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title-31•Title 31 — Military Affairs and Civil Defense
(a) The county commission of each county shall cause to be prepared and furnished to each judge of probate a well-bound book of record, the back or side of which shall bear the following words, “Record of Releases from Active Duty from the United States Army, Air Force, Coast Guard, Navy, or Marine Corps.” The pages of the book of record shall correspond with the printed matter appearing on a release from active duty from the military service of the United States of America, with sufficient blank spaces reserved thereon for the copying therein of the data and information appearing on a release from active duty, which may be presented to the judge of probate for record, as provided in this section.
(b) Any person who holds a release from active duty, or DD Form 214, from the United States Army, Air Force, Coast Guard, Navy, or Marine Corps may present the DD Form 214 to the judge of probate of the county wherein he or she resides, and the judge of probate shall cause the same to be recorded in the book described in subsection (a). There shall be no fee charged for this service.
(c) (1) When a release from active duty is recorded as provided in this section, the record of certified copies of a DD Form 214 appearing in the book of record shall be confidential. It shall be unlawful for any person to permit inspection of any such record, to disclose information contained in any such record, or to issue a copy of all or any part of such record except as authorized herein or by order of a court of competent jurisdiction. Upon presentation of proper identification, any of the following persons may examine the record or obtain free of charge a copy or certified copy of all or part of the record:
a. The person who is the subject of the record.
b. The spouse or next of kin of the person who is the subject of the record.
c. A person named in an appropriate power of attorney executed by the person who is the subject of the record.
d. The administrator, executor, guardian, or legal representative of the person who is the subject of the record.
e. An attorney for any person specified in paragraphs a. to d., inclusive.
f. A county veteran service officer or an assistant county veteran service officer.
(2) Records kept pursuant to this subsection shall not be reproduced or used in whole or in part for any commercial or speculative purpose. Any individual, agency, or court which obtains information shall not disseminate or disclose such information or any part thereof except as authorized herein or otherwise by law. A violation of this subsection shall constitute a misdemeanor and shall be punished by a fine not to exceed five thousand dollars ($5,000). The clerk of the court shall not be liable and shall be held harmless for any act of any person who copies, reproduces, or uses records in violation of this subsection.
(Acts 1931, No. 742, p. 859; Code 1940, T. 60, §§50, 51, 52; Act 2003-302, p. 720, §1; Act 2004-488, §1.)
Any veteran, eligible for a loan pursuant to the “Servicemen’s Readjustment Act of 1944” or any amendments thereto, or under any similar federal or state acts, who may be a minor, is hereby empowered with his or her spouse, if any, who may be a minor, to contract liability in this state for repayment of a loan or loans pursuant to the acts. Notwithstanding any contrary provision of law, such veteran or his or her spouse shall not void any such contracts because of his or her age, nor shall such veteran or his or her spouse hereafter interpose the defense in any action arising out of any loan pursuant to such acts that he or she were minors at the time of executing such contracts.
(Acts 1945, No. 116, p. 109.)
(a) There is hereby created in the State Military Department a revolving fund for the payment of operating and maintaining quarters at Alabama National Guard training sites for senior officers and enlisted personnel.
(b) There is hereby appropriated and allocated to the State Military Department for the revolving fund a one-time sum of $25,000.00 from the State General Fund for payment of salaries, janitorial supplies, equipment, furnishings, and other essential expenses to operate, maintain, and enhance billeting facilities for troops utilizing the training site facilities.
(c) The $25,000.00 herein appropriated and allocated shall be designated as the Military Department Billeting Revolving Fund and shall be used only for the purpose of providing services, supplies, equipment and furnishings necessary to operate, maintain, and enhance the senior officer and enlisted quarters at such training sites, and that the revolving fund shall, upon proper billing, be reimbursed by payments made thereto for use of the facilities by military members in accordance with applicable federal regulations and procedures promulgated and prescribed by the Adjutant General.
(d) The revolving fund hereby created shall remain in operation from year to year and shall be used solely and exclusively for the purpose of providing a method of payment for expenses associated with the operation, maintenance and enhancement of billeting facilities at Alabama National Guard training sites. Funds over and above those required for operating and maintaining the facilities may be used to procure equipment and furnishings to enhance the appearance and upgrade the facility. The Military Department Billeting Revolving Fund shall file with the state Executive Budget Office an annual billeting revolving fund budget; however, profits above necessary operating and maintenance costs may be invested in equipment and furnishings after the tenth month of the fiscal year without regard to the budget projections. Procurement of equipment and furnishings shall be in accordance with state procedures and shall be picked up on state personal property records.
(e) The revolving fund hereby created by the one-time appropriation provided herein, and the receipts from charges for use of training site facilities shall be placed on deposit with the State Treasury and earmarked separately as the Military Department Billeting Revolving Fund. The funds provided herein and receipts for use of facilities shall not revert to the General Fund at the end of any fiscal year but shall be encumbered and carried over from year to year.
(Acts 1985, No. 85-638, p. 970.)
(a) The county commission of each county of the state shall allow use of an appropriate meeting room in the county courthouse or other county building by any local veterans’ organization to conduct regular and special business meetings.
(b) The term “veterans of the United States” as used in subsection (a) includes any person, male or female, who served on active duty, whether commissioned, enlisted, inducted, appointed, or mustered into the military or naval service of the United States and who has been discharged or released from that service under conditions other than dishonorable.
(c) The term “local veterans’ organization” as used in subsection (a) shall mean any local chapter of a veterans’ organization officially recognized by the State Board of Veterans’ Affairs and which is statutorily authorized to make nominations to the board or a local chapter of a veterans’ organization which has a national charter authorized by an Act of Congress and shall include but not be limited to local chapters of the Alabama Department of the American Legion, the United Spanish American War Veterans, The Veterans of Foreign Wars, the Disabled American Veterans, Veterans of WWII of the USA Incorporated, AMVETS, ALAVETS, and American Ex-Prisoners of War, Incorporated.
(d) The county commission may make reasonable rules to implement the provisions of this section which shall include but not be limited to the security of court rooms and other county facilities, length and hours of proposed meetings, the number of meetings requested in any period of time, and conflicts involving simultaneous requests of two or more local veterans organizations. The county commission shall not be required to provide meeting space for any organization that fails to abide by the reasonable rules promulgated by the county commission any provision of this section to the contrary notwithstanding. No meetings authorized under this section shall involve fund raising activities.
(Acts 1993, No. 93-637, p. 1093, §1.)
(a)(1) The Legislature finds that the State Military Department has numerous items of U.S. military history including, but not limited to, equipment, uniforms, and weapons, which the department has in storage and which could be housed and made available for public display in a historical museum dedicated to the United States Armed Forces and United States Military history.
(2) The Legislature further finds that the Baldwin County Commission has expressed an interest in planning, developing, and supporting a historical museum in Baldwin County dedicated to the United States Armed Forces and United States Military history.
(b) The purpose of this section is to designate Baldwin County as the site of a future historical museum dedicated to the United States Armed Forces and military history in order for the Baldwin County Commission to take further actions for the planning, development, location, fund raising, and support of a museum.
(c) Baldwin County is designated as the site for a historical museum dedicated to the United States Armed Forces and United States Military history, and the Baldwin County Commission may take any actions it deems necessary, including, but not limited to, the planning, development, location, fund raising, and support of the museum.
(d) The State Military Department may take actions to support a museum as provided in this section, but this section shall not be interpreted as appropriating any state funds for the purpose of this section.
(Act 2012-521, p. 1546, §§1, 2.)
(a) This section shall be known and may be cited as the Military Family Jobs Opportunity Act.
(b) Except as provided in subsection (h), and notwithstanding other provisions of law, this section shall apply to any board, agency, commission, or other entity providing professional licenses or certificates, or both, for the purpose of employment in the State of Alabama. On or before January 1, 2023, each board, agency, or commission providing professional licenses or certificates, or both, shall adopt rules in conformity with this section for the purpose of implementing its requirements. The rules shall provide a method of accomplishing both of the following:
(1) The issuance of a license or certificate to an eligible individual, within 30 days of application, if the certification or license of the original issuing state or governing body is similar to that requested from this state, as provided in subsection (d).
(2) A procedure for authorizing an eligible individual to perform professional services regulated by the board, agency, or commission in this state pursuant to a temporary permit, effective for at least 360 days, while the board, agency, or commission deliberates the application to obtain a license or certificate in this state, as provided in subsection (d).
(c) For the purposes of this section, an “eligible individual” is any individual who satisfies all of the following:
(1) Is the spouse of any of the following:
a. An active duty, reserve, or transitioning member of the United States Armed Forces, including the National Guard, or a surviving spouse of a service member who, at the time of his or her death, was serving on active duty, who is relocated to and stationed in the State of Alabama under official military orders. For the purposes of this paragraph, a “transitioning member” is on active duty status or on separation leave who is within 24 months of retirement.
b. An individual currently employed by the United States Department of Justice or any of its encompassed offices, agencies, institutes, and bureaus, including, but not limited to, the Federal Bureau of Investigation (FBI), the U.S. Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Drug Enforcement Administration (DEA), and the United States Marshal Service (USMS), who is relocated to Alabama by order of his or her employer.
c. An individual currently employed at the National Aeronautics and Space Administration who is relocated to Alabama by order of his or her employer.
d. An individual currently employed in Alabama as a civil servant for the United States Department of Defense.
(2) Has not committed or participated in an act that would constitute grounds for refusal, suspension, or revocation of a professional license or certificate.
(3) Has not been disciplined by an authorized entity or under investigation, in any jurisdiction, in relation to a professional license or certificate.
(d) Any eligible individual under subsection (c) who possesses a valid license or certificate, in good standing, in another state, district, or territory of the United States, or in any branch of the United States Armed Forces, including the National Guard, which is substantially similar to the license issued by the appropriate board, agency, or commission in the State of Alabama shall be approved to continue work in his or her profession upon relocation to the State of Alabama for such time as normally allotted with receipt of a license or certificate from the appropriate board, agency, or commission. Upon completion of an application, an authorized board, agency, or commission shall expedite the application according to statute, adopted rules, or if applicable, at the next scheduled licensure proceeding for an eligible individual under subsection (c).
(e) Any board, agency, or commission in the State of Alabama may establish reciprocity with other states for military spouse professional licensing and certification.
(f) Any board, agency, commission, or other entity providing professional licenses or certificates, or both, for the purpose of employment in this state, which is created after April 6, 2018, shall adopt the rules required by this section within one year after the date of its initial organizational meeting.
(g) Any board, agency, commission, or other entity providing professional licenses or certificates, or both, for the purpose of employment in the state, shall waive the initial licensing fee for the eligible individual upon application by the eligible individual in a manner prescribed by the board, agency, commission, or other entity. The board, agency, commission, or other entity shall process an application for a fee waiver within 30 days after receiving the application.
(h) This section does not apply to the practice of law or the regulation of attorneys, any license or registration issued by the Securities Commission under the Alabama Securities Act, any certification issued by the Alabama Peace Officers’ Standards and Training Commission, or the practice of any profession regulated by the Alabama State Board of Pharmacy, Board of Optometry, Board of Dental Examiners, State Board of Chiropractic Examiners, Alabama Liquefied Petroleum Gas Board, or State Board of Medical Examiners.
(Act 2012-533, p. 1580, §§1-5; Act 2018-540, §1; Act 2022-92, §1; Act 2023-200, §1.)
(a) As used in this section, the following terms shall have the following meanings:
(1) CAREGIVER. The same meaning as provided in 38 U.S.C. § 1720G(d), or its successor, if any.
(2) FAMILY CAREGIVER. The same meaning as provided in 38 U.S.C. § 1720G(d), or its successor, if any.
(3) FORMER PRISONER OF WAR. The same meaning as provided in 38 U.S.C. § 101, or its successor, if any.
(4) MEDAL OF HONOR RECIPIENT. The same meaning as provided in 10 U.S.C § 1074H(c), or its successor, if any.
(5) SERVICE-CONNECTED. The same meaning as provided in 38 U.S.C. § 101, or its successor, if any.
(6) VETERAN. The same meaning as provided in 38 U.S.C. § 101, or its successor, if any.
(b) In addition to all other benefits, the following persons shall be permitted to use the facilities owned by the Alabama National Guard on the same basis as a member of the United States Armed Forces who is entitled to retired or retainer pay:
(1) A veteran who is a Medal of Honor recipient.
(2) A veteran who was awarded the Purple Heart.
(3) A veteran who is a former prisoner of war.
(4) A veteran with a service-connected disability.
(5) A caregiver or a family caregiver of a veteran.
(c) The Adjutant General of the Alabama National Guard is authorized to adopt rules necessary to implement this section.
(d) Nothing in this section is deemed to limit the authority of the Alabama National Guard to control access to locations or facilities in order to maintain security and good order.
(Act 2021-427, §1.)
(a) The United States Space Force was established on December 20, 2019, under the National Defense Authorization Act as the first new branch of the United States Armed Forces in 73 years.
(b) The mission of the United State Space Force is to conduct global space operations to enhance joint and coalition military operation.
(c) All verbal and written collective references to the United States Armed Forces shall include the United States Space Force.
(Act 2023-279, §1; Act 2023-330, §1)
(a) The United States has eight uniformed federal services that commission officers under Title 10 of the United States Code, consisting of the six Armed Forces of the United States (United States Army, United States Navy, United States Marine Corps, United States Air Force, United States Coast Guard, and the United States Space Force) along with the Public Health Service Commissioned Corps and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
(b) Officers of the Public Health Service Commissioned Corps and the National Oceanic and Atmospheric Administration Commissioned Officer Corps have uniforms, service insignia, and commissioning devices comparable to the United States Armed Forces, may be militarized by the President, and can be classified as prisoners of war if captured by a belligerent entity. They are paid on the same scale as members of the United States Armed Forces, with respective rank and time-in-grade.
(c) All verbal and written collective references to the United States Uniformed Services shall include the Public Health Service Commissioned Corps and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
(Act 2023-518, §2.)
The following definitions shall be used in construing, interpreting, enforcing, and applying the provisions of this chapter or any provision of any other act affecting the militia, the Military Department, or any parts thereof:
(1) ARMED FORCES OF THE STATE OF ALABAMA. The National Guard to include army, air, and space, the Alabama State Guard, and the Naval Militia.
(2) NATIONAL DEFENSE ACT. Title 32, United States Code, and amendments thereto, and that body of laws enacted by Congress relating to the reserve components of the Armed Forces of the United States and amendments thereto, heretofore or which may hereafter be enacted.
(3) REGULATIONS OF THE DEPARTMENT OF DEFENSE. All regulations or directives issued by the Secretary of Defense or by the appropriate secretary of a service in the Department of Defense, including the Chief of the National Guard Bureau.
(4) UNIFORM CODE OF MILITARY JUSTICE. Chapter 47, Title 10, United States Code, and all amendments heretofore or hereafter enacted, and all executive orders and regulations pursuant thereto.
(5) UNIT DESIGNATIONS. Headquarters, company, troop, battery, battalion, flight, group, brigade, squadron, regiment, division, wing, or other unit designations used by the National Guard shall be in accordance with the common usage or regulations of the United States Armed Forces.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §1; Acts 1973, No. 1038, p. 1572, §1; Act 2022-88, §1.)
The militia of this state shall consist of all able-bodied male citizens, and all other able-bodied males who have declared their intention to become citizens of the United States, between the ages of 17 and 45, and who are residents of the state, and of such other persons, male and female, as may upon their own application, be enlisted or commissioned therein pursuant to any provisions of this chapter, subject, however, to such exceptions and exemptions as are now, or may hereafter be created by the laws of the United States, or by the Legislature of this state, it being specifically provided that, in the event federal laws or rules and regulations promulgated pursuant thereto authorize and permit service in units or organizations of the organized militia, as defined in this chapter, by persons of more than 45 years of age, such persons are hereby authorized to continue to serve in the organized militia for so long as may be allowed by such laws, rules, or regulations, all other conditions, qualifications or requirements as to eligibility for service being complied with. All affairs pertaining to the state military forces shall be administered by the State Military Department, which shall be headed by the Adjutant General, who shall be responsible to the Governor as Commander in Chief.
(Acts 1957, No. 591, p. 828, §1; Acts 1973, No. 1038, p. 1572, §2.)
The militia of the state shall be divided into the organized militia, the retired list, and the unorganized militia, which together shall constitute the state military forces. The organized militia shall be composed of: An army national guard, an air national guard, and a space national guard, which forces, together with an inactive national guard, shall comprise the Alabama National Guard; the Alabama Naval Militia; and the Alabama State Guard, whenever any of the forces are organized by the Governor pursuant to existing laws. The National Guard, army, air, or space, shall consist of organizations and units that the Commander in Chief may from time to time authorize to be formed, all to be organized in accordance with the laws of the United States affecting the National Guard, army, air, and space, and the regulations issued by the appropriate Secretary of the Department of Defense.
(Acts 1957, No. 592, p. 829, §2; Acts 1973, No. 1038, p. 1572, §3; Act 2022-88, §1.)
The Naval Militia of Alabama shall consist of the regular enlisted militia between the ages of 18 and 45 years, organized, armed, and equipped as hereinafter provided, and commissioned officers between the ages of 19 and 64, but enlisted men may continue in the service after the age of 45 and until the age of 64 years, provided the service is continuous.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §4; Acts 1973, No. 1038, p. 1572, §4.)
The unorganized militia shall consist of all able-bodied male resident citizens of the state and all able-bodied resident males who have declared their intention to become citizens of the United States, between the ages of 17 and 45, and of such other persons, male and female, as may, upon their own application, be enlisted or commissioned therein, subject to any existing law, who are not serving in any force of the organized militia and who are not on the state retired list.
(Acts 1957, No. 592, p. 829, §3; Acts 1973, No. 1038, p. 1572, §5.)
The officers, judicial and executive, of the government of the United States and the State of Alabama, persons in the Armed Forces of the United States, customhouse clerks, persons employed by the United States in the transmission of the mails, artisans and workmen employed in the armories, arsenals and navy yards of the United States, and pilots and mariners actually employed in the sea service of any citizen or merchant within the United States shall be exempt from militia duty, without regard to age, and all persons who, because of religious belief, shall claim exemption from military service, if the conscientious holdings of such belief shall be established under such regulations as the President of the United States or the Governor of Alabama shall prescribe, shall be exempted from the militia service in a combatant capacity, but no person so exempted shall be exempt from militia service in any capacity that the President of the United States or the Governor of Alabama shall declare to be noncombatant.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §6; Acts 1973, No. 1038, p. 1572, §6.)
In time of peace, the state shall maintain only such troops as may be authorized by the President of the United States, but nothing in this chapter shall be construed as limiting the rights of the state in the use of the National Guard and State Guard and equipments issued the National Guard by the state and the United States within its boundaries in time of peace, and nothing contained in this chapter shall prevent the organization and maintenance of the state police or constabulary.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §7; Acts 1973, No. 1038, p. 1572, §7.)
In the event of all or part of the National Guard of Alabama being called, drafted, or ordered into the service of the United States, the Governor may organize, equip, train, and maintain, only during periods when the National Guard of Alabama is in the federal service or when the Governor declares by executive order, at the strength and in the organizations and branches of the service as he or she may deem advisable, a temporary augmentation force designated as the Alabama State Defense Force, for the purpose of augmenting and assisting the Alabama National Guard under the command of the Adjutant General. The Adjutant General may adopt rules governing the activities and employment of the Alabama State Defense Force and the rules may be amended from time to time as determined necessary by the Adjutant General.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §8; Acts 1973, No. 1038, p. 1572, §8; Acts 1983, 4th Ex. Sess., No. 83-924, p. 206, §1; Act 2012-565, p. 1677, §1.)
In the event the provisions of Section 31-2-8 become operative, then the Governor and the Adjutant General shall have all the power, authority, duties, and rights in relation to the Alabama State Defense Force as they have in relation to the National Guard of Alabama not in federal service, and all sections of this chapter so applying shall likewise apply to the State Defense Force; except, that the State Defense Force shall be free from any federal control, and those provisions of this chapter relating to such federal control or regulations shall not apply to the organization, maintenance or training of the State Defense Force when called to duty as the Alabama State Defense Force.
(Acts 1973, No. 1038, p. 1572, §9; Acts 1983, 4th Ex. Sess., No. 83-924, p. 206, §1.)
(a) All regular military appropriations made for the purpose of recruiting, organizing, and maintaining the National Guard of Alabama or Naval Militia shall, in the event the National Guard is disbanded, abandoned, or called to federal active duty, be available and is hereby appropriated to the Alabama State Defense Force for the same purposes and for the purpose of organizing, maintaining, and training the Alabama State Defense Force under complete state control.
(b) Special military appropriations made for the purpose of paying costs incident to emergency state military service are hereby made available for the purposes of paying the expenses of the Alabama State Defense Force.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §§9, 10; Acts 1973, No. 1038, p. 1572, §10; Acts 1983, 4th Ex. Sess., No. 83-924, p. 206, §1.)
Owing to liability to call for military duty during their term of service, every officer and enlisted man of the National Guard, Naval Militia and Alabama State Guard when activated in lieu of the National Guard, shall be exempt from state jury duty during his active membership, any local or special laws to the contrary notwithstanding. The commanding officer of any unit shall furnish each member of his unit applying for same such certificate of membership as may be prescribed by the Adjutant General, signed by such commanding officer, which certificate shall be accepted by any court as proof of exemption as provided by this section. Such certificate shall be effective for the calendar year in which it is issued or until such member is discharged or separated, whichever is sooner.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §11; Acts 1973, No. 1038, p. 1572, §11.)
(a) There shall be exempt from the operation of the privilege or license tax and registration fee now or hereafter to be levied on automobiles and motor vehicles by the State of Alabama, one passenger vehicle owned by any active member of the Alabama National Guard or the Alabama State Guard when organized in lieu of the National Guard. Each active member of the National Guard shall be entitled to an exemption for only one vehicle. The exemption shall be claimed upon presentation of proper identification on forms prescribed by the Adjutant General. Active members of the National Guard may obtain additional license plates for other passenger vehicles which they own by paying the regular privilege or license tax provided by law.
(b) There shall be exempt from the operation of the privilege or license tax and registration fee now or hereafter to be levied on automobiles and motor vehicles by the State of Alabama, one passenger vehicle owned by any retired member of the Alabama National Guard with 20 years or more service. Each retired member with 20 years or more service shall be entitled to an exemption for only one vehicle, which shall be claimed upon presentation and proper identification on forms prescribed by the Adjutant General. Retired members of the Alabama National Guard may obtain additional license plates for passenger vehicles which they own upon presentation and proper identification on forms prescribed by the Adjutant General and by paying the regular privilege license tax as provided by law.
(Acts 1973, No. 1038, p. 1572, §12; Act 2000-754, p. 1709, §2; Act 2015-506, 1st Sp. Sess., §1.)
(a) Military leave of absence. All officers and employees of the State of Alabama, or of any county, municipality, or other agency or political subdivision thereof, or officers or employees of any public or private business or industry who are active members of the Alabama National Guard, Naval Militia, the Alabama State Guard organized in lieu of the National Guard, the civilian auxiliary of the United States Air Force known as the Civil Air Patrol, the National Disaster Medical System, or of any other reserve component of the uniformed services of the United States, shall be entitled to military leave of absence from their respective civil duties and occupations on all days that they are engaged in field or coast defense or other training or on other service ordered under the National Defense Act, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, or of the federal laws governing the United States reserves, without loss of pay, time, efficiency rating, annual vacation, or sick leave. Notwithstanding the foregoing, no person granted a leave of absence with pay shall be paid for more than 168 working hours per calendar year, and those persons shall be entitled, in addition thereto, to be paid for no more than 168 working hours at any one time while called by the Governor to duty in the active service of the state. This section shall apply to all schools and institutions of learning supported by state funds.
(b) Credit for active federal service. Service in the National Guard or Naval Militia of Alabama, when called, drafted, or ordered into the service of the United States, shall be considered as equivalent service in the Alabama National Guard or Naval Militia for any and all state purposes regarding privileges, honors, pay, allowances, and exemptions provided by law for members of the National Guard and Naval Militia of Alabama.
(Acts 1936, Ex. Sess., No. 143, p. 105; Acts 1939, No. 509, p. 774; Code 1940, T. 35, §§12, 13; Acts 1959, No. 588, p. 1476; Acts 1973, No. 1038, p. 1572, §13; Acts 1995, No. 95-256, p. 429, §1; Act 2010-259, p. 467, §1; Act 2010-535, p. 904, §1.)
(a) Persons required to give bond. Any person to whom public or military property is issued at any time, or to whom any public money is paid or who disburses any such funds, may be required to give bond in a surety company conditioned faithfully to perform the duties of his office, in such amounts and under such rules and regulations established by the Adjutant General, to use all care in the safekeeping of military stores and property committed to his custody, to account for the same and to deliver to his successor, or to any other person authorized to receive the same, all such military property and to properly account for all public money received by him, and for all public money disbursed, the bonds to be approved by the Adjutant General, and the premiums thereon to be paid by the state; provided, that no person shall be held liable for loss of public money deposited in any state or national bank, said loss being occasioned by reason of failure of such bank or the forfeiture of its charter. This provision shall be retroactive in all cases recommended by the State Military Advisory Board and approved by the Governor.
(b) Liability of bonded persons for losses. No commissioned officer or other person giving bond for the safekeeping of military arms or other public or military property is to be held liable for loss by fire, riot or insurrection, or other casualty of the service, unless held liable by a board of survey or a surveying officer who shall be appointed by and whose findings shall be approved by the Governor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §§14, 15; Acts 1973, No. 1038, p. 1572, §14.)
The Governor shall, when necessary, designate a depository or depositories for the undistributed military property of the state, or in the custody of the state, which shall be maintained at the expense of the state. Any portion of any regular appropriation for the support of the Military Department and militia which is unexpended and unobligated after the expiration of the eleventh month of any fiscal year shall be available for use in building, rebuilding, repairing, enlarging, equipping, and maintaining a centrally located depository, arsenal, military warehouse, shop, and garage for the purposes named above and for the upkeep and repair of such property, and shall also be available for the payment of expenses and obligations of the Armory Commission of Alabama in carrying out its duties, or for providing necessary office furniture, equipment, or supplies for the headquarters and units of the Alabama National Guard, in accordance with priorities established by the Adjutant General.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §16; Acts 1973, No. 1038, p. 1572, §15.)
Any officer or enlisted man of the armed forces of the state detailed for duty by the Governor and while performing such duty under travel orders by the Governor or the Adjutant General, shall be paid the same amount of per diem as a federal active duty officer or enlisted man would be allowed.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §17; Acts 1973, No. 1038, p. 1572, §16.)
It shall be unlawful for any person not an officer, warrant officer, or enlisted man of the United States Armed Forces to wear the duly prescribed uniform or any distinctive part thereof, of the uniform of the United States Armed Forces, within the boundaries of the State of Alabama; provided that the foregoing provisions shall not be construed so as to prevent officers, warrant officers, or enlisted men of the National Guard or Naval Militia, or such other organizations as the Secretary of Defense shall designate, from wearing the prescribed uniform, nor to prevent persons who in time of war have served honorably as officers of the United States Armed Forces, regular or volunteer, whose most recent service was terminated by an honorable discharge, muster out or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they held by brevet or other commission in such regular or volunteer service; nor to prevent any person who has been honorably discharged from the United States Armed Forces, regular or volunteer, from wearing his uniform from the place of his discharge to his home within three months after his discharge; nor to prevent the members of military societies composed entirely of honorably discharged officers, warrant officers, or enlisted men or both of the United States Armed Forces, regular or volunteer, from wearing upon occasions of ceremony the uniform duly prescribed by such societies to be worn by the members thereof; nor to prevent the instructors and members of the duly organized cadet corps of a state university, state college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school; nor to prevent the instructors or members of a duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as an instructor in military science and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for wear by such instructors and members of such cadet corps; nor to prevent civilians attendant upon a course of military or naval instruction authorized by the military or naval authorities of the United States from wearing, while in attendance upon such a course, the uniform authorized and prescribed by such military authorities during such course of instruction; nor to prevent any person from wearing the uniform of the United States Armed Forces in any playhouse or theater or in a moving picture film, while actually engaged in portraying therein a military or naval character not tending to bring discredit upon the United States Armed Forces; provided further, that the uniform worn by officers and enlisted men of the National Guard or by members of the military societies or the instructors and members of the cadet corps referred to above shall include the distinctive mark or insignia prescribed by the Secretary of Defense to distinguish such uniform from the uniform of the United States Armed Forces; and provided further, that nothing in this chapter shall prohibit the uniformed rank of fraternal societies parading or traveling in a body or assembling in a lodge room; provided further, that whenever the National Guard or a part thereof is in active service, no fraternal organization or members thereof shall parade or appear in uniform in the locality where the National Guard is in service; and, provided further, that this section shall not apply to cadets or Boy Scouts. Any person who violates any provision of this section is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than $10.00 nor more than $250.00, or by imprisonment in the county jail for a period not exceeding 60 days, or by both fine and imprisonment.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §18; Acts 1973, No. 1038, p. 1572, §17.)
(a) It shall be unlawful for any person to appear in any public place or in the public view attired in any uniform similar to that worn by the military, semimilitary, naval, police, storm troop, or other official or semiofficial forces of any foreign state, nation or government, or attired in any distinctive part or parts of such a uniform, and to assemble with other persons similarly attired in any camp, drill ground, or other place for the purpose of engaging in military drill or training or other military purposes.
(b) It shall be unlawful for any person to appear in any public place or in the public view attired in the uniform or wearing the distinctive garment of any association of persons of whatsoever nature or form which engages in, adopts, or imitates the drill formations, salutes, or other methods or practices or the symbols of any foreign military, semimilitary, naval, police, storm troop, or similar foreign organization, and, so attired, to assemble with other persons similarly attired in any camp, drill ground, or other place for the purpose of engaging in military drill or training or other military practices.
(c) It shall be unlawful for the proprietor, manager, or keeper of any place of public meeting, resort or amusement to permit therein any assemblage of persons attired as prohibited in this section.
(d) This section shall not apply to the officers or members of the military, semimilitary, naval, police, or other official or semiofficial forces of any foreign state, nation, or government lawfully within the State of Alabama, any veterans’ organization chartered by Act of Congress, the Boy Scouts of America, any student of any school or academy recognized by the Board of Education of the State of Alabama, nor to the members of the cast of any stage or motion picture production characterizing the officials of a foreign state, nation, or government; provided, however, that in any prosecution under this section, it shall be presumed that a person (1) wearing the uniform of a foreign state, nation, or government or of any of its official or semiofficial forces or (2) attired in any distinctive part or parts of such a uniform, was not at the time of the alleged violation of this section a member of any of the organizations excepted in this subsection.
(Acts 1939, No. 619, p. 987, §1; Code 1940, T. 35, §18(1); Acts 1973, No. 1038, p. 1572, §18.)
Any person who knowingly violates any of the provisions of Section 31-2-18 shall, upon conviction, be subject to a fine of not more than $1,000.00, or imprisonment for a period of not more than one year, or to both such fine and imprisonment.
(Acts 1939, No. 621, p. 988, §2; Code 1940, T. 35, §18(2); Acts 1973, No. 1038, p. 1572, §19.)
Any member of the National Guard or Naval Militia of Alabama who shall wear the uniform or equipment or any part of articles of uniform or equipment issued by the United States, or owned by the State of Alabama, while not on duty, without authority, shall be punished as a court-martial shall direct.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §26; Acts 1973, No. 1038, p. 1572, §27.)
Any proprietor, manager, or employee of any public place within this state who discriminates against any person lawfully wearing the uniform of any branch of the Armed Forces of the United States or the State of Alabama because of that uniform shall be guilty of a misdemeanor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §19; Acts 1973, No. 1038, p. 1572, §20.)
When troops of any branch of the Armed Forces of the United States or the State of Alabama are at drill in their respective armories, on the streets, public roads or other places where such drills are conducted, or while going to or returning from such duty, or when they are performing other duties required of them by the United States or the State of Alabama, it shall be unlawful for any person to make any disloyal or insulting remark, either to or about the troops, or to make any motion or gesture calculated to insult or humiliate the troops because of their being in such service, and any person guilty of making such disloyal remarks or of making any such sign, motion, or gesture, for the purpose and in the manner aforesaid, shall be guilty of a misdemeanor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §20; Acts 1973, No. 1038, p. 1572, §21.)
All arms, equipment, and ordnance stores which shall be furnished to the several commands under the provisions of this chapter shall be deposited in the armories, headquarters or grounds of the commands for safekeeping.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §21; Acts 1973, No. 1038, p. 1572, §22.)
All commissioned officers of the National Guard and Naval Militia of this state shall exercise the strictest care and vigilance for the preservation of the equipment, arms, and uniforms and military property furnished to their several commands under the provisions of this chapter, and in case of any loss thereof or damage thereto by reason of the neglect or default of any such officer to exercise such care and vigilance he shall be liable to trial by court-martial for neglect of duty.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §22; Acts 1973, No. 1038, p. 1572, §23.)
Any officer receiving public property for military use shall be accountable and responsible for the articles so received by him, and he shall not transfer such property, or any portion thereof, to another, either as a loan or permanently, without the authority of the Adjutant General, but the Adjutant General shall have authority to order this transfer, either as a loan or permanently, whenever in his discretion the good of the service requires it, of any property of the state in the custody of the militia between different units and headquarters. An officer shall be liable to make good to the state all such property defaced, injured, destroyed, or lost by any neglect or default on his part in an action instituted in the name of the state by the Attorney General when so requested by the Adjutant General. The Adjutant General shall be the exclusive custodian of all state property in the custody of the militia, or of any unit or headquarters thereof, and he shall maintain a perpetual inventory thereof, and shall prescribe reasonable rules and regulations for the care, accountability, responsibility, and disposition thereof.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §23; Acts 1973, No. 1038, p. 1572, §24.)
Upon the disbandment of any organization which has received arms, equipment or stores from the state in accordance with the provisions of this chapter, the commissioned officers of such organizations shall be responsible for the safe return to the custody of the Adjutant General of all public property in possession of the organization, and for any loss or damage thereto, compensation shall be obtained from the officer responsible for such property in the manner provided in Section 31-2-25.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §24; Acts 1973, No. 1038, p. 1572, §25.)
No officer or enlisted man shall use, except upon military duty or by special permission of his commanding officer, any articles of military property belonging to the United States or the State of Alabama, and upon the use of such property for private purposes, without legal authority, he shall be guilty of a misdemeanor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §25; Acts 1973, No. 1038, p. 1572, §26.)
Every officer and enlisted man to whom any articles of military property are delivered in pursuance of the provisions of this chapter, shall be held personally responsible for their care, safeguarding, and return. He shall use the same for military purposes only, and upon receiving discharge or otherwise leaving the military service, or upon demand of his commanding officer, shall forthwith surrender and deliver up the property to the commanding officer in as good order and condition as the same was at the time of receiving it, reasonable use and ordinary wear thereof excepted.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §27; Acts 1973, No. 1038, p. 1572, §28.)
Whoever shall wilfully or maliciously destroy, injure, or deface any arms or articles of military property belonging to the United States or the State of Alabama shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding double the value of the property so injured or defaced, or may be imprisoned in jail for not more than one year, either or both.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §28; Acts 1973, No. 1038, p. 1572, §29.)
The clothes, arms, accoutrements, and military property of every character furnished by or through the state to any member of the armed forces of the state shall not be sold, bartered, loaned, exchanged, pledged, or given away, and no person not a member of the armed forces of the state or the United States or a duly authorized agent of this state or the United States, who has possession of such clothes, arms, accoutrements, and military equipment so furnished and which have been the subject of any such unlawful disposition shall have any right, title, or interest thereof, but the same shall be seized and taken wherever found by any military officer of the state, and shall thereupon be delivered to any commanding officer or other officer authorized to receive the same, who shall make an immediate report to the Adjutant General. The possession of any such clothes, arms, accoutrements and military equipments by any person not a member of the armed forces of this state or any other state or the United States shall be presumptive evidence of such sale, barter, loan, exchange, pledge or gift.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §29; Acts 1973, No. 1038, p. 1572, §30.)
Any person who sells, pawns, purchases, retains or has in his possession or custody, without right, any military property belonging to this state or the United States, or any unit of the armed forces of the state, and who, after proper demand, refuses to deliver the same to any officer entitled to take possession thereof, is guilty of a misdemeanor if the value of such property is $500.00 or less, and is guilty of a felony if the value of such property exceeds $500.00. Any person belonging to the armed forces of the state who, contrary to the order of the proper officer, retains in his possession or control any military property of this state or of the United States is guilty of a misdemeanor if the value of such property is $500.00 or less, and is guilty of a felony if the value of such property exceeds $500.00. Any commanding officer may take possession of such military property mentioned in this section wherever the same may be found, and upon conviction of either such misdemeanor or felony, the guilty party shall be fined a sum equal to double the value of the articles in question. When a commander knows the whereabouts of any such person unlawfully retaining such property, he may make a written request on the sheriff of the county in which the person may be located to seize such property, giving a full description of such property, and any sheriff receiving such a request shall promptly seize such property, if the person and the property be found in his county, and forward the same to the officer making the request. The sheriff or other officer making such seizure shall be entitled to receive compensation therefor as for like service in civil cases, together with necessary expenses of transporting such property, the same to be paid in the same manner as provided for other fees in Section 31-2-106; provided, however, that any person claiming lawful possession or ownership of property thus seized may at any time within six months bring suit for the recovery thereof, or its monetary value, against the officer directing its seizure. Such suit may be brought either in the county of seizure or in the county where the defendant resides, but such property shall not be restored to such claimant until after final judgment in his favor, unless he makes bond with sufficient surety for double the value of the property involved.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §§30, 31; Acts 1973, No. 1038, p. 1572, §§31, 32.)
Whenever any military property of the United States or the State of Alabama shall have been lost, damaged, or destroyed, and upon report of a disinterested survey officer, it shall appear that the loss, damage, or destruction of the property was due to carelessness or neglect, or that its loss, damage, or destruction could have been avoided by the exercise of reasonable care, the money value of such property shall be charged to the accountable and responsible officer, warrant officer, or enlisted man, and the pay of such officer, warrant officer, or enlisted man, from both federal and state funds at any time accruing, may be stopped and applied to the payment of any such indebtedness until the same is discharged.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §32; Acts 1973, No. 1038, p. 1572, §33.)
Any officer, warrant officer, enlisted man, or any other person who fails to make any report required of him by law concerning arms and other military equipment, or funds appropriated for military purposes must, on conviction, be fined not less than $50.00.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §33; Acts 1973, No. 1038, p. 1572, §34.)
Whenever it is ascertained by the Adjutant General of the state or the United States property and fiscal officer or the state property and disbursing officer of the National Guard of Alabama, that any member of the armed forces of the state is unable properly to account for all property and money for which he is accountable and responsible he shall give immediate notice thereof to the Attorney General of the state for action against such person and his bondsman, if applicable, and the Attorney General is hereby authorized and required to bring such action.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §34; Acts 1973, No. 1038, p. 1572, §35.)
All matters relating to the organization, discipline, and government of the National Guard and Naval Militia not otherwise provided by law or by regulations shall be decided by the custom and usage of the United States Armed Forces.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §35; Acts 1973, No. 1038, p. 1572, §36.)
Any citizen of this state may accept and hold a commission or warrant or enlisted membership in the armed forces of the state and reserve components of the United States without vacating any civil office, position, or commission held by him. The acceptance or holding of any such military or naval commission or membership and the receipt of pay therefrom shall not constitute such holding of an office of privilege and trust under the government of this state and of the United States as shall be incompatible with holding of any civil office, executive, legislative, or judicial, or position or commission under the government of this state.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §37; Acts 1973, No. 1038, p. 1572, §37.)
Subject to the restrictions of the National Defense Act and other federal laws governing the armed forces, the Governor may annually order into the service of the state the whole or such portion of the armed forces of the state as he may deem proper, the period of such service to be fixed by the Governor subject to the restrictions mentioned above. When ordered into the service of the state, when rations are not furnished by the United States government, the state shall furnish rations for the officers, warrant officers, and men, of the same quality as rations furnished the Armed Forces of the United States, and pay such other expenses of the encampment or cruise as the Governor may deem proper, including the traveling expenses of officers, warrant officers, and enlisted men incurred in obeying such orders, when such expenses are not paid by the government of the United States.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §38; Acts 1973, No. 1038, p. 1572, §38.)
The armed forces of the state ordered into the service of the state for the enforcement of the law, the preservation of the peace, or for the security of the rights and lives of citizens or protection of property in aid and relief of citizens in disaster, or any similar duty, or any other service that the Governor may for specific reasons so designate, shall be deemed to be in the active military or naval service of the state. Officers, warrant officers, and enlisted personnel employed under orders of the Governor or of the Adjutant General in recruiting, making tours of instruction, inspection of troops, armories, storehouses, campsites, rifle ranges, and military property, sitting on general, special, and summary courts-martial and deck courts, boards of examination, courts of inquiry, or boards of officers making and assisting in physical examinations shall be deemed to be in the active military or naval service of the state when it is so specified in orders. Orders shall specify in every case if pay is to be allowed and what expenses incident to travel are authorized. In the discretion of the Governor, ordered armory drills and other military or naval exercises and training, and periods of annual field training or annual cruises ordered and authorized by competent authority, may be construed as “in the active military or naval service of the state,” but only if such duty is paid for solely from state funds and no federal funds are used.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §39; Acts 1973, No. 1038, p. 1572, §39.)
No officer or member of the armed forces of the state shall incur any expenses whatsoever to be paid by the state, except such expenses as are authorized in this chapter, without first obtaining the consent of the Governor or of the Adjutant General; provided that in extreme emergencies, the commanding officer of any unit of the armed forces of the state in the active military or naval service of the state or undergoing field training may hire, rent, or make purchases of such necessities as are absolutely required for the immediate use and care of his command in the execution of such training or of the mission for which he is in the active military or naval service of the state. A report of such action, containing a statement of the articles hired, rented, or purchased, the price thereof and the necessity therefor, shall be immediately forwarded through channels to the Adjutant General of the state, who shall forward such statement to the Governor with his recommendations and, if approved, it shall be paid out of the proper fund as if it had been purchased or contracted in the proper manner.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §40; Acts 1973, No. 1038, p. 1572, §40.)
The commanding officer of any camp or garrison shall enforce all state and federal sanitation laws within the limits prescribed in this chapter.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §42; Acts 1973, No. 1038, p. 1572, §41.)
AMENDED BY ACT 2026-491, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
Any present or former officer, warrant officer, or enlisted man who shall have faithfully served in the National Guard or Naval Militia for an aggregate of six years, shall have conferred upon him the right to wear the Faithful Service Cross, which shall be awarded by order of the Governor and furnished at the expense of the state. Any officer, warrant officer, or enlisted man of the National Guard or Naval Militia of this state who shall have served an aggregate of 30 days in the active military service of the state, in the aid of civil authorities in upholding the law and preserving order, protecting lives and property, in the aid and relief of citizens in disaster and other similar service, duly ordered by the Governor, shall have conferred upon him the right to wear the Special Service Medal, which shall be awarded by order of the Governor and furnished at the expense of the state. Any officer, warrant officer, or enlisted man of the National Guard or the Naval Militia of this state who shall have faithfully served in the National Guard or Naval Militia of this state an aggregate of 20 years, shall have conferred upon him the right to wear the Veterans Service Medal, which shall be awarded by order of the Governor and furnished at the expense of the state. Service in the organizations of the National Guard or Naval Militia called, drafted, or ordered into the service of the United States shall be credited as active service in the National Guard or Naval Militia of this state for the purposes named in this section, when the soldier or sailor is a member of the National Guard or Naval Militia on the date of federal call, draft, or order, and this provision shall be retroactive so as to include service in any war or during acts of hostility. The Special Service Medal may also be awarded for such special individual acts as the Military Advisory Board may determine to be meritorious and the Governor may approve, without regard to the period of time involved or the date of the act.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §43; Acts 1973, No. 1038, p. 1572, §42.)
Retirement of officers, warrant officers, and enlisted men from the Alabama National Guard shall be in conformity with the applicable statutes and regulations relating to the United States Armed Forces and reserve components thereof.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §44; Acts 1973, No. 1038, p. 1572, §43.)
Officers, warrant officers, and enlisted men of the National Guard or Naval Militia of Alabama, after being called, drafted, or ordered into the federal service, shall, upon being relieved from active duty in the military and naval service of the United States, as individuals and units revert to their National Guard or Naval Militia status and shall continue to serve in the National Guard or Naval Militia until the dates upon which their enlistments, entered into prior to the call, draft, or order into the active service of the United States, would have expired if uninterrupted.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §46; Acts 1973, No. 1038, p. 1572, §44.)
Under the provisions of such rules and regulations as shall be approved by the Governor, and for a period of not more than five days following the day of the call, draft, or order into the service of the United States, the State of Alabama may pay from the special military appropriations of the State of Alabama any expenses that are deemed wise and just by the Governor and necessary to the immediate comfort and health of the members of the National Guard and Naval Militia of Alabama, when such expenses cannot be authorized and paid by the federal government.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §47; Acts 1973, No. 1038, p. 1572, §45.)
During the absence of any unit of the National Guard or Naval Militia of Alabama in the service of the United States, its state designation shall not be given to a new organization.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §49; Acts 1973, No. 1038, p. 1572, §46.)
The Commander in Chief may at any time, in order to execute the law, suppress riots or insurrections, or to repel invasion, or for the purpose of aid and relief of citizens in disaster, in addition to the active National Guard, the inactive National Guard, and the Naval Militia, order out the whole or any part of the unorganized militia. When the armed forces of the state, or a part thereof, are called to duty under the Constitution and laws of the United States or the Constitution and laws of this state, the Governor shall first order out for service the National Guard or Naval Militia, or such part thereof as may be necessary, and, if the number available be insufficient, he may then order out such part of the unorganized militia, as he may deem necessary.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §54; Acts 1973, No. 1038, p. 1572, §47.)
Whenever any part of the unorganized militia is ordered out for active military service, or other service which may be necessary in the discretion of the Governor, it shall be governed by the same rules and regulations, and be subject to the same penalties, as the National Guard or Naval Militia. The Governor, in his discretion, may appoint and commission emergency officers in the state militia at any time. Such commissions shall expire at the end of five years from the effective date thereof.
(Acts 1936, Ex. Sess., No. 143, p. 105; Acts 1939, No. 509, p. 774; Code 1940, T. 35, §53; Acts 1973, No. 1038, p. 1572, §48.)
The Governor shall, when ordering out the unorganized militia, designate the number. He may order them out either by call for volunteers or draft. The unorganized militia may be attached to the several organizations of the National Guard or Naval Militia, or organized into separate divisions, brigades, regiments, battalions, companies, or detachments as the Governor may deem best for service. He shall appoint the commissioned officers and warrant officers in the same manner as provided in this chapter for the appointment of officers and warrant officers of the National Guard and Naval Militia.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §55; Acts 1973, No. 1038, p. 1572, §49.)
If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county or city who are to make the draft and prescribe rules and regulations for conducting the same, which shall conform as nearly as possible to the selective service machinery that is now or may hereafter be provided for by the government of the United States in a national crisis.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §56; Acts 1973, No. 1038, p. 1572, §50.)
Every member of the militia ordered out for duty or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be guilty of a misdemeanor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §57; Acts 1973, No. 1038, p. 1572, §51.)
The Governor of Alabama, or any other person lawfully administering the duties of the office of the Governor of the state, shall be Commander in Chief of all the military and naval forces of the state, except when they shall be called or ordered into the service of the United States, and he shall have the power to embody the militia to repel invasion, suppress insurrection, and enforce the execution of the laws, but shall not command personally in the field unless advised to do so by resolution of the Legislature.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §58; Acts 1973, No. 1038, p. 1572, §52.)
(a) The Governor of Alabama, as Commander in Chief, shall have power and is hereby authorized and directed to alter, increase, divide, annex, consolidate, disband, organize, or reorganize any organization, department, or unit, so as to conform as far as practicable to any organization, system, drill, instruction, type of uniform or equipment, or period of enlistment now or hereafter prescribed by the laws of the United States and rules and regulations promulgated thereunder by the Secretary of Defense for the organization, armament, training, and discipline of the militia or National Guard, or by the Secretary of the Navy for the organization, armament, training, and discipline of the Naval Militia. For that purpose, the number of officers, warrant officers, and enlisted men of any grade in any organization, corps, detachment, headquarters, or staff may be increased or diminished and the grade and number of such officers, warrant officers, and enlisted men may be altered to the extent necessary to secure, as far as practicable, such conformity.
(b) The Governor, as Commander in Chief, shall have the power in case of war, invasion, insurrection, riot, tumult, breach of peace, natural disaster, or imminent danger thereof, to call or order all or any portion or class of the armed forces of the state into the active military or naval service of the state, to increase the land and naval forces of this state and to organize the same in accordance with the existing rules and regulations governing the armies of the United States, or in accordance with such other system as the Governor may consider the exigency to require, and such organization and increase may be either pursuant to, or in advance of, any call, draft, or order of the President of the United States.
(c) The Governor may authorize all or any part of the National Guard or Naval Militia to participate in any drill, parade, review, or other public exercise, or to engage in service for escort duty, and may prescribe all regulations and requirements therefor, and such expenses incidental thereto as he may authorize shall be paid as provided in this chapter for the militia in the active military or naval service of the state.
(d) The Governor of Alabama, as Commander in Chief, is hereby authorized and empowered to do and perform all acts, and to make and publish such rules and regulations, and to organize and maintain the National Guard and the Naval Militia of Alabama in every respect up to the standards required by the laws and regulations of the United States now existing or which may hereafter be enacted for the benefit of the National Guard and Naval Militia of the United States.
(e) The Governor, as Commander in Chief, is authorized to call out all or any such portion of the National Guard as he may deem advisable, upon his determination that a state of emergency exists.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §59; Acts 1973, No. 1038, p. 1572, §53; Acts 1980, No. 80-360, p. 480.)
The personal military staff of the Governor shall consist of one officer with the rank of colonel and as many other officers as the Governor may consider appropriate with the rank of lieutenant colonel or commander, all of whom shall be appointed and commissioned by the Governor and shall hold office at his pleasure. All such officers shall be commissioned in the State Militia as aides-de-camp to the Governor, but no such officer shall be barred, by reason of being a member of the staff, from holding an active commission in the Alabama National Guard or the Alabama State Guard or a reserve commission in the Armed Forces of the United States or any civil office or employment under this state or any agency or political subdivision thereof. No member of the staff shall by virtue of such membership exercise any command or control over any part of the Alabama National Guard.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §61; Acts 1973, No. 1038, p. 1572, §54.)
There shall be a Governor’s flag of the following design and specifications. A flag of the same colors, dimensions, proportions, and description as prescribed for the flag of the State of Alabama. In addition thereto, there shall appear, in the field in the upper angle formed by the arms of the St. Andrew’s Cross, the coat of arms or Great Seal of the State of Alabama and, in the field in the lower angle formed by the arms of the St. Andrew’s Cross, there shall appear the military crest of the State of Alabama. A Governor’s flag may be purchased out of the regular or special military appropriations of the state for each Governor, or should he or his heirs so desire, the flag shall become his personal property or the property of his family at the expiration of his term of office, or at his death should he die before his term of office is completed.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §62; Acts 1973, No. 1038, p. 1572, §55.)
Officers and enlisted men and women of the headquarters and headquarters detachment of the Alabama Army, Air, and Space National Guard shall be selected and appointed from among the active or inactive members of the National Guard by the Adjutant General in the same manner as for other units.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §63; Acts 1947, No. 626, p. 479, §2; Acts 1973, No. 1038, p. 1572, §56; Act 2022-88, §1.)
Exhibitions of various kinds and boxing, sparring, wrestling, and other athletic matches and contests may be held in the armories or on the adjacent grounds of any National Guard or Naval Militia Unit or post, under supervision and control of the board of control of such armory, provided such use does not interfere with the military or naval use of such armory or grounds. All revenues derived from the operation of such exhibitions, matches, or contests, or from the lease of armories or adjacent grounds for such purposes, shall be covered into the proper unit or station board of control fund in accordance with regulations prescribed by the Adjutant General. Units of the National Guard or Naval Militia shall not be required to obtain any authority, permission or license from any agency of the state or any political subdivision thereof to conduct or hold any such exhibitions, matches, or contests, or to lease armories or grounds to any person for the holding of such, and all such exhibitions, matches, and contests so held under authority of this chapter shall be exempt from the payment of any and every form of license or taxation, either state, county, or municipal. It shall be the duty of the Adjutant General to promulgate and enforce rules and regulations governing such use of armories and grounds, leases thereof for such purposes, and the admissions or rentals to be charged therefor.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §65; Acts 1947, No. 626, p. 479, §4; Acts 1973, No. 1038, p. 1572, §57.)
All members of the federally recognized headquarters and headquarters detachment, Alabama Army, Air, and Space National Guard, who are full-time military employees of the state, and other members of the headquarters and headquarters detachment, Alabama Army, Air, and Space National Guard, as the Governor may deem necessary, shall, if authorized by federal military laws and authorities when they or the National Guard and Naval Militia are ordered into the federal service in case of a national crisis, be assigned to duty in the state headquarters in connection with the execution of any national selective service act, the National Defense Act, or any similar federal laws enacted for the purpose of inducting the manpower of this state and of the nation into the military, naval, or other similar emergency service of the United States, in connection with the organization, training, and maintenance of temporary military forces by the state as “home guards” or similar forces and in the operation of the State Military Department, to the extent permitted by federal authorities and not inconsistent with their federal duties.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §66; Acts 1947, No. 626, p. 479, §5; Acts 1973, No. 1038, p. 1572, §58; Act 2022-88, §1.)
The head of the Military Department shall be a commissioned officer of the National Guard of Alabama and shall be designated as the Adjutant General. He shall be designated and assigned to duty as the Adjutant General by the Governor and shall serve as Adjutant General at the pleasure of the Governor. He may be commissioned as an officer on the state staff, in the Adjutant General’s office, and he may have such rank as is now or may hereafter be provided for an officer of the state staff, Adjutant General’s office, under the provisions of the National Defense Act and Department of Defense regulations promulgated thereunder. The officer of the National Guard of Alabama assigned to duty by the Governor as the Adjutant General may be commissioned by the Governor as a general officer in the National Guard of Alabama, with the consent of the Senate. The Adjutant General shall be appointed from among active officers of the federally recognized National Guard, and he shall have had at least six years’ service therein, two years of which must have been in the line, and he shall have served as a commissioned officer in the active National Guard for not less than four years. The Adjutant General of the state shall be in direct charge of the military department and shall be responsible to the Governor and Commander in Chief for the proper performance of his duties. All the powers conferred and duties imposed by law upon the Adjutant General shall be exercised or performed by him under the direction and control of the Governor. The Adjutant General shall be chief of the state staff, National Guard of Alabama, the personal staff of the Governor, and similar military agencies of the state. He shall supervise the receipt, preservation, repair, distribution, issuance, and collection of all arms, military equipment and stores of the state and of the United States. He shall supervise all troops, arms and branches of the militia, such supervisory powers covering primarily all duties pertaining to organization, armament, discipline, training, recruiting, inspecting, instructing, pay, subsistence, and supplies. He shall maintain a roster of all the officers and men of the National Guard and Naval Militia of the state and keep on file in his office copies of all orders, reports, and communications received and issued by the Military Department in its several branches and sections. He shall, from time to time, cause the laws and all state regulations that may be written thereunder to be printed, bound, and distributed at the expense of the state. The Adjutant General shall, from time to time, prepare and publish, by order of the Governor, such orders, rules, and regulations, consistent with the laws, as are necessary to bring the organization, armament, equipment, training, and discipline of the various classes of the Militia of Alabama to a state of efficiency as near as possible to that of the United States Army and Navy. He shall prepare such reports and returns as the Secretary of Defense of the United States may prescribe and require. He shall perform such other duties as may be required of him by the Commander in Chief. The Comptroller of Alabama shall draw warrants on the Treasury for all expenses incurred under this section on bills regularly presented to, and approved by, the Governor. It shall be the duty of the Adjutant General, if ordered by the Governor, to visit and inspect each company, troop, or battery at least once a year, and to report to the Commander in Chief the condition of armories and other military buildings and properties, and of the arms, equipment, and personnel of the companies, troops, or batteries, and make such recommendations as he thinks proper in regard thereto; provided that, the Adjutant General may designate members of the state staff or field officers of the National Guard as inspecting officers for the purposes in question. The Adjutant General shall assist all persons residing in Alabama or other states having claims against the state or the United States for compensation, pension, retired pay, bounty, or back pay or service medals and decorations awarded by the United States or the State of Alabama, where such claims and requests have arisen out of, or by reason of, service in any of the wars or insurrections concerning the United States or the State of Alabama. He shall furnish to claimants or their accredited representatives, or assist them in procuring, all necessary certificates and certified abstracts from the records and documents in the State Military Department and other departments of the state or the United States; provided that any or all of these services shall be rendered without charge to the claimant. The Adjutant General shall have a seal of office, to be approved by the Commander in Chief, and all copies of papers in his office duly certified and authenticated under the seal shall be evidence in all cases in like manner as if the original were produced.
