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Alabama Statutes, Title 41

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Alabama/Statutes

← All Alabama coverage

Title 41

42 chapters · 1,739 sections in this title.

All chapters in Title 411,739 Ch 10, Authorities486 Ch 9, Boards and Commissions405 Ch 4, Department of Finance171 Ch 23, Department of Economic and Community…99 Ch 29, Department of Commerce59 Ch 16, Public Contracts50 Ch 26, Alabama Education Lottery and Associ…47 Ch 27, Alabama State Law Enforcement Agency39 Ch 6, Department of Archives and History37 Ch 1, General Provisions34 Ch 22, Administrative Procedure30 Ch 14, State Funds Generally27 Ch 5A, Examiners of Public Accounts26 Ch 8, Alabama Public Library Service25

405 sections·Filtered byTitle 41✕Ch 9✕

Ala. Code § 41-9-2 Removal and Replacement of Board Members by Appointing Officer in Certain Circumstances
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(a) As used in this section, “board” means any board, authority, or commission comprised of individual members, of which some or all members are appointed, as established under state law. (b) Any individual appointed to a board by the Governor, the Lieutenant Governor, the Speake…
Ala. Code § 41-9-20 Creation
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There shall be a commission to be known as the Art Commission. (Acts 1919, No. 636, p. 880; Code 1923, §79; Code 1940, T. 55, §328.)
Ala. Code § 41-9-21 Composition; Qualifications, Appointment, Term of Office and Compensation of Members
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The commission shall consist of the Governor, the Superintendent of Education, the Director of Transportation, the Director of the Department of Archives and History, all ex officio members and six other members to be appointed by the Governor, which said appointive members shall…
Ala. Code § 41-9-22 Officers and Employees; Meetings; Offices, Books, Etc.; Powers and Duties Generally
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(a) The commission may receive donations and contributions to carry on its work. It may establish and maintain permanent offices and rooms. It may elect an executive officer, employ other officers and employees, and fix their compensation. It shall hold an annual meeting and as m…

Ala. Code § 41-9-23 Annual Report to Governor; Issuance, Etc., of Publications

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The commission may make an annual report to the Governor and may issue such other publications as are necessary to better develop its activities, all to be printed and distributed as other state documents. (Acts 1919, No. 636, p. 880; Code 1923, §82; Code 1940, T. 55, §331.)

Ala. Code § 41-9-40 Legislative Findings; Declaration of Public Policy

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(a) It is hereby found that many of our citizens lack the opportunity to view, enjoy, or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architecture, and the performing and fine arts generally. It…

Ala. Code § 41-9-41 Establishment; Composition; Qualifications and Appointment of Members

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There is established a state commission to be known as the Alabama State Council on the Arts to honor the arts by providing grants, programs, and services that enhance the quality of life and economic vitality for all Alabamians by providing support for the state’s diverse and ri…

Ala. Code § 41-9-42 Terms of Office of Members; Officers Generally; Filling of Vacancies; Compensation of Members

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The term of office of each member shall be six years; provided, however, that of the members first appointed, five shall be appointed for terms of two years, five for terms of four years and five for terms of six years. The council shall elect a chair and a vice-chair from the me…

Ala. Code § 41-9-43 Executive Director, Consultants, Advisors, Etc

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The chair, with the approval of the council, may employ an executive director and such additional personnel as may be necessary to accomplish the purpose of this article. The executive director, consultants, advisors, and any such additional personnel as may be necessary shall se…

Ala. Code § 41-9-44 Powers of Council Generally; Liability Upon Debts or Obligations Incurred by Council

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(a) The council may do all of the following: (1) Issue or award honorariums whether as compensation for services or as gifts or donations, without entering into contracts and without regard to the state competitive bidding requirements in Chapters 4 and 16. (2) Hold public and pr…

Ala. Code § 41-9-45 Duties of Council Generally

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The duties of the council shall be: (1) To stimulate and encourage throughout the state the study and presentation of the performing and fine arts and public interest and participation therein; (2) To make such surveys as may be deemed advisable of public and private institutions…

Ala. Code § 41-9-46 Council Designated Official Agency to Receive and Disburse Funds from National Foundation on the Arts and Humanities; Request and Receipt of Assistance and Data from Departments, Agencies, Etc., of State

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(a) The council shall be the official agency of this state to receive and disburse any funds made available by the National Foundation on the Arts and Humanities. (b) The council may request and shall receive from any department, division, board, bureau, commission, or agency of …

Ala. Code § 41-9-47 Reports to Governor and Legislature

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The council shall make an interim report to the Governor and the Legislature not later than the thirtieth legislative day of the 1967 Regular Session of the Legislature and from time to time thereafter. (Acts 1967, No. 551, p. 1300, §9.)

