise reproduced thereon, and it shall not be necessary that any signature be manually inscribed on any such interest coupon. Any signature required or permitted to be placed on any such instrument for the purpose of attesting or authenticating the same, or certifying to the registration or validation thereof, or certifying to any other matter pertaining thereto, may be imprinted or otherwise reproduced thereon in facsimile, and it shall not be necessary that such signature be manually inscribed thereon. Any seal required or permitted to be affixed or impressed on any such instrument may be imprinted or otherwise reproduced thereon in facsimile.
(b) Notwithstanding the fact that, prior to delivery of any bond, warrant, note or certificate executed as provided in the preceding subsection, any of the officers whose signatures appear thereon should cease to hold office, such instrument shall be valid to the same extent as if the officers whose signatures appear thereon were serving as such officers at the time of such delivery.
(c) This section shall not be construed to repeal any other law authorizing the execution with facsimile signatures of, or the reproduction of facsimile seals on, bonds, warrants, notes or certificates for the payment of money.
(Acts 1959, No. 259, p. 823.)
The fiscal year of the government shall commence on the first day of October and end on the thirtieth day of September. This fiscal year shall be used for purposes of making appropriations and of financial reporting and shall be uniformly adopted by all departments, institutions, bureaus, boards, commissions and other state agencies.
(Code 1852, §371; Code 1867, §424; Code 1876, §355; Code 1886, §112; Code 1896, §2011; Code 1907, §614; Code 1923, §822; Acts 1932, Ex. Sess., No. 37, p. 35; Code 1940, T. 1, §13.)
The one hundred twentieth day after the first day of the first regular legislative session held next after the publication by the federal government of the regular federal decennial population census for Alabama is hereby fixed as the date for any reclassification under any law requiring classification based on such said census. The provisions of this section shall not apply to any law which provides for the levying or collection of license taxes on a population basis or the distribution of state and county collected or administered revenue or funds on a population basis, and the population as disclosed by any federal decennial census, as soon as the same is proclaimed, published or certified by the Director of the United States Census Bureau, shall be used in administering any such law.
(Acts 1939, No. 233, p. 388; Code 1940, T. 1, §14; Acts 1951, No. 174, p. 415; Acts 1961, No. 97, p. 114.)
In all counties and cities where officials are paid on a salary basis instead of a fee basis, all fees required under the terms of this Code to be paid to or collected by such officials shall be paid by said officials into the treasury of the county or municipality or to the official performing the duties of county treasurer or municipal treasurer except as otherwise provided by law.
(Acts 1935, No. 194, p. 256; Code 1940, T. 1, §16.)
In any case or matter in which the giving or serving of any notice, subpoena, citation or other writing by registered mail is authorized or required by law, such notice, subpoena, citation or other writing may be given or served by certified mail in lieu of registered mail. The person mailing such notices, subpoenas, citations or other writings shall stipulate that the delivery thereof shall be limited to the addressee only in those instances in which the law requires such limited delivery when service is by registered mail and shall demand a “return receipt” in those instances in which the law requires a “return receipt” when service is by registered mail. Whenever any statute authorizes or requires giving or serving any notice, subpoena, citation or other writing by registered mail, such statute shall be construed to authorize such giving or serving thereof also by certified mail.
(Acts 1956, 2nd Ex. Sess., No. 35, p. 319.)
(a) The following days are official state holidays:
(1) New Year’s Day, January 1.
(2) Martin Luther King, Jr.‘s birthday and Robert E. Lee’s birthday, the third Monday in January.
(3) George Washington’s birthday and Thomas Jefferson’s birthday, the third Monday in February.
(4) Confederate Memorial Day, the fourth Monday in April.
(5) Memorial Day, the last Monday in May.
(6) Jefferson Davis’ birthday, the first Monday in June.
(7) Juneteenth, June 19.
(8) The Fourth of July, July 4.
(9) Labor Day, the first Monday in September.