(Acts 1936, Ex. Sess., No. 143, p. 105; Acts 1939, No. 509, p. 774; Code 1940, T. 35, §67; Acts 1973, No. 1038, p. 1572, §59.)
The Adjutant General shall be qualified for commission and shall be commissioned, if authorized by the laws of the United States now or hereafter enacted, in the Adjutant General’s corps, or such other corps or branch of the service as will enable him to perform all duties required of him within the state by the National Defense Act, a federal draft, selective service or similar act operative in a national emergency. He shall have a military status in this state, if provided by the laws of the United States now or hereafter enacted, during periods in which the National Guard of Alabama is in the federal service under a call, draft, order, or other means of induction into the federal military or naval service, that will enable him to work in an advisory capacity, or other authorized capacity, to the Governor in the execution of a federal selective service or similar law, or such other office as may be authorized by the federal government, and in the performance of such duties, he shall be entitled to all allowances and to reimbursement for all expenses incident to the performance of his duties as may be provided in the military laws of this state; provided, that he shall not receive a state salary while in the active service of the United States and receiving a federal salary for such service. He shall, if called, drafted, or ordered into the federal service, on discharge therefrom revert to his state military status and such federal military status as may now or hereafter be provided by the military laws of the United States governing the National Guard on the day following his discharge from the active military service of the United States. Whenever the Adjutant General is called, ordered or drafted into the service of the United States for any reason, or the Office of Adjutant General becomes vacant for or because of any reason, while all or a substantial portion of the National Guard is in federal service, the Governor may appoint an Adjutant General to serve at the pleasure of the Governor, with the consent of the Senate. Such appointee may be selected and appointed without regard to the eligibility qualifications and requirements set forth in this chapter, but he shall have held a commissioned or noncommissioned grade in the National Guard or the Army of the United States or the United States Navy, or such appointee may be a civilian without previous military status. Such appointee shall be commissioned in the State Militia with such rank as the Governor may deem advisable. Upon the return of the National Guard or a substantial portion thereof to state control such appointee may be commissioned by the Governor as an officer of the state staff, in the Adjutant General’s corps, in the National Guard of Alabama, and he may have such rank as is now or may hereafter be provided for an officer of the state staff, Adjutant General’s corps, under, in compliance with and according to the provisions of the National Defense Act or acts now or hereafter enacted and Department of Defense regulations promulgated thereunder.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §68; Acts 1943, No. 130, p. 132; Acts 1973, No. 1038, p. 1572, §60.)
The Adjutant General may have to assist him or her in performance of his or her duties and to perform the various duties of the Military Department such number of officers and employees as may be approved by the Governor, officers, and employees appointed by the Adjutant General subject to the approval of the Governor and subject to the Merit System wherever applicable if the appointments are approved by the Governor. The department organization may include the positions of deputy adjutant general, the number of assistant adjutants general for army that are authorized by National Guard Bureau rules and regulations, an assistant adjutant general for air, a state property and disbursing officer, and a military executive officer. The Merit System shall be applicable to all officers and employees of the department other than those serving in the active military service of the state under orders of the Governor. The officers and employees shall receive the same pay as an officer or enlisted man of the regular service of corresponding grade with corresponding length of service; however, if a person is designated to the position of deputy adjutant general, the person may occupy a position in the Merit System in the State of Alabama or a position as a National Guard technician in the federal Civil Service System. All persons appointed as officers in the military shall have served at least three years in the active Alabama National Guard and should have military and civil education, training, and experience particularly fitting them for the positions to which they are assigned.
The assignments, duties, and authority of the officers and employees of the department shall be prescribed and assigned by the Adjutant General, with the approval of the Governor, and the department shall be organized and may be reorganized into appropriate sections, divisions, or agencies to conform to the wishes of the Governor, and the regulations and requirements of the National Guard of the United States. The persons occupying positions as heads or chiefs of the various sections or divisions or holding other offices or positions in the department shall, if they qualify therefor, hold military rank as may be authorized and approved for the positions by the Governor and the National Guard Bureau of the United States, and if authorized and approved, those officers holding the positions of deputy adjutant general, assistant adjutants general for the army and assistant adjutant general for air shall be appointed to and hold the grade of major general or the military rank authorized and approved by the Governor and the National Guard Bureau of the United States for the time they occupy the positions. Officers and employees of the State Military Department called, ordered, or drafted into the service of the Armed Forces of the United States or for any reason shall be granted leave of absence from their employments therein for the time they are retained in the service and shall be reinstated in the former position or similar employments if they desire, and if they apply in writing to the Adjutant General for reinstatement within 12 months after termination of the term of service on their original call, order, draft, or enlistment into the federal service.
(Acts 1957, No. 609, p. 874; Acts 1973, No. 1038, p. 1572, §61; Acts 1981, No. 81-556, p. 936; Acts 1996, No. 96-553, p. 813, §1.)
Salaries of officers and other employees of the Military Department shall be such as are now or may hereafter be provided by law. All salaries provided shall be paid in the same manner as salaries of other state officials and employees are paid, and may be paid out of any appropriations made for the expenses of the State Military Department.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §70; Acts 1973, No. 1038, p. 1572, §62.)
The Adjutant General and such other employees of the Military Department of the state who handle state or United States property or state or United States funds, including the United States property and fiscal officer and the state property and disbursing officer, shall give bond in a surety company in such amounts as may be required by the state and the United States, the bonds to be approved by the Governor, the premiums to be paid by the state, and the conditions in the bonds to be as required by the state and the United States.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §72; Acts 1973, No. 1038, p. 1572, §67.)
The Director of the Department of Finance shall assign to the Adjutant General suitable offices and rooms for conducting therein the business of the Military Department of the state, and this department shall be furnished furniture, stationery, postage, lights, heat, telegraph and telephone service. and other proper and necessary conveniences and emergency clerical assistants, in the same manner as the same is or may hereafter be provided and furnished to other state departments.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §73; Acts 1973, No. 1038, p. 1572, §68.)
On or before December 1 next preceding the beginning of each regular session of the Legislature of Alabama, the Adjutant General shall prepare and submit to the Governor a report covering the functioning of the State Military Department during the period since the last previous such report and ending September 30 of the year in which the report is submitted, which report shall be transmitted by the Governor to the Legislature for its information and consideration. The report shall include the number and condition of all arms and equipment belonging to the state or in the custody of the state for the use of the Alabama National Guard and Naval Militia, statistics pertaining to the strength and organization of the Alabama National Guard, Naval Militia, and State Militia, information concerning armories, arsenals, warehouses, and similar structures and establishments, a detailed report of all funds and moneys received and disbursed by the State Military Department, recommendations as to needed legislation and appropriations, and such other information concerning the land and naval forces of the state as may be of value and interest to the Governor, the Legislature, and the public. Such report shall be printed and bound and the expenses incident thereto shall be paid out of the appropriation to the Military Department.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §71; Acts 1973, No. 1038, p. 1572, §66.)
The books, accounts, and vouchers of the Adjutant General and all other officers of the National Guard of Alabama handling state military property or state military funds shall be audited upon the direction of the Governor in the same manner and under the same conditions as accounts and funds of other state officers are audited.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §74; Acts 1973, No. 1038, p. 1572, §69.)
Officers of the armed forces of the state, including the Adjutant General, shall be appointed, and shall be subject to suspension, discharge, removal, or compulsory retirement as such solely on the basis of military proficiency, character, and service, as determined by Department of Defense regulations and the military usages sanctioned by the military laws of the United States. The qualifications of personnel of the federally recognized National Guard shall be as prescribed in pertinent regulations and policies of the United States Department of Defense.
(Acts 1973, No. 1038, p. 1572, §70.)
In addition to the powers and duties prescribed in this chapter, all officers of the National Guard and Naval Militia of Alabama shall have the same powers and perform the same duties as officers of similar rank and position in the Armed Forces of the United States insofar as may be authorized by federal law. They are authorized to administer oaths in all matters connected with the service.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §82; Acts 1973, No. 1038, p. 1572, §71.)
Staff officers allocated to the Alabama National Guard whose headquarters are situated in other states shall be appointed by the Governor. The qualifications of candidates for such appointments shall be the same as is now required by law for the appointment of other officers of the Alabama National Guard.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §86; Acts 1973, No. 1038, p. 1572, §72.)
General officers of the line shall be appointed under the rules and regulations of the Department of Defense. Such officers shall be appointed by the Governor from among active officers of the National Guard of Alabama, who have not less than six years’ active service in the National Guard of Alabama, with the advice and consent of the Senate. Vacancies in the offices caused by death, resignation, or removal while the Senate is not in session shall be filled by recess appointments by the Governor; provided, that should the vacancies in the grade of general officer of the line be in an organization in which the State of Alabama has joint interest with another state or states, the Governor is authorized to enter into a conference through the Military Department of the state with the other states concerned for the purpose of determining which state shall, with the concurrence of the other states, nominate the general officer to fill such vacancy in conformity with laws, rules, and regulations of the state and the United States written under the provisions of the National Defense Act; provided further, that staff officers allotted to this state, who are members of organizations jointly organized with other states, and who are on the staff of general or other officers who are commissioned in another state that has joint interest in a unit of the National Guard of this state, and whose appointment was approved by Alabama, shall be appointed by the Governor under the rules and regulations written under the provisions of the National Defense Act.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §94; Acts 1973, No. 1038, p. 1572, §73.)
The appointment, promotion, or reduction in grade or rank of noncommissioned officers and other enlisted personnel of the National Guard shall be in conformity with the National Defense Act and regulations of the Department of Defense.
(Acts 1973, No. 1038, p. 1572, §74.)
Original enlistments and reenlistments in the National Guard shall be for such periods as may be now or hereafter prescribed by Congress or the Secretary of Defense under the provisions of the National Defense Act. Enlisted members shall not be recognized as members of the National Guard until they have signed an enlistment contract, and taken and subscribed to the oath prescribed by Congress or the Secretary of Defense under the provisions of the National Defense Act.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §95; Acts 1973, No. 1038, p. 1572, §75.)
An enlisted member discharged from the service in the National Guard shall receive a discharge in writing in such form and with such recommendations as is or shall be hereafter prescribed by Gongress or the Secretary of Defense under the provisions of the National Defense Act.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §96; Acts 1973, No. 1038, p. 1572, §76.)
Each organization shall assemble for drill and instruction, including indoor target practice, and participation in encampments, maneuvers, and other exercises, including outdoor target practice, at such times and places and for such periods as may be prescribed by the Governor in accordance with the requirements of the Department of Defense regulations or Acts of Congress.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §98; Acts 1973, No. 1038, p. 1572, §77.)
All service medals and decorations awarded for service in the United States Armed Forces, and authorized to be worn with the uniform of the United States Armed Forces, are authorized for the uniform of the National Guard and Naval Militia of Alabama on occasions prescribed for officers of the United States Armed Forces; provided, that the following state medals and decorations are authorized for wear with the uniform of the National Guard and Naval Militia of the State of Alabama: State service medals authorized in this chapter; medals and decorations awarded by recognized patriotic organizations such as are associated with the service of Revolutionary War ancestry; the War of 1812; the Mexican War; the Civil War, both confederate and federal service; the Spanish American War; the World Wars, 1917-1918, 1941-1945; Korea; Viet Nam; and such other medals and decorations as may be recommended by the Military Advisory Board of the State and approved by the Governor; provided further, that only one service medal or similar insignia each, for the United States or state, shall be worn for any one war. This provision shall not apply to decorations of the state or the United States, or foreign decorations, the award of which has been approved by the state and the United States, that are subjects of individual citations, such as the Medal of Honor, the Distinguished Service Cross, the Distinguished Service Medal, the French Croix de Guerre, and similar decorations.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §100; Acts 1973, No. 1038, p. 1572, §78.)
The personally owned uniforms, arms, and equipment, required by laws or regulations of every commissioned, warrant, and noncommissioned officer, musician and enlisted man of the armed forces of the state, shall be exempt from sale under any execution or other process for debt or taxes.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §105; Acts 1973, No. 1038, p. 1572, §79.)
Members of the militia in the active armed forces of the state shall not be arrested on any process issued by or from any civil officer or court, except in the case of a felony or a breach of the peace, while going to, remaining at, or returning from any place at which he may be required to attend for military or naval duty; nor in any case whatsoever while actually engaged in the performance of his military or naval duties, treason and murder excepted, unless with the consent of his commanding officer.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §106; Acts 1973, No. 1038, p. 1572, §80.)
All property, both real and personal, belonging to a unit of the armed forces of the state, officially recognized as such by the federal government, shall be exempt from ad valorem taxes, state, county, and municipal. This exemption shall apply to real property when leased to any unit of the Alabama National Guard, provided the agreement or contract of lease is approved in writing by the Adjutant General, while the same is under the custody and control of the National Guard unit, and said exemption shall not be vitiated should the National Guard organization sublease a part of the premises when the rental derived from such lease is used entirely and solely for the benefit of the National Guard organization, and when such sublease or permissive use shall be subject to immediate termination by the National Guard unit at the discretion of the Governor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §109; Acts 1973, No. 1038, p. 1572, §81.)
All post exchanges or canteens owned, operated, and run exclusively by National Guard units shall be exempt from the payment of all state, county, city, or town licenses, operating permits, and taxes, and shall be exempt from payment of tobacco and gasoline operating permits and taxes to the state, counties, cities, or towns when operated in accordance with such rules and regulations as the Adjutant General may provide and the Governor may approve, and when the profits of the canteens or exchanges go to the National Guard or Naval Militia units and not to the operators of the enterprises. All active and retired members of the United States Armed Forces shall be eligible to make purchases at National Guard post exchanges and canteens to the same extent as active and retired members of the Alabama National Guard.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35. §110; Acts 1973, No. 1038, p. 1572, §82; Acts 1986, No. 86-478, p. 909; Act 2006-195, p. 275, §1.)
No organization of the armed forces of the state shall go out of the state except by permission of the Governor.
(Acts 1936, Ex Sess., No. 143, p. 105; Code 1940, T. 35, §111; Acts 1973, No. 1038, p. 1572, §83.)
Whenever any portion of the militia shall be called into the active service of the state to execute the law, suppress a riot or insurrection, repel invasion, protect lives and property, or in aid and relief of citizens in disaster, the law, including the Uniform Code of Military Justice, the Acts of Congress, and rules and regulations of the Department of Defense and the regulations prescribed for the United States Armed Forces shall be enforced and regarded as a part of this chapter until the forces shall be duly relieved from such duty. As to offenses committed when such laws are so in force, courts-martial shall possess, in addition to the jurisdiction and power of sentence and punishment vested in them by this chapter, all additional jurisdiction and power of sentence and punishment exercised by like courts under such laws, including the Uniform Code of Military Justice and Acts of Congress and rules and regulations of the Department of Defense and the regulations or laws governing the United States Armed Forces or the customs and usages thereof; but no punishment under such rules and regulations authorizing the taking of life shall in any case be inflicted except in time of war, invasion, or insurrection, declared by a proclamation of the Governor to exist, and then only after approval by the Governor of the sentence inflicting such punishment. Imprisonment other than in a guardhouse shall be executed in county or city jails or other prisons designated by the Governor for that purpose.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §113; Acts 1973, No. 1038, p. 1572, §84.)
United States Armed Forces or any portion of the National Guard or Naval Militia of Alabama parading or performing any duty, according to law, shall have the preferable right in any street or highway through which they may pass; provided that the carrying of the United States mails, the regular functions of the police and the progress and operation of fire engines and fire departments shall not be interfered with.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §114; Acts 1973, No. 1038, p. 1572, §85.)
[Repealed]
Repealed by Act 2012-333, p. 789, §3, effective August 1, 2012.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §115; Acts 1973, No. 1038, p. 1572, §86.)
The Military Department may pay medical expenses for members of the National Guard or Alabama State Defense Force who become ill during active military service or who have minor injuries as a direct result of active military service for the state not covered by the State Employees Injury Compensation Program.
(Act 2012-333, p. 789, §2.)
Awards by the State Board of Adjustment on claims filed for damages caused by members of the National Guard of Alabama while acting in the line of duty in the active military service of the state shall be paid from appropriations of the State Military Department or from the State General Fund when the appropriations of the State Military Department are deemed inadequate for such payment by the State Board of Adjustment.
(Acts 1973, No. 1038, p. 1572, §87.)
For the purpose of coordinating and making more effective the field and similar classes of instruction and training in organizations of the National Guard jointly maintained by Alabama and another state or other states during periods of field or similar training as provided under the National Defense Act, the units and personnel of the Alabama National Guard may, if authorized by the federal government, be placed under the supervision and command of higher organization commanders, who have been or may hereafter be appointed from other states, and whose appointment has the approval of this state and the states concerned and the officer recognized by the federal government. This requirement shall not be carried out unless and until the state or states jointly interested in a National Guard organization with Alabama shall have enacted a similar law; provided, that the objects of this section may be carried out with the consent of the Governor, without regard to similar laws enacted by other states, with the advice and approval of the ranking line officer of the Alabama National Guard present at the place of training and instruction and in command of the Alabama troops concerned. For the purpose of fixing the time limits of the periods mentioned in this section, the period of training shall begin when all the Alabama troops concerned have been reported as present in the camp or place of instruction and training and established in their company streets or quarters, and shall end when the Alabama troops concerned have terminated their field training schedule or other program of training or instruction and are reported as ready to leave the boundaries of the camp or training area for their home stations. Alabama troops shall not be required to yield authority and supervision of matters concerning transportation, in or out of the camp or other military area, finance and supply and which concern Alabama only in her relations with the federal government and for which the state is directly responsible to the federal government. The commanding officer appointed from another state, and such other officers of his command as he may designate, who are members of organizations in which Alabama has joint interest with other states and who are appointed and recognized in accordance with laws, rules, and regulations prescribed by the federal government, may, with the approval of the Governor, make tours of inspection and policy visits with the units of their organizations of the National Guard of Alabama, at their home stations or at other places, at such times as are mutually agreeable, it being understood that the state is not responsible or liable for any expenses incident to such visits.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §116; Acts 1973, No. 1038, p. 1572, §88.)
Officers, warrant officers, and enlisted personnel of the National Guard and Naval Militia, when employed in the active military or naval service of the state, as defined and provided in this chapter, are entitled to pay for such service, which will begin on the day of assembly at the armories or other designated places and will continue until the day of return thereto and proper relief. Fractional parts of a day will count as a full day. The reckoning of a day will be from midnight to the subsequent midnight. Pay of officers, warrant officers and enlisted personnel of the National Guard shall be that rate now or hereafter authorized by the Department of Defense for members of the regular Armed Forces of the United States while the National Guard is on active military service for the state, but no member paid under the provisions of this section shall be paid less than one and one-half times the applicable federal minimum wage computed on the basis of an eight-hour workday, which is declared to be the minimum rate of pay under this section. Each officer, warrant officer, and enlisted person will be provided with subsistence or rations while in the active service. The purchase of this subsistence will be made in accordance with such regulations as the Governor may prescribe. Pay, as defined in this section, shall include length of service, pay, and allowances for quarters and other entitlements. The pay and subsistence authorized by this section shall be paid out of the General Treasury, and not from the regular military appropriations provided for organization, maintenance, and upkeep of the National Guard and Naval Militia. Warrants in this connection will be issued by the Comptroller on vouchers or payrolls, as may be required by the Governor as Commander in Chief, accompanied by copies of the orders authorizing service. Before payment, payrolls and vouchers shall be certified by the Adjutant General and approved by the Governor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §117; Acts 1947, No. 626, p. 479, §8; Acts 1973, No. 1038, p. 1572, §89.)
No action or proceedings shall be prosecuted or maintained against a member of a military court or officer or person acting under its authority or reviewing its proceedings on account of the approval or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate of a military court, nor shall any officer or enlisted man be liable to civil action or criminal prosecution for any act done while in the discharge of his military duty, which act was done in the line of duty.
If a civil action shall be commenced in any court by any person against any present or former member of the National Guard of this state for any act done by such present or former member while on any duty under this chapter, or against any member acting under the authority or order of any officer or by virtue of any warrant issued pursuant to law, and the present or former member shall be determined to be entitled to defense counsel at state expense pursuant to Section 31-2-90, the state shall defray all costs related to such representation or defense, and shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from the claim or suit.
Defense counsel provided at state expense pursuant to Section 31-2-90 shall have authority to settle any claim by compromise, with approval of the Attorney General.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §118; Acts 1973, No. 1038, p. 1572, §90; Acts 1983, No. 83-606, p. 943.)
If a civil or criminal action shall be commenced in any court by any person against any member of the National Guard of this state for any act or omission alleged to have been committed by such member while on any duty under this chapter, or against any member acting under the authority or order of any officer or by virtue of any warrant issued pursuant to law, the Adjutant General shall investigate the allegation, and upon determination by the Adjutant General that such person acted reasonably or in the line of duty, the Governor shall appoint counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant. The cost and expense of any such defense shall be paid out of the regular or special appropriations for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or line of duty action shall not be admissible as evidence in the trial of any such action or claim.
Nothing contained in this chapter shall be construed to deprive any such person of his right to select and be represented by private counsel of his own choice at his own expense.
Nothing contained in this chapter shall be construed or held to constitute a waiver of any defense, otherwise available against the claim.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §119; Acts 1973, No. 1038, p. 1572, §91; Acts 1983, No. 83-607, p. 944; Acts 1984, No. 84-259, p. 431, §1.)
Any person bringing a civil or criminal action against a member of the National Guard of this state for any act done while in discharge of his military duty shall give security for the costs and reasonable attorney’s fees incurred by the state or defendant in defending the same, in the same manner and subject to the same regulations applicable in the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney’s fees may be taxed with the costs and judgment therefor entered against him and his sureties on the bond.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §120; Acts 1973, No. 1038, p. 1572, §92.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §121; Acts 1973, No. 1038, p. 1572, §93; Acts 1980, No. 80-804, p. 1636.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §122; Acts 1973, No. 1038, p. 1572, §94.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §123; Acts 1973, No. 1038, p. 1572, §95.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §124; Acts 1973, No. 1038, p. 1572, §96.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §126; Acts 1973, No. 1038, p. 1572, §97.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §127; Acts 1973, No. 1038, p. 1572, §98.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §139; Acts 1973, No. 1038, p. 1572, §99.)
The employment of a reporter may be authorized by the convening authorities for any general or special court-martial. When a reporter is employed, he shall be paid upon the certificate of the judge advocate and upon the approval of the Governor from the regular military appropriations such fees as are provided by law for an official reporter.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §135; Acts 1973, No. 1038, p. 1572, §100.)
A court-martial may subpoena any witness residing within 100 miles of the place where the court is sitting to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction of the court-martial and signed by the judge advocate thereof, or by the officer holding a summary court, shall make service and return of service as provided by law in criminal cases. Any person failing to appear at any court-martial in this state to testify in accordance with the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60 days in the county jail, either or both.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §137; Acts 1973, No. 1038, p. 1572, §102.)
All expenses incurred in court-martial proceedings, including the payment of a reporter, sheriff’s fees for service of complaints, warrants, summons, and subpoenas, witness fees, and the payment of officers and the judge advocate of the court, shall be paid out of the regular military appropriations by warrant on the Comptroller, with the approval of the Governor. Sheriffs’ fees and witness fees in court-martial proceedings shall be allowed in the same amounts as are allowed in criminal cases in the civilian courts of this state.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §134; Acts 1973, No. 1038, p. 1572, §103.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §§133, 138; Acts 1973, No. 1038, p. 1572, §104.)
All processes and sentences of any of the military courts of this state shall be executed by any sheriff, deputy sheriff, constable, or police officer, or by any person deputized by the military court, into whose hands the same may be placed for service or execution, and such officer shall make return thereof to the officer issuing or imposing the same. Such service or execution of process or sentence shall be made by such officer without tender or advancement of fee therefor, but all costs in such cases shall be paid from funds appropriated for military purposes. The actual necessary expenses of conveying individuals from one county in the state to another, when the same is authorized and directed by the Adjutant General of the state, shall be paid from the regular military appropriation of the state when approved by the Governor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §129; Acts 1973, No. 1038, p. 1572, §105.)
Where any sentence of a fine or imprisonment shall be imposed by any military court of this state, it shall be the duty of the Adjutant General, upon approval of the findings and sentences of such court by the Governor, to make out and sign a certificate entitling the case, giving the name of the accused, the date and place of trial, the date of approval of the sentence, the amount of the fine and term of imprisonment, if any, and deliver such certificate to the sheriff of the county wherein the sentence is to be executed. It shall thereupon be the duty of such officer to carry the sentence into execution in the manner prescribed by law for the collection of fines and serving imprisonment in criminal cases determined in the courts of this state. All fines collected under the provisions of this chapter shall be paid to the State of Alabama.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §130; Acts 1973, No. 1038, p. 1572, §106.)
Sheriffs and other civil officers executing the warrants of arrest or process of courts-martial pursuant to this chapter shall receive as compensation therefor the fees allowed by law for like services in the criminal courts, the same to be taxed by such courts-martial. All such fees and expenses of trial in court-martial cases, and the fees of sheriffs and jailers in all such cases for the keep of prisoners, shall be paid by the Adjutant General out of appropriations available to him.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §140; Acts 1973, No. 1038, p. 1572, §107.)
Courts of inquiry, to consist of one or more officers, may be, or on the request of the officer involved, shall be, instituted by the Adjutant General for the purpose of investigating the conduct of any officer, any accusation or imputation against him, or any acts made the subject of military complaint. Such court of inquiry shall, without delay, report a statement of facts, and, when required, the evidence adduced and an opinion thereon to the Adjutant General, who may, in his discretion, thereupon order a court-martial or efficiency board for the trial of the officer whose conduct has been inquired into.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §141; Acts 1973, No. 1038, p. 1572, §108.)
The Legislature of Alabama shall appropriate during each of its regular sessions, or during such other sessions as conditions may require, a sufficient sum of money, based upon estimates and recommendations of the Adjutant General and approved by the Governor, for the purpose of defraying all expenses necessary and incident to the operation and support, health, safety, welfare, and morale of personnel assigned to headquarters and organizations of the Alabama National Guard, or for any other purpose that the Adjutant General may approve. There shall be annually allowed to commanders such sums as the Adjutant General may determine and the Governor may approve, such allowances to be paid quarterly, and based on administrative responsibility and the type and number of units occupying the facility. In order to secure such quarterly allowances, the commanders shall be required to render an accounting of all receipts and disbursements quarterly or for such period as the Adjutant General may require, such accounting of funds to be in accordance with rules and regulations prescribed by the Adjutant General and approved by the Governor.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §158; Acts 1973, No. 1038, p. 1572, §109.)
The Governor may call out all, or such portion of the militia and volunteer forces of the state as may be deemed advisable, to execute the laws, suppress insurrection and repel invasion, or to provide assistance in cases of disaster.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §159; Acts 1973, No. 1038, p. 1572, §110.)
No portion of the National Guard of Alabama shall be called into service, or be used in the enforcement of the laws of the state, without the authority of the Governor, except in those cases authorized by this chapter.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §160; Acts 1973, No. 1038, p. 1572, §111.)
Whenever any circuit court judge, municipal court judge, probate court judge, sheriff, or mayor of any incorporated city, town, or village, shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, mob, or combination to oppose the enforcement of the laws by force or violence, within the jurisdiction in which such officer is by law a conservator of the peace, which cannot be speedily suppressed or effectually prevented by the ordinary posse comitatus and peace officers, it shall forthwith become the duty of such judge, sheriff, or mayor, to report the facts and circumstances in writing or verbally to the Governor or his authorized representative, and request him to order out such portion of the National Guard of the state as may be necessary to enforce the laws and preserve the peace. It shall thereafter be the duty of the Governor, if he deems such apprehension well-founded, to order out, or direct to be held in readiness, such portion of the National Guard as he may deem advisable for the proper enforcement of the law, and he shall instruct the officer in command of such troops as to the duties required of him.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §161; Acts 1973, No. 1038, p. 1572, §112.)
(a) Whenever there is an insurrection or outbreak of a formidable character which has overawed, or threatens to overawe, the ordinary civil authorities, or in cases of disaster, and the authorities in such county, city, or town, have attempted and failed to quell the same by use of a posse comitatus, or it is apparent that such attempt would be useless, the Governor on a certificate of such facts from any four conservators of the peace in such county, city, or town, or from any circuit court judge, probate court judge, sheriff, or justice of the Supreme Court, shall immediately order out such portion of the National Guard or Militia as he may deem necessary to enforce the laws, and preserve the peace, and the Governor may, when the urgency is great, order out such troops without any certificate from either of the officers mentioned in this section, but in no case shall the Governor keep in service in any county, city, or town, of the state for more than 10 days any troops or militia other than that raised in such county, except in time of invasion or actual insurrection unless some justice of the Supreme Court or circuit judge, or the sheriff thereof, shall certify to him that the longer presence of such militia or troops is requisite to the proper enforcement of the law or the preservation of the peace therein.
(b) In case there is a failure of the means to communicate with the Governor or his authorized representative, due to riot, insurrection, civil disturbance, or disaster, the mayor of a city or town, the sheriff, probate judge, or a circuit court judge of the county involved may direct the highest commander or officer of the National Guard within the county to call to duty such units of the National Guard in the county as are necessary to suppress such riot, insurrection, or civil disturbance or render assistance in case of disaster. Civil authorities shall not call units of the National Guard to duty under this section unless local authorities are unable to restore order and unless the authorities have attempted to communicate with the Governor or his authorized representative, but lack the means to do so due to the circumstances set forth in this section.
(c) The Governor, as Commander in Chief, is authorized to call out all or any such portion of the National Guard as he may deem advisable, upon his determination that a state of emergency exists.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §172; Acts 1973, No. 1038, p. 1572, §113; Acts 1980, No. 80-359, p. 479.)
Any officer whose command is called out under the provisions of this chapter and reporting to any civil authority, may require such civil authority to make such instructions in writing and prescribe therein the outline of the duties required of him and his command, and may decline to obey such instructions until put in writing. While such commanding officer must obey all lawful instructions of such civil authorities, such military officer may use his discretion as to the manner of carrying out such lawful instructions as long as he complies with their spirit.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §174; Acts 1973, No. 1038, p. 1572, §114.)
Whenever any National Guard troops are ordered out by a civil authority under the provisions of this chapter, without first obtaining an order from the Governor, it shall be the duty of the civil authority and also of the commander of such National Guard troops to report the facts as soon as practicable to the Governor or his authorized military representative, and in all cases the Governor or his authorized military representative may direct such National Guard troops to perform their duties under his immediate orders.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §171; Acts 1973, No. 1038, p. 1572, §115.)
Before using military force in the dispersion of any riot, rout, tumult, mob, or other lawless or unlawful assembly or combination mentioned in this chapter, it shall be the duty of the civil officer calling out such military force, or some other conservator of the peace or, if none be present, then of the officer in command of the troops or some person by him deputed, to command the persons composing such riotous, tumultuous, or unlawful assemblage or mob to disperse and retire peacefully to their respective abodes and businesses; but, in no case, shall it be necessary to use any set or particular form of words in ordering the dispersion of any riotous, tumultuous, or unlawful assembly, nor shall any such command be necessary where the officer or person, in order to give it, would necessarily be put in imminent danger of loss of life or great bodily harm, or where such unlawful assembly or riot is engaged in the commission or perpetration of any felony, or in assaulting or attacking any civil officer or person lawfully called to aid in the preservation of the peace, or is otherwise engaged in actual violence to any person or property.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §163; Acts 1973, No. 1038, p. 1572, §116.)
Any person or persons composing or taking part in any riot, rout, tumult, mob, or lawless combination or assembly mentioned in Section 31-2-115 who, after being duly commanded to disperse as provided in Section 31-2-115, wilfully and intentionally fails to do so, is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one, nor more than two years.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §164; Acts 1973, No. 1038, p. 1572, §117.)
After any person or persons composing or taking part, or about to take part, in any riot, mob, rout, assault, or unlawful combination or assembly mentioned in this chapter shall have been duly commanded to disperse or where the circumstances are such that no such command is required under the provisions of this chapter, the commander in charge of such military forces, within the limits provided in his instructions, shall take such steps and make such disposition for the arrest, dispersion, or quelling of the persons composing or taking part in such mob, riot, tumult, outbreak, or unlawful combination or assembly mentioned in this chapter as may be deemed requisite to that end, and, if, in doing so, any person is killed, wounded, or otherwise injured, or any property injured or destroyed by any officer or member of the National Guard or other person lawfully aiding them, such members of the National Guard or other persons lawfully aiding them shall be held guiltless in all cases, unless such killing, wounding, or injury to person or injury or destruction of property was wanton or malicious and without any seeming necessity or excuse.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §165; Acts 1973, No. 1038, p. 1572, §118.)
Any civil or military officer or member of the National Guard or any person lawfully aiding them in the performance of any duty required under the provisions of this chapter, indicted or sued for any injury to person or property in endeavoring to perform such duty, shall have the right, and upon motion of such person, it is hereby made the duty of the court in which such indictment or suit is pending or sued, to remove the trial of the indictment or suit to some county, free from exception, other than that in which the indictment was found or injury done.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §173; Acts 1973, No. 1038, p. 1572, §124.)
Any person who unlawfully assaults or fires at, or throws any missile at, against, or upon any member or body of the National Guard, civil officer, or other person lawfully aiding them, when assembling or assembled for the purpose of performing any duty under the provisions of this chapter, must, on conviction, be imprisoned in the penitentiary for not less than one year nor more than five years.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §166; Acts 1973, No. 1038, p. 1572, §119.)
If any portion of the National Guard, or persons lawfully aiding them in the performance of any duty under the provisions of this chapter, are assaulted, attacked, or are in imminent danger thereof, the commanding officer of such National Guard need not await any orders from any civil magistrate, but may at once proceed to quell such attack, and take all other needful steps for the safety of his command or persons lawfully aiding them in the performance of any duty.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §167; Acts 1973, No. 1038, p. 1572, §120.)
Whenever any shot is fired or missile thrown at or upon any body of the National Guard in the performance of any duty under the provisions of this chapter, it shall forthwith be the duty of every person in the assemblage from which the shot is fired or missile thrown immediately to disperse or retire therefrom, without awaiting any orders to do so. Any person knowing or having reason to believe that a shot has been fired or missile thrown from any assemblage of which such person forms a part, or where he is present, and failing, without lawful excuse to retire immediately from such assemblage, is guilty of a misdemeanor. Any person so remaining in such assemblage after being duly commanded to disperse, is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one year, nor more than two years.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, 168; Acts 1973, No. 1038, p. 1572, §121.)
The commander of any body of National Guard troops guarding any jail, public building, or other place, or escorting any prisoner may, if he deems it advisable, prescribe a reasonable distance in the vicinity of such jail, public building, or other place, or escort of such prisoner within which persons shall not come, and any person knowingly and wilfully, without lawful excuse, coming within such limits without the permission of such officer, and refusing to retire after being ordered to do so, shall be deemed guilty of a misdemeanor, and any person so coming and remaining in such limits in the nighttime is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one nor more than two years. In either case, it shall be the duty of the officer commanding such National Guard troops forthwith to arrest persons thus offending, and turn them over to some civil magistrate.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §170; Acts 1973, No. 1038, p. 1572, §123.)
Whenever any rout, riot, or mob has occurred or is in progress or is so imminent that any portion of the National Guard is, or has been, called out for the performance of any duty under the provisions of this chapter, it shall be lawful for the commanding officer of the National Guard, if it be deemed advisable in subduing or preventing such mob, riot, or outbreak thereof, to prohibit all persons from occupying or passing on any street, road, or place, where the same is threatened, or where the National Guard may be for the time being, and otherwise to regulate passage and occupancy of such streets and places. Any person, after being duly informed of such prohibition or regulation, who wilfully and intentionally, without lawful excuse, attempts to go or remain on such street, road, or place, and fails to depart after being warned to do so, is guilty of a misdemeanor, and in such cases the officer in command of the National Guard may forthwith arrest persons so offending and turn them over to some civil magistrate.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §169; Acts 1973, No. 1038, p. 1572, §122.)
When any part of the National Guard of Alabama is in active service by order of the Governor or other civil authority to aid in the enforcement of the laws, in cases of insurrection, invasion, riot, or imminent threat thereof, or disaster, the commanding officers of such troops may order the closing of any places where intoxicating liquors, arms, ammunition, dynamite, or other explosives are sold, and forbid the selling, bartering, lending, or giving away of any of the commodities in the city, town, or village where the troops are on duty, or in the vicinity of such place, or for so long as any of the troops remain on duty in the vicinity. Such orders shall take effect whether any civil officer has issued a similar order or not, and the commanding officer of such troops may continue the prohibition in force until the departure of the troops, although the sheriff, mayor, or intendant of the county, city, town, or village may have prescribed an earlier or different date after which such selling, bartering, lending, or giving away shall be carried on.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §175; Acts 1973, No. 1038, p. 1572, §125.)
Any two or more persons, whether with or without uniform, who associate, assemble, or congregate together by or under any name in a military capacity for the purpose of drilling, parading, or marching at any time or place or otherwise take up or bear arms in any such capacity without authority of the Governor, must, on conviction, be fined not more than $1,000. This section does not apply to any school or college where military training and instruction is given under the provisions of state or federal laws, nor to the order of Knights of Templar, Knights of Pythias, Patriarchs Militant, or Uniform Rank Woodmen of the World.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §176; Acts 1973, No. 1038, p. 1572, §126.)
The commanding officer of troops in the active service of the state shall have the power to incarcerate and detain, until such person can be turned over to the civil authorities, any person guilty of drunkenness, breach of peace, or disorderly conduct, which interferes with the performance of the troops. Such commanding officer shall have the authority to abate any menace to the health or safety of his command.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §178; Acts 1973, No. 1038, p. 1572, §127.)
[Repealed]
Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §179; Acts 1973, No. 1038, p. 1572, §128.)
A dropping allowance may be established by the Adjutant General as an item of the budget of the State Military Department and included in the regular appropriations made by the Legislature from time to time for the organization and maintenance of the National Guard of Alabama, based on not more than $4 per enlisted man per year. Expenditures therefrom will be for federal property shortages of National Guard organizations that cannot be covered by reports of survey, due to certain technical requirements, of the federal government. The annual estimate of this allowance shall be based on the actual enlisted strength of the National Guard and Naval Militia on the last day of September of each year. The funds expended as a dropping allowance shall be audited and accounted for in the same manner as other state funds which have been appropriated for military purposes; provided, that the dropping allowance shall not exceed $10,000 per annum; and provided further, that the provisions of this section shall be retroactive so that all property shortages existing on September 10, 1973, in addition to those that may occur thereafter, may be satisfied by the use of appropriations made in the future for the purpose of carrying out the intent of this section.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §180; Acts 1973, No. 1038, p. 1572, §129.)
The county commission in each county and the city council, city commissioners, or other governing body of a municipality are hereby authorized and empowered, at their discretion, to appropriate such sums of money as they may deem wise and advisable, not otherwise appropriated, to pay the necessary organization and maintenance expenses, and appropriate moneys for the purpose of furnishing, by rental or purchase, armories, office furniture, and equipment, and lockers, training areas, target ranges, sheds for military vehicles, hangars for airplanes, motor vehicles and military equipment of every character, including flying fields and similar utilities, for the military purposes of each unit of the National Guard and Naval Militia located in their respective counties and municipalities, to be accounted for to the Governor by the organization receiving such appropriation as provided in this chapter for other military funds.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §181; Acts 1973, No. 1038, p. 1572, §130.)
The county commission in each county and the city council, city commissioners, or other governing body of a municipality are hereby authorized and empowered to sell, rent, lease, or give any real estate and buildings belonging to the county or municipality to any unit of the National Guard located in their respective counties and municipalities for the purpose of erecting or furnishing armories, offices, storerooms, training areas, target ranges, sheds for military vehicles, hangars for airplanes, motor vehicles, and military equipment of every character, including flying fields and similar utilities, for the military purposes of each unit. All sales, leases, transfers, and gifts under this section shall be in accordance with such rules and regulations as the Armory Commission may approve.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §182; Acts 1973, No. 1038, p. 1572, §131.)
In order to facilitate the execution of the purposes of this chapter and the necessary movements of troops and property, the Adjutant General shall have the authority to use a cash fund, not to exceed $2,000, to be advanced to an officer of the State Military Department designated by the Adjutant General to be maintained and used as a revolving fund out of which expenses authorized by this chapter may be paid, the revolving fund to be advanced out of the regular military appropriation provided in Section 31-2-132, and to be reimbursed from time to time out of the fund against which the expenditure is properly chargeable, upon presentation to the Comptroller of Accounts, of receipts and vouchers with orders attached, approved by the Governor, showing the legal expenditure of the amount sought to be reimbursed.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §183; Acts 1973, No. 1038, p. 1572, §132.)
The Legislature of Alabama shall appropriate during each of its regular sessions, or during such other sessions as conditions may require, a sufficient sum of money, based upon estimates and recommendations of the Adjutant General and approved by the Governor, for the purpose of defraying the expenses of the Military Department in carrying out the provisions of this chapter, and such other expenses connected with the organization, maintenance, support, upkeep, administration, armament, training, and discipline of the National Guard of Alabama and such other expenses of a general or special nature, as may be to the interest and benefit of the National Guard, as the Governor may approve. Any appropriations made by law for payment of salaries or other expenses of any agency of the state which shall be merged or consolidated with or made a part or subdivision of the Military Department, shall be merged with and become a part of the appropriations for “other salaries” and “other expenses” of the Military Department. The Governor shall prescribe necessary rules and regulations governing the manner and method of disbursing moneys authorized by this section to be appropriated, and all expenses authorized to be contracted shall be certified to and verified by affidavit, with itemized vouchers and orders attached. Any portion of any item of any regular appropriation for the support of the Military Department and National Guard which is unexpended and unobligated after the expiration of the eleventh month of any fiscal year shall be available for use in taking care of any expenses of operating the Military Department and the Armory Commission of Alabama for which the regular appropriation shall be insufficient for that fiscal year.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §184; Acts 1973, No. 1038, p. 1572, §133.)
In addition to the moneys to be appropriated for the purpose stated in Section 31-2-132, there shall be appropriated by the Legislature at each of its regular sessions, or such other sessions as conditions may require, out of the moneys not otherwise appropriated, such sum as may be necessary for pay, allowances, subsistence, shelter, travel, and other necessary expenses of the National Guard called into the active military service of the state for the purpose of enforcement of the law, preservation of peace, for the security of lives of citizens, for aid and relief of citizens in case of disaster, for the protection of property, and for such other purposes as the Governor may, for specific reasons, designate as in the active military or naval service of the state. The disbursement of all funds appropriated for the purpose of carrying out the provisions of this chapter shall be with the approval of the Governor, under such rules and regulations as the Adjutant General may prescribe.
(Acts 1936, Ex. Sess., No. 143, p. 105; Acts 1939, No. 636, p. 1001, §1; Code 1940, T. 35, §185; Acts 1947, No. 626, p. 479, §9; Acts 1973, No. 1038, p. 1572 §134.)
(a) In addition to any other authority provided by the Constitution of Alabama of 1901, or any laws of the State of Alabama, the Governor, as Commander in Chief of the organized militia of this state and in accordance with 32 U.S.C. §509, may order or direct that the Alabama National Guard apply for and use federal funds to provide training, education, and other benefits to civilians in accordance with 32 U.S.C. §509.
(b) Whenever the Governor assigns a duty to the Adjutant General under this section, the Adjutant General may do all of the following:
(1) Consult with appropriate state agencies concerning youth opportunity training programs and, in connection therewith, establish a program utilizing National Guard facilities, the National Guard, and the Military Department personnel in order to provide military-based training and other benefits to civilian youth pursuant to an agreement with the federal government or as otherwise agreed.
(2) Enter into agreements and do all things necessary or incidental to the performance of any such duty, including, but not limited to, the execution of grant agreements with the federal government and the execution of other contracts and agreements.
(Act 2000-799, p. 1900, §1.)
For the purposes of this code, the following words have the following meanings:
(1) ACCUSER. An individual who signs and swears to charges, any individual who directs that charges nominally be signed and sworn to by another, and any other individual who has an interest other than an official interest in the prosecution of the accused.
(2) ARMY OR AIR STAFF JUDGE ADVOCATE. The State Staff Judge Advocate, or delegate, for the Adjutant General of the same service within the state military forces as the accused .
(3) CADET or CANDIDATE. An individual who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces.
(4) CLASSIFIED INFORMATION. Information that meets all of the following requirements:
a. Any information or material that has been determined by an official of the United States, the State of Alabama, or any state or territory pursuant to law, a Presidential Executive order, Governor’s Executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security.
b. Any restricted data, as defined in Section 11(y) of the Atomic Energy Act of 1954, 42 U.S.C. § 2014(y).
(5) CLERK OF THE COURT. Includes all individuals employed or assigned to serve in this position by a state staff judge advocate to manage and maintain court records. This individual may administer oaths for charges and warrants.
(6) CODE. This chapter.
(7) COMMANDING OFFICER. Includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under Section 31-2A-15 (Article 15). The term “commander” has the same meaning as “commanding officer” unless the context otherwise requires. A commander is any general officer, the Adjutant General, or any other officer who, by virtue of position, is designated as a commanding officer.
(8) CONVENING AUTHORITY. Includes, in addition to the individual who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority.
(9) DAY. A calendar day, unless otherwise specified with respect to forfeiture of pay; the term is not synonymous with the term “unit training assembly.” Any punishment authorized by this code which is measured in terms of days, when served in a status other than annual field training, shall be construed to mean succeeding duty days.
(10) DUTY STATUS OTHER THAN STATE ACTIVE DUTY. Any other type of duty not in federal service and not full-time duty in the active service of the state; under an order issued by authority of law and includes travel to and from such duty.
(11) ENLISTED MEMBER. An individual in an enlisted grade.
(12) JUDGE ADVOCATE.
a. A commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of the State of Alabama, and who is certified or designated as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy, or the Marine Corps, or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these.
b. In the instance when a judge advocate is detailed under this code and is not a member of the bar of this state, the judge advocate shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth his or her qualifications, and with notice and approval of the Alabama State Bar and Chief Justice of the Alabama Supreme Court, that the judge advocate is all of the following:
A commissioned officer of the Armed Forces of the United States or a component thereof.
A member in good standing of the bar of the highest court of a state.
Qualified in accordance with paragraph a.
(13) MILITARY COURT. A court-martial or a court of inquiry.
(14) MILITARY JUDGE. An official of a general or special court-martial detailed in accordance with Sections 31-2A-26 and 31-2A-26a (Articles 26 and 26a).
(15) MILITARY OFFENSES. Those offenses prescribed under Part X that are not also covered by federal or state law.
(16) NATIONAL SECURITY. The national defense and foreign relations of the United States.
(17) OFFICER. A commissioned or warrant officer.
(18) RECORD. When used in connection with the proceedings of a court-martial, means either of the following:
a. An official written transcript, written summary, or other writing relating to the proceedings.
b. An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.
(19) RULES OF COURT. The applicable rules of court shall be the Alabama Rules of Court, as applied in any state or municipal court or appellate proceedings within the state.
(20) SENIOR FORCE COMMANDER. The commander of the same service within the state military forces as the accused, with courts-martial convening authority, as delegated by the Adjutant General.
(21) STATE. The State of Alabama.
(22) STATES. One of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands.
(23) STATE ACTIVE DUTY. Full-time duty in the state military forces under an order of the Governor or otherwise issued by authority of law under Chapter 2 of this title and paid in whole or in part by state funds, and includes travel to and from such duty.
(24) STATE MILITARY FORCES. The Alabama National Guard, as defined in Title 32, United States Code, Section 271 of the Constitution of Alabama of 2022, and Section 31-2-3. The unorganized militia, state defense force, state national guard, home guard, or any other name of any state force that does not meet this definition shall be under the jurisdiction and terms of this code, as defined in Section 31-2-3.
(25) SUPERIOR COMMISSIONED OFFICER. A commissioned officer superior in rank or command.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) This code applies to all members of the state military forces at all times and in all places.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between an offense, either military or non-military, and the state military force. When a member is in any duty status (State Active Duty (SAD), T.32 and T.10) then a rebuttable presumption exists that the nexus is established. A proper civilian court has primary jurisdiction of an offense when an act or omission violates civilian criminal law, foreign or domestic. Courts-martial shall have primary jurisdiction over all military offenses defined in this code.
(Act 2012-334, p. 790, §1; Act 2017-260, pl405, §1; Act 2024-329, §1.)
(a) Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to Section 31-2A-43 (Article 43), subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge, the person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
(b) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
(Act 2012-334, p. 790, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
(a) This code has applicability at all times and in all places, provided that either the person subject to the code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.
(b) Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
(c) A trial of any offense subject to prosecution under this section may be convened in any county in the state.
(Act 2012-334, p. 790, §1; Act 2017-260, §1.)
(a) The Alabama Army or Air National Guard State Staff Judge Advocate of each branch of service within the Alabama National Guard or the State Staff Judge Advocate’s delegate or delegates shall make frequent inspections in the field in supervision of the administration of military justice for that branch of service.
(b) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with a State Staff Judge Advocate.
(c) No individual who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate providing legal advice to the reviewing authority concerning the same case.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
Pursuant to Section 31-2-58, procedures pertaining to the selection and regulation of military judges shall be promulgated by the Adjutant General and approved by the Governor.
(Act 2012-334, p. 790, §1.)
(a) Apprehension is the taking of an individual into custody.
(b) Any individual authorized by this code or by regulation to apprehend individuals subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of the State of Alabama may do so upon probable cause that an offense has been committed and that the apprehended individual committed the offense.
(c) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among individuals subject to this code and to apprehend individuals subject to this code who take part therein.
(d) If an offender is apprehended outside the State of Alabama, the offender’s return to the area must be in accordance with normal extradition procedures or by reciprocal agreement, unless it is solely a military offense.
(e) No individual authorized by this article to apprehend individuals subject to this code or the place where the offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for receiving, apprehending, confining, restraining, holding, or otherwise housing an individual except as otherwise provided by Section 31-2-106.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer’s command or subject to the commanding officer’s authority into arrest or confinement.
(c) A commissioned officer, a warrant officer, or a civilian subject to this code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
(d) No person may be ordered into arrest or confinement except for probable cause.
(e) This article does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
(Act 2012-334, p. 790, §1.)
Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
(Act 2012-334, p. 790, §1.)
(a) If a person subject to this code is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility.
(b) No person authorized to receive prisoners pursuant to subsection (a) may refuse to receive or keep any prisoner committed to the person’s charge by a commissioned officer of the state military forces, when the committing officer furnishes a statement, signed by such officer, of the offense charged against the prisoner, unless otherwise authorized by law.
(c) Every person authorized to receive prisoners pursuant to subsection (a) to whose charge a prisoner is committed, within 24 hours after that commitment or as soon as the person is relieved from guard, shall report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
(Act 2012-334, p. 790, §1.)
No member of the Alabama National Guard may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the Armed Forces. This section does not preclude an Alabama National Guard service member from being confined in a state, county, or municipal jail or detention facility that may also house illegal immigrants, immigrants, or foreign nationals within the same facility or holding cell.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances required to insure the person’s presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
(Act 2012-334, p. 790, §1.)
A person subject to this code accused of an offense against civil authority is also subject to the Interstate Agreement on Detainers Act, 18 U.S.C. Appendix 2.
(Act 2012-334, p. 790, §1.)
(a) Under such regulations as prescribed, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this article. The Governor, the Adjutant General, or an officer in a general or flag rank in command may delegate the powers under this article to a principal assistant who is a member of the Alabama National Guard.
(b) For the purposes of this article, the term “day” means any of the following:
(1) For the purposes of pay, one day shall equal one active duty military payday.
(2) For all other purposes, one day shall equal one calendar day.
(c) For the purposes of this part, all members must be in military status when punishment is imposed.
(d) Any commanding officer serving as a brigade or battalion level commander (Army) or wing/group/base or the commander of a geographically separated unit (Air) may impose upon enlisted members of the officer’s command any of the following:
(1) An admonition.
(2) A reprimand.
(3) The withholding of privileges for up to six consecutive months.
(4) The forfeiture of pay of up to 12 days.
(5) A reduction to the next inferior pay grade of an enlisted member who is E-6 and below.
(6) A reduction to the lowest or any intermediate pay grade of an enlisted member who is E-4 and below.
(7) Extra duties, including fatigue or other duties, for up to eight days, which need not be consecutive.
(8) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.
(e) The Governor, the Adjutant General, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose the following:
(1) Upon officers of the officer’s command, any punishment authorized in subdivisions (1) through (4), (7), and (8) of subsection (d).
(2) Upon enlisted members of the officer’s command who are E-9 and below, any punishment authorized in subsection (d).
(3) Upon enlisted members who are E-6 or below, a reduction of not more than two pay grades.
(f) Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot exceed the authorized duration of the longest punishment in the combination, and there must be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this article.
(g) Prior to the offer of non-judicial punishment, the commanding officer shall determine whether restriction shall be considered as a punishment. The determination of whether restriction is a punishment option does not prohibit the accused from requesting his or her right to demand trial by special court-martial.
(h) The officer who imposes the punishment, or the successor in command, at any time, may suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. The officer also may do either of the following:
(1) Mitigate reduction in grade to forfeiture of pay.
(2) Mitigate extra duties to restriction.
The mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(i) An individual punished under this article who considers the punishment unjust or disproportionate to the offense, through the proper channel, may appeal to the next superior authority within 30 days after the punishment is either announced or sent to the accused, as the commander may determine. The appeal shall be promptly forwarded and decided. During the pendency of the appeal, the punishment shall not be implemented. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (h) by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.
(j) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this article; however, the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial and, when shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(k) Whenever a punishment of forfeiture of pay is imposed under this article, the forfeiture may apply to pay accruing before, on, or after the date the punishment is imposed.
(l) Regulations may prescribe the form of records to be kept of proceedings under this article and may require that certain categories of those proceedings be in writing.
(m) The accused shall be informed of the location of and right to consult counsel with regard to any non-judicial punishment. The commander shall ensure the accused is given appropriate means to contact counsel.
(Act 2012-334, p. 790, §1; Act 2024-329, §1; Act 2025-138, §1.)
The three kinds of courts-martial in the state military forces are:
(1) General courts-martial, consisting of either of the following:
a. A military judge and not less than five members.
b. Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves.
(2)a. Special courts-martial, consisting of a military judge alone.
b. The military judge shall be detailed to the court by the State Staff Judge Advocate of either the Alabama Army or Air National Guard.
c. The military judge may hear cases arising from any service or branch within the state military forces.
