If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus, or prize, however denominated, the commercial telephone seller shall submit to the division a statement setting forth, for each item mentioned:
(1) A description of the item.
(2) The value or worth of the item and the basis for the valuation.
(3) All terms and conditions a purchaser is required to satisfy in order to receive the item. The statement shall be accompanied by a copy of the written statement of terms and conditions provided to purchasers pursuant to this chapter.
(4) If they are ascertainable, the odds, for a given purchaser, of receiving the item.
(5) If a purchaser is to receive fewer than all the items described by the seller:
a. The manner in which the commercial telephone seller decides which item a given purchaser is to receive.
b. If they are ascertainable, the odds, for a given purchaser, of receiving each item described.
c. The name and address of each person who has, during the preceding 12 months or any portion thereof in which the commercial telephone seller has done business, received each gift, premium, bonus, or prize. The provisions of this section shall not apply if the item is unconditionally offered to a purchaser as part of a sale and the buyer has seven days to return the goods or cancel the services and the right to receive a full refund in 30 days and the right to keep the item in that case without cost.
","history":"(Acts 1994, No. 94-650, p. 1220, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5092,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5012,"codeId":23792,"versionId":18843,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-14","shortTitle":"Section 8-19A-14","catchLine":"Contract Requirements; Credit Cards; Notice of Cancellation; Returns; Purchaser’s Rights.","title":"Section 8-19A-14 Contract Requirements; Credit Cards; Notice of Cancellation; Returns; Purchaser’s Rights.","sectionRange":null,"content":"(a) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation shall:
(1) Be reduced to writing and be signed by the purchaser.
(2) Match the description of the goods or services as that principally used in the telephone solicitation.
(3) Contain the name, address, telephone number, and registration number of the commercial telephone seller and the salesperson, the total price of the contract, and a detailed description of the goods or services being sold.
(4) Contain the value or worth of any item, good, or service specified in Section 8-19A-13, and the basis for the valuation.
(5) Contain all terms and conditions a purchaser is required to satisfy in order to receive any item, good, or service specified in Section 8-19A-13.
(6) Contain, if they are ascertainable, the odds, for a given purchaser, of receiving any item specified in Section 8-19A-13.
(7) Contain, if a purchaser is to receive fewer than all the items specified in Section 8-19A-13 described by the seller:
a. The manner in which the commercial telephone seller decides which item a given purchaser is to receive.
b. If they are ascertainable, the odds, for a given purchaser, of receiving each item described.
(8) Contain, in at least 12-point type, immediately preceding the signature, the following statement: “You are not obligated to pay any money unless you sign this contract and return it to the commercial telephone seller.”
(9) Not exclude from its terms any oral or written representations made by the commercial telephone seller or salesperson to the purchaser in connection with the transaction.
(b) A commercial telephone seller who engages a salesperson to make, or cause to be made, a telephone sales call shall not make or submit any charge to the purchaser’s credit card account until after the commercial telephone seller receives from the purchaser a copy of the contract which complies with this section. The commercial telephone seller shall then send the purchaser a written confirmation of the sale.
(c) The written contract shall contain an explanation of the purchaser’s rights under this section and a statement indicating when notice of cancellation is required to be sent. The purchaser may give notice of cancellation to the commercial telephone seller in writing within three business days after receipt of the confirmation. If the commercial telephone seller has not provided an address for receipt of the notice, cancellation is effective by mailing the notice to the division.
(d) Notice of cancellation by the commercial telephone seller shall be given by certified mail, return receipt requested, and shall be effective when mailed. Notice of cancellation given by the purchaser need not take a particular form and is sufficient if it indicates, by any form of written expression, the name and address of the purchaser and the purchaser’s stated intention not to be bound by the sale.
(e) If a commercial telephone seller violates this act in making a sale, or fails to deliver an item within 30 calendar days, the contract is voidable by giving notice to the commercial telephone seller, and the purchaser is entitled to a return from the seller, within 14 days, of all consideration paid. Notice of cancellation given by the purchaser need not take a particular form and is sufficient given orally or in writing. Upon receipt by the purchaser of the consideration paid to the commercial telephone seller, the purchaser shall return to the commercial telephone seller the items received by the purchaser. Any cost of returning the items received by the purchaser shall be borne by the commercial telephone seller, by providing or guaranteeing payment for return shipping. If the payment is not provided or guaranteed, the purchaser may keep, without further obligation, the items received.
(f) A person who purchases goods or services pursuant to a solicitation governed by this chapter shall be given a refund, credit, or replacement, at his or her option, if:
(1) The goods or services are defective, are not as represented, or if any item described pursuant to this chapter is not received as promised.
(2) He or she returns the goods or makes a written request for the refund, credit, or replacement within seven days after he or she receives the goods or services. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this section.
(g) If a purchaser of goods returns only a portion of the goods, the refund, credit, or replacement required by this section may be prorated accordingly.
(h) The refund, credit, or replacement required by this section shall be guaranteed by the commercial telephone seller who made the sale, regardless of whether payment for the goods or services is made to that person.
(i) Any contract, agreement to purchase, or written confirmation executed by a seller which purports to waive the purchaser’s rights under this chapter is against public policy and shall be unenforceable, provided that an agreement between a purchaser and commercial telephone seller to extend the delivery time of an item to more than 30 days shall be enforceable if the commercial telephone seller has a reasonable basis to expect that he or she will be unable to ship the item within 30 days and if the agreement is included in the terms of the written confirmation.
(j) Where a contract or agreement to purchase confers on a purchaser greater rights to cancellation, refund, or return than those enumerated in this chapter, the contract shall be enforceable and not in violation of this chapter, provided that all rights under a contract or agreement to purchase shall be specifically stated in a written confirmation sent pursuant to this section.
(k) The provisions of this section shall not reduce, restrict, or eliminate any existing rights or remedies available to purchasers.
(l) Any sale in which the consumer is given a full refund or credit for the return of undamaged and unused goods, or a cancellation of services notice is given to the seller, within seven days after receipt of the goods or services by the consumer, is exempt from the requirements of subsections (a) to (e), inclusive, and the seller shall process the refund or credit to the consumer’s credit card account within 30 days after receipt of the returned merchandise by the consumer or within 30 days after receipt of the cancellation notice from the consumer, process the refund or credit to the consumer’s credit card account for any services not yet performed or a pro rata refund or credit to the consumer’s credit card for any services not yet performed for the consumer.
","history":"(Acts 1994, No. 94-650, p. 1220, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5093,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5013,"codeId":23794,"versionId":18845,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-15","shortTitle":"Section 8-19A-15","catchLine":"Violations.","title":"Section 8-19A-15 Violations.","sectionRange":null,"content":"(a) It shall be unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment.
(b) It shall be unlawful for any commercial telephone seller to employ, or be affiliated with, any unlicensed salesperson.
(c) It shall be unlawful for any salesperson to be employed by, or affiliated with, an unlicensed commercial telephone seller.
(d) It shall be unlawful for any commercial telephone seller or salesperson to be unlicensed.
(e) It shall be unlawful for any salesperson or commercial telephone seller to otherwise violate this chapter.
","history":"(Acts 1994, No. 94-650, p. 1220, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5094,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5014,"codeId":23796,"versionId":18846,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-16","shortTitle":"Section 8-19A-16","catchLine":"Enforcement Procedures.","title":"Section 8-19A-16 Enforcement Procedures.","sectionRange":null,"content":"(a) If, by his or her own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in a practice that violates this chapter, he or she may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within 10 days after the service of a subpoena or at any time before the return date specified therein, whichever is longer, the party served may file in the circuit court in the county in which he or she resides or in which he or she transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege which would be available under this chapter or upon service of the subpoena in a civil action. The subpoena shall inform the party served of his or her rights under this subsection.
(b) If matter that the enforcing authority seeks to obtain by subpoena is located outside the state, the person subpoenaed may make it available to the enforcing authority or his or her representative to examine the matter at the place where it is located. The enforcing authority may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his or her behalf, and he or she may respond to similar requests from officials of other states.
(c) Upon failure of a person, without lawful excuse, to obey a subpoena and upon reasonable notice to all persons affected, the enforcing authority may apply to the circuit court for an order compelling compliance.
","history":"(Acts 1994, No. 94-650, p. 1220, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5095,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5015,"codeId":23797,"versionId":18848,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-17","shortTitle":"Section 8-19A-17","catchLine":"Actions by Enforcing Authority.","title":"Section 8-19A-17 Actions by Enforcing Authority.","sectionRange":null,"content":"The division may bring:
(1) An action to obtain a declaratory judgment that an act or practice violates this chapter.
(2) An action to enjoin any person who has violated or is violating this chapter.
(3) An action on behalf of one or more purchasers for the actual damages caused by an act or practice performed in violation of this chapter. This action may include, but is not limited to, an action to recover against a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter. Upon motion of the enforcing authority in any action brought under this section, the court may make appropriate orders, including appointment of a master or receiver or sequestration of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction in accordance with the consumer’s reasonable expectations, or to grant other appropriate relief. The court may assess the expenses of a master or receiver against a commercial telephone seller. Any injunctive order, whether temporary or permanent, issued by the court shall be effective throughout the state unless otherwise provided in the order.
","history":"(Acts 1994, No. 94-650, p. 1220, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5096,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5016,"codeId":23799,"versionId":18850,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-18","shortTitle":"Section 8-19A-18","catchLine":"Civil Penalties; Recovery of Penalties.","title":"Section 8-19A-18 Civil Penalties; Recovery of Penalties.","sectionRange":null,"content":"(a) Any person who engages in any act or practices that violate this chapter is liable for a civil penalty of up to ten thousand dollars ($10,000) for each violation.
(b) The civil penalty may be recovered by any of the following:
(1) Civil action against the person engaging in the violative act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person engaging in the violative act or practice and the director of the division by authority of the Attorney General, and by payment of any agreed upon amount by the person against whom the claim was filed.
(3) The settlement of a claim against a person for violation of this chapter before civil action is filed by agreement upon terms and by the payment of any settlement amount agreed upon by the person and the director of the division by authority of the Attorney General.
(c) Upon ceasing the violative act or practice and agreeing to desist therefrom, and upon the payment of the settlement or stipulated amount to the office of the Attorney General by the person in violation, the director of the division may terminate the investigation or prosecution of any civil action or proposed action.
(d) The division or the court may waive any civil penalty or other claims, or costs if the person has previously made full restitution or reimbursement or has paid actual damages to the purchasers who have been injured by the act or practice in violation of this chapter.
(e) All amounts recovered and all monies paid under this chapter shall be deposited into the State General Fund and are appropriated as received hereby to the Attorney General’s Special Revenue Account for implementing and enforcing this chapter.
Notwithstanding the provisions of this subsection (e), one half of the licensing fee collected under subdivision (2) of subsection (b) of Section 8-19A-7 shall be remitted to the treasury of the county within the State of Alabama in which the business is licensed.
","history":"(Acts 1994, No. 94-650, p. 1220, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5097,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5017,"codeId":23801,"versionId":18852,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-19","shortTitle":"Section 8-19A-19","catchLine":"Attorney’s Fees and Costs.","title":"Section 8-19A-19 Attorney’s Fees and Costs.","sectionRange":null,"content":"(a) In any civil action or investigation resulting from a transaction involving a violation of this chapter, except as provided in subsection (c), the division shall receive reasonable attorney’s fees and costs from the nonprevailing party. The amounts appropriated for those purposes in this chapter are in addition to all monies heretofore and hereafter appropriated in any special or general appropriation act to the Attorney General’s Special Revenue Account which is a revolving fund in which the Attorney General is authorized to make deposits and withdrawals from time to time so that the account operates on a revolving basis for expenditure for administration and future civil and criminal investigation and prosecution, and all balances of revenue, income, and receipts remaining at the end of the fiscal year shall carry over to the next fiscal year and shall not revert to the State General Fund or any other fund under Section 41-4-93.
(b) Any award of attorney’s fees or costs shall become a part of the judgment and subject to execution as the law allows.
(c) In any civil litigation initiated by the division resulting in a judgment or administrative order, the court may award to the prevailing party reasonable attorney’s fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.
(d) The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred.
","history":"(Acts 1994, No. 94-650, p. 1220, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5098,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5018,"codeId":23803,"versionId":18854,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-20","shortTitle":"Section 8-19A-20","catchLine":"Criminal Prosecuting Authority.","title":"Section 8-19A-20 Criminal Prosecuting Authority.","sectionRange":null,"content":"The division or other enforcing authority shall have criminal prosecuting authority concerning the violations of this chapter or of any rule or order hereunder. In addition to any other action, the division or other enforcing authority may bring an action against any person to enjoin, restrain, and prevent the doing of any act or practice herein prohibited or declared unlawful.
","history":"(Acts 1994, No. 94-650, p. 1220, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5099,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5019,"codeId":23805,"versionId":18856,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-21","shortTitle":"Section 8-19A-21","catchLine":"Criminal Penalties.","title":"Section 8-19A-21 Criminal Penalties.","sectionRange":null,"content":"(a) No salesperson shall solicit purchasers on behalf of a commercial telephone seller who is not currently licensed with the division pursuant to this chapter. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(b) No commercial telephone seller shall employ or be affiliated with a salesman who is soliciting purchasers and who is not currently licensed with the division pursuant to this chapter. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(c) No commercial telephone seller or salesperson shall solicit without a license. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(d) Any commercial telephone seller or salesperson who falsifies information on an application commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(e) Except as provided in subsections (a), (b), (c), or (d), any person who otherwise violates any provision of this chapter or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any commercial telephone seller commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.
(f) Any person who is convicted of a second or subsequent violation of this chapter commits a Class B felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. A conviction shall include a finding of guilt where adjudication has been withheld.
(g) Any person who violates this chapter shall also be guilty of a violation of Sections 8-19-1 to 8-19-15, inclusive.
","history":"(Acts 1994, No. 94-650, p. 1220, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5100,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5020,"codeId":23807,"versionId":18857,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-22","shortTitle":"Section 8-19A-22","catchLine":"Civil Proceeding Burden of Proof; Criminal Proceeding Burden of Producing Evidence.","title":"Section 8-19A-22 Civil Proceeding Burden of Proof; Criminal Proceeding Burden of Producing Evidence.","sectionRange":null,"content":"In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption specified in Section 8-19A-4 or that the person or entity is not otherwise subject to this chapter is upon the person or entity claiming the exemption. In any criminal proceeding alleging a violation of this chapter, the burden of producing evidence to support a defense based upon an exemption specified in Section 8-19A-4 or that the person or entity is not subject to this chapter is upon the person or entity claiming the defense.
","history":"(Acts 1994, No. 94-650, p. 1220, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5101,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5021,"codeId":23808,"versionId":18858,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-23","shortTitle":"Section 8-19A-23","catchLine":"Injured Person’s Right of Recovery; Deceptive Trade Practices Act.","title":"Section 8-19A-23 Injured Person’s Right of Recovery; Deceptive Trade Practices Act.","sectionRange":null,"content":"In addition to any other penalties or remedies provided under law, a person who is injured by a violation of this chapter may bring a civil action for recovery of actual damages and any damages that would be available at common law or by statute, including actual costs, court costs, and attorney’s fees. No provision in this chapter shall be construed to limit any right or remedy provided under law. Any violation of this chapter shall also be considered a violation of the Deceptive Trade Practices Act, Section 8-19-1, et seq.
","history":"(Acts 1994, No. 94-650, p. 1220, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5102,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5022,"codeId":23810,"versionId":18859,"parentId":23766,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19A-24","shortTitle":"Section 8-19A-24","catchLine":"Rules.","title":"Section 8-19A-24 Rules.","sectionRange":null,"content":"The division shall promulgate rules to implement and administer this chapter.
","history":"(Acts 1994, No. 94-650, p. 1220, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5103,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5023,"codeId":23814,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"19B","shortTitle":"Chapter 19B","catchLine":"Unauthorized Changing of Provider of Telecommunication Services.","title":"Chapter 19B Unauthorized Changing of Provider of Telecommunication Services.","sectionRange":"§8-19B-1","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5104,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5024,"codeId":23815,"versionId":18860,"parentId":23814,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19B-1","shortTitle":"Section 8-19B-1","catchLine":"Change in Telecommunication Service.","title":"Section 8-19B-1 Change in Telecommunication Service.","sectionRange":null,"content":"(a) It shall be unlawful for any person or provider of telecommunication service to knowingly designate or change the provider of telecommunication service to a subscriber without the permission or authorization of such subscriber. An affirmative order for designation or change in such service provider shall be confirmed by any of the following methods:
(1) Obtaining the consumer’s written authorization.
(2) Obtaining the consumer’s electronic authorization by use of an 800 number.
(3) Having the consumer’s oral authorization verified by an independent third party.
(4) Sending an information package, including a prepaid, returnable postcard, within three days of the consumer’s request for a PIC change, and waiting 14 days before submitting the consumer’s order to the LEC, so that the consumer has sufficient time to return the postcard denying, cancelling, or confirming the change order.
(b) Any person or provider of telecommunication service knowingly designating or changing the subscriber’s telecommunication service provider in violation of subsection (a) shall credit or refund to the subscriber any amounts billed or paid for charges associated with such service and the unauthorized change, shall pay to other telecommunication providers any and all fees set by the Public Service Commission for such designation or change, and may be penalized up to five hundred dollars ($500) per unauthorized change by the Public Service Commission to be deposited to the State General Fund.