Ala. Code § 41-9-60 Purpose of Division

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The purpose of this division is to provide a method of payment by the State of Alabama or any of its agencies, commissions, boards, institutions, or departments to persons for injuries to person or property or for death occasioned by the State of Alabama or any of its agencies, c…

Ala. Code § 41-9-61 Creation; Composition; Officers; Attorney General to Attend Meetings of Board, Etc.; Quarters, Etc.; Quorum; Board May Take Views, Conduct Interviews, Etc.; Board to Supervise, Etc., Preparation, Etc., of Records of Cases

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There shall be a Board of Adjustment to be composed of the Director of Finance, the State Treasurer, the Secretary of State and the State Auditor. The chair of said board shall be selected by the board from its members. The Secretary of State shall also be the secretary of said b…

Ala. Code § 41-9-62 Claims Within Jurisdiction of Board; Employees Not Within Jurisdiction of Board; Approval of Uncontested Claims

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(a) The Board of Adjustment shall have the power and jurisdiction and it shall be its duty to hear and consider all of the following: (1) All claims for damages to the person or property growing out of any injury done to either the person or property by the state or any of its ag…

Ala. Code § 41-9-63 Claimant May Prosecute Claim in Person or by Counsel or Agent

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A claimant shall have the right to file and prosecute his or her claim before the board in person or by counsel or agent of his or her own choice, whether such agent be licensed to practice law or not. (Acts 1935, No. 546, p. 1164; Code 1940, T. 55, §344; Acts 1963, No. 307, p. 7…

Ala. Code § 41-9-64 Claims for Death to Be Made by Personal Representative; Distribution of Proceeds of Claim

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Claims for death shall be made by the personal representative, who shall distribute the proceeds of the claim in the same manner as is provided by law with respect to damages awarded for death by wrongful act. (Acts 1935, No. 546, p. 1164; Acts 1936-37, Ex. Sess., No. 173, p. 205…

Ala. Code § 41-9-65 Limitation Periods for Presentation of Claims

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(a) Unless otherwise provided in this section, all claims must be presented to the Board of Adjustment within one year after the cause of action accrues. (b) Claims for injury to the person resulting in death must be presented to the Board of Adjustment within two years after the…

Ala. Code § 41-9-66 Board May Prescribe Forms and Adopt Rules of Evidence and Procedure

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The Board of Adjustment may prescribe such forms and adopt such rules of evidence and procedure as it may deem necessary or proper, not inconsistent with the provisions of this division. (Acts 1935, No. 546, p. 1164; Code 1940, T. 55, §337.)

Ala. Code § 41-9-67 Powers, Etc., of Board as to Requirement of Production of Documents, Etc., Generally; Employment of Clerical, Etc., Help for Investigation of Claims, Etc

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(a) The Board of Adjustment shall have the power and it shall be its duty when any claim or claims for damages provided for in this division are presented to it to require any employee, agency, commission, board, institution, or department of the State of Alabama to furnish any d…

Ala. Code § 41-9-68 Determination of Amount of Injury or Damage and Entry of Award for Payment of Damages Generally

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(a) When claims are properly prepared and presented to the Board of Adjustment and, after ascertaining the facts in the case, it is directed to determine the amount of the injury, death, or disability or other injury or damage arising from contract or business and to fix the dama…

Ala. Code § 41-9-69 Determination of Agency, Commission, Etc., of State Inflicting Injury or Damage and Entry of Award for Payment of Damages Out of Funds Appropriated Thereto

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The Board of Adjustment in its findings of facts and its findings and awards as to the amount of payment may also find the agency, commission, board, institution, or department of the State of Alabama which inflicted the injury or damage complained of, if it finds there is injury…