(3) Summary courts-martial, consisting of one commissioned officer.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
Each component of the Alabama National Guard has court-martial jurisdiction over all members of the particular component who are subject to this code. The Adjutant General maintains court-martial convening authority over members of either component subject to this code.
(Act 2012-334, p. 790, §1; Act 2017-260, §1.)
Subject to Section 31-2A-17 (Article 17), general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and, under such limitations as the Governor may prescribe, may adjudge any punishment not forbidden by this code.
(Act 2012-334, p. 790, §1.)
Subject to Section 31-2A-17 (Article 17), special courts-martial have jurisdiction to try individuals subject to this code for military-specific offenses made punishable by this code, and under such limitations as the Governor may prescribe, may adjudge any punishment not forbidden by this code except dishonorable discharge, dismissal, confinement for more than six months, or forfeiture of pay exceeding 24 days. Additional punishments under this section include reduction of soldiers or airmen in the rank of E-9 and below to the rank of E-1. Officers may be reduced in rank to the highest rank where the officer last served honorably before the underlying offense occurred.
(Act 2012-334, p. 790, §1; Act 2024-329, §1; Act 2025-138, §1.)
(a) Subject to Section 31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the Governor may prescribe.
(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general courts-martial may be ordered, as may be appropriate. Summary courts-martial, under such limitations as the Governor may prescribe, may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct discharge, confinement, restriction to specified limits for more than two months, or forfeiture of more than 15 days of pay.
(Act 2012-334, p. 790, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
(a) General courts-martial may be convened by any one of the following:
(1) The Governor.
(2) The Adjutant General.
(3) Any general officer serving in the Alabama Army or Air National Guard.
(b) If any commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by the superior authority if considered desirable by the authority.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) Special courts-martial may be convened by any one of the following:
(1) Any person who may convene a general court-martial.
(2) The commanding officer of a brigade, regiment, a group, or a corresponding unit of the Army.
(3) The commanding officer of a wing, group, or corresponding unit of the Air Force.
(4) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.
(b) If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by the superior authority if considered desirable by the authority.
(Act 2012-334, p. 790, §1.)
(a) Summary courts-martial may be convened by any one of the following:
(1) Any person who may convene a general or special courts-martial.
(2) The commanding officer of a battalion, or corresponding unit of the Army.
(3) The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force.
(4) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.
(b) When only one commissioned officer is present with a command or detachment that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary courts-martial cases. Summary court-martial, however, may be convened in any case by superior competent authority if considered desirable by the authority.
(Act 2012-334, p. 790, §1.)
(a) Any commissioned officer of the Alabama National Guard is eligible to serve on all courts-martial for the trial of any person subject to this code.
(b) Any warrant officer of the Alabama National Guard is eligible to serve on general and special courts-martial for the trial of any person subject to this code, other than a commissioned officer.
(c) Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member subject to this code, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. For the purposes of this article, the term “unit” means any regularly organized body of the state military forces not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.
(d) When it can be avoided, no person subject to this code may be tried by a court-martial any member of which is junior to the accused in rank or grade.
(e) When convening a court-martial, the convening authority shall detail as members of the court-martial the members of the Alabama National Guard as, in the convening authority’s opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial when that member is the accuser, a witness, or has acted as investigating officer or as counsel in the same case.
(f) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to his or her staff judge advocate.
(Act 2012-334, p. 790, §1.)
(a) A military judge shall be detailed to each general court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
(b) A military judge shall be all of the following:
(1) An active or retired commissioned officer.
(2) A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five years.
(3) Either a certified military judge or a judge of a court of competent jurisdiction who is approved by the Adjutant General.
(c) In the instance when a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the state judge advocate setting forth the qualifications provided in subsection (b) and with notice and approval of the State Bar and Chief Justice of the Alabama Supreme Court.
(d) The military judge of a general court-martial shall be designated by the state judge advocate, or a designee for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge who is detailed, which relates to performance of duty as a military judge.
(e) No individual is eligible to act as military judge in a case if that individual is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.
(f) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel nor vote with the members of the court.
(Act 2012-334, p. 790, §1; Act 2017-260, p. 405, §1; Act 2024-329, §1.)
(a) A military judge shall be detailed to each special court-martial. The military judge shall preside over each open session of the special court-martial to which the military judge has been detailed.
(b) A military judge shall be both of the following:
(1) A judge advocate who is a member in good standing of the Alabama National Guard.
(2) A member in good standing of the State Bar of Alabama for at least five years.
(c) The military judge of a special court-martial shall be designated by a state staff judge advocate, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge who is detailed, which relates to performance of duty as a military judge.
(d) No individual is eligible to act as military judge in a case if that individual is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.
(e) The military judge of a special court-martial may not consult or communicate with any party, or party’s representative, regarding a matter before him or her except in the presence of the accused, or defense counsel and trial counsel.
(Act 2024-329, §2.)
(a)(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. The Alabama National Guard shall prescribe regulations providing the manner in which counsel are detailed for such court-martial and for persons who are authorized to detail counsel for such court-martial.
(2) No person who has acted as investigating officer, military judge, witness, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution.
(3) Except as provided in subsection (b), trial counsel or defense counsel detailed for a general or special court-martial must be a judge advocate as defined in subsection (10) of Section 31-2A-1 (Article 1).
(b) In the instance when an accused elects to retain civilian counsel at his or her own expense and not at the expense of the government, the counsel shall be a member of the State Bar of Alabama or a member of good standing of a bar of a state and admitted pro hac vice in accordance with the State of Alabama, with notice and approval of the Alabama State Bar and Chief Justice of the Alabama Supreme Court.
(Act 2012-334, p. 790, §1.)
Under such regulations as may be prescribed, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.
(Act 2012-334, p. 790, §1.)
(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.
(b) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.
(c) If the military judge of a general court-martial is unable to proceed with the trial as a result of a challenge because of physical disability, or for other good cause, the trial shall proceed, subject to any applicable conditions of Section 31-2A-16(1)b. (Article 16(1)b.), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
(d) If the military judge of a special court-martial is unable to proceed with the trial as a result of a challenge because of physical disability, or for other good cause, the trial shall proceed, subject to any applicable conditions of Section 31-2A-16(2)b. and c. (Article 16(2)b. and c.), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) Charges and specifications shall be signed by an individual subject to this code under oath before either a commissioned officer or the clerk of the court as authorized by Section 31-2A-136(a) (Article 136(a)) to administer oaths and shall state both of the following:
(1) The signer has personal knowledge of, or has investigated, the matters set forth therein.
(2) The charges and specifications are true in fact to the best of the signer’s knowledge and belief.
(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the individual accused shall be informed of the charges as soon as practicable.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.
(b) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that he or she does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.
(c) No person subject to this code may compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.
(d) No statement obtained from any person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial.
(Act 2012-334, p. 790, §1.)
(a) No charge or specification may be referred to a general court-martial for trial until the completion of a preliminary hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary hearing shall be limited to the following:
(1) Determining whether there is probable cause to believe an offense has been committed and the accused committed the offense.
(2) Determining whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges.
(4) Recommending the disposition that should be made of the case.
(b) A preliminary hearing under subsection (a) shall be conducted by a hearing officer who satisfies all of the following:
(1) The hearing officer shall be an impartial judge advocate whenever practicable or, in exceptional circumstances in which the interests of justice warrant, an impartial hearing officer who is not a judge advocate. If the hearing officer is not a judge advocate, a judge advocate shall be available to provide legal advice to the hearing officer.
(2) Whenever practicable, the hearing officer shall be equal to or senior in grade to military counsel detailed to represent the accused or the government at the preliminary hearing.
(c) After conducting a preliminary hearing under subsection (a), the judge advocate or other officer conducting the preliminary hearing shall prepare a report that addresses the matters specified in subsections (a) and (f).
(d) The rights of the accused and victim at the preliminary hearing are as follows:
(1) The accused shall be advised of the charges against the accused and of the accused’s right to be represented by counsel at the preliminary hearing under subsection (a). The accused has the right to be represented at the preliminary hearing as provided in Section 31-2A-38 and in regulations prescribed under that section.
(2) The accused may cross-examine witnesses who testify at the preliminary hearing and present additional evidence in defense and mitigation, relevant to the limited purposes of the hearing, as provided for in subdivision (4) and subsection (a).
(3) A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for purposes of the preliminary hearing.
(4) The presentation of evidence and examination, including cross-examination, of witnesses at a preliminary hearing shall be limited to the matters relevant to the limited purposes of the hearing, as provided in subsection (a).
(e) A preliminary hearing under subsection (a) shall be recorded by a suitable recording device. The victim may request the recording and shall have access to the recording as prescribed by the Manual for Courts-Martial.
(f) If evidence adduced in a preliminary hearing under subsection (a) indicates that the accused committed an uncharged offense, the hearing officer may consider the subject matter of that offense without the accused having first been charged with the offense if the accused is all of the following:
(1) Present at the preliminary hearing.
(2) Informed of the nature of each uncharged offense considered.
(3) Afforded the opportunities for representation, cross-examination, and presentation consistent with subsection (d).
(g) The requirements of this section are binding on all persons administering this chapter, but failure to follow the requirements does not constitute jurisdictional error.
(h) For the purposes of this section, the term “victim” means a person who is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered and is named in one of the specifications.
(Act 2012-334, p. 790, §1; Act 2017-260, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
(a) Before directing the trial of any charge by general or special court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may refer a specification under a charge to a special court-martial after advice from the servicing judge advocate. The advice of counsel to the convening authority may be either in writing or verbal.
(b) The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate of all of the following:
(1) The specification alleges an offense under this code.
(2) The specification is warranted by the evidence indicated in the report of investigation under Section 31-2A-32 (Article 32), if there is such a report.
(3) A court-martial would have jurisdiction over the accused and the offense.
(c) The advice of the judge advocate under subsections (a) and (b) with respect to a specification under a charge shall include a written and signed statement by the judge advocate containing both of the following:
(1) Conclusions with respect to each matter set forth in subsections (a) and (b).
(2) Recommended action that the convening authority should take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.
(d) If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No individual, against the individual’s objection, may be brought to trial before a general court-martial case within a period of 45 days after the service of charges upon the accused, or in a special court-martial, within a period of 30 days after the service of charges upon the accused.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
Pretrial, trial, and post-trial procedures, including modes of proof, for court-martial cases arising under this code, and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by rules, or as otherwise provided by law, which shall apply the principles of law and the rules of court under the State of Alabama, to include: (i) the Alabama Rules of Evidence; (ii) Alabama Rules of Criminal Procedure; (iii) Alabama Rules of Juvenile Procedure; and (iv) Alabama Rules of Appellate Procedure.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, the military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to its judicial acts. This subsection shall not apply to either of the following:
(1) General instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial.
(2) Statements and instructions given in open court by the military judge, summary court-martial officer, or counsel.
(b) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code, in preparing any report, may do either of the following:
(1) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein.
(2) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.
(Act 2012-334, p. 790, §1.)
(a) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and, under the direction of the court, shall prepare the record of the proceedings.
(b)(1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation under Section 31-2A-32 (Article 32) as provided in this subsection.
(2) The accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by either of the following:
a. Military counsel detailed under Section 31-2A-27 (Article 27).
b. Military counsel of the accused’s own selection if that counsel is reasonably available as determined under subdivision (7).
(4) If the accused is represented by civilian counsel, military counsel detailed or selected under subdivision (3) shall act as associate counsel unless excused at the request of the accused.
(5) Except as provided under subdivision (6), if the accused is represented by military counsel of his or her own selection under paragraph (3)b., any military counsel detailed under paragraph (3)a. shall be excused.
(6) The accused is not entitled to be represented by more than one military counsel. However, the individual authorized under rules prescribed under Section 31-2A-27 (Article 27) to detail counsel, in that individual’s sole discretion:
a. May detail additional military counsel as assistant defense counsel.
b. If the accused is represented by military counsel of the accused’s own selection under paragraph (3)b., may approve a request from the accused that military counsel detailed under paragraph (3)a. act as associate defense counsel.
(7) The State Staff Judge Advocate of the same force of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.
(c) In any court-martial proceeding resulting in a conviction, the defense counsel may do any of the following:
(1) Forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered on behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate.
(2) Assist the accused in the submission of any matter under Section 31-2A-60 (Article 60).
(3) Take other action authorized by this code.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge, subject to Section 31-2A-35 (Article 35), may call the court into session without the presence of the members for the purpose of:
(1) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty.
(2) Hearing and ruling upon any matter which may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court.
(3) Holding the arraignment and receiving the pleas of the accused.
(4) Performing any other procedural function which does not require the presence of the members of the court under this code.
These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of court members and without regard to Section 31-2A-29 (Article 29).
(b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
(Act 2012-334, p. 790, §1.)
The military judge of a court-martial or the summary court-martial officer, for reasonable cause, may grant a continuance to any party for such time, and as often, as may appear to be just.
(Act 2012-334, p. 790, §1.)
(a) Challenges For Cause.
(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or the court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(2) If exercise of a challenge for cause reduces the court below the minimum number of members required by Section 31-2A-16 (Article 16), all parties, notwithstanding Section 31-2A-29 (Article 29), shall either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.
(b) Peremptory Challenges.
(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.
(2) If exercise of a peremptory challenge reduces the court below the minimum number of members required by Section 31-2A-16 (Article 16), the parties, notwithstanding Section 31-2A-29 (Article 29), shall either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.
(3) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
(Act 2012-334, p. 790, §1.)
(a) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking of the oath, the manner of recording the oath, and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulation or as provided by law. These regulations may provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.
(b) Each witness before a court-martial shall be examined under oath or affirmation.
(Act 2012-334, p. 790, §1.)
(a) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by courts-martial or punished under Section 31-2A-15 (Article 15) if the offense was committed more than 12 months before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under Section 31-2A-15 (Article 15).
(b) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this article.
(c) Periods in which the accused was absent from territory in which the state has the authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
(d) When the United States is at war, the running of any statute of limitations applicable to any offense under this code is suspended until two years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress if the offense:
(1) Involves fraud or attempted fraud against the United States, any state, or any agency of either in any manner, whether by conspiracy or not.
(2) Is committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States or any state.
(3) Is committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or government agency.
(e)(1) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in subdivision (2) are met.
(2) The conditions referred to in subdivision (1) are that the new charges and specifications shall:
a. Be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications.
b. Allege the same acts or omissions that were alleged in the dismissed charges or specifications, or allege acts or omissions that were included in the dismissed charges or specifications.
(Act 2012-334, p. 790, §1.)
(a) No person, without his or her consent, may be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial pursuant to this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.
(d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C., shall be barred from prosecution under this code.
(Act 2012-334, p. 790, §1.)
(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
(b) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.
(Act 2012-334, p. 790, §1.)
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the Alabama Rules of Criminal Procedure. Process shall run to any part of the United States, or the territories, commonwealths, and possessions, and may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or outside of the State of Alabama. A court-martial convened under this code may subpoena and compel the presence of witnesses and the production of documents in the same manner as a circuit court in a criminal case. The subpoena, however, shall be signed and issued by the assigned military judge and shall comply with the requirements of Chapter 21 of Title 12.
(Act 2012-334, p. 790, §1; Act 2017-260, p. 405, §1; Act 2024-329, §1.)
(a) Any person not subject to this code who does all of the following may be punished by the military court in the same manner as a criminal court of the state:
(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court.
(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state.
(3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.
(b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
(c) At the request of the military judge or the convening authority and upon receipt of proof that a person not subject to this code has refused to appear or testify or produce evidence as set forth in subsection (a), the circuit court of the county where the court-martial has been convened, upon application, shall institute criminal contempt proceedings against such person under the provisions of Rule 33, et seq., of the Alabama Rules of Criminal Procedure.
(Act 2012-334, p. 790, §1; Act 2017-260, §1.)
A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. A person subject to this code may be punished for contempt by confinement not to exceed five days or a fine of one hundred dollars ($100), or both. A person not subject to this code may be punished for contempt by a military court in the same manner as a criminal court of the state.
(Act 2012-334, p. 790, §1.)
(a) At any time after charges have been signed as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause.
(b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(d) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if any one of the following occurs:
(1) The witness resides or is beyond the state in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing.
(2) The witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing.
(3) The present location of the witness is unknown.
(Act 2012-334, p. 790, §1.)
(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(b) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(c) Such testimony may also be read in evidence before a court of inquiry.
(Act 2012-334, p. 790, §1.)
(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this article and charge members to find the accused any one of the following:
(1) Guilty.
(2) Not guilty.
(3) Not guilty only by reason of lack of mental responsibility.
(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused any one of the following:
(1) Guilty.
(2) Not guilty.
(3) Not guilty only by reason of lack of mental responsibility.
(e) Notwithstanding the provisions of Section 31-2A-52 (Article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if either of the following occurs:
(1) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.
(2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
(Act 2012-334, p. 790, §1.)
(a) Voting by members of a general court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
(b) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in Section 31-2A-52 (Article 52), beginning with the junior in rank.
(c) Before a vote is taken on the findings, the military judge, in the presence of the accused and counsel, shall instruct the members of the court as to the elements of the offense and charge the members of the court with all of the following:
(1) The accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt.
(2) In the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted.
(3) If there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt.
(4) The burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
(d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding, and in addition, on request, shall find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) No person may be convicted of an offense except as provided in Section 31-2A-45(b) (Article 45(b)) or by the concurrence of two-thirds of the members present at the time the vote is taken.
(b) All other questions to be decided by the members of a general court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
(c) Pursuant to its authority under Article XV, Section 271 of the Constitution of Alabama of 2022, the Legislature finds and declares that Article I, Section 11 of the Constitution of Alabama of 2022, does not apply to a court-martial proceeding. Courts-martial existed before the existence of the constitution, and their existence is recognized in the constitution. Further, courts-martial are an executive agency belonging to the executive branch, not the judicial branch, and were created by the Legislature pursuant to its authority under Article XV, Section 271, to provide for disciplining the militia.
(Act 2012-334, p. 790, §1; Act 2017-260, p. 405, §1; Act 2024-329, §1.)
A court-martial shall announce its findings and sentence to the parties as soon as determined.
(Act 2012-334, p. 790, §1.)
(a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel, or by that of a member if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose such a duty on a member under this subsection.
(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each general court-martial case resulting in a conviction.
(2) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations.
(c) Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations.
(d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated and once the accused provides timely notice of appeal.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
(Act 2012-334, p. 790, §1.)
(a) The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than one year for a military offense, nor shall a sentence of death be adjudged. A conviction by a court-martial of any military offense is a misdemeanor as defined under the Code of Alabama 1975.
(b) The limits of punishment for violations of the punitive articles prescribed herein shall be lesser of the sentences prescribed by the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code.
(Act 2012-334, p. 790, §1.)
(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
(b) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(c) All other sentences of courts-martial are effective on the date ordered executed.
(Act 2012-334, p. 790, §1.)
(a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person’s sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person’s jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(b)(1) In any case in which a court-martial sentences an accused referred to in subdivision (2) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States, or a foreign country referred to in that subdivision.
(2) Subdivision (1) applies to a person subject to this code who meets both of the following:
a. While in the custody of a state, the United States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial.
b. After the court-martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.
(3) In this subsection, the term “state” includes the District of Columbia and any commonwealth, territory, or possession of the United States.
(c) In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under Section 31-2A-67(a) (Article 67(a)) is pending, the Adjutant General may defer further service of the sentence to confinement while that review is pending.
(Act 2012-334, p. 790, §1.)
(a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this code. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.
(b) The omission of hard labor as a sentence authorized under this code does not deprive the state confinement facility from employing it, if it otherwise is within the authority of that facility to do so.
(c) No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
(Act 2012-334, p. 790, §1.)
(a) A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes either a bad-conduct discharge or confinement reduces that member to pay grade E-1, effective on the date of that approval.
(b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (a), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.
(Act 2012-334, p. 790, §1.)
(a)(1) A court-martial sentence described in subdivision (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this article shall take effect on the date determined under Section 31-2A-57(a) (Article 57(a)) and may be deferred as provided by that article. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during that period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during that period.
(2) A sentence covered by this article is any sentence that includes confinement for any period of time.
(b) In a case involving an accused who has dependents, the convening authority or other person acting under Section 31-2A-60 (Article 60) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
(c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subdivision (a)(2), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
(Act 2012-334, p. 790, §1.)
(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.
(b)(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any submission shall be in writing. Except in a summary court-martial case, a submission shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate under subsection (d). In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced.
(2) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this article, for good cause, may extend the applicable period under subdivision (1) for up to an additional 60 days as determined by the convening authority or person taking action under this article.
(3) In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by subdivision (1).
(4) The accused may waive the right to make a submission to the convening authority under subdivision (1). A waiver must be made in writing and may not be revoked. For the purposes of subdivision (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.
(c)(1) The authority under this article to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general courts-martial jurisdiction who may take action under this article.
(2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this article. Such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in that person’s sole discretion may approve, disapprove, commute, or suspend the sentence in whole or in part.
(3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person’s sole discretion may do any of the following:
a. Dismiss any charge or specification by setting aside a finding of guilty thereto.
b. Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
c. Set aside a reduction in rank and pay grade, even if the convening authority does not aside, remit, or reduce the confinement adjudged by the court-martial.
(d) Before acting under this article on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action under this article shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action under this article shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.
(e)(1) The convening authority or other person taking action under this article, in the person’s sole discretion, may order a proceeding in revision or a rehearing.
(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision do any of the following:
a. Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty.
b. Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this code.
c. Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
(3) A rehearing may be ordered by the convening authority or other person taking action under this article if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this subsection disapproves the sentence.
(Act 2012-334, p. 790, §1.)
(a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and his or her defense counsel and must be filed in accordance with appellate procedures as provided by law.
(b) The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.
(Act 2012-334, p. 790, §1.)
(a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification:
a. An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.
b. An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.
c. An order or ruling which directs the disclosure of classified information.
d. An order or ruling which imposes sanctions for nondisclosure of classified information.
e. A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information.
f. A refusal by the military judge to enforce an order described in paragraph e. that has previously been issued by appropriate authority.
(2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
(3) An appeal under this article shall be diligently prosecuted as provided by law.
(b) An appeal under this article shall be forwarded to the court prescribed in Section 31-2A-67 (Article 67). In ruling on an appeal under this article, that court may act only with respect to matters of law.
(c) Any period of delay resulting from an appeal under this article shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
(Act 2012-334, p. 790, §1.)
Each rehearing under this code shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
(Act 2012-334, p. 790, §1.)
(a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior judge advocate, or a designee for the convening authority. The senior judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior judge advocate’s review shall be in writing and shall contain all of the following:
(1) Conclusions as to whether:
a. The court had jurisdiction over the accused and the offense.
b. The charge and specification stated an offense.
c. The sentence was within the limits prescribed as a matter of law.
(2) A response to each allegation of error made in writing by the accused.
(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the general court-martial convening authority if any of the following occur:
(1) The judge advocate who reviewed the case recommends corrective action.
(2) The sentence approved under Section 31-2A-60(c) (Article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months.
(3) Such action is otherwise required by regulations of the Adjutant General.
(c)(1) The convening authority may do any of the following:
a. Disapprove or approve the findings or sentence, in whole or in part.
b. Remit, commute, or suspend the sentence in whole or in part.
c. Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both.
d. Dismiss the charges.
(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
(3) If the opinion of the senior judge advocate, or designee, in the senior judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the convening authority does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Adjutant General for review and action as deemed appropriate. In cases where the Adjutant General is the convening authority, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate. The Adjutant General or Governor shall act on this decision within 30 days of receiving the opinion and record of trial.
(Act 2012-334, p. 790, §1.)
Except as otherwise required by this code, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law.
(Act 2012-334, p. 790, §1.)
The Governor shall establish a Military Court-Martial Review Panel which shall be composed of one or more panels, and each panel shall be composed of not less than three appellate military judges. The military judges selected for the Military Court-Martial Review Panel shall be active, retired, or an individual who served for a minimum of eight years as a judge advocate within the Alabama Army or Air National Guard. Further composition and selection of judges for the panel shall be established by regulation pursuant to Sections 131 and 271 of the Constitution of Alabama of 2022. For the purpose of reviewing courts-martial cases, the body may sit in panels or as a whole in accordance with the rules prescribed by the Governor. All appeals of decisions of courts-martial shall proceed directly to the Military Court-Martial Review Panel.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
Decisions of the Military Court-Martial Review Panel are subject to review by the Alabama Supreme Court by writ of certiorari pursuant to Section 140 of Official Recompilation of the Constitution of Alabama of 1901, as amended. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases thereto.
(Act 2012-334, p. 790, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
(a) The senior judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in Section 31-2A-67 (Article 67) and before any federal court when requested to do so by the state Attorney General.
(b) Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
(c) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
(d) Upon the request of an accused entitled to be so represented, the regional defense counsel shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c).
(e) An accused may be represented by civilian appellate counsel at no expense to the state.
(Act 2012-334, p. 790, §1.)
(a) If the sentence of the court-martial extends to dismissal or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law of the State of Alabama.
(b) If the sentence of the court-martial extends to dismissal or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until review of the case by the senior judge advocate and any action on that review under Section 31-2A-64 (Article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Section 31-2A-60 (Article 60) when so approved under that article.
(c) The convening authority may suspend the execution of any sentence or part thereof.
(Act 2012-334, p. 790, §1.)
(a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.
(c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
(Act 2012-334, p. 790, §1.)
(a) At any time within 30 days after notice of approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.
(b) At any time within 30 days of discovery of newly discovered evidence or fraud on the court-martial, the accused may petition for a new trial with the Military Court-Martial Review Panel. In the event the accused’s case is pending before the Alabama Supreme Court, the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a) The Governor may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
(b) The Governor, for good cause, may substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
(Act 2012-334, p. 790, §1.)
(a) Under such regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
(b) If a previously executed sentence of or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused’s enlistment.
(Act 2012-334, p. 790, §1.)
The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in Section 31-2A-73 (Article 73) and to action under Section 31-2A-74 (Article 74).
(Act 2012-334, p. 790, §1.)
Under rules prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this article if the sentence, as approved under Section 31-2A-60 (Article 60), includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under Section 31-2A-60 (Article 60) or at any time after such date, and such leave may be continued until the date on which action under this article is completed or may be terminated at any earlier time.
(Act 2012-334, p. 790, §1.)
The determination of lack of mental capacity or mental responsibility shall be determined pursuant to Alabama state law as well as rules of the Department of Defense of the United States and the laws of the United States governing the Armed Forces of the United States as required under Section 272 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
(Act 2012-334, p. 790, §1.)
Any person subject to this code who does either of the following is a principal:
(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission.
(2) Causes an act to be done which if directly performed by him or her would be punishable by this code.
(Act 2012-334, §1.)
Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
(Act 2012-334, §1.)
(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
(Act 2012-334, §1.)
Any person subject to this code who conspires with any other person to commit an offense under this code, if one or more of the conspirators does an act to effect the object of the conspiracy, shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Any person subject to this code who solicits or advises another to commit a violation of this code, if the offense solicited or advised is attempted or committed, shall be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Any person who does either of the following shall be punished as a court-martial may direct:
(1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder.
(2) Procures his or her own separation from the Alabama National Guard by knowingly false representation or deliberate concealment as to his or her eligibility for that separation.
(Act 2012-334, §1.)
Any person subject to this code who effects an enlistment or appointment in or a separation from the Alabama National Guard of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
(a) Any member of the Alabama National Guard who does any of the following is guilty of desertion:
(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away permanently.
(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.
(3) Without being regularly separated from the Alabama National Guard, enlists or accepts an appointment in the same or another one of the state military forces, or in one of the Armed Forces of the United States, without fully disclosing the fact that he or she has not been regularly separated, or enters any foreign armed service except when authorized by the United States.
(b) Any commissioned officer of the Alabama National Guard who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Any person subject to this code who, without authority, does any of the following shall be punished as a court-martial may direct:
(1) Fails to go to his or her appointed place of duty at the time prescribed.
(2) Goes from the appointed place of duty.
(3) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed.
(Act 2012-334, §1.)
Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Any person subject to this code who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Any person subject to this code who does either of the following shall be punished as a court-martial may direct.
(1) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against him or her while he or she is in the execution of his or her office.
(2) Willfully disobeys a lawful command of his or her superior commissioned officer.
(Act 2012-334, §1.)
Any warrant officer or enlisted member who does any of the following shall be punished as a court-martial may direct:
(1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.
(2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer.
(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.
(Act 2012-334, §1.)
Any person subject to this code who does any of the following shall be punished as a court-martial may direct:
(1) Violates or fails to obey any lawful general order or regulation.
(2) Having knowledge of any other lawful order issued by a member of the Alabama National Guard, which it is his or her duty to obey, fails to obey the order.
(3) Is derelict in the performance of his or her duties.
(Act 2012-334, §1.)
Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
(a) Any person subject to this code who:
(1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.
(2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition.
(3) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Any person subject to this code who does any of the following shall be punished as a court-martial may direct:
(1) Resists apprehension.
(2) Flees from apprehension.
(3) Breaks arrest.
(4) Escapes from custody or confinement.
(Act 2012-334, §1.)
Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
(Act 2012-334, §1.)
Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Any person subject to this code who does either of the following shall be punished as a court-martial may direct:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code.
(2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
(a) All persons subject to this code shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.
(b) Any person subject to this code who does any of the following shall be punished as a court-martial may direct:
(1) Fails to carry out the duties prescribed in subsection (a).
(2) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself.
(3) Engages in looting or pillaging.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Any person subject to this code who, without proper authority does any of the following regarding any military property of the United States or of any state, shall be punished as a court-martial may direct:
(1) Sells or otherwise disposes of.
(2) Willfully or through neglect damages, destroys, or loses.
(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of.
(Act 2012-334, §1.)
Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Any person subject to this code, other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
Any sentinel or lookout who is found drunk or sleeping upon his or her post, or leaves it before being regularly relieved, shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, §1.)
Any person subject to this code who for the purpose of avoiding work, duty, or service does either of the following shall be punished as a court-martial may direct:
(1) Feigns illness, physical disablement, mental lapse, or derangement.
(2) Intentionally inflicts self-injury.
(Act 2012-334, §1.)
Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
(a) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind:
(1) With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, steals that property and is guilty of larceny.
(2) With intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of wrongful appropriation.
(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Any person subject to this code who, with intent to defraud does either of the following is guilty of forgery and shall be punished as a court-martial may direct:
(1) Falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his or her legal right or liability to his or her prejudice.
(2) Utters, offers, issues, or transfers such a writing, known by him or her to be so made or altered.
(Act 2012-334, §1.)
(a) Any person subject to this code who, for the procurement of any article or thing of value, with intent to defraud, or for the payment of any past due obligation, or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment, shall be punished as a court-martial may direct.
(b) The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee’s possession or control, is prima facie evidence of his or her intent to defraud or deceive and of his or her knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment. In this article, the word “credit” means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Any person subject to this code who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
(a) Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who does either of the following is guilty of aggravated assault and shall be punished as a court-martial may direct:
(1) Commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm.
(2) Commits an assault and intentionally inflicts grievous bodily harm with or without a weapon.
(Act 2012-334, §1.)
Reserved.
(Act 2012-334, §1.)
Any individual subject to this code is guilty of criminal trespass and shall be punished as a court-martial may direct if he or she is convicted of either of the following:
(1) Knowingly enters or remains unlawfully in a building or upon real property that is fenced or enclosed in a manner designed to exclude intruders.
(2) Knowingly enters or remains unlawfully in or on a premises.
(Act 2012-334, §1; Act 2024-329, §1.)
Any person subject to this code who in a judicial proceeding or in a course of justice willfully and corruptly does either of the following is guilty of perjury and shall be punished as a court-martial may direct:
(1) Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry.
(2) In any declaration, certificate, verification, or statement under penalty of perjury as permitted under 28 U.S.C. § 1746, or Article 5 of Chapter 10 of Title 13A, subscribes any false statement material to the issue or matter of inquiry.
(Act 2012-334, §1.)
Any person subject to this code who does any of the following shall, upon conviction, be punished as a court-martial may direct:
(1) Knowing it to be false or fraudulent, makes any claim against the United States, the state, or any officer thereof.
(2) For the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof makes or uses any writing or other paper knowing it to contain any false or fraudulent statements, makes any oath, affirmation, or certification to any fact or to any writing or other paper knowing the oath, affirmation, or certification to be false, or forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited.
(3) Having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the Armed Forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he or she receives a certificate or receipt.
(4) Being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the Armed Forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state.
(Act 2012-334, §1.)
Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
(Act 2012-334, §1.)
Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court must be determined in accordance with Section 31-2A-2(b) (Article 2(b)).
(Act 2012-334, §1.)
(a) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.
(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.
(c) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
(Act 2012-334, p. 790, §1.)
(a) The following individuals may administer oaths for the purposes of military administration, including military justice:
(1) All judge advocates.
(2) All summary courts-martial.
(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.
(4) All other individuals designated by regulations of the Armed Forces of the United States or by statute.
(b) The following individuals may administer oaths necessary in the performance of their duties:
(1) The president, military judge, trial counsel, and the clerk of court for all general and special courts-martial.
(2) The president and the counsel for the court of any court of inquiry.
(3) All officers designated to take a deposition.
(4) All individuals detailed to conduct an investigation.
(5) All recruiting officers.
(6) All other individuals designated by regulations of the Armed Forces of the United States or by statute.
(c) The signature without seal of any individual listed in subsection (a) or (b), together with the title of his or her office, is prima facie evidence of the individual’s authority.
(Act 2012-334, p. 790, §1; Act 2024-329, §1.)
(a)(1) The articles of this code shall be carefully explained to each enlisted member at the time, or within one year after, the member joins the Alabama National Guard.
(2) Such articles shall be explained again:
a. After the member has completed basic or recruit training.
b. At the time when the member reenlists.
(b) The text of the code and of the rules prescribed under such code shall be made available to a member of the state military forces, upon request by the member, for the member’s personal examination.
(Act 2012-334, p. 790, §1.)
Any member of the Alabama National Guard who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine the complaint and take proper measures for redressing the wrong complained of; and, as soon as possible, shall send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.
(Act 2012-334, p. 790, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by Section 31-2A-22 (Article 22).
(Act 2012-334, p. 790, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
Reserved.
(Act 2012-334, p. 790, §1.)
[Repealed]
REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
(Act 2012-334, p. 790, §1.)
All persons acting within their official capacity under the provisions of this code shall be immune from any civil liability to the same extent as judicial officers within the State of Alabama Unified Judicial System.
(Act 2012-334, p. 790, §1.)
The provisions of this code are hereby declared to be severable and if any provision of this code or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this code.
(Act 2012-334, p. 790, §1.)
This act may be cited as the Alabama Code of Military Justice (ACMJ).
(Act 2012-334, p. 790, §1.)
To the extent not inconsistent with existing law, nothing in this code affects the remainder of Chapter 2 of this title or the Constitution of Alabama of 1901.
(Act 2012-334, p. 790, §1.)
This chapter establishes and defines the operational procedures of the Alabama National Guard Legal Services Office, including the office’s composition, mission, and functions; provides duties and explains policies, objectives, and procedures for the development and maintenance of the office; provides duties for the supervision, training, employment, and administration of personnel; and provides procedures for acquiring and maintaining office legal research resources.
(Act 2025-104, §1.)
This chapter applies to all judge advocates and services and personnel thereof at all times, including during federal service.
(Act 2025-104, §1.)
(a) The Alabama National Guard and State Military Department shall adopt Army Regulation 27-1 and Air Force Instruction 51-304 as controlling when judge advocates are in federal service and when not in federal service in an advisory capacity.
(b) This chapter is supplemental and shall not be construed to abrogate any duties, responsibilities, or liabilities of judge advocates or legal services personnel.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
(a) The Legal Services Office shall be a joint office shared by the Alabama Army and Air National Guard. There shall be a State Staff Judge Advocate for both the Army National Guard and the Air National Guard.
(b) Each State Staff Judge Advocate shall do all of the following:
(1) Perform the duties as prescribed by the Adjutant General and state and federal law.
(2) Serve as the primary legal adviser to the Adjutant General regarding the State Military Department and all officers and agencies of the department.
(3) Provide independent legal advice in coordination with the Office of General Counsel and directly to the Director of the Joint Staff, chief of staff of each service, joint staff, and members of the Alabama National Guard, generally.
(4) Provide legal advice in the following areas:
a. Military justice.
b. Administration and operation of the State Military Department.
c. Business, property, and financial operations under the jurisdiction and authority of the State Military Department and the Armory Commission.
d. Administration, control, discipline, status, civil relations, and activities of all State Military Department personnel.
(5) Provide legal advice to the Adjutant General, Director of the Joint Staff, chief of staff of each service, and joint staff in all legal matters concerning the State Military Department, including environmental law, labor and civilian personnel law, contract law, and fiscal and tax law.
(6) Develop legal office management policies and procedures to accomplish all legal services within the Alabama National Guard.
(7) Direct the members of the Alabama National Guard Judge Advocate General Corps in the performance of their duties, including leading and managing all aspects of the Legal Service Office.
(8) Exercise technical supervision over the delivery of legal services in the Alabama Army and Air National Guard and all legal services personnel under the authority of the Adjutant General.
(9) Certify that all judge advocates are professionally qualified and maintain the highest levels of ethical and moral behavior and professional proficiency to perform legal duties.
(10) Manage the professional legal training within the Alabama National Guard.
(11) Determine the requirements for the Alabama National Guard’s acquisition of legal research materials, software, applications, and programs.
(12) Provide legal services to the Alabama National Guard through the Legal Services Office and the Office of General Counsel.
(13) Direct the delivery of Alabama Army and Air National Guard legal services across a broad spectrum of legal disciplines, including military justice, international and operational law, administrative and civil law, contract and fiscal law, claims, and legal assistance.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
(a) Under the direction of the Adjutant General and the State Staff Judge Advocates, the General Counsel shall do all of the following:
(1) Advise and support the State Staff Judge Advocates on all judge advocate legal service matters.
(2) Advise the Adjutant General, State Military Department, Governor, chief of staff of each service, and Director of the Joint Staff, as necessary.
(3) Serve as Chief Information Officer for the Judge Advocate General Counsel.
(4) Inspect, supervise, and manage judge advocate activities as directed by the State Staff Judge Advocates.
(5) Supervise all Alabama National Guard litigation and appeals.
(6) Supervise and provide advice on all contract and fiscal issues.
(7) Supervise and provide technical guidance regarding military justice and administrative law.
(8) Supervise the Office of General Counsel, including employment, professional responsibility, and office management matters.
(9) Establish policy and operational guidance for all aspects of the Legal Services Office.
(10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates.
(b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
The Deputy General Counsel shall do all of the following:
(1) Serve as director for the Legal Services Office, including military justice, legal assistance, administrative law, contract and fiscal law, and any other services as determined and delegated by a State Staff Judge Advocate or the Office of General Counsel.
(2) Coordinate and provide support for all legal services throughout the Alabama National Guard and the State Military Department under the direction of the State Staff Judge Advocates and the Office of General Counsel.
(3) Coordinate and support the Alabama National Guard Army Soldier Readiness Program.
(4) Coordinate and provide support for all legal services training in the Alabama National Guard.
(5) Coordinate and supervise all Alabama National Guard preventative law publications.
(6) Provide advice and counsel to Alabama National Guard SAPR/IPP Offices.
(7) Compile and publish the Alabama National Guard Legal Services Manual upon approval by the State Staff Judge Advocates.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
The Military Justice Associate General Counsel shall do all of the following:
(1) Serve as coordinator of all military justice matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to the Chief of Military Justice and all trial counsels and supporting staff.
(3) Provide and supervise all military justice training throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for Courts-Martial and any supporting state regulations and manuals with advice and consent of the State Staff Judge Advocates and the Chief of Military Justice.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
The Contract and Fiscal Law Associate General Counsel shall do all of the following:
(1) Serve as coordinator of all contract and fiscal law matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to the military judge advocates assigned to contract and fiscal law sections.
(3) Provide and supervise all contract and fiscal law training throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for Contract and Fiscal Law and any supporting rules and manuals with advice and consent of the State Staff Judge Advocates.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
The Administrative and Civil Law Associate General Counsel shall do all of the following:
(1) Serve as coordinator of all administrative and civil law matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to the military judge advocates assigned to administrative and civil law sections.
(3) Provide and supervise all administrative and civil law training throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for Administrative and Civil Law and any supporting rules and manuals with advice and consent of the State Staff Judge Advocates.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
The Operational Law Associate General Counsel shall do all of the following:
(1) Serve as coordinator of all operational law matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to military judge advocates assigned to administrative and civil law sections.
(3) Provide and supervise all military justice training throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for Operational Law and any supporting rules and manuals with advice and consent of the State Staff Judge Advocates.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
The Legal Assistance Associate General Counsel shall do all of the following:
(1) Serve as coordinator of all legal assistance matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to military judge advocates assigned to legal services sections.
(3) Provide and supervise all legal assistance training throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for Legal Assistance and any supporting rules and manuals with the advice and consent of the State Staff Judge Advocates.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
(a) Command, Wing, and Brigade Judge Advocates shall provide legal services to Major Military Commands, including MACOM, MAJCOM, and Wing in this state through legal offices and legal sections headed by judge advocates within each MACOM, MAJCOM, and Wing. Judge advocates shall be members of MACOM, MAJCOM, and Wing Commanders’ Staff and are designated as supervisory judge advocates.
(b) A Supervisory Judge Advocate shall be a judge advocate within an office or organization with authority over, or responsibility for, the direction, coordination, evaluation, or assignment of responsibilities and work of subordinate lawyers, paralegals, and other non-lawyer assistants within MACOM, MAJCOM, or Wing.
(c) The supervisory judge advocates shall include the Command Judge Advocate, Staff Judge Advocate, and the Brigade Judge Advocate as determined by the placement.
(d) The Command Judge Advocate, Staff Judge Advocate, and Brigade Judge Advocate shall do all of the following:
(1) Advise the commander regarding legal matters and assist the commander in exercising his or her duties as a part of the commander’s personal staff, all under the management and supervision of the respective State Staff Judge Advocate.
(2) Assist the commander in identifying legal problems and render legal advice in support of the commander’s decision-making process.
(3) Furnish legal advice, assistance, and support across the broad spectrum of military, state, and federal practice, including administrative law, claims, contract, and fiscal law, international and operational law, and military justice; provided, all legal assistance is reserved to the Legal Services Office unless otherwise determined by a State Staff Judge Advocate.
(4) Be responsible for the efficient, effective, and ethical delivery of legal services to his or her commanders and commands.
(5) Create and maintain rating and supervisory chains that comply with applicable Army standards and ensure effective leadership of all legal personnel of the command legal office.
(6) Ensure legal personnel are adequately trained to accomplish the legal mission, including through local training and through attendance at the Judge Advocate Center and School courses, including that all judge advocate attorneys accomplish continuing legal education required by the Alabama State Bar.
(7) Appoint and assign duties of the chief paralegal, trial counsel, and Deputy Command Judge Advocate, Deputy Staff Judge Advocate, or Deputy Brigade Judge Advocate, as appropriate, with consent of the State Staff Judge Advocate.
(8) Maintain written standard office procedures and annex to Operation Order for Command.
(9) Maintain proper written reports regarding investigations, separations, and military justice as directed by the Office of General Counsel and State Staff Judge Advocate.
(10) Publish an office SOP and OPORD Annex for their respective commands.
(Act 2025-104, §1.)
THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
(a) In accordance with Army Regulation 27-1, all paralegals and warrant officers are under the direction of a State Staff Judge Advocate with supervision delegated to each Command Judge Advocate, Staff Judge Advocate, or Brigade Judge Advocate, as appropriate.
(b) Unless directed otherwise by the State Staff Judge Advocate, all paralegals and warrant officers shall perform only legal professional duties as outlined in their respective legal service regulations.
(Act 2025-104, §1.)
(a) The Alabama National Guard, commanders, and supervisory judge advocates shall provide logistical support for the Legal Services Office, including adequate personnel, facilities, supplies, and equipment necessary to carry out its mission and functions in the most professional, efficient, and effective manner possible.
(b) Minimum logistical support shall include all of the following:
(1) Sufficiently private workspace for attorneys and support staff which ensures freedom from unnecessary distractions and provides for client confidentiality and privacy, including a private consultation room.
(2) Locking file cabinets to ensure the privacy of records.
(3) Computer hardware and software to maintain client records; provided, only authorized personnel may have access.
(4) A sufficient number of attorneys and qualified administrative, paralegal, and clerical support personnel to accomplish workload.
(5) Computers for each assigned judge advocate, paralegal, and legal assistant; software, peripherals, networking, telecommunication equipment, including nonsecure Internet protocol router network access and, where required, secure Internet protocol router network access; and maintenance and supplies for computer hardware and software, including training for personnel.
(6) Appropriate and private client waiting areas in legal services and assistance offices.
(7) Standard legal office equipment as determined by technological advancements and by the State Staff Judge Advocate or the Office of General Counsel.
(8) Access to digital libraries, including general research material and legal services for specialized topics, including adequate funding and resources for essential access to computer automated legal research capabilities.
(9) Adequate funding for continuing legal education for all assigned and attached attorneys sufficient to satisfy requirements of each attorney’s primary jurisdiction of bar membership, including additional specialty or assignment training for attorneys and support staff.
(10) Cellular telephones and similar devices as determined by the State Staff Judge Advocate or Office of General Counsel to support legal mission requirements.
(11) Adequate transportation support.
(c) The management and delivery of legal services in the Alabama National Guard requires the use and support of court computer access to software applications, such as: Jagcnet, Adobe, Word Perfect, Alacourt, Alafile, and federal court litigation access.
(Act 2025-104, §1.)
This chapter provides policies, roles, responsibilities, and procedures for the Alabama National Guard Legal Assistance Program. This chapter shall not be construed to create any substantive or procedural right against this state or the United States, or any agencies or officers thereof, or any other person.
(Act 2025-104, §2.)
(a) The Legal Assistance Program shall be modeled after Army Regulation 27-3, Air Force Instruction 51-304, and Air National Guard Instruction 51-504. When not in federal service these federal regulations shall be advisory and not controlling and any inconsistencies shall be resolved in favor of state law and rules. This chapter shall be applicable to all judge advocates at all times, even when in federal service. For any conflict between this chapter and federal law or rule during federal service, federal service regulations shall control.
(b) The Alabama National Guard shall incorporate all of the following: (i) Army Regulation 27-3; (ii) Air Force Instruction 51-304; and (iii) Air National Guard Instruction 51-504. Nothing in this chapter shall abrogate the duties, responsibilities, or liabilities of judge advocates or personnel under these regulations or any other federal law or regulation that may apply to judge advocates during federal service.
(Act 2025-104, §2.)
(a) The mission of the Legal Assistance Program is to assist eligible clients with managing their personal legal affairs in a timely and professional manner by doing all of the following:
(1) Meeting clients’ needs for information on personal legal matters.
(2) Resolving clients’ personal legal problems whenever possible.
(b) The Legal Assistance Program shall be under the direction of the Adjutant General. The mission of the Legal Assistance Program is based on military needs of readiness, morale, discipline, and retention according to the following:
(1) Readiness. Because soldiers, airmen, and emergency-essential Department of Defense civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times.
(2) Morale. Fostering high morale of soldiers, airmen, and their families is an important aspect of readiness. High morale is enhanced by providing soldiers, airmen, and their families information, advice, and assistance responsive to their personal legal needs and problems.
(3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure.
(4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force.
(5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.
(Act 2025-104, §2.)
(a) The Alabama Staff Judge Advocate for the Alabama Army and Air National Guard shall do all of the following:
(1) Maintain ultimate responsibility for the overall supervision and administration of the Legal Assistance Program.
(2) Through the Director of Legal Services within the Office of General Counsel:
a. Execute program director responsibilities for the Legal Assistance Program;
b. Exercise technical oversight over judge advocates and civilian attorneys serving in the Legal Assistance Program;
c. Provide technical guidance over attorneys serving as Alabama National Guard/NGB Special Victims’ Counsel; and
d. Develop policies and procedures for the Legal Assistance Program’s Manual of Legal Assistance.
(b) The MACOM Judge Advocate Office shall provide legal assistance if they have a separate legal assistance judge advocate. Otherwise, the Legal Services Office, through the Legal Assistance Program, shall advise and counsel all legal services issues within MACOMs. MACOM judge advocates may provide emergency legal assistance, if approved by the Director of Legal Services.
(Act 2025-104, §2.)
The Alabama National Guard Legal Assistance Associate General Counsel shall be responsible for legal assistance services in the Alabama National Guard and State Military Department, and shall do all of the following:
(1) Provide legal assistance services pursuant to Army Regulation 27-3, Air Force Instruction 51-304, and Air National Guard Instruction 51-504, and as may be directed or limited by the State Staff Judge Advocate.
(2) Formulate and publish an Alabama National Guard Manual for Legal Assistance, to be updated annually.
(3) Ensure proper planning and coordination for Soldier Readiness Program legal support.
(4) Secure adequate facilities, equipment, supplies, and personnel for the provision of legal assistance services.
(5) Coordinate, draft, publish, and execute preventive legal assistance initiatives and services that meet the needs of the Alabama National Guard and its respective commands.
(6) Establish, where appropriate, any consistent limitations to accomplish the mission of the Legal Services Office.
(7) Maintain up-to-date legal trackers of clients and services for the Legal Services Office.
(Act 2025-104, §2.)
Unless inconsistent with superior orders or other duties or responsibilities, all of the following are authorized to provide legal assistance:
(1) Judge advocates and personnel supporting the Legal Services Office under the authority of the Adjutant General and State Staff Judge Advocates.
(2) Judge advocates and personnel supporting the Army and Air National Guard under Army Regulation 27-3, Air Force Instruction 51-304, and Air National Guard Instruction 51-504.
(3) State and Department of Defense civilian attorneys and judge advocates as approved by the State Staff Judge Advocates.
(4) Staff judge advocates and Office of General Counsel interns or externs under the supervision of the State Staff Judge Advocate or Office of General Counsel.
(Act 2025-104, §2.)
(a) The Legal Services Office along with designated supervisory judge advocates shall ensure that all attorneys and non-lawyer assistants providing legal services develop and maintain the requisite level of competency required by the Alabama State Bar, state rules, and federal regulations that apply to judge advocates.
(b) The Legal Assistance Associate General Counsel shall ensure all of the following:
(1) All judge advocates and attorneys under his or her supervision receive continuing legal education in the areas of law, policy, and professional responsibility relevant to legal assistance. Training should take advantage of courses sponsored by state and federal government agencies; national, state, and local bar associations; and the Judge Advocate General’s Legal Center and School.
(2) The Legal Services Office periodically conducts training covering the laws affecting legal assistance cases in coordination with local bar associations, legal aid offices, local practitioners, and relevant state and local government agencies.
(3) Paralegal specialists, office intake personnel, and receptionists receive training and instructions on safeguarding the privacy and confidentiality of client information, conflicts of interest, reporting procedures for violations of the standards, and other professional responsibility topics related to legal assistance. Participation in local legal assistance training shall be encouraged. Supervisory lawyers should encourage and support participation in the Army’s Paralegal Degree Program for all paralegal soldiers.
(4) Other attorneys who may be called to perform legal assistance duties receive appropriate training in legal assistance.
(Act 2025-104, §2.)
Eligible clients of the Legal Assistance Program, subject to the limitations described herein, include all of the following:
(1) Alabama Army and Air National Guard members, employees, retirees, and their dependents. Retired members of the Alabama National Guard are those retirees who are entitled to or are receiving military retirement pay, including individuals on the temporary disability retired list.
(2) The Legal Assistance Associate General Counsel, with the advice and consent of the State Staff Judge Advocates, may limit legal assistance in times of emergencies or to certain categories of cases based on availability of expertise or resources.
(3) Dependents of eligible individuals identified herein. For purposes of this subdivision, the term “dependent” has the same meaning as defined in 10 U.S.C. § 1072.
(4) Surviving dependents of eligible individuals as identified herein who would be eligible for legal assistance, if the service member or retired member were alive.
(Act 2025-104, §2.)
The Adjutant General or a State Staff Judge Advocate may limit or expand the Legal Assistance Program depending on the space, facilities, or personnel available and the nature and scope of services needed.
(Act 2025-104, §2.)
Preventative law services are an integral part of the Legal Assistance Program as defined in Army Regulation 27-1 and Air Force Instruction 51-304, the purpose of which is to assist and educate Alabama National Guard members, employees, retirees, and dependents about their legal rights, privileges, and responsibilities. The Alabama National Guard Legal Assistance Program shall strive to work with state agencies, local and state bar associations, and community leaders on the most pressing legal issues to best address any issues and to disseminate legal information to assist eligible persons in making sound legal decisions.
(Act 2025-104, §2.)
(a) The Legal Assistance Program shall include a Preventative Law Program that does all of the following:
(1) Publishes one or more preventative law publications per quarter and distributes the publications via any medium easily accessible to eligible clients.
(2) Participates in command newcomer orientation briefings, professional development programs, general military training, other unit education programs, and family readiness group presentations. Attorneys and paralegals are encouraged to sponsor and participate in lectures, seminars, forums, and meetings that inform soldiers, family members, and retirees about legal problems and issues.
(3) Maintains a legal assistance website or social media presence that contains information on the office hours, location, and services available. Legal assistance offices are encouraged to disseminate preventative law materials on these sites. All published material must be reviewed and updated at least quarterly to ensure accuracy.
(4) Makes preventative law handouts available in waiting rooms and other appropriate locations.
(b) In addition to taking the measures in subsection (a) to educate soldiers and their family members, the Preventative Law Program shall employ the following measures to prevent future legal issues:
(1) Identify landlords and other businesses that take unfair advantage of soldiers and family members and coordinate with local installation housing referral offices, local Armed Forces Disciplinary Control Boards, and local, state, and federal consumer protection agencies to develop procedures to enforce fair business practices.
(2) Assess whether changes in law or regulation could prevent common legal problems and make regulatory or legislative suggestions to initiate those changes. Recommendations for changes to federal law, regulations, or other policy should be forwarded to the Alabama National Guard Legal Services Office.
(Act 2025-104, §2.)
(a) The scope of Alabama National Guard legal services is limited to the types of cases, matters, and services as defined and outlined in Army Regulation 27-3, Air Force Instruction 51-304, and Army National Guard Instruction 51-504.
(b) The Alabama National Guard Legal Services Office may limit or expand any services depending on expertise, resources, and personnel.
(c) Legal assistance services are provided at no cost to a client; however, the Alabama National Guard Legal Services Office is not responsible for any costs associated with a client’s legal matter, including, but not limited to, court fees, charges, filing fees, discovery fees, application fees, appeal bonds, fines, civilian or private attorney fees, or any other costs.
(Act 2025-104, §2.)
(a) All judge advocates providing legal assistance must obtain and hold an occupational license from the Alabama State Bar or, with exception and approval of a State Staff Judge Advocate, from another state bar under which the judge advocate is licensed. Further, judge advocates should establish and maintain a liaison with national, state, and local bar organizations. Membership in professional organizations, especially local branches involved in providing legal services pertinent to the military community and attendance at professional meetings and seminars is encouraged.
(b) Upon receipt of necessary approval by a State Staff Judge Advocate, judge advocates and personnel may obtain reimbursement of license fees and any necessary fees associated with continuing legal education or membership in local or state bar associations.
(c) Legal assistance attorneys are encouraged to provide presentations to their civilian counterparts on military legal assistance issues.
(d) The Legal Services Office shall work to incorporate the purposes of the Military Law Committee with coordination between the Alabama State Bar and local bar associations regarding military legal services, referral services, and legal issues within this state.
(Act 2025-104, §2.)