(c) The use of contest or sweepstake entries of any kind which results in changing the provider of a subscriber’s telecommunication service is prohibited and subject to penalties as described above.
(d) This section shall be enforced by the Public Service Commission. The commission may promulgate rules and regulations pursuant to this section.
","history":"(Acts 1997, No. 97-412, p. 678 §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5105,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5025,"codeId":29389,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"19C","shortTitle":"Chapter 19C","catchLine":"Telephone Solicitations.","title":"Chapter 19C Telephone Solicitations.","sectionRange":"§8-19C-1 to §8-19C-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5106,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5026,"codeId":29390,"versionId":24036,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-1","shortTitle":"Section 8-19C-1","catchLine":"Legislative Findings.","title":"Section 8-19C-1 Legislative Findings.","sectionRange":null,"content":"The Legislature of Alabama finds all of the following:
(1) The use of the telephone to market goods and services to the home is pervasive now due to the increased use of cost-effective telemarketing techniques.
(2) Over 30,000 businesses actively telemarket goods and services to business and residential customers.
(3) Everyday, over 300,000 solicitors place calls to more than 18 million Americans, including citizens of this state.
(4) Telemarketing, however, can be an intrusive and relentless invasion of the privacy and peacefulness of the home.
(5) Many citizens of this state are outraged over the proliferation of nuisance calls to their homes from telemarketers.
(6) Privacy rights and commercial freedom of speech of individuals can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices.
(7) It is in the public interest to establish a mechanism under which the individual citizens of this state can decide whether or not to receive telemarketing calls in their homes.
","history":"(Act 99-450, p. 1043, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5107,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5027,"codeId":29391,"versionId":24037,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-2","shortTitle":"Section 8-19C-2","catchLine":"Database of Subscribers Objecting to Telephone Solicitations.","title":"Section 8-19C-2 Database of Subscribers Objecting to Telephone Solicitations.","sectionRange":null,"content":"(a) No person or entity may make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the commission of his or her objection to receiving telephone solicitations.
(b)(1) The commission shall establish and operate a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations. The commission shall have the database in operation before July 1, 2000.
(2) The database may be operated by the commission or by another entity under contract with the commission.
(3) Before July 1, 2000, the commission shall promulgate regulations which shall include all of the following:
a. A requirement that each local exchange company and each competing local exchange carrier shall inform on an annual basis its residential subscribers of the opportunity to provide notification to the commission or its contractor that the subscriber objects to receiving telephone solicitations.
The information shall be disseminated at the option of the carrier by television, radio, or newspaper advertisements; written correspondence; bill insert or messages; telephone book subscription forms; or any other method not expressly prohibited.
b. Methods by which each residential subscriber may give notice to the commission or its contractor of his or her objection to receiving solicitations or revocation of the notice.
c. Methods by which a notice of objection becomes effective and the effect of a change of telephone number on the notice.
d. Methods by which objections and revocations are collected and added to the database.
e. Methods by which a person or entity desiring to make telephone solicitations may obtain access to the database as required to avoid calling the telephone numbers of residential subscribers included in the database.
f. All other matters relating to the database that the commission deems necessary.
(4) If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of the single national database that relates to Alabama in the database established under this section.
","history":"(Act 99-450, p. 1043, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5108,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5028,"codeId":29392,"versionId":24038,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-3","shortTitle":"Section 8-19C-3","catchLine":"Database Fees.","title":"Section 8-19C-3 Database Fees.","sectionRange":null,"content":"(a) The commission shall have the authority to charge a residential subscriber a fee every two years payable to the commission for each notice for inclusion on the database established pursuant to this chapter. The commission shall also have the authority to charge a person or entity desiring to make telephone solicitations a fee per year payable to the commission for access to, or for paper or electronic copies of the database established pursuant to this chapter. Any fee established by the commission shall be subject to the approval of the Legislative Council.
(b) The commission shall update its “no sales solicitation calls” listing upon receipt of initial consumer subscriptions or renewals and provide this listing for a fee, pursuant to subsection (a).
(c) All fees collected under this chapter shall be deposited into a separate fund in the State Treasury to be expended by the commission for the implementation and administration of this chapter. At the end of each fiscal year, unexpended monies remaining in the fund shall not revert to any other fund of the state, but shall remain available for appropriation. The Legislature shall annually appropriate from the fund the amount necessary for the administration of this chapter to the commission subject to the provisions, terms, conditions, and limitations of the Budget and Financial Control Act, Sections 41-4-80 et seq., Sections 41-19-1 et seq., and any other provisions of this chapter.
","history":"(Act 99-450, p. 1043, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5109,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5029,"codeId":29393,"versionId":24039,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-4","shortTitle":"Section 8-19C-4","catchLine":"Disclosure of Information.","title":"Section 8-19C-4 Disclosure of Information.","sectionRange":null,"content":"Information contained in the database established pursuant to this chapter may be used only for the purpose of compliance with this chapter or in a proceeding or action pursuant to Section 8-19C-6 or 8-19C-7. The information shall not be subject to public inspection or disclosure.
","history":"(Act 99-450, p. 1043, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5110,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5030,"codeId":29394,"versionId":24040,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-5","shortTitle":"Section 8-19C-5","catchLine":"Identification by Telephone Solicitors Required.","title":"Section 8-19C-5 Identification by Telephone Solicitors Required.","sectionRange":null,"content":"(a) Any person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state shall identify himself or herself as provided under Section 8-19A-12.
(b) No person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state may knowingly utilize a method to block or otherwise circumvent the use of a caller identification service by the subscriber.
","history":"(Act 99-450, p. 1043, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5111,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5031,"codeId":29395,"versionId":24041,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-6","shortTitle":"Section 8-19C-6","catchLine":"Violations.","title":"Section 8-19C-6 Violations.","sectionRange":null,"content":"The commission may commence proceedings in the circuit court in the county relating to a knowing violation or threatened knowing violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5. Proceedings which the commission may commence, include, without limitation, issuance of a cease and desist order or issuance of an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each violation. The proceedings shall be brought in the name of the state. The commission may issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5.
","history":"(Act 99-450, p. 1043, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5112,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5032,"codeId":29396,"versionId":24042,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-7","shortTitle":"Section 8-19C-7","catchLine":"Action to Enjoin Violations.","title":"Section 8-19C-7 Action to Enjoin Violations.","sectionRange":null,"content":"A person who has received more than one telephone solicitation within a 12-month period by or on behalf of the same person or entity in violation of subsection (a) of Section 8-19C-2 or Section 8-19C-5 may bring an action to enjoin the violation; bring an action to recover for actual monetary loss from the knowing violation or to receive up to two thousand dollars ($2,000) in damages for each knowing violation, whichever is greater; or bring both actions.
","history":"(Act 99-450, p. 1043, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5113,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5033,"codeId":29397,"versionId":24043,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-8","shortTitle":"Section 8-19C-8","catchLine":"Defenses.","title":"Section 8-19C-8 Defenses.","sectionRange":null,"content":"It shall be a defense in any action or proceeding brought under Section 8-19C-6 or Section 8-19C-7 that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this chapter.
","history":"(Act 99-450, p. 1043, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5114,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5034,"codeId":29398,"versionId":24044,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-9","shortTitle":"Section 8-19C-9","catchLine":"Limitations.","title":"Section 8-19C-9 Limitations.","sectionRange":null,"content":"No action or proceeding may be brought under Section 8-19C-6 or Section 8-19C-7 more than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or more than two years after the termination of any proceeding or action by the state, whichever is later.
","history":"(Act 99-450, p. 1043, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5115,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5035,"codeId":29399,"versionId":24045,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-10","shortTitle":"Section 8-19C-10","catchLine":"Jurisdiction.","title":"Section 8-19C-10 Jurisdiction.","sectionRange":null,"content":"A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this chapter.
","history":"(Act 99-450, p. 1043, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5116,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5036,"codeId":29400,"versionId":24046,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-11","shortTitle":"Section 8-19C-11","catchLine":"Remedies Not Exclusive.","title":"Section 8-19C-11 Remedies Not Exclusive.","sectionRange":null,"content":"The remedies, duties, prohibitions, and penalties of Sections 8-19C-2 to 8-19C-10, inclusive, of this chapter shall not be exclusive and shall be in addition to all other causes of action, remedies, and penalties provided by law.
","history":"(Act 99-450, p. 1043, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5117,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5037,"codeId":29401,"versionId":24047,"parentId":29389,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19C-12","shortTitle":"Section 8-19C-12","catchLine":"Liability.","title":"Section 8-19C-12 Liability.","sectionRange":null,"content":"No provider of telephone caller identification service, local exchange telephone company, or long distance telephone company may be held liable for violations of this chapter committed by other persons or entities.
","history":"(Act 99-450, p. 1043, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5118,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5038,"codeId":29402,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"19D","shortTitle":"Chapter 19D","catchLine":"Civil Action for Deceptive Sweepstakes Solicitation.","title":"Chapter 19D Civil Action for Deceptive Sweepstakes Solicitation.","sectionRange":"§8-19D-1 to §8-19D-2","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5119,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5039,"codeId":29403,"versionId":24048,"parentId":29402,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19D-1","shortTitle":"Section 8-19D-1","catchLine":"Definitions.","title":"Section 8-19D-1 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following words shall have the following meanings:
(1) PERSON. An individual, corporation, company, partnership, estate, trust, association, foundation, cooperative, or any other legal entity.
(2) PRIZE. Any item of value given to a winner in a sweepstakes who has been selected on the basis of lot or chance.
(3) QUALIFYING LANGUAGE. The language in the solicitation that accompanies the representation that the person being solicited has won or has been selected to receive a prize and that indicates the circumstances or provisions under which the person being solicited will be eligible to receive the prize. The term includes, but is not limited to, language which requires the person to perform some act, to submit information, to hold the winning number, or for the person’s assigned numbers to be drawn by the sponsor of the sweepstakes.
(4) SWEEPSTAKES. A legal contest or game where anything of value is distributed by lot or chance.
","history":"(Act 99-445, p. 1012, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5120,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5040,"codeId":29404,"versionId":24049,"parentId":29402,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19D-2","shortTitle":"Section 8-19D-2","catchLine":"Deceptive Solicitations; Action for Damages.","title":"Section 8-19D-2 Deceptive Solicitations; Action for Damages.","sectionRange":null,"content":"(a) It shall be unlawful for any person to solicit or sell a product or service through the mail by implying or expressly representing in the solicitation that the person being solicited has won or has been selected to receive a prize or purported prize unless the qualifying language appears in print that is clear, easily read, and conspicuous.
(b) A person who suffers damage as a result of a violation of subsection (a) may bring a civil action against the sponsor or promoter of the solicitation, or both. Damages shall not exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater.
","history":"(Act 99-445, p. 1012, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5121,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5041,"codeId":37982,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"19E","shortTitle":"Chapter 19E","catchLine":"Sale of Admission Tickets.","title":"Chapter 19E Sale of Admission Tickets.","sectionRange":"§8-19E-1 to §8-19E-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5122,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5042,"codeId":37983,"versionId":30727,"parentId":37982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19E-1","shortTitle":"Section 8-19E-1","catchLine":"Purchase Price Printed on Face of Ticket.","title":"Section 8-19E-1 Purchase Price Printed on Face of Ticket.","sectionRange":null,"content":"Admission tickets to any athletic contest, dance, theater, concert, circus, or other amusement shall have the price paid for the ticket, excluding order processing and delivery charges, printed on the face of the ticket.
","history":"(Act 2009-568, p. 1670, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5123,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5043,"codeId":37984,"versionId":30728,"parentId":37982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19E-2","shortTitle":"Section 8-19E-2","catchLine":"Resale of Admission Ticket.","title":"Section 8-19E-2 Resale of Admission Ticket.","sectionRange":null,"content":"An admission ticket that was originally issued, sold, or authorized by the organizer or venue to any athletic contest, dance, theater, concert, circus, or other amusement may be resold for an amount in excess of the price printed on the face of the ticket.
","history":"(Act 2009-568, p. 1670, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5124,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5044,"codeId":37985,"versionId":30729,"parentId":37982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19E-3","shortTitle":"Section 8-19E-3","catchLine":"Sale of Counterfeit Admission Ticket.","title":"Section 8-19E-3 Sale of Counterfeit Admission Ticket.","sectionRange":null,"content":"(a) Any person who sells a counterfeit admission ticket, upon conviction, shall be guilty of forgery in the third degree which is a Class A misdemeanor.
(b) A license inspector may issue citations and otherwise enforce this chapter under the authority granted pursuant to Section 40-12-10.
","history":"(Act 2009-568, p. 1670, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5125,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5045,"codeId":37986,"versionId":30730,"parentId":37982,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19E-4","shortTitle":"Section 8-19E-4","catchLine":"License Not Required for Internet or Electronic Sales.","title":"Section 8-19E-4 License Not Required for Internet or Electronic Sales.","sectionRange":null,"content":"An individual reselling admission tickets through an Internet website or other electronic means shall not be required to obtain a business license under Section 40-12-167.
","history":"(Act 2009-568, p. 1670, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5126,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5046,"codeId":51418,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"19F","shortTitle":"Chapter 19F","catchLine":"Fantasy Contests Act.","title":"Chapter 19F Fantasy Contests Act.","sectionRange":"§8-19F-1 to §8-19F-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5127,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5047,"codeId":51419,"versionId":44076,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-1","shortTitle":"Section 8-19F-1","catchLine":"Short Title.","title":"Section 8-19F-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Fantasy Contests Act.
","history":"(Act 2019-343, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5128,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5048,"codeId":51420,"versionId":44077,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-2","shortTitle":"Section 8-19F-2","catchLine":"Definitions.","title":"Section 8-19F-2 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following terms shall have the following meanings:
(1) CONFIDENTIAL INFORMATION. Information related to the play of a fantasy contest by fantasy contest players obtained as a result of, or by virtue of, a person’s employment.
(2) ENTRY FEE. Cash or cash equivalent that is required to be paid by a fantasy contest player to a fantasy contest operator in order to participate in a fantasy contest.
(3) FANTASY CONTEST. A simulated game of skill in which both of the following are true:
a. Winning outcomes are determined predominately by accumulated statistical results of performance of individual athletes in actual sporting events.
b. Winning outcomes are not based on the score, point spread, or any performance of any single actual sports team or combination of teams or solely on any single performance of an individual athlete in any single sporting event.
(4) FANTASY CONTEST OPERATOR. A person or entity that offers fantasy contests with an entry fee for a cash prize to the general public.
(5) FANTASY CONTEST PLAYER. A person who participates in a fantasy contest offered by a fantasy contest operator.
(6) GROSS FANTASY CONTEST REVENUES. The amount equal to the total of all entry fees that a fantasy contest operator collects from all fantasy contest players, less the total of all sums paid out as winning to all fantasy contest players multiplied by the location percentage for this state.
(7) LOCATION PERCENTAGE. The percentage, rounded to the nearest tenth of a percent, of the total of all entry fees collected from fantasy contest players located in this state, divided by the total entry fees collected from all fantasy contest players in fantasy contests.
(8) NATIONAL GROSS FANTASY CONTEST REVENUES. The amount equal to the total of all entry fees that a fantasy contest operator collects from all fantasy contest players located in the United States, less the total of all sums paid out as winnings to all fantasy contest players.
(9) REGULATOR. The Office of the Attorney General.
","history":"(Act 2019-343, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5129,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5049,"codeId":51421,"versionId":44078,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-3","shortTitle":"Section 8-19F-3","catchLine":"Registration of Operators; Fees; Taxes.","title":"Section 8-19F-3 Registration of Operators; Fees; Taxes.","sectionRange":null,"content":"(a)(1) No fantasy contest operator shall offer any fantasy contest with an entry fee in this state without first being registered with the regulator. Applications for registration and renewal shall be under oath, in the form prescribed by the Attorney General. The regulator shall make applications for operators available by November 27, 2019.
(2) A fantasy contest operator that offered fantasy contests in this state prior to May 1, 2016, may operate fantasy contests in this state on May 31, 2019, provided the operator files an application for registration with the regulator within 60 days of availability of the application.
(b) The regulator may not adopt rules limiting or regulating the rules or administration of an individual fantasy contest, the statistical makeup of a fantasy contest, or the digital platform of a fantasy contest operator.
(c) At the time of initial registration to offer fantasy contests with an entry fee in this state, a fantasy contest operator shall pay to the regulator an initial registration fee as follows:
(1) A fantasy contest operator that has national gross fantasy contest revenues in excess of ten million dollars ($10,000,000) shall pay an initial registration fee of eighty-five thousand dollars ($85,000). A fantasy contest operator registered under this subdivision shall pay to the regulator an annual registration renewal fee of eighty-five thousand dollars ($85,000).
(2) All other fantasy contest operators shall pay an initial registration fee of one thousand dollars ($1,000). A fantasy contest operator registered under this subdivision shall pay to the regulator an annual registration renewal fee of one thousand dollars ($1,000).
(d) On the anniversary date of the fantasy contest operator’s registration, the fantasy contest operator shall annually pay a tax equal to ten and one-half percent of the fantasy contest operator’s gross fantasy contest revenues from the immediately preceding 12-month period. The revenues shall be deposited to the credit of the state General Fund.
(e) Any operator applying for registration, renewal, or transfer of a registration may operate during the application period unless the regulator has reasonable cause to believe that the operator is or may be in violation of this chapter, and the regulator requires the operator to suspend the operation of any fantasy contest until registration, transfer, or renewal of registration is approved.