Ala. Code § 41-9-70 Limitation on Amount of Award for Personal Injury or Death

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The Board of Adjustment shall not fix a greater amount to be paid on any claim for death or personal injuries than the limits fixed in Chapter 5 of Title 25 for injuries, loss of time, medical attendance, or death; provided, that convicts shall be considered as receiving the mini…

Ala. Code § 41-9-71 Secretary of Board to Prepare, Etc., History of Cases, Etc., and Deliver to Certain Agencies, Etc., Certified Copy of Findings and Awards of Board; Comptroller to Draw Warrant in Favor of Persons, Etc., Found Entitled to Damages, Etc

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The secretary of the Board of Adjustment shall make a record of and file in the office of the Secretary of State a history of the case, together with the findings and awards of the Board of Adjustment, and shall deliver to the agencies, commissions, boards, institutions, or depar…

Ala. Code § 41-9-72 Payment by Treasurer of Warrants Drawn Pursuant to Findings and Awards of Board

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The Treasurer of the State of Alabama is authorized and directed to pay the warrants of the Comptroller, drawn pursuant to the findings and awards of the Board of Adjustment out of any money in the Treasury of the State of Alabama as directed by such findings and awards. (Acts 19…

Ala. Code § 41-9-73 Appropriations for Payment of Awards, Etc

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There is hereby appropriated annually out of the General Fund of the State of Alabama, the State Insurance Fund, the fund of the Department of Corrections, the Education Trust Fund, the Special Mental Health Fund, or any other fund of the state, to be determined by the Board of A…

Ala. Code § 41-9-74 Board to Pay Judgments Against Board of Corrections Officials; Limitations, Exceptions, Etc

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(a) As part of the consideration of the employment or appointment of the Commissioner of the Board of Corrections, deputy commissioners of the Board of Corrections, members of the Board of Corrections and other officers, employees and agents of the Board of Corrections, whether p…

Ala. Code § 41-9-85 Short Title

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This division shall be known and may be cited as Lisa’s Law. (Act 2019-538, §2.)

Ala. Code § 41-9-85.1 Definitions

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As used in this division, the following terms shall have the following meanings: (1) CONVICTED INDIVIDUAL. An individual convicted of a specified crime or a representative of the individual. (2) EARNED INCOME. Income derived from an individual’s own labor or active participation …

Ala. Code § 41-9-85.2 Notice to Securities Commission of Payment, Etc., of Profits from a Crime

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(a) A person that knowingly contracts for, pays for, or agrees to pay to a convicted individual profits from the crime or to the representative of the individual, shall give written notice to the Securities Commission of the payment or obligation to pay as soon as practicable aft…

Ala. Code § 41-9-85.3 Civil Action by Victim of Crime - Restitution or Money Damages

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(a) Notwithstanding any other provision of law to the contrary, a victim of a crime may bring a civil action in a court of competent jurisdiction to recover restitution or money damages, or both, from the convicted individual who committed the crime or the individual’s representa…

Ala. Code § 41-9-85.4 Civil Action by Victim of Crime - Notice to Securities Commission

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Upon filing an action pursuant to subsection (a) of Section 41-9-85.3, the victim of a crime shall give notice to the Securities Commission of the filing by delivering a copy of the summons and complaint to the Securities Commission. (Act 2019-538, §2.)

Ala. Code § 41-9-85.5 Provisional Remedies

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(a) The Securities Commission, acting on behalf of a victim of a crime, may apply for any and all provisional remedies that are also otherwise available to the victim. (b) The provisional remedies of attachment, injunction, receivership, and notice of pendency available to the vi…

Ala. Code § 41-9-85.6 Failure to Provide Notice; Penalties; Costs and Expenses of Securities Commission

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(a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-85.2, the Securities Commission, after notice and hearing pursuant to the Alabama Administrative Procedure Act, may impose an assessment of up to the amount of the payment or obligation to p…

Ala. Code § 41-9-85.7 Powers of Securities Commission Under This Division

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(a) The Securities Commission, or any person designated by the Securities Commission, may do any of the following: (1) Make public or private investigations, within or outside of the state, as deemed necessary to aid in the enforcement of this division. (2) Require or permit any …

Ala. Code § 41-9-85.8 Implementation and Administration of This Division

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The Securities Commission may retain any person or entity as required to implement and administer this division. (Act 2019-538, §2.)

