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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

1,739 sections·Filtered byTitle 41✕

Ala. Code § 41-9-292 Use of State Cultural Resources
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(a) All cultural resources as defined herein are declared to be state cultural resources subject to the exclusive dominion and control of the State of Alabama. (b) Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a prior…
Ala. Code § 41-9-293 Management Plan; Rules and Regulations
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(a) The commission, in coordination with the Department of Conservation and Natural Resources, shall develop and implement a management plan for cultural resources. The commission may appoint an advisory committee to assist the commission in the development and implementation of …
Ala. Code § 41-9-294 Permit Etc., for Exploration or Excavation
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(a) Any qualified individual, company, corporation, or public institution desiring to conduct any type of exploration or excavation of cultural resources shall first make application to the commission for a permit or contract to conduct the operation. If the commission finds that…
Ala. Code § 41-9-295 Commercial Fishing Restrictions
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The commission may restrict, when necessary, as determined in writing in the sole discretion of the Commissioner of Conservation and Natural Resources, the activities of commercial fishing vessels in or around known underwater cultural resources when the likelihood of damage to o…

Ala. Code § 41-9-296 Distribution of Funds

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(a) Any funds received by the commission under the terms and conditions of permits or contracts made pursuant to this division shall be placed in funds maintained in the State Treasury. (b) The commission shall, pursuant to its rulemaking power, provide a procedure for the sale a…

Ala. Code § 41-9-297 Theft or Disturbance of a Cultural Resource

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(a) A person commits the crime of theft or disturbance of a cultural resource protected by the commission if the person does either of the following: (1) Intentionally and knowingly removes, alters, disturbs, or destroys any cultural resource without the prior written authorizati…

Ala. Code § 41-9-298 Seizure of Equipment, Etc

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In all cases of arrest and conviction under Section 41-9-297, all boats, instruments, and other equipment used directly in connection with the offenses are declared to be contraband and shall be seized and brought before the court having jurisdiction of the offense for proper dis…

Ala. Code § 41-9-299 Enforcement of Division

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All law enforcement agencies and officers, state and local, shall assist the commission in the enforcement of this division. (Act 99-595, p. 1364, §10.)

Ala. Code § 41-9-299.1 Exceptions

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(a) Notwithstanding any other provisions of this division to the contrary, no contract with or permit from or fee paid to the commission shall be required for activities performed pursuant to United States Army Corps of Engineers’ permits, including general permits. (b) Notwithst…

Ala. Code § 41-9-299.2 Construction of Division

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This division shall be construed in pari materia with Section 41-9-249.1. (Act 99-595, p. 1364, §13.)

Ala. Code § 41-9-320 Creation; Purpose

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(a) There is hereby created the Tannehill Furnace and Foundry Commission to establish, operate and maintain as a state park or historic site the land and buildings in the County of Tuscaloosa where one of the state’s early ironworks, known as the Tannehill Furnace and Foundry, wa…

Ala. Code § 41-9-321 Composition; Appointment and Terms of Office of Members; Vacancies

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The commission shall be composed of 18 members, one of whom shall be appointed by the Board of Trustees of the University of Alabama, one of whom shall be appointed by the Board of Trustees of the University of Montevallo, and one of whom shall be a member of the Alabama Historic…

Ala. Code § 41-9-322 Members Not to Receive Pay, Etc.; Payment of Expenses of Members; Conflicts of Interest of Members or Employees of Commission

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No member of the commission shall receive any pay or emolument other than his expenses incurred in the discharge of his or her duties as a member of the commission, which expenses shall be paid in the amounts provided for in Article 2 of Chapter 7 of Title 36 of this Code. All su…

Ala. Code § 41-9-323 Meetings Generally; Quorum; Organization and Procedure; Seal; Officers; Requirement of Bond from Treasurer

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Ten members of the commission shall constitute a quorum for the transaction of business. Additional meetings may be held at such times and places within the state as may be necessary, desirable or convenient upon call of the chair or, in the case of his or her absence or incapaci…