","history":"(Act 2019-343, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5130,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5050,"codeId":51422,"versionId":44079,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-4","shortTitle":"Section 8-19F-4","catchLine":"Fantasy Constest Procedure Requirements.","title":"Section 8-19F-4 Fantasy Constest Procedure Requirements.","sectionRange":null,"content":"A fantasy contest operator who operates fantasy contests with an entry fee shall implement commercially reasonable procedures that are intended to accomplish all of the following:
(1) Prevent the fantasy contest operator, employees of the fantasy contest operator, and relatives living in the same household as the employees, from competing in any public fantasy contest offered by any fantasy contest operator in which the operator offers a cash prize to the general public.
(2) Prevent sharing of confidential information that could affect fantasy contest play with third parties until information is made publicly available.
(3) Verify that a fantasy contest player in a fantasy contest is 19 years of age or older.
(4) Prevent the fantasy contest operator from offering contests based on the performances of participants in high school or youth athletic events.
(5) Prevent the fantasy contest operator from offering a fantasy contest open to the general public that does not establish and make known all prizes and awards offered to winning participants in advance of the game or contest.
(6) Provide that no winning outcome is based on the score, point spread, or any performance of any single actual sports team or combination of teams or solely on any single performance of an individual athlete or participant in any single actual event.
(7) Ensure that an individual who is a player in a real-world game or sporting event is restricted from participating in a fantasy contest that is determined, in whole or in part, on the accumulated statistical results of that player, the player’s real-world team, or the sport or competition for which he or she is a player.
(8) Allow individuals to restrict themselves from entering a fantasy contest upon request and provide reasonable steps to prevent the person from entering fantasy contests offered by the fantasy contest operator.
(9) Disclose the number of entries that a fantasy contest player may submit to each fantasy contest and provide reasonable steps to prevent players from submitting more than the allowable number.
(10) Segregate fantasy contest player funds from operational funds or maintain a reserve that equals or exceeds the amount of player funds on deposit, which reserve may not be used for operational activities. These reserve funds may take the form of cash, cash equivalents, an irrevocable letter of credit, a bond, payment processor reserves and receivables, or a combination thereof, in the amount that shall exceed the total balances of the fantasy contest players’ accounts.
(11) A fantasy contest operator offering fantasy contests with an entry fee in this state shall contract with a third party to annually perform an independent audit, consistent with the standards established by the American Institute of Certified Public Accountants, to ensure compliance with this chapter and shall submit the results of the audit to the regulator within 270 days of the end of the operator’s fiscal year.
(12) A fantasy contest operator offering fantasy contests with an entry fee in this state shall not target minors or other excluded players in any advertising.
","history":"(Act 2019-343, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5131,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5051,"codeId":51423,"versionId":44080,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-5","shortTitle":"Section 8-19F-5","catchLine":"Deceptive Trade Practices.","title":"Section 8-19F-5 Deceptive Trade Practices.","sectionRange":null,"content":"A violation of this chapter is a deceptive trade practice under the Deceptive Trade Practices Act, Chapter 19 of this title.
","history":"(Act 2019-343, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5132,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5052,"codeId":51424,"versionId":44081,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-6","shortTitle":"Section 8-19F-6","catchLine":"Construction of Chapter.","title":"Section 8-19F-6 Construction of Chapter.","sectionRange":null,"content":"The provisions of this chapter shall be construed liberally to promote the general welfare of the public and integrity of the fantasy sports industry.
","history":"(Act 2019-343, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5133,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5053,"codeId":51425,"versionId":44082,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-7","shortTitle":"Section 8-19F-7","catchLine":"Rulemaking Authority.","title":"Section 8-19F-7 Rulemaking Authority.","sectionRange":null,"content":"The Office of the Attorney General may adopt rules to implement and administer this chapter.
","history":"(Act 2019-343, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5134,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5054,"codeId":51426,"versionId":44083,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-8","shortTitle":"Section 8-19F-8","catchLine":"Applicability of Gambling Statutes.","title":"Section 8-19F-8 Applicability of Gambling Statutes.","sectionRange":null,"content":"Article 2 of Chapter 12 of Title 13A does not apply to a fantasy contest.
","history":"(Act 2019-343, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5135,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5055,"codeId":51427,"versionId":44084,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-9","shortTitle":"Section 8-19F-9","catchLine":"Exclusion from Lottery or Gift Enterprise Provisions.","title":"Section 8-19F-9 Exclusion from Lottery or Gift Enterprise Provisions.","sectionRange":null,"content":"A fantasy contest offered pursuant to this chapter does not constitute a lottery or gift enterprise pursuant to Section 65 of the Constitution of Alabama of 2022.
","history":"(Act 2019-343, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5136,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5056,"codeId":51428,"versionId":44085,"parentId":51418,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19F-10","shortTitle":"Section 8-19F-10","catchLine":"Relation to Other Laws.","title":"Section 8-19F-10 Relation to Other Laws.","sectionRange":null,"content":"Nothing in this chapter shall be construed to alter the existing authority of the state or any state official with respect to any matter other than fantasy contests as defined in this chapter.
","history":"(Act 2019-343, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5137,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5057,"codeId":60006,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"19G","shortTitle":"Chapter 19G","catchLine":"Internet Distribution of Sexual Material Harmful to Minors.","title":"Chapter 19G Internet Distribution of Sexual Material Harmful to Minors.","sectionRange":"§8-19G-1 to §8-19G-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5138,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5058,"codeId":60007,"versionId":52122,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-1","shortTitle":"Section 8-19G-1","catchLine":"Legislative Findings.","title":"Section 8-19G-1 Legislative Findings.","sectionRange":null,"content":"The Legislature finds and declares the following:
(1) The pervasive use of pornography is creating a public health crisis.
(2) Pornography is contributing to the hypersexualization of children and teens in our society.
(3) Due to advances in technology and the universal availability of the Internet, young children are more easily exposed to pornography than ever before, with the average age of exposure now being only 11 to 12 years of age.
(4) Pornography treats people as objects and commodities for the viewer’s use.
(5) Pornography normalizes violence and abuse, often depicts rape and abuse as being harmless fun, and increases the demand for sex trafficking, prostitution, and child pornography.
(6) Pornography is a public health crisis leading to a broad spectrum of individual and public health impacts and societal harms. This state has a compelling governmental interest to take action, and this chapter serves as the most narrowly tailored approach to prevent pornography exposure and addiction to minors and to educate individuals and families concerning its very serious harms.
","history":"(Act 2024-97, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5139,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5059,"codeId":60008,"versionId":52123,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-2","shortTitle":"Section 8-19G-2","catchLine":"Definitions.","title":"Section 8-19G-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms have the following meanings:
(1) ADULT WEBSITE. A website, application, or digital or virtual platform that uses the Internet to facilitate the dissemination of pictures, videos, or other content, a substantial portion of which is sexual material harmful to minors.
(2) COMMERCIAL ENTITY. The term includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities.
(3) CONSUMER INTEREST DIVISION. The Consumer Interest Division of the Office of the Attorney General.
(4) DISTRIBUTE. To issue, sell, give, provide, deliver, transfer, circulate, or disseminate.
(5) HARMFUL TO MINORS. The term as defined under Section 13A-12-200.1.
(6) MINOR. An individual under 18 years of age.
(7) NEWS-GATHERING ORGANIZATION. Any of the following:
a. A newspaper, news publication, or other news source, whether in printed or electronic format, of current news and public interest.
b. A radio broadcast station, television broadcast station, or cable television operator.
(8) PUBLISH. To communicate or make information available to another person through an online platform.
(9) REASONABLE AGE-VERIFICATION METHOD. Any commercially available software, application, program, or methodology that, when enabled, provides reasonable assurances that any individual accessing certain published material is 18 years of age or older.
(10) SUBSTANTIAL PORTION. More than 33 1/3 percent.
","history":"(Act 2024-97, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5140,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5060,"codeId":60009,"versionId":52124,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-3","shortTitle":"Section 8-19G-3","catchLine":"Use of Age-Verification for Minors on Certain Adult Websites.","title":"Section 8-19G-3 Use of Age-Verification for Minors on Certain Adult Websites.","sectionRange":null,"content":"(a) Any commercial entity that knowingly and intentionally publishes or distributes sexual material harmful to minors through an adult website shall use a reasonable age-verification method to provide reasonable assurance that individuals under 18 years of age cannot access the material harmful to minors.
(b) Nothing in this section shall apply to a bona fide news-gathering organization.
","history":"(Act 2024-97, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5141,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5061,"codeId":60010,"versionId":52125,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-4","shortTitle":"Section 8-19G-4","catchLine":"Retention of Personally Identifying Information Prohibited.","title":"Section 8-19G-4 Retention of Personally Identifying Information Prohibited.","sectionRange":null,"content":"(a) Any commercial entity or third party that performs the required age-verification under Section 8-19G-3 shall not retain any personally identifying information of the individual after access has been granted to the sexual material.
(b) A commercial entity that is found to have knowingly retained identifying information of the individual, as prohibited in subsection (a), shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court.
(c) Nothing in this section shall apply to a bona fide news-gathering organization.
","history":"(Act 2024-97, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5142,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5062,"codeId":60011,"versionId":52126,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-5","shortTitle":"Section 8-19G-5","catchLine":"Liability of Internet Service Providers, Search Engines, Cloud Service Providers, Etc.","title":"Section 8-19G-5 Liability of Internet Service Providers, Search Engines, Cloud Service Providers, Etc.","sectionRange":null,"content":"No Internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated this chapter or Section 13A-6-240, solely for providing access or connection to or from a website or other information or content on the Internet or a facility, system, or network not under that provider’s control, including transmission, downloading, intermediate storage, or access software to the extent the provider is not responsible for the creation of the content of the communication that constitutes sexual material harmful to minors.
","history":"(Act 2024-97, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5143,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5063,"codeId":60012,"versionId":52127,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-6","shortTitle":"Section 8-19G-6","catchLine":"Civil Action for Damages.","title":"Section 8-19G-6 Civil Action for Damages.","sectionRange":null,"content":"(a) Any individual injured by a violation of Section 8-19G-3, Section 8-19G-8, or Section 8-19G-9 may bring a civil action in circuit court against the commercial entity to recover actual and punitive damages, court costs, and reasonable attorney’s fees. If the injured individual is a minor, then a parent or legal guardian may bring action on his or her behalf.
(b) Upon commencement of any action brought under this section, the plaintiff shall mail a copy of the complaint or other initial pleading to the Attorney General and upon entry of any judgment or decree in the action, shall mail a copy of the judgment or decree to the Attorney General.
(c) Upon a finding by the court that a violation of Section 8-19G-3, Section 8-19G-8, or Section 8-19G-9 has occurred, the Attorney General, upon petition to the court, may recover a civil penalty up to ten thousand dollars ($10,000) per violation.
","history":"(Act 2024-97, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5144,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5064,"codeId":60013,"versionId":52128,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-7","shortTitle":"Section 8-19G-7","catchLine":"Penalties.","title":"Section 8-19G-7 Penalties.","sectionRange":null,"content":"In addition to any other penalty provided by law, any violation of Section 8-19G-3, Section 8-19G-8, or Section 8-19G-9 shall be considered a violation of the Deceptive Trade Practices Act under Chapter 19 of the this title.","history":"(Act 2024-97, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5145,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5065,"codeId":60014,"versionId":52129,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-8","shortTitle":"Section 8-19G-8","catchLine":"Consent Requirements to Publish or Distribute Private Images.","title":"Section 8-19G-8 Consent Requirements to Publish or Distribute Private Images.","sectionRange":null,"content":"(a) Any commercial entity, before knowingly and intentionally publishing or distributing a private image, as defined under Section 13A-6-240, through an adult website, shall obtain written consent to publish or distribute the private image from every individual depicted in the private image.
(b) The written consent required by this section shall be signed by the individual depicted and sworn to by a notary public. The commercial entity shall maintain records of the written consent for not less than five calendar years following the publication or distribution of the private image.
","history":"(Act 2024-97, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5146,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5066,"codeId":60015,"versionId":52130,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-9","shortTitle":"Section 8-19G-9","catchLine":"Notices Required from Commercial Entities Using Age Verification Methods.","title":"Section 8-19G-9 Notices Required from Commercial Entities Using Age Verification Methods.","sectionRange":null,"content":"(a) A commercial entity required to use reasonable age verification methods under Section 8-19G-3 shall do all of the following:
(1) Display the following notices on the home or landing page of the adult website on which sexual material harmful to minors is published or distributed and all advertisements thereof:
“ALABAMA HEALTH AND HUMAN SERVICES WARNING: Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function.”
“ALABAMA HEALTH AND HUMAN SERVICES WARNING: Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses.”
“ALABAMA HEALTH AND HUMAN SERVICES WARNING: Pornography increases the demand for prostitution, child exploitation, and child pornography.”
(2) Display the following notice on every page of the adult website:
“U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION HELPLINE:
“1-800-662-HELP (4357)
“THIS HELPLINE IS A FREE, CONFIDENTIAL INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY, FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED ORGANIZATIONS.”
(b) A violation of this section shall be punished as provided under Section 8-19G-6 or Section 8-19G-7.
(c) Each notice required under this section shall be displayed in 14 point font or greater and in a conspicuous manner.
","history":"(Act 2024-97, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5147,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5067,"codeId":60016,"versionId":52131,"parentId":60006,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-19G-10","shortTitle":"Section 8-19G-10","catchLine":"Tax Levied on Commercial Entities Operating Adult Websites; Reporting Requirements; Distribution of Funds; Rulemaking Authority.","title":"Section 8-19G-10 Tax Levied on Commercial Entities Operating Adult Websites; Reporting Requirements; Distribution of Funds; Rulemaking Authority.","sectionRange":null,"content":"(a) In addition to all other taxes of every kind, there is levied and shall be collected a tax at the rate of 10 percent upon the gross receipts of any commercial entity operating an adult website for all sales, distributions, memberships, subscriptions, performances, and all other content amounting to material harmful to minors that is produced, sold, filmed, generated, or otherwise based in this state.
(b) The tax levied by this section shall be collected by the State Department of Revenue at the same time and in the same manner as state sales and use taxes are collected. On or prior to the date the tax is due, each person subject to the tax shall file with the department a report in the form prescribed by the department.
(c) Any taxes collected under this section 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, and shall be distributed to the Department of Mental Health for the care and treatment of individuals with behavioral health needs, including prevention, treatment, and recovery services and supports.
(d) The Department of Revenue may adopt rules for the implementation and administration of this chapter.
","history":"(Act 2024-97, §10; Act 2024-97, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5148,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5068,"codeId":23817,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"20","shortTitle":"Chapter 20","catchLine":"Dealings by Motor Vehicle Manufacturers, Wholesalers, Etc., with Motor Vehicle Dealers.","title":"Chapter 20 Dealings by Motor Vehicle Manufacturers, Wholesalers, Etc., with Motor Vehicle Dealers.","sectionRange":"§8-20-1 to §8-20-14","content":null,"history":null,"numChildren":16,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5185,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5069,"codeId":23818,"versionId":18862,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-1","shortTitle":"Section 8-20-1","catchLine":"Short Title.","title":"Section 8-20-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as “The Motor Vehicle Franchise Act.”
","history":"(Acts 1981, No. 81-390, p. 596, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5186,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5070,"codeId":23820,"versionId":33570,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-2","shortTitle":"Section 8-20-2","catchLine":"Declaration of Purpose.","title":"Section 8-20-2 Declaration of Purpose.","sectionRange":null,"content":"(a) The Legislature finds and declares that the distribution and sale of motor vehicles within this state vitally affect the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate motor vehicle manufacturers, distributors, dealers, and their representatives and to regulate the dealings between manufacturers and distributors or wholesalers and their dealers in order to prevent fraud and other abuses upon the citizens of this state and to protect and preserve the investments and properties of the citizens of this state.
(b) This chapter shall not apply to any recreational vehicle manufacturer and dealer agreement to which Chapter 21C of this title applies.
","history":"(Acts 1981, No. 81-390, p. 596, §2; Act 2011-636, p. 1529, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5187,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5071,"codeId":23821,"versionId":32844,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-3","shortTitle":"Section 8-20-3","catchLine":"Definitions.","title":"Section 8-20-3 Definitions.","sectionRange":null,"content":"For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) COERCE. The failure to act in good faith in performing or complying with any term or provision of the franchise or dealer agreement, except that recommendation, persuasion, urging, or argument shall not be deemed to constitute a lack of good faith.
(2) DEALER AGREEMENT or FRANCHISE. The written contract between any new motor vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchise product or leases or rents the dealership premises.
(3) DISTRIBUTOR or WHOLESALER. A person, whether a resident or a nonresident, other than a manufacturer, who sells or distributes motor vehicles to motor vehicle dealers or who maintains distributor representatives within the state.
(4) DISTRIBUTOR BRANCH. A branch office maintained by a distributor or wholesaler.
(5) DISTRIBUTOR REPRESENTATIVE. A representative employed by a distributor or wholesaler for the purpose of making or promoting the sale of the distributor’s or wholesaler’s new motor vehicles to motor vehicle dealers or for supervising or contracting the motor vehicle dealers or prospective motor vehicle dealers.
(6) FACTORY BRANCH. A branch office maintained by a manufacturer in order to direct and supervise the representatives of the manufacturer.