(10) Columbus Day, Fraternal Day, and American Indian Heritage Day, the second Monday in October.
(11) Veterans’ Day, November 11.
(12) Thanksgiving Day, as designated by the Governor.
(13) Christmas Day, December 25.
(b) If any holiday falls on Sunday, the following day is the holiday. If any holiday falls on Saturday, the preceding day is the holiday.
(c) All state holidays shall be observed by the closing of all state offices. In addition, Veterans’ Day shall be observed by the closing of all county and municipal offices and all public K-12 schools, and Memorial Day shall be observed by the closing of all public K-12 schools and all public two-year and four-year institutions of higher education.
(d) The Superintendent of Banks, with the concurrence of not less than two members of the state Banking Board, may authorize the closure of state banks in observance of any state or federal holiday and on any other days as may be declared by the Governor to be a state holiday in honor of a special event. If a state holiday falls on Friday, the Superintendent of Banks may authorize the Saturday following that Friday to be a holiday. The superintendent may also authorize the closing of banks at 12:00 noon on the day prior to Christmas Day, and the day prior to New Year’s Day, if the holidays fall on business days.
(e)(1) In addition to the state holidays provided in subsection (a), Mardi Gras shall be deemed a holiday in Baldwin and Mobile Counties, and all state offices shall be closed in those counties on Mardi Gras.
(2) All state employees other than those employed in Baldwin and Mobile Counties shall be granted one personal leave day per year. The personal leave day shall be granted on January 1 of each year. All state employees employed in Baldwin and Mobile Counties shall be granted no personal leave day. All personal leave days granted in any year pursuant to this subdivision shall be used by the end of the calendar yearand must be scheduled during the year with the approval of the supervisor. Supervisors failing to schedule personal leave days for employees shall justify that action in writing to the Director of State Personnel and the employee shall receive pay at a rate not less than the employee’s usual and customary rate of pay for any personal leave day not taken by December 31 of each year.
(f)(1) Any state office may remain open on a state holiday upon written notice by the appointing authority to the State Personnel Board at least 60 days in advance of the holiday. In addition, any state office may be opened in the event of an emergency, and the State Personnel Board may grant a blanket approval for the opening of state offices needing to be open on holidays on a regular basis for essential services.
(2) Any state employee working on a state holiday shall receive a day of compensatory leave or paid compensation in lieu of the holiday. Each employee shall attempt to schedule any compensatory leave day provided in lieu of a regularly scheduled holiday, subject to the approval of his or her supervisor, during the quarter that the regularly scheduled holiday occurred. If any compensatory leave day cannot be scheduled during the designated quarter, the compensatory leave day may be accumulated at the request of the employee for up to one year. Supervisors failing to schedule compensatory leave days for employees within the quarter, unless the day is carried forward at the request of the employee, shall justify that action in writing to the Director of State Personnel and the employee shall receive pay at a rate not less than the employee’s usual and customary rate of pay for any compensatory leave day to which the employee may be entitled and which has not been taken.
(g)(1) The first day in December of each year is designated as Mrs. Rosa L. Parks Day in this state. All citizens of this state are requested to devote some portion of Mrs. Rosa L. Parks Day to commemorate the accomplishments of Mrs. Rosa L. Parks, a woman of great courage, vision, love, and faith who helped usher in the modern civil rights movement on December 1, 1955, by refusing to give up her seat on a bus in Montgomery, Alabama. Each resident of this state is requested to observe the day with appropriate activities.
(2) Each county and municipality may elect to observe Mrs. Rosa L. Parks Day as a holiday.