Ala. Code § 41-9-324 Commission a Body Corporate

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The commission shall constitute a body corporate and shall have, in addition to those set forth specifically in this division, all powers necessary or convenient to effect the purposes for which it has been established under and by the terms of this division, together with all po…

Ala. Code § 41-9-325 Commission a State Agency; Commission to Have Exclusive Control Over Tannehill Furnace and Foundry; Rule Making and Police Power

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The commission shall be a state agency and shall have exclusive control over the Tannehill Furnace and Foundry and the area appurtenant thereto, the memorial park established under this division, all improvements and exhibits located thereon and any additions constructed, created…

Ala. Code § 41-9-326 Acquisition of Property; Borrowing of Money and Issuance of Revenue Bonds

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(a) The commission is authorized to take possession under a lease or a deed of the land and other property in the County of Tuscaloosa, known as “old Tannehill Furnace,” which is now owned by the University of Alabama, and the Board of Trustees of the University of Alabama is her…

Ala. Code § 41-9-327 Operation, Etc., of Park or Historic Site; Entry into Agreements with Civic Organizations, Etc.; Acceptance of Gratuitous Services and Employment of Hostesses, Guards, Etc

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(a) The commission shall operate or provide for the operation of the park or historic site hereby provided for and any appurtenances thereto in such manner as to facilitate its exhibition to the public either with or without a charge. If the commission, in its discretion, decides…

Ala. Code § 41-9-328 Appropriations by Counties and Municipalities

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The county commission of any county or governing body of any municipality in this state shall be authorized, by resolution duly adopted and recorded, to appropriate any available public funds not otherwise pledged to the use of any such commission. (Acts 1969, No. 994, p. 1760, §…

Ala. Code § 41-9-329 Exemption from Taxation of Commission and Income, Properties, Etc., Thereof

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This commission shall have a tax-exempt status, and the properties of the commission and the income therefrom, all lease agreements and contracts made by it, all bonds issued by it and the coupons applicable thereto and the income therefrom, and all indentures executed with respe…

Ala. Code § 41-9-330 Insurance Programs for Employees

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(a) All full-time employees of the Tannehill Furnace and Foundry Commission shall be treated as state employees for the purpose of participating in any insurance programs provided for state employees. (b) The Tannehill Furnace and Foundry Commission is hereby authorized and empow…

Ala. Code § 41-9-331 Tannehill Furnace and Foundry Commission Renamed Alabama Historic Ironworks Commission

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The Tannehill Furnace and Foundry Commission as provided for in this chapter and renamed by this section shall henceforth be officially named and called the Alabama Historic Ironworks Commission. In no manner shall this section alter the powers, duties, property, personnel, funct…

Ala. Code § 41-9-332 Commission Granted Additional Authority

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In addition to the authority granted to the commission under Sections 41-9-320, and 41-9-325 to 41-9-328, inclusive, the commission is further authorized to offer technical assistance to other 19th Century ironworks or related industrial preservation projects in Alabama as funds …

Ala. Code § 41-9-335 Created; Composition; Powers and Duties

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(a) A board of trustees to be known as the St. Stephens Historical Commission is hereby authorized to be appointed and established for the purpose of acquiring, maintaining, protecting, and promoting certain properties of historical interest at St. Stephens, in Washington County,…

Ala. Code § 41-9-336 Authorization for County or Municipality to Appropriate Public Funds for Commission; Acquisition, Etc., of Roads, Bridges, Etc., on Commission Land

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The county commission of any county or governing body of any municipality in this state or any other public or private agency or any historical organization shall be authorized, by resolution duly adopted and recorded, to appropriate any available public funds not otherwise pledg…

Ala. Code § 41-9-337 Employees Treated Same as State Employees for Insurance or Benefits Purposes; Employer’s Contributions to Such Programs; Part-Time Employees

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(a) All full-time employees of the St. Stephens Historical Commission shall be treated as state employees for the purpose of participating in any insurance programs and other fringe benefits provided for state employees. (b) The commission is hereby authorized and empowered to pa…