(7) FACTORY REPRESENTATIVE. A person employed by a manufacturer for the purpose of making or promoting the sale of the manufacturer’s new motor vehicles to motor vehicle dealers or distributors or for supervising or contacting the motor vehicle dealers or prospective motor vehicle dealers.
(8) GOOD FAITH. Honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as is defined and interpreted in paragraph (1)(b) of Section 7-2-103.
(9) LINE MAKE. A collection of models, series, or groups of motor vehicles manufactured by or for a particular manufacturer, distributor, or importer offered for sale, lease, or distribution pursuant to a common brand name or mark; provided, however:
1. Multiple brand names or marks may constitute a single line make, but only when included in a common dealer agreement and the manufacturer, distributor, or importer offers such vehicles bearing the multiple names or marks together only, and not separately, to its authorized dealers; and
2. Motor vehicles bearing a common brand name or mark may constitute separate line makes when pertaining to motor vehicles subject to separate dealer agreements or when such vehicles are intended for different types of use.
(10) MANUFACTURER. Any person engaged in the manufacturing or assembling of new motor vehicles as a regular business or any person who is controlled by the manufacturer.
(11) MOTOR VEHICLE. Every vehicle intended primarily for use and operation on the public highways which is self-propelled.
(12) MOTOR VEHICLE DEALER. A person operating under a dealer agreement from a manufacturer or distributor and who is engaged regularly in the business of buying, selling, or exchanging motor vehicles in this state and who has in this state an established place of business.
(13) NET COST. The price the dealer pays for new motor vehicles, supplies, parts, equipment, signs, furnishings, and special tools, including the freight costs to the dealer’s location, minus any applicable discounts obtained by the dealer.
(14) NEW MOTOR VEHICLE. A vehicle which has been sold to a new motor vehicle dealer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. A new motor vehicle shall also mean an engine, transmission, or rear axle manufactured for installation in a vehicle having as its primary purpose the transport of a person or persons or property on a public highway and having a gross vehicle weight rating of more than 16,000 pounds, whether or not attached to a vehicle chassis.
(15) PERSON. An individual, firm, partnership, association, joint stock company, corporation, or other legal entity or a combination of legal entities.
(16) RELEVANT MARKET AREA. The area within a radius of 20 miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater; except that, where a manufacturer is seeking to establish an additional new motor vehicle dealer and there are one or more existing new motor vehicle dealers of the same line make within a 10-mile radius of the proposed dealer site, the relevant market area shall in all instances be the area within a radius of 10 miles around an existing dealer.
","history":"(Acts 1981, No. 81-390, p. 596, §3; Acts 1981, No. 81-776, p. 1338, §16; Act 2010-198, p. 300, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5188,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5072,"codeId":23822,"versionId":42700,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-4","shortTitle":"Section 8-20-4","catchLine":"Unfair and Deceptive Trade Practices.","title":"Section 8-20-4 Unfair and Deceptive Trade Practices.","sectionRange":null,"content":"Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise, the following acts or conduct shall constitute unfair and deceptive trade practices:
(1) For any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer to do any of the following:
a. To accept, buy, or order any motor vehicle or vehicles, appliances, equipment, parts, or accessories therefor, or any other commodity or commodities or service or services which such motor vehicle dealer has not voluntarily ordered or requested except items required by applicable local, state, or federal law; or to require a motor vehicle dealer to accept, buy, order, or purchase such items in order to obtain any motor vehicle or vehicles or any other commodity or commodities which have been ordered or requested by such motor vehicle dealer.
b. To order or accept delivery of any motor vehicle with special features, appliances, accessories, or equipment not included in the list price of the motor vehicles as publicly advertised by the manufacturer thereof, except items required by applicable law.
c. To enter into any agreement with such manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to do any other act prejudicial to the dealer, the effect of which is to reduce the motor vehicle dealer’s allocation of motor vehicles or cancel or fail to renew any franchise or any dealer agreement existing between the parties other than as hereinafter provided; provided, however, that this subsection is not intended to preclude the manufacturer or distributor from insisting on compliance with the reasonable terms or provisions of the franchise, and notice in good faith to any motor vehicle dealer of the dealer’s violation of any reasonable terms or provisions of such franchise or dealer agreement or of any law or regulation applicable to the conduct of a motor vehicle dealer shall not constitute a violation of this chapter.
d. To participate monetarily in an advertising campaign or contest, or to purchase any promotional materials, training materials, showroom, or other display decorations or materials at the expense of the new motor vehicle dealer. This paragraph is not intended to modify any reasonable and uniformly applied provision of the franchise which requires the new motor vehicle dealer to advertise and promote the sale of vehicles and does not apply to campaigns, contests, advertising, and other promotional programs in which the new motor vehicle dealer voluntarily elects to participate.
e. To refrain from participation in the management of, investment in, or the acquisition of any other line of new motor vehicle or related products; provided that the new motor vehicle dealer maintains a reasonable line of credit for each make or line of new motor vehicle, and that the new motor vehicle dealer remains in substantial compliance with the terms and conditions of the franchise.
f. To change the location of the new motor vehicle dealership or, during the course of the agreement, to make any substantial alterations to the dealership premises when to do so would be unreasonable.
1. For the purposes of this paragraph, both of the following would be unreasonable:
(i) To require the construction of or substantial alteration to a facility or premises if the same item or design component, consisting of interior or exterior elements of the sales, service, administrative, or parts components, was constructed or substantially altered within the prior 10 years and that construction or alteration was required and approved by the manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative. A substantial alteration shall mean an alteration that has a major impact on the architectural features, characteristics, appearance, or integrity of a structure or lot. The term does not include routine maintenance, such as interior painting reasonably necessary to maintain a dealership facility in attractive condition, nor any changes to items protected by federal intellectual property rights.
(ii) To require the use of a vendor of goods or services selected by the manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative for construction or substantial alterations if the dealer, with approval of the manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative selects an alternative vendor of goods and services that are of the same design, quality, and kind. This section shall not be construed to eliminate, impair, damage, or otherwise limit a manufacturer’s intellectual property, trademark, or trade dress rights in any way. This paragraph shall not apply to goods or services paid for entirely by a manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative nor to their initial design or architectural review service.
2. This paragraph does not apply to routine facility maintenance or to construction or alterations necessary to comply with a health or safety law or technology requirements necessary to sell or service a vehicle that the dealer is authorized to sell and service.
3. This paragraph is not intended to prohibit a manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative from continuing a facility improvement program that is in effect as of March 12, 2018, with more than one new vehicle dealer in the state nor to any modification or renewal of the program or providing program payments to assist a new vehicle dealer in making agreed upon facility improvements, construction, or substantial alterations, including signage or an image element, or from enforcing a voluntary agreement between a new vehicle dealer and manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative where separate and valuable consideration has been offered and accepted.
g. To establish or maintain exclusive sales facilities or sales display space for a new motor vehicle line make unless such exclusive sales facilities or sales display space are reasonable and are otherwise justified by reasonable business considerations. The burden of proving that reasonable business considerations justify exclusive sales facilities or sales display space is on the manufacturer. Provided, however, a manufacturer or distributor may not coerce, attempt to coerce, or require a motor vehicle dealer to establish or maintain exclusive personnel or exclusive service, parts, or administrative facilities for a line make.
h. To adhere to performance standards that are not fair, reasonable, and equitable or that are not applied uniformly to other similarly situated dealers. A performance standard, sales objective, or program for measuring dealership performance that may have a material effect on a dealer, including the dealer’s right to payment under any incentive or reimbursement program shall be fair, reasonable, equitable, and based on accurate information.
i. To engage in any acts which constitute fraud, deceit, or suppression under Sections 6-5-100 to 6-5-104, inclusive.
j. To offer to sell or to sell any extended service contract or extended maintenance plan offered, sold, backed by, or sponsored by the manufacturer or to sell, assign, or transfer any retail installment sales contract or lease obtained by the dealer in connection with the sale or lease of a new motor vehicle manufactured by the manufacturer to a specified finance company, class of finance companies, leasing company, or class of leasing companies, or to any other specified persons.
(2) For any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, distributor representative, or motor vehicle dealer to engage in any action with respect to a franchise which is arbitrary, unconscionable, unreasonable, or is not in good faith and which causes damage to any of the parties.
(3) For any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to do any of the following:
a. To adopt, change, establish, or implement a plan or system for the allocation and distribution of new or used motor vehicles to motor vehicle dealers which is arbitrary, capricious, or unreasonably discriminatory or to modify an existing plan so as to cause the same to be arbitrary, capricious, or unreasonably discriminatory.
b. To fail or refuse to advise or disclose to any motor vehicle dealer having a franchise or dealer agreement, upon written request therefor, the basis upon which new motor vehicles of the same line make are allocated or distributed to motor vehicle dealers in the state and the basis upon which the current allocation or distribution is being made or will be made to such motor vehicle dealer.
c. To refuse to deliver to a motor vehicle dealer in reasonable quantities and within a reasonable time after receipt of the motor vehicle dealer’s order any such motor vehicles as are covered by a franchise or dealer agreement and specifically publicly advertised in the state by such manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative to be available for immediate delivery; provided, however, that the failure to deliver any motor vehicle shall not be considered a violation of this chapter if such failure is due to an act of God, a work stoppage or delay due to a strike or labor difficulty, a shortage of materials, a lack of available manufacturing capacity, a freight embargo, or other cause over which the manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, or distributor representative shall have no control.
d. To cancel or terminate the franchise or dealer agreement of a motor vehicle dealer other than as hereinafter provided.
e. To fail or refuse to extend the franchise or dealer agreement of a motor vehicle dealer upon its expiration other than as hereinafter provided.
f. To offer a renewal, replacement, or succeeding franchise or dealer agreement containing terms and provisions the effect of which is to substantially change or modify the sales and service obligations or capital requirements of the motor vehicle dealer other than as hereinafter provided.
g. To offer to sell or lease, or to sell or lease, any new motor vehicle to any motor vehicle dealer at a lower actual price therefor than the actual price offered to any other motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price and which are not offered to dealers of vehicles of the same line make; provided, however, that the provisions of this paragraph shall not apply to sale to a motor vehicle dealer for resale to any unit of the United States government, the state, or any of its political subdivisions.
h. To offer to sell or lease, or to sell or lease, any new motor vehicle to any person, except a wholesaler’s or distributor’s or manufacturer’s employees, at a lower actual price therefor than the actual price offered and charged to a motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device which results in such lesser actual price and which are not offered to dealers of vehicles of the same line make; provided, however, that the provisions of this paragraph shall not apply to sales to a motor vehicle dealer for resale to any unit of the United States government, the state, or any of its political subdivisions.
i. To prevent or attempt to prevent by contract or otherwise any motor vehicle dealer from changing the executive management control of the motor vehicle dealer unless such change of executive management control will result in executive management control by a person or persons who are not of good moral character or who do not meet the manufacturer’s or wholesaler’s or distributor’s existing and reasonable capital standards and, with consideration given to the volume of sales and service of the new motor vehicle dealer, uniformly applied minimum business experience standards in the market area; provided, however, that where the manufacturer, or distributor, or wholesaler rejects a proposed change in executive management control, the manufacturer, or distributor, or wholesaler shall give written notice of his or her reasons to the motor vehicle dealer within 45 days of notice to the manufacturer, or wholesaler, or distributor by the motor vehicle dealer of the proposed change accompanied by information reflecting the identity, business experience and affiliations, and source of investment funds of the proposed new management.
j. To prevent or attempt to prevent by contract or otherwise any motor vehicle dealer from establishing or changing the capital structure of his or her dealership or the means by or through which he or she finances the operation thereof; provided, the dealer meets any reasonable capital standards agreed to between the motor vehicle dealer and the manufacturer, distributor, or wholesaler, who may require that the sources, method, and manner by which the motor vehicle dealer finances or intends to finance its operation, equipment, or facilities be fully disclosed.
k. To refuse to give effect to or prevent or attempt to prevent by contract or otherwise any motor vehicle dealer or any officer, partner, or stockholder of any motor vehicle dealer from selling or transferring any part of the interest of any of them to any other person unless such sale or transfer is to a transferee who would not otherwise qualify for a new motor vehicle dealer’s license issued by the State of Alabama or a political subdivision thereof or unless such sale or transfer is to a person who is not of good moral character or who does not meet the manufacturer’s or wholesaler’s or distributor’s existing and reasonable capital standards and, with consideration given to the volume of sales and service of the dealership, uniformly applied minimum business experience standards in the market area; provided, however, that where such a rejection of a transfer is made, the manufacturer or distributor or wholesaler shall give written notice of his or her reasons to the motor vehicle dealer within 60 days of notice to the manufacturer or wholesaler or distributor by the dealer of the proposed transfer, accompanied by information reflecting the identity of the new owner or owners, their business experience and affiliations, and the pro forma balance sheet and source of investment funds of the proposed new dealership. A manufacturer or distributor may exercise a contractual right of first refusal with respect to the sale or transfer of the interest of the dealer only if each of the following requirements are met:
1. The sale or transfer is not to a family member of an owner of the dealership, nor a managerial employee of the dealership owning 15 percent or more of the dealership, nor a corporation, partnership, or other legal entity owned by the existing owners of the dealership. For purposes of this subparagraph, a “family member” means the spouse of an owner of the dealership, the child, grandchild, brother, sister, or parent of an owner, or a spouse of one of those family members.
2. The manufacturer or distributor notifies the dealer in writing within 60 days after receipt of the completed application forms and related information generally used by a manufacturer or distributor to conduct its review and a copy of all agreements regarding the proposed transfer of its intent to exercise its right of first refusal or its rejection of the proposed transfer. If the manufacturer or distributor fails to notify the dealer of its exercise of the right of first refusal or its rejection of the proposed transferee within the 60-day period, the effect of such failure shall constitute approval of the proposed sale or transfer. If the manufacturer or distributor exercises a right of first refusal under this section, the transfer shall be deemed to be rejected.
3. The exercise of the right of first refusal provides to the dealer the same compensation as, or greater compensation than, the dealer had negotiated to receive from the proposed buyer or transferee.
4. The manufacturer or distributor agrees to pay the reasonable expenses, including reasonable attorneys’ and accountants’ fees that do not exceed the usual, customary, and reasonable fees charged for similar work done for other clients incurred by the proposed buyer or transferee before the manufacturer’s or distributor’s exercise of its right of first refusal in negotiating and implementing the contract for the sale or transfer. The proposed buyer or transferee shall provide to the manufacturer or distributor a written itemization of the expenses incurred within 30 days of the receipt by the proposed buyer or transferee of a written request from the manufacturer or distributor for an accounting of the expenses. The manufacturer or distributor shall make payment of these expenses within 30 days of exercising the right of first refusal.
l. To unreasonably and without notice to existing motor vehicle dealers, as hereinafter provided, enter into a franchise with an additional motor vehicle dealer who intends to conduct its dealership operations from a place of business situated within the relevant market area of an existing motor vehicle dealer or motor vehicle dealers representing the same line make. The appointment of a successor motor vehicle dealer at the same location as its predecessor or within a two-mile radius therefrom within two years from the date on which its predecessor ceased operations or was terminated, whichever occurred later, shall not be construed as the entering into of an additional franchise. Any manufacturer, distributor, or wholesaler, factory branch, factory representative, distributor branch, or distributor representative which intends to enter into an additional franchise shall, at least 60 days prior to granting such franchise, give written notice of its intention to do so to each motor vehicle dealer of the same line make within the relevant market area. Such notice shall state the date on or after which such proposed franchise shall be granted or entered into. Prior to the date set forth in the notice on or after which such franchise will be entered into, any such motor vehicle dealer may petition a court of competent jurisdiction to determine whether such appointment or proposed appointment is unreasonable in which action the manufacturer, wholesaler, or distributor shall have the burden of proof that such action is not unreasonable. No bond shall be required as a precondition to entry of an injunction enjoining appointment of an additional franchise. Such petition shall be entitled to a speedy trial. In determining whether such proposed appointment is unreasonable, the court shall consider all pertinent circumstances. These may include but are not limited to:
1. Whether the establishment of such additional franchise is warranted by economic and marketing conditions including anticipated future changes.
2. The past, present, and anticipated retail sales and service business transacted by the objecting motor vehicle dealer or dealers and other motor vehicle dealers of the same line make with a place of business in the relevant market area.
3. The investment made and obligations incurred by the objecting motor vehicle dealer or dealers and other motor vehicle dealers of the same line make with a place of business in the relevant market area.
4. Whether it is beneficial or injurious to the public welfare for an additional franchise to be established.
m. To prospectively assent to a release, assignment, novation, agreement, waiver, or estoppel that does any of the following:
1. Relieves any person from any liability or obligation under this chapter.
2. Requires any controversy between a new motor vehicle dealer and a manufacturer to be referred to any person other than the duly constituted courts of this state or the United States, if the referral would be binding on the new motor vehicle dealer.
3. Limits the entitlement to recover damages under this chapter or other Alabama law.
4. Specifies the jurisdiction or venues in which disputes arising with respect to the franchise shall or shall not be submitted for resolution or otherwise prohibits a dealer from bringing an action in the courts of Alabama.
