Title 31 — Title 31
0 chapters · 600 sections in this title.
Ala. Code § 31-2-60 Organization of Military Department; Qualifications, Appointment, Rank,
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Etc., of Employees of Department; Applicability of Merit System to Department Officers and Employees. 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 em…
Ala. Code § 31-2-61 Salaries of Officers and Employees of Military Department
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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 appropr…
Ala. Code § 31-2-62 Bonds of Adjutant General and Other Employees of Military
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Department. 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, sha…
Ala. Code § 31-2-63 Offices, Furniture, Stationery, Etc., of Military Department
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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 an…
Ala. Code § 31-2-67 Annual Report by Adjutant General to Governor
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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 s…
Ala. Code § 31-2-68 Audit of Books, Accounts, Etc., of Adjutant General and Other Officers
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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 accou…
Ala. Code § 31-2-69 Standards for Appointment, Removal, Etc., of Officers of State Armed
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Forces; Qualifications of Federally Recognized National Guard. 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 p…
Ala. Code § 31-2-7 Maintenance of Troops in Time of Peace
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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 Na…
Ala. Code § 31-2-70 Officers to Have Same Powers and Duties as Officers in Armed Forces
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of United States. 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 Sta…
Ala. Code § 31-2-71 Qualifications and Appointment of National Guard Staff Officers
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Headquartered in Other States. 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 app…
Ala. Code § 31-2-72 General Officers of the Line
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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 Nati…
Ala. Code § 31-2-73 Appointment, Promotion, Etc., of Noncommissioned Officers, Etc., of
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National Guard. 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. History: (Acts 1973, No. 103…
Ala. Code § 31-2-74 Enlistments, Etc., in National Guard
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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 Nation…
Ala. Code § 31-2-75 Discharge of Enlisted Members of National Guard
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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. Hi…
Ala. Code § 31-2-76 Drills, Encampments, Maneuvers, Etc
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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…
Ala. Code § 31-2-77 Service Medals and Decorations Authorized for Wear with National
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Guard and Naval Militia Uniforms. 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 Alab…
Ala. Code § 31-2-78 Personal Uniforms, Arms, Etc., of Officers, Enlisted Men, Etc., Exempt
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from Sale Under Execution, Etc. 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 executi…
Ala. Code § 31-2-79 Exemption of Members of Militia from Arrest
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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 …
Ala. Code § 31-2-8 Organization, Etc., of State Defense Force Upon Call, Etc., into Federal
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Service of National Guard. 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…
Ala. Code § 31-2-80 Exemption from Ad Valorem Taxes of Property Owned or Leased by
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Units of Armed Forces. 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 prop…
Ala. Code § 31-2-81 Exemption of Certain Post Exchanges and Canteens from Tobacco and
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Gasoline Taxes and State and Local Licenses. 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 o…
Ala. Code § 31-2-82 Armed Forces Organizations Not to Leave State Without Permission
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No organization of the armed forces of the state shall go out of the state except by permission of the Governor. History: (Acts 1936, Ex Sess., No. 143, p. 105; Code 1940, T. 35, §111; Acts 1973, No. 1038, p. 1572, §83.)
Ala. Code § 31-2-83 Laws Applicable to Militia When in Active Service of State; Jurisdiction
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and Powers of Courts-Martial as to Offenses Thereunder; Imposition of Death Penalty; Imprisonment. 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 prope…
Ala. Code § 31-2-84 Right of Troops as to Use of Streets and Highways
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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 mai…
Ala. Code § 31-2-85 Compensation for Injury, Disability, and Death
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Repealed by Act 2012-333, p. 789, §3, effective August 1, 2012. History: (Acts 1939, No. 509, p. 774; Code 1940, T. 35, §115; Acts 1973, No. 1038, p. 1572, §86.)
Ala. Code § 31-2-85.1 Medical Expenses for Members of National Guard or Alabama State
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Defense Force. 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…
Ala. Code § 31-2-86 Payment for Damages Caused by National Guard Members Acting in
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Line of Duty. 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 …
Ala. Code § 31-2-87 Supervision and Command of National Guard Organizations Jointly
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Maintained with Other States for Training and Instruction. 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 du…
Ala. Code § 31-2-88 Pay and Subsistence for National Guard and Naval Militia in Active
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Military or Naval Service of State. 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…
Ala. Code § 31-2-89 Actions Against Members of Military Court, Etc., as to Sentences,
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Warrants, Etc.; Actions Against Officers or Enlisted Men for Acts Performed in Line of Duty; Defense of Actions Against Present or Former Members of National Guard at State Expense. No action or proceedings shall be prosecuted or maintained against a member of a military court or…
Ala. Code § 31-2-9 Powers, Etc., of Governor and Adjutant General with Respect to State
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Defense Force; State Defense Force to Be Free from Federal Control. 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…
Ala. Code § 31-2-90 Appointment of Counsel to Defend National Guard Members in Certain
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Actions. 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 und…
Ala. Code § 31-2-91 Security for Costs in Certain Actions Against National Guard Members
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to Be Given by Plaintiff. 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 defenda…
Ala. Code § 31-2-92 Courts-Martial for Members of National Guard - Kinds, Jurisdiction,
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Powers, Procedure, Etc.; Limitations on Institution of Courts-Martial. Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. History: (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.…
Ala. Code § 31-2-93 Courts-Martial for Members of National Guard - Convening and Powers
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of Punishment of General Courts-Martial. Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. History: (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §122; Acts 1973, No. 1038, p. 1572, §94.)
Ala. Code § 31-2-94 Courts-Martial for Members of National Guard - Appointment and
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Powers of Punishment of Special Courts-Martial. Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. History: (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §123; Acts 1973, No. 1038, p. 1572, §95.)
Ala. Code § 31-2-95 Courts-Martial for Members of National Guard - Convening and Powers
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of Punishment of Summary Courts-Martial. Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. History: (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §124; Acts 1973, No. 1038, p. 1572, §96.)
Ala. Code § 31-2-96 Courts-Martial for Members of National Guard - Powers of Presidents
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and Summary Court Officers. Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. History: (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §126; Acts 1973, No. 1038, p. 1572, §97.)
Ala. Code § 31-2-97 Courts-Martial for Members of National Guard - Manual of Courts-
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Martial, Etc., to Govern Proceedings. Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. History: (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §127; Acts 1973, No. 1038, p. 1572, §98.)
Ala. Code § 31-2-98 Courts-Martial for Members of National Guard - Evidence
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Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014. History: (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §139; Acts 1973, No. 1038, p. 1572, §99.)
Ala. Code § 31-2-99 Courts-Martial for Members of National Guard - Employment of Court
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Reporter. 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…
Ala. Code § 31-2A-1 (Article 1.) Definitions
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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…
Ala. Code § 31-2A-10 (Article 10.) Restraint of Persons Charged with Offenses
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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 pe…
Ala. Code § 31-2A-100 (Article 100.) Subordinate Compelling Surrender
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-101 (Article 101.) Improper Use of Countersign
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-102 (Article 102.) Forcing a Safeguard
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-103 (Article 103.) Captured or Abandoned Property
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(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…
Ala. Code § 31-2A-104 (Article 104.) Aiding the Enemy
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-105 (Article 105.) Misconduct as Prisoner
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REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024. History: (Act 2012-334, §1.)
Ala. Code § 31-2A-106 (Article 106.) Reserved
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Reserved. History: (Act 2012-334, §1.)