(Code 1852, §1528; Code 1867, §1836; Code 1876, §2097; Code 1886, §1759; Code 1896, §872; Code 1907, §§5141, 5144; Acts 1909, No. 146, p. 126; Acts 1911, No. 142, p. 120; Acts 1915, No. 287, p. 318; Acts 1919, No. 640, p. 885; Code 1923, §9212, 9215; Acts 1933, Ex. Sess., No. 173, p. 183; Code 1940, T. 39, §184; Acts 1951, No. 760, p. 1318; Acts 1965, No. 549, p. 811; Acts 1969, Ex. Sess., No. 218, p. 286; Acts 1969, No. 978, p. 1724; Acts 1969, No. 1103, p. 2040; Acts 1971, 1st Ex. Sess., No. 49, p. 87; Acts 1975, 1st Ex. Sess., No. 46, p. 94, §1; Acts 1980, No. 80-578, p. 890, §1; Acts 1984, No. 84-271, p. 456; Acts 1989, No. 89-789, p. 1576, §§1-3; Acts 1991, No. 91-250, p. 475, §1; Act 2000-114, p. 167, §1; Act 2002-390, p. 981, §1; Act 2018-527, §1; Act 2025-303, §1.)
(a) The Legislature finds and declares the following:
(1) In 1962, President John F. Kennedy declared May 15 as National Peace Officers’ Memorial Day, in honor of the American law enforcement officers who have been killed in the line of duty.
(2) The National Fraternal Order of Police initiated an annual service in 1982 to honor and remember fallen law enforcement officers.
(3) Since 1983, the Alabama State Fraternal Order of Police has annually held a Fallen Officer Memorial Service in honor of Alabama officers killed in the line of duty. This service is traditionally held on the south lawn of the State Capitol on the first Friday in May.
(4) Since its inception, Alabama’s Fallen Officer Memorial Service has honored 598 officers, and the service has provided comfort to the families who have lost loved ones in the line of duty.
(b)(1) The first Friday in May of each year is designated as Alabama Peace Officers’ Memorial Day. On this day, the Alabama State Fraternal Order of Police may host a Fallen Officer Memorial Service on the south lawn of the State Capitol. All residents of this state are urged to devote some portion of Peace Officers’ Memorial Day to reflect upon the sacrifice of Alabama law enforcement officers who were killed in the line of duty and to honor their selfless contributions to the livelihoods of their fellow Alabamians.
(2) Each county and municipality may designate the first Friday in May as Alabama Peace Officers’ Memorial Day.
(Act 2023-118, §1.)
(a) This section shall be known and may be cited as the Alabama Legal Tender Act.
(b) Any refined gold or silver bullion, specie, or coin that has been stamped, marked, or imprinted with its weight and purity shall be recognized as legal tender in the State of Alabama.
(c) No person shall be required to offer or accept any recognized legal tender as described in subsection (b) for payment of debts, deposit, or any other purpose, nor shall any person incur any liability for refusing to offer or accept such legal tender, except as specifically provided for by contract or otherwise required by law.
(Act 2025-123, §1, 2.)
(a) This section shall be known and may be cited as the Gulf of America Act.
(b) For all purposes within the State of Alabama, the body of water that borders the coast of Alabama, previously known as the Gulf of Mexico, shall be known as the “Gulf of America.” Any reference to the Gulf of Mexico shall be deemed to be a reference to the Gulf of America.
(c) Beginning October 1, 2026, all state and local entities and their employees shall be required to do all of the following:
(1) Refer to the body of water that borders the coast of Alabama as the “Gulf of America.”
(2) Reflect the “Gulf of America” terminology in all newly created maps, documents, educational materials, websites, official communications, and other resources.
(3)a. Make reasonable efforts to update all pre-existing resources owned by state and local entities, including, but not limited to, official state maps, documents, educational materials, websites, and communications under their jurisdiction to reflect the name change, where practicable.
b. The requirements of paragraph a. shall not apply if compliance would impose an operational or financial burden on the state or local entity and their employees.
(d) Nothing in this section shall prohibit a public K-12 school or public institution of higher education from using the term “Gulf of Mexico” within a larger course of academic instruction when reasonable for historical purposes.
(Act 2026-364, §§1-3.)
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