5. Waives the right to trial by jury.
n. To prevent or refuse to give effect to the succession to the ownership or management control of a dealership upon the death or incapacity of a motor vehicle dealer to any legatee or devisee under the will of a dealer or to an heir under the laws of descent and distribution of this state unless the successor is a person who is not of good moral character or who does not meet the manufacturer’s or distributor’s or wholesaler’s existing and reasonable capital standards and, with consideration given to the volume of the sales and service of the dealership, uniformly applied minimum business experience standards in the market area; provided, however, that where such a rejection of succession is made, the manufacturer or distributor or wholesaler shall give written notice of his or her reasons to the proposed successor within 60 days of notice to the manufacturer or wholesaler or distributor by the proposed successor of his or her intent to succeed to the ownership or management of the dealership, accompanied by information reflecting the identity of the new owner or owners, their business experience and affiliation, and the pro forma balance sheet and source of investment funds of the proposed new dealership. This section does not preclude the owner of a new motor vehicle dealer from designating any person as his or her successor by written instrument filed with the manufacturer or distributor and, in the event there is a conflict between such written instrument and the provisions of this section, the written instrument shall govern.
o. To fail to indemnify and hold harmless its motor vehicle dealers against any losses, including, but not limited to, court costs and reasonable attorneys’ fees, or damages arising out of complaints, claims, or lawsuits, including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied), or rescission of the sale where the complaint, claim, or lawsuit relates to any of the following:
1. The manufacture, assembly, or design of new motor vehicles, parts, or accessories.
2. A defect in any forms furnished to the dealer or in the written instructions for the completion of such forms by the manufacturer, an affiliate of the manufacturer, or person controlled by the manufacturer used in connection with the sale, lease, or financing of a vehicle and associated products, unless the dealer improperly completes the forms or makes misrepresentations contrary either to the terms of the forms or the written instructions for their completion.
3. Other functions by the manufacturer, beyond the control of the dealer, including, without limitation, the selection by the manufacturer of parts or components for the vehicle, or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the manufacturer.
p. To increase prices of new motor vehicles which the new motor vehicle dealer had ordered for retail consumers prior to the dealer’s receipt of the written official price increase notification. A sales contract signed by a retail consumer shall constitute evidence of each such order; provided that the vehicle is in fact delivered to that customer. In the event of manufacturer price reductions or cash rebates, the amount of any such reduction or rebate received by a dealer shall be passed on to the retail consumer by the dealer if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reductions shall apply to all vehicles in the dealer’s inventory which were subject to the price reduction. Price differences applicable to new model or series motor vehicles at the time of the introduction of new models or series shall not be considered a price increase or price decrease. Price changes caused by any of the following shall not be subject to the provisions of this paragraph:
1. The addition to a motor vehicle of required or optional equipment pursuant to state or federal law.
2. Revaluation of the United States dollar, in the case of foreign-made vehicles or components.
3. An increase in transportation charges due to increased rates imposed by common or contract carriers.
q. To offer any refunds or other types of inducements to any person for the purchase of new motor vehicles of a certain line make to be sold to the state or any political subdivision thereof without making the same offer to all other new motor vehicle dealers in the same line make within the state.
r. To release to any outside party, except under subpoena, or as otherwise required by law or in an administrative, judicial, or arbitration proceeding, any business, financial, or personal information which may be from time to time provided by the dealer to the manufacturer, without the express written consent of the dealer.
s. To own an interest in a new motor vehicle dealership, to operate or control a dealership, to make direct sales or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating a new motor vehicle dealership or a warranty repair facility for a temporary period of not more than 24 months, as long as the new motor vehicle dealership or warranty repair center is for sale at a reasonable price and on reasonable terms and conditions; or
2. The manufacturer’s or distributor’s participation is in a bona fide relationship with an independent person who satisfies both of the following:
(i) Is required to make significant investment in the new motor vehicle dealership or warranty repair center subject to loss.
(ii) Operates the dealership or warranty repair center and may reasonably be expected to acquire full ownership of the dealership or warranty repair center within a reasonable time and under reasonable terms and conditions.
3. The manufacturer or distributor is selling or leasing new motor vehicles in Alabama to its qualified vendors, not-for-profit organizations, fleets, or the federal, state, or local government if sold or leased and delivered through new motor vehicle dealers in this state. The manufacturer or distributor is selling or leasing new motor vehicles in Alabama to its employees and employees’ families if delivered through new motor vehicle dealers in this state. The manufacturer or distributor is implementing a program to sell or lease or offer to sell or lease new motor vehicles through new motor vehicle dealers in this state.
4. The manufacturer or distributor owns a passive interest of not more than 10 percent in a publicly traded corporation held exclusively for investment purposes.
5. A manufacturer of recreational vehicles which as of December 31, 1999, owns, operates, or controls a facility in this state for performance of motor vehicle warranty repair or service work on recreational vehicles manufactured by that manufacturer.
6. The manufacturer or distributor is owning, operating, or controlling an entity primarily engaged in the business of renting passenger and commercial motor vehicles and industrial and construction equipment, as well as activities incidental to the businesses, including warranty and repair work on vehicles that it owns, previously owned, or takes in trade.
7. A manufacturer or distributor that meets all of the following requirements:
(i) Manufactures or distributes engines for installation in a vehicle having as its primary purpose the transport of a person or persons or property on a public highway and having a gross vehicle weight rating of more than 16,000 pounds, provided that the manufacturer does not otherwise manufacture motor vehicles.
(ii) Owned, operated, or controlled a new motor vehicle dealership or a warranty repair facility in this state prior to January 1, 2016.
(iii) Does not own or operate more than three new motor vehicle dealership or warranty repair facilities in this state.
(iv) Does not regularly provide motor vehicle warranty or repair service work in this state to noncommercial single-family passenger motor vehicles having a gross vehicle weight rating of less than 16,000 pounds unless the repair is not reasonably available at a motor vehicle dealer that sells new motor vehicles with a gross vehicle weight rating of less than 16,000 pounds or at the request of such motor vehicle dealer.
(v) Avoids any acts or practices the effect of which may be to lessen or eliminate competition that provided to dealers on materially equal terms access to all support for completing repairs, including, but not limited to, parts and assembles, training, and technical service bulletins and other information concerning repairs that the manufacturer provides to facilities owned, operated, or controlled by the manufacturer.
t. To make any material change in any franchise agreement without giving the dealer written notice by certified mail of such change at least 60 days prior to the effective date of such change.
u. To fail to pay or otherwise compensate its new motor vehicle dealers for sales incentives, service incentives, rebates, or other forms of incentive compensation earned by the dealer as a consequence of incentive programs of the manufacturer. The manufacturer shall have the right to audit any such incentive payments made to the dealer and to charge back the dealer for any fraudulent claims for incentive payments made to the dealer for a period not to exceed 12 months from the date the claim was paid. A manufacturer shall not disapprove claims for which the dealer has received preauthorization from the manufacturer or its representative nor shall the manufacturer unreasonably disapprove a claim solely based on the dealer’s incidental failure to comply with a specific claim processing requirement that results only in a clerical error or administrative error; rather, a claim denial must be based upon a material defect and deviation from the reasonable written claim submission requirements of the manufacturer. In the event of neglect, oversight, or mistake by the dealer, a dealer may submit an amended claim, or may submit a claim not submitted within the time required by the manufacturer, for sales incentives, service incentives, rebates, or other forms of incentive compensation up to 120 days from the date on which such claim was first submitted or could have been submitted.
v. To fail or refuse to offer its same line make franchised dealers all models of new motor vehicles manufactured for that line make and offered to any dealer in this state. No unreasonable additional requirements, over the requirements originally required to obtain a franchise from the manufacturer, may be required of existing franchised dealers to receive any model by that line make. The provisions in this paragraph shall not apply to recreational vehicles and reasonable requirements of a manufacturer that its dealers obtain tools or diagnostic equipment to properly service its line make of motor vehicles. The failure to deliver any such new motor vehicle shall not be considered a violation of this section if the failure is due to a lack of manufacturing capacity or to a strike or labor difficulty, a shortage of materials, a freight embargo, or any other cause over which the manufacturer has no control.
w. To prohibit a motor vehicle dealer from changing the location of the new motor vehicle dealership to another location within the dealer’s assigned area of responsibility if the refusal to approve the relocation is not reasonable under the circumstances.
x. To charge back, deny vehicle allocation, withhold payments, or take any other adverse actions against a dealer because of a sale of a new motor vehicle which is exported from the United States unless the manufacturer can prove that the dealer knew or reasonably should have known on the date of the sale that the new motor vehicle was to be exported. A dealer is rebuttably presumed to have no knowledge of the intended export if the vehicle is sold by the dealer to a United States resident who titles and registers the vehicle in any state in the United States.
y. To condition the sale, transfer, relocation, or renewal of a franchise or dealer agreement or to condition sales, service, parts, or finance incentives upon site control or an agreement to renovate or make substantial improvements to a facility; provided, however, that voluntary and non-coerced acceptance of such conditions by the dealer in writing, including, but not limited to, a written agreement for which the dealer has accepted separate and valuable consideration, shall not constitute a violation.
z. To assign or change a dealer’s area of responsibility under the franchise or dealer agreement arbitrarily or without due regard to the present or projected future pattern of motor vehicle sales and registrations within the dealer’s market area and without first having provided the dealer with written notice of the change in the dealer’s area of responsibility and a detailed description of the change and reasons therefor.
","history":"(Acts 1981, No. 81-390, p. 596, §4; Acts 1991, No. 91-212, p. 398, §1; Act 2000-267, p. 415, §1; Act 2010-198, p. 300, §1; Act 2016-357, p. 879, §1; Act 2018-188, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5189,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5073,"codeId":40831,"versionId":33030,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-4.1","shortTitle":"Section 8-20-4.1","catchLine":"Obligation to Act in Good Faith and Deal Fairly.","title":"Section 8-20-4.1 Obligation to Act in Good Faith and Deal Fairly.","sectionRange":null,"content":"Every dealer agreement entered into under Act 2010-198 shall impose on the parties the obligation to act in good faith and to deal fairly.
","history":"(Act 2010-198, p. 300, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5190,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5074,"codeId":23823,"versionId":32845,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-5","shortTitle":"Section 8-20-5","catchLine":"Limitations on Cancellations, Modifications, Terminations, and Nonrenewals of Franchise Relationships.","title":"Section 8-20-5 Limitations on Cancellations, Modifications, Terminations, and Nonrenewals of Franchise Relationships.","sectionRange":null,"content":"(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall cancel, terminate, modify, fail to renew, or refuse to continue any franchise relationship with a licensed new motor vehicle dealer unless the manufacturer has:
(1) Satisfied the notice requirement of this section.
(2) Acted in good faith as defined in this chapter.
(3) Has good cause for the cancellation, termination, modification, nonrenewal, or noncontinuance.
(b) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, modification, nonrenewal, or noncontinuance when:
(1) There is a failure by the new motor vehicle dealer to comply with a provision of the franchise which provision is both reasonable and of material significance to the franchise relationship, provided that the manufacturer first acquired actual or constructive knowledge of such failure not more than 180 days prior to the date on which notification is given by the manufacturer pursuant to the requirements of this section.
(2) If the failure by the new motor vehicle dealer to comply with a provision of the franchise relates to the performance of the dealer in sales or service, then good cause shall be defined as the failure of the dealer to substantially comply with the reasonable performance provisions of the franchise if:
a. The new motor vehicle dealer was apprised by the manufacturer in writing of such failure and each of the following occur:
1. The notification stated that notice was provided of failure of performance pursuant to this chapter.
2. The new motor vehicle dealer was afforded a reasonable opportunity, for a period of not less than six months, to exert good faith efforts to carry out such provisions.
3. The new motor vehicle dealer did not demonstrate substantial compliance with the manufacturer’s performance standards during such period and that the failure to demonstrate such compliance was not due to factors which were beyond the control of such dealer.
b. Such failure thereafter continued within the period which began not more than 180 days before the date notification of termination, cancellation, modification, or nonrenewal was given pursuant to this section.
(c) The manufacturer shall have the burden of proof for showing that it has acted in good faith, that the notice requirements have been complied with, and that there was good cause for the franchise termination, cancellation, modification, nonrenewal, or noncontinuance.
(d) If a dealer brings an action in a court of competent jurisdiction to challenge the cancellation, termination, or nonrenewal of a franchise or dealer agreement by a manufacturer under this section, such franchise or dealer agreement shall remain in full force and effect and such dealer shall retain all rights and remedies pursuant to the terms and conditions of such franchise or dealer agreement, including, but not limited to, the right to sell or transfer the dealer’s ownership interest, until a final determination by a court of competent jurisdiction, including appeal, unless extended by the court for good cause. This subsection shall not apply to a cancellation, termination, or nonrenewal of a franchise or dealer agreement based upon any of the reasons set forth in subsection (e)(2).
(e) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, prior to the termination, cancellation, modification, or nonrenewal of any franchise or dealer agreement, the manufacturer shall furnish notification of such termination, cancellation, modification, or nonrenewal to the new motor vehicle dealer as follows:
(1) In the manner described in subsection (f).
(2) Not less than 90 days prior to the effective date of such termination, cancellation, modification, or nonrenewal or not less than 30 days prior to the effective date of such termination, cancellation, or nonrenewal with respect to any of the following:
a. Filing of any petition by or against the new motor vehicle dealer under any bankruptcy or receivership law.
b. Willful or intentional misrepresentation made by the new motor vehicle dealer with the express intent to defraud the manufacturer or distributor.
c. Failure of the new motor vehicle dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days.
d. Final conviction (including appeal) of the new motor vehicle dealer, principal owner, or principal executive manager of any felony.
(f) Notification under this section shall be in writing; shall be by certified mail or personally delivered to the new motor vehicle dealer; and shall contain:
(1) A statement of intention to terminate the franchise, cancel the franchise, modify the franchise, or not to renew the franchise.
(2) A statement of the reasons for the termination, cancellation, modification, or nonrenewal.
(3) The date on which such termination, cancellation, modification, or nonrenewal takes effect.
(g) Upon the termination, cancellation, or nonrenewal by the manufacturer of any franchise or dealer agreement for good cause, the new motor vehicle dealer shall be paid fair and reasonable compensation by the manufacturer for the:
(1) New motor vehicle inventory of the current and previous model year which has been acquired from the manufacturer. Any new and unused motor vehicle repurchased by the manufacturer shall be repurchased at the net cost to the dealer.
(2) Supplies and parts acquired by the new motor vehicle dealer from the manufacturer, its approved sources, or original manufacturer supplies and parts acquired from other dealers in the ordinary course of business, within seven years prior to the effective date of the termination, cancellation, or nonrenewal. Supplies and parts shall be repurchased by the manufacturer at the net cost to the dealer without any restocking fees or other fees.
(3) Equipment, signs, and furnishings acquired by the new motor vehicle dealer from the manufacturer or its approved sources. The dealer shall be paid either the fair market value of the equipment, signs, and furnishings as of the date of termination or the value of the equipment, signs, and furnishings based on a six-year straight line schedule of depreciation, whichever is greater.
(4) Special tools and automotive service equipment that were required and designated as special tools or equipment by the manufacturer. The dealer shall be paid either the fair market value of the special tools and automotive service equipment as of the date of termination or the value of the special tools and automotive service equipment based on a six-year straight line schedule of depreciation, whichever is greater.
(5) The net cost of any upgrades or alterations made by the dealer to the dealership facilities which were recommended in writing by the manufacturer and made within two years prior to the effective date of termination.
(6) Dealership facilities, if the facilities were required to be purchased or constructed as a precondition to obtaining the franchise or to its renewal by the manufacturer. The manufacturer shall use its best efforts to locate a purchaser who will offer to purchase the facilities at a reasonable price. If the manufacturer does not locate a purchaser within a reasonable time, the manufacturer will pay the dealer an amount equivalent to the reasonable rental value of such facilities for three years during which time the manufacturer shall be entitled to possession of the facilities. If the facilities were leased from a lessor other than the manufacturer and the facilities were required as a precondition to obtaining the franchise or to its renewal by the manufacturer, then the manufacturer shall use its best efforts to locate a lessee who will offer to lease the premises for a reasonable term at a reasonable rent. If the manufacturer does not locate a lessee within a reasonable time, the manufacturer shall pay such rent for three years or the remainder of the term of the lease, whichever is less and the manufacturer shall have the option to succeed to the rights of the dealer under the lease. If the dealership facility is used for more than one line make, the rental payment by the manufacturer shall be prorated for each line make based on the floor space allocated to each line make.
(h) Upon the termination, cancellation, or nonrenewal by the manufacturer of any franchise without good cause, the new motor vehicle dealer shall be paid fair and reasonable compensation by the manufacturer for the items described in subdivisions (g)(1) through (g)(6) and for the dealership facilities, if the facilities were required to be purchased or constructed as a precondition to obtain the franchise or to its renewal by the manufacturer. If the facilities were leased and the lease was required as a precondition to obtaining the franchise or to its renewal by the manufacturer, then the manufacturer shall be liable for payment of the rent for the remainder of the term of the lease during which time the manufacturer shall be entitled to possession of the facilities. If the dealership facility is used for more than one line make, the rental payment by the manufacturer shall be prorated based on the floor space allocated to each line make. The manufacturer shall also pay the dealer fair and reasonable compensation for the value of the dealership within six months after the date of termination, cancellation, or nonrenewal.
(i) Upon the termination, cancellation, or nonrenewal by the manufacturer of any franchise as a result of willful or intentional misrepresentations made by the new motor vehicle dealer with the express intent to defraud the manufacturer or distributor or upon the termination, cancellation, or nonrenewal by the motor vehicle dealer, the new motor vehicle dealer shall be paid fair and reasonable compensation by the manufacturer for the items described in subdivisions (g)(1) through (g)(6).