Ala. Code § 41-9-338 Legislative Findings - Rosa Parks

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The Legislature finds as follows as to Rosa Parks: (1) On December 1, 1955, Rosa Parks refused to give up her seat on a Montgomery bus. (2) This bold act led to the Montgomery bus boycott, a major event in the United States’ Civil Rights struggle. (3) Rosa Parks spent all of her …

Ala. Code § 41-9-338.1 Legislative Findings - Helen Keller

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The Legislature find as follows as to Helen Keller: (1) Helen Keller was born in Tuscumbia and, at age nineteen months, contracted an illness which left her deaf and blind. (2) How Helen Keller learned to communicate is a quintessential story of overcoming adversity and is inspir…

Ala. Code § 41-9-338.2 Creation; Composition; Meetings; Funding; Termination

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(a)(1) The Women’s Tribute Statue Commission is created to fund, commission, and place statues of Rosa Parks and Helen Keller. The statue of Rosa Parks shall be placed on the West front of the Capitol facing Bainbridge Street. The statue of Helen Keller shall be placed on the gro…

Ala. Code § 41-9-338.3 Placement of Statues

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The Alabama Historical Commission and the Division of Construction Management of the Department of Finance shall implement the placement of the statues on the grounds of the Capitol according to the recommendations and findings of the Women’s Tribute Statue Commission, as provide…

Ala. Code § 41-9-338.4 Exemption from Public Works Competitive Bid Laws

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(a) The Alabama Women’s Tribute Statue Commission is exempt from Chapter 2 of Title 39 for the purpose of procuring any contract to commission the creation and placement of statues or any works directly related to statues of Rosa Parks and Helen Keller on the grounds of the Capit…

Ala. Code § 41-9-340 Creation; Composition; Qualifications, Appointment, Terms of Office and Removal of Members; Vacancies

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(a) There is hereby created a state commission to be known as the “USS Alabama Battleship Commission.” The membership of the commission shall consist of 18 competent and qualified citizens of Alabama. The members shall be appointed by the Governor, with at least three being resid…

Ala. Code § 41-9-341 Members Not to Receive Pay, Etc.; Payment of Expenses of Members; Conflicts of Interest of Members or Employees of Commission; Penalty

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No member of the commission shall receive any pay or emolument for the discharge of his duties. Commission members and employees of the commission shall be reimbursed for actual expenses incurred on behalf of the commission in the development, operation, promotion, and expansion …

Ala. Code § 41-9-342 Meetings Generally; Quorum; Organization and Procedure; Seal; Officers; Requirement of Bond from Treasurer

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The commission shall hold an annual meeting at the site of the Battleship Memorial Park and one half of the members of the commission shall constitute a quorum for the transaction of business. Additional meetings may be held at such times and places within the State of Alabama as…

Ala. Code § 41-9-343 Executive Committee

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The commission may, at its discretion, create and provide for an executive committee of not fewer than five members and delegate to such committee such powers and authority as are deemed advisable by the commission; except, that the executive committee may not be empowered to iss…

Ala. Code § 41-9-344 Executive Director

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The commission may employ an executive director, who shall serve at the pleasure of the commission and who shall be responsible directly to the commission for the general supervision, promotion, and development of the battleship and of the state memorial park. The commission shal…

Ala. Code § 41-9-345 Employees

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The commission may hire such laborers, artisans, caretakers, technicians, stenographers and administrative employees, and supervisory and professional personnel as may be necessary or advisable for the carrying out in the most efficient and beneficial manner of the purposes and p…

Ala. Code § 41-9-346 Commission a Public Body Corporate

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The commission shall constitute a public body corporate and shall have, in addition to those set forth specifically in this article, all powers necessary or convenient to effect the purposes for which it has been established under and by the terms of this article, together with a…

Ala. Code § 41-9-347 Commission to Establish, Operate, Etc., Memorial Park and Acquire, Exhibit, Etc., Battleship Uss Alabama, Etc

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The commission shall establish, operate, and maintain a state memorial park to honor the Alabamians who participated in all armed conflicts of the United States, which shall be under the exclusive management and control of the commission as a separate agency of the state governme…