Nothing in this chapter shall affect the standards of professional conduct required by the United States Army, United States Air Force, National Guard Bureau, or the Alabama State Bar, nor shall it expand any services of the Legal Services Office or personnel, outside of the scope and liability protections of the applicable service regulations. All functions under this chapter and Chapter 2B and all other activities relating to the Legal Services Office are governmental functions for defense and security of Alabama state military forces.
(Act 2025-104, §2.)
(a) Judge advocates and paralegals while performing duties under Title 10 or Title 32, United States Code, may perform notarial acts, pursuant to 10 U.S.C. § 1044a, or if qualified as a notary public under state law.
(b) Pursuant to 10 U.S.C. § 1044a, judge advocates, even when not in a duty status, have the general powers of a notary public in the performance of all notarial acts.
(c) Pursuant to 10 U.S.C. § 1044a(b)(4), Alabama National Guard paralegals have the general powers of a notary public in the performance of all notarial acts, even when in a non-duty status.
(d) Judge advocates and paralegals may use a seal or stamp citing the authority under 10 U.S.C. § 1044a when performing notarial acts.
(e) The cost of a state notary public commission, if required by a State Staff Judge Advocate, may be reimbursed upon his or her approval.
(f) Civilian employee notaries may perform these services within the limits of the commission under the rules for the jurisdiction. No fees may be charged for these notary services.
(g) All actions of military notaries qualified under 10 U.S.C. § 1044a are valid and enforceable in this state.
(Act 2025-104, §2.)
(a) The following words and phrases when used in this chapter shall have the following meanings, respectively, unless the context shall clearly indicate a different meaning in the connection used:
(1) AWARDING AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4 of Chapter 9 of Title 41 of this Code.
(2) CHILD or CHILDREN. Includes posthumous children and all other children entitled by law to inherit as children of the deceased, also stepchildren who were members of the family of the deceased at the time of his or her death, and dependent upon him or her for support, also a grandchild of the deceased Alabama national guardsman, whose parent is dead or is an invalid, and who was supported by and was a member of the family of the deceased grandparent at the time of his or her death.
(3) DEPENDENT CHILD. An unmarried child under the age of 18 years, or one over that age who is physically or mentally incapacitated from earning.
(4) ALABAMA NATIONAL GUARDSMEN. The officers and men and women commissioned or enlisted in the Alabama National Guard, army, air, or space, as defined in Section 31-2-3.
(b) For the purposes of this chapter, the following described persons shall be conclusively presumed to be wholly dependent:
(1) A spouse of an Alabama National Guardsman, unless it be shown that the spouse was voluntarily living apart from the national guardsman at the time of the national guardsman’s death, or unless it be shown that the national guardsman was not in any way contributing to his or her spouse’s support and had not in any way contributed to his or her spouse’s support for more than 12 months next preceding the occurrence of the injury causing the national guardsman’s death.
(2) Minor children under the age of 18 years and those, if physically and mentally incapacitated from earning, children 18 or more years of age.
(3) A husband, wife, child, mother, father, grandmother, grandfather, sister, brother, mother-in-law, and father-in-law who were wholly supported by the deceased Alabama national guardsman, at the time of the national guardsman’s death and for a reasonable period of time prior thereto, shall be considered his or her dependents and payment of compensation may be made to them as authorized in this chapter.
(c) Any member of the class named in subdivision (b)(3) who regularly derived part of his or her support from the earnings of the deceased Alabama national guardsman, at the time of death of the national guardsman and for a reasonable time immediately prior thereto, shall be considered a partial dependent of the national guardsman and payment of compensation may be made to the partial dependent as authorized in this chapter.
(Acts 1967, No. 436, p. 1105, §1; Act 2022-88, §1.)
In the event an Alabama national guardsman is killed, either accidentally or deliberately, while on state active duty status as defined by Section 31-12-1, his or her dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury, as provided in this chapter, unless the death was caused by the wilful misconduct of the guardsman or was due to his or her own intoxication or his or her wilful failure or refusal to use safety appliances provided by his or her commanding officer or other person in charge, or his or her wilful refusal or neglect to perform a statutory duty or any other wilful violation of a law, or his or her wilful breach of a reasonable rule or regulation governing the performance of his or her duties as such guardsman, of which rule or regulation he or she had knowledge. Any Alabama national guardsman whose death results proximately and within three years from an injury received while on state active duty status, for the purposes of this chapter, shall be deemed to have been killed while on state active duty status; provided, however, that the compensation provided for by this chapter shall be limited to state duty and shall not be extended to cover any federal duty status.
(Acts 1967, No. 436, p. 1105, §2; Act 2021-84, §1.)
The compensation payable to surviving dependents of Alabama national guardsmen who are killed under the circumstances prescribed in Section 31-3-2 shall be paid to the persons entitled thereto, without administration, or to a guardian or such other person as the awarding authority may direct, for the use of the persons entitled thereto as follows:
(1) If the deceased Alabama national guardsman leaves a dependent widow and no other dependents or partial dependents the total amount of the compensation provided for by this chapter shall be paid to such widow.
(2) If the deceased Alabama national guardsman leaves a dependent widow and a dependent child or dependent children and no other dependents or partial dependents, then the total amount of the compensation provided for by this chapter shall be paid to such widow for the benefit of herself and such child or children. Or, in its discretion, the awarding authority may determine what portion of the compensation shall be applied for the benefit of such child or children and may order the same paid to a guardian and then order only the remainder of such compensation paid to such widow.
(3) If the deceased Alabama national guardsman leaves a dependent child or children, and no dependent widow or other dependents or partial dependents then such child or children shall be entitled to the total amount of the compensation authorized by this chapter, and such compensation shall be paid to a duly appointed guardian of such child or children, or in the discretion of the awarding authority, such sum may be paid to the probate judge of the county of residence of the child or children. Any probate judge who receives any moneys due any child or children under this chapter shall handle and administer all such funds in the manner prescribed in Sections 26-7-2 through 26-7-5.
(4) If the deceased Alabama national guardsman leaves no dependent wife, or dependent child or children but leaves other dependents or partial dependents, then such dependents and partial dependents jointly shall be entitled to the total amount of the compensation provided by this chapter, and subject to the limitations prescribed in subdivision (8) of this section, such compensation shall be paid to them in the amounts and manner ordered by the awarding authority.
(5) If a deceased Alabama national guardsman leaves a dependent widow and other dependents or partial dependents but no dependent child or children, then such widow and the other dependents and partial dependents jointly shall be entitled to the total compensation provided by this chapter; and, subject to the limitations prescribed in this subdivision, such compensation shall be paid to such dependents in the proportions and in the manner ordered by the awarding authority; provided, however, at least 50 percent of such compensation must be awarded to the dependent widow.
(6) If a deceased Alabama national guardsman leaves a dependent widow and a dependent child or children and other dependents and partial dependents, then the awarding authority shall determine what portion of such compensation shall be paid to such widow and child or children, and, in its discretion, may order all such compensation paid to such widow and child or children, but must provide that at least 70 percent thereof is paid to such widow and child or children.
(7) If a deceased Alabama national guardsman leaves a dependent child or children and other dependents and partial dependents but no dependent widow, then the awarding authority shall determine what portion of such compensation such child or children are entitled to receive; and, in its discretion, may order all such compensation awarded to such child or children, but must award at least 60 percent thereof to such child or children.
(8) If a deceased Alabama national guardsman leaves no dependent wife, nor child or children, but leaves other dependents and partial dependents, the awarding authority shall determine what portion of such compensation each dependent and each partial dependent shall be entitled to receive; but such authority may not award to a partial dependent a greater percentage of such compensation than the percentage of the deceased guardsman’s average monthly income which was regularly contributed toward such partial dependent’s support for a reasonable time immediately prior to the death of such guardsman. In its discretion the awarding authority may award all of the compensation provided by this chapter to such total dependents of the deceased guardsman to the exclusion of partial dependents.
(Acts 1967, No. 436, p. 1105, §3.)
Compensation pursuant to this chapter for the death of an Alabama national guardsman shall be paid only to his dependents who, at the time of such guardsman’s death, were actually residents of the United States.
(Acts 1967, No. 436, p. 1105, §4.)
(a) All claims for compensation as provided in this chapter shall be presented to the awarding authority within one year from the date of the death of the Alabama national guardsman on whom the claimant was dependent; otherwise, they are forfeited. All such claims shall be presented in the form prescribed by the awarding authority. Proof of the facts and circumstances of the Alabama national guardsman’s death and the claimant’s relationship to and dependence upon such guardsman shall be made in the manner prescribed by the awarding authority.
(b) The awarding authority is hereby authorized to prescribe such forms and adopt such rules of evidence and procedure as it deems necessary or proper, not inconsistent with the provisions of this chapter, for the proper determination of all claims for compensation under this chapter.
(Acts 1967, No. 436, p. 1105, §5.)
The Board of Adjustment, when serving as the awarding authority under this chapter, shall hear and determine claims for compensation under this chapter in the same manner prescribed by law for the hearing and determination by such board of other claims against the state. If, when acting as the awarding authority, it determines that an applicant for compensation under this chapter is entitled thereto, it may adjudge and order that such compensation shall be paid out of the appropriations hereafter made to the Board of Adjustment for the purposes of this chapter, and, if the funds in such appropriation have been exhausted, then out of any fund or funds appropriated to the Board of Adjustment for the purposes of Article 4 of Chapter 9 of Title 41 of this Code.
(Acts 1967, No. 436, p. 1105, §6.)
This chapter shall not be construed to give any person a right of action against the State of Alabama in any court for the recovery of the compensation authorized by this chapter. The decision of the awarding authority shall be final, and shall not be subject to appeal to or review by any court. Neither shall this chapter be construed to take away any right of action in any court under any other law for the recovery of damages for the death of an Alabama national guardsman; nor, in the event of the death of a guardsman who was an employee of the State of Alabama at the time of the injury which proximately caused his death, shall this chapter be construed to take away the right or privilege of the surviving dependents of such guardsman to file a claim for damages with the State Board of Adjustment pursuant to any other law.
(Acts 1967, No. 436, p. 1105, §7.)
The Governor of Alabama, the Adjutant General of Alabama, the Attorney General of Alabama, the two highest ranking Army National Guard officers, and the highest ranking Air National Guard officer, together with three duly qualified electors of Alabama, to be appointed by the Governor, and to serve for a term of six years, shall constitute the Armory Commission of Alabama. The Governor shall be its chairman. The three members of the commission who were appointed by the Governor and who are serving on May 12, 1977, shall serve for a term of six years from the date of their appointment, and their successors shall be appointed for a term of six years.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §186; Acts 1977, No. 578, p. 767; Act 2001-640, p. 1315, §1.)
The Armory Commission may, by filing with the Secretary of State of the State of Alabama, become a public body and a body corporate when the members of the commission shall present to the Secretary of State of the State of Alabama an application signed by them which shall set forth the name, official designation, and official residence of each of the members of the commission, together with a copy of the appointment by the Governor evidencing their right to hold office; the date and place of induction into and the taking of the oath of office; their desire that the commission become a body corporate and politic under this chapter; the name which is proposed for the corporation; the location of the principal office of the proposed corporation; and any other matters relating to the incorporation which the members may choose to insert not inconsistent with the Constitution and laws of the State of Alabama. The application shall be subscribed and sworn to by each of the members, except the Governor, before an officer authorized by the laws of the State of Alabama to take and certify oaths, who shall certify upon the application that he or she personally knows the members and believes them to be the officers as asserted in the application and that each subscribed and swore thereto in the presence of the officer. Thereupon, the Secretary of State shall examine the application, and if he finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, he shall receive and file it and shall record it in his office, and when the application has been made, filed, and recorded as provided in this section, the Armory Commission of Alabama shall constitute a corporation under the name proposed in the application and the Secretary of State of the State of Alabama shall make and issue to the members a certificate of incorporation pursuant to this chapter under the seal of the state and shall record the same with the application. The corporation shall have succession by its corporate name for as long as there exists in the State of Alabama a National Guard or militia of Alabama and thereafter until all its liabilities have been finally paid and discharged.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §187; Acts 1977, No. 578, p. 767.)
The commission may in its corporate name sue and be sued, contract and be contracted with, acquire real and personal property by gift, purchase, lease, hire, or condemnation, and may do all things and exercise all rights and powers reasonably necessary to carry out and perform the duties intended or required by this chapter. The members shall serve without compensation and shall be paid the expenses allowed by law while attending meetings of the commission or while traveling under orders for the performance of duty in connection with the business of the commission, the expense to be payable out of any funds available to the commission, or if the Governor so directs, out of the active military service appropriation. The commission shall hold regular or special meetings at Montgomery or other designated places at the discretion and on call of the Governor, after reasonable notice. A majority of the members shall constitute a quorum for the consideration of business. The commission may delegate to an executive committee, consisting of not less than three of its members, such of its duties and authority as it may deem proper and advisable, not inconsistent with the provisions of this chapter.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §188.)
In addition to the powers now conferred by law, the Armory Commission of Alabama is hereby authorized and empowered to execute and deliver a bond, with or without surety, in such manner and on such terms and conditions as may be required by the United States, for the care and safekeeping of such transportation, animals, arms, ammunition, supplies, tentage, equipment, and materials as may be necessary or desirable for the operation, conduct, and training of any reserve units of any of the Armed Forces of the United States authorized by law at any time to be conducted in conjunction with any public educational school, college, or university in the State of Alabama.
(Acts 1949, No. 324, p. 471.)
The Armory Commission of Alabama is hereby authorized, in addition to all other powers and authority granted herein, to finance or refinance any armory buildings or structures now in existence, to finance or refinance improvements to or additions to such armories already in existence and to finance the construction and maintenance of new or additional armories. The Armory Commission of Alabama is hereby vested with the full authority and power to finance or refinance armories already in existence, to finance the construction of improvements or additions to such armories already in existence and to finance the construction of such new or additional armories by or through any plan or plans of finance or refinance acceptable to or adopted by the Armory Commission. The Armory Commission is authorized to provide for such financing or refinancing by the sale of bonds, by the matching of funds donated or loaned by any agency of the federal government or by any other plan of finance or refinance acceptable to and adopted by the commission, it being intended by this section to vest in the Armory Commission of Alabama, full, complete, and exclusive authority, not inconsistent with the Constitution of Alabama, to select and put into effect any feasible plan of finance or refinance the commission may adopt.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §189.)
The Governor of Alabama is hereby authorized to use, in his discretion, any part of any appropriation or contingent appropriation heretofore or hereafter made for any military purpose or for the benefit of the state militia or any part thereof, irrespective of the original purpose thereof, for the purpose of paying any part or all of any expenses or obligations incurred by the Armory Commission of Alabama after August 23, 1935, in carrying out its duties under this chapter.
(Acts 1935, No. 276, p. 672; Acts 1939, No. 508, p. 772; Code 1940, T. 35, §190.)
The Armory Commission of Alabama shall provide adequate armories, buildings, equipment, furniture, target ranges, and other necessary facilities for the proper housing, instruction, training, and administration of all units and headquarters of the National Guard and Naval Militia of Alabama. It shall provide for the State Military Department like facilities needed for the proper protection, care, maintenance, repair, issue, and upkeep of public property of the State of Alabama and of the United States issued to or for the use of the National Guard or Naval Militia of Alabama, and for the proper and efficient administration of the Alabama National Guard or Naval Militia, and shall provide for the maintenance, upkeep, repair, and improvement of such facilities.
(Acts 1935, No. 276, p. 672; Acts 1939, No. 508, p. 772; Code 1940, T. 35, §191.)
The governing body of any county and the governing body of any city or incorporated town wherein a unit or units of the Alabama National Guard or Alabama Naval Militia have been, or may hereafter be established, may, either severally or acting jointly with each other or with the Armory Commission, construct, or acquire by purchase, contract, lease, gift, donation, or condemnation, grounds or buildings which shall be suitable for public assemblages, conventions, exhibitions, and entertainments; provided, that such buildings, or the plans and specifications therefor, are first approved by the Armory Commission as suitable for use as armories by the Alabama National Guard or Alabama Naval Militia unit or units upon terms not inconsistent with this chapter.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §193.)
The Armory Commission may, either alone or in cooperation with the United States or political subdivisions of the state, such as counties, cities, or incorporated towns, and private corporations, voluntary unincorporated associations or individuals, construct or acquire by purchase, contract, lease, gift, donation, or condemnation, armories, buildings, or grounds, suitable for drill instruction and administration and the safekeeping of public property and make additions and improvements in or to such armories and facilities, and, either alone or with the like cooperation of others, provide heat, light, water, telephone service, and other costs of operation and maintenance, including insurance. The amounts to be appropriated out of any armory funds for the construction or acquisition of armories, and for the maintenance or rental of armories, shall, within the limits set forth in this section, be wholly within the discretion of the Armory Commission.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §192.)
The power of condemnation granted in this chapter to the Armory Commission of Alabama, and to counties, cities, and incorporated towns, shall be exercised in the manner prescribed in the Code of Alabama.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §196.)
Any municipality or county owning lands on which no permanent building has been actually constructed, whether such lands constitute part of a park or site for some public structure, is authorized to convey the same to the Armory Commission of Alabama for use as a site for an armory for the Alabama National Guard or Naval Militia; provided, that such conveyance will not prevent the reasonable use of any such structure for the purpose for which it was constructed.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §194.)
All property actually used for armory and military training purposes, as defined in this chapter, shall be exempt from all taxation, import, or assessment.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §195.)
Whenever any new armory construction is to be made by the Armory Commission of Alabama out of any state moneys without federal aid, the Armory Commission of Alabama shall submit the plans and specifications for such new construction to the technical and engineering staff of the Building Commission of 1945 for technical and engineering approval, and all bids asked for and contracts let shall be under the supervision of the technical and engineering staff in consultation with the Armory Commission, and the technical and engineering staff of the Building Commission of 1945 shall inspect, supervise, and approve the construction of such armories. Whenever any new armories are to be built by the Armory Commission of Alabama involving the expenditure of state funds and the expenditure of federal funds, on the basis of matching of state and federal funds, the plans and specifications for such new armory construction shall be subject to the technical and engineering approval of the technical and engineering staff of the Building Commission of 1945 on behalf of the state and such agencies of the federal government as may be designated by the proper federal authority, and the technical and engineering staff of the Building Commission of 1945 shall inspect, supervise, and approve the construction of such buildings on behalf of the state. Except as otherwise provided in this section, the Armory Commission of Alabama shall retain and exercise exclusively all of the rights, powers, authority, functions, and duties imposed and entrusted to it by this chapter.
(Acts 1949, No. 561, p. 880.)
Whenever in the opinion of the Armory Commission it is practicable to do so, each armory of the National Guard or Naval Militia shall contain a room suitable for meetings of associations composed of veterans of the Spanish-American War, the World Wars, the Korean War and the Viet Nam War, and shall be available for such meetings under such rules and regulations as may be prescribed by the commanding officer of the National Guard unit or units using such armory. The Armory Commission of Alabama may permit the use of any armory for assembly and other purposes of various patriotic and civic organizations such as the Sons of Confederate and Federal Veterans, the American Legion, Veterans of Foreign Wars, Daughters of the Confederacy, the Chamber of Commerce, etc., as may be deemed advisable, where the use does not interfere with the use of the armory by the National Guard unit or units occupying same. When the unit or units of the National Guard or Naval Militia occupying an armory ceases to exist for any reason, the Armory Commission shall make a decision whether it is in the best interest of the state to keep the armory or whether the same shall be sold and the proceeds deposited back in the Armory Fund, or if same should be rented and the proceeds placed in the Armory Fund. Any sales made must be public ones and have the time, place, and terms of proposed sale advertised for one month prior to sale in at least six daily newspapers of the state, of which at least three must be outside the county in which the armories are located, and each must be in different cities.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §197.)
The Armory Commission shall also constitute a board for the general management and care of armories and drill and training areas, when established, and shall have the power to adopt and prescribe rules and regulations for the management and government thereof, and to formulate such rules for the guidance of the organizations occupying them as may be necessary and desirable. The rules shall not conflict with the provisions of this chapter. For each armory erected or provided, the Governor shall appoint, with the advice of the Armory Commission, a board of control to consist of one or more officers of organizations quartered therein. Such board or officer of control may rent the armory for temporary purposes subject to regulations to be prescribed by the Armory Commission, and the money derived from such rental shall be paid to the Armory Commission.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §198; Act 2014-298, p. 1079, §1.)
When the State Armory Commission shall receive information from the Governor of the disbandment of an organization of the National Guard or Naval Militia of Alabama occupying or using an armory provided under the direction of the Armory Commission, it shall be the duty of the commission to determine whether such armory shall be sold or not. If it is determined that such armory shall be sold, the same shall be sold to the highest bidder after publication of advertisement for bids, and the proceeds of such sale shall be divided between the state, county, and city as their interest may appear; provided that in case an armory becomes vacant by reason mentioned in this section, the Armory Commission for the state may lease such armory for a period not to exceed one year, or, when duly authorized by the Governor, may lease the same for a period of years, the proceeds therefrom in either case to be turned into the Armory Fund.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §199.)
Every city and county in the State of Alabama now having, or that may hereafter have, an active National Guard or Naval Militia organization or organizations within its boundaries is hereby authorized and empowered to render such financial assistance as it may deem wise and patriotic to such National Guard or Naval Militia organization, either by donating land or buildings, or donating the use of such land or buildings or by contributing money to their equipment and maintenance.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §200.)
In the event that any real property is donated to a National Guard or Naval Militia organization or organizations, which organization or organizations shall fail or refuse to use same, or shall, after accepting same, be disbanded, the title to the real property thus donated shall revert to the person, county, city, or municipality donating the same, as their interest may appear.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §202.)
In order that there shall be provided maintenance funds for amories and other buildings erected and areas provided for drill and training and other military purposes under the provisions of this chapter, the Adjutant General of this state is authorized to pay out of the “Regular Military Appropriations” sums equivalent to, or not more than, the whole sums now or hereafter appropriated by the state for the upkeep and maintenance of National Guard or Naval Militia organizations under the heading of “Maintenance for Headquarters and Organizations” authorized under Chapter 2 of this title, in the discretion of the Governor upon the advice of the Armory Commission of Alabama.
(Acts 1935, No. 276, p. 672; Code 1940, T. 35, §201.)
As used under this chapter, the following terms have the following meanings:
(1) BOARD. The State Board of Veterans Affairs.
(2) COMMISSIONER. The chief executive officer of the State Department of Veterans Affairs.
(3) DEPARTMENT. The State Department of Veterans Affairs.
(4) VETERAN. Either of the following:
a. Any individual who served in the active military, naval, air, or space forces of the United States and who was discharged or released under conditions other than dishonorable.
b. Any individual who is entitled, under 10 U.S.C. Chapter 1223, to retired pay for nonregular service or, but for age, would be entitled under that chapter to retired pay for nonregular service.
(Acts 1945, No. 173, p. 304, §1; Act 2024-442, §1.)
The State Board of Veterans Affairs is established to oversee the State Department of Veterans Affairs. The department shall be composed of a commissioner and other officers and employees authorized to be appointed under this chapter who meet the qualifications prescribed by the commissioner.
(Acts 1945, No. 173, p. 304, §2; Act 2024-442, §1; 2025-37, §1.)
(a)(1) The board shall be composed of the Governor, as chair, and representatives, to serve for a term of four years from the date of their respective appointments, who shall be selected from the memberships of the Alabama Department of the American Legion, the Veterans of Foreign Wars, the Disabled American Veterans, the Vietnam Veterans of America, AMVETS, the Military Order of the Purple Heart, the American Ex-Prisoners of War, Incorporated, the Alabama Aliance of the Military Officers Association of America, Incorporated, and the Marine Corps League.
(2) The nomination of the representatives shall be made by the executive committees or similar governing bodies of the respective organizations. There shall be one representative from each of the organizations for the first 7,500 resident members, or fraction thereof, and one additional representative from each organization for each additional 7,500 resident members, or fraction thereof. The total memberships of the respective organizations shall be determined on July 1 of the year in which the representatives shall be designated from the state enrollment of each organization as duly verified for correctness by the adjutant or a similar officer of the organization. Notwithstanding the foregoing, the executive committees or similar governing bodies of the organizations shall each nominate to the Governor three veterans who are members of the organizations for each place on the board to which the organizations are entitled to have a nominee. The nominations shall also include, in representative proportions, veterans of every war which are included in the membership of the organizations.
(3) Notwithstanding subdivisions (1) and (2), if (i) a vacancy occurs before the end of a term, (ii) an organization fails to nominate to the Governor a list of nominees within 90 days after a term ends, or (iii) the membership of any organization decreases below 500 members, the Governor may appoint a veteran of his or her choosing in a manner that conforms with subdivision (4).
(4) Appointments to the board shall be representative of the entirety of the state’s veteran community. Board members shall include veterans from various branches of the Armed Forces of the United States and service eras, including active-duty service members so long as permitted under federal law, and consist of both members and nonmembers of veteran service organizations. Board members should also represent entities that provide meaningful services to veterans and their families. The appointing authorities shall coordinate their appointments to assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state’s veteran community.
(5) A member may not serve more than two consecutive terms.
(6) By May 16, 2025, an organization may nominate a new slate of names from which the Governor shall appoint a new member to fill the remainder of the respective term.
(b) The board shall serve in an oversight capacity and shall do all of the following:
(1) Advise the commissioner on veterans’ matters that are within the scope of the authority of the department.
(2) Develop policy recommendations for the state as it relates to veterans and veterans’ affairs.
(3) Recommend initiatives to assist the well-being of veterans and veterans’ families.
(4) Assist the commissioner and department as needed and as otherwise provided in this chapter.
(c) The board shall hold meetings at times and locations to be determined by rules of the department or as designated by the chair.
(d) The presence of a majority of the members at any regular or special meeting of the board shall constitute a quorum for the transaction of all business.
(e) Members of the board shall be entitled to a per diem, to be fixed by the commissioner, and their traveling and other necessary expenses actually incurred while attending meetings of the board or on the business of the department.
(Acts 1945, No. 173, p. 304, §§3, 4; Acts 1966, Ex. Sess., No. 207, p. 255; Acts 1975, No. 1038, p. 2081; Acts 1986, No. 86-504, p. 984; Acts 1990, No. 90-526, p. 769; Acts 1994, No. 94-262, p. 495, §1; Act 2009-788, p. 2477, §1; Act 2011-625, p. 1476, §1; Act 2012-528, p. 1569, §§1, 2; Act 2024-442, §1; Act 2025-37, §1.)
(a) The department shall assist veterans of the United States in presenting and pursuing any credible claim the veteran may have against the United States arising out of his or her military service and in establishing the veteran’s right to any privilege, preference, care, compensation, or pension as provided by federal law or the laws of this state, when the veteran requests assistance. When a veteran who is applying to a representative of the department has executed a power of attorney to any veterans organization or the American Red Cross, which has entered into an agreement with the department, the representative shall do all of the following:
(1) Accept any credible claim or information pertaining to any claim, right, preference, privilege, compensation, pension, or application for care from the veteran.
(2) Advise him or her as to the proper preparation of the claim.
(3) Arrange, upon request of the veteran, for the further handling, presenting, and prosecuting of the claim.
(b) Should any veteran making application to the department not have given a power of attorney to any organization to represent the veteran in handling his or her affairs, the department shall advise the veteran of the organizations recognized by the United States Department of Veterans Affairs to represent him or her and allow the veteran to make his or her choice of the organization he or she desires to represent him or her.
(Acts 1947, No. 302, p. 154, §1; Act 2021-239, §1; Act 2024-442, §1.)
(a)(1) The department shall adopt rules governing the manner of performance of all functions and duties of the department and the various officers and employees, including the selection and appointment of all assistant commissioners, district managers, and veteran service officers.
(2) The department may adopt other rules as necessary to implement this chapter.
(3) On March 18, 2025, all rules previously adopted by the board shall be considered rules of the department until such time the department amends or repeals the rules.
(b) The department, in consultation with the board, shall establish and operate state veterans cemeteries and may apply to the government of the United States, or any subdivision, agency, or instrumentality thereof, for funds for the purpose of establishing, operating, and maintaining the cemeteries. The department may enter into agreements with any subdivision of the state for assistance in operating the cemeteries. The department shall own the land on which the cemeteries are located. The department may accept federal grant funds, funding from state subdivisions, donations from private sources, and federal plot allowance payments. All of these funds shall be deposited into the Alabama Veterans’ Assistance Fund and may be used only for the establishment, operation, and maintenance of veterans cemeteries. The department may accept suitable cemetery land, in accordance with federal veterans cemetery grant guidelines, from the federal government, state government, state subdivisions, private sources, and any other source wishing to transfer land for use as a veterans cemetery. No funds used for these projects may be from the Education Trust Fund. The commissioner may execute deeds and other instruments of conveyance for the department. Any deed of cemetery property to the department prior to August 1, 2012, is ratified and confirmed.
(c) The department, through the commissioner and in consultation with the board, may contract with any organization of veterans which, for a period of five years next preceding the date of the contract, has maintained an established committee or agency rendering services to veterans, similar to the services referred to in Section 31-5-4, to perform the services for veterans and to process any claims or matters of veterans who apply to the department for assistance when the veterans have executed a power of attorney to the veterans’ organization. The department, through the contract, shall compensate the veterans’ organizations on the basis of service rendered, which compensation shall be paid from sums appropriated to the department. No contract shall be made unless the commissioner determines, owing to the confidential relationships involved and the necessity of operating through agencies which the veterans involved will feel to be sympathetic towards their problems, that the services cannot satisfactorily be rendered other than through the agency of the veterans’ organization and that the best interests of the veterans involved will be served if the contract is made.
(Acts 1947, No. 302, p. 154, §2; Act 2024-442, §1; Act 2025-37, §1.)
(a) The Governor shall appoint a commissioner to serve at the Governor’s pleasure. The commissioner shall be appointed on the basis of education, ability, and experience in handling veterans’ affairs, and without regard to political affiliations. The commissioner shall be a resident of this state, shall be a veteran who served on active duty for a period of 60 days or more in the Armed Forces of the United States, and shall have been honorably discharged. The commissioner’s salary shall be set by the Governor and shall not be subject to Section 36-6-6.
(b) The commissioner shall be the executive and administrative officer of the department and may issue administrative orders and directives to all officials and employees in the department.
(c) The department, acting through the commissioner, shall be the designated agency of this state to represent the state and its veterans before the United States Department of Veterans Affairs or any other agency dealing with the interests of veterans.
(d) The commissioner, in consultation with the board, may enter into reciprocal agreements with other states to render services in this state to veterans who are nonresidents.
(e) The commissioner shall appoint all assistant commissioners, district managers, and veteran service officers as provided in this chapter, fix salaries, and establish minimum standards of service. This power shall be without regard to any limitation established by law, unless any law passed hereafter shall refer specifically to a particular officer or employee of the department.
(f) The commissioner shall appoint all personnel in the department as authorized or may be authorized in the future under the state Merit System and approved by the State Personnel Board.
(g) The commissioner may engage in activities designed to educate, recognize, and promote the mission of the board to veterans, the public, potential applicants, and other public agencies and, in doing so, may incur marketing expenditures for educational, informational, and promotional items to be used to further its purposes.
(Acts 1945, No. 173, p. 304, §4; Act 2021-239, §1; Act 2024-442, §1; Act 2025-37, §1.)
(a) The commissioner shall submit an annual budget to the board of all funds appropriated by the Legislature to the department for the specific purposes for which they are appropriated and also a budget of any federal funds that may be allotted to the state by the federal government for the purposes of the department according to the regulations of the federal authorities. The commissioner shall publish annually a full report of the operations and administration of the department and submit the report to the board.
(b) The commissioner shall do all of the following:
(1) Prepare detailed plans for, and fully develop, a comprehensive statewide veterans assistance program.
(2) Cooperate with all other heads of the state departments in coordinating the plans and programs of state agencies that may properly be utilized in the administration of various aspects of the challenges faced by veterans and dependents of veterans.
(3) Provide a central contact between federal agencies dealing with the administration of veterans’ services and benefits.
(4) Maintain central case records of all veterans seeking services or benefits to create a clearinghouse of information and facilitate the interchange of information and case histories among state administrative agencies and the federal agencies.
(5) Become acquainted, and acquaint department associates and employees, with the federal, state, and local laws enacted for the benefit of members of the armed forces, veterans, and their families and dependents.
(6) Collect data and information about available facilities and services and cooperate with information or service agencies throughout the state to inform members of the armed forces, veterans, their families and dependents, and military and civil authorities regarding the existence or availability of all of the following:
a. Educational training and retraining facilities.
b. Health, medical, rehabilitation, and housing services and facilities.
c. Employment and reemployment services.
d. Provisions of federal, state, and local laws affording rights, privileges, and benefits to members of the armed forces, veterans, and their families and dependents.
e. Other matters of similar, relative, or appropriate natures.
(7) Assist all resident veterans and their relatives, beneficiaries, and dependents in receiving from the United States and this state all compensation, pensions, hospitalization, insurance, education, employment, loan guarantees, or any other aid or benefit to which they may be or may become entitled under existing laws of the United States or of this state.
(8) Cooperate and negotiate with the federal government and all national, state, and local governmental or private agencies to secure additional services or benefits for veterans, their families, and their dependents who are residents of this state.
(Acts 1945, No. 173, p. 304, §9; Acts 1951, No. 960, p. 1632; Act 2024-442, §1; Act 2025-37, §1.)
The commissioner may appoint additional assistant commissioners to serve as employees in the department, subject to the rules of the department. Assistant commissioners shall be appointed on the basis of education, ability, and experience in handling veterans’ affairs, and without regard to political affiliations. The appointees shall be residents of this state, shall be veterans who served on active duty for a period of 60 days or more in the Armed Forces of the United States, and shall have been honorably discharged.
(Acts 1945, No. 173, p. 304, §5; Act 2024-442, §1; Act 2025-37, §1.)
(a) Except as provided in subsection (b), the commissioner shall appoint a veteran service officer for each county in the state. Each veteran service officer shall be an employee of the department and subject to the rules of the department. The veteran service officer shall be a resident of this state, a qualified elector therein, shall be a veteran who served on active duty for a period of 60 days or more in the Armed Forces of the United States, and shall have been honorably discharged. In making appointments, consideration shall be given to whether the applicants are residents of the county. The commissioner shall economize as far as possible in the administration of this section.
(b)(1) The commissioner shall determine whether there is a need for a veteran service officer in any particular county. In making this determination, the commissioner shall consider the total population of the county, the number of men and women inducted into the armed services from the county, the number of veterans present in the county, and special circumstances and facts involving the concentration of industries or other problems that may increase or decrease the number of veterans in certain localities.
(2) Where the circumstances do not justify establishing a separate office in each county, the commissioner shall establish service areas in the state containing one or more counties and shall establish a service office for each service area in a location most advantageous to the veterans within each area.
(c) The commissioner shall establish districts within the state containing one or more counties or service areas, and shall appoint district managers to manage or assist veteran service officers. District managers appointed under this section shall be selected in the same manner and possess the same qualifications as veteran service officers.
(Acts 1945, No. 173, p. 304, §6; Act 2021-239, §1; Act 2024-442, §1; Act 2025-37, §1.)
(a) Each veteran service officer and district manager shall perform the duties prescribed by policies, rules, and instructions adopted by the department and shall be administratively responsible to the commissioner.
(b) Each veteran service officer and district manager shall do all of the following:
(1) Cooperate with and assist local veteran service organizations in developing assistance programs for veterans.
(2) Furnish information and data to the commissioner relative to various aspects of the issues of veterans and dependents of veterans.
(3) Provide an information and referral service to veterans seeking aid and assistance in connection with matters pertaining to employment and reemployment, educational and vocational training, health, medical, rehabilitation, and housing services and facilities, emergency financial assistance, and other matters as appropriate.
(4) Cooperate with all national, state, and local governmental and private agencies offering services or any benefits to veterans and their families and dependents.
(5) Assist all resident veterans and their relatives, beneficiaries, and dependents in receiving from the United States and this state all compensation, pension, hospitalization, insurance, education, employment, loan guarantees, or other aid or benefit to which they may be entitled under existing federal law or laws of this state, or which may be created, and perform all other related duties assigned by the commissioner.
(6) Seek out and advise veterans of their rights and benefits under federal and state laws, encourage the use of educational opportunities, including trade and vocational training, and offer counsel to widows, orphans, and beneficiaries in order to secure the fullest extent of available benefits.
(Acts 1945, No. 173, p. 304, §10; Act 2024-442, §1; Act 2025-37, §1.)
(a) The commissioner shall have a seal of office and, along with each assistant commissioner, district manager, and veteran service officer, shall subscribe and execute an oath before entering into the duties of his or her office.
(b) The commissioner shall designate employees to become notaries public who may administer oaths to any individual swearing to the correctness of any statement made in connection with any application for compensation, hospitalization, insurance, pension, or any other service, aid, or benefit to which the individual, or any other individual on whose behalf any statement is made, may be or may become entitled under existing federal law or laws of this state.
(Acts 1945, No. 173, p. 304, §13; Act 2024-442, §1.)
[Repealed]
REPEALED BY ACT 2024-442, EFFECTIVE OCTOBER 1, 2024.
(Acts 1945, No. 173, p. 304, §12.)
The department and the commissioner shall maintain offices in the capital city of the state. The commissioner, in addition to any service office, if deemed necessary, may set up and maintain a service office staffed by an assistant commissioner, veteran service officer, or district manager, with sufficient clerical assistance.
(Acts 1945, No. 173, p. 304, §11; Act 2024-442, §1; Act 2025-37, §1.)
(a) Salaries of officials and employees of the department, as provided in this chapter, and office, travel, and other expenses incidental to the proper establishment, operation, and maintenance of the department, or other offices established by the commissioner, as provided in this chapter, may be paid by the State of Alabama from the State General Fund.
(b) Notwithstanding subsection (a), each county in which a veteran service officer’s or district manager’s office is established shall furnish suitable office space in the county courthouse, or another suitable location in the county for his or her use, and the county shall pay all expenses associated with the operation of the office, including, but not limited to, any rental, telephone, facsimile, business-class Internet, janitorial service, power, heating and air conditioning, employee parking, and other operational support or maintenance expenses. Personnel costs of department officials and employees are not considered expenses for which payment is required of the county.
(Acts 1945, No. 173, p. 304, §8; Act 2012-406, p. 1110, §1; Act 2021-239, §1; Act 2024-442, §1.)
The Legislature finds that there exists a significant need for health, nursing, medical, rehabilitative, and related housing structures for residents of this state who have served their state and nation in its armed forces. The Legislature further finds that in order to meet this need, it is necessary to establish state veterans homes to be operated by the department, and to vest in the department the authority to establish and operate state veterans homes. This chapter shall be liberally construed in conformity with this purpose.
(Acts 1988, 1st. Sp. Sess., No. 88-776, p. 184, §1; Act 2024-442, §2.)
As used in this chapter, the terms “board,” “commissioner,” “department,” and “veteran” shall have the same meaning as defined in Section 31-5-1.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §1; Act 2024-442, §2.)
The department is the sole agency authorized to receive federal aid from the United States Department of Veterans Affairs or any other agency of the United States government authorized to pay federal aid to states for state homes under 38 U.S.C. §§ 1741 and 1742, as amended, and from any other federal law or act of Congress providing for the payment of funds to states for the care of or support of disabled veterans in state homes. The department may receive from any source gifts, contributions, bequests, and individual reimbursements, the receipt of which does not exclude any other source of revenue. All funds received by the department shall be deposited in the State Treasury in the Alabama Veterans Home Trust Fund as established in Section 31-5A-7, and the funds shall be expended as authorized by the commissioner.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §2; Act 2024-442, §2; Act 2025-37, §2.)
The department shall contract with a non-governmental entity to operate state veterans homes for the care and support of elderly or disabled veterans in this state. Contracts for the procurement of services required to manage, administer, and operate a state veterans home shall be awarded on a competitive basis through the solicitation of proposals. The contract may be awarded to the vendor whose proposal is most advantageous to the state, taking into consideration cost factors, program suitability factors, management plan, excellence of program design, key personnel, corporate or company resources, financial condition of the vendor, corporate experience and past performance, and any other requirements deemed necessary by the department and expressed in its solicitation for proposals. Any contract awarded under this section shall be for a period not to exceed five years. The department is not required to select the vendor offering the lowest cost proposal but shall select the vendor who, in the department’s discretion, offers the proposal most advantageous to this state. The award of contracts described in this section are exempt from the requirements of Chapter 16 and Chapter 4 of Title 41.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §3; Act 2024-442, §2; Act 2025-37, §2.)
The commissioner shall appoint an executive director for oversight and coordination of all state veterans homes and shall also appoint an on-site director for each state veterans home. The executive director and on-site director positions created pursuant to this section shall be exempt status, and shall be subject to guidelines established by the department. Each director shall be appointed on the basis of education, ability, and experience in the administration of medical facilities or nursing homes, without regard to political affiliations. Each director shall perform his or her duties in accordance with the rules, guidelines, and general policies established by the department and as provided in this chapter.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §4; Act 2024-442, §2; Act 2025-37, §2.)
The commissioner, in consultation with the board, shall do all of the following:
(1) Provide for the operation of state veterans homes for the care of and support of elderly and disabled veterans in this state as prescribed in this chapter.
(2) Adopt rules for the creation and operation of any state veterans home.
(3) Apply for and accept gifts, grants, and other contributions from the federal government or from any other governmental unit.
(4) Use funds received from the federal government or from any other governmental unit for the purposes authorized and directed by the federal government or other governmental unit in making the funds available.
(5) Accept gifts, grants, donations, and contributions of real estate, both vacant and improved, facilities, services, or other property from individuals, firms, corporations, organizations, and associations, and from county and municipal corporations and their subdivisions, plus any other sources of revenue for any state veterans homes. All expenditures from the trust fund shall be made upon warrants issued by the state Comptroller drawn on account held by the State Treasury based upon claims approved by the commissioner.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §5; Act 2024-442, §2; Act 2025-37, §2.)
(a) A trust fund in the State Treasury is created for the benefit of the State Department of Veterans Affairs, to be known as the Alabama Veterans Home Trust Fund.
(b) The trust fund shall consist of all funds received by the board or the department from the United States, any federal agency or institution, gifts, contributions, bequests, any individual reimbursements, and any other source, for the care or support of veterans, discharged other than under dishonorable conditions, who have been admitted and cared for at a state veterans home.
(c) Nothing contained in this section prohibits the establishment and utilization of special agency accounts by the department and its constituent institutions for receipt and disbursement of the personal funds of state veterans home residents and members or for receipt and disbursement of charitable contributions and donations for use by and for the benefit of residents and members.
(d) The trust fund created pursuant to this section shall be used by the department to pay for the care of veterans, discharged other than under dishonorable conditions, in a state veterans home and to pay the general operating expenses of a state veterans home, including the payment of salaries and wages of officials and employees. Funds in the trust fund may be used to remodel, repair, construct, build additions, modernize, or add improvements of domiciliary or hospital buildings necessary for the care of veterans, plus architectural plans, specifications, or other pertinent costs as approved by appropriate state agencies. All funds deposited, plus income earned on investment or reinvestment, shall be credited to the trust fund created pursuant to this section. Any money remaining in the fund at the end of each fiscal year shall remain on deposit in the State Treasury to the credit of the Alabama Veterans Home Trust Fund. No funds shall be withdrawn or expended for any purpose unless the funds have been allotted and budgeted in accordance with Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the General Appropriation Act.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §6; Act 2024-442, §2; Act 2025-37, §2.)
(a) Admissions to and discharges from any state veterans home shall be in accordance with the policies and procedures established by the department at the time an application for admission or for discharge is submitted.
(b) The department may admit and discharge veterans to any state veterans home who qualify for care and treatment under 38 U.S.C. §§ 1710 and 1741, and may adopt rules consistent with accepted medical considerations to carry out this function.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §7; Act 2024-442, §2; Act 2025-37, §2.)
(a) The department shall report annually to the Governor the activities of the department regarding the operation of the state veterans homes.
(b) The annual report shall contain an accounting of all monies received and expended, statistics on veterans who resided in the homes during the year, recommendations to the Governor and the Legislature, and other matters deemed pertinent by the department.
(c) The commissioner shall compile an annual budget request, as necessary, listing needs for state funding for anticipated costs of veterans homes. The budget request shall be submitted to the Department of Finance in conjunction with the State Department of Veterans Affairs annual budget requests.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §8; Act 2024-442, §2; Act 2025-37, §2.)
Each resident of any state veterans home shall pay directly to the contracted service operator of the home the cost of maintaining his or her residence at the home. The cost shall be determined by the commissioner. The cost of the care shall be paid by the 10th day of each month.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §9; Act 2009-282, p. 482, §1; Act 2024-442, §2; Act 2025-37, §2.)
(a) All state veterans nursing homes, domiciliaries, hospitals, or any other health related activities shall be subject to the rules governing the operation of a privately owned facility or provider of health services in this state, including the certificate of need process and the Department of Public Health Division of Licensure and Certification requirements.
(b) Notwithstanding subsection (a), the veterans homes located in Alexander City, Bay Minette, and Huntsville on October 1, 2024, are not subject to the certificate of need process.
(Acts 1988, 1st Sp. Sess., No. 88-776, p. 184, §10; Act 2024-442, §2.)
This chapter shall be known and cited as the Alabama Veterans Resource Center Act.
(Act 2025-20, §1.)
(a) The Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate shall present to the Secretary of State an application, signed by each of them, for the formation of the Alabama Veterans Resource Center as a public corporation, having a legal existence separate and apart from the state and any county, municipality, or political subdivision, which shall set forth all of the following:
(1) The name, official designation, and official office location of each of the applicants, together with a certified copy of the commission evidencing each applicant’s right to office.
(2) The date on which each applicant was sworn into office and the term of office of each applicant.
(3) The name of the proposed public corporation, which shall be the Alabama Veterans Resource Center.
(4) The location of the principal office of the proposed corporation.
(5) Any other matter relating to the corporation that the applicants may choose to insert and that is not inconsistent with this chapter or state law.
(b) The application shall be subscribed and sworn to by each applicant before an officer authorized by the laws of the state to take acknowledgments to deeds. The Secretary of State shall examine the application, and if he or she finds that the application substantially complies with the requirements of this section, the application shall be filed and recorded in an appropriate book of records in the office of the Secretary of State.
(c) When the application has been made, filed, and recorded as provided in subsection (b), the applicants shall constitute a public corporation under the name stated in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the Great Seal of the State, and shall record the certificate with the application. There shall be no fees paid to the Secretary of State in connection with the corporation.
(d) Notwithstanding any provision of law to the contrary, the corporation incorporated pursuant to this section shall not be deemed to be a part of the state for any purpose but shall be treated as a public corporation and body politic separate and apart from the state.
(Act 2025-20, §3.)
(a) The Alabama Veterans Resource Center shall be under the management and control of a board of directors, and all power necessary or appropriate for the management and control of the center shall be vested solely in that board.
(b) The board shall have all of the following members:
(1) Three members appointed by the Governor, one of whom shall be a female veteran.
(2) One member appointed by the Speaker of the House of Representatives.
(3) One member appointed by the Lieutenant Governor in his or her role as Chair of the Alabama Military Stability Commission.
(4) One member appointed by the President Pro Tempore of the Senate.
(5) The Commissioner of the State Department of Veterans Affairs, who shall serve as an ex officio member and vice chair of the board.
(6) The Commissioner of the Department of Mental Health, who shall serve as an ex officio member.
(7) The Secretary of the Alabama Department of Workforce, who shall serve as an ex officio member and chair of the board.
(8) The Minority Leader of the House of Representatives, or his or her designee.
(9) The Minority Leader of the Senate, or his or her designee.
(c) All board members are voting members of the board and shall be considered in determining whether a quorum is present.
(d)(1) Each ex officio member may designate an individual to serve in his or her place at any meeting of the board or may designate an individual to serve in his or her place at all meetings of the board until the expiration of his or her term. An ex officio member may withdraw his or her designation at any time.
(2) A designee shall be counted for purposes of both establishing a quorum and voting.
(3) An ex officio member shall continue to serve on the board as long as he or she holds the position that authorizes his or her service on the board.
(e) In making appointments, the appointing authorities shall coordinate their appointments to assure the board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(f)(1) Each appointed member shall serve a term of two years following his or her date of appointment.
(2) Each appointed member shall continue to serve until he or she is reappointed or a successor is appointed to his or her place on the board.
(3) An appointed member may only serve a maximum of two consecutive terms of office and may be reappointed after not serving for a period of at least two years.
(4) An appointed member may be removed by his or her appointing authority at any time and for any reason. Upon removal, the respective appointing authority shall appoint a successor to serve for the unexpired term.
(5) An individual appointed to fill a vacancy for any reason shall serve the remainder of the unexpired term and may be reappointed to serve an additional term.
(g) No board member shall receive compensation because of his or her service as a member. Each member may be reimbursed for actual and reasonable travel expenses incurred in the performance of his or her duties as a member.
(h) A majority of the board members shall constitute a quorum for the transaction of business by the board, and decisions shall be made on the basis of a majority of the quorum then present and voting. No vacancy in the membership of the board or the voluntary disqualification or abstention of any member shall impair the right of a quorum to exercise all of the powers and duties of the board.
(i) Members of the board may participate in meetings of the board in person, by means of telephone conference, video conference, or other similar communications equipment, so that all individuals participating in the meeting may hear each other at the same time. Participation by any such means shall constitute presence in person at a meeting for all purposes, including for purposes of establishing a quorum.
(j) The board may appoint other officers to perform duties not inconsistent with this chapter or applicable law, as the board deems necessary or appropriate.
(k) In addition to regular meetings of the board as may be provided by law or bylaws adopted by the board, special meetings of the board may be called by the chair acting alone or by any three other board members acting in concert, in each case upon notice to each board member given in person, by email, by registered letter, or by other means. Notice to each board member may be waived upon the unanimous written consent of all board members, either before or after the meeting with respect to which the notice would otherwise be required.
(Act 2025-20, §4.)
(a) The board shall have all of the powers necessary to carry out and effectuate the purposes of this chapter. Without limiting the generality of the foregoing, the board shall have and exercise all of the following powers:
(1) Provide comprehensive support services to veterans and their families residing in this state, including, but not limited to, all of the following:
a. Assistance with accessing federal and state benefits.
b. Career counseling and job placement services.
c. Mental health and wellness programs.
d. Education and training opportunities.
e. Support for military spouses, dependents, and families.
(2) Develop, monitor, implement, and update as necessary the strategic plan and strategies for the Alabama Veterans Resource Center.
(3) Oversee the operations and finances of the center.
(4) Employ an executive director or other employees, or both, to manage the day-to-day operations of the center.
(5) Establish committees as necessary.
(6) Develop and implement a hub and spoke model for the center, with a central office providing core services and a network of regional offices offering localized support and access points through a public-private partnership. The center may also use an online portal and other physical structures or technology to conduct its operations.
(7) Adopt, alter, and repeal bylaws as necessary for the regulation and conduct of the affairs and business of the center and for the implementation of this chapter.
(8) Make and enter into contracts, leases, and agreements and take other actions as the board determines necessary or desirable to accomplish the purposes of this chapter and the center and exercise any power necessary for the accomplishment of the purposes of the center or incidental to the powers expressly provided by this chapter.
(9) Appoint, employ, and contract with employees, agents, advisors, consultants, and service providers, including, but not limited to, attorneys, accountants, financial experts, and other advisors, consultants, and agents as the board determines necessary or desirable to accomplish any purpose of the center or incidental to the powers expressly provided by this chapter, and to fix the compensation of those individuals.
(10) Manage, invest, and expend funds at its disposal.
(11) Grant monies and things of value in aid of, or to, any individual, firm, corporation, or other business entity, public or private, as the board determines necessary or desirable to accomplish any purpose of the center or incidental to the powers expressly provided by this chapter.
(12) Take any action necessary to exercise its rights or fulfill its obligations relevant to the center under state law.
(13) All other powers necessary to carry out and effectuate the purposes of this chapter. These powers shall be construed broadly so that the failure to state a power of the board shall not be considered a limitation upon the board, as long as the board determines the power is necessary to allow the board to fulfill the purpose of the center as provided by this chapter.
(b) The board may make, enter into, and execute contracts, agreements, and other instruments with, accept appropriations, loans, gifts, aid, and grants from, and cooperate with, any other individual or entity, including, but not limited to, all of the following:
(1) The United States of America, the state, or any agency, instrumentality, or political subdivision of either.
(2) For profit and nonprofit private entities.
(3) Public bodies, departments, or authorities, including, but not limited to, any entity in the Executive Branch of the state, to act on behalf of the board in carrying out functions that the board determines are consistent with this chapter and the powers of the center.
(c)(1) Members of the board shall be subject to the state ethics laws under Chapter 25 of Title 36, but members of the board shall not be required to submit a statement of economic interests under Section 36-25-14. The center is not a business for purposes of the state ethics laws, Chapter 25 of Title 36, and a public official or public employee holding a position on the board is not precluded from taking official actions affecting the center as long as there is no impermissible personal gain.
(2) The board is subject to the Alabama Open Meetings Act under Chapter 25A of Title 36. In addition to the reasons set forth in Section 36-25A-7, the board may go into executive session to discuss sensitive issues related to veteran needs, programs, or services.
(Act 2025-20, §5.)
(a) The board may enter into contracts, leases, agreements, investments, and may otherwise expend monies without compliance with competitive bid laws under Article 5, commencing with Section 41-4-110, of Chapter 4 of Title 41, and Chapter 2 of Title 39.
(b) Solely as a result of entering into contracts, leases, agreements, investments, or otherwise as provided in subsection (a), no for profit or nonprofit private entity, nor the officers, employees, agents, or directors of any of the foregoing, shall become subject to state ethics laws or the Alabama Open Meetings Act under Chapter 25 and Chapter 25A of Title 36; competitive bid laws under Article 5, commencing with Section 41-4-110 of Chapter 4 of Title 41; Chapter 2 of Title 39; or public records laws under Article 3, commencing with Section 36-12-40 of Chapter 12 of Title 36.
(Act 2025-20, §6.)
In addition to the powers provided in Section 31-5B-4, the board may enter into annual public-private partnerships with nonprofit organizations and other entities to leverage resources and expertise in support of the Alabama Veterans Resource Center’s mission and purpose. Each public-private partnership is subject to annual renewal by the board.
(Act 2025-20, §7.)
(a) The Alabama Veterans Resource Center Fund is created in the State Treasury. All monies received by the board pursuant to this chapter or otherwise from any source permitted by this chapter shall be deposited into the State Treasury to the credit of the fund. Amounts deposited into the fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.
(b) The center may accept additional funding from public and private sources, including appropriations, loans, federal gifts, grants, corporate sponsorships, and individual donations.
(Act 2025-20, §8.)
The board, at any time and by majority vote, may cause its application for formation to be amended by having three members of the board file an amendment with the Secretary of State which shall be sworn to by each signatory thereto before an officer authorized to take acknowledgments to deeds.
(Act 2025-20, §9.)
(a) The board, at any time and by a three-quarters vote, may dissolve the Alabama Veterans Resource Center by having three-quarters of the members of the board file with the Secretary of State an application for dissolution, which shall be sworn to by each signatory thereto by an officer authorized to take acknowledgments to deeds.
(b) Upon the filing of the application for dissolution, the center shall cease to exist. The Secretary of State shall file and record the application for dissolution, shall make and issue, under the Great Seal of the State, a certificate that the center is dissolved, and shall record the certificate with the application for dissolution. Title to all property held in the name of the center shall be vested in the state upon dissolution of the center, and the ex officio board members, by written consent, shall direct how to dispose of any monies in the Alabama Veterans Resource Center Fund.
(Act 2025-20, §10.)
This chapter shall be liberally construed to effectuate its purposes.
(Act 2025-20, §11.)
This chapter shall be known as the “Alabama G.I. and Dependents’ Educational Benefit Act.”
(Acts 1951, No. 47, p. 259, §14.)