Ala. Code § 41-9-160 Definitions

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When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) STATE BUILDING AND CONSTRUCTION. All buildings and other structures erected or acquired by or in behalf of the State of…

Ala. Code § 41-9-161 Promulgation, Distribution and Enforcement of Code of Minimum Building Standards by Commission Generally

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For the further protection of the people of Alabama, the Construction Management Division of the Department of Finance is authorized and directed hereby to promulgate and to enforce a code of minimum building standards. The code adopted by the Construction Management Division of …

Ala. Code § 41-9-162 Applicability of Building Code

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(a) The code of minimum building standards promulgated and enforced by the Construction Management Division of the Department of Finance shall be applicable only to all state buildings and construction, schoolhouses, hotels, and moving picture theatres in Alabama.(b) The effect o…

Ala. Code § 41-9-163 Requirements of Building Code; Erection or Acquisition of State Building or Construction or Public Schoolhouse Not Conforming to Code; Operation of Private School, Hotel, Etc., Not Conforming to Code

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(a) The requirements of the building code shall be such that the safety, health, general welfare, and morals of the people of Alabama thereby will be protected. (b) It shall be unlawful for any state building or construction or any public schoolhouse which does not conform to the…

Ala. Code § 41-9-163.1 Installation and Maintenance of Changing Tables in Public Bathrooms

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(a) For the purposes of this section, the following terms have the following meanings: (1) PUBLIC BUILDING. A building or appurtenance to a building designed for public access and maintained for the public benefit through the use of state or local government funds. (2) PUBLIC ENT…

Ala. Code § 41-9-164 Changes in Building Code

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The Construction Management Division of the Department of Finance is authorized and directed to make such changes in the code from time to time as seem advisable in the best interest of the people of Alabama. Changes in the code shall take effect and shall be printed and distribu…

Ala. Code § 41-9-165 Enforcement of Building Code

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The Construction Management Division of the Department of Finance is empowered to provide adequate inspection service to insure compliance with the building code. Other agencies and instrumentalities of the state government are directed hereby to cooperate, as requested by the co…

Ala. Code § 41-9-166 Adoption, Etc., of Building Codes by Municipalities and Counties

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Any municipality in the State of Alabama may adopt any model building code published by the Southern Building Code Congress International and the National Electrical Code published by the National Fire Protection Association as a municipal ordinance, enlarging the applicability t…

Ala. Code § 41-9-167 Use of Certain Refrigerants and Refrigerant-Equipped Products in Compliance with the National Clean Air Act

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(a) No provision of the state building code, or any municipal or county building code, or any other law or rule, may prohibit or otherwise limit the use of a substitute refrigerant or substitute refrigerant-equipped product that complies with the National Clean Air Act pursuant t…

Ala. Code § 41-9-170 Definitions

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When used in this division, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:(1) Commission. The Construction Management Division of the Department of Finance.(2) Director. The Director of the Technica…

Ala. Code § 41-9-171 Promulgation, Distribution and Enforcement of Code of Minimum Building Standards for Buildings Constructed or Remodeled with State Funds by Building Commission Generally

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For the health and welfare of the people of Alabama, the Construction Management Division of the Department of Finance of the State of Alabama, which was created in 1945 by the Legislature, is authorized and hereby directed to adopt, promulgate, and enforce a state building code.…

Ala. Code § 41-9-172 Powers and Duties of Director of Technical Staff of Commission as to Promulgation, Adoption and Modification of Code; Standards to Be Included in Code

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The director of the technical staff of the commission shall have the responsibility for developing said code and presenting it to the commission for adoption and, in fulfillment of such responsibility, may, as it becomes necessary, contract for the consultant services of architec…

Ala. Code § 41-9-173 Preparation and Offering by Director of Training and Assistance in Implementing Provisions of Division, Etc

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The director shall prepare and offer such training and assistance as the Construction Management Division of the Department of Finance deems necessary in implementing the provisions of this division and the standards herein established. (Acts 1978, No. 766, p. 1105, §3.)