(j)(1) Upon the termination, cancellation, or nonrenewal by the manufacturer occurring as a result of the cessation of a line make or as a result of the manufacturer’s selling or otherwise transferring some or all of the assets essential to the manufacture or distribution of the line make, the new motor vehicle dealer shall be paid fair and reasonable compensation by the manufacturer for the items described in subdivisions (g)(1) through (g)(6). The manufacturer shall also compensate the dealer in an amount equal to the greater of:
a. The actual pecuniary loss that the dealer suffered as a result of the termination, cancellation, or nonrenewal.
b. The fair market value of the franchise determined as of:
1. The date the manufacturer announces the action that results in termination, cancellation, or nonrenewal.
2. The date the action that resulted in the termination, cancellation, or nonrenewal first became general knowledge.
3. The day 12 months prior to the date on which the notice of termination, cancellation, or nonrenewal is issued, whichever is greater.
(2) If, as a result of the circumstances described above, an entity other than the original manufacturer of a line make becomes the manufacturer of the line make and intends to distribute motor vehicles of that line make in Alabama, the entity shall honor the franchise agreements of the original manufacturer and its dealers or offer those dealers a new franchise agreement for the line make on substantially similar terms and conditions. A dealer which elects to remain a dealer with the new entity or which enters into a new franchise agreement with this entity shall not be entitled to the compensation set forth in subdivision (1).
(3) This subsection shall not apply in the event of a termination or cessation of a line make by a recreational vehicle manufacturer.
(k) The fair and reasonable compensation to the dealer shall be paid by the manufacturer within 90 days after tender by the dealer of the items in subdivisions (g)(1) through (g)(4) at the dealership premises, provided the new motor vehicle dealer has clear title to the inventory and other items and is in a position to convey that title to the manufacturer.
(l) Subsections (g) through (k) shall not apply upon the termination, cancellation, or nonrenewal of a franchise by a motor home or motorcycle dealer.
","history":"(Acts 1981, No. 81-390, p. 596, §5; Acts 1991, No. 91-212, p. 398, §1; Act 2010-198, p. 300, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5191,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5075,"codeId":23824,"versionId":18863,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-6","shortTitle":"Section 8-20-6","catchLine":"Predelivery Obligations.","title":"Section 8-20-6 Predelivery Obligations.","sectionRange":null,"content":"Every manufacturer or wholesaler or distributor, factory branch, factory representative, distributor branch or distributor representative shall specify to the motor vehicle dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to be paid to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall be presented to the dealer and the obligations specified therein shall constitute any such dealer’s only predelivery obligations as between such dealer and such manufacturer or wholesaler or distributor. The compensation as set forth on said schedule shall be reasonable.
","history":"(Acts 1981, No. 81-390, p. 596, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5192,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5076,"codeId":23828,"versionId":47719,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-7","shortTitle":"Section 8-20-7","catchLine":"Warranty Obligations to Dealers; Reasonable Compensation.","title":"Section 8-20-7 Warranty Obligations to Dealers; Reasonable Compensation.","sectionRange":null,"content":"(a) For purposes of this section, the following words have the following meanings:
(1) PRE-DELIVERY SERVICE. All work and services, except warranty work, performed on a new motor vehicle by a motor vehicle dealer at the direction of the warrantor prior to the delivery of the vehicle to the first retail consumer.
(2) REPAIR ORDER. An invoice, paid by a retail customer, and closed as of the time of submission, encompassing one or more repairs to a motor vehicle, and reflecting, in the case of a parts markup submission, the cost of each part and the sale price thereof, and in the case of a labor rate submission, the total charges for labor and the total number of hours that produced the charges, which invoice may be submitted in electronic form.
(3) QUALIFIED REPAIR. A repair to a motor vehicle paid by a retail customer, which would have come within the warrantor’s new motor vehicle warranty, but for the motor vehicle having exceeded the chronological or mileage limit of such warranty, and which does not constitute any of the work encompassed by subdivision (f)(5).
(4) QUALIFIED REPAIR ORDER. A repair order which encompasses, in whole or in part, a qualified repair or repairs.
(5) WARRANTOR. A manufacturer, distributor, or wholesaler, factory branch, factory representative, distributor branch, or distributor representative.
(6) WARRANTY WORK. All labor, including that of a diagnostic character, performed, and all parts, including original or replacement parts, and components, including engine, transmission, and other parts assemblies, installed by motor vehicle dealers on motor vehicles which are reasonably incurred by motor vehicle dealers, other than the incidental expenses incurred in performing labor and installing parts on motor vehicles, in fulfilling a warrantor’s obligations under a new motor vehicle warranty, a recall, or a certified pre-owned warranty, to consumers, including, but not limited to, the expense of shipping or returning defective parts to the warrantor, when required by the warrantor.
(b) Every warrantor shall specify in writing to each of its motor vehicle dealers the dealer’s obligation for pre-delivery service and warranty service on its products, shall compensate the motor vehicle dealer for the service required of the dealer by the warrantor, and shall provide the dealer the schedule of compensation to be paid the dealer for parts, work, and service in connection with the services, and the time allowance for the performance of such work and service.
(c) In no event shall the schedule of compensation fail to include reasonable compensation for diagnostic work, service, labor, and parts. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In no event shall such compensation of a dealer for warranty services including labor and parts, be less than the rates or prices charged by the dealer for like service to retail customers for nonwarranty service, repairs, and parts, provided that such prices and rates are not unreasonable. This subsection does not apply to compensation for parts, systems, fixtures, appliances, furnishings, accessories, and features of a motor home that are designed, used, and maintained primarily for non-vehicular residential purposes, or parts related to motorcycle repairs.
(d) It is a violation of this section for any warrantor to fail to perform any warranty obligations under the motor vehicle manufacturer’s warranty, or to fail to include in written notices of factory recalls to dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects, or to fail to compensate any of the motor vehicle dealers for repairs effected by the recall.
(e) All claims made by new motor vehicle dealers pursuant to this section for such labor and parts shall be paid within 30 days following their approval; provided, however, that the warrantor retains the right to audit such claims and to charge back the dealer for any fraudulent claims for a period not to exceed 12 months from the date the claim was paid. All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the warrantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days. A warrantor shall not disapprove claims for which the dealer has received preauthorization from the warrantor or its representative nor shall the warrantor unreasonably disapprove a claim solely based on the dealer’s incidental failure to comply with a specific claim processing requirement that results only in a clerical error or administrative error; rather a claim denial must be based upon a material defect and deviation from the reasonable written claim submission requirements of the manufacturer. In the event of neglect, oversight, or mistake by the dealer, a dealer may submit an amended claim, or may submit a claim not submitted within the time required by the warrantor, for labor and parts up to 120 days from the date on which the claim was first submitted or could have been submitted.
(f)(1) For the purposes of this section, reasonable compensation shall be determined as provided in this subsection.
(2) The markup customarily charged by the dealer for parts or its labor rate may be established at the election of the dealer by the dealer submitting to the warrantor, either by electronic transmission or tangible delivery, all consecutive repair orders that include 100 sequential repair orders reflecting qualified repairs, or all repair orders closed during any period of 90 consecutive days, whichever produces the fewer number of repair orders, covering repairs made no more than 180 days before the submission and declaring the parts markup or labor rate.
(3) The dealer shall calculate its labor rate by determining the total charges for labor from the qualified repairs submitted and dividing that amount by the total number of hours that produced the charges. The dealer shall calculate its parts markup by determining the total charges for parts from the qualified repairs submitted, dividing that amount by its total cost of the purchase of the parts, subtracting one from that amount, and multiplying by 100 to produce a percentage.
(4) A motor vehicle dealer seeking to establish or modify its warranty reimbursement labor rate, parts markup, or both, not more frequently than once per 12-month period, shall submit to the warrantor one of the following:
a. A single set of repair orders for purposes of calculating both its labor rate and parts markup.
b. A set of repair orders for purposes of calculating only its labor rate or for purposes of calculating only its parts markup.
(5) In calculating the rate customarily charged by the dealer for parts and labor for purposes of this subsection, the following shall not be included in the calculation of the rate:
a. Repairs that are the subject of manufacturer or distributor discounts, such as special events, specials, promotions, coupons, or service campaigns.
b. Repairs of motor vehicles owned by the dealer.
c. Routine maintenance, including, but not limited to, replacements of fluids, filters, batteries, bulbs, belts, nuts, bolts, or fasteners, unless provided in the course of, and related to, an otherwise qualified repair.
d. Installations of accessories.
e. Replacements of or work on tires, wheels, including alignments, wheel or tire rotations, or replacements of brake drums, rotors, shoes, or pads.
f. Vehicle reconditioning.
g. Safety or emission inspections required by law.
h. Repairs for which volume discounts have been negotiated with government agencies.
i. Body shop repairs, including repairs covered by insurance, for conditions caused by collision, road hazard, the force of the elements, vandalism, theft, or the negligence or deliberate act of the owner, operator, or a third party.
j. Parts that do not have individual part numbers.
k. Warrantor approved and reimbursed goodwill repairs or reimbursements.
l. Window replacement, window etching, window tint, protective film, or other masking products.
(6) a. The submitted parts markup or labor rate shall go into effect 45 days after the warrantor’s receipt of its submission, unless, within that period, the warrantor reasonably substantiates that the submission is materially incomplete, materially inaccurate, or is materially unreasonable and provides a full explanation of any reasons that the submitted markup or rate is materially incomplete, materially inaccurate, or materially unreasonable, evidence validating each reason, a copy of all calculations used by the warrantor demonstrating any material inaccuracy, and a proposed adjusted markup or rate provided that the dealer’s submission is materially accurate based upon the qualified repair orders submitted by the dealer. In that event, the warrantor may submit only one rebuttal to the dealer, and may not thereafter add to, expand, supplement, or otherwise modify any element thereof, including, but not limited to, the warrantor’s grounds for contesting the parts markup or labor rate, unless the warrantor did not possess the information at the time of its rebuttal, or if the information is used for the purpose of rebutting the dealer’s response to the warrantor’s rebuttal.
b. If a warrantor determines from any set of repair orders submitted under this subsection that the labor rate or parts markup calculated under this subsection is substantially higher or lower than the rate currently on record with the warrantor for labor or parts, or both, the warrantor, in accordance with this subsection, may request additional repair orders for a period of 60 days prior to or 60 days subsequent to the time period for which the repair orders were submitted for purposes of an alteration, and shall have 45 days from receiving the additional repair orders to rebut the presumption that the dealer’s proposed markup and labor rates are reasonable.
(7) If the dealer and the warrantor do not agree on the parts markup or labor rate, the dealer may file an action in a court having jurisdiction in this state within 120 days of receiving the warrantor’s written rejection of the dealer’s proposed parts markup or labor rate. In that action, the warrantor shall have the burden of proving by a preponderance of the evidence that the dealer’s submitted parts markup or labor rate, or both, was materially incomplete, materially inaccurate, or materially unreasonable. Upon a court decision in favor of the dealer finding that the labor or parts rate shall be more than proposed by the warrantor, any increase in the dealer’s parts markup or labor rate arising from the proceeding shall be effective retroactively to the date 45 days following the warrantor’s receipt of the original submission to the dealer or to the warrantor.
(8) In the determination of what constitutes materially unreasonable compensation under this section, relevant factors include, but are not limited to, the prevailing wage rates paid by similarly situated dealers in the state.
","history":"(Acts 1981, No. 81-390, p. 596, §7; Acts 1991, No. 91-212, p. 398, §1; Act 2000-267, p. 415, §1; Act 2010-198, p. 300, §1; Act 2022-104, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5193,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5077,"codeId":48874,"versionId":41123,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-7.1","shortTitle":"Section 8-20-7.1","catchLine":"Compensation of Dealers for Recall Repairs.","title":"Section 8-20-7.1 Compensation of Dealers for Recall Repairs.","sectionRange":null,"content":"(a) For the purposes of this section, the following words have the following meanings:
(1) MANUFACTURER. A manufacturer, distributor or wholesaler, factory branch, or distributor branch.
(2) STOP-SALE ORDER. A notification issued by a manufacturer to its franchised new motor vehicle dealers stating that certain used vehicles in inventory shall not be sold or leased, at either retail or wholesale, due to a federal safety recall for a defect or a noncompliance, or a federal emissions recall.
(b) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be reasonable. If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles of the same line-make within 30 days of the manufacturer issuing the initial notice of recall, and the manufacturer has issued a Stop-Sale or Do-Not-Drive order on the vehicle, the manufacturer shall compensate the dealer at a prorated rate of at least one percent of the value of the vehicle per month beginning on the date that is 30 days after the date on which the Stop-Sale or Do-Not-Drive order was provided to the dealer until the earlier of either of the following:
(1) The date the recall or remedy parts are made available.
(2) The date the dealer sells, trades, or otherwise disposes of the affected used motor vehicle.
(c) The value of a used vehicle shall be the average trade-in value for used vehicles as indicated in an independent third party guide for the year, make, and model of the recalled vehicle.
(d) This section shall apply only to used vehicles subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and regulations adopted thereunder and where a Stop-Sale or Do-Not-Drive order has been issued and repair parts or remedy remain unavailable for 30 days or longer. This section further shall apply only to new motor vehicle dealers holding an affected used vehicle for sale:
(1) In inventory at the time the Stop-Sale or Do-Not-Drive order was issued; or
(2) Which was taken in the used vehicle inventory of the dealer as a consumer trade-in incident to the purchase of a new vehicle from the dealer after the Stop-Sale or Do-Not-Drive order was issued; and
(3) That is a line-make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs.
(e) Subject to the audit provisions of subsection (d) of Section 8-20-7, it shall be a violation of this section for a manufacturer to reduce the amount of compensation otherwise owed to an individual new motor vehicle dealer, whether through a chargeback, removal of the individual dealer from an incentive program, or reduction in amount owed under an incentive program solely because the new motor vehicle dealer has submitted a claim for reimbursement under this section. This subsection shall not apply to an action by a manufacturer that is applied uniformly among all dealers of the same line-make in the state.
(f) All reimbursement claims made by new motor vehicle dealers pursuant to this section for recall remedies or repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a Stop-Sale or Do-Not-Drive order, shall be subject to the same limitations and requirements as a warranty reimbursement claim made under subsection (d) of Section 8-20-7. In the alternative, a manufacturer may compensate its franchised dealers under a national recall compensation program, provided the compensation under the program is equal to or greater than that provided under subsection (b) or as the manufacturer and dealer otherwise agree.
(g) A manufacturer may direct the manner and method in which a dealer must demonstrate the inventory status of an affected used motor vehicle to determine eligibility under this section, provided that the manner and method may not be unduly burdensome and may not require information that is unduly burdensome to provide.
(h) Nothing in this section shall require a manufacturer to provide total compensation to a dealer which would exceed the total average trade-in value of the affected used motor vehicle as originally determined under subsection (c).
(i) Any remedy provided to a dealer under this section is exclusive and may not be combined with any other state or federal recall compensation remedy.
","history":"(Act 2017-148, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5194,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5078,"codeId":23831,"versionId":18866,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-8","shortTitle":"Section 8-20-8","catchLine":"Warranty Obligations of Manufacturers and Dealers to Consumers.","title":"Section 8-20-8 Warranty Obligations of Manufacturers and Dealers to Consumers.","sectionRange":null,"content":"Every manufacturer and new motor vehicle dealer shall fulfill the terms of any express or implied warranty concerning the sale of a new motor vehicle to the public of the line make which is the subject of a contract or franchise agreement between the parties. If it is determined by a court of competent jurisdiction that either the manufacturer or new motor vehicle dealer, or both, have violated an express or implied warranty, the court shall add to any award or relief granted an additional award for reasonable attorney’s fees.
","history":"(Acts 1981, No. 81-390, p. 596, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5195,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5079,"codeId":23832,"versionId":18868,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-9","shortTitle":"Section 8-20-9","catchLine":"Transportation Damages.","title":"Section 8-20-9 Transportation Damages.","sectionRange":null,"content":"(a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles occurring after acceptance of the new motor vehicle from the carrier and before delivery to the ultimate purchaser.
(b) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles occurring before delivery to a carrier or transporter. If a new motor vehicle dealer determines the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier. In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer or his designee accepts the vehicle from the carrier.
(c) With respect to new or used vehicles sold or otherwise transferred by the manufacturer to a new motor vehicle dealer, the manufacturer shall notify in writing the new motor vehicle dealer of all damage and repairs made to such vehicle which is known to the manufacturer.
","history":"(Acts 1981, No. 81-390, p. 596, §9; Acts 1991, No. 91-212, p. 398, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5196,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5080,"codeId":23835,"versionId":18870,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-10","shortTitle":"Section 8-20-10","catchLine":"Dealer’s Right of Free Association with Other Dealers.","title":"Section 8-20-10 Dealer’s Right of Free Association with Other Dealers.","sectionRange":null,"content":"Every motor vehicle dealer shall have the right of free association with other motor vehicle dealers for any lawful purpose.
","history":"(Acts 1981, No. 81-390, p. 596, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5197,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5081,"codeId":23837,"versionId":18872,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-11","shortTitle":"Section 8-20-11","catchLine":"Remedies.","title":"Section 8-20-11 Remedies.","sectionRange":null,"content":"Notwithstanding the terms, provisions, or conditions of any dealer agreement or franchise or the terms or provisions of any waiver, and notwithstanding any other legal remedies available, any person who is injured in his business or property by a violation of this chapter by the commission of any unfair and deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations, to recover the damages sustained by him together with the costs of the suit, including a reasonable attorney’s fee.