For the purposes of this chapter, the following terms have the meanings ascribed to them by this section:
(1) ARMED FORCES. Includes the United States Army, Air Force, Navy, Marine Corps, Space Force, and Coast Guard.
(2) COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES. Has the same meaning as in 20 U.S.C. § 1140.
(3) QUALIFYING PRIVATE SCHOOL. Any regionally accredited private two-year or four-year institution of higher education physically located in the state that receives a direct appropriation from the state or whose resident students may receive appropriations from the state through the Alabama Student Grant Program.
(4) QUALIFYING SCHOOL. An institution that is either a qualifying state school or a qualifying private school as defined by this chapter.
(5) QUALIFYING STATE SCHOOL. An Alabama public two-year or four-year institution of higher education.
(6) SPOUSE. Husband or wife.
(7) TUITION. Fees for instruction.
(8) TUITION AND FEES. All fees known and classed as instructional fees.
(9) WIDOW. An individual whose spouse is deceased and who has not remarried.
(Acts 1951, No. 47, p. 259, §§11-A, 15; Acts 1985, No. 85-758, p. 1262, §1; Act 2014-177, p. 509, §1; Act 2021-444, §1; Act 2022-91, §1.)
For the purposes of this chapter, in addition to any other benefits granted under this chapter, any child of a disabled or deceased veteran or otherwise eligible for educational benefits under this chapter who is admitted to attend and attends a comprehensive transition and postsecondary program for students with intellectual disabilities at a state four-year institution of higher education shall be eligible to receive benefits equal to the benefits provided pursuant to this chapter to any other child eligible for educational benefits in an undergraduate course of study at a state four-year institution of higher education under this chapter without regard as to whether the program is a degree, certificate, or non-degree program.
(Act 2021-444, §2; Act 2022-91, §1.)
Tuition benefits received pursuant to Sections 31-6-4 through 31-6-6 shall be called “Alabama G.I. Dependents’ Scholarships.”
(Acts 1951, No. 47, p. 259, §13; Act 2022-91, §1.)
(a)(1) Any child whose father or mother meets any of the following criteria may attend any qualifying school for a period of five standard academic years, not to exceed 45 months or the equivalent of 45 months if enrolled part-time, pursuant to the tuition reimbursement guidelines as provided in subsection (c):
a. Was killed or died in line of duty or is listed as missing in action or is or was a prisoner of war or whose death or permanent total disabilities were service-connected while serving as a member of the armed forces;
b. Died from a disability incurred from military service, as established by the State Department of Veterans’ Affairs, after having been discharged under conditions other than dishonorable and after having served at least 90 days consecutively in the armed forces prior to and/or subsequent to the date on which the disability occurred, or who was honorably discharged by reason of a qualifying service-connected disability after serving less than 90 days;
c. Was killed or died while on state active duty status as defined in Section 31-12-1, or whose death results proximately and within three years from an injury received while on state active duty status; or
d. Has been assigned 100 percent permanent or total disability rated by the United States Veterans’ Administration, or was discharged or retired from the armed forces with a 40 percent or more disability and maintained that percentage.
(2) Training under this section must be initiated prior to the child’s thirtieth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this chapter beyond the thirty-eighth birthday of the child.
(b) The educational benefits provided by this section to children making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended.
(c) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to four hundred dollars ($400). The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student.
(d) For the purpose of the minimum disability requirement provided for in subdivision (a)(4), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter, provided that the dependent shall file application for the benefits before July 31, 2023, and the dependent is reasonably expected to be eligible to attend a qualifying school in the next academic year.
(Acts 1951, No. 47, p. 259, §1; Acts 1951, No. 975, p. 1648; Acts 1957, No. 617, p. 883, §1; Acts 1966, Ex. Sess., No. 206, p. 250, §1; Acts 1969, No. 418, p. 816, §1; Acts 1971, 3rd Ex. Sess., No. 195, p. 4455, §1; Acts 1973, No. 1275, p. 2177, §1; Acts 1978, No. 585, p. 678; Acts 1985, No. 85-758, p. 1262; §1; Act 2009-559, p. 1606, §1; Act 2014-177, p. 509, §1; Act 2017-349, p. 1085, §1; Act 2021-84, §2; Act 2022-91, §1; Act 2024-399, §1.)
(a)(1) Any spouse or widow whose spouse, during their marriage, meets any of the following criteria shall be entitled to training in any qualifying school for a period of five standard academic years, not to exceed 45 months, or to training for the equivalent of 45 months if enrolled part-time, pursuant to the tuition reimbursement guidelines as provided in subsection (c):
a. Was killed or died in the line of duty or is listed as missing in action or is or was a prisoner of war while serving as a member of the armed forces;
b. Died from a disability incurred from military service;
c. Was killed or died while on state active duty status as defined in Section 31-12-1, or whose death results proximately and within three years from an injury sustained while on state active duty status; or
d. Is 100 percent permanently and totally disabled, whose permanent and total disabilities were service-connected.
(2) One change of program shall be allowed without counseling. All training received under this section must be completed within eight years after its initiation. This section shall not apply to the spouse of any deceased serviceman or veteran who has remarried prior to applying for and obtaining educational benefits under this section, and should any spouse of the deceased serviceman or veteran remarry during the time he or she is in attendance upon any of the qualifying schools mentioned in this section, then he or she shall pay tuition and fees for the course of study or attendance upon the qualifying school from the time of the remarriage.
(b) The educational benefits provided by this section to spouses and widows making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended.
(c) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to four hundred dollars ($400). The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student.
(Acts 1951, No. 47, p. 259, §2; Acts 1951, No. 975, p. 1648; Acts 1957, No. 617, p. 883, §2; Acts 1966, Ex. Sess., No. 206, p. 250, §2; Acts 1971, 3rd Ex. Sess., No. 195, p. 4455, §2; Acts 1973, No. 1275, p. 2177, §1; Acts 1978, No. 585, p. 678; Acts 1985, No. 85-758, p. 1262, §1; Act 2009-559, p. 1606, §1; Act 2014-177, p. 509, §1; Act 2017-349, p. 1085, §1; Act 2022-91, §1; Act 2023-350, §1; Act 2024-399, §1.)
(a) The spouse and children of any veteran who is suffering from 40 to 90 percent service-connected disability brought about from service in the Armed Forces of the United States, or the widow and children of a deceased veteran who was suffering from 40 percent or more of service-connected disability at the time of death, as established by the State Department of Veterans’ Affairs, shall be entitled to the following educational advantages and opportunities:
(1) The spouse or widow shall be entitled to up to 27 months of schooling, or the equivalent of 27 months if enrolled part-time, in any qualifying school, pursuant to the tuition reimbursement guidelines as provided in subsection (d). One change of program shall be allowed without counseling. All training received at qualifying schools under this subdivision must be completed within a period of six years after its initiation.
(2) Each child of a disabled veteran shall be entitled to five standard academic years, or the equivalent of 45 months if enrolled part-time, in any qualifying school pursuant to the tuition reimbursement guidelines as provided in subsection (d). One change of program shall be allowed without counseling. Training under this subdivision must be initiated prior to the child’s twenty-sixth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this section beyond the thirty-fourth birthday of the child.
(b) For the purpose of the minimum disability requirement provided for in subsection (a), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter, provided that the dependent shall file application for benefits before July 31, 2023, and the dependent is reasonably expected to be eligible to attend a qualifying school in the next academic year.
(c) The educational benefits provided by this section to spouses, children, and widows making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended.
(d) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to four hundred dollars ($400). The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student.
(Acts 1951, No. 47, p. 259, §3; Acts 1957, No. 617, p. 883, §3; Acts 1966, Ex. Sess., No. 206, p. 250, §3; Acts 1969, No. 418, p. 816, §2; Acts 1973, No. 1275, p. 2177, §3; Acts 1978, No. 585, p. 678; Acts 1985, No. 85-758, p. 1262, §1; Act 2009-559, p. 1606, §1; Act 2014-177, p. 509, §1; Act 2017-349, p. 1085, §1; Act 2018-406, §1(b)(5); Act 2022-91, §1; Act 2024-399, §1.)
The benefits under this chapter shall not extend beyond the lives of the immediate children of the veteran concerned.
(Acts 1951, No. 47, p. 259, §11-C.)
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-91 EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1951, No. 47, p. 259, §4; Acts 1965, No. 767, p. 1378, §1; Acts 1966, Ex. Sess., No. 206, p. 250, §4; Acts 1969, No. 418, p. 816, §3.)
(a) For those dependents who first file for benefits under this chapter prior to July 31, 2017, the benefits provided under this chapter shall be in addition to any other state or federal benefits to which that dependent may be entitled.
(b) For dependents who first file for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school:
(1) To the extent permitted by law, prior to applying any benefits provided for under this chapter, institutional certifying officials and financial aid officials shall first apply other federal, state, institutional, and third party scholarships and grants awarded to the dependent for that academic period for payment of required educational expenses during an academic period.
(2) A completed Free Application for Federal Student Aid (FAFSA), or the equivalent, must be submitted to the United States Department of Education for each year in which the dependent receives benefits under this chapter. The dependent shall have applied for all federal student financial aid grants, including, but not limited to, Pell Grants, Supplemental Education Opportunity Grants, and Education and Training Vouchers, identified as being available for the student’s application by Federal Student Aid, an office of the United States Department of Education, or its successor agency.
(3) All students receiving educational benefits under this chapter and the qualifying schools they attend must comply with the standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the Higher Education Act and as defined by that qualifying school. Those students who would no longer be eligible to receive Title IV benefits due to a failure to meet SAP standards shall no longer be eligible to receive benefits under this chapter. Each qualifying school shall notify the State Department of Veterans’ Affairs of any student who currently holds a certificate of eligibility for benefits under this chapter who is no longer eligible to receive benefits due to a failure to meet SAP standards and the effective date of that change in eligibility.
(4) The dependent shall ensure that all qualifying schools he or she attends under this program are authorized to release the personally identifiable information to the State Department of Veterans’ Affairs as is required for the determination of that dependent’s continued eligibility and as required for the completion of all reports required by law.
(c) Any dependent who receives benefits under this chapter, and whose benefit period is interrupted due to accident, injury, or illness, shall have the benefit time period which is lost due to the accident, illness, or injury restored to him or her.
(d) Notwithstanding any other provision of this chapter to the contrary, dependents of any veteran whose disability rating, if any, prior to May 23, 2017, was less than 20 percent, but who had a claim for compensation pending prior to that date which resulted in a final award by the United States Department of Veterans Affairs of at least 20 percent, shall be eligible for education benefits as the chapter read prior to May 23, 2017, if the dependent files an application for benefits under this chapter within six months of that final adjudication and provides proof satisfactory to the State Department of Veterans’ Affairs that he or she qualifies under this exception and currently satisfies the eligibility requirements as the chapter read prior to May 23, 2017.
(Acts 1951, No. 47, p. 259, §12; Acts 1957, No. 617, p. 883, §7; Acts 1966, Ex. Sess., No. 206, p. 250, §6; Acts 1969, No. 418, p. 816, §5; Acts 1971, 3rd Ex. Sess., No. 195, p. 4455, §3; Acts 1981, No. 81-823, p. 1465, §1; Act 2017-349, §1; Act 2022-91, §1.)
All applications for benefits accruing under this chapter must be made to the State Department of Veterans’ Affairs. The State Service Commissioner, or any official of the department designated by him, is hereby charged with the responsibility and duty of determining the eligibility of each applicant for the benefits under this chapter; provided, however, that such determination of eligibility shall be based upon the findings of the United States Veterans’ Administration in addition to other proofs and records required under this chapter. The State Service Commissioner shall cause the State Department of Veterans’ Affairs to issue a certificate of eligibility and entitlement in behalf of each applicant who may be determined by him to be entitled to the benefits.
(Acts 1951, No. 47, p. 259, §6; Acts 1957, No. 617, p. 883, §5.)
(a) Before the application of a spouse, widow, or child of a disabled veteran or a deceased veteran or serviceman for educational benefits under this chapter is approved, proof, satisfactory to the State Department of Veterans’ Affairs, must be submitted of all of the following:
(1) Establishing the identification of the spouse, widow, or child as the spouse, widow, or child of the veteran or serviceman, as the case may be.
(2) Of the veteran or serviceman having been a permanent resident of the State of Alabama for at least one year immediately prior to his or her entrance into service, or if the applicant is the spouse, widow, or child of a totally and permanently disabled veteran, then proof either of the veteran’s having been a permanent resident of the State of Alabama for at least one year prior to his or her entrance into service or proof that the veteran has been a bona fide resident of this state for at least five years immediately prior to the filing of the application for benefits under this chapter or immediately prior to his or her death if the veteran is deceased.
(3) Of the veteran or serviceman having been a permanent resident of the State of Alabama for at least two years immediately prior to the filing of the application for benefits under this chapter or has filed an Alabama income tax return as a resident individual for the previous 10 years or is a current resident and was discharged from active duty within the prior 12 months. If the veteran or serviceman is deceased, his or her dependent may still qualify if the veteran or serviceman met this residency requirement at the time of his or her death. Alabama income tax return information, including, but not limited to, the type of return filed, necessary to show the residency requirements under this chapter have been met is hereby exempted from the confidentiality provisions of Section 40-2A-10, and shall be provided by the Department of Revenue to the State Department of Veterans’ Affairs upon request. Such requests and the significance of the information provided shall be requested by the State Department of Veterans’ Affairs as necessary when other residency information is not available, and the department shall adopt rules and procedures to effect the provisions of this section as needed.
(4) Of the spouse, widow, or child being a current resident of the State of Alabama.
(5) An honorable discharge or other proof of honorable termination of service of the veteran or serviceman in the armed forces for a period of at least 90 days, or service of less than 90 days if the veteran or serviceman was discharged or released by reason of a qualifying service-connected disability.
(b) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to four hundred dollars ($400). The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student.
(Acts 1951, No. 47, p. 259, §5; Acts 1957, No. 617, p. 883, §4; Acts 1965, No. 767, p. 1378, §2; Acts 1966, Ex. Sess., No. 206, p. 250, §5; Acts 1969, No. 418, p. 816, §4; Act 2014-177, p. 509, §1; Act 2017-349, p. 1085, §1; Act 2022-91, §1; Act 2024-399, §1.)
The State Department of Veterans’ Affairs is hereby charged with the duty of informing the veterans and their dependents in this state, through its county service commissioners and all other sources at its command, of the provisions of this chapter in order that those veterans and their dependents may know of the benefits provided in this chapter. The State Department of Veterans’ Affairs shall furnish and assist in preparing and producing all necessary blanks, forms, and other matters necessary for the veterans and their spouses, widows, or children to obtain the benefits provided under this chapter. The State Service Commissioner shall cause to be forwarded to the qualifying school of the applicant’s choice, a certificate of eligibility and entitlement, or other necessary proof for the veteran and his or her spouse, widow, or child to obtain the benefits made available hereby.
(Acts 1951, No. 47, p. 259, §7; Act 2022-91, §1.)
The president or head of each qualifying school must inform the faculty members of each respective institution of the provisions and benefits of this chapter, who in turn shall inform the spouses, widows, and children of veterans attending such institutions as to their rights and benefits under the provisions of this chapter.
(Acts 1951, No. 47, p. 259, §8; Act 2022-91, §1.)
The county superintendent of education and the city superintendent of schools in each respective county and city shall inform the teachers of their county and city of the provisions and benefits of this chapter, who in turn shall inform the children of veterans as to their rights and benefits under this chapter.
(Acts 1951, No. 47, p. 259, §9; Act 2022-91, §1.)
(a) The benefits provided in this chapter shall be paid from an annual appropriation from the Education Trust Fund to reimburse every qualifying school in which benefits are given to veterans and their spouses, widows, or children under this chapter. Reimbursement shall be made timely at the end of each academic quarter or semester for all tuition reimbursements for the certified invoices submitted by the institution or school to the State Department of Veterans’ Affairs, and shall be supported by names of the students receiving the benefits, together with the amounts claimed for each student. Any amount of in-state tuition, books, or fees not paid by the combination of federal, state, and third party funds may be billed to students receiving the benefits or waived by the institution or school.
(b) The Department of Examiners of Public Accounts may audit the records of any two-year or four-year institution of higher education that receives any reimbursement as a result of this chapter to the same extent, degree, and scope as audits performed on other public educational institutions. The institution shall submit to the Legislature and the State Department of Veterans’ Affairs each year, before any subsequent reimbursement may be applied for or considered, a full accounting of any receipts, disbursements, assets, liabilities, and other resources as of the date of the close of the immediately preceding academic year.
(Acts 1951, No. 47, p. 259, §10; Acts 1957, No. 617, p. 883, §6; Acts 1965, No. 767, p. 1378, §3; Act 2014-177, p. 509, §1; Act 2017-349, §1; Act 2022-91, §1.)
The State Department of Veterans’ Affairs shall report to the Legislature, by January 1st of each year, the number of applicants approved in the previous fiscal year and those approved as of the reporting date for the current fiscal year, the number of students by years of remaining eligibility, and the costs of the previous fiscal year’s expenditures to the program by each category of qualifying school to include the number of students who attended each of those schools.
(Act 2017-349, §3(a); Act 2022-91, §1.)
Nothing in this chapter shall be construed as lowering the standards or requirements, or as to making any exceptions for entrance into any of the qualifying schools affected by this chapter. All applicants, in order to obtain the educational benefits of this chapter, must first meet all scholastic and other requirements for entrance into any of the qualifying schools coming within the purview of this chapter.
(Acts 1951, No. 47, p. 259, §11; Act 2022-91, §1.)
This chapter shall supersede the provisions of Act No. 633, approved September 19, 1949, and Act No. 44, approved October 31, 1950; provided, however, that no substantive rights, privileges, or benefits which have presently accrued or been conferred under the provisions of such acts shall be abrogated, limited, modified, or destroyed by this chapter, but shall continue in effect.
(Acts 1951, No. 47, p. 259, §16.)
A gratuity in the amount of $500 shall be paid out of the General Fund in the State Treasury to any person who entered the armed services while he was a bona fide resident of the State of Alabama and who was imprisoned as a prisoner of war in North Vietnam, South Vietnam, Laos, or Cambodia.
In the event any person who qualified for the payment of this bonus died while such a prisoner, the gratuity shall be paid to his next of kin. For the purposes of this chapter the term “next of kin” shall be the person or persons designated to receive the prisoner’s G.I. insurance.
(Acts 1973, No. 760, p. 1138, §1.)
No assignment or pledge as security for a loan or any right or claim to the bonus under this chapter shall be valid. No sum payable under this chapter to a veteran shall be subject to attachment, levy, or seizure under any legal or equitable process, or be subject to taxation, either as income or otherwise, by the State of Alabama.
(Acts 1973, No. 760, p. 1138, §2.)
The State Department of Veterans’ Affairs shall have complete charge and control of the payment of the bonus authorized in this chapter and may adopt general rules for the making of such payments, the ascertainment and selection of proper recipients of the bonus and the procedure for applying for and receiving bonuses. The State Department of Veterans’ Affairs shall adopt general rules for determining the question of whether an applicant possesses the prerequisite qualification of residence in the State of Alabama at the time he entered the armed forces and such department shall prescribe by rule the nature of proof to be submitted to establish such facts as are necessary to claim the bonus provided for by this chapter.
(Acts 1973, No. 760, p. 1138, §3.)
All applications for bonus or gratuity payments provided in this chapter must be made to the State Department of Veterans’ Affairs. No payment shall be made under this chapter except on applications duly received and approved by the department.
(Acts 1973, No. 760, p. 1138, §4.)
Upon approving an application for a bonus the State Department of Veterans’ Affairs shall direct the state Comptroller to issue a warrant in the proper amount to the person entitled to receive the bonus. Such warrant shall be paid out of the General Fund in the State Treasury from any moneys therein not otherwise appropriated.
(Acts 1973, No. 760, p. 1138, §5.)
The State Department of Human Resources, by and through the State Board of Human Resources and the Commissioner of the State Department of Human Resources, is hereby authorized, empowered and directed to provide for the payment to the widows of Confederate veterans and others entitled thereto the pension provided therefor pursuant to this chapter.
(Acts 1959, No. 402, p. 1034, §5.)
The widow of any person who actually served as a soldier or sailor in the army or navy of the Confederate States of America or of the State of Alabama for or during the period of the War Between the States, who was married to such soldier or sailor prior to January 1, 1904, or was married to such soldier or sailor for at least one year prior to the time of his death, regardless of whether his death occurred before or after September 23, 1919, and who has not remarried, except as provided in Section 31-8-3, and who was not at the time of her husband’s death separated from him by divorce or was not voluntarily living apart from her husband during the period of one year prior to his death, and whose husband did not desert the service of the State of Alabama or the Confederate states, and who is an actual bona fide resident of Alabama and has been such for a period of five years prior to the filing of the application, and the widow of any Confederate soldier or sailor on the pension roll at the time of his death, shall be entitled to relief under the provisions of this chapter.
(Code 1907, §§1997, 2009; Acts 1919, No. 409, p. 535; Acts 1920, No. 132, p. 168; Acts 1923, No. 246, p. 250; Code 1923, §§2938, 2945; Code 1940, T. 60, §§7, 9; Acts 1945, No. 244, p. 366; Acts 1947, No. 413, p. 303; Acts 1955, No. 328, p. 743; Acts 1963, No. 572, p. 1194.)
Any widow, entitled to draw a pension under the provisions of this chapter, who has remarried, shall be entitled to and may draw a pension as is provided for widows upon the death of her last husband, or in the event she should be divorced from him by judgment of a court of competent jurisdiction.
(Acts 1927, No. 126, p. 87; Code 1940, T. 60, §8; Acts 1943, No. 594, p. 610; Acts 1951, No. 914, p. 1564.)
The State Department of Human Resources shall not place on the pension rolls of the state the name of the widow of any person or persons who served only in the state troops, state militia, or home guard.
(Acts 1919, No. 409, p. 535; Code 1923, §2970; Code 1940, T. 60, §11.)
The Commissioner of the State Department of Human Resources shall furnish to the county departments of human resources all necessary forms and stationery to carry out the provisions of this chapter. The cost of such forms and stationery shall be paid by the state as is other stationery.
(Code 1907, §§2021, 2022; Acts 1919, No. 409, p. 535; Code 1923, §2953; Acts 1936-37, Ex. Sess., No. 172, p. 204; Code 1940, T. 60, §12.)
All applications for pensions under this chapter shall be filed with the county department of human resources and shall be immediately forwarded by it together with all papers pertaining thereto, to the State Department of Human Resources.
(Code 1907, §2012; Acts 1919, No. 409, p. 535; Code 1923, §2946; Code 1940, T. 60, §13.)
The widow of any Confederate soldier or sailor, deeming herself entitled to the benefits of this chapter, shall file with the county department of human resources of the county of which she is a bona fide resident, her application in writing, sworn to before some officer authorized to administer oaths, on blanks furnished by the county department of human resources, such blanks conforming substantially to the requirements set forth in Section 31-8-2. The application shall show the name of the deceased husband and the date of his death, his company and regiment, the date of the widow’s marriage, her age at the time of making the application, and whether application has been made before and rejected or her name dropped from the pension roll before, and if so, when and the reason assigned.
(Code 1907, §2008; Acts 1919, No. 409, p. 535; Code 1923, §2944; Code 1940, T. 60, §15.)
No applicant will have her name placed upon the pension rolls of this state unless at least one witness who was a Confederate soldier and can establish his record as such certifies to the fact that the husband of the applicant rendered the service as set forth in the application. In addition thereto there shall be required with an application for a pension under this chapter the certificate of two disinterested witnesses that the applicant is trustworthy and reliable and that they have full reason to believe and do believe that the statements made in the application are true and correct. If the Confederate archives in the City of Washington or the Department of Archives and History in Montgomery show the service of the husband of the applicant for a pension, the affidavit of the person who served in the service of the Confederate states, or the State of Alabama, as above set out, need not be required.
(Acts 1919, No. 409, p. 535; Code 1923, §2947; Code 1940, T. 60, §16.)
Upon the application of the widow of any Confederate soldier or sailor, or the widow of any Alabama soldier or sailor who served in the state in the War Between the States, the fact of her deceased husband’s having served as alleged, and of his not deserting, may be proven by the affidavit of two reliable witnesses who are acquainted with the facts; or if such witnesses cannot be found, upon affidavit to that fact, it may be proven by any evidence that will satisfactorily prove the truth of such facts. Whenever the proof of such facts is made by evidence other than the affidavit of two reliable witnesses, such evidence shall be reduced to writing and subscribed and sworn to by the witness offering the evidence.
(Code 1907, §§2054, 2055; Code 1923, §§2991, 2992; Code 1940, T. 60, §§17, 18.)
All applications rejected by the State Department of Human Resources shall be entered upon a permanent record with reasons for such rejection, and the original application and all papers connected therewith shall be returned to the county department of human resources, which shall file them for permanent preservation and reference.
(Code 1907, §2019; Acts 1919, No. 409, p. 535; Code 1923, §2952; Code 1940, T. 60, §21.)
An applicant who has been rejected may file her application again after the lapse of three months, but if only the original application and no new or additional proof shall be offered, the county department of human resources shall refuse to consider the application.
(Code 1907, §2027; Acts 1919, No. 409, p. 535; Code 1923, §2962; Code 1940, T. 60, §22.)
Any widow receiving a pension under this chapter who shall become a resident citizen of another state shall be dropped from the pension roll of this state, and the county department of human resources is expressly prohibited from delivering the pension warrant to any payee who is at the time of such delivery a resident citizen of another state. On the return of any such pensioner to the state and the reestablishment by her of residence in this state, the name of such pensioner shall be restored to the pension roll; provided, however, that if a pensioner temporarily removes to another state, but does not abandon her legal residence in this state, such pensioner shall not be dropped from the pension roll but shall be retained thereon, and her warrant shall be sent by registered or certified mail to the temporary address of such pensioner, return receipt requested.
(Acts 1939, No. 483, p. 684; Code 1940, T. 60, §23.)
Any widow whose name has been dropped from the pension rolls of this state since January 1, 1922, and who is a bona fide resident citizen of this state at the time of making application for restoration of her name to the pension rolls of the state may have her name restored to the pension roll of this state by making application before the county department of human resources of the county of her residence, setting forth in the application the name of the county in which she was residing at the time her name was stricken from the pension roll, and the names of the places, counties and states where she has resided since her name was dropped from the pension roll of Alabama, such application to be supported by affidavit of the applicant and proof of two witnesses as to her bona fide residence in this state. Such application shall be forwarded by the county department of human resources to the State Department of Human Resources and if, on investigation by the board, the facts set forth in the application are found to be true and correct, the board shall order the name of such person restored to the pension rolls of the state.
(Acts 1927, No. 146, p. 105; Code 1940, T. 60, §24.)
Whenever it is made to appear to the county department of human resources that the name of a pensioner has through any error or omission or inadvertence been dropped from or left off the list of pensioners, it shall certify such fact and the length of time omitted or dropped and the amount due such pensioner, to the State Department of Human Resources, and if it is satisfactorily shown that such pensioner is justly entitled to be restored, the State Department of Human Resources shall order and the Comptroller shall issue his warrant for the amount shown to be due, the warrant to be delivered to the pensioner as other warrants are delivered.
(Code 1907, §2037; Acts 1919, No. 409, p. 535; Code 1923, §2965; Code 1940, T. 60, §25.)
No applicant who has been purposely stricken from the pension roll shall be entitled to any back pay for the time her name was stricken from the roll, and no back pay shall in any case be granted except to those making application, as set forth in this chapter.
(Acts 1919, No. 409, p. 535; Code 1923, §2971; Code 1940, T. 60, §26.)
If it shall be ascertained that any pensioner under this chapter secured the grant of her pension by misrepresentation, either by herself or others, the name of such pensioner shall be stricken from the pension roll of the state and the facts reported by the county department of human resources to the grand jury of the county of the pensioner’s residence for its consideration.
(Code 1907, §2029; Acts 1919, No. 409, p. 535; Code 1923, §2963; Code 1940, T. 60, §27.)
When it shall be reported to the State Department of Human Resources or it shall come to their knowledge that any person whose name is on the pension roll is not entitled to a pension or through fraud or misrepresentation has been placed on the pension roll, and has been receiving a pension from the state, the State Department of Human Resources shall make inquiry into such charges and if they are satisfied as to the probable correctness thereof, reference of the same shall be made to the county department of human resources of the county where the pensioner resides, which shall make full investigation and report the result thereof to the State Department of Human Resources. If the charges are established, the name of such pensioner shall be stricken from the pension roll and the State Department of Human Resources shall ascertain and make demand upon the pensioner to immediately refund the same. The State Department of Human Resources shall report such fact to the Attorney General for collection.
(Acts 1919, No. 409, p. 535; Code 1923, §2968; Code 1940, T. 60, §28.)
There shall be paid monthly to each and every widow of a Confederate soldier and sailor, who is now on the pension roll of this state or who may hereafter be placed on the pension roll of this state, the sum of not less than $150 for each month. There is hereby continuously appropriated out of the Treasury a sum which, in conjunction with the moneys derived from the one-mill pension fund, shall be sufficient to carry out the provisions of this chapter and all other provisions of law relating to pensions for the widows of Confederate soldiers and sailors.
(Acts 1939, No. 483, p. 684; Code 1940, T. 60, §29; Acts 1943, No. 12, p. 9; Acts 1947, No. 8, p. 4; Acts 1950, 4th Ex. Sess., No. 8, p. 53; Acts 1951, No. 992, p. 1667; Acts 1953, No. 76, p. 104; Acts 1957, No. 619, p. 890.)
All pensions to the widows of Confederate soldiers and sailors are to be paid in monthly payments on the first day of each month by warrant drawn on the Treasurer by the State Department of Human Resources in favor of each and every pensioner for the amount due each pensioner as provided by law, payable out of the moneys in the Treasury to the credit of the Confederate Pension Fund.
(Acts 1939, No. 483, p. 684; Code 1940, T. 60, §30.)
Pension warrants shall be sent from the office of the State Department of Human Resources to reach the county department of human resources in each county not later than the last day of each month.
(Acts 1919, No. 409, p. 535; Code 1923, §2956; Acts 1936-37, Ex. Sess., No. 172, p. 204; Acts 1939, No. 483, p. 684; Code 1940, T. 60, §32.)
The State Department of Human Resources shall deliver to the respective county department of human resources all such warrants for pensioners on the pension roll of that county. The county department of human resources shall deliver such warrants to the payees in their respective counties either in person or by registered or certified mail, return receipt requested. The county department of human resources shall, at the expiration of 30 days, return to the State Department of Human Resources all undelivered pension warrants, stating on the warrants the date of the return, the reason for such nondelivery and, if the payee is dead, the date of death, and such returned warrant shall be endorsed by the State Department of Human Resources “cancelled” on the face thereof, and no other warrants shall be issued in the place of such cancelled warrants, unless it be shown by satisfactory proof that such return or cancellation was erroneously made.
(Acts 1939, No. 483, p. 684; Code 1940, T. 60, §33.)
The county department of human resources, in the event it does not know that the person applying for such warrant is the identical person named in such warrant and entitled thereto, must require satisfactory proof of these facts before the delivery of such warrant.
(Acts 1919, No. 409, p. 535; Code 1923, §2958; Code 1940, T. 60, §34.)
No person shall purchase or receive a transfer of any pension or warrant issued or to be issued under this chapter before the date provided for issuing warrants provided in this chapter, unless in writing transferred for face value or for supplies of merchandise, or unless discounted at nothing more than the legal rate of interest, which shall be stated in the instrument of transfer, and a copy of such transfer must be made and filed with the county department of human resources to be returned with a receipt to the State Department of Human Resources.
(Code 1907, §2033; Acts 1919, No. 409, p. 535; Code 1923, §2964; Code 1940, T. 60, §36.)
Should a widow who is a pensioner under this chapter die leaving a minor child or children, a warrant equal to the total amount of the next three monthly payments succeeding the death of the pensioner shall be issued and delivered, as other pension warrants are issued and delivered, to the minor child or children of such pensioner, and should there be no minor child of such deceased pensioner, the county department of human resources shall endorse such fact on the pension warrant and collect the same and apply the proceeds, first, to the payment of the burial expenses, and, second, to the expenses of the last illness of the pensioner. Any unexpended balance remaining shall be returned to the Treasury to the credit of the fund against which the warrant was drawn.
(Code 1907, §2026; Acts 1919, No. 409, p. 535; Code 1923, §2969; Acts 1939, No. 483, p. 684; Code 1940, T. 60, §35; Acts 1943, No. 12, p. 9.)
Any person who shall purchase or receive a transfer of any pension claim or warrant issued or to be issued under the pension laws for the relief of needy widows of Confederate soldiers or sailors before the same is received by the county department of human resources, except as otherwise provided by law, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than $20 nor more than $50.
(Code 1907, §7777; Code 1923, §5491; Code 1940, T. 60, §37.)
During the month of January of each year, the county department of human resources shall publish in a newspaper of the county an alphabetical list with full names and post-office addresses of all the pensioners on the pension roll of its county. Such list shall be published one time and shall be paid for from the county treasury at no more than the legal or contract rate for printing. The county department of human resources shall furnish the Commissioner of the State Department of Human Resources a copy of such publication, and the latter shall keep the same as permanent file of the State Department of Human Resources.
(Acts 1919, No. 409, p. 535; Code 1923, §2966; Code 1940, T. 60, §39.)
The county department of human resources of each county shall, at least twice a year, submit a certified list of the pensioners on the roll of its county, with the post-office address of each, to the judge of the circuit court, who shall specifically charge the grand jury to investigate the pension list for the purpose of ascertaining such as are not entitled to pensions. The list may be purged of any names on the list who are not entitled to receive pensions, and the foreman of such grand jury shall report through the county department of human resources to the State Department of Human Resources the recommendation of the grand jury as to such names as from their investigation are not entitled to the benefits of this chapter. Such names shall, on order of the State Department of Human Resources, be stricken from the pension roll.
(Acts 1919, No. 409, p. 535; Code 1923, §2967; Code 1940, T. 60, §40.)
The Commissioner of the State Department of Human Resources shall have prepared records to be used as a permanent state record of pensions in which shall be recorded, in alphabetical order according to county, the names of all pensioners, together with a suitable column in which shall be entered promptly the date of death or other cause for the discontinuance of the pension. Such record shall be kept up to date by the prompt entry thereon of all new names, with the date of granting of the application, and when payment to any pensioner shall cease, the reason therefor shall be stated of record.
(Code 1907, §2018; Acts 1919, No. 409, p. 535; Code 1923, §2951; Code 1940, T. 60, §4.)
The Commissioner of the State Department of Human Resources, by correspondence with the Department of Defense in Washington, or investigation of the Confederate records on file in the state or elsewhere, shall obtain all necessary information to make the permanent pension roll complete, authentic and permanent as contemplated by this chapter, and the entering of names of pensioners on the permanent pension roll and the cancellation of names struck from the roll by reason of death or other legal cause, shall be under the supervision and direction of the commissioner, who shall, when any application is made for a pension, submit to the Department of Defense the facts of service set forth in such application for verification thereof, and the result of such inquiry shall be submitted by him, with the application of the pensioner, to the State Board of Human Resources. No application for a pension shall be finally denied, whether witness proof of the facts set forth therein as required by law is made or not, until such report has been obtained and submitted. The commissioner shall compare the pension warrants issued with payments made by the Treasurer, and examine the same as to their rightful delivery and payment, and he may request assistant examiners of accounts, in their assignments to any county, to make careful investigation of the pension roll of such county and the actual delivery and receipt of pensions, and under his direction there shall be prepared at the end of each month a list of all outstanding unpaid pension warrants, by number and name, and a report thereof shall be filed with the State Department of Human Resources.
(Acts 1920, No. 132, p. 168; Code 1923, §2939; Acts 1939, No. 483, p. 684; Code 1940, T. 60, §20.)
There shall be prepared and submitted, under the direction of the State Board of Human Resources and the State Department of Human Resources, quadrennially from November 1, 1974, a report showing as fully as the same can be shown, the result of the operations of this chapter, and containing the complete roll of pensioners under this chapter on the permanent pension record on October 1, last preceding the report required, the same to be printed, with as many copies thereof as the Governor may determine, and to be paid for in like manner as payment is made for other state reports.
(Acts 1920, No. 132, p. 168; Code 1923, §2942; Code 1940, T. 60, §3.)
Any person who violates any provisions of the laws of this state as to pensions for widows of Confederate veterans, if a penalty is not otherwise provided for such violation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500.00.
(Acts 1919, No. 409, p. 535; Code 1923, §5494; Code 1940, T. 60, §43.)
This article may be cited as the “Alabama Emergency Management Act of 1955.”
(Acts 1955, No. 47, p. 267, §1.)
(a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of this state will be adequate to deal with such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:
(1) To create a State Emergency Management Agency, and to authorize the creation of local organizations for emergency management in the political subdivisions of the state.
(2) To confer upon the Governor and upon the governing bodies of the political subdivisions of the state the emergency powers provided in this article.
(3) To provide for the rendering of mutual aid among the political subdivisions of the state, and with other states, and with the federal government with respect to the carrying out of emergency management functions.
(4) To authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this article.
(b) It is further declared to be the purpose of this article and the policy of the state that all emergency management functions of this state be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation’s manpower, resources and facilities for dealing with such disaster or emergency.
(c) It is further declared to be the purpose of this article and policy of the State of Alabama to assist and encourage emergency management and emergency preparedness activities on the part of the political subdivisions of the state by authorizing the State of Alabama to make grants, as funds are appropriated for such specific purpose, to any political subdivision of the state in amounts not to exceed the amounts expended, or to be expended, for personnel and administrative costs by such political subdivisions for emergency management and emergency preparedness.
(Acts 1955, No. 47, p. 267, §2; Acts 1978, No. 852, p. 1276, §1.)
As used in this article, these terms shall have the following meanings:
(1) EMERGENCY MANAGEMENT. The preparation for and the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, or by fire, flood, earthquake, or other natural cause. These functions include, without limitation, public safety services including, fire-fighting services; police services; medical and health services; rescue, engineering, and air raid warning services; communications; radiological, chemical, and other special weapons of defense; evacuation of persons from stricken areas; emergency welfare services (civilian war aid); emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
(2) LOCAL ORGANIZATION. The organization of local emergency management forces designed principally for operation within their own community but capable of moving to other areas.
(3) POLITICAL SUBDIVISION. Any county or municipality created pursuant to law.
(4) STATE OF EMERGENCY. When the Governor duly proclaims the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by fire, flood, storm, epidemic, technological failure or accident, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, explosion, terrorism, or man-made disaster, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, or energy shortage requires extraordinary measures beyond the authority vested in the Alabama Public Service Commission.
(5) STATE PUBLIC HEALTH EMERGENCY. An occurrence or imminent threat of an illness or health condition that does all of the following:
a. Is believed to be caused by any of the following:
Bioterrorism.
The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.
A natural disaster.
A chemical attack or accidental release.
A nuclear or radiological attack or accident.
b. Poses a high probability of any of the following harms:
A large number of deaths in the affected population.
A large number of serious or long-term disabilities in the affected population.
Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.
(6) STATE TECHNOLOGICAL EMERGENCY. An emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident.
(Acts 1955, No. 47, p. 267, §3; Act 2006-522, p. 1210, §1; Act 2022-187, §1.)
THIS ACT WAS AMENDED BY ACT 2026-297, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.
(a) There is hereby created within the executive branch of the state government a department of emergency management, hereinafter called the “Emergency Management Agency,” with a Director of Emergency Management, hereinafter called the “director,” who shall be the head thereof. The director shall be appointed by the Governor. The director shall devote his or her entire time to the duties of the office. The director shall not hold another office under the government of the United States or any other state, or of this state, or any political subdivision thereof, during his or her incumbency in such office, and shall not hold any position of trust or profit, or engage in any occupation or business the conduct of which shall interfere or be inconsistent with the duties of Director of Emergency Management under the provisions of this article. The director shall hold office during the pleasure of the Governor.
(b) The director may employ, subject to the provisions of the Merit System Act, such technical, clerical, stenographic, and other personnel and may make such expenditures within the appropriation therefor, or from other funds made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this article; provided, that the state shall not pay the compensation, if any, of block wardens, fire guards, first aid specialists, auxiliary firemen, auxiliary policemen, and similar emergency management personnel, nor shall it pay the compensation of personnel employed by or for a local organization for emergency management.
(c) The director and other personnel of the Emergency Management Agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies.
(d) The director, subject to the direction and control of the Governor, shall be the executive head of the Emergency Management Agency and shall be responsible to the Governor for carrying out the program for emergency management of this state. The director shall coordinate the activities of all organizations of emergency management within the state, and shall maintain liaison with and cooperate with major commanders of the armed forces within the state, the Alabama State Law Enforcement Agency, the State Military Department, and with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this article as may be prescribed by the Governor.
(e) The director shall also hold the position of Assistant Director of Homeland Security for Emergency Preparedness and Response.
(Acts 1955, No. 47, p. 267, §4; Acts 1983, No. 83-612, p. 949; Act 2006-522, p. 1210, §1.)
In performing his or her duties under this article, the Governor is authorized and empowered:
(1) To make, amend, and rescind the necessary orders, rules and regulations to carry out the provisions of this article within the limits of the authority conferred upon him or her in this article, with due consideration of the plans of the federal government.
(2) To prepare a comprehensive plan and program for the emergency management of this state, such plan and program to be integrated and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, such plans to be integrated into and coordinated with the emergency management plans and programs of this state to the fullest possible extent.
(3) In accordance with such plan and program for the emergency management of this state, to ascertain the requirements of the state, or the political subdivisions thereof, for food or clothing or other necessities of life in the event of disaster or emergency and to plan for and procure supplies, medicines, materials, and equipment for the purposes set forth in this article; to make surveys of the industries, resources and facilities within the state as are necessary to carry out the purposes of this article; to institute training programs and public information programs; and to take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.
(4) To make, amend, and rescind the necessary orders, rules, and regulations looking to the direction or control of practice blackouts, air raid drills, mobilization of emergency management forces, and other tests and exercises, warnings, and signals for drills or attacks, the mechanical devices to be used in connection therewith, the effective screening or extinguishing of all lights and lighting devices and appliances, the conduct of civilians and the movement or cessation of movement of pedestrians and vehicular traffic, public meetings or gatherings, the evacuation and reception of civilian population, and shutting off water mains, gas mains, electric power connections, and the suspension of all other public utilities, during, prior and subsequent to drills or attacks.
(5) To create and establish mobile support units and to provide for their compensation.
(6) To cooperate with the President and the heads of the Armed Forces, with the Emergency Management Agency of the United States and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation and the incidents thereof.
(7) With due consideration to the recommendation of the local authorities, to appoint full-time state and regional area directors.
(8) To utilize the services and facilities of existing officers and agencies of the state and the political subdivisions thereof.
(9) On behalf of this state, to enter into reciprocal aid agreements or compacts with other states and the federal government, including federally recognized Indian tribes. Such mutual aid agreements shall be limited to the furnishing or exchange of food, clothing, medicine, and other supplies; engineering services; emergency housing; police services; national or state guards while under the control of the state; health, medical and related services; fire fighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; such other supplies, equipment, facilities, personnel, and services as may be needed; and the reimbursement of costs and expenses for equipment, supplies, personnel, and similar items for mobile support units, fire fighting and police units, and health units. Such agreements shall be on such terms and conditions as are deemed necessary.
(10) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the state, similar to the mutual aid agreements with other states referred to in subdivision (1) of this section.
(11) To delegate any administrative authority vested in him or her under this article, and to provide for the subdelegation of any such authority.
(12) To take such action and give such directions to state and local law-enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this article and with the orders, rules, and regulations made pursuant thereto.
(Acts 1955, No. 47, p. 267, §6; Act 2011-546, p. 1004, §1.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1955, No. 47, p. 267, §7.)
(a) The provisions of this section shall be operative only during the existence of a state of emergency, referred to hereinafter as one of the states of emergency defined in Section 31-9-3. The existence of a state of emergency may be proclaimed by the Governor as provided in this subsection or by joint resolution of the Legislature if the Governor in the proclamation or the Legislature in the resolution finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural disaster of major proportions or a public health emergency has occurred or is reasonably anticipated in the immediate future within this state and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. If the state of emergency affects less than the entire state, the Governor or the Legislature shall designate in the proclamation or resolution those counties to which the state of emergency applies. The emergency, whether proclaimed by the Governor or by the Legislature, shall terminate 60 days after the date on which it was proclaimed unless the Governor extends the emergency by proclamation or the Legislature extends the emergency by a joint resolution. Upon proclamation by the Governor of a state of emergency, the Governor may call the Legislature into special session. Additionally, the Lieutenant Governor or the Speaker of the House may request in writing that the Governor call the Legislature into special session. During the period that the proclaimed emergency exists or continues, the Governor shall have and may exercise the following additional emergency powers:
(1) To enforce all laws, rules, and regulations relating to emergency management and to assume direct operational control of all emergency management forces and helpers in the state.
(2) To sell, lend, lease, give, transfer, or deliver materials or perform services for emergency management purposes on such terms and conditions as the Governor shall prescribe and without regard to the limitations of any existing law, and to account to the State Treasurer for any funds received for such property.
(3) To procure, by purchase, condemnation, seizure, or other means, construct, lease, transport, store, maintain, renovate, or distribute materials and facilities for emergency management without regard to the limitations of any existing law; provided, that this authority shall not be exercised with regard to newspapers, wire facilities leased or owned by news services, and other news publications, and provided further, that he or she shall make compensation for the property so seized, taken, or condemned, on the following basis:
a. In case property is taken for temporary use, the Governor, within 30 days of the taking, shall fix the amount of compensation to be paid therefor, and in case the property shall be returned to the owner in a damaged condition, or shall not be returned to the owner, the Governor shall fix within 30 days the amount of compensation to be paid for the damage or failure to return. Whenever the Governor shall deem it advisable for the state to take title to property taken under this section, he or she shall forthwith cause the owner of the property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best available means, and forthwith cause to be filed a copy of the notice with the Secretary of State.
b. If the person entitled to receive the amount so determined by the Governor as just compensation is unwilling to accept the same as full and complete compensation for such property or the use thereof, he or she shall be paid 75 percent of such amount and shall be entitled to recover from the State of Alabama, in an action brought in a court in the county of residence of the claimant or in Montgomery County, in the same manner as other condemnation claims are brought, within three years after the date of the Governor’s award, such additional amount, if any, which when added to the amount so paid to him or her, shall be just compensation.
(4) To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of such evacuees.
(5) To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.
(6) To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this article or with the findings or recommendations of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or otherwise.
(7) To utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof. All such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he or she may request.
(8) With due consideration to the recommendations of local authorities, the Governor may formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the state and of the political subdivisions thereof concerned directly or indirectly with public highways and streets, in a manner which will best effectuate such plans.
(9) To establish agencies and offices and to appoint temporary executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of this article without regard to the Merit System Act.
(b) The proclamation of a state of public health emergency shall activate the disaster response and recovery aspects of the state, local, and inter-jurisdictional disaster emergency plans in the affected political subdivisions or geographic areas. Such declaration authorizes the deployment and use of any forces to which the plans apply and the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or available pursuant to this article.
(c) When a state of public health emergency has been declared or terminated, the State Board of Health shall inform members of the public on how to protect themselves and what actions are being taken to control the emergency.
(d)(1) Nothing in this section shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in subdivision (2).
(2) A law enforcement officer who is acting in the lawful discharge of the officer’s official duties may disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.
(Acts 1955, No. 47, p. 267, §8; Act 2006-522, p. 1210, §1; Act 2009-572, p. 1679, §1; Act 2014-17, p. 53, §1.)
(a) The governing body of each local organization for emergency management may develop mutual aid agreements with other public and private agencies within this state for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. The governing body may also develop or cause to be developed mutual aid agreements with other public or private agencies within the state for reciprocal aid and assistance to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state. Such agreements shall be consistent with the state emergency management plan and program, and a copy of each agreement shall be filed with the State Director of Emergency Management immediately after being entered into. Each local organization for emergency management shall render assistance in accordance with the provisions of the mutual aid agreements.
(b) The governing body of each local organization for emergency management may assist in negotiation of reciprocal mutual aid agreements between the Governor and adjoining states or political subdivisions thereof and shall carry out any such agreement relating to the local and political subdivision.
(c) The governing body of each local organization for emergency management may develop mutual aid agreements with federally recognized Indian tribes located within the state.
(d) For purposes of this section, “governing body” means the political subdivision establishing the local organization for emergency management pursuant to Section 31-9-10.
(Acts 1955, No. 47, p. 267, §9; Act 2011-546, p. 1004, §1; Act 2025-206, §1.)
(a) Each political subdivision of this state shall establish a local organization for emergency management in accordance with the state emergency management plan and program and may confer or authorize the conferring upon members of the auxiliary police the powers of peace officers, subject to such restrictions as shall be imposed. The governing body of the political subdivision may appoint a director, who shall have direct responsibility for the organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and in addition, shall conduct such functions outside of its territorial limits as authorized by this article.
(b) The governing body of each political subdivision may do all of the following:
(1) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies.
(2) Appoint or employ the personnel necessary to accomplish the goals of this chapter.
(3) Establish a primary and one or more secondary control centers to serve as command posts during an emergency, and coordinate with other political subdivisions to establish the same.
(4) Assign and make available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related service, police, transportation, construction, and similar items or services for emergency management purposes, within or outside of the physical limits of the subdivision.
(5) In the event the governing body of the political subdivision determines that any of the conditions described in Section 31-9-2(a) has occurred or is imminently likely to occur, the governing body may do either of the following:
a. Notwithstanding Article 3 of Chapter 16 of Title 41, let contracts to the extent necessary to address the conditions described in Section 31-9-2(a), provided that the governing body does the following:
Documents at least two price quotes or estimates before letting the contract.
Adopts a resolution or ordinance declaring the conditions, the action taken, and the reasons for taking the action.
b. Impose a public safety curfew for its inhabitants. If a public safety curfew is imposed, it shall be enforced by the appropriate law enforcement agency within the political subdivision. A public safety curfew imposed under this paragraph shall not apply to employees of utilities, cable, and telecommunications companies and their contractors engaged in activities necessary to maintain or restore utility, cable, or telecommunications services or to official emergency management personnel engaged in emergency management activities.
(6) Close, notwithstanding Section 11-1-8, any and all public buildings owned or leased by and under the control of the political subdivision where emergency conditions warrant, whether or not a local state of emergency has been declared by the governing body of the political subdivision. In the event that any documents required to be filed by a time certain deadline cannot be filed due to the closing of an office under this subdivision, the deadline for filing shall be extended to the date that the office is reopened as provided in Section 1-1-4.
(c)(1) In the event the Governor or the Legislature proclaims a state of emergency affecting a political subdivision as set forth in Section 31-9-8, the chair or president of the governing body of the political subdivision may execute a resolution on behalf of the governing body declaring that any of the conditions described in Section 31-9-2(a) has occurred or is imminently likely to occur.
(2) Execution of the resolution by the chair or president of the governing body shall authorize the governing body to exercise the powers enumerated in subdivision (b)(5).
(d) No local governing body of a political subdivision may provide for and compel evacuation of the area except by the direction and under the supervision of the Governor or the State Emergency Management Agency, or both. Any action taken by the governing body of the political subdivision shall remain in full force and effect unless revoked by proclamation of the Governor, issued as provided in Section 31-9-8.
(e)(1) Nothing in this section shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in subdivision (2).
(2) A law enforcement officer who is acting pursuant to the officer’s official duties may disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before releasing that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.
(Acts 1955, No. 47, p. 267, §10; Act 2006-522, p. 1210, §1; Act 2009-572, p. 1679, §1; Act 2018-94, §1; Act 2023-204, §1.)
Whenever the employees of any political subdivision are rendering outside aid pursuant to a mutual aid agreement authorized by Section 31-9-9 or by the authority contained in Section 31-9-10, the employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivisions in which they are normally employed.
(Acts 1955, No. 47, p. 267, §11; Act 2025-206, §1.)
(a) Whenever a mobile support unit of another state shall render aid in this state pursuant to the orders of the governor of its home state and upon the request of the Governor of this state, this state shall reimburse such other state for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of such mobile support unit while rendering such aid, and for all payments for death, disability, or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other state or a political subdivision thereof resulting from the rendering of such aid; provided that the laws of such other state contain provisions substantially similar to this section or that provisions to the foregoing effect are embodied in a reciprocal mutual aid agreement or compact or that the federal government has authorized or agreed to make reimbursement for such mutual aid as provided in this section.
(b) No personnel of mobile support units of this state shall be ordered by the Governor to operate in any other state unless the laws of such other state contain provisions substantially similar to this section or unless the reciprocal mutual aid agreements or compacts include provisions providing for such reimbursement or unless such reimbursement will be made by the federal government by law or agreement.
(Acts 1955, No. 47, p. 267, §12.)
All orders, rules, and regulations promulgated by the Governor as authorized by this article shall have the full force and effect of law when a copy thereof is filed in the office of the Secretary of State. All existing laws, ordinances, rules, and regulations or parts thereof inconsistent with the provisions of this article or of any order, rule, or regulation issued under the authority of this article, shall be suspended during the period of time and to the extent that such inconsistency exists. The Secretary of State shall cause to be printed and distributed to the probate judges of the several counties and to the clerks of the several municipalities of this state a copy of each order, rule, or regulation issued under the authority of this article.
(Acts 1955, No. 47, p. 267, §13.)
The law-enforcing authorities of the state and of the political subdivisions thereof shall enforce the orders, rules, and regulations issued pursuant to this article.
(Acts 1955, No. 47, p. 267, §14.)
A peace officer, when in full and distinctive uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in such officer’s presence any order, rule, or regulation made pursuant to this article. This authority shall be limited to those rules and regulations which affect the public generally.
(Acts 1955, No. 47, p. 267, §15.)
(a) All functions under this article and all other activities relating to emergency management are hereby declared to be governmental functions.
(b) Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivisions thereof, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker, individual, partnership, association, or corporation complying with or reasonably attempting to comply with this article or any order, rule, or regulation promulgated pursuant to the provisions of this article or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this article or under the Workers’ Compensation Law or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.
(c) Any requirement for a license to practice any professional, mechanical, or other skill shall not apply to any authorized emergency management worker who shall, in the course of performing his duties as such, practice such professional, mechanical, or other skill during an emergency management emergency.
(d) As used in this section, the term “emergency management worker” shall include any full-or part-time paid, volunteer, or auxiliary employee of this state, or other states, territories, possessions, or the District of Columbia, of the federal government, of any neighboring county or of any political subdivision thereof, or of any agency or organization performing emergency management services at any place in this state subject to the order or control of, or pursuant to, a request of, the state government or any political subdivision thereof.
(e) Any emergency management worker, as defined in this section, performing emergency management services at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance to which the state or a political subdivision thereof is a party, shall possess the same powers, duties, immunities, and privileges he would ordinarily possess if performing his duties in the state, province, or political subdivision thereof in which normally employed or rendering services.
(Acts 1955, No. 47, p. 267, §16.)
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual disaster or an actual, impending, mock, or practice attack, shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises, or for the loss of, or damage to, the property of such person.
(Acts 1955, No. 47, p. 267, §17.)
(a) Whenever the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, acting through the Governor, or such political subdivision acting through its governing body may accept such offer, and upon such acceptance the Governor of the state or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision.
(b) Whenever any person, firm, or corporation shall offer to the state, or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, acting through the Governor, or such political subdivision acting through its governing body may accept such offer and upon such acceptance the Governor of the state or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision.
(Acts 1955, No. 47, p. 267, §18.)
No organization for emergency management established under the authority of this article shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.
(Acts 1955, No. 47, p. 267, §19.)