Ala. Code § 41-9-348 Commission to Be State Agency; Commission to Have Exclusive Control Over Battleship, Park, Etc

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The commission shall be a state agency and shall have exclusive control over the Battleship USS Alabama, the memorial park established under this article, any and all improvements and exhibits located thereon, and any additions constructed, created, leased, acquired, or erected i…

Ala. Code § 41-9-349 Powers and Duties of Commission Generally

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(a) The commission shall acquire the Battleship USS Alabama (BB60) for and on behalf of the State of Alabama and select and improve appropriate sites for the permanent or temporary berthing of the vessel, taking into consideration factors, including, but not limited to, the acces…

Ala. Code § 41-9-350 Maintenance and Audits of Records and Books of Account; Establishment, Etc., of Reserve Fund for Special Contingencies and Emergencies

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(a) The commission shall maintain books of account covering revenues derived by it from all sources whatsoever, together with accounts of all expenses incurred in connection with the carrying out by the commission of its purposes as established by and under the terms of this arti…

Ala. Code § 41-9-351 Commission May Provide for Insurance for Properties and Employees

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(a) The commission may provide insurance covering loss or damage to its properties or any properties of others in its custody, care, or control or any properties as to which it has any insurable interest caused by fire or other casualty and may likewise provide insurance for the …

Ala. Code § 41-9-352 Authority for Issuance and Sale of Revenue Bonds; Form, Terms, Denomination, Etc., Generally; Sale; Redemption; Payment of Principal and Interest on Bonds and Security Therefor

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The commission shall have the power and authority to issue and sell at any time and from time to time its revenue bonds for the purpose of providing funds to acquire, transport, outfit, renovate, maintain, improve, and berth the Battleship USS Alabama and to construct, improve, e…

Ala. Code § 41-9-353 Bonds and Other Obligations to Be Exclusively Obligations of Commission; Bonds and Coupons to Be Negotiable Instruments and to Constitute Legal Investments for Banks, Insurance Companies and Fiduciaries; Effect of Recital as to Issuance in Resolution Authorizing Bonds

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All obligations incurred by the commission and all bonds issued by it shall be solely and exclusively an obligation of the commission and shall not create an obligation or debt of the State of Alabama or any county or municipality therein. All bonds issued by the commission, whil…

Ala. Code § 41-9-354 Borrowing of Money from Private Sources, Etc., Authorized Generally; Pledge of Future Revenues from Admissions, Etc., as Security for Repayment of Such Loans

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The commission shall have the authority to borrow money from private sources, the state emergency fund or such other sources as may be acceptable to the commission under such terms and conditions as may be provided by law. In order to provide security for the repayment of any suc…

Ala. Code § 41-9-355 Loan from State Docks Department; Commission May Borrow from Banks Pending Such Loan and Pledge Loan as Security; $50,000.00 Outstanding Indebtedness Forgiven

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(a) At such time as existing revenue bond covenants of the Alabama State Docks Department are satisfied as a result of any refunding of revenue bond issues of the Alabama State Docks Department that are outstanding as of August 1, 1963, the Alabama State Docks Department shall lo…

Ala. Code § 41-9-356 Appropriations by Counties and Municipalities

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The county commissions of the several counties of the state and the city commissions, the city councils, and other like governing bodies of the cities and towns of the state are hereby authorized to make appropriations to the commission for the purposes enumerated in this article…

Ala. Code § 41-9-357 Battleship Fund

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The commission shall establish and maintain at such lawful depository or depositories in the State of Alabama as it shall select a “Battleship Fund,” composed of the money or moneys which may come into its hands from admissions, inspection fees, gifts, donations, grants, bequests…

Ala. Code § 41-9-358 Exemption from Taxation of Commission and Income, Properties, Etc., Thereof

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The commission shall have a tax exempt status, and the properties of the commission and the income therefrom, all lease agreements and contracts made by it, all bonds issued by it and the coupons applicable thereto and the income therefrom and all indentures executed with respect…