","history":"(Acts 1981, No. 81-390, p. 596, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5198,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5082,"codeId":23839,"versionId":18874,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-12","shortTitle":"Section 8-20-12","catchLine":"Time Limitation on Bringing of Civil Actions; Time of Accrual of Cause of Action.","title":"Section 8-20-12 Time Limitation on Bringing of Civil Actions; Time of Accrual of Cause of Action.","sectionRange":null,"content":"Except as otherwise provided in paragraph l. of subdivision (3) of Section 8-20-4, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of the provisions of this chapter.
","history":"(Acts 1981, No. 81-390, p. 596, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5199,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5083,"codeId":23841,"versionId":18876,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-13","shortTitle":"Section 8-20-13","catchLine":"Procedure, Protection, and Remedies Available to Motor Vehicle Distributors.","title":"Section 8-20-13 Procedure, Protection, and Remedies Available to Motor Vehicle Distributors.","sectionRange":null,"content":"All procedures, protections, and remedies afforded to a motor vehicle dealer under Sections 8-20-1 through 8-20-12 of this chapter shall be available to a motor vehicle distributor whose distributor agreement is terminated, canceled, not renewed, modified or replaced by a manufacturer or an importer.
","history":"(Acts 1991, No. 91-567, p. 1048, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5200,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5084,"codeId":40832,"versionId":33031,"parentId":23817,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20-14","shortTitle":"Section 8-20-14","catchLine":"Applicability of Chapter.","title":"Section 8-20-14 Applicability of Chapter.","sectionRange":null,"content":"This chapter shall apply to all franchise or dealer agreements in force and effect on March 9, 2010, and to all franchise or dealer agreements, amendments, and renewals to dealer agreements made after March 9, 2010. The Motor Vehicle Franchise Act and Act 2010-198, shall supersede and control all provisions of any franchise or dealer agreement inconsistent with Act 2010-198 or the Motor Vehicle Franchise Act. Act 2010-198 and the Motor Vehicle Franchise Act shall not be modified or superseded by a choice of law clause in any franchise or dealer agreement, waiver, or other written instrument. These provisions shall apply to all written agreements between a manufacturer and dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or deeds of trust of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and other agreements between a dealer and a manufacturer.
","history":"(Act 2010-198, p. 300, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5201,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5085,"codeId":23844,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"20A","shortTitle":"Chapter 20A","catchLine":"Motor Vehicle Lemon Law Rights.","title":"Chapter 20A Motor Vehicle Lemon Law Rights.","sectionRange":"§8-20A-1 to §8-20A-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5202,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5086,"codeId":23845,"versionId":18879,"parentId":23844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20A-1","shortTitle":"Section 8-20A-1","catchLine":"Definitions.","title":"Section 8-20A-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the respective meanings as indicated:
(1) CONSUMER. The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
(2) MOTOR VEHICLE. Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term “motor vehicle” shall not apply to motor homes or to any motor vehicle having a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds or more.
(3) MANUFACTURER. The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.
(4) MOTOR VEHICLE DEALER or AUTHORIZED DEALER. The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.
(5) EXPRESS WARRANTY. A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(6) NONCONFORMING CONDITION. Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.
(7) NOTICE OF A NONCONFORMING CONDITION. A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.
(8) LEMON LAW RIGHTS PERIOD. The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.
","history":"(Acts 1990, No. 90-479, p. 701, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5203,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5087,"codeId":23847,"versionId":18881,"parentId":23844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20A-2","shortTitle":"Section 8-20A-2","catchLine":"Obligations of Manufacturer.","title":"Section 8-20A-2 Obligations of Manufacturer.","sectionRange":null,"content":"(a) If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer’s obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.
(b) If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:
(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;
(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;
(3) All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and
(4) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer’s use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.
(c) It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:
(1) The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or
(2) The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.
","history":"(Acts 1990, No. 90-479, p. 701, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5204,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5088,"codeId":23848,"versionId":18882,"parentId":23844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20A-3","shortTitle":"Section 8-20A-3","catchLine":"Cause of Action Against Manufacturer.","title":"Section 8-20A-3 Cause of Action Against Manufacturer.","sectionRange":null,"content":"(a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.
(b) It shall be an affirmative defense to any claim against the manufacturer under this chapter that: (i) an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (ii) a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.
(c) If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.
","history":"(Acts 1990, No. 90-479, p. 701, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5205,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5089,"codeId":23850,"versionId":18884,"parentId":23844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20A-4","shortTitle":"Section 8-20A-4","catchLine":"Resale of Returned Motor Vehicle.","title":"Section 8-20A-4 Resale of Returned Motor Vehicle.","sectionRange":null,"content":"If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:
(1) The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.
(2) The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.
","history":"(Acts 1990, No. 90-479, p. 701, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5206,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5090,"codeId":23851,"versionId":18885,"parentId":23844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20A-5","shortTitle":"Section 8-20A-5","catchLine":"No Dealership Liability.","title":"Section 8-20A-5 No Dealership Liability.","sectionRange":null,"content":"Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.
","history":"(Acts 1990, No. 90-479, p. 701, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5207,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5091,"codeId":23852,"versionId":18886,"parentId":23844,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-20A-6","shortTitle":"Section 8-20A-6","catchLine":"Statute of Limitations.","title":"Section 8-20A-6 Statute of Limitations.","sectionRange":null,"content":"Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.
","history":"(Acts 1990, No. 90-479, p. 701, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5208,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5092,"codeId":23856,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"21A","shortTitle":"Chapter 21A","catchLine":"The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.","title":"Chapter 21A The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.","sectionRange":"§8-21A-1 to §8-21A-13","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5209,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5093,"codeId":23857,"versionId":18887,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-1","shortTitle":"Section 8-21A-1","catchLine":"Short Title.","title":"Section 8-21A-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as “The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.”
","history":"(Acts 1991, No. 91-721, p. 1401, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5210,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5094,"codeId":23859,"versionId":26257,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-2","shortTitle":"Section 8-21A-2","catchLine":"Definitions.","title":"Section 8-21A-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the ascribed meanings unless the context indicates a different meaning:
(1) CONTINUING COMMERCIAL RELATIONSHIP. Any relationship in which the equipment dealer has been granted the right to sell and/or service equipment manufactured by the supplier.
(2) COST or NET COST. The actual price paid by the dealer to the manufacturer, distributor, or wholesaler, plus freight costs paid by or charged to the dealer.
(3) CURRENT NET PRICE. The dealer’s price as listed in the supplier’s effective price list and/or catalog.
(4) DEALER CONTRACT, DEALER AGREEMENT, or FRANCHISE. An agreement or contract, expressed or implied, oral or written, by and between a supplier and a dealer by which the dealer is granted the right to purchase, sell, distribute, and/or service the supplier’s equipment, and in which there is a community of interest in the marketing of farm tractors, lawn and garden equipment, light industrial equipment, or services related thereto.
(5) EQUIPMENT. Machines designed for or adapted and used for agriculture, horticulture, irrigation for agriculture or horticulture, livestock, grazing, lawn and garden, and/or light industrial purposes.
(6) EQUIPMENT DEALER, TRACTOR DEALER, DEALER, LIGHT INDUSTRIAL DEALER, DEALERSHIP, EQUIPMENT DEALERSHIP. Any person, partnership, corporation, association, or other business entity engaged primarily in the business of selling, retailing, and/or leasing and servicing farm tractors, machines, implements, lawn and garden tractors and equipment, and light industrial tractors and equipment, along with attachments and related repair parts. This includes lawn and garden dealers or light industrial dealers that are not primarily engaged in the farm equipment business. This does not include persons or companies primarily engaged in the sales of heavy duty industrial tractors and equipment used in road construction or maintenance, or forestry equipment. This does not include persons primarily engaged in the auction sale of tractors and farm equipment and light industrial equipment nor dealers in exclusively used tractors, farm equipment, and light industrial equipment.
(7) GOOD CAUSE. Failure of the dealer to substantially comply with requirements of the dealer agreement, provided such requirements are not different from, nor enforced differently than those requirements imposed on other similarly situated dealers.
(8) INVENTORY. Tractors, farm implements, machinery, equipment, lawn and garden tractors and equipment, light industrial tractors and equipment, and repair parts held by the dealer.
(9) MANUFACTURER, DISTRIBUTOR, or WHOLESALER. Any person, company, or corporation who sells or distributes new tractors, lawn and garden equipment, and light industrial equipment to dealers or any branch or division, or any officer, agent, or representative thereof.
(10) RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise.
(11) SUPPLIER. The manufacturer, wholesaler, or distributor of the tractor, equipment, lawn and garden equipment, light industrial tractors and equipment, and/or repair parts to be sold by the dealer.
(12) TERMINATION. The termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement.
(13) WRITTEN NOTICE. In addition to a delivered written notice, such notice shall include notice by any other accepted means including, but not limited to, notice by “electronic mail” or its equivalent.
","history":"(Acts 1991, No. 91-721, p. 1401, §2; Acts 1993, No. 93-614, p. 1006, §1(2); Act 2003-356, p. 967, §1; Act 2004-556, p. 1196, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5211,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5095,"codeId":23860,"versionId":25847,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-3","shortTitle":"Section 8-21A-3","catchLine":"Violations by Suppliers Generally.","title":"Section 8-21A-3 Violations by Suppliers Generally.","sectionRange":null,"content":"It shall be a violation of this chapter for a supplier to do any of the following:
(1) To coerce, compel, or require any dealer to order or accept delivery of any equipment or parts with special features or accessories not included in the base list price of such equipment as publicly advertised by the supplier which the dealer has not voluntarily ordered.
(2) To coerce, compel, or require any dealer to enter into any agreement, whether written or oral, as a supplement to an existing dealer agreement with such supplier unless such supplemental agreement is imposed on all other dealers in the state doing business with that same supplier.
(3) To discriminate in the delivery of equipment to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment dealer’s order, if the equipment covered by the dealer agreement was specifically represented by the supplier to be available for immediate delivery. However, the failure to deliver the equipment shall not be considered a violation of this chapter if the failure is due to prudent and reasonable restriction on the extension of credit by the supplier to the dealer, an act of God, work stoppage or delay due to a strike or a labor difficulty, a bona fide shortage of materials, freight embargo, or other causes over which the supplier has no control.
(4) To terminate, cancel, or fail to renew a dealer’s agreement or substantially alter that dealer’s competitive circumstances without good cause.
(5) To condition the renewal or extension of a dealer agreement on the dealer’s substantial renovation of the dealer’s place of business or on the construction, purchase, acquisition, or rental of a new place of business by the dealer, unless:
a. the dealer is given at least 12 months’ notice in advance;
b. the supplier’s demand is shown to be reasonable; and
c. the supplier can demonstrate an actual need or necessity for such a change in the place of business in order that the dealer be in a position to adequately serve the public’s needs in his or her trade area at that particular time.
(6) To discriminate in the offering of net prices, sale promotion plans, or any and all other devices of programs that affect the ultimate net price paid by the dealer for any item of equipment offered to the dealer by the supplier. “Item of equipment” shall include, but not be limited to, tractors, any equipment or attachments, garden tractors, lawn and garden equipment, or any other items offered by supplier to their dealer. This subdivision shall not apply to the sales to an equipment dealer for resale to any unit or agency of the United States government, the state, or any of its political subdivisions or any municipality located within this state, and provided further that there is no violation of this subdivision so long as a supplier sells or offers to sell its products to all of its dealers at an equal price.
(7) To prevent or attempt to prevent, by contract or otherwise, any dealer from changing the capital structure of his or her dealership or the means or sources through which he or she finances the operation of his or her dealership so long as the dealer continues to meet the reasonable capital requirements which have previously been agreed upon by dealer and supplier and the change does not result in a change of controlling interest, or in the executive management of the dealership.
(8) To prevent or attempt to prevent, by contract or otherwise, any equipment dealer or any officer, member, partner, or stockholder of any dealer from selling or transferring any part of the interest of any one of them to any other person or persons or party or parties. However, no dealer, officer, partner, member, or stockholder shall have the right to sell, transfer, or assign the dealership and/or the dealer agreement without the written consent of the supplier, provided however that consent shall not be unreasonably withheld.
(9) To require the dealer to agree to a release, agreement, waiver, or any other modification that would relieve supplier or dealer from liability imposed by this chapter.
(10)a. To unreasonably withhold consent, in the event of the death of the dealer or the principal owner of the dealership, to the transfer of the dealer’s interest in the dealership to a member or members of the family of the dealer or the principal owner of the dealership or to another qualified individual if the family member or other qualified individual meets the reasonable requirements, business experience, and character standards required of all dealers at that time by the supplier. In the event the supplier determines that the designated family member or other qualified individual is not acceptable, the supplier shall provide the dealer or his or her family with written notice of its objections and specific reasons for withholding its consent. Frivolous or capricious reasons will not be acceptable to satisfy the requirements of this section. A supplier shall have 30 days in which to consider and make a determination on a dealer’s request to make a transfer to a family member or other qualified individual. As used herein, “family” means a spouse, parents, siblings, children, stepchildren, sons-in-law, daughters-in-law, and lineal descendants including those by adoption of the dealer or principal owner of the dealership.
b. Notwithstanding the foregoing, in the event that a supplier and dealer have previously duly executed an agreement concerning succession rights prior to the dealer’s death, and if the agreement has not been revoked, the agreement shall be observed, even if it designates someone other than the surviving spouse or heirs of the decedent as the successor.
(11) To prevent a dealer from having an investment in or holding a dealership contract for the sale of competing product lines or makes of equipment, or to require a dealer to provide separate facilities for competing product lines or makes of equipment.
(12) To impose, directly or indirectly, unreasonable restrictions on the dealer relative to transfer, renewal, termination, location, or site control.
(13) Notwithstanding the provisions of this section, the supplier may determine that a dealer’s area of responsibility or trade area does not afford sufficient sales potential to continue to reasonably support a dealer.
","history":"(Acts 1991, No. 91-721, p. 1401,§3; Act 2003-356, p. 976, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5212,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5096,"codeId":23862,"versionId":25848,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-4","shortTitle":"Section 8-21A-4","catchLine":"Termination, Cancellation, or Nonrenewal of Dealer Agreement; Sales Contract, Etc.; New or Relocated Dealership; Sale or Lease of New Equipment.","title":"Section 8-21A-4 Termination, Cancellation, or Nonrenewal of Dealer Agreement; Sales Contract, Etc.; New or Relocated Dealership; Sale or Lease of New Equipment.","sectionRange":null,"content":"(a) Except as provided in subsection (d), notwithstanding any dealer agreement, sales contract, franchise agreement, or other agreement by and between dealer and supplier except where grounds for termination or nonrenewal of a dealer’s agreement or a change in his or her competitive position are contained in subdivisions (1), (2), (3), (4), (5), or (6) of subsection (b), a supplier shall give a dealer at least 90 days’ written notice of the supplier’s intent to terminate, cancel, or not renew a dealer agreement or change the dealer’s competitive circumstances. The notice shall state all reasons relied upon by supplier to show good cause for the action and shall provide the dealer with a reasonable time in which to correct any claimed deficiency with a minimum of at least six months. Once mutually agreeable steps have been outlined, agreed upon, and implemented, then the notice of termination shall be void. The contractual terms of the dealer agreement shall not expire or a change be made in the dealer’s competitive circumstances, without the written consent of the dealer, prior to the expiration of at least 90 days following the notice.
(b) As used in this chapter, a termination by a supplier of a dealer’s agreement or a change by the supplier in dealer’s competitive circumstances, shall be with good cause when the dealer has done any of the following:
(1) Transferred a controlling ownership interest in the dealership without the supplier’s consent.
(2) Made a material misrepresentation to the supplier when applying for the dealer agreement.
(3) Filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within 60 days after the filing; is in default under the provisions of a security agreement in effect with the supplier; or is insolvent or in receivership.
(4) Been convicted of a felony.
(5) Failed to operate in the normal course of business for seven consecutive business days or has terminated the business.
(6) Relocated the dealer’s place of business without the supplier’s consent.
(7) Consistently engaged in business practices which are detrimental to the consumer or supplier by way of excessive pricing, misleading advertising, failure to provide service and replacement parts or perform warranty obligations.
(8) Consistently failed to comply with the applicable licensing laws pertaining to the products and services being represented for and on supplier’s behalf.
(c) No supplier shall base its decision to terminate, cancel, or not renew a dealer agreement or to change the dealer’s competitive circumstances on any of the subdivisions of subsection (b) except subdivisions (1), (2), (3), (4), (5), or (6) thereof unless the supplier can demonstrate through written documentation and clear and convincing evidence, the alleged lack of sales demand to support a dealership, alleged misconduct and/or lack of performance or other deficiency of the dealer. Furthermore, supplier shall also show that the reason for the decision to terminate, cancel, or not renew the dealer agreement or change the dealer’s competitive circumstances was in no way caused by supplier’s actions.
(d) Before termination of the franchise or selling agreement because of the failure of a dealer to meet reasonable marketing criteria or market penetration, the manufacturer, distributor, or wholesaler shall provide written notice of that intention at least one year in advance. After notice, the manufacturer or other entity issuing the notice shall make good faith efforts to work with the dealer to gain the desired market share including, without limitation, reasonably making available to the dealer an adequate inventory of new equipment and parts and competitive marketing programs. The manufacturer or other entity, at the end of the one-year notice period, may terminate or elect not to renew the agreement only upon further written notice specifying the reasons for determining that the dealer failed to meet reasonable criteria or market penetration. The written notice shall specify that termination is effective 90 days from the date of the notice. If the dealer cures the claimed deficiency within the 90-day period, the franchise or selling agreement shall not be terminated.