No person shall be employed or associated in any capacity in any emergency management organization established under this article who advocates a change by force or violence in the constitutional form of the government of the United States or of this state, or the overthrow of any government in the United States by force or violence, or who has been convicted of, or is under indictment or information, charging any subversive act against the United States. Each person who is appointed to serve in an organization for emergency management shall, before entering upon his or her duties, take an oath, in writing, before a person authorized to administer oaths, or the State Emergency Management Director, or his or her duly authorized representatives, which oath shall be substantially as follows:
“I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alabama, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
“And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of emergency management organization) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence.”
(Acts 1955, No. 47, p. 267, §20.)
The Director of Emergency Management, upon recommendation of the Emergency Management Advisory Council, with the approval of the Governor, is authorized and empowered and may enter into a contract by bond or policy with an insurance company authorized to do business in this state covering a certain amount to be paid to the employees or trainees of the emergency management corps of this state actually engaged in the performance of duties as such emergency management members or trainees who, by accidental means, may be killed or injured; provided that the amount paid to any such party on account of accidental death or injury should not exceed the amount or amounts as provided by the Worker’s Compensation Act of this state.
(Acts 1955, No. 47, p. 267, §21.)
Any person violating any provision of this article or any rule, order, or regulation made pursuant to this article shall, upon conviction thereof, be fined not more than $500, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Acts 1955, No. 47, p. 267, §22.)
This article shall be construed liberally in order to effectuate its purpose.
(Acts 1955, No. 47, p. 267, §24.)
(a) The funds appropriated by the Legislature in the general appropriation act for the support and maintenance of this article shall be expended solely for the purposes designated in the appropriation act and shall be limited to the amounts provided therein and shall be disbursed, in the same manner as all other state funds are disbursed, by warrant of the Comptroller authorized by the Director of the Emergency Management Agency and approved by the Governor, subject to the terms, conditions, provisions, and limitations of Article 4 of Chapter 4 of Title 41. In addition to any other appropriation, there is hereby appropriated out of any moneys in the State Treasury the sum of $250,000, or so much thereof as may be necessary, for the expenses incident to the operation and enforcement of the provisions of this article during an emergency as described in Section 31-9-8 hereof and the expenditure and disbursement of such funds shall be in the same manner as other funds of the Emergency Management Agency are expended and disbursed.
(b) The State of Alabama is hereby authorized to make grants, as funds may be appropriated for the specific purpose, to any political subdivision of the state in amounts not to exceed the amounts expended, or to be expended, by such political subdivision for personnel and administrative costs of local emergency management and emergency preparedness. The State Office of Emergency Management and Emergency Preparedness shall be the agency responsible for the administration of the grant program authorized by this section. In allocating state grants under this section, the administrative agency shall invoke and apply the same standards, criteria, and measures of eligibility for matching funds as prevail in the administration of the Federal Civil Defense Act of 1950, as amended by Public Law 85-606, and no state grant funds authorized by this section shall be allocated to any political subdivision whose emergency management and emergency preparedness program is not eligible for such matching federal grant funds. The amounts of the annual state grants is that amount (50-50) which is appropriated by the local governments for the sole purpose of emergency management emergency preparedness programs at the local level which is programmed in their annual submission to the State Emergency Management Agency. In the event the state appropriation for this grant program in any given fiscal year is insufficient to match all eligible local expenditures for the same purposes in full, the State Office of Emergency Management shall prorate the allocation of available state grants among eligible local programs in the proportion which the eligible local expenditures of a given local program bears to the total eligible local expenditures of all local programs.
(Acts 1955, No. 47, p. 267, §26; Acts 1978, No. 852, p. 1276, §2.)
(a) During the existence of a state of emergency declared pursuant to Section 31-9-8, a business entity or a church, mosque, synagogue, or other bona fide religious institution may continue or resume its business or religious operations if the business entity or religious institution complies with all of the safety precautions issued by the Governor, a state department or agency, or a county or municipal governing body or agency thereof under the authority of the Alabama Emergency Management Act of 1955, Article 1 of this chapter, to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event, or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.
(b) Notwithstanding the existence of a state of emergency declared pursuant to Section 31-9-8, the Alabama State House may not be closed to the public while the Legislature is in session.
(c) If a provision of this section is inconsistent with any proclamation, order, rule, or other directive adopted under this article, this section shall prevail.
(Act 2021-160, §1.)
The Emergency Management Assistance Compact is enacted into law and entered with all jurisdictions mutually adopting the compact in the form substantially as follows:
THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT
Article I - Purpose and Authorities.
This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purpose of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
The compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states’ National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.
Article II - General Implementation.
Each party entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government, that are essential to the safety, care, and welfare of the people in the event of any emergencies or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of appropriate interstate mutual aid plans and procedures necessary to implement this compact.
Article III - Party State Responsibilities.
(a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:
(1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.
(2) Review party states’ individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.
(3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
(4) Assist in warning communities adjacent to or crossing the state boundaries.
(5) Protect and assure delivery of services, medicines, water, food, and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.
(6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
(7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.
(b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:
(1) A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
(2) The amount and type of personnel, equipment, materials, and supplies needed, and a reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting party’s response and a point of contact at that location.
(c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans, and resource records relating to emergency capabilities.
Article IV - Limitations.
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof. It is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for the state.
Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving states), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units shall come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state or states, whichever is longer.
Article V - Licenses and Permits.
Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when assistance is requested by the receiving party state, the person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving the skill to meet a declared emergency or disaster, subject to limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
Article VI - Liability.
Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes.
Article VII - Supplementary Agreements.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
Article VIII - Compensation.
Each party shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of the forces in case members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
Article IX - Reimbursement.
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving the aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests. Any aiding party state may assume in whole or in part loss, damage, expense, or other cost, or may loan equipment or donate services to the receiving party state without charge or cost, provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.
Article X - Evacuation.
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of the evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. The expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assure the responsibility for the ultimate support of repatriation of such evacuees.
Article XI - Implementation.
(a) This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by the state.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. The action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
(c) Duly authenticated copies of this compact and of supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States government.
Article XII - Construction.
This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.
Article XIII - Additional Provisions.
(a) Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.
(b) This compact shall not affect the statutory authority or the emergency service authority of the Alabama State Law Enforcement Agency, the Department of Transportation, the Military Department, or any other department of state government.
(c) The legally designated state official who is assigned responsibility for emergency management shall not offer resources to, or request resources from, another compact member state, without prior discussion with and concurrence from the state agency, department, office, division, board, bureau, commission, or authority that may be asked to provide resources or that may utilize resources from another compact member state.
(d) The Director of the Emergency Management Agency shall, on or before the first day of January, two thousand three, provide to the Legislature and the Governor copies of all mutual aid plans and procedures promulgated, developed, or entered into after the effective date of this section. The Director of the Emergency Management Agency shall annually hereafter provide the Legislature and Governor with copies of all new or amended mutual aid plans and procedures on or before the first day of January of each year.
(Act 2001-1065, 4th Sp. Sess., p. 1065, §1.)
(a) There is established a Local Emergency Management Agency Assistance Fund to provide supplemental funding for local emergency management organizations created and operating under Section 31-9-10, for the purposes and under the conditions set out in this article. The local emergency management organization supplement shall be funded by an annual allocation from the budget of the State of Alabama Emergency Management Agency sufficient to make annual disbursements up to seventeen thousand dollars ($17,000) for each local emergency management organization in the state certified as meeting the criteria and procedures for payment as set out in this article.
(b) All necessary and appropriate disbursements shall be made by the Comptroller as provided in this article.
(Act 2007-462, p. 968, §1; Act 2023-204, §1.)
(a)(1) The following requirements are established for the position of certified local emergency management director created herein:
a. Satisfactory completion of two years of college level education.
b. At least three years of work experience in the area of emergency response, emergency management, or qualified military service.
c. Two hundred hours of course work in emergency management as recommended by the Alabama Association of Emergency Managers and approved by the Director of the Alabama Emergency Management Agency.
(2) Any individual who is serving as a local emergency management director on June 14, 2007, shall be deemed to satisfy the requirement for two years of college level education if he or she has a minimum five years’ work experience as a local emergency management director and he or she meets the requirement of paragraph (a)(1)c.
(b) Any local emergency management director meeting the standards set out in subsection (a) shall be granted the designation of local emergency management director without the completion of any further requirements unless the requirements are approved by the governing board of the Buddy Sharpless Education Institute established in Section 11-3-44.
(Act 2007-462, p. 968, §2; Act 2023-204, §1; Act 2025-49, §1.)
(a) For the purposes of this section, a certified local emergency management director is a local emergency management director who completes the requirements to be a certified local emergency management director and is so designated by the Director of the Alabama Emergency Management Agency.
(b)(1) Each state-recognized local emergency management organization that employs and retains a certified local emergency management director shall receive an annual salary supplement from the Alabama Emergency Management Agency to constitute 35 percent of the certified local emergency management director’s total salary. In no case shall the salary supplement paid as provided herein be more than seventeen thousand dollars ($17,000) per county.
(2) The salary supplement shall be paid quarterly as a reimbursement for the salary paid to the local director in the prior three months, under rules and procedures established by the Director of the Alabama Emergency Management Agency. A salary supplement shall not be paid to certified local emergency management directors who receive that status on or after October 1, 2023, until the beginning of the fiscal year following the completion of the requirements and designation by the Director of the Alabama Emergency Management Agency.
(c) Beginning on October 1, 2007, and each year thereafter, the department shall set aside additional federal funds in an amount equal to 25 percent of the total increase in such funds above those amounts received in the fiscal year ending September 30, 2007. These funds shall be divided equally among the state-recognized local emergency management organizations that employ and retain a certified local emergency management director.
(d) There is annually appropriated from the state General Fund to the Alabama Emergency Management agency such funds as are necessary to meet the requirements of this section.
(e) No monies provided for in this article may be expended for any purpose unless they have been appropriated by the Legislature and allocated pursuant to this article. Any funds appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.
(Act 2007-462, p. 968, §3; Act 2023-204, §1.)
As used in this article, the following terms shall have the following meanings:
(1) COMMITTEE. The Alabama Disaster Recovery Program Committee.
(2) RECOVERY FUND. The Alabama Disaster Recovery Fund.
(3) RECOVERY PROGRAM. The Alabama Disaster Recovery Program.
(4) SYSTEM. The Statewide Emergency Notification System authorized in Section 31-9-81.
(Act 2009-342, p. 661, §1; Act 2020-85, §1.)
(a) There is created the Alabama Disaster Recovery Program for the purposes of providing financial assistance to eligible counties and municipalities for meeting local needs before, during, and immediately following a disaster that affects a county or municipality and of establishing, implementing, operating, and maintaining the Statewide Emergency Notification System to facilitate statewide communication of emergency responses, decisions, and warnings of developing emergency situations for the benefit of residents and state and local emergency management agencies.
(b) The recovery program shall be funded by the Alabama Disaster Recovery Fund. The Legislature may make appropriations to the recovery fund from State General Fund revenues, available federal monies, revenues made available by future legislative acts, or from any other source available except insurance policy surcharges. All revenues paid into the recovery fund shall remain in the recovery fund until such time as expended as provided in this article, and shall not revert to the State General Fund or be expended for any purposes other than those set out in this article. All revenues appropriated to the recovery fund, except those funds appropriated pursuant to Section 31-9-87, shall be paid to the Emergency Management Agency and deposited into a separate fund. Distribution of funds, except those funds appropriated pursuant to Section 31-9-87, shall be made to eligible counties and municipalities pursuant to procedures established by the Emergency Management Agency in accordance with this article. All revenues appropriated to the recovery fund pursuant to Section 31-9-87 shall be paid to the Emergency Management Agency and deposited into a separate fund which shall be known as the Alabama Statewide Emergency Notification System Fund and shall be expended only as provided in Section 31-9-87.
(Act 2009-342, p. 661, §2; Act 2020-85, §1.)
(a) There is hereby established the Alabama Disaster Recovery Program Committee, which shall be convened solely for purposes provided under this article. The committee shall consist of the following members:
(1) The Director of the Department of Transportation, or his or her designee.
(2) The State Forester, or his or her designee.
(3) The Director of the Emergency Management Agency, or his or her designee.
(4) A county commissioner appointed by the Association of County Commissions of Alabama.
(5) A mayor or member of a city council appointed by the Alabama League of Municipalities.
(6) A local emergency management director appointed by the Alabama Association of Emergency Managers.
(7) A county engineer appointed by the Association of County Engineers of Alabama.
(8) The Governor, or his or her designee.
(b) Each appointed committee member shall serve at the pleasure of his or her appointing authority. The appointee of the Alabama Association of Emergency Managers shall serve as the initial chair of the committee and shall call its first meeting. At the first meeting, the committee shall elect, from its membership, a chair and vice chair who shall serve at the pleasure of the committee.
(c) The membership of the committee shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(Act 2009-342, p. 661, §3.)
(a) Disbursements from the recovery fund for purposes set out in this section shall only be available as provided herein upon a proclamation from the Governor or Legislature made pursuant to Section 31-9-8, and a proclamation made by the local governing body in the county or municipality affected by the disaster. The following rules shall apply for all distributions from the recovery fund for purposes set out in this section:
(1) Distributions may not be used for state emergency response and relief efforts, except as determined appropriate pursuant to rules adopted by the committee under Section 31-9-86.
(2) Distributions under this section shall only be available to reimburse an eligible county or municipality for those expenses not covered by insurance or other similar programs.
(3) Distributions under this section shall be limited for each incident period to 50 percent of the monies existing in the recovery fund at the time of the award or 75 percent of the expenses incurred by the eligible county or municipality, whichever is less.
(b) To be eligible for financial assistance from the recovery fund under this section, the county or municipality requesting assistance shall have complied with Article 3, commencing with Section 41-16-50 of Chapter 16, Title 41, and Title 39, unless the emergency provisions authorized in paragraph a. of subdivision (5) of subsection (b) of Section 31-9-10, apply. Additionally, the eligible county or municipality shall be a participant in or have in place on the date of the disaster proclamation each of the following:
(1) A current emergency operations plan which has been in effect for three years or less or has been amended or renewed during the previous three years.
(2) An adopted debris management plan.
(3) A hazard mitigation plan approved according to guidelines established by the Federal Emergency Management Agency.
(4) A local emergency management director, working directly with or employed by the applying local government, who meets or is working toward the certification requirements provided in Section 31-9-61.
(5) Active coverage from the National Flood Insurance Program, if such coverage is available, which applies to any publicly owned structure or property for which the applying local government seeks assistance from the state disaster recovery program established by this article.
(c) The recovery fund shall be available to eligible counties and municipalities for the following designated activities, which may include reimbursement of any overtime wages paid for disaster related activities, but shall not include reimbursement for any regular wages paid:
(1) Debris removal which is necessary to eliminate immediate threats to life, public health, and safety; to eliminate immediate threats of significant damage to public property; or to ensure economic recovery of the affected community to the benefit of the community-at-large. For the purposes of this article, debris removal shall include all of the following:
a. The clearance of trees and woody debris.
b. Removal of wrecked buildings.
c. Sand, mud, silt, and gravel removal.
d. Vehicle removal.
e. Removal of other disaster-related material.
(2) Emergency protective measures necessary to eliminate or reduce an immediate threat to life, public health, or safety or an immediate hazard that threatens significant damage to public property. Emergency protective measures shall include all of the following:
a. Search and rescue.
b. Emergency medical care.
c. Emergency mass care and shelter which cannot be provided by volunteer agencies.
d. Security in the disaster area.
e. Provision of food, water, ice, and other essential needs for use by local citizens.
f. Provision of temporary facilities for essential community services.
(3) Replacement or repair of infrastructure including roads and bridges, water control facilities, buildings, and equipment.
(Act 2009-342, p. 661, §4; Act 2018-94, §1.)
Unless extended by the committee, no later than 90 days following the appointment of the committee members, the Director of the Emergency Management Agency or his or her designee, with the consultation and agreement of the committee, shall promulgate rules and regulations pursuant to the Administrative Procedure Act establishing criteria for eligibility and procedures for application in accordance with this article.
(Act 2009-342, p. 661, §5.)
Unless an extension is granted by the committee, applications for assistance shall be submitted to the Emergency Management Agency by the county commission or municipality in the affected area seeking assistance within 90 days of the local declaration of a disaster. The Emergency Management Agency shall review each application in accordance with this article and the rules adopted as provided in Section 31-9-84 and, no later than 30 days after receipt of the application, shall provide notice to the local government and the members of the committee whether the application has been approved. The committee shall determine the amount of the reimbursement to the local government. The local government may appeal the decision of the agency by notifying the committee within 30 days of receipt of the decision of the agency. Otherwise, the decision of the agency shall be final. The committee shall convene and consider the appeal of the local government within 30 days of notice of an appeal. Any decision by the committee to overturn or alter the recommendation of the agency shall require at least four affirmative votes and shall be final. All funds shall be disbursed by the agency in accordance with its decision or the decision of the committee, as provided herein.
(Act 2009-342, p. 661, §6.)
(a) In addition to the program purposes set out in Section 31-9-81, the Alabama Disaster Recovery Program shall also be available for the following purposes:
(1) To provide assistance under circumstances determined appropriate by the committee as set out in subsection (b) for individual Alabama residents who suffer loss as a result of an event that could enable a county or municipality to seek reimbursement from the Alabama Disaster Recovery Fund pursuant to Section 31-9-83 or for private nonprofit facilities otherwise eligible for assistance under the Stafford Act, 42 U.S.C. 5121 et seq., as amended.
(2) For mitigation projects or programs developed by the Alabama Emergency Management Agency or a local government according to rules and procedures allowing for such activities adopted pursuant to subsection (b).
(3) For reimbursement of day-to-day administrative costs incurred by the Alabama Emergency Management Agency or a local emergency management program according to rules and procedures allowing for such reimbursement adopted pursuant to subsection (b).
(b) In order to provide for the additional program purposes set out in subsection (a) and for authorizing distributions for state emergency response and relief efforts, the committee shall develop and implement rules and procedures for providing assistance to individual Alabama residents or to eligible private nonprofit facilities, for reimbursing costs associated with implementing mitigation projects or programs that meet the requirements established by the committee, and for reimbursing day-to-day administrative costs incurred by the Alabama Emergency Management Agency or a local emergency management program. The rules and procedures, which shall be adopted pursuant to the Administrative Procedure Act, shall include, at a minimum, circumstances under which individuals or private nonprofit facilities will be eligible for assistance and the application and approval process to be utilized, procedures for mitigation projects or programs authorized by the committee, and procedures for reimbursement of day-to-day administrative costs. The committee may also develop rules and procedures which allow for recovery funds to be made available as federal matching funds for any of the program purposes set out in Section 31-9-83 or subsection (a). Expenditures from the recovery fund made in accordance with the rules adopted under this section are authorized, provided the expenditures are otherwise consistent with the provisions and intent of this article.
(c) Notwithstanding the time frames for effective dates of rules in the Administrative Procedure Act, the rules adopted pursuant to this section shall become effective on January 1 following their final adoption and shall govern distributions and reimbursements for events occurring after the rules are effective. The committee shall meet to establish the rules required under this section no later than 90 days following the enactment of a funding source for the Alabama Disaster Recovery Fund by the Legislature. No reimbursement shall be made as provided in this section for events occurring before the effective date of the rules adopted pursuant to this section.
(Act 2018-94, §2.)
(a) Funds shall be appropriated by the Legislature to the Alabama Statewide Emergency Notification System Fund within the recovery fund for the purposes of establishing, implementing, maintaining, and operating the system, and, thereafter, shall be appropriated annually by the Legislature for continuous maintenance and operation of the system. Funding for the system may also be derived from gifts, federal grants, other appropriations from the Legislature, fees and contributions from users, or any other sources permitted by law. Any disbursement from the Alabama Statewide Emergency Notification System Fund shall be authorized in advance by the committee.
(b) Within three months after the Legislature appropriates funds for the system, the committee and the State Emergency Management Agency shall jointly develop requirements and specifications for the system. The State Emergency Management Agency shall provide administrative and technical assistance to the committee.
(c) Any procurement paid in whole or in part with funds from the Alabama Statewide Emergency Notification System Fund shall comply with Article 2, Chapter 16, Title 41, or other law, as applicable.
(d) The State Emergency Management Agency shall serve as the awarding authority for any procurement paid in whole or in part with funds from the Alabama Statewide Emergency Notification System Fund and upon recommendation of the committee, may purchase, lease, acquire, or otherwise implement the system to serve citizens and state and local emergency management agencies.
(e) The committee shall submit an annual report to the Governor, the Lieutenant Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, the House Minority Leader, the Chair of the Senate General Fund Committee, and the Chair of the House General Fund Committee detailing all expenditures in the previous fiscal year, the operation of the program, and its role in Alabama’s overall system of preparation, response, and recovery from emergency situations.
(Act 2020-85, §2.)
(a) Title 24 shall not apply to prefabricated storm shelters not equipped with electrical, plumbing, heating, or utility service lines, and which meet all of the following:
(1) Is a temporary safe place during storms as stated in Federal Emergency Management Agency Publication 320 or 361 or their successors.
(2) Includes plans for the construction of the shelter that are stamped, dated, and signed by a licensed engineer or a registered architect.
(3) States in a conspicuous place on the first blueprint page: “This shelter design complies with applicable standards as provided in the current Federal Emergency Management Agency (FEMA) publication and International Code Council (ICC-500) Codes.”
(4) Includes shelter occupancy information on the notes page of the shelter blueprints stating: “According to the current FEMA and ICC-500 standards, this shelter will accommodate (X) standing adults (5 SF/Person), (Y) people in wheelchairs (10 SF/Person), and (Z) bedridden people.”
(b) All resident and nonresident manufacturers of prefabricated storm shelters selling prefabricated storm shelters in this state shall annually deliver to the Alabama Emergency Management Agency a good and sufficient surety bond, executed by the applicant as principal and by a corporate surety company qualified to do business in the state as surety, in the sum of twenty thousand dollars ($20,000). The bond shall be in a form to be approved by the agency, and shall be conditioned upon the manufacturer’s compliance with the requirements for prefabricated storm shelters provided in subsection (a).
(Act 2012-224, p. 412, §1.)
The Alabama Emergency Management Agency shall have oversight authority on all storm shelters, both community and residential. The Alabama Emergency Management Agency may adopt administrative rules to carry out the intent of this article and to ensure that all prefabricated storm shelters funded in whole or in part by state or federal funds or eligible for reimbursement from the state or federal funds meet appropriate standards and guidelines prior to any payment or reimbursement from state or federal funds. In regards to residential storm shelters with capacity of not more than 16 people, the Alabama Emergency Management Agency shall perform random inspections of the manufacturers of those residential storm shelters and the installation of those residential storm shelters. There shall be no additional cost to the manufacturer or consumer for these random inspections.
(Act 2012-224, p. 412, §2.)
(a) The Alabama Emergency Management Agency may offer directly to any local emergency management agency of this state any used or obsolete equipment, supplies, or material through sale, gift, grant, or loan to be utilized for purposes of emergency management.
(b) Unless specifically provided otherwise at the time of the sale, gift, grant, or loan, any local emergency management agency receiving property from the Alabama Emergency Management Agency through sale, gift, or grant may dispose of such property as determined appropriate by the local governing body overseeing the local emergency management agency. Any property loaned to the local emergency management agency shall be returned to the Alabama Emergency Management Agency as directed by the Alabama Emergency Management Agency.
(Act 2014-72, §1.)
(a) Before December 31, 2021, the state Emergency Management Agency, in cooperation with the Alabama Association of Emergency Managers and the Association of County Commissions of Alabama, shall develop uniform guidelines for use in identifying and volunteering safer place facilities throughout the state. At a minimum, the guidelines shall do all of the following:
(1) Provide local emergency management agencies with methods for notifying the community about safer places.
(2) Provide an application process, through the local emergency management agency, for those individuals and entities that own or control a structure for offering all or part of the structure for designation as a safer place facility. At a minimum, the application shall require the applicant to make a good faith determination that the structure meets all criteria identified by the guidelines and that the applicant will not discriminate when making the structure available to the public. The application may be provided through the website of the local emergency management agency.
(3) Describe the circumstances and conditions of appropriate use and length of availability of a safer place facility.
(4) Require that the availability of a safer place will be nondiscriminatory on the basis of race, color, national origin, age, disability, sex, or religion.
(5) Provide that a designated safer place facility is not required to be available to the public at all times or to provide staff, food, water, medicine, electricity, air conditioning, first aid, telecommunication services, or any other life or health preserving goods or services before, during, or after a severe weather event.
(6) Provide a procedure for the withdrawal of a safer place designation.
(7) Require safer place facilities to satisfy applicable building codes at the time of construction, provide participants with improved protection from the elements, and not pose a direct threat to the health and safety of those participating including, but not limited to, the following:
a. A second means of exiting the facility in the event of fire or other emergency.
b. Smoke detectors which comply with applicable building codes.
c. Sufficient sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste.
(8) Establish other procedures, criteria, and guidelines as necessary to further the purposes of this section.
(b) No state or local governmental entity shall provide, or offer to provide, compensation or financial support of any kind to any individual or entity relating to the designation or operation of a safer place facility.
(c) Due to the patent and obvious dangers associated with severe weather events, an individual who uses a safer place facility does not acquire the status of an invitee or licensee, and the individual who uses a designated safer place facility does so at his or her own risk, with full knowledge and appreciation of the associated risks.
(d) A local emergency management agency, pursuant to its emergency management functions, may perform any task provided in the guidelines. Any individual who volunteers a structure as a safer place facility pursuant to this section is a volunteer for purposes of the Volunteer Service Act, Section 6-5-336, during the time the structure is designated as a safer place. Any entity making a facility available as a safer place shall be afforded the same protections granted to an emergency management worker, individual, partnership, association, or corporation by Section 31-9-16.
(Act 2021-165, §1.)
This article shall be known and may be cited as the Sarah Marsh Heaven’s 27 Camp Safety Act.
(Act 2026-368, §1.)
For purposes of this article, the following terms have the following meanings:
(1) AGENCY. The Alabama Emergency Management Agency.
(2) CABIN. Any structure in which campers sleep, including, but not limited to, a cabin, dormitory, or bunkhouse, regardless of camper capacity.
(3) CAMP. Any dedicated site in the State of Alabama where campers temporarily gather for recreational, religious, social, educational, or therapeutic purposes, whether operated for profit or nonprofit purposes, and which provides cabins for campers to stay overnight. The term does not include a dedicated location or structure for hunting or fishing or the use of available dormitory space or other residences at an educational institution.
(4) CAMPER. An individual who is 16 years of age or younger who is present and lodging at a camp for the purpose of participating in the recreational, religious, social, educational, or therapeutic activities provided under the supervision of the camp operator and staff.
(5) CAMP OPERATIONS. Physical custody of campers outside of the presence of parents or legal guardians for a period of days which requires staying overnight, during which the camp operator and staff supervise campers’ participation in recreational, religious, social, educational, or therapeutic activities.
(6) CAMP OPERATOR. a. The term includes both of the following:
An individual or entity that administers camp operations, including the provision of staff, regardless of any ownership interest in the camp operations, assets, personal property, or the site on which the camp is located.
An individual or entity that maintains a camp which includes staff members who may service dining, recreational, or other facilities, but which otherwise does not administer camp operations and leases the camp to other organizations to conduct camp operations.
b. The term does not include any of the following:
An organization that leases a camp from a camp operator for the purpose of administering camp operations.
An individual or entity that leases a camp for a retreat, seminar, or training in which the majority of participants are individuals who are 19 years of age or older.
An individual or entity that operates a conference center, hotel, or resort that is leased by individuals or entities, but is not responsible for custodial oversight of the guests.
An owner of land that leases the land to a camp operator but does not engage itself in camp operations on the land.
(7) EMERGENCY PREPAREDNESS LICENSE. The license issued by the agency to a camp operator which certifies that a camp complies with this article.
(8) FLOODPLAIN. Any area within a 100-year floodplain as designated by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, 42 U.S.C. § 4001 et seq., including a letter of map revision based on fill, or a similar administrative process by the Federal Emergency Management Agency.
(9) LOCAL ORGANIZATION. The local organization for emergency management as authorized in Section 31-9-10.
(10) STAFF MEMBER. An individual who is retained on an employment, contractual, or volunteer basis by a camp operator to provide camp operations, including security, maintenance, orientation, organization, scheduling, instruction, hospitality, emotional support, counseling, worship, meals or refreshments, first aid, or supervision of recreation, sports, or crafts.
(Act 2026-368, §2.)
(a) On and after January 1, 2027, a camp operator shall apply for and obtain an emergency preparedness license in accordance with the requirements of this article as a condition for conducting camp operations.
(b) An emergency preparedness license shall be valid for a period of five years from the date of approval, unless a camp operator within that period makes a material change to the camp as described in subsection (c).
(c) A supplemental application to maintain an emergency preparedness license that has been issued shall be submitted at any time within 45 days of any of the following material changes to the camp:
(1) The boundaries of the camp are altered.
(2) The number of cabins is increased.
(3) Any renovation to an existing cabin which results in an increase of more than three in camper capacity.
(d)(1) When granting an approval to an application for an emergency preparedness license, the agency shall include in the notice of approval to the camp operator the date on which the five-year period shall expire, which must be the deadline by which the license shall be renewed by submission of a supplemental application.
(2) If a camp operator submits a supplemental application to maintain an emergency preparedness license in compliance with subsection (c), upon approval of the supplemental application, the agency may extend the deadline required under subdivision (1), but no extension may be made for a period longer than five years from the date of approval of the supplemental application.
(3) Not less than 90 days before the deadline set by the agency under subdivision (1) or subdivision (2), the agency shall remind the camp operator by a written and digital notice of the deadline for submission of the supplemental application for renewal of the license. Notwithstanding the deadline, a license shall remain valid pending the agency’s determination to renew the license on a supplemental application that is submitted no later than the deadline.
(e) No camp operator may apply for an emergency preparedness license without presenting documentation to the agency: (i) that the camp is regulated by the Alabama Department of Public Health for the sanitation of food preparation and lodging facilities as evidenced by a valid permit; and (ii) that the camp and camp operations are covered by liability insurance.
(f) When an initial application is submitted for an emergency preparedness license, within 90 days the agency shall notify the camp operator of the determination approving or disapproving the application.
(g) The agency may prescribe by rule the conditions required to implement the application and approval period conditions required in this section, and shall develop application forms and written instructions to a camp operator for documentation necessary to substantiate compliance with each section of this article.
(h) If a camp operator administers camp operations at more than one camp, a separate emergency preparedness license shall be required for each camp.
(i) The agency shall post, maintain, or update on the agency’s website a list of each camp that has a valid license pursuant to this article.
(Act 2026-368, §3.)
(a) No individual may be retained by a camp operator as a staff member who has been convicted of a crime that involves a sexual or violent act, including those acts that are unlawful under Chapter 6 of Title 13A, as disclosed by the Alabama State Law Enforcement Agency or a contractor that is: (i) recognized as reliable among professional camping organizations to perform criminal history background checks on prospective staff members; or (ii) is approved by the agency.
(b) Each camp operator shall submit to the agency a list of staff members retained by a camp: (i) in the initial emergency preparedness license application; or (ii) any supplemental application for renewal of the license due to expiration of an application deadline set by the agency pursuant to Section31-9-2(d).
(Act 2026-368, §4.)
(a) Beginning January 1, 2027, no camp operator shall construct or expand a cabin located in a floodplain.
(b) Notwithstanding subsection (a), the agency shall approve the continued operation of an existing cabin located in a floodplain if the camp operator demonstrates to the agency all of the following:
(1) The lowest finished floor elevation of the cabin is at least two feet above the applicable base flood elevation. Where a base flood elevation is not provided, the camp operator shall obtain and use the best available flood data to determine flood risk for the affected cabin.
(2) One or more high-water markers as needed, based upon on-the-ground measures and real-time conditions, are installed at appropriate locations near the affected cabin.
(3) The cabin is not located within a designated regulatory floodway as identified on the most current flood hazard map published by the Federal Emergency Management Agency (FEMA).
(4) The emergency plan required under Section 31-9-167 includes enhanced evacuation procedures specific to flood risk.
(c) Any cabin located or to be located in a camp that is located in or contiguous to a zone mapped by FEMA as Zone V or Zone VE in a coastal high hazard area is exempt from the provisions of this section regardless of the FEMA zone classification in which the cabin is located.
(Act 2026-368, §5.)
As a condition for receiving an emergency preparedness license, a camp shall operate with all of the following equipment or capabilities:
(1) A NOAA Weather Radio that transmits “all-hazards” notifications.
(2) A protocol to alert essential staff members of an emergency, including a redundant procedure that does not rely on text messaging or cellular service.
(3) A notification system that does not rely on an Internet connection and that is capable of providing an alarm and notification of an emergency which is audible both indoors and outdoors to staff members and campers.
(Act 2026-368, §6.)
Each camp shall have as many designated sheltering spaces as are necessary to afford capacity for the maximum number of campers and staff members who are overnight residents.
(Act 2026-368, §7.)
(a) The agency shall not approve an emergency preparedness license for a camp unless the camp maintains an emergency plan that provides for the protection and safety of campers and complies with the requirements of this section.
(b) An emergency plan shall contain procedures for responding to all of the following situations:
(1) A lost camper.
(2) A fire on camp premises.
(3) A severe illness, injury, or death of a camper, staff member, or visitor which occurs on camp premises or while under the supervision of a staff member.
(4) An incident or condition involving a watercourse, lake, or pond within or near the camp.
(5) A warning of impending severe weather, such as torrential rain, hail, thunderstorm, or a tornado.
(6) An outbreak of sickness or an epidemic.
(7) An unauthorized individual on the campsite.
(8) Any natural disaster that threatens life or property.
(9) An emergency or incident related to transportation of campers or staff members during the days of a camp session.
(c) An emergency plan shall designate one or more locations for campers and staff members to gather in case of an emergency that requires an evacuation of the camp or a shelter in place.
(d)(1) An emergency plan shall contain a procedure for responses to emergency threats as applicable to the camp as listed in subsection (b), which shall include, but not be limited to, both of the following:
a. Communication to campers and staff members on use of prescribed evacuation routes.
b. Procedures for nighttime evacuation.
(2) The agency may prescribe that each camp have one or more staff members to be the designated emergency preparedness coordinators to monitor weather conditions, act as liaison with the local organization, and ensure compliance with staff training pursuant to Section 31-9-169(c)(2).
(e) An emergency plan shall contain a procedure to shelter in place in case of a tornado, a severe thunderstorm warning, or other sudden threat in which evacuation is impractical or increases the risk of harm to campers.
(f) The procedures developed pursuant to subsections (b) through (e) shall include all of the following:
(1) A protocol for identifying and accounting for each camper affected by the emergency event.
(2) Notification of the local organization, with a provision for ongoing communication with the local organization as conditions unfold during an emergency.
(3) Ongoing communication between the camp operator and all essential staff members pursuant to Section 31-9-165(2).
(4) Notification to each parent or legal guardian of a camper of the emergency event and the safety measures taken as soon as reasonably possible in relation to the emergency.
(g) In the preparation of an emergency plan, a camp operator or emergency preparedness coordinator may consult with the local organization, the agency, the American Camp Association, or another professional group for camps concerning the implementation of best practices.
(Act 2026-368, §8.)
(a)(1) A camp operator shall submit the emergency plan required in Section 31-9-167 to the agency for approval with the initial application for an emergency preparedness license.
(2) The plan shall be updated or amended if a supplemental application to maintain an emergency preparedness license is required pursuant to Section 31-9-162(c) and included with the supplemental application as a condition for approval.
(3) If the plan is updated or amended for any reason other than for a mandatory condition pursuant to Section 31-9-162(c), the updated plan shall be submitted to the agency for approval within 10 days of the update or amendment, and the agency may dispense with resubmission of the updated or amended plan with the next required supplemental application for a renewal license in compliance with a deadline set by the agency pursuant to Section 31-9-162(d).
(4) If the agency determines that the emergency plan does not meet the minimum standards prescribed by Section 31-9-167, the agency shall notify the camp operator of the plan’s deficiencies, and the camp operator shall remedy and resubmit a revised plan no later than 90 days after receiving the notice.
(5) Upon approval by the agency, the agency shall also provide a copy of an updated or amended version of the emergency plan to the local organization.
(b) The agency shall store the most recent version of an approved emergency plan in a digital database.
(Act 2026-368, §9.)
(a)(1) Upon request by a parent or legal guardian of a registered camper, a camp operator shall provide: (i) a copy of the camp’s current emergency preparedness license; and (ii) a short, written summary of the camp’s emergency procedures.
(2) Upon request by a parent or legal guardian of a prospective camper, a camp operator shall provide a copy of the camp’s emergency preparedness license.
(3) Upon request by a parent or legal guardian of a registered or prospective camper, a camp operator shall provide notice of any cabin that is located on a floodplain.
(b) Not more than 24 hours after the start of a camp session, the camp operator and staff members shall conduct a mandatory safety orientation that includes all of the following information:
(1) The camp’s boundaries and any hazards present on camp premises.
(2) Developmentally appropriate instruction on the appropriate actions, including evacuation procedures, to take in case of an emergency event which conform to the emergency plan.
(c)(1) Each staff member shall participate in a review of the most recent version of the camp’s emergency plan at least once a year or upon approval of the agency of an amendment or update to the plan pursuant to Section 31-9-168(a).
(2) Each staff member shall successfully complete annual training on the proper procedures to follow according to the emergency plan.
(3) A camp operator shall maintain a written or digital record documenting each staff member’s successful completion of the training required under subdivision (2).
(d)(1) A camp operator as defined in Section 31-9-161(6)a.2. shall require, by lease or contract, that an organization that is using the camp to administer camp operations do all of the following:
a. Verify that the staff members supplied by the organization to administer camp operations have been subjected to a criminal history background check as provided in Section 31-9-163(a).
b. Agree that the staff members supplied by the organization to administer camp operations shall familiarize themselves with the camp operator’s emergency plan and plan for evacuation.
c. Agree that the staff members supplied by the organization to administer camp operations, within 24 hours of the arrival of campers, shall provide developmentally appropriate instruction to the campers on the appropriate actions to take during an emergency event which conform to the camp operator’s emergency plan.
(2) The emergency preparedness coordinator designated by the camp operator pursuant to Section 31-9-167(d)(2) shall provide an orientation and review of the camp emergency and evacuation plans to the staff members supplied by the organization to administer camp operations upon their arrival at the camp.
(Act 2026-368, §10.)
(a) An agency disapproval of an initial or supplemental application for an emergency preparedness license, including disapproval of an emergency plan, shall specify in writing the condition or requirement in this article or in an agency rule which the applicant failed to meet or satisfy with sufficient detail that the applicant may understand the action or measure required to remedy the deficiency.
(b)(1) Any applicant, upon receipt of an agency disapproval under subsection (a), may submit a written appeal to the director of the agency within 30 days of receiving the decision of disapproval for reconsideration. The applicant may include with the appeal a written explanation as to why the application or submission should be approved. The director may afford the applicant an informal hearing to explain the reason the application or submission should be approved.
(2) Upon reconsideration, the director may:
a. Reverse the decision based on the applicant’s written explanation or information gathered at an informal hearing; or
b. Uphold the decision based on the applicant’s written explanation or information gathered at an informal hearing.
(3) The decision of the agency director pursuant to subdivision (2) shall be final but without prejudice to the applicant’s right to again apply for approval at any time.
(c) The agency may adopt rules to govern appeals, with criteria for granting a variance to a condition or requirement when an applicant demonstrates that the measures being planned or implemented otherwise protect the safety of campers.
(Act 2026-368, §11.)
(a) The agency may inspect a camp to verify compliance. Except in an emergency, or when responding to a specific, credible complaint alleging noncompliance or unsafe conditions, the agency shall conduct the inspection at a time agreed upon with the camp operator.
(b) An inspection shall be limited to verifying required documentation, staff member training records, and the on-site availability of safety plans approved by the agency.
(Act 2026-368, §12.)
(a) A Youth Camp Safety Advisory Council (advisory council) is established as an independent council to advise the agency on the implementation of the requirements of this article: (i) during the period between April 8, 2026, and January 1, 2027; and (ii) on an ongoing basis after January 1, 2027. This council shall be advisory only and shall have no independent regulatory authority.
(b)(1) The membership of the advisory council shall consist of all of the following:
a. The Director of the Alabama Emergency Management Agency, or his or her designee.
b. A representative of the Alabama Department of Public Health, to be appointed by the State Health Officer.
c. The Chief of the Alabama Office of Water Resources of the Alabama Department of Economic and Community Affairs, or his or her designee.
d. The Secretary of the Alabama State Law Enforcement Agency, or his or her designee.
e. Two representatives from the Association of Alabama Camps, to be appointed by the president of the association.
f. A representative from the Alabama Association of Rescue Squads, to be appointed by the executive board director of the association.
g. A representative from the Campaign for Camp Safety who is a resident of the state and who has attended a camp in the state or has a child or close relative who is attending a camp in the state, to be chosen by the membership of the organization.
h. A representative from the Alabama Association of Emergency Managers.
i. A representative from the YMCA who is experienced in camping matters, to be appointed by the Governor.
j. A representative from Scouting America who is experienced in camping matters, to be appointed by the Governor.
k. A representative from Camp McDowell, to be appointed by the board of directors of the camp.
(2) Appointments to the advisory council shall be coordinated to assure that council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(3) Members from state departments or agencies shall serve terms that coincide with their respective offices or appointments. No individual shall continue to serve on the advisory council when he or she or, if applicable, the designating officer, no longer serves in the office to which he or she was appointed.
(4) Members shall serve without compensation and be reimbursed by their respective departments or agencies or, if applicable, according to the policy of their respective organizations.
(c)(1) The advisory council shall hold an organizational meeting in person no later than May 23, 2026, at the call of the chair, who shall be the Director of the Alabama Emergency Management Agency, or his or her designee.
(2) At the organizational meeting, the council shall elect a co-chair, who shall be one of the representatives from the Association of Alabama Camps.
(3) After the organizational meeting, the advisory council shall meet at the call of the chair, and proceedings may be conducted by electronic means.
(4) The advisory council shall meet as necessary to fulfill the responsibilities described in subsection (a).
(d) The advisory council shall dissolve April 8, 2029.
(Act 2026-368, §13.)
Nothing in this article shall be interpreted to change any element of civil liability with respect to any possible claim against a camp nor create a cause of action solely for a violation of this article.
(Act 2026-368, §14.)
The agency may adopt rules necessary to implement, administer, and enforce the requirements of this article, and may not adopt any rules that expand the scope of this article or that impose additional duties not expressly provided for in this article.
(Act 2026-368, §15.)
This chapter shall be known and may be cited as the “Alabama Homeland Security Act of 2003.”
(Act 2003-276, p. 658, §1.)
(a) As a result of the unprecedented and devastating attack of September 11, 2001, upon the people and the vital infrastructure of the United States of America and the possibility that such attacks may be perpetrated in the future by those persons identified as terrorists and other enemies of this country, and in order to ensure that preparations of this state will be adequate to deal with such events and to generally provide for the common defense and to protect and preserve the life, health, welfare, and property of the people of Alabama, it is found and is declared to be necessary to:
(1) Create a State Department of Homeland Security.
(2) Confer upon the Governor the powers provided in this chapter.
(3) Provide for the rendering of aid to the political subdivisions of the state, and between other states, and the federal government with respect to performing those functions related to homeland security.
(4) Authorize necessary and appropriate action to implement this chapter.
(b) It is further declared to be the purpose of this chapter and policy of the State of Alabama to assist, coordinate, and encourage homeland security preparedness by state departments and agencies and political subdivisions of the state by authorizing the making of grants, as funds are appropriated for such purpose, to any political subdivision of the state in amounts not to exceed the amounts authorized, for the purpose of promoting homeland security.
(Act 2003-276, p. 658, §2.)
Unless a different meaning is clearly indicated by the context, for the purposes of this chapter, the terms defined in this section have the following meanings ascribed to them:
(1) DEPARTMENT. The Department of Homeland Security.
(2) DIRECTOR. The Director of Homeland Security.
(3) HOMELAND SECURITY. The development, coordination, and implementation of a state policy to secure the State of Alabama from terrorist threat or attack. The term includes efforts to detect, prepare for, prevent, protect against, share intelligence where applicable, respond to, and recover from terrorist attacks within the State of Alabama.
(4) POLITICAL SUBDIVISION. A county, city, town, or fire district of the State of Alabama.
(Act 2003-276, p. 658, §3.)
(a) The Department of Homeland Security is created within the Executive Branch of the state government, and shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(b) The department is designated as the principal state agency to coordinate the receipt, distribution, and monitoring of all funds available from any source for the purpose of equipping, training, research, and education in regard to homeland security related items, issues, or services. The department is further designated and authorized to coordinate and establish standards for all operations and activities of the state related to homeland security efforts.
(c) The department shall not have any power or authority to interfere with any funds from any source specifically appropriated for the Alabama State Port Authority, the Birmingham Airport Authority, the Huntsville Airport Authority, the Mobile Airport Authority, and the Montgomery Airport Authority.
(Act 2003-276, p. 658, §4.)
(a) The position of Director of Homeland Security is created. The director shall be the head of the department. The director shall be appointed by and hold office at the pleasure of the Governor and shall be subject to confirmation by the Senate. Notwithstanding the foregoing, any person holding the position of director on June 18, 2003, shall not be subject to confirmation by the Senate. The director shall devote his or her entire time to the duties of office and shall be subject to Chapter 25, Title 36, the Alabama Ethics Law. The salary of the director shall be set by the Governor.
(b) The director, subject to the direction and authority of the Governor, shall be the executive head of the department and shall be responsible to the Governor for coordinating, designing, and implementing Alabama’s program for homeland security. The director shall be the principal point of contact for and to the Governor with respect to homeland security issues.
(c) The director is given the following additional and cumulative powers and duties to:
(1) Receive intelligence information from federal authorities relating to homeland security and ensure that, to the extent allowed by law, all appropriate and necessary intelligence and law enforcement information regarding homeland security is disseminated to and exchanged among appropriate executive departments responsible for homeland security, and where appropriate, promote the exchange of such information with county and local governments and private entities.
(2) Assist in planning and executing exercises and simulations designed to practice those systems that would be utilized in response to a terrorist threat or attack within Alabama.
(3) Assist in state efforts to ensure public health preparedness for a terrorist event.
(4) Engage in the exchange of information with the federal government relating to immigration and efforts to improve the security of the borders, territorial waters, and ports of the United States.
(5) Coordinate the efforts to protect the people of Alabama and the state’s critical infrastructure from terrorist attack, including, but not limited to, energy production, transmission and distribution systems, telecommunications, nuclear facilities, public and privately owned information systems, special public and private events, transportation hubs and networks, livestock, water, food supplies, and research institutions. Notwithstanding any other provision of this chapter, the director shall not impose security requirements on any private sector facility that are inconsistent with existing or future requirements applicable to private sector facilities pursuant to federal law or regulations, including those adopted by the Nuclear Regulatory Commission, the Federal Energy Regulatory Commission, the federal Department of Homeland Security, or other federal agencies.
(6) Ensure that state, county, and local governmental agencies and authorities coordinate and cooperate with private sector security forces responsible for the protection of critical infrastructure consistent with federal laws and regulations applicable to private sector security forces related to homeland security issues.
(7) Promulgate, pursuant to the Alabama Administrative Procedure Act, necessary rules to implement and administer this chapter.
(d) The director shall coordinate the strategy of the Executive Branch for communicating with the public in the event of a terrorist threat or attack within the State of Alabama. The director shall also coordinate the development of programs for educating the public about the nature of terrorist threats and the appropriate precautions and responses.
(e) The director shall provide information and advice to the Director of Finance and to the Permanent Joint Legislative Committee on Finances and Budgets on the level and use of funding for state departments and agencies relating to homeland security. Prior to the Governor transmitting the annual budget to the Legislature, the director shall certify to the Director of Finance the funding levels that are necessary and appropriate to carry out the homeland security activities of the Executive Branch.
(f) The director and other personnel of the department shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies.
(g) The director shall have such additional authority, duties, and responsibilities as may be prescribed by the Governor within the confines of this chapter.
(Act 2003-276, p. 658, §5.)
(a) The position of Deputy Director of Homeland Security is created. The deputy director shall be responsible for such tasks and duties as assigned by the director.
(b) The deputy director shall be appointed by and serve at the pleasure of the Governor. The salary of the deputy director shall be set by the Governor.
(Act 2003-276, p. 658, §6.)
(a) The director may establish personnel policies and salary schedules for all employees of the department. The director may appoint assistant directors who shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The positions of director, deputy director, and assistant director may not be limited by Sections 36-6-5 and 36-6-6.
(b) Subject to the Merit System, the director may appoint or employ such other professional, technical, clerical, and other personnel as may be necessary to carry out this chapter. The salary of these personnel shall be determined by the Governor and the State Personnel Board in accordance with Section 36-26-12. The director may make expenditures from the appropriation for these personnel, or from other funds made available for purposes of homeland security.
(c) One of the assistant directors shall be the state Director of Emergency Management, whose position shall also include the title of Assistant Director of Homeland Security for Emergency Preparedness and Response. Any conflicting provisions in Section 31-9-4 to this section shall be void.
(d) The employees of the department shall represent the diversity of the state and shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(Act 2003-276, p. 658, §7.)
In performing his or her duties under this chapter, the director may perform all of the following duties, under the direction and control of the Governor, and shall be authorized to:
(1) Prepare a comprehensive plan and program for homeland security, such plan and program to be integrated and coordinated with the plans of the federal government and of other states to the fullest possible extent, including plans for the security of critical infrastructure licensed or regulated by agencies of the federal government.
(2) Cooperate with the President and the heads of the armed forces, with the U. S. Department of Homeland Security, and with the officers and agencies of other states in matters pertaining to the security and defense of the state and nation.
(3) Assist in the utilization of the services and facilities of existing officers and agencies of the state and the political subdivisions of the state for homeland security issues.
(4) Assist state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with this chapter and with the orders, rules, and regulations made pursuant to this chapter.
(Act 2003-276, p. 658, §8.)
(a) When the Governor declares a state of emergency as authorized in Section 31-9-8, if the emergency is related to homeland security, the director shall have and may exercise the following additional powers, under the direction and control of the Governor:
(1) Enforce all laws, rules, and regulations relating to homeland security and direct state resource allocations when required; provided, this chapter shall not vest authority to enforce the criminal laws of this state in the Director of Homeland Security, or the deputies or personnel of the department.
(2) Sell, lend, lease, give, transfer, or deliver materials or perform services for homeland security purposes on such terms and conditions as the Governor shall prescribe and without regard to the limitations of any existing law, and account to the State Treasurer for any funds received for such property.
(3) Perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population and achieve the purposes of this chapter.
(4) Assist the Department of Agriculture and Industries and the Department of Public Health to employ such measures as the quarantine of persons, animals, plants, fruits, or food products, as may be reasonably necessary for the purpose of securing compliance with this chapter.
(5) In coordination with the Department of Transportation and Alabama State Law Enforcement Agency, with due consideration to the recommendations of local authorities, formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement over public highways and streets of people, troops, or vehicles, and materials for national defense or for use in any defense industry, and coordinate the activities of the departments or agencies of the state and of the political subdivisions of the state concerned directly or indirectly with public highways and streets, in a manner that will best effectuate such plans.
(b) During the pendency of the emergency and the subsequent recovery period, state employees called upon to respond to the emergency, upon the approval of the director, may claim state per diem, subsection (a) of Section 36-7-20, notwithstanding.
(Act 2003-276, p. 658, §9.)
Whenever the federal government or any agency or officer of the federal government, any other state, or any person, firm, or corporation offers to the state or, through the state, to any political subdivision of the state, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of homeland security, the state, acting through the director, or such political subdivision, acting through its governing body, may accept the offer, and, upon the acceptance, the director or governing body of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or funds on behalf of the state or political subdivision. This provision does not include grants listed in 42 U.S.C. § 5121 through 42 U.S.C. § 5206, the Robert T. Stafford Disaster Relief Act.
(Act 2003-276, p. 658, §10.)
(a) The funds appropriated by the Legislature in the general appropriation act for the support and maintenance of the department shall be expended solely for the purposes designated in the appropriation act and shall be limited to the amounts provided therein and shall be disbursed, in the same manner as all other state funds are disbursed, by warrant of the Comptroller authorized by the director.
(b) The department may coordinate the receipt, distribution, and monitoring of all funds available for homeland security purposes that may be appropriated, or provided by any grant program, to any political subdivision of the state in amounts not to exceed the amounts expended, or to be expended, by the political subdivision for training, planning, education, exercises, personnel, and administrative costs of local homeland security preparedness.
(Act 2003-276, p. 658, §11.)
(a) The Homeland Security Task Force shall consist of the following members:
(1) The Governor, as chairman.
(2) The Director of Homeland Security.
(3) The Director of Emergency Management.
(4) The Adjutant General.
(5) The Attorney General.
(6) The Commissioner of Agriculture and Industries.
(7) The State Health Officer.
(8) The Secretary of the Alabama State Law Enforcement Agency.
(9) The Director of Transportation.
(10) The Director of Finance.
(11) The Director of the Alabama Port Authority.
(12) The State Fire Marshal.
(13) A representative of county governments appointed by the Governor.
(14) A representative of municipal governments appointed by the Speaker of the House of Representatives.
(15) A representative of county law enforcement agencies appointed by the Speaker of the House of Representatives.
(16) A representative of municipal law enforcement agencies appointed by the President Pro Tempore of the Senate.
(17) A representative of paid fire departments appointed by the President Pro Tempore of the Senate.
(18) A representative of volunteer fire departments appointed by the Speaker of the House of Representatives.
(19) A representative of local emergency management agencies appointed by the Speaker of the House of Representatives.
(20) A representative of local emergency communications districts appointed by the Lieutenant Governor.
(21) A representative of the airport authorities located within the state appointed by the Lieutenant Governor.
(22) A representative of the Judicial Branch of Government of Alabama appointed by the Chief Justice of the Alabama Supreme Court.
(23) Other representatives as deemed necessary and appointed by the Governor, and approved by the legislative oversight committee.
(b) The appointments identified in subdivisions (13) through (21), inclusive, of subsection (a) shall be made from a list of three nominees from each of the enumerated groups.
(c) The membership of the Homeland Security Task Force shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(d) The task force shall meet at least twice each year and when convened by the Governor for the purpose of advising the Homeland Security Director on the comprehensive plan and program for homeland security and other matters as determined by majority vote of the task force.
(Act 2003-276, p. 658, §12.)
All functions under this chapter and all other activities relating to homeland security are declared to be governmental functions and protected by the State of Alabama governmental immunity.
(Act 2003-276, p. 658, §13.)
Records and information under this chapter are protected from disclosure by applicable state and federal laws. Further exemptions may specifically be granted by administrative rules promulgated under this chapter.
(Act 2003-276, p. 658, §14.)
AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The Joint Legislative Committee on Homeland Security Oversight is created. The committee shall be composed of three members of the Senate, one appointed by the President of the Senate, one appointed by the President Pro Tempore of the Senate, and one appointed by the Senate Committee on Assignments; and three members of the House of Representatives appointed by the Speaker. Each member shall serve a term on the committee concurrent with the legislative term of the member. Vacancies shall be filled by the original appointing authority. Members shall serve at the pleasure of the appointing authority.
(b) Each member of the committee shall be entitled to regular legislative compensation, per diem, and travel expenses for each day he or she attends a meeting of the committee, which shall be paid out of the funds appropriated to the use of the Legislature, on warrants drawn on the state Comptroller upon requisition signed by the committee’s chair. Members shall not receive additional compensation or per diem when the Legislature is in session.
(c) The committee shall review the operations of the department and shall report thereon annually to the Legislature. The report shall include, but not be limited to, suggestions for legislation.
(d) The department shall report quarterly to the committee the receipt and disbursement of federal funds for homeland security.