(e) Any manufacturer, distributor, or wholesaler which intends to establish a new dealership or to relocate a current dealership for a particular product line or make of equipment within the relevant market area of an existing dealership of the same product line or make of equipment shall give a written 90-day notice of that intent by certified mail or statutory overnight delivery, return receipt requested, to the existing dealership. The notice shall include all of the following:
(1) The specific location of the additional or relocated dealership.
(2) The date on or after which the additional or relocated dealership will commence operation at the new location.
(3) The identity of all existing dealerships in whose relevant market area the new or relocated dealership is to be located.
(4) The names and addresses of the dealer and principals in the new or relocated dealership.
(f) A manufacturer, distributor, or wholesaler may sell or lease new equipment for use within this state. If the equipment is prepared for delivery or serviced by a dealer, the manufacturer, distributor, or wholesaler shall reasonably compensate the dealer for the preparation and delivery of the new equipment and pay to the dealer a reasonable commission on the sale or lease of the new equipment which shall not be less than eight percent of the sale price of the equipment. The manufacturer, distributor, or wholesaler, if practicable, shall utilize the dealer in the relevant market area described in this subsection for preparation and delivery. This compensation shall be paid or credited in the same manner as provided in Section 8-21A-10. This subsection shall not be applicable to any liquidation or sale of equipment which has been ordered by any court. For purposes of this subsection, equipment is considered to be used primarily within the relevant market area of a dealer if the new equipment is located or housed at a facility of the user located within that relevant market area.
","history":"(Acts 1991, No. 91-721, p. 1401, §4; Act 2003-356, p. 976, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5213,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5097,"codeId":23864,"versionId":25849,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-5","shortTitle":"Section 8-21A-5","catchLine":"Supplier’s Duties to Dealers - Provision of Repair Parts; Return of Surplus Parts.","title":"Section 8-21A-5 Supplier’s Duties to Dealers - Provision of Repair Parts; Return of Surplus Parts.","sectionRange":null,"content":"(a) Every supplier shall provide for the availability of repair parts throughout the reasonable useful life of any equipment sold by the supplier or dealer.
(b) Every supplier shall give written notice to and provide to its dealers, on at least an annual basis, an opportunity to return a portion of dealer’s surplus parts inventory for credit. This surplus procedure shall be administered as follows:
(1) The supplier must notify its equipment dealers of a time period, in no event less than 90 days’ duration, during which time equipment dealers may submit their surplus parts lists and return their surplus parts to the supplier.
(2) Pursuant to this subdivision, a supplier must allow surplus parts return authority on a dollar value of parts equal to 10 percent of the total dollar value of parts purchased on stock order by the dealer from the supplier during the twelve month period immediately preceding the notification to the dealer by the supplier or the surplus parts return program, or the month the dealer’s return request is made, whichever is applicable. However, the dealer may wish to return less than 10 percent of the total value of stock order parts purchased by the dealer from supplier during the preceding twelve month period as provided above. This has no effect on the validity of this section or the dealer’s rights hereunder.
(c) This chapter shall not require the repurchase from a dealer of any of the following:
(1) Any single repair part which is priced as a set of two or more items.
(2) Any repair part which, because of the condition, is not resalable as a new part without repackaging or reconditioning.
(3) Any inventory for which the dealer is unable to furnish evidence, reasonably satisfactory to the manufacturer, distributor, wholesaler, of good title, free and clear of all claims, liens, and encumbrances.
(4) Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so. No obsolete or superseded part may be returned, but any part listed in the supplier’s current parts price list or any superseded part that has not been the subject of the supplier’s parts return program at the date of notification to the dealer by the supplier of the surplus parts return program, or the date of the dealer’s parts return request, whichever is applicable shall be eligible for return for the credit specified.
(d) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the dealer’s cost thereof as listed in the supplier’s current parts list at the date of the notification to the dealer by the supplier of the surplus parts return program, or the date of the dealer’s parts return request, whichever is applicable.
(e) Applicable credit hereunder shall be issued to the dealer within 60 days after receipt of the dealer’s returned parts by the supplier.
(f) All packing and return freight expenses incurred in the return of surplus parts under the terms of this section shall be the obligation of and borne by the dealer.
(g) This section shall be supplemental to any agreement between the dealer and the supplier covering the return of farm equipment, attachments, and repair parts which provides the equipment dealer with greater protection. The dealer can elect to pursue either his or her dealer agreement remedy or the remedy provided by state law, and an election by the dealer to pursue the agreement remedy shall not bar the right to the remedy provided herein as to those repair parts not affected by the contract remedy. Notwithstanding anything contained herein, the rights of a supplier to charge back to the dealer’s account previously paid or credited as a discount incident to the dealer’s purchase of goods shall not be affected. Further, any repurchase hereunder shall not be subject to the bulk sales law.
","history":"(Acts 1991, No. 91-721, p. 1401, §5; Act 2003-356, p. 976, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5214,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5098,"codeId":23866,"versionId":18889,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-6","shortTitle":"Section 8-21A-6","catchLine":"Supplier’s Duties to Dealers - Agreements to Maintain Inventory; Supplier’s Duty to Repurchase Inventory, Etc. Upon Termination of Agreement; Transfer of Title and Right of Possession; Continuing Security Interest; Items Not Covered; Civil Liability of Supplier; Remedies.","title":"Section 8-21A-6 Supplier’s Duties to Dealers - Agreements to Maintain Inventory; Supplier’s Duty to Repurchase Inventory, Etc. Upon Termination of Agreement; Transfer of Title and Right of Possession; Continuing Security Interest; Items Not Covered; Civil Liability of Supplier; Remedies.","sectionRange":null,"content":"(a) Whenever any dealer enters into a dealer agreement with a supplier wherein the dealer agrees to maintain an inventory of equipment and/or repair parts and the dealer agreement is subsequently terminated or not renewed, whether by either party or mutual consent of both, the supplier shall repurchase the inventory as provided in this section. Further, supplier shall repurchase at its fair market value or assume the lease responsibilities of any specific data processing hardware and/or software that the supplier required the dealer to purchase to satisfy the minimum requirements of the dealer agreement and repurchase at 75 percent of the current net price any merchandising tools, accessories, and specialized repair tools, previously purchased pursuant to requirements of the supplier and held by the dealer on the date of termination. Dealer may, at his option, elect to retain such tools if it is not in violation of any contract terms held by the supplier.
(b) If the dealer decides not to keep the inventory, supplier shall repurchase the inventory, specific data processing hardware and software, merchandising equipment, tools, and accessories, and specialized repair tools previously purchased by dealer and held by dealer on the date of termination of the dealer agreement. Supplier shall pay 100 percent of the net cost of all new, unsold, undamaged and complete tractors and equipment, 100 percent of the current net price of all new, unused, undamaged repair parts and accessories which are listed in the supplier’s effective price list or catalog. The supplier shall also pay the dealer six percent of the current net price of all new, unused and undamaged repair parts returned as payment for the cost of handling, packing, and loading. Supplier shall have the option of performing the handling, packing, and loading and paying 100 percent of the current net price of parts in lieu of paying the additional six percent sum imposed herein for these services and in this case, the dealer shall make available to the supplier, at the dealer’s address or at the places at which it is located, all equipment previously purchased by the dealer, after a satisfactory repurchase amount has been negotiated. Provided, however, that merchandising tools and accessories and specialized repair tools must have been purchased within the last three years, and must be complete, usable and unique to the product line.
(c) Upon payment or credit of the repurchase amount to the dealer, the title and right to possession of the repurchased inventory shall transfer or be transferred to the supplier and, notwithstanding the provisions for the state’s Uniform Commercial Code to file notice of a security interest, the dealer shall have a continuing security interest in the inventory until payment or the issuance of credit against any undisputed account balance claimed against dealer by supplier.
(d) The provisions of this chapter shall not require the repurchase from the dealer by supplier of:
(1) Any single repair part which is priced as a set of two or more items;
(2) Any repair part which, because of its condition, is not resalable as a new part without reconditioning or repairing;
(3) Any inventory from which the dealer is unable to furnish evidence, reasonably satisfactory to the supplier, of good title, free and clear of all claims, liens, and encumbrances;
(4) Any inventory which the equipment dealer desires to keep, provided dealer has a contractual right to do so;
(5) Any equipment or repair parts which are not in new, unused, undamaged condition;
(6) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination or nonrenewal of the dealer agreement; or
(7) Any inventory which was acquired by the dealer from any source other than the supplier, other than a successor in interest as provided in Section 8-21A-9.
(e) If any supplier shall fail or refuse to repurchase any inventory covered under the provisions of this chapter within ninety days after termination or nonrenewal of dealer agreement, the supplier shall be civilly liable to the dealer for the total amount of 115 percent of the current net price of the inventory, plus any freight charges paid by the dealer, plus all cost of financing such repurchase, including court costs, and reasonable attorney’s fee as awarded by court or statute.
","history":"(Acts 1991, No. 91-721, p. 1401, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5215,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5099,"codeId":23868,"versionId":18891,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-7","shortTitle":"Section 8-21A-7","catchLine":"Supplier’s Duties to Dealers - Death or Incapacity of Dealer or Majority Stockholder of Corporation Acting as Dealer; Inventory Repurchase; Applicability of Rights and Remedies.","title":"Section 8-21A-7 Supplier’s Duties to Dealers - Death or Incapacity of Dealer or Majority Stockholder of Corporation Acting as Dealer; Inventory Repurchase; Applicability of Rights and Remedies.","sectionRange":null,"content":"(a) In the event of the death or incapacity of the dealer or majority stockholder of a corporation operating as an equipment dealer, the supplier shall, at the option of the heirs at law, if dealer died intestate, or the executor or executrix under the terms of deceased dealer’s will, if dealer died testate, repurchase the inventory from the estate the same as if the supplier had terminated the dealer agreement with good cause. The inventory repurchase provisions of Section 8-21A-6 are made expressly applicable hereto. The heirs or executor shall have nine months from the date of death of the dealer or majority stockholder to exercise the option hereunder. Nothing in this chapter shall require the repurchase of deceased dealer’s inventory if the heirs or the executor and supplier subsequently enter into a new dealer agreement, or if a successor to the deceased dealer is agreed upon in accordance with the provisions of this chapter.
(b) The provisions of this section shall be supplemental to any agreement between the dealer and the supplier covering the return of farm equipment, attachments, and/or repair parts which provide the dealer with greater protection. The heirs or executor can elect to pursue either the contract remedy or the remedy provided herein, and an election by the heirs or executor to pursue contract remedy shall not bar such heirs or executor’s right to the remedy provided herein as to the farm equipment, attachments and/or repair parts not affected by the contract remedy. Any repurchase hereunder is not to be subject to the bulk sales law of this state. Further, nothing shall preclude a price for return parts which is greater than the total allowance for parts allowed herein and the shipping allowance; in such case, the packing, freight and handling expense shall not be borne by the supplier as to such overage.
","history":"(Acts 1991, No. 91-721, p. 1401, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5216,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5100,"codeId":23870,"versionId":18893,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-8","shortTitle":"Section 8-21A-8","catchLine":"Dealer’s Action Against Supplier for Violations; Civil Liability and Remedies.","title":"Section 8-21A-8 Dealer’s Action Against Supplier for Violations; Civil Liability and Remedies.","sectionRange":null,"content":"Any dealer may bring an action against a supplier in court of competent jurisdiction for damages sustained by the dealer as a result of supplier’s violation of any part of this chapter, together with the actual costs of the action, including but not limited to, reasonable attorney’s fees along with any consequential damages sustained by the dealer. Dealer may also be granted injunctive relief against the unlawful termination, cancellation, nonrenewal or change in competitive circumstances by the supplier. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
","history":"(Acts 1991, No. 91-721, p. 1401, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5217,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5101,"codeId":23872,"versionId":18895,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-9","shortTitle":"Section 8-21A-9","catchLine":"Supplier’s Obligations Applied to Successor in Interest or Assignee.","title":"Section 8-21A-9 Supplier’s Obligations Applied to Successor in Interest or Assignee.","sectionRange":null,"content":"The obligation of any supplier is applied to and made an obligation of any successor in interest or assignee of the supplier. A successor in interest includes, but is not limited to, any purchaser of the assets or stock, any surviving entity resulting from merger or liquidation, any receiver or any trustee of the original supplier.
","history":"(Acts 1991, No. 91-721, p. 1401, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5218,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5102,"codeId":23873,"versionId":25850,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-10","shortTitle":"Section 8-21A-10","catchLine":"Warranty Agreement on New Equipment; Warranty Claims.","title":"Section 8-21A-10 Warranty Agreement on New Equipment; Warranty Claims.","sectionRange":null,"content":"(a) Every supplier shall provide a fair and reasonable warranty agreement on any new equipment which it sells and shall fairly compensate each of its dealers for parts and labor used in fulfilling the warranty agreement. All claims for paying under the warranty agreement made by dealers hereunder for parts and labor shall be paid within 30 days following their approval by supplier. All claims shall be either approved or disapproved within 60 days after their receipt by supplier. Upon disapproval of any claim submitted by the dealer, and within the time periods set forth in this section, the dealer shall be notified in writing of disapproval, along with specific reasons for the disapproval and curative steps required.
(b) All warranty work performed by the dealer under this section shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions thereof multiplied by the dealer’s established customer hourly labor rate, which shall have previously been made known to supplier. All parts used by dealer in warranty work shall be paid to dealer in the amount of dealer’s net price for the parts, plus 15 percent of that sum or the supplier’s current reimbursement program for warranty work, whichever is greater. The payment is to reimburse the dealer for dealer’s reasonable costs of doing business and providing such warranty service on the supplier’s behalf. The supplier shall have the right to adjust errors discovered during audit and if necessary to adjust claims collected in error.
(c) It shall be unlawful to deny, delay payment for, or restrict a claim by a dealer for warranty service or parts, incentives, hold-backs, or other amounts owed to a dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim that affects its validity.
(d) A manufacturer, distributor, or wholesaler may audit warranty claims submitted by its dealers only for a period of up to one year following payment of the claims and may charge back to its dealers only those amounts based upon paid claims shown by the audit to be invalid except that this limitation shall not apply in any case of fraudulent claims.
(e) Any audit of a dealer by or on behalf of a manufacturer, distributor, or wholesaler for sales incentives, service incentives, rebates, or other forms of incentive compensation shall be completed not later than six months after the date of the termination of the incentive compensation program except that this limitation shall not apply in any case of fraudulent claims.
","history":"(Acts 1991, No. 91-721, p. 1401, §10; Act 2003-356, p. 976, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5219,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5103,"codeId":23876,"versionId":18896,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-11","shortTitle":"Section 8-21A-11","catchLine":"Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or Design Beyond Dealer’s Control.","title":"Section 8-21A-11 Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or Design Beyond Dealer’s Control.","sectionRange":null,"content":"The supplier will fully indemnify and hold harmless its dealer against any losses, including but not limited to: court costs, reasonable attorney’s fees, any damages arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty either express or implied, or recession of the sale where the complaint, claim or lawsuit relates to the manufacture, assembly, or design of new items covered by this chapter, parts, or accessories, or other matters relating to the manufacturer, beyond the control of the dealer.
","history":"(Acts 1991, No. 91-721, p. 1401, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5220,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5104,"codeId":23878,"versionId":18897,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-12","shortTitle":"Section 8-21A-12","catchLine":"Action for Injunction, Damages, Etc., for Violations of Chapter, Unfair, or Deceptive Trade Practices, and Other Unlawful Acts.","title":"Section 8-21A-12 Action for Injunction, Damages, Etc., for Violations of Chapter, Unfair, or Deceptive Trade Practices, and Other Unlawful Acts.","sectionRange":null,"content":"Notwithstanding the terms, provisions or conditions of any dealer franchise or dealer agreement or the terms or provisions of any waiver, and notwithstanding any other legal remedies available, any person who is injured in his business or property by a violation of this chapter, by the commission of any unfair and/or deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in a court of competent jurisdiction to enjoin further violations, to recover any damages sustained by him, together with the costs of the suit, including a reasonable attorney’s fee. This section applies equally to both manufacturers and dealers.
","history":"(Acts 1991, No. 91-721, p. 1401, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5221,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5105,"codeId":23880,"versionId":18899,"parentId":23856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21A-13","shortTitle":"Section 8-21A-13","catchLine":"Statute of Limitations; Accrual of Cause of Action.","title":"Section 8-21A-13 Statute of Limitations; Accrual of Cause of Action.","sectionRange":null,"content":"Except as otherwise provided, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until constituting a violation of the provisions of this chapter.
","history":"(Acts 1991, No. 91-721, p. 1401, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5222,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5106,"codeId":38287,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"21B","shortTitle":"Chapter 21B","catchLine":"Alabama Heavy Equipment Dealer Act.","title":"Chapter 21B Alabama Heavy Equipment Dealer Act.","sectionRange":"§8-21B-1 to §8-21B-15","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5223,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5107,"codeId":38288,"versionId":30928,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-1","shortTitle":"Section 8-21B-1","catchLine":"Short Title.","title":"Section 8-21B-1 Short Title.","sectionRange":