(e) The initial meeting of the committee shall jointly be called by the Speaker of the House of Representatives and the President of the Senate. The committee shall organize itself at the first meeting and elect from among its membership a chair and a vice chair. The committee shall hold regular meetings at least quarterly.
(Act 2003-276, p. 658, §15.)
Any person violating any provision of this chapter, or any rule, order, or regulation made pursuant to this chapter, upon conviction thereof, shall be guilty of a Class A misdemeanor.
(Act 2003-276, p. 658, §16.)
(a) For purposes of this chapter, “an individual with medical needs” means an individual who is not qualified to be housed in a mass care shelter and who meets the criteria established in rules of the State Board of Health.
(b) The State Health Department is designated as the lead agency for coordination with other state and local agencies in the development of disaster shelters for those individuals with medical needs.
(Act 2006-599, §1.)
The State Health Department shall adopt rules necessary to implement this chapter, in accordance with Section 22-2-2.
(Act 2006-599, §2.)
(a) All appropriate agencies and community-based service providers, including, but not limited to, home health care providers, hospices, community mental health centers, and related facilities, but not including health care facilities which provide inpatient care to include general and specialized hospitals including ancillary services, skilled nursing facilities, intermediate care facilities, or any assisted living facility, shall provide information on the number of individuals with medical needs and shall assist the State Health Department in the establishment of programs to increase the awareness of medical needs shelters, and in educating clients and sponsors or caregivers about the procedures that may be necessary for their safety during disasters.
(b) State agencies that regulate or contract with providers of services, or both, for persons with disabilities or limitations that make the persons dependent upon the care of others including, but not limited to, home health care providers, hospices, community mental health centers, and related facilities, but not including health care facilities which provide inpatient care to include general and specialized hospitals including ancillary services, skilled nursing facilities, intermediate care facilities, or any assisted living facility, shall include emergency and disaster planning provisions in their certification or regulatory standard, or both, or in the contracts at the time the contracts are initiated or upon renewal. These provisions may include, but shall not be limited to, the following:
(1) The designation of an emergency coordinating officer.
(2) A procedure whereby the primary caregiver at the place where the individual with medical needs resides would be required to contact, prior to or immediately following an emergency or disaster, all persons, on a priority basis, who need assistance and sheltering during evacuations because of physical, mental, or sensory disabilities and whose care is provided under the contract.
(3) A procedure to transport persons who would need assistance and sheltering during evacuations because of physical, mental, or sensory disabilities to the location identified in each plan.
(4) A procedure to dispatch the emergency coordinating officer or other staff members to medical needs shelters in the event any clients are placed in a medical needs shelter.
(5) A procedure for providing the essential services the organization currently provides to clients with medical needs in preparation for and during and following a disaster.
(c) All functions provided by the state and any political subdivision thereof or other agencies of the state or political subdivisions under this chapter are declared to be governmental functions and are subject to the same immunities provided for emergency management activities under Section 31-9-16.
(d) Nothing in this chapter is intended to limit or alter the statutory authority granted to state agencies.
(Act 2006-599, p. 1636, §3.)
When used in this chapter, the following words shall have the following meanings:
(1) COMMISSION. The Alabama First Responder Wireless Commission.
(2) FUND. The First Responder Wireless Commission Fund.
(3) SYSTEM. The statewide wireless communications system established and administered by the Alabama First Responder Wireless Commission.
(Act 2013-330, p. 1155, §1.)
(a) There is created the Alabama First Responder Wireless Commission, which shall be responsible for promoting the efficient use of public resources to ensure that law enforcement, fire and rescue services, and essential public health and emergency support personnel have effective communication services available in emergency situations, and to ensure the rapid restoration of such communication services in the event of disruption caused by natural disaster, terrorist attack, or other public emergency.
(b) The commission shall consist of the following members:
(1) The Governor or his or her designee.
(2) The Director of the Alabama Department of Transportation or his or her designee.
(3) The Secretary of the Alabama State Law Enforcement Agency or his or her designee.
(4) The Director of the Alabama Department of Economic and Community Affairs or his or her designee.
(5) The Director of the Alabama Emergency Management Agency or his or her designee.
(6) The Director of the Alabama Department of Homeland Security or his or her designee.
(7) The Director of the Alabama Department of Corrections or his or her designee.
(8) The Director of the Alabama Department of Finance or his or her designee.
(9) The Director of the Alabama Department of Public Health or his or her designee.
(10) The President of the Alabama Sheriff’s Association or his or her designee.
(11) The President of the Alabama Association of Chiefs of Police or his or her designee.
(12) The President of the Alabama Association of Volunteer Fire Departments or his or her designee.
(13) The Adjutant General of the Alabama National Guard or his or her designee.
(14) The Commissioner of the Alabama Department of Conservation and Natural Resources or his or her designee.
(15) The Administrator of the Alabama Alcoholic Beverage Control Board or his or her designee.
(16) The President of the Alabama Association of Emergency Managers or his or her designee.
(17) The President of the Alabama Association of Fire Chiefs or his or her designee.
(18) The President of the Alabama Chapter of the National Emergency Number Association or his or her designee.
(19) The President of the Association of County Commissions of Alabama or his or her designee.
(20) The President of the Alabama League of Municipalities or his or her designee.
(21) The Tribal Chair of the Poarch Band of Creek Indians or his or her designee.
(22) The President of the Alabama Association of 9-1-1 Districts or his or her designee.
(23) The President of the Alabama Association of Rescue Squads or his or her designee.
(24) The Chairperson of the Alabama Forestry Commission or his or her designee.
(25) The Chairperson of the Federal Communication Commission Region 1 700 Mhz Regional Planning Committee or his or her designee.
(26) The Statewide Interoperability Coordinator for Alabama or his or her designee.
(27) The Alabama State Fire Marshal or his or her designee.
(28) The Director of the Alabama Department of Agriculture and Industries or his or her designee.
(c) The members of the commission shall serve a term of not less than two years.
(d) By October 1, 2013, the Director of the Alabama Department of Homeland Security shall call a meeting of the commission in the City of Montgomery, Alabama, to elect from its membership a chair, vice chair, and other officers as the director deems necessary. The commission shall adopt rules to govern its proceedings but shall meet at least quarterly. A majority of the membership of the commission shall constitute a quorum for all meetings. A written record shall be maintained of all meetings.
(e) Members of the commission shall receive reimbursement for travel expenses when approved by the chair and incurred in the performance of their duties but no other compensation.
(f) The commission may employ or contract for an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly to the commission for the general supervision and execution of the work of the commission. The commission shall fix his or her compensation, with the approval of the Governor, and shall further designate his or her duties and authority.
(g) The commission may employ, on a part-time or full-time basis, such engineers, attorneys, laborers, technicians, or administrative employees and supervisory or professional personnel as may be necessary or advisable to carry out in the most efficient and beneficial manner the purposes and provisions of this chapter. All permanent full-time employees, other than the executive director, shall be subject to the state Merit System.
(Act 2013-330, p. 1155, §2.)
(a) The commission may purchase, lease, acquire, or otherwise implement a statewide wireless communication system to serve first responder users in state and local governments and those private entities that enter into a partnership with the commission. The commission shall have the sole authority over, and bear full responsibility for, the design, engineering, and construction of the system and shall ensure the proper operation and maintenance of all equipment thereto, unless otherwise owned and maintained by other state or local entities. This system should enable interoperability between various wireless communication technologies.
(b) The commission shall establish policies, procedures, and standards and incorporate them into a comprehensive management plan to be used for use and operation of the system.
(c) In order to carry out the duties set forth in this section, the commission may:
(1) Provide system planning with all public safety communication systems.
(2) Assist with the establishment of state and local wireless communications.
(3) Grant authority to local agencies to use the system under terms and conditions established by the commission.
(4) Provide technical support to users.
(5) Seek proposals for services through competitive bid process where required by law and select service providers under procedures provided for by law.
(6) Create a standard user agreement or other documents of agreement as necessary.
(7) Establish the cost of maintenance and operation of the system.
(8) Assess charges to subscribers for access and use of the system.
(9) Enter into mutual aid agreements among federal, state, and local charge subscribers for access and use of the system.
(10) Lease or sublease privately owned ground space as necessary to locate equipment, including towers, to support the system when practicable and feasible.
(11) Contract with a person or business entity to provide subject matter expertise in matters pertaining to the responsibilities of the commission as outlined in this chapter.
(d) The commission may lease or sublease to a private entity space on a tower or ground space under the control and ownership of the commission when practicable and feasible. The cost for such space shall be established by the commission. All monies collected shall be deposited into the fund.
(e) The commission shall be granted access to state owned property, as appropriate for the construction and operation of the system, and may obtain antenna space on any tower owned by the state.
(f) The commission shall ensure that it complies with all state and federal communication requirements when carrying out this chapter.
(g) The commission may adopt rules to carry out this section.
(Act 2013-330, p. 1155, §3.)
(a) There is hereby created in the State Treasury the First Responders Wireless Commission Fund, which shall be used for expenses incurred by the commission in carrying out this chapter. Expenditures shall be administered by the Alabama Department of Homeland Security, with expenditures approved by the commission.
(b) The fund may consist of gifts, federal grants, appropriations from the Legislature, fees and contributions from user agencies that the commission considers necessary to maintain and operate the system, monies collected for lease or sublease under this chapter, and monies from any other sources permitted by law.
(c) Any monies remaining in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain in the First Responders Wireless Commission Fund.
(Act 2013-330, p. 1155, §4.)
Any department represented on the commission may provide personnel and technical support necessary and sufficient to carry out this chapter.
(Act 2013-330, p. 1155, §5.)
It is the intent of the Legislature that all state entities and agencies make available for the purposes of this chapter all publicly owned communication towers, microwave or fiber optic lines, shelters, transmission frequencies, and other related properties and facilities. In addition, any county or municipal government or agency may, at its discretion, make its similar facilities and properties available or those provided by local emergency communication districts.
(Act 2013-330, p. 1155, §6.)
Nothing in this chapter shall be construed or interpreted to provide for the regulation or oversight of commercial mobile radio services or those services provided by local emergency communication districts.
(Act 2013-330, p. 1155, §7.)
This article shall be known as the Alabama “National Guard Educational Assistance Act.”
(Acts 1984, No. 84-288, p. 498, §1.)
AMENDED BY ACT 2026-521, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
The following words used in this article have the following meanings:
(1) ACADEMIC EXCELLENCE BENEFITS. Additional funds for guard members who are enrolled undergraduate students who graduated from high school with a cumulative GPA greater than 3.5 and, while enrolled in an institution of higher education in this state, have maintained a 3.0 collegiate cumulative GPA. These funds may be used for tuition, fees, or ancillary costs.
(2) ACTIVE MEMBER. A member of a federally recognized unit of the Alabama National Guard meeting the minimum requirements for satisfactory membership as defined in the Department of the Army and Department of the Air Force regulations.
(3) ALABAMA NATIONAL GUARD. Federally recognized units of the Alabama National Guard.
(4) ANCILLARY COSTS. Expenses incurred outside of tuition related to educational costs, including textbooks, additional course fees, or other course related costs.
(5) QUALIFYING ACADEMIC PATHWAY. A postsecondary program at an institution of higher education in the state that is one of the following:
a. A program that has been identified as a Pell Grant eligible program for which the student earns credits required for a postsecondary degree at the undergraduate level.
b. A graduate program that is the individual’s first degree sought at that level.
(6) TUITION. The per term cost of instruction and mandatory instructional fees to the public or private postsecondary student not to exceed the median cost of tuition per term, such as quarter or semester, of all public four-year institutions of higher education in this state as reported to the Alabama Commission on Higher Education by state-supported institutions of higher education and appearing on the tuition plus required fees report of the commission, for classes or courses that count towards the individual’s degree or certificate plan as designed and approved by the college or institution attended for the individual’s declared program of study. Differential tuition is not included.
(Acts 1984, No. 84-288, p. 498, §2; Act 2014-179, p. 522, §1; Act 2015-431, p. 1375, §1; Act 2017-349, §1; Act 2023-528, §1.)
AMENDED BY ACT 2026-521, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Subject to the annual appropriation to the Alabama National Guard Educational Assistance Program in the annual Education Trust Fund Appropriation Act, provided the annual appropriations shall not exceed ten million dollars ($10,000,000), the Alabama Commission on Higher Education may pay or reimburse the qualifying tuition for any active member of the Alabama National Guard who is one of the following:
(1) A student dually or concurrently enrolled in high school and an institution of higher education.
(2) A postsecondary student who is enrolled in an institution of higher education.
(3) A postsecondary student who is dually or concurrently enrolled in more than one institution of higher education and is enrolled in a program leading to a qualifying academic pathway, including a short certificate or long certificate, or associate, baccalaureate, masters, or doctorate degree in an accredited institution of higher learning, including a community or technical college within this state.
(b) The payments or reimbursements shall be made timely at the end of each academic quarter or semester for all tuition reimbursements, and shall be made on the basis of certified invoices submitted by the institution to the Alabama Commission on Higher Education, and shall be supported by names of the students receiving the benefits, together with the amounts claimed for each student. The tuition reimbursement authorized under this article may be used for undergraduate or graduate studies. In no event shall payments of the tuition reimbursement under the Alabama National Guard Educational Assistance Program amount to more than 100 percent of qualified tuition and fees. An undergraduate student that qualifies for the Academic Excellence Benefit shall receive an amount equivalent to 100 percent of qualified tuition and fees. Undergraduate students with this benefit may use these funds for tuition and fee reimbursement or ancillary costs. No guard member shall be eligible for tuition reimbursement or academic excellence benefits for more than 12 years after the date of the first tuition payment to him or her under this article. In the event that requests for tuition reimbursements provided for in this article from the institutions for educational benefits in any fiscal year exceed the appropriated amount, then the reimbursements shall be prorated equally among the institutions on a percentage basis of the total invoices received by the Alabama Commission on Higher Education and paid accordingly. The reimbursement shall be made promptly at the end of each academic quarter or semester for all certified invoices.
(Acts 1984, No. 84-288, p. 498, §3; Acts 1985, 2nd Ex. Sess., No. 85-925, p. 211, §1; Act 2015-431, p. 1375, §1; Act 2017-349, §1; Act 2023-528, §1.)
AMENDED BY ACT 2026-521, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
In order to be eligible to receive tuition reimbursement under this article, the member must meet the following minimum requirements:
(1) Be an active member of the Alabama National Guard and must have completed basic training.
(2) The member must be a member in good standing with the Alabama National Guard as prescribed by regulations promulgated by the Department of the Army, Department of the Air Force, and the Military Department of the State of Alabama, at the time of application and during the entire semester or quarter for which benefits are received.
(3) In the event the individual’s service in the Alabama National Guard is terminated or his or her service becomes unsatisfactory while receiving or for four years after receiving the benefits afforded by this program, the benefits will be terminated and repaid by the individual on a pro rata basis. After termination for the above causes, an individual will be ineligible for any further benefits under this article. If for any reason an individual is dismissed from any school for academic or disciplinary reasons, he is ineligible for further benefits from this program. The Alabama Commission on Higher Education shall be the final authority for making such determinations.
(4) The Alabama Commission on Higher Education of the State of Alabama shall be responsible for the promulgation of rules and regulations for the administration and implementation of this article including rules and regulations providing for the selection of persons to receive benefits under this article. The Alabama Commission on Higher Education of the State of Alabama shall be the final authority in determining eligible applicants.
(5) The Adjutant General of the State of Alabama shall serve as an advisor to the Alabama Commission on Higher Education for the purpose of determining the eligibility of members of the Alabama National Guard to receive benefits under this article.
(Acts 1984, No. 84-288, p. 498, §4; Acts 1985, 2nd Ex. Sess., No. 85-925, p. 211; Act 2017-349, §1.)
THIS SECTION WAS REPEALED BY ACT 2026-521, EFFECTIVE OCTOBER 1, 2026.
(a) Beginning October 1, 2016, any member of the Alabama National Guard enrolled in a program leading to a qualifying academic pathway, such as a certificate, or an associate or bachelor’s degree at an accredited public institution of higher education, technical college, or community college within the State of Alabama may apply for a tuition reimbursement benefit as provided for in this section if the applicant under this article meets the following requirements:
(1) The individual is 17 years of age or over.
(2) The individual is a member of the Alabama National Guard in good standing throughout the period or semester for which that individual receives educational benefits as indicated by continued satisfactory participation in the Alabama National Guard as required by all applicable laws and regulations of the Department of the Army, the Department of the Air Force, and the Alabama National Guard, and there is no unfavorable administrative action pending against him or her.
(3) The individual completes a Free Application for Federal Student Aid (FAFSA), except for high school students dually or concurrently enrolled in high school and an institution of higher education.
(4) The individual is enrolled in a credit-bearing course or courses of a qualifying academic pathway at a regionally accredited institution of higher education.
(b) Any member of the Alabama National Guard receiving educational benefits under this section and the educational institutions they attend shall comply with the standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the Higher Education Act and as defined by that educational institution provided the member shall maintain at least a cumulative 2.0 grade point average, or the letter equivalent. Those students who would no longer be eligible to receive Title IV benefits due to a failure to meet SAP standards shall no longer be eligible to receive benefits under this section.
(c) To the extent permitted by law, the benefits provided for under this section shall be applied in a last-dollar manner to maximize all of the guard member’s educational benefits.
(d) No public institution of higher education in this state shall impose a nonresident tuition rate or differential out-of-state resident fee on an Alabama National Guard member in good standing and who meets the requirements of subsection (a).
(e) All requirements under subsections (a) and (b) shall be met as a condition of obtaining any education assistance benefits under this article and continued eligibility for this exemption.
(f) The Alabama Commission on Higher Education shall be responsible for administering the overall policies, guidance, implementation, and proper utilization of the scholarship under this section.
(g) For the purposes of this article, the first undergraduate degree obtained is a baccalaureate degree. Short certificates, long certificates, and associate degrees of qualifying academic pathways may be used to obtain a baccalaureate degree. The tuition reimbursement and academic excellence benefits provided by this article shall only pay for the first baccalaureate degree. The tuition reimbursement and academic excellence benefits for undergraduate students under this article shall be claimed for no more than a total of 120 academic hours or until receipt of the first bachelor’s degree for which the scholarship is used, whichever comes first. The total of 120 academic hours includes no more than a total of 72 academic hours earned at a community college.
(h) A guard member who has already obtained a baccalaureate degree is not eligible to receive tuition reimbursement or academic excellence benefits for coursework leading to a second degree at the same level.
(i) If the benefits were not used by a guard member for a baccalaureate degree, the tuition reimbursement and academic excellence benefits for graduate students under this article shall be claimed for no more than a total of 60 academic hours or until the receipt of the first graduate degree.
(j) A guard member who has already obtained a graduate degree is not eligible to receive tuition reimbursement for coursework leading to a second degree at the same level.
(k) Any member of the Alabama National Guard who fails to remain in good standing or is terminated from further service in the Alabama National Guard shall no longer be eligible for exemption benefits under this section and any benefits received by the member for the term, such as quarter or semester, in which he or she becomes ineligible shall be repaid by the member to the exempting institution. Any exceeding funds of tuition reimbursement and academic excellence benefits repaid to the institution shall be reimbursed to the program.
(l) Any member who is expelled or dismissed by an institution of higher learning that provides scholarship benefits under this section to that member shall no longer be eligible for scholarship benefits under this section and shall repay all benefits received under this section to the institution. Any exceeding funds of tuition reimbursement and academic excellence benefits repaid to the institution shall be reimbursed to the program.
(m) Any member who is disqualified from serving in the Alabama National Guard due solely to medical reasons with a Veterans Administration disability rating of 40 percent or greater shall be exempt from repaying any benefits received under this section.
(n) Any participating member of the Alabama National Guard Educational Assistance Program shall sign a promissory note or similar document with provisions for the collection and repayment of benefits in the event that the member is disqualified or otherwise becomes ineligible to continue to receive benefits pursuant to the section.
(Act 2017-349, §2; §31-10-21.1; renumbered by Act 2018-406, §1(b)(6); Act 2023-528, §1.)
The Alabama Commission on Higher Education and the Adjutant General of the Alabama National Guard shall report to the Legislature by November 1st of each year, the number of new applicants in the new academic year, the years of eligibility remaining for each student, and the costs of the previous year’s expenditures to the program by each category of public institution of higher learning paid.
(Act 2017-349, §3(b).)
[Repealed]
REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.
The following words and terms used in this article shall have the meanings as set forth in this section:
(1) ACTIVE MEMBER. A member of a federally recognized unit of the Alabama National Guard meeting the minimum requirements for satisfactory membership as defined in the regulations of the Department of the United States Army and the Department of the United States Air Force.
(2) ALABAMA NATIONAL GUARD. Federally recognized units of the Alabama National Guard.
(3) DEGREE OBJECTIVE. A series of courses (enrolled hours) which apply toward a specific degree.
(4) TUITION. The total semester, quarter, or classroom hour cost of instruction and fees, excluding late registration fees, academic penalty fees, and electives fees, to the student as periodically published in the catalog of the educational institution, not to exceed the average full-time class load.
(5) TUITION BENEFITS. The difference in the amounts provided for tuition pursuant to the Montgomery G.I. Bill, any other VA Educational Benefits, any student grant or scholarship, Active Duty Tuition Assistance Program and the Alabama National Guard Education Assistance Program, or where no other tuition benefit is available, the full amount of tuition. Title IV Financial Aid application must be filed and Student Aid Report submitted to an institution’s Financial Aid Office prior to the student’s registration.
(Acts 1993, No. 93-652, p. 1126, §1; Acts 1993, 1st Ex. Sess., No. 93-910, p. 207, §1(1).)
[Repealed]
REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.
(a) Any active member of the Alabama National Guard shall be entitled to the tuition benefits provided by this article upon his or her enrollment in a degree or certificate program in any community or technical college that is under the authority of the Alabama Community College System Board of Trustees, or enrollment in pursuit of his or her first undergraduate degree in any public baccalaureate-awarding college or university within the state. Certification and eligibility for the tuition benefits provided by this article shall be determined by the State Education Services Office of the Alabama National Guard which shall promulgate and implement administrative rules and procedures that it deems necessary to carry out and monitor the tuition benefits provided by this article.
(b) Any active member of the Alabama National Guard who enrolls utilizing the tuition benefits provided by this article shall complete the requirements for an undergraduate degree no later than 10 years from the date of initial enrollment or the active member shall be responsible for all costs of any further studies required to attain his or her degree. An active member must currently have and maintain a cumulative 2.0 grade point average, or the letter grade equivalent thereof or better at the end of each term. Failure to do so shall result in the termination of the tuition benefits provided by this article. If a student withdraws, declares academic bankruptcy, or is granted a grade waiver through a forgiveness program, he or she is responsible for paying back that portion of tuition and fees the state paid on his or her behalf.
(c) Each educational institution that enrolls an active member of the Alabama National Guard who is eligible for the tuition benefits provided by this article shall take necessary action to insure that the active member is aware of all benefits that he or she may be entitled to under the Montgomery G.I. Bill, any other federal and state VA educational benefits, any student grant or scholarship, the Active Duty Tuition Assistance Program, and the Alabama National Guard Education Assistance Program. In order to receive the tuition benefits provided by this article, the active member of the Alabama National Guard shall take the necessary steps to utilize all of the above benefits.
(Acts 1993, No. 93-652, p. 1126, §2; Acts 1993, 1st Ex. Sess., No. 93-910, p. 207, §1(2); Act 2017-349, §1.)
[Repealed]
REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.
(a) Beginning October 1, 2016, any member of the Alabama National Guard enrolled in a program leading to a certificate, or an associate or bachelor’s degree at an accredited public institution of higher education, technical college, or community college within the State of Alabama may apply for a tuition reimbursement benefit as provided for in this section if the applicant under this chapter meets the following requirements:
(1) The individual is 17 years of age or over.
(2) The individual is a member of the Alabama National Guard in good standing throughout the period or semester for which that individual receives education benefits as indicated by continued satisfactory participation in the Alabama National Guard as required by all applicable laws and regulations of the Department of the Army, the Department of the Air Force, and the Alabama National Guard, and there is no unfavorable administrative action pending against him or her.
(b) Any member of the Alabama National Guard receiving educational benefits under this section and the educational institutions they attend must comply with the standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the Higher Education Act and as defined by that education institution provided the member must maintain at least a cumulative 2.0 grade point average, or the letter equivalent. Those students who would no longer be eligible to receive Title IV benefits due to a failure to meet SAP standards shall no longer be eligible to receive benefits under this section.
(c) To the extent permitted by law, prior to applying any benefits provided for under this section, institutional certifying officials and financial aid officials shall first apply other federal, state, institutional, and third party scholarships and grants awarded to the member for that academic period for payment of required educational expenses during an academic period, but only for classes or courses that count towards the individual’s degree or certificate plan as designed and approved by the college or institution attended for the individual’s declared program of study.
(d) No public institution of higher education in this state shall impose a nonresident tuition rate or differential out-of-state resident fee on an Alabama National Guard member in good standing and who meets the requirements of subsection (a).
(e) All requirements under subsections (a) and (b) shall be met as a condition of obtaining any education assistance benefits under this chapter and continued eligibility for this exemption.
(f) The Alabama Commission of Higher Education shall be responsible for administering the overall policies, guidance, implementation, and proper utilization of the scholarship under this section.
(g) The tuition scholarship under this chapter shall be claimed for no more than a total of 120 academic hours or until the receipt of the first degree for which the scholarship is used, whichever comes first.
(h) Any member of the Alabama National Guard who fails to remain in good standing or is terminated from further service in the Alabama National Guard shall no longer be eligible for exemption benefits under this section and any benefits received by the member for the period, semester, or term in which he or she becomes ineligible shall be repaid by the member to the exempting institution.
(i) Any member who is expelled or dismissed by an institution of higher learning that provides scholarship benefits under this section to that member shall no longer be eligible for scholarship benefits under this section and shall repay all benefits received under this section to the institution.
(j) Any member who is disqualified from serving in the Alabama National Guard due solely to medical reasons shall be exempt from repaying any benefits received under this section.
(Act 2017-349, §2.)
[Repealed]
REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.
The tuition benefits provided by this article may be terminated for the following reasons:
(1) Failure to satisfactorily complete the Alabama National Guard military obligation.
(2) Failure to maintain a 90 percent attendance at annual training and drill assemblies as required by the Alabama National Guard.
(3) Four unsatisfactory Unit Training Assemblies in a calendar year while enrolled in the tuition benefits program provided by this article.
(Acts 1993, No. 93-652, p. 1126, §3; Acts 1993, 1st Ex. Sess., No. 93-910, p. 207, §1(3); Act 2017-349, §1.)
[Repealed]
REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.
Any active member of the Alabama National Guard who is an out-of-state resident shall qualify for the tuition benefits provided by this article subject to the following limitations and conditions:
(i) The member enrolls in an educational institution within this state.
(ii) The tuition benefits provided to the out-of-state member shall not exceed an amount equivalent to the amount the member would have received if he or she resided in Alabama.
(Acts 1993, No. 93-652, p. 1126, §4; Acts 1993, 1st Ex. Sess., No. 93-910, p. 207, §1(4).)
[Repealed]
REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.
The tuition benefits provided by this article shall begin the fall semester or quarter of 1993.
(Acts 1993, No. 93-652, p. 1126, §6; Acts 1993, 1st Ex. Sess., No. 93-910, p. 207, §1(8).)
[Repealed]
REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.
The Alabama Commission on Higher Education shall serve as fiscal agent. Each institution shall submit to the Alabama Commission on Higher Education a copy of the guard member’s completed application which shall serve as a basis of payment. Neither ACHE nor the public institutions shall pay nor be held responsible for tuition benefits to otherwise eligible students in the Alabama National Guard Education Assistance Program which are in excess of available appropriations. The tuition benefits of this program shall be mandated only to the extent that funds are appropriated by the Legislature for the program.
(Acts 1993, 1st Ex. Sess., No. 93-910, p. 207, §1(7).)
This chapter shall be known, and may be cited as “The National Guard Mutual Assistance Counter-Drug Activities Compact Law.”
(Acts 1996, No. 96-407, p. 510, §1.)
The National Guard Mutual Assistance Counter-Drug Activities Compact is enacted into law and entered with all other jurisdictions mutually adopting the compact in the form substantially as follows:
NATIONAL GUARD MUTUAL ASSISTANCE COUNTER-DRUG ACTIVITIES COMPACT
ARTICLE I
As used in this compact, the following words shall have the following meanings:
DEMAND REDUCTION. Providing available National Guard personnel, equipment, support, and coordination to federal, state, local and civil organizations, institutions, and agencies for the purposes of the prevention of drug abuse and the reduction in the demand for illegal drugs.
DRUG INTERDICTION AND COUNTER-DRUG COMPACT ACTIVITIES. The use of National Guard personnel, while not in federal service, in any law enforcement support compact activities that are intended to reduce the supply or use of illegal drugs in the United States. These compact activities include, but are not limited to the following:
(a) Providing information obtained during either the normal course of military training or operations or during counter-drug compact activities to federal, state, or local law enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of the officials.
(b) Making available any equipment including associated supplies or spare parts, base facilities, or research facilities of the National Guard to any federal, state or local civilian law enforcement official for law enforcement purposes, in accordance with other applicable law or regulation.
(c) Providing available National Guard personnel to train federal, state, or local civilian law enforcement officials in the operation and maintenance of equipment, including equipment made available above, in accordance with other applicable law.
(d) Providing available National Guard personnel to operate and maintain equipment provided to federal, state or local law enforcement officials pursuant to compact activities defined and referred to in this compact.
(e) Operation and maintenance of equipment and facilities of the National Guard or law enforcement agencies used for the purposes of drug interdiction and counter-drug compact activities.
(f) Providing available National Guard personnel operated equipment for the detection, monitoring, and communication of the movement of air, land, and sea traffic, to facilitate communications in connection with law enforcement programs, to provide transportation for civilian law enforcement personnel and to operate bases of operations for civilian law enforcement personnel.
(g) Providing available National Guard personnel, equipment, and support for administrative, interpretive, analytic, or other purposes.
(h) Providing available National Guard personnel and equipment to aid federal, state, and local officials and agencies otherwise involved in the prosecution or incarceration of individuals processed within the criminal justice system who have been arrested for criminal acts involving the use, distribution or transportation of controlled substances as defined in 21 U.S.C. 801 et seq., or in accordance with other laws.
LAW ENFORCEMENT AGENCY. A lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances law.
MUTUAL ASSISTANCE AND SUPPORT AGREEMENT or AGREEMENT. An agreement between the National Guard of this state and one or more law enforcement agencies or between the National Guard of this state and the National Guard of other states, consistent with the purposes of this compact.
OFFICIAL. The appointed, elected, designated, or otherwise duly selected representative of an agency, institution, or organization authorized to conduct those compact activities for which support is requested.
PARTY STATE. A state that has lawfully enacted this or a substantially similar compact.
RESPONDING STATE. The state furnishing assistance, or requested to furnish assistance, in the area of counter-drug activities.
REQUESTING STATE. The state whose Governor requested assistance in the area of counter-drug activities.
STATE. The several states within the borders of the continental United States and the District of Columbia.
ARTICLE II
The purpose of this compact is to provide the following:
Provide for mutual assistance and support among the party states in the utilization of the National Guard in drug interdiction, counter-drug and demand reduction activities.
Permit the National Guard of this state to enter into mutual assistance and support agreements, on the basis of need, with one or more law enforcement agencies operating within this state, for activities within this state, or with a National Guard of other states, whether the activities are within or without this state, in order to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counter-drug activities, and demand reduction.
Permit the National Guard of this state to act as a receiving and a responding state, as defined within this compact, and ensure the prompt and effective delivery of National Guard personnel, assets, and services to agencies or areas that are in need of increased support and presence.
Permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency.
Maximize the effectiveness of the National Guard in those situations which call for its utilization under this compact.
Provide protection for the rights of National Guard personnel when performing duty in other states in counter-drug activities.
Ensure uniformity of state laws in the area of National Guard involvement in interstate counter-drug activities by incorporating uniform laws within the compact.
ARTICLE III
This compact shall enter into force when any two states enact into law this or a substantially similar compact; hereafter, this compact shall become effective as to any other state that enacts this or a substantially similar compact.
This compact shall not prevent the Alabama National Guard from engaging in interstate counter-drug activities with non-party states upon the request of the non-party state.
ARTICLE IV
Upon the request of a Governor of a party state for assistance in the area of drug interdiction, counter-drug and demand reduction activities, the Governor of a responding state shall have authority under this compact to send outside the borders of his or her state and place under the temporary operational control of the appropriate National Guard or other military authorities of the requesting state, for the purposes of providing the requested assistance, all or any part of the National Guard forces of his or her state as he or she may deem necessary, and the exercise of his or her discretion in this regard shall be conclusive.
The Governor of a party state may, within his or her discretion, withhold the National Guard forces of his or her state from use and recall any forces or part or member previously deployed in a requesting state.
The National Guard of this state is authorized to engage in counter-drug compact activities and demand reduction.
Members of the National Guard forces of any party state which are engaged in the performance of duties in the area of drug interdiction, counter-drug, and demand reduction activities, pursuant to orders, shall not be held personally liable for any acts or omissions which occur during the performance of their duty.
ARTICLE V
This compact shall not be construed as a waiver of any benefits, privileges, immunities, or rights otherwise provided to National Guard personnel performing duty pursuant to Title 32, of the United States Code nor shall anything in this compact be construed as a waiver of coverage provided for under the Federal Tort Claims Compact. In the event that National Guard personnel performing counter-drug activities do not receive rights, benefits, privileges, and immunities otherwise provided for National Guard personnel as stated above, the following shall apply:
(1) Members of National Guard forces of any responding state that are engaged in another state in carrying out the purposes of this compact shall have the same powers, duties, rights, privileges, and immunities as members of National Guard forces of the requesting state. The requesting state shall save and hold members of the National Guard forces of responding states harmless from civil liability except as otherwise provided in this compact, for acts or omissions which occur in the performance of their duty while the responding forces are serving the requesting state within the borders of the responding state or are attached to the requesting state for purposes of operational control.
(2) Subject to subdivisions (3), (4), and (5) of this article, all liability that may arise under the laws of the requesting state or the responding states, on account of or in connection with a request for assistance or support, shall be assumed and borne by the requesting state.
(3) Any responding state rendering aid or assistance pursuant to this compact shall be reimbursed by the requesting state for any loss of or damage to or expense incurred in the operation of any equipment answering a request for aid, and for the cost of the materials, transportation, and maintenance of National Guard personnel and equipment incurred in connection with the request, provided that this compact shall not prevent any responding state from assuming the loss, damage, expense, or other cost.
(4) Unless there is a written agreement to the contrary, each party shall provide, in the same amounts and manner as if they were on duty within their state, for pay and allowances of the personnel of its National Guard units while engaged without the state pursuant to this compact and while going to and returning from duty pursuant to this compact.
(5) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of the National Guard forces in case its members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in the event the members sustain injury or are killed while rendering assistance or support pursuant to this compact. The benefits and compensation shall be deemed items of expense reimbursable pursuant to subdivision (3) of this article.
ARTICLE VI
This compact shall not be construed to prevent the Governor of a party state from delegating any of his or her responsibility or authority respecting the National Guard, provided that the delegation is in accordance with law; for purposes of this compact, however, the Governor shall not delegate the power to request assistance from another state.
ARTICLE VII
This compact shall not be construed to authorize any of the following:
(1) Authorize or permit National Guard units or personnel to be placed under the operational control of any person not having the National Guard rank or status required by law for the command in question.
(2) Deprive a properly convened court of jurisdiction over an offense or a defendant merely because the National Guard, while performing duties pursuant to this compact, was utilized in achieving an arrest or indictment.
(3) Authorize the National Guard to directly engage in law enforcement activities. However, the National Guard may indirectly support law enforcement activities conducted by an appropriate law enforcement agency.
ARTICLE VIII
This compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of the United States or any state or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
(Acts 1996, No. 96-407, p. 510, §2.)
As used in this chapter, the following terms shall have the following meanings:
(1) BE CALLED OR ORDERED BY THE GOVERNOR. To be called or ordered into active military service under 32 U.S.C. §502(f) or this title.
(2) EMPLOYEE. Except as provided in Sections 31-12-5, 31-12-6, 31-12-7, and 31-12-8, any person employed by a public or private employer.
(3) FEDERALLY FUNDED DUTY OTHER THAN TRAINING. Any duty performed in an operational role for homeland security in accordance with Title 32 U.S.C. §502(f). This is federally funded duty in addition to or in lieu of the 15 days and one weekend a month federally required training and other training duty.
(4) RESERVE COMPONENT OF THE ARMED FORCES. The United States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, and Alabama National Guard.
(5) SOLDIERS’ AND SAILORS’ RELIEF ACT (SSCRA). The provisions of 50 App. U.S.C. §501 et seq., which protects active military service members from adverse legal action when military service hampers the service member’s ability to meet financial obligations. SSCRA lowers the interest rate to six percent during the term of active duty and prohibits foreclosures and evictions.
(6) STATE ACTIVE DUTY. Any state funded duty performed, other than for training, by an active member of the Alabama National Guard in accordance with this title.
(7) UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994. The provisions of 38 U.S.C. §4301 et seq., which give employees who leave a civilian job to perform military service the right to return to the civilian job held before entering military service with rights to purchase insurance coverage, purchase retirement credit, and seniority.
(Act 2002-430, p. 1123, §1; Act 2021-84, §3.)
(a) Whenever any active member of the Alabama National Guard, or a member of the national guard of another state who is employed in this state, in time of war, armed conflict, or emergency proclaimed by the Governor or by the President of the United States, shall be called or ordered to state active duty or federally funded duty for other than training, the provisions of the federal Servicemembers Civil Relief Act (SCRA) and the federal Uniformed Services Employment and Reemployment Rights Act shall apply, notwithstanding that the duties are performed while on state active duty status. If a period of active service is required for purposes of these federal laws, that same period of state active duty service shall be required for these provisions to apply.
(b) Those active members as defined in subsection (a) called or ordered to active duty for a period of 30 consecutive days or more shall be eligible for military differential pay pursuant to Section 31-12-5 and restoration of annual or sick leave pursuant to Section 31-12-8.
(Act 2002-430, p. 1123, §2; Act 2017-258, §1; Act 2021-84, §3.)
Whenever any active member of the Alabama National Guard or other reserve component of the Armed Forces of the United States is called or ordered to active duty by the Governor to state active duty for an emergency for 30 consecutive days or more or to federally funded duty, other than training, for homeland security, an educational institution in this state in which the member is enrolled shall grant the member a military leave of absence from their education. Individuals on military leave of absence from their educational institution, upon release from military duty, shall be restored to the educational status they had attained prior to their being ordered to military duty without loss of academic credits earned, scholarships or grants awarded, or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees paid or to credit the tuition and fees to the next semester or term after the termination of the educational military leave of absence at the option of the student.
(Act 2002-430, p. 1123, §3.)
This chapter shall not apply to normal National Guard and Reserve weekend drill, annual training, and required schools as described in 32 U.S.C. § 502(a) through (e), inclusive, and other related statutes.
(Act 2002-430, p. 1123, §4.)
In addition to any other benefits provided in this chapter, any state employee or any employee of a public educational entity in this state who is called into active service in any of the Armed Forces of the United States during the war on terrorism which commenced in September 2001, shall receive from his or her employer department or agency compensation in an amount which is equal to the difference between the lower active duty military pay and the higher public salary which he or she would have continued to receive if not called to active service. The amount of compensation required to be paid to an employee called into active service under this section shall be paid for the duration of the active military service, the length of which shall be determined by the Adjutant General of the Alabama National Guard, from the date of activation and shall be paid from funds appropriated to the employer. The provisions of this section shall be construed to provide for such payments retroactive to September 11, 2001, if applicable.
(Act 2002-430, p. 1123, §5.)
The governing body of any local governmental entity in this state may provide for any public employee of the entity who is called into active service in the Armed Forces of the United States during the war on terrorism which commenced in September 2001, to receive from his or her employer compensation in an amount which is equal to the difference between the lower active duty military pay and the higher public employment salary which he or she would have received if not called to active service. The amount of compensation which may be paid under this section to a local public employee called into active service may be paid for a period as determined by the local governing body under rules and regulations for processing claims for and payments of the compensation promulgated and implemented by the local governing body.
(Act 2002-430, p. 1123, §6.)
(a) Any public employee who receives compensation from a public employer as provided by this chapter, while he or she is serving on active duty in the Armed Forces of the United States, may elect to continue with his or her individual or dependent coverage under the health insurance plan of the public employer for the duration of the time he or she receives the compensation. Premiums for dependent coverage shall be deducted from the compensation in the amount in effect at the time for an active employee with dependent coverage.
(b) Any public employee covered under the Employees’ Retirement System or the Teachers’ Retirement System who is serving on active duty in the Armed Forces of the United States during the war on terrorism that commenced in September 2001, as determined by the Adjutant General of the Alabama National Guard, shall be deemed an active and contributing member of the Employees’ Retirement System or Teachers’ Retirement System, with costs to be paid in the same manner and from the same sources as are costs for active and contributing members. Notwithstanding the foregoing, no member shall receive credit in the Employees’ or Teachers’ Retirement System for any service for which the member received credit in his or her system or in any other public retirement system, with the exception of the federal Social Security program.
(Act 2002-430, p. 1123, §7.)
Any public employee covered under Section 31-12-7 who was required to use annual or sick leave as a result of being called to active service in any of the Armed Forces of the United States during the war on terrorism which commenced in September 2001, as determined by the Adjutant General of the Alabama National Guard, shall have their leave restored.
(Act 2002-430, p. 1123, §8.)
This chapter shall not repeal, modify, or otherwise affect existing state law in regard to paid military leave or the provisions of the Retirement Systems of Alabama, except as modified herein with respect to the continuing of membership in the Retirement Systems of Alabama.
(Act 2002-430, p. 1123, §10.)
This chapter shall not repeal, amend, or otherwise modify existing state law pertaining to the purchase of military leave into the Retirement Systems of Alabama except as specifically modified herein.
(Act 2002-430, p. 1123, §11.)
The Legislature recognizes the importance of active military personnel, veterans, and military facilities to the well-being, safety, and economic development of the State of Alabama. The Legislature further recognizes and finds that discharged service members leave the military with documented training and experience that can prepare them for civilian employment; however, this documentation is not always able to result in qualifying them for licenses required for their occupation or providing them with academic credit. By providing for expedited licensure and increased academic credit recognition for a service member’s military training and experience, the state can help promote the employment of veterans.
(Act 2013-350, p. 1255, §1.)
Each of the examining boards, licensing boards, and departments described in Chapters 1 through 43 of Title 34 shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept education, training, or service completed by an individual as a member of the Armed Forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license or certification. Each such board and department shall promulgate rules to implement this section.
(Act 2013-350, p. 1255, §2.)
Each board of a state public educational institution, community college, or technical school shall adopt, by December 31, 2013, a policy requiring each institution under the board’s supervision and management to award educational credits to a student, who is also a veteran, enrolled in the institution for courses that are part of the student’s military training or service and that meet the standards of the American Council on Education or equivalent standards for awarding academic credit if the award of education credit is based upon the institution’s admission standards and its role, scope, and mission. Each board shall adopt necessary rules, regulations, and procedures to implement the provisions of this section, effective beginning with the 2014-2015 academic year and continuing thereafter.
(Act 2013-350, p. 1255, §3.)
(a) Notwithstanding any other statute to the contrary, except as provided in subsection (c), any member of the Armed Forces of the United States shall be left in good standing until, at a minimum, December 31, of the first year following the end of his or her deployment, by the administrative or licensing body with which he or she is licensed or certified, while deployed, if at the time of deployment, the member was in good standing with the branch of the armed services and with the administrative licensing body.
(b) While a licensee or certificate holder is deployed as a member of the Armed Forces of the United States, the license or certificate referenced in subsection (a) shall be renewed without:
(1) The payment of dues or fees;
(2) Obtaining continuing education credits when:
a. Circumstances associated with military duty prevent obtaining training and a waiver request has been submitted to the appropriate administrative body; or
b. The military member performs the licensed or certified occupation as part of his or her military duties as annotated in Defense Department form 214 (DD214); or
(3) Performing any other act typically required for the renewal of the license or certificate.
(c) Notwithstanding subsections (a) and (b), the licensing board, in its discretion, may require that the licensee receive additional credits within the year following the end of the deployment.
(d) Licensees of the Alabama State Bar are regulated by the Alabama Supreme Court and are therefore exempt from this section. The court may provide waivers and exemptions for active duty and deployed military members.
(Act 2013-350, p. 1255, §4.)
Nothing in this chapter shall be construed to infringe on the ability or decision of a public institution of higher education to determine the number of credits accepted by the institution that may be counted toward graduation.
(Act 2013-350, p. 1255, §5.)
This chapter shall be known and may be cited as the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.
(Act 2011-535, p. 888, §1.)
The State of Alabama finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. Because the costs incurred by school districts for the public elementary and secondary education of children who are aliens not lawfully present in the United States can adversely affect the availability of public education resources to students who are United States citizens or are aliens lawfully present in the United States, the State of Alabama determines that there is a compelling need for the State Board of Education to accurately measure and assess the population of students who are aliens not lawfully present in the United States, in order to forecast and plan for any impact that the presence such population may have on publicly funded education in this state. The State of Alabama further finds that certain practices currently allowed in this state impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Alabama. Therefore, the people of the State of Alabama declare that it is a compelling public interest to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The State of Alabama also finds that other measures are necessary to ensure the integrity of various governmental programs and services.
(Act 2011-535, p. 888, §2.)
For the purposes of this chapter, the following words have the following meanings:
(1) ALIEN. Any individual who is not a citizen or national of the United States, as described in 8 U.S.C. § 1101 et seq., and any amendments thereto.
(2) BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit. Business entity shall include, but not be limited to, the following:
a. Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State.
b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state, any business entity that is exempt by law from obtaining such a business license, and any business entity that is operating unlawfully without a business license.
(3) CONTRACTOR. A person, employer, or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration. The term includes, but is not limited to, a general contractor, subcontractor, independent contractor, contract employee, project manager, or a recruiting or staffing entity.
(4) EMPLOYEE. Any person directed, allowed, or permitted to perform labor or service of any kind by an employer. The employees of an independent contractor working for a business entity shall not be regarded as the employees of the business entity, for the purposes of this chapter. This term does not include any inmate in the legal custody of the state, a county, or a municipality.
(5) EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. The term does not include the occupant of a household contracting with another person to perform casual domestic labor within the household.
(6) EMPLOYMENT. The act of employing or state of being employed, engaged, or hired to perform work or service of any kind or character within the State of Alabama, including any job, task, work, labor, personal services, or any other activity for which compensation is provided, expected, or due, including, but not limited to, all activities conducted by a business entity or employer. This term does not include casual domestic labor performed in a household on behalf of the occupant of the household or the relationship between a contractor and the employees of a subcontractor performing work for the contractor.
(7) E-VERIFY. The electronic verification of federal employment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. § 1324a, and operated by the United States Department of Homeland Security, or its successor program.
(8) FEDERAL WORK AUTHORIZATION PROGRAM. Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603 or the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. § 1324a.
(9) ILLEGAL ALIEN. An alien who is not lawfully present in the United States under any federal law, regulation, order, or directive.
(10) KNOWS or KNOWINGLY. A person acts knowingly or with knowledge with respect to either of the following:
a. The person’s conduct or to attendant circumstances when the person is aware of the nature of the person’s conduct or that those circumstances exist.
b. A result of the person’s conduct when the person is reasonably aware that the person’s conduct is likely to cause that result.
(11) LAWFUL PRESENCE or LAWFULLY PRESENT. An individual shall be regarded as an illegal alien only if the individual’s unlawful immigration status has been verified by the federal government pursuant to 8 U.S.C. § 1373(c). No officer of this state or any political subdivision of this state shall attempt to independently make a final determination of an alien’s immigration status. An alien possessing self-identification in any of the following forms is entitled to the presumption that he or she is an alien lawfully present in the United States:
a. A valid, unexpired Alabama driver license.
b. A valid, unexpired Alabama nondriver identification card.
c. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.
d. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, including a valid Uniformed Services Privileges and Identification Card if issued by an entity that requires proof of lawful presence in the United States before issuance.
e. A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.
f. A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States.
(12) POLICY OR PRACTICE. A guiding principle or rule that may be written or adopted through repeated actions or customs.
(13) PROTECTIVE SERVICES PROVIDER. A child protective services worker; adult protective services worker; protective services provider; or provider of services to victims of domestic violence, stalking, sexual assault, or human trafficking that receives federal grants under the Victim of Crime Act, the Violence Against Women Act, or the Family Violence Prevention and Services Act.
(14) PUBLIC EMPLOYER. Every department, agency, or instrumentality of the state or a political subdivision of the state including counties and municipalities.
(15) STATE-FUNDED ENTITY. Any governmental entity of the state or a political subdivision thereof or any other entity that receives any monies from the state or a political subdivision thereof; provided, however, an entity that merely provides a service or a product to any governmental entity of the state or a political subdivision thereof, and receives compensation for the same, shall not be considered a state-funded entity.
(16) SUBCONTRACTOR. A person, business entity, or employer who is awarded a portion of an existing contract by a contractor, regardless of its tier.
(17) UNAUTHORIZED ALIEN. An alien who is not authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3).”
(Act 2011-535, p. 888, §3; Act 2012-491, p. 1410, §1; Act 2025-306, §1; Act 2025-453, §1.)
(a) The Attorney General shall attempt to negotiate the terms of a memorandum of agreement between the State of Alabama and the United States Department of Homeland Security, as provided in 8 U.S.C. Section 1357(g), concerning the enforcement of federal immigration laws, detentions and removals, and related investigations in the State of Alabama by certain state law enforcement officers designated by the Attorney General.
(b) The memorandum of agreement negotiated pursuant to subsection (a) shall be signed on behalf of this state by the Attorney General and the Governor or as otherwise required by the appropriate federal agency.
(c) A report of the results of the attempt of the Attorney General to enter into a memorandum of agreement shall be submitted to the Legislature by March 1, 2012.
(Act 2011-535, p. 888, §4.)
(a) No official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may adopt a policy or practice that limits or restricts the enforcement of federal immigration laws by limiting communication between its officers and federal immigration officials in violation of 8 U.S.C. § 1373 or 8 U.S.C. § 1644, or that restricts its officers in the enforcement of this chapter. If, in the judgment of the Attorney General of Alabama, an official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court in this state, is in violation of this subsection, the Attorney General shall report any violation of this subsection to the Governor and the state Comptroller and that agency or political subdivision shall not be eligible to receive any funds, grants, or appropriations from the State of Alabama until such violation has ceased and the Attorney General has so certified. Any appeal of the determination of the Attorney General as considered in this section shall be first appealed to the circuit court of the respective jurisdiction in which the alleged offending agency resides.
(b) All state officials, agencies, and personnel, including, but not limited to, an officer of a court of this state, shall fully comply with and, to the full extent permitted by law, support the enforcement of federal law prohibiting the entry into, presence, or residence in the United States of aliens in violation of federal immigration law.
(c) Except as provided by federal law, officials or agencies of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state, or local governmental entity for any of the following official purposes:
(1) Determining the eligibility for any public benefit, service, or license provided by any state, local, or other political subdivision of this state.
(2) Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding of this state.
(3) Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644.
(d) A person who is a United States citizen or an alien who is lawfully present in the United States and is a resident of this state may file a petition with the appropriate local district attorney or the Attorney General requesting that he or she bring an action in circuit court to challenge any official or head of an agency of this state or political subdivision thereof, including, but not limited to, an officer of a court in this state, that adopts or implements a policy or practice that is in violation of 8 U.S.C. § 1373 or 8 U.S.C. § 1644. If the district attorney or the Attorney General elects to not bring an action, he or she shall publicly state in writing the justification for such a decision. A district attorney or the Attorney General must either bring an action or publicly state why no action was brought within 90 days of receiving a petition. The petition must be signed under oath and under penalty of perjury, and must allege with specificity any alleged violations. The district attorney or the Attorney General shall give the official or head of an agency, including, but not limited to, an officer of a court of this state, 30 days’ notice of his or her intent to file such an action. If there is a judicial finding that an official or head of an agency, including, but not limited to, an officer of a court in this state, has violated this section, the court shall order that the officer, official, or head of an agency pay a civil penalty of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each day that the policy or practice has remained in effect after the filing of an action pursuant to this section.
(e) A court shall collect the civil penalty prescribed in subsection (d) and remit one half of the civil penalty to the Alabama Department of Homeland Security and the second half shall be remitted to the Alabama State Law Enforcement Agency.
(f) Every person working for the State of Alabama or a political subdivision thereof, including, but not limited to, a law enforcement agency in the State of Alabama or a political subdivision thereof, shall have a duty to report violations of this section of which the person has knowledge. Any person who willfully fails to report any violation of this section when the person knows that this section is being violated shall be guilty of obstructing governmental operations as defined in Section 13A-10-2.
(g) For the purposes of this section, the term official or head of an agency of this state shall not include a law enforcement officer or personnel employed in a jail acting within the line and scope of his or her duty, except for a sheriff, a chief of police, or the head of any law enforcement agency.
(h) For the purposes of this section, any proceedings against an official shall be only in his or her official capacity. For the purposes of this section, the relevant statute of repose for assessing penalties shall be no more than 30 days prior to the initial allegation of the violations of this section.
(i) For the purposes of this section, the term “officer of the court” shall not be interpreted to interfere with the relationship between an attorney and his or her client.
(Act 2011-535, p. 888, §5; Act 2012-491, p. 1410, §1.)
(a) No official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may adopt a policy or practice that limits or restricts the enforcement of this chapter to less than the full extent permitted by this chapter or that in any way limits communication between its officers or officials in furtherance of the enforcement of this chapter. If, in the judgment of the Attorney General of Alabama, an official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, is in violation of this subsection, the Attorney General shall report any violation of this subsection to the Governor and the state Comptroller and that agency or political subdivision shall not be eligible to receive any funds, grants, or appropriations from the State of Alabama until such violation has ceased and the Attorney General has so certified.
(b) All state officials, agencies, and personnel, including, but not limited to, an officer of a court of this state, shall fully comply with and, to the full extent permitted by law, support the enforcement of this chapter.
(c) Except as provided by this chapter, officials or agencies of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state, or local governmental entity for any of the following official purposes:
(1) Determining the eligibility for any public benefit, service, or license provided by any state, local, or other political subdivision of this state.
(2) Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding of this state.
(3) Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644.
(d) A person who is a United States citizen or an alien who is lawfully present in the United States and is a resident of this state may file a petition with the appropriate local district attorney or the Attorney General requesting that he or she bring an action in circuit court to challenge any official or head of an agency of this state or political subdivision thereof, including, but not limited to, an officer of a court in this state, that adopts or implements a policy or practice that limits or restricts the enforcement of this chapter to less than the full extent permitted by this chapter. If the district attorney or the Attorney General elects to not bring an action, he or she shall publicly state in writing the justification for such a decision. A district attorney or the Attorney General must either bring an action or publicly state why no action was brought within 90 days of receiving a petition. The petition must be signed under oath and under penalty of perjury and must allege with specificity any alleged violations. Such person shall have actual knowledge that any official or head of an agency of this state or political subdivision thereof, including, but not limited to, an officer of a court in this state, has adopted or implemented a policy or practice that limits or restricts the enforcement of this chapter to less than the full extent permitted by this chapter. The district attorney or the Attorney General shall give the official or head of an agency, including, but not limited to, an officer of a court in this state, 30 days’ notice of his or her intent to file such an action. If there is a judicial finding that an official or head of an agency, including, but not limited to, an officer of a court in this state, has violated this section, the court shall order that the officer, official, or head of an agency pay a civil penalty of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each day that the policy or practice has remained in effect after the filing of an action pursuant to this section.
(e) A court shall collect the civil penalty prescribed in subsection (d) and remit one half of the civil penalty to the Alabama Department of Homeland Security and the second half shall be remitted to the Alabama State Law Enforcement Agency.
(f) Every person working for the State of Alabama or a political subdivision thereof, including, but not limited to, a law enforcement agency in the State of Alabama or a political subdivision thereof, shall have a duty to report violations of this section of which the person has knowledge. Any person who willfully fails to report any violation of this section when the person knows that this section is being violated shall be guilty of obstructing governmental operations as defined in Section 13A-10-2.
(g) For the purposes of this section, the term official or head of an agency of this state shall not include a law enforcement officer or personnel employed in a jail who is acting within the line and scope of his or her duty, except for a sheriff, a chief of police, or the head of any law enforcement agency.
(h) For the purposes of this section, the term “officer of the court” shall not be interpreted to interfere with the relationship between an attorney and his or her client.
(Act 2011-535, p. 888, §6; Act 2012-491, p. 1410, §1.)
(a) As used in this section, the following terms have the following meanings:
(1) EMERGENCY MEDICAL CONDITION. The same meaning as provided in 42 U.S.C. § 1396b(v)(3).
(2) FEDERAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C. § 1611.
(3) STATE OR LOCAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C. § 1621.
(b) An alien who is not lawfully present in the United States and who is not defined as an alien eligible for public benefits under 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641 shall not receive any state or local public benefits.
(c) Except as otherwise provided in subsection (e) or where exempted by federal law, commencing on September 1, 2011, each agency or political subdivision of the state shall verify with the federal government the lawful presence in the United States of each alien who applies for state or local public benefits, pursuant to 8 U.S.C. §§ 1373(c), 1621, and 1625.
(d) An agency of this state or a county, city, town, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section.
(e) Verification of lawful presence in the United States shall not be required for any of the following:
(1) For primary or secondary school education, and state or local public benefits that are listed in 8 U.S.C. § 1621(b).
(2) For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure.
(3) For short term, noncash, in kind emergency disaster relief.
(4) For public health assistance for immunizations with respect to immunizable diseases, for the Special Supplemental Nutrition Program for Women, Infants, and Children, and for testing and treatment of symptoms of communicable diseases, whether or not such symptoms are caused by a communicable disease.
(5) For programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by federal law or regulation that satisfy all of the following:
a. Deliver in-kind services at the community level, including services through public or private nonprofit agencies.
b. Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the income or resources of the individual recipient.
c. Are necessary for the protection of life or safety.
(6) For prenatal care.
(7) For child protective services and adult protective services and domestic violence services workers.
(f) No official of this state or political subdivision of this state shall attempt to independently make a final determination of whether an alien is lawfully present in the United States. An alien’s lawful presence in the United States shall be verified by the federal government pursuant to 8 U.S.C. § 1373(c).
(g) Any United States citizen applying for state or local public benefits, except those benefits described in subsection (e), shall sign a declaration that he or she is a United States citizen.
(h) Any person who knowingly makes a false, fictitious, or fraudulent statement or representation in a declaration executed pursuant to subsection (g) shall be guilty of perjury in the second degree pursuant to Section 13A-10-102. Each time that a person receives a public benefit based upon such a statement or representation shall constitute a separate violation of Section 13A-10-102.
(i) The verification that an alien seeking state or local public benefits is an alien lawfully present in the United States shall be made through the Systematic Alien Verification for Entitlements (SAVE) program, operated by the United States Department of Homeland Security. If for any reason the verification of an alien’s lawful presence through the SAVE program is delayed or inconclusive, the alien shall be eligible for state or local public benefits in the interim period if the alien signs a declaration that he or she is an alien lawfully present in the United States. The penalties under subsection (h) shall apply to any false, fictitious, or fraudulent statement or representation made in a declaration.
(j) Each state agency or department that administers a program that provides state or local public benefits shall provide an annual report with respect to its compliance with this section to the Government Affairs Committee of the Senate and the Government Operations Committee of the House of Representatives, or any successor committees.
(k) Errors and significant delays resulting from use of the SAVE program shall be reported to the United States Department of Homeland Security and to the Alabama Department of Homeland Security to assist the federal government in ensuring that the application of the SAVE program is not wrongfully denying benefits to aliens lawfully present in the United States.
(l) For the purposes of administering the Alabama Child Health Insurance Program, verification and documentation of lawful presence through any alternative means expressly authorized by federal law shall satisfy the requirements of this section.
(Act 2011-535, p. 888, §7.)
An alien who is not lawfully present in the United States shall not be permitted to enroll in or attend any public postsecondary education institution in this state. For the purposes of this section, a public postsecondary education institution officer may seek federal verification of an alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A public postsecondary education institution officer or official shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States. Except as otherwise provided by law, an alien who is not lawfully present in the United States shall not be eligible for any postsecondary education benefit, including, but not limited to, scholarships, grants, or financial aid.
(Act 2011-535, p. 888, §8; Act 2012-491, p. 1410, §1.)
(a) As a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.
(b) As a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees within the State of Alabama, the business entity or employer shall provide documentation establishing that the business entity or employer is enrolled in the E-Verify program. During the performance of the contract, the business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations.
(c) Any subcontractor on a project paid for by contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama and shall also enroll in the E-Verify program prior to performing any work on the project. Furthermore, during the performance of the contract, the subcontractor shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. This subsection shall only apply to subcontractors performing work on a project subject to the provisions of this section and not to collateral persons or business entities hired by the subcontractor.
(d) A contractor of any tier shall not be liable under this section when such contractor contracts with its direct subcontractor who violates subsection (c) unless it is shown that the contractor knew or should have known that the direct subcontractor was in violation of subsection (c).
(e)(1) Upon a finding by a court of competent jurisdiction of a first violation of subsection (a) by any business entity or employer, including a subcontractor:
a. The business entity or employer shall be deemed in breach of contract and the state, political subdivision thereof, or state-funded entity may terminate the contract after providing notice and an opportunity to be heard.
b. The court shall do all of the following:
Order the business entity or employer to terminate the employment of every unauthorized alien.
Subject the business entity or employer to a three-year probationary period throughout the state. During the probationary period, the business entity or employer shall file quarterly reports with the Department of Labor of each new employee who is hired by the business entity or employer in the state.
Order the business entity or employer to file, subject to the penalty of perjury, a signed, sworn affidavit with the Department of Labor within three days after the order is issued by the court stating that the business entity or employer has terminated the employment of every unauthorized alien and the business entity or employer will not knowingly or intentionally employ an unauthorized alien in this state.
c.1. If the court determines that the business entity or employer has a policy or practice that violates this section, the court shall direct the applicable state, county, or municipal governing bodies to suspend the business licenses or permits of the business entity or employer for a period not to exceed 60 days specific to the location or locations where the unauthorized alien performed work.
(2) Upon a finding by a court of competent jurisdiction of a second violation of subsection (a) by a business entity or employer, including a subcontractor, awarded a contract by the state, any political subdivision thereof, or any state-funded entity that occurs within ten years of a finding by a court of competent jurisdiction of a first violation by the business entity or employer:
a. The business entity or employer shall be deemed in breach of contract and the state, political subdivision thereof, or state-funded entity shall terminate the contract after providing notice and an opportunity to be heard.
b. The court shall do all of the following:
Order the business entity or employer to terminate the employment of every unauthorized alien.
Subject the business entity or employer to a five-year probationary period throughout the state. During the probationary period, the business entity or employer shall file quarterly reports with the Department of Labor of each new employee who is hired by the business entity or employer in the state.
Order the business entity or employer to file, subject to the penalty of perjury, a signed, sworn affidavit with the Department of Labor within three days after the order is issued by the court stating that the business entity or employer has terminated the employment of every unauthorized alien and the business entity or employer will not knowingly or intentionally employ an unauthorized alien in this state.
c.1. If the court determines that the business entity or employer has a policy or practice that violates this section, the court shall direct the applicable state, county, or municipal governing bodies to suspend the business licenses or permits of the business entity or employer for a period not less than 60 days and not to exceed 120 days specific to the location or locations where the unauthorized alien performed work.
d. A finding by a court of competent jurisdiction of a second violation of subsection (a) that does not occur within ten years of a first violation shall still be considered a second violation of subsection (a) by the business entity or employer, even though the penalty for the second violation shall be governed by subdivision (1).
(3) Upon a finding by a court of competent jurisdiction of a third violation of subsection (a) by a business entity or employer, including a subcontractor, awarded a contract by the state, any political subdivision thereof, or any state-funded entity:
a. The business entity or employer shall be deemed in breach of contract and the state, political subdivision thereof, or state-funded entity shall terminate the contract after providing notice and an opportunity to be heard.
b. The court shall direct the applicable state, county, or municipal governing bodies to permanently revoke all business licenses or permits of the business entity or employer.
(f)(1) This section shall not be construed to deny any procedural mechanisms or legal defenses included in the E-Verify program or any other federal work authorization program.
(2) A business entity or employer that has enrolled in the E-Verify program and has used the program to verify the work authorization of an employee shall not be liable under this section for violations resulting from the hiring of that employee.
(g) The Secretary of State may adopt rules to administer this section and shall report any rules adopted to the Legislature.
(h) Compliance with this section may be verified by the contracting authority or any state or local law enforcement agency at any time to ensure a contractual agreement as provided for in this section is being met.
(i) Anything to the contrary notwithstanding, this section shall not apply to agreements by the state, any political subdivision thereof, or any state-funded entity relating to debt obligations by such entities.
(j) Any business entity or employer found in violation of this section that has had their business license or permit suspended shall not, for the duration of the suspension, be allowed, directly or indirectly, to procure or execute a license or permit similar to those that have been suspended.
(k) All contracts or agreements to which the state, a political subdivision, or state-funded entity are a party shall include the following clause: “By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”
(l) For purposes of this section, “contract” shall mean a contract awarded by the state, any political subdivision thereof, or any state-funded entity that was competitively bid or would, if entered into by the state or an agency thereof, be required to be submitted to the Contract Review Permanent Legislative Oversight Committee.
(m) All actions brought under this section shall be brought in circuit court.
(Act 2011-535, p. 888, §9; Act 2012-491, p. 1410, §1.)
(a) In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or 8 U.S.C. § 1306(a), and the person is an alien unlawfully present in the United States.
(b) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A law enforcement officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.
(c) A law enforcement official or agency of this state or a county, city, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution and the Constitution of Alabama of 1901.
(d) This section does not apply to a person who maintains authorization from the federal government to be present in the United States.
(e) Any record that relates to the immigration status of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien’s immigration status received from the federal government pursuant to 8 U.S.C. § 1373(c) shall constitute proof of that alien’s status. A court of this state shall consider only the federal government’s verification in determining whether an alien is lawfully present in the United States.
(f) An alien unlawfully present in the United States who is in violation of this section shall be guilty of a Class C misdemeanor and subject to a fine of not more than one hundred dollars ($100) and not more than 30 days in jail.
(g) A court shall collect the assessments prescribed in subsection (f) and remit 50 percent of the assessments to the general fund of the local government where the person was apprehended to be earmarked for law enforcement purposes, 25 percent of the assessments to the Alabama Department of Homeland Security, and 25 percent of the assessments to the Alabama State Law Enforcement Agency.
(Act 2011-535, p. 888, §10.)
(a) It is unlawful for a person who is an unauthorized alien to knowingly apply for work, solicit work in a public or private place, or perform work as an employee or independent contractor in this state.
(b) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A law enforcement officer shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States.
(c) A law enforcement official or agency of this state or a county, city, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution and the Constitution of Alabama of 1901.
(d) This section does not apply to a person who maintains authorization from the federal government to be employed in the United States.
(e) Any record that relates to the employment authorization of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien’s immigration status received from the federal government pursuant to 8 U.S.C. § 1373(c) shall constitute proof of that alien’s status. A court of this state shall consider only the federal government’s verification in determining whether a person is an unauthorized alien.
(f) It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway, or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.
(g) It is unlawful for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.
(h) A person who is in violation of this section shall be guilty of a Class C misdemeanor and subject to a fine of not more than five hundred dollars ($500).
(i) A court shall collect the assessments prescribed in subsection (h) and remit 50 percent of the assessments to the general fund of the local government where the person was apprehended to be earmarked for law enforcement purposes, 25 percent of the assessments to the Alabama Department of Homeland Security, and 25 percent of the assessments to the Alabama State Law Enforcement Agency.
(j) The terms of this section shall be interpreted consistently with 8 U.S.C. § 1324a and any applicable federal rules and regulations.
(Act 2011-535, p. 888, §11.)
(a) Upon any lawful stop, detention, or arrest made by a state, county, or municipal law enforcement officer of this state in the enforcement of any state law or ordinance of any political subdivision thereof, where reasonable suspicion exists that the individual is an illegal alien, a reasonable attempt shall be made, when practicable, to determine the citizenship and immigration status of the individual, except if the determination may hinder or obstruct an investigation. The determination shall be made by contacting the federal government pursuant to 8 U.S.C. § 1373(c) and relying upon any verification provided by the federal government.
(b) Any alien who is arrested and booked into custody shall be subject to Section 31-13-18.
(c) A law enforcement officer shall not attempt to independently make a final determination of whether an individual is an illegal alien. A law enforcement officer may not consider race, color, or national origin in implementing the requirements of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 2022.
(d) An individual is presumed to not be an illegal alien if the individual provides to the law enforcement officer any of the following:
(1) A valid, unexpired Alabama driver license.
(2) A valid, unexpired Alabama nondriver identification card.
(3) A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.
(4) Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.
(5) A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.
(6) A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States.
(e) If an individual is determined by the federal government to be an illegal alien pursuant to 8 U.S.C. § 1373(c), the law enforcement agency shall cooperate in the transfer of the individual to the custody of the federal government if the federal government so requests.
(Act 2011-535, p. 888, §12; Act 2025-453, §1.)
THIS SECTION WAS REPEALED BY ACT 2025-453, EFFECTIVE OCTOBER 1, 2025.
(Act 2011-535, p. 888, §13; Act 2012-491, p. 1410, §1; Act 2025-453, §3.)
(a) A person commits the crime of human smuggling if he or she knowingly transports into this state another individual who he or she knows is an illegal alien.
(b) Human smuggling is a Class C felony.
(c) It shall not be a violation of this section for an attorney to transport a client to or from a federal immigration facility or other federal, state, or local government facility.
(d) It shall not be a violation of this section to do any of the following:
(1) For any educator or other employee of an educational entity to transport a student as part of an official educational excursion.
(2) For any health care provider to transport or treat a patient.
(3) For any person to transport an individual for noncommercial religious or charitable purposes.
(4) For any person to transport an individual to or from a location for governmental purposes.
(Act 2025-453, §2.)
(a) A person commits the crime of dealing in false identification documents if he or she knowingly reproduces, manufactures, sells, or offers for sale any identification document which does both of the following:
(1) Simulates, purports to be, or is designed so as to cause others reasonably to believe it to be an identification document.
(2) Bears a fictitious name or other false information.
(b) A person commits the crime of vital records identity fraud related to birth, death, marriage, and divorce certificates if he or she does any of the following:
(1) Supplies false information intending that the information be used to obtain a certified copy of a vital record.
(2) Makes, counterfeits, alters, amends, or mutilates any certified copy of a vital record without lawful authority and with the intent to deceive.
(3) Obtains, possesses, uses, sells, or furnishes, or attempts to obtain, possess, or furnish to another a certified copy of a vital record, with the intent to deceive.
(c)(1) Dealing in false identification documents is a Class C felony.
(2) Vital records identity fraud is a Class C felony.
(d) This section shall not apply to any of the following:
(1) A person less than 21 years of age who uses the identification document of another person to acquire an alcoholic beverage.
(2) A person less than 19 years of age who uses the identification documents of another person to acquire any of the following:
a. Cigarettes or tobacco products.
b. A periodical, videotape, or other communication medium that contains or depicts nudity.
c. Admittance to a performance, live or film, that prohibits the attendance of the person based on age.
d. An item that is prohibited by law for use or consumption by such person.
(e) As used in this section, identification document means any card, certificate, or document or banking instrument, including, but not limited to, a credit or debit card, which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers’ licenses, nondriver identification cards, certified copies of birth, death, marriage, and divorce certificates, Social Security cards, and employee identification cards.
(f) Any person convicted of dealing in false identification documents as defined in this section shall be fined up to one thousand dollars ($1,000) for every card or document he or she creates or possesses and be subject to any and all other state laws that may apply. A court shall collect the fines prescribed by this subsection and shall remit 50 percent of the fines to the general fund of the local government that apprehended the person to be earmarked for law enforcement purposes, 25 percent of the fines to the Alabama Department of Homeland Security, and 25 percent of the fines to the Alabama State Law Enforcement Agency.
(Act 2011-535, p. 888, §14.)
(a) No business entity, employer, or public employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama. Knowingly employ, hire for employment, or continue to employ an unauthorized alien means the actions described in 8 U.S.C. § 1324a.
(b) Effective April 1, 2012, every business entity or employer in this state shall enroll in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify, shall verify the employment eligibility of the employee through E-Verify. A business entity or employer that uses E-Verify to verify the work authorization of an employee shall not be deemed to have violated this section with respect to the employment of that employee.
(c) On a finding of a first violation by a court of competent jurisdiction that a business entity or employer knowingly violated subsection (a), the court shall do all of the following:
(1) Order the business entity or employer to terminate the employment of every unauthorized alien.
(2) Subject the business entity or employer to a three-year probationary period throughout the state. During the probationary period, the business entity or employer shall file quarterly reports with the local district attorney of each new employee who is hired by the business entity or employer in the state.
(3) Order the business entity or employer to file a signed, sworn affidavit with the local district attorney within three days after the order is issued by the court stating that the business entity or employer has terminated the employment of every unauthorized alien and the business entity or employer will not knowingly or intentionally employ an unauthorized alien in this state.
(4) Direct the applicable state, county, or municipal governing bodies to suspend the business licenses and permits, if such exist, of the business entity or employer for a period not to exceed 10 business days specific to the business location where the unauthorized alien performed work.
(d)(1) Before a business license or permit that has been suspended under subsection (c) is reinstated, a legal representative of the business entity or employer shall submit to the court a signed, sworn affidavit stating that the business entity or employer is in compliance with the provisions of this chapter and a copy of the memorandum of understanding issued to the business entity or employer at the time of enrollment in E-Verify.
(2) The suspension of a business license or permit under subsection (c) shall terminate one business day after a legal representative of the business entity or employer submits a signed, sworn affidavit stating that the business entity or employer is in compliance with the provisions of this chapter to the court.
(e) For a second violation of subsection (a) by a business entity or employer, the court shall direct the applicable state, county, or municipal governing body to permanently revoke all business licenses and permits, if such exist, held by the business entity or employer specific to the business location where the unauthorized alien performed work. On receipt of the order, and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses and permits held by the business entity or employer.
(f) For a subsequent violation of subsection (a), the court shall direct the applicable governing bodies to forever suspend the business licenses and permits, if such exist, of the business entity or employer throughout the state.
(g) This section shall not be construed to deny any procedural mechanisms or legal defenses included in the E-Verify program or any other federal work authorization program. A person or entity that establishes that it has complied in good faith with the requirements of 8 U.S.C. § 1324a(b) establishes an affirmative defense that the business entity or employer did not knowingly hire or employ an unauthorized alien.
(h) In proceedings of the court, the determination of whether an employee is an unauthorized alien shall be made by the federal government, pursuant to 8 U.S.C. § 1373(c). The court shall consider only the federal government’s determination when deciding whether an employee is an unauthorized alien. The court may take judicial notice of any verification of an individual’s immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.
(i) Any business entity or employer that terminates an employee to comply with this section shall not be liable for any claims made against the business entity or employer by the terminated employee, provided that such termination is made without regard to the race, ethnicity, or national origin of the employee and that such termination is consistent with the anti-discrimination laws of this state and of the United States.
(j) If any agency of the state or any political subdivision thereof fails to suspend the business licenses or permits, if such exist, as a result of a violation of this section, the agency shall be deemed to have violated subsection (a) of Section 31-13-5 and shall be subject to the penalties thereunder.
(k) In addition to the district attorneys of this state, the Attorney General shall also have authority to bring a civil complaint in any court of competent jurisdiction to enforce the requirements of this section.
(1) Any resident of this state may petition the Attorney General to bring an enforcement action against a specific business entity or employer by means of a written, signed petition. A valid petition shall include an allegation that describes the alleged violator or violators, as well as the action constituting the violation, and the date and location where the action occurred.
(2) A petition that alleges a violation on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be acted upon.
(3) The Attorney General shall respond to any petition under this subsection within 60 days of receiving the petition, either by filing a civil complaint in a court of competent jurisdiction or by informing the petitioner in writing that the Attorney General has determined that filing a civil complaint is not warranted.
(l) This section does not apply to the relationship between a party and the employees of an independent contractor performing work for the party and does not apply to casual domestic labor performed within a household.
(m) It is an affirmative defense to a violation of subsection (a) of this section that a business entity or employer was entrapped.
(1) To claim entrapment, the business entity or employer must admit by testimony or other evidence the substantial elements of the violation.
(2) A business entity or employer who asserts an entrapment defense has the burden of proving by clear and convincing evidence the following:
a. The idea of committing the violation started with law enforcement officers or their agents rather than with the business entity or employer.
b. The law enforcement officers or their agents urged and induced the business entity or employer to commit the violation.
c. The business entity or employer was not already predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.
(n) In addition to actions taken by the state or political subdivisions thereof, the Attorney General or the district attorney of the relevant county may bring an action to enforce the requirements of this section in any county district court of this state wherein the business entity or employer does business.
(o) The terms of this section shall be interpreted consistently with 8 U.S.C. § 1324a and any applicable federal rules and regulations.
(Act 2011-535, p. 888, §15.)
(a) No wage, compensation, whether in money or in kind or in services, or remuneration of any kind for the performance of services paid to an unauthorized alien shall be allowed as a deductible business expense for any state income or business tax purposes in this state. This subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.
(b) Any business entity or employer who knowingly fails to comply with the requirements of this section shall be liable for a penalty equal to 10 times the business expense deduction claimed in violation of subsection (a). The penalty provided in this subsection shall be payable to the Alabama Department of Revenue.
(Act 2011-535, p. 888, §16.)
(a) It shall be a discriminatory practice for a business entity or employer to fail to hire a job applicant who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) or discharge an employee working in Alabama who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) while retaining or hiring an employee who the business entity or employer knows, or reasonably should have known, is an unauthorized alien.
(b) A violation of subsection (a) may be the basis of a civil action in the state courts of this state. Any recovery under this subsection shall be limited to compensatory relief and shall not include any civil or criminal sanctions against the employer.
(c) The losing party in any civil action shall pay the court costs and reasonable attorneys fees for the prevailing party; however, the losing party shall only pay the attorneys fees of the prevailing party up to the amount paid by the losing party for his or her own attorneys fees.
(d) The amount of the attorneys fees spent by each party shall be reported to the court before the verdict is rendered.
(e) In proceedings of the court, the determination of whether an employee is an unauthorized alien shall be made by the federal government, pursuant to 8 U.S.C. § 1373(c). The court shall consider only the federal government’s determination when deciding whether an employee is an unauthorized alien. The court may take judicial notice of any verification of an individual’s immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.
(Act 2011-535, p. 888, §17.)
(a) When an individual is confined for any period in a state, county, or municipal jail, the administrator of the facility, or his or her designee, shall make a reasonable effort to determine if the individual is an illegal alien by an inquiry of the individual, by examination of any relevant documents, or both, if the individual is charged with any of the following:
(1) A felony under Article 1, 3, 4, 4A, 4B, 8, or 12 of Chapter 6 of Title 13A.
(2) A felony or Class A misdemeanor under Article 2, 7, or 9 of Chapter 6 of Title 13A or Chapter 15 of Title 26.
(3) A violation of Sections 13A-12-211, 13A-12-212, 13A-12-217, or 13A-12-218.
(b) If a verification inquiry is unable to determine whether the individual is an illegal alien, the administrator of the facility, or his or her designee, holding the individual shall make a query to the Immigration and Customs Enforcement of the United States Department of Homeland Security.
(c) When the administrator in charge of the facility, or his or her designee, has been notified that Immigration and Customs Enforcement of the United States Department of Homeland Security has issued a detainer and administrative warrant that reasonably appears to be for the individual in custody, the administrator in charge of the facility, or his or her designee, shall hold the individual in custody until the first of the following conditions occurs:
(1) The passage of 48 hours from receipt of the detainer and administrative warrant by the administrator in charge of the facility, or his or her designee.
(2) Immigration and Customs Enforcement of the United States Department of Homeland Security takes custody of the individual.
(3) The detainer is rescinded by Immigration and Customs Enforcement of the United States Department of Homeland Security.
(d) No state or local law enforcement agency, employee of a state or local law enforcement agency, jail administrator, or state or local law enforcement officer shall be subject to criminal or civil liability for action taken pursuant to subsection (c).
(e) Except as provided in subsection (c), nothing in this section shall be construed to deny bond to an individual or prevent an individual from being released from confinement when that individual is otherwise eligible for release.
(Act 2011-535, p. 888, §19; Act 2025-453, §1.)
If an alien who is unlawfully present in the United States is convicted of a violation of state or local law and is within 30 days of release, the agency legally responsible for his or her custody at that time shall notify the United States Bureau of Immigration and Customs Enforcement and the Alabama Department of Homeland Security, pursuant to 8 U.S.C. § 1373. The Alabama Department of Homeland Security shall assist in the coordination of the transfer of the prisoner to the appropriate federal immigration authorities; however, the agency legally responsible for his or her custody at that time shall maintain custody during any transfer of the individual.
(Act 2011-535, p. 888, §20; Act 2012-491, p. 1410, §1.)
If a person is an alien who is unlawfully present in the United States and is a victim of a criminal act, is the child of a victim of a criminal act, is a biological parent or legal guardian of a victim of a criminal act who is a minor, is a critical witness in any prosecution, is the biological parent or legal guardian of a critical witness in any prosecution who is a minor, or is the child of a critical witness in any prosecution of a state or federal crime, all provisions of this chapter shall be stayed until all of the related legal proceedings are concluded. However, the relevant state, county, or local law enforcement agency shall comply with any request by federal immigration officers to take custody of the person.
(Act 2011-535, p. 888, §21; Act 2012-491, p. 1410, §1.)
(a) Notwithstanding Section 31-9A-9, the Alabama Department of Homeland Security may hire, appoint, and maintain APOST certified state law enforcement officers. Such officers shall receive the same rights and benefits as those prescribed to officers of the Alabama State Law Enforcement Agency, except for the purposes of retirement. The officers shall have the same retirement benefits as a law enforcement officer as defined under Section 36-27-59.
(b) Unless a violation of state law occurs in their presence, officers authorized under this section shall not engage in routine law enforcement activity, except for those investigative and analytical duties necessary to carry out the enforcement of this chapter and to fulfill the mission of the Alabama Department of Homeland Security or those duties necessary to provide assistance to other law enforcement agencies.
(c) The Director of the Alabama Department of Homeland Security shall have the authority to promulgate rules for the enforcement of this chapter.
(Act 2011-535, p. 888, §22.)
The Alabama Department of Homeland Security shall have the authority to coordinate with state and local law enforcement the practice and methods required to enforce this chapter in cooperation with federal immigration authorities and consistent with federal immigration laws.
(Act 2011-535, p. 888, §23.)
(a) The Alabama Department of Homeland Security shall file an annual report to the Legislature on the progress being made regarding the enforcement of this chapter and the status of the progress being made in the effort to reduce the number of illegal aliens in the State of Alabama. The report shall include, but is not limited to, the statistics and results from the enforcement of the sections of this chapter, and suggestions on what can be done including additional legislation to further assist the federal government in its efforts to apprehend illegal aliens in the State of Alabama. This report shall also be made available to the public and shall be announced through a press release from the Attorney General’s office.
(b) The Alabama Department of Homeland Security shall create a mechanism for receiving tips from the general public regarding possible violations of this chapter, including the unlawful enforcement of this chapter.
(Act 2011-535, p. 888, §24; Act 2012-491, p. 1410, §1.)
(a) A solicitation to violate any criminal provision of this chapter, an attempt to violate any criminal provision of this chapter, or a conspiracy to violate any criminal provision of this chapter shall have the same penalty as a violation of this chapter.
(b) For the purposes of this section, solicitation shall have the same principles of liability and defenses as criminal solicitation under subsections (b) through (e) of Section 13A-4-1 and Section 13A-4-5.
(c) For the purposes of this section, attempt shall have the same principles of liability and defenses as attempt under subsections (b) and (c) of Section 13A-4-2 and Section 13A-4-5.
(d) For the purposes of this section, conspiracy shall have the same principles of liability and defenses as criminal conspiracy under subsections (b) through (f) of Section 13A-4-3 and Sections 13A-4-4 and 13A-4-5.
(Act 2011-535, p. 888, §25.)
(a)(1) The Alabama Department of Homeland Security shall establish and maintain an E-Verify employer agent service for any business entity or employer in this state with 25 or fewer employees to use the E-Verify program to verify an employee’s employment eligibility on behalf of the business entity or employer. The Alabama Department of Homeland Security shall establish an E-Verify employer agent account with the United States Department of Homeland Security, shall enroll a participating business entity or employer in the E-Verify program on its behalf, and shall conform to all federal statutes and regulations governing E-Verify employer agents. The Alabama Department of Homeland Security shall not charge a fee to a participating business entity or employer for this service.
(2) The Alabama Department of Homeland Security E-Verify employer agent service shall be in place by November 30, 2011. The service shall accommodate a business entity or employer who wishes to communicate with the Alabama Department of Homeland Security by Internet, by electronic mail, by facsimile machine, by telephone, or in person, provided that such communication is consistent with federal statutes and regulations governing E-Verify employer agents.
(b) On or after January 1, 2012, before receiving any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity, a business entity or employer shall provide proof to the state, political subdivision thereof, or state-funded entity that the business entity or employer is enrolled and is participating in the E-Verify program, either independently or through the Alabama Department of Homeland Security E-Verify employer agent service.
(c) Every three months, the Alabama Department of Homeland Security shall request from the United States Department of Homeland Security a list of every business entity or employer in this state that is enrolled in the E-Verify program. On receipt of the list, the Alabama Department of Homeland Security shall make the list available on its website.
(d) A business entity or employer that is enrolled in the E-Verify program and that verifies the employment eligibility of an employee in good faith pursuant to this section, and acts in conformity with all applicable federal statutes and regulations is immune from liability under Alabama law for any action by an employee for wrongful discharge or retaliation based on a notification from the E-Verify program that the employee is an unauthorized alien.
(Act 2011-535, p. 888, §26.)
(a) No court of this state shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States, if the party had direct or constructive knowledge that the alien was unlawfully present in the United States at the time the contract was entered into, and the performance of the contract required the alien to remain unlawfully present in the United States for more than 24 hours after the time the contract was entered into or performance could not reasonably be expected to occur without such remaining.
(b) This section shall not apply to a contract for lodging for one night, a contract for the purchase of food to be consumed by the alien, a contract for medical services, or a contract for transportation of the alien that is intended to facilitate the alien’s return to his or her country of origin.
(c) This section shall not apply to a contract authorized by federal law, to a contract entered into prior to May 18, 2012, or to a contract for the appointment or retention of legal counsel in legal matters.
(d) In proceedings of the court, the determination of whether an alien is unlawfully present in the United States shall be made by the federal government, pursuant to 8 U.S.C. § 1373(c). The court shall consider only the federal government’s determination when deciding whether an alien is unlawfully present in the United States. The court may take judicial notice of any verification of an individual’s immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.
(Act 2011-535, p. 888, §27; Act 2012-491, p. 1410, §1.)
(a)(1) Every public elementary and secondary school in this state, at the time of enrollment in kindergarten or any grade in such school, shall determine whether the student enrolling in public school was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States and qualifies for assignment to an English as Second Language class or other remedial program.
(2) The public school, when making the determination required by subdivision (1), shall rely upon presentation of the student’s original birth certificate, or a certified copy thereof.
(3) If, upon review of the student’s birth certificate, it is determined that the student was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States, or where such certificate is not available for any reason, the parent, guardian, or legal custodian of the student shall notify the school within 30 days of the date of the student’s enrollment of the actual citizenship or immigration status of the student under federal law.
(4) Notification shall consist of both of the following:
a. The presentation for inspection, to a school official designated for such purpose by the school district in which the child is enrolled, of official documentation establishing the citizenship and, in the case of an alien, the immigration status of the student, or alternatively by submission of a notarized copy of such documentation to such official.
b. Attestation by the parent, guardian, or legal custodian, under penalty of perjury, that the document states the true identity of the child. If the student or his or her parent, guardian, or legal representative possesses no such documentation but nevertheless maintains that the student is either a United States citizen or an alien lawfully present in the United States, the parent, guardian, or legal representative of the student may sign a declaration so stating, under penalty of perjury.
(5) If no such documentation or declaration is presented, the school official shall presume for the purposes of reporting under this section that the student is an alien unlawfully present in the United States.
(b) Each school district in this state shall collect and compile data as required by this section.
(c) Each school district shall submit to the State Board of Education an annual report listing all data obtained pursuant to this section.
(d)(1) The State Board of Education shall compile and submit an annual public report to the Legislature.
(2) The report shall provide data, aggregated by public school, regarding the numbers of United States citizens, of lawfully present aliens by immigration classification, and of aliens believed to be unlawfully present in the United States enrolled at all primary and secondary public schools in this state. The report shall also provide the number of students in each category participating in English as a Second Language Programs enrolled at such schools.
(3) The report shall analyze and identify the effects upon the standard or quality of education provided to students who are citizens of the United States residing in Alabama that may have occurred, or are expected to occur in the future, as a consequence of the enrollment of students who are aliens not lawfully present in the United States.
(4) The report shall analyze and itemize the fiscal costs to the state and political subdivisions thereof of providing educational instruction, computers, textbooks and other supplies, free or discounted school meals, and extracurricular activities to students who are aliens not lawfully present in the United States.
(5) The State Board of Education shall prepare and issue objective baseline criteria for identifying and assessing the other educational impacts on the quality of education provided to students who are citizens of the United States, due to the enrollment of aliens who are not lawfully present in the United States, in addition to the statistical data on citizenship and immigration status and English as a Second Language enrollment required by this chapter. The State Board of Education may contract with reputable scholars and research institutions to identify and validate such criteria. The State Board of Education shall assess such educational impacts and include such assessments in its reports to the Legislature.
(e) Public disclosure by any person of information obtained pursuant to this section which personally identifies any student shall be unlawful, except for purposes permitted pursuant to 8 U.S.C. §§ 1373 and 1644. Any person intending to make a public disclosure of information that is classified as confidential under this section, on the ground that such disclosure constitutes a use permitted by federal law, shall first apply to the Attorney General and receive a waiver of confidentiality from the requirements of this subsection.
(f) A student whose personal identity has been negligently or intentionally disclosed in violation of this section shall be deemed to have suffered an invasion of the student’s right to privacy. The student shall have a civil remedy for such violation against the agency or person that has made the unauthorized disclosure.
(g) The State Board of Education shall construe all provisions of this section in conformity with federal law.
(h) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(Act 2011-535, p. 888, §28.)
(a) Applications for voter registration shall contain voter eligibility requirements and such information as is necessary to prevent duplicative voter registrations and enable the county board of registrars to assess the eligibility of the applicant and to administer voter registration, identify the applicant and to determine the qualifications of the applicant as an elector and the facts authorizing such person to be registered. Applications shall contain a statement that the applicant shall be required to provide qualifying identification when voting.
(b) The Secretary of State shall create a process for the county board of registrars to check to indicate whether an applicant has provided with the application the information necessary to assess the eligibility of the applicant, including the applicant’s United States citizenship. This section shall be interpreted and applied in accordance with federal law. No eligible applicant whose qualifications have been assessed shall be denied registration.
(c) The county board of registrars shall accept any completed application for registration, but an applicant shall not be registered until the applicant has provided satisfactory evidence of United States citizenship. Satisfactory evidence of United States citizenship shall be provided in person at the time of filing the application for registration or by including, with a mailed registration application, a photocopy of one of the documents listed as evidence of United States citizenship in subsection (k). After a person has submitted satisfactory evidence of citizenship, the county board of registrars shall indicate this information in the person’s permanent voter file.
(d) Any person who is registered in this state on September 1, 2011, is deemed to have provided satisfactory evidence of United States citizenship and shall not be required to submit evidence of citizenship.
(e) For purposes of this section, proof of voter registration from another state is not satisfactory evidence of United States citizenship.
(f) A registered voter who moves from one residence to another within the state or who modifies his or her voter registration records for any other reason shall not be required to submit evidence of United States citizenship.
(g) If evidence of United States citizenship is deemed to be unsatisfactory due to an inconsistency between the document submitted as evidence and the name or sex provided on the application for registration, such applicant may sign an affidavit containing both of the following:
(1) Stating the inconsistency or inconsistencies related to the name or sex, and the reason therefor.
(2) Swearing under oath that, despite the inconsistency, the applicant is the individual reflected in the document provided as evidence of citizenship.
(h) There shall be no inconsistency between the date of birth on the document provided as evidence of citizenship and the date of birth provided on the application for registration. If such an affidavit is submitted by the applicant, the county board of registrars shall assess the eligibility of the applicant without regard to any inconsistency stated in the affidavit.
(i) All documents submitted as evidence of United States citizenship shall be kept confidential by the county board of registrars and maintained as provided by record retention laws.
(j) Nothing in this section shall prohibit an applicant from providing, or the county board of registrars from obtaining, satisfactory evidence of United States citizenship, as described in this section, at a different time or in a different manner than an application for registration is provided, as long as the applicant’s eligibility can be adequately assessed by the county board of registrars as required by this section.
(k) Evidence of United States citizenship shall be demonstrated by one of the following documents, or a legible photocopy or a copy in a digital or other electronic format of one of the following documents:
(1) The applicant’s driver’s license or nondriver’s identification card issued by the division of motor vehicles or the equivalent governmental agency of another state within the United States provided that the governmental agency of another state within the United States requires proof of lawful presence in the United States as a condition of issuance of the driver’s license or nondriver’s identification card.
(2) The applicant’s birth certificate indicating birth in the United States or one of its territories
(3) Pertinent pages of the applicant’s United States valid or expired passport identifying the applicant and the applicant’s passport number, or presentation to the county board of registrars of the applicant’s United States passport.
(4) The applicant’s United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States Bureau of Citizenship and Immigration Services by the county election officer or the Secretary of State, pursuant to 8 U.S.C. § 1373(c).
(5) Other documents or methods of proof of United States citizenship issued by the federal government pursuant to the Immigration and Nationality Act of 1952, and amendments thereto.
(6) The applicant’s Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.
(7) The applicant’s consular report of birth abroad of a citizen of the United States of America.
(8) The applicant’s certificate of citizenship issued by the United States Citizenship and Immigration Services.
(9) The applicant’s certification of report of birth issued by the United States Department of State.
(10) The applicant’s American Indian card, with KIC classification, issued by the United States Department of Homeland Security.
(11) The applicant’s final adoption decree showing the applicant’s name and United States birthplace.
(12) The applicant’s official United States military record of service showing the applicant’s place of birth in the United States.
(13) An extract from a United States hospital record of birth created at the time of the applicant’s birth indicating the applicant’s place of birth in the United States.
(l) If an applicant is a United States citizen but does not have any of the documentation listed in this section as satisfactory evidence of United States citizenship, the applicant may submit any evidence that the applicant believes demonstrates the applicant’s United States citizenship. Any applicant seeking an assessment of evidence under this section may directly contact the county board of registrars by submitting a voter registration application or the national voter registration form and any supporting evidence of United States citizenship. The county board of registrars shall give the applicant an opportunity for a hearing, upon the applicant’s request in writing, and an opportunity to present any additional evidence to the county board of registrars. Notice of such hearing shall be given to the applicant at least five days prior to the hearing date. An applicant shall have the opportunity to be represented by counsel at such hearing. The county board of registrars shall assess the evidence provided by the applicant to determine whether the applicant has provided satisfactory evidence of United States citizenship. If the county board of registrars finds that the evidence presented by an applicant does not constitute satisfactory evidence of United States citizenship, the applicant shall have the right to appeal such determination by a county board of registrars by instituting an action under 8 U.S.C. § 1503. Any negative assessment of an applicant’s eligibility by a county board of registrars shall be reversed if the applicant obtains a declaratory judgment pursuant to 8 U.S.C. § 1503, demonstrating that the applicant is a national of the United States.
(m)(1) The Department of Public Health shall not charge or accept any fee for a certified copy of a birth certificate if the certificate is requested by any person who is 17 years of age or older for purposes of meeting the voter registration requirements of this chapter. The person requesting a certified copy of a birth certificate shall swear under oath to both of the following:
a. That the person plans to register to vote in this state.
b. That the person does not possess any of the documents that constitute evidence of United States citizenship as defined in this chapter.
(2) The affidavit shall specifically list the documents that constitute evidence of United States citizenship as defined in this chapter.
(Act 2011-535, p. 888, §29; Act 2012-491, p. 1410, §1.)
(a) For the purposes of this section, public records transaction means applying for or renewing a motor vehicle license plate, applying for or renewing a driver’s license or nondriver identification card, applying for or renewing a business license, applying for or renewing a commercial license, or applying for or renewing a professional license. Public records transaction does not include applying for a marriage license, any transaction relating to housing under Title 24 or the ownership of real property, including the payment of property taxes, or the payment of any other tax to the state or a political subdivision thereof, or any other transaction.
(b) An alien not lawfully present in the United States shall not enter into or attempt to enter into a public records transaction with the state or a political subdivision of the state and no person shall enter into a public records transaction or attempt to enter into a public records transaction on behalf of an alien not lawfully present in the United States.
(c)(1) Any person entering into a public records transaction or attempting to enter into a public records transaction with this state or a political subdivision of this state shall be required to demonstrate his or her United States citizenship, as provided in subsection (g), or his or her lawful presence in the United States, as provided in subdivision (10) of Section 31-13-3. An alien’s lawful presence in the United States may be verified through the Systematic Alien Verification for Entitlements program operated by the Department of Homeland Security, or by other verification with the Department of Homeland Security pursuant to 8 U.S.C. §1373(c).
(2)a. A citizen shall not be required to demonstrate citizenship for subsequent public records transactions after an initial verification of citizenship is made.
b. An alien demonstrating lawful permanent residence in the United States by the presentation of proper documentation proving that the alien is a lawfully permanent resident in the United States shall not be required to demonstrate lawful status for subsequent public records transactions after an initial verification is made.
(d) A violation of this section by an alien not lawfully present or by a person knowingly acting on behalf of an alien not lawfully present is a Class C felony.
(e) An agency of this state or a county, city, town, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 1901.
(f) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). An official of this state or political subdivision of this state shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.
(g) A person’s United States citizenship may be demonstrated or confirmed by any one of, or a legible photocopy or a copy in a digital or other electronic format of one of, the following documents:
(1) A driver’s license or nondriver’s identification card issued by the Alabama State Law Enforcement Agency or the equivalent governmental agency of another state within the United States, provided that the governmental agency of another state within the United States requires proof of lawful presence in the United States as a condition of issuance of the driver’s license or nondriver’s identification card.
(2) A birth certificate indicating birth in the United States or one of its territories.
(3) Pertinent pages of a United States valid or expired passport identifying the person and the person’s passport number, or the person’s United States passport.
(4) United States naturalization documents or the number of the certificate of naturalization.
(5) Other documents or methods of proof of United States citizenship issued by the federal government pursuant to the Immigration and Nationality Act of 1952, as amended.
(6) Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.
(7) A consular report of birth abroad of a citizen of the United States of America.
(8) A certificate of citizenship issued by the United States Citizenship and Immigration Services.
(9) A certification of report of birth issued by the United States Department of State.
(10) An American Indian card, with KIC classification, issued by the United States Department of Homeland Security.
(11) Final adoption decree showing the person’s name and United States birthplace.
(12) An official United States military record of service showing the applicant’s place of birth in the United States.
(13) An extract from a United States hospital record of birth created at the time of the person’s birth indicating the place of birth in the United States.
(14) AL-verify.
(15) A valid Uniformed Services Privileges and Identification Card.
(16) Any other form of identification that the Alabama Department of Revenue authorizes, through an administrative rule promulgated pursuant to the Alabama Administrative Procedure Act, to be used to demonstrate or confirm a person’s United States citizenship or lawful presence in the United States, provided that the identification requires proof of lawful presence in the United States as a condition of issuance.
(h) If the state or a political subdivision thereof is notified by the federal government that a person is an alien unlawfully present in the United States, the person’s motor vehicle license plate, driver’s license, nondriver identification card, business license, professional license, or commercial license shall, should they exist, be immediately revoked or rescinded by the appropriate authorities and shall not be reinstated until the state or a political subdivision thereof is notified by the federal government that the person is an alien lawfully present in the United States.
(Act 2011-535, p. 888, §30; Act 2012-491, p. 1410, §1.)
Nothing in this chapter is in any way meant to implement, authorize, or establish the Real ID Act of 2005 (P.L. 109-13, Division D; 119 Stat. 302).
(Act 2011-535, p. 888, §31.)
(a) The Legislature finds that the United States Department of Justice has unnecessarily and recklessly threatened Alabama law enforcement officers with personal law suits if the officer appears to make what the Department of Justice deems a misstep in enforcing the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.
(b) Because of this finding, it is necessary for the Legislature to defend Alabama law enforcement officers against federal overreach.
(c) If the Attorney General of Alabama deems that an Alabama law enforcement officer performed his or her duties enforcing Act 2011-535 according to accepted standards of Alabama law enforcement, the state shall defend the law enforcement officer against actions brought personally against the officer by the United States Department of Justice.
(Act 2012-491, p. 1410, §4.)
(a) The Administrative Office of Courts shall submit a quarterly report, organized by county, to the Alabama Department of Homeland Security summarizing the number of cases in which an unlawfully present alien was detained by law enforcement and appeared in court for any violation of state law and shall include all of the following information in the report:
(1) The name of the unlawfully present alien.
(2) The violation or charge alleged to have been committed by the unlawfully present alien.
(3) The name of the judge presiding over the case.
(4) The final disposition of the case, including whether the unlawfully present alien was released from custody, remained in detention, or was transferred to the custody of the appropriate federal immigration authorities.
(b) The Alabama Department of Homeland Security shall publish on its public website, in a convenient and prominent location, the information provided in the quarterly report from the Administrative Office of Courts. The display of this information on the department’s public website shall be searchable by county and presiding judge.
(c) For the purposes of this section, the determination of whether a person is an unlawfully present alien shall be verified by the federal government pursuant to 8 U.S.C. § 1373(c).
(Act 2012-491, p. 1410, §5.)
Notwithstanding any other provision of law to the contrary, it shall be unlawful for a person to harbor an alien unlawfully present in the United States by entering into a rental agreement, as defined by Section 35-9A-141, with an alien to provide accommodations, if the person knows or recklessly disregards the fact that the alien is unlawfully present in the United States.
(Act 2012-491, p. 1410, §6.)
(a) Any law enforcement agency of the state or any law enforcement agency of a political subdivision of the state shall have the authority to enforce the provisions of this chapter.
(b) The Attorney General and a district attorney investigating or prosecuting any violation of this chapter shall have the power to issue subpoenas to compel the production of relevant documents and other evidence necessary to enforce the provisions of this chapter.
(Act 2012-491, p. 1410, §7.)
(a) The Department of Revenue shall conduct annual searches of its records to determine if multiple individuals have filed tax returns under the same Social Security number or the same individual tax identification number.
(b) If the department determines that multiple individuals have filed tax returns under the same Social Security number or the same individual tax identification number, the department shall further investigate the use of the Social Security numbers or individual tax identification numbers.
(c) After its investigation, if the department determines that a Social Security number or an individual tax identification number has been stolen or misused by another individual in violation of Article 10, Chapter 8, of Title 13A, the department shall report the violation to the Attorney General or the appropriate district attorney.
(Act 2012-491, p. 1410, §8.)
(a) Whenever a law enforcement agency in this state has an illegal alien in its custody, the agency may not release the illegal alien until the agency has collected a full set of fingerprints and a known DNA reference sample from the individual, if a sample has not previously been collected.
(b) Following the collection of fingerprints or DNA pursuant to this section, a law enforcement agency shall submit the fingerprints to the Alabama State Law Enforcement Agency for cataloging and shall submit the known DNA reference sample to the Alabama Department of Forensic Sciences for analysis and entry into the appropriate database.
(Act 2025-306, §2.)
The Legislature finds that the state’s military installations are vital to the economic health of the state. It is therefore in the state’s interest that these installations not only be retained but, if possible, expanded.
(Act 2017-269, §1.)
When used in this chapter the following terms have the following meanings:
(1) COMMISSION. The Alabama Job Creation and Military Stability Commission.
(2) FOUNDATION. The Military Stability Foundation, an Alabama nonprofit corporation incorporated on September 8, 2011.
(3) MILITARY INSTALLATION. A federal or state military fort, base, camp, post, station, yard, depot, arsenal, armory, or other installation, if located within the State of Alabama.
(4) PROGRAM. The Military Stability Program established by this chapter.
(5) RECIPIENT. A person, entity, association, or governmental entity which receives monies from the program.
(Act 2017-269, §2; Act 2023-291, §1.)
(a) The Alabama Job Creation and Military Stability Commission is created. Members of the commission shall include a chair and two vice chairs. The chair shall be the Lieutenant Governor, or in the absence of a Lieutenant Governor, the chair shall be the Governor, or his or her designee. The vice chairs shall be the President Pro Tempore of the Senate, or his or her designee, and the Speaker of the House of Representatives, or his or her designee.
(b) The commission shall also consist of the following members:
(1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives.
(2) Two members of the Senate appointed by the President Pro Tempore of the Senate.
(3) The Adjutant General of the Alabama National Guard.
(4) The Secretary of the Alabama State Law Enforcement Agency.
(5) The Secretary of the Department of Commerce.
(6) The Director of the Alabama Department of Economic and Community Affairs.
(7) The Commissioner of the Alabama Department of Veterans Affairs.
(8) One senator from the minority caucus appointed by the Lieutenant Governor.
(9) One representative from the minority caucus appointed by the Speaker of the House of Representatives.
(10) The chair of the Alabama House Military and Veterans Affairs Committee.
(11) The chair of the Alabama Senate Veterans, Military Affairs, and Public Safety Committee.
(12) One retired senior member of the Armed Forces for each of the five major military facilities in Alabama, Redstone Arsenal, Anniston Army Depot, Maxwell Air Force Base including the Gunter Annex, Fort Moore, and Fort Novosel who shall be appointed by the Governor, after consultation with the individual designated in subdivision (13) as the civic leader from the community which the senior member of the military shall represent.
(13) One civic leader with significant experience in military relocations from each of the five communities currently impacted most significantly by the presence of military facilities and assigned personnel who shall be appointed by the chair after consultation with the existing organizations described in subsection (g).
(c) Members of the commission shall serve for a term of four years with each appointment, may be reappointed for an unlimited number of terms, and shall serve on the commission until a replacement is appointed.
(d) The commission shall meet at the call of the chair; provided, that the commission shall meet at least once annually.
(e) The commission shall adopt rules for its governance, including, but not limited to, the filling of vacancies, the election of officers, the creation of committees, including an executive committee, and the execution of documents. Members of the commission, the executive committee of the commission, or any other committee established by the commission may participate in a meeting of the commission or committee by means of telephone conference, video conference, or using similar communications methods by means of which all individuals participating in the meeting may hear one another. Participation by such means shall constitute presence in person at a meeting for all purposes, including for purposes of establishing a quorum. Notice of meetings shall be provided in accordance with the Alabama Open Meetings Act and similar means of communication be allowed to provide for members of the public to listen and observe meetings.
(f) The Secretary of the Senate, the Clerk of the House of Representatives, the Legislative Services Agency, Legal Division, the Legislative Services Agency, Fiscal Division, and the Examiners of Public Accounts shall provide assistance as requested by the commission. Each legislative member of the commission and supporting staff shall be entitled to his or her regular legislative compensation and his or her per diem and travel expenses for each day he or she attends a meeting of the commission which shall be paid out of any funds appropriated for the use of the Legislature, upon warrants drawn on the Comptroller upon requisition signed by the commission’s chair. Members shall not receive additional legislative compensation or per diem when the Legislature is in session but shall receive his or her travel expenses for all meetings attended.
(g) The commission shall make proactive attempts to ensure the stability of Alabama-assigned Department of Defense resources by the study and evaluation of military organizations, personnel, civilian support personnel, equipment, and infrastructure currently located in the state, and the re-stationing or reorganization of military resources located in, relocating to, or outside of the state using the following items of evaluation:
(1) All Department of Defense personnel, assets, and equipment, including that belonging to the Alabama National Guard and Reserve units or forces.
(2) The economic impact of these resources on surrounding communities.
(3) Current policies, programs, and services that impact Department of Defense resources located in the state.
(4) The impact these Department of Defense assets and resources have on state and local job creation.
(5) The impact of Department of Defense assets and resources on local businesses and industry.
(6) Funding available or required to promote the sustained presence of Department of Defense assets and resources appropriated to the state.
(h) The commission shall not alter the purpose, replace, or change the role of any existing organization, task force, or committee within a military community with the purpose of promoting military growth, including Base Closure and Realignment Commission associated actions.
(i) The appointing authorities of the commission shall coordinate their appointments to assure the membership of the Alabama Job Creation and Military Stability Commission is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
(j) The commission shall make an annual report to members of the Legislature no later than the seventh legislative day of each regular session detailing all commission activities and recommendations.
(k) The commission may accept gifts, contributions, bequests, grants, and other donations, whether public or private, of money, real property, or personal property and shall expend the same in furtherance of the work of the commission.
(l) The work of the commission shall be supported by the Military Stability Foundation, an Alabama nonprofit corporation incorporated on September 8, 2011, which shall not be considered a government body. Documents produced by or for the foundation shall not be considered public writings, even if viewed by or delivered to the commission, as the disclosure of the documents would be detrimental to the best interest of the public.
(Act 2017-277, p. 456, §1; Act 2019-380, §1; Act 2021-82, §1; Act 2023-291, §1; Act 2025-121, §1.)
There is established within the State Treasury the Military Stability Program. All state appropriations and any other funds collected pursuant to this chapter are appropriated for the purposes provided in this chapter and shall be deposited to the credit of the program. Any funds remaining in the Military Stability Program fund at the end of a fiscal year shall remain in the program and are reappropriated until expended in accordance with this chapter.
(Act 2017-269, §3.)
(a) The commission shall distribute monies from the program to recipients which submit acceptable plans for the retention or expansion of military installations, as further provided in this section.
(b) In order for a recipient to be eligible to obtain monies from the program, a recipient shall submit to the commission, on forms provided by the commission, all of the following:
(1) Materials tending to show that a local area would be affected by realignment or closure of a military installation.
(2) A plan to expend monies from local sources for public projects necessary to protect the interests of the area with respect to realignment or closure of such military installation.
(3) A certificate from at least one local governmental entity stating that the entity believes the submission by a potential recipient to be true and accurate if the recipient is not itself a local governmental entity.
(c) The commission shall consider the documentation provided pursuant to subsection (b) and award funds as it deems appropriate.
(d) The commission shall monitor expenditures made pursuant to this section to ensure compliance with this chapter. Misuse of funds of the program by a recipient shall be a factor in determining any future award to the recipient or any local governmental entity which issued a certificate in support of the recipient as provided in subdivision (3) of subsection (b).
(e) The commission may delegate any powers granted to it under this section to the foundation.
(Act 2017-269, §4.)
The commission shall provide an annual report to the Legislature no later than the 15th legislative day of the regular session following the conclusion of any year in which an appropriation was made to the program or funds of the program were disbursed or expended.
(Act 2017-269, §5.)
The commission shall promulgate rules as it deems necessary to implement this chapter.
(Act 2017-269, §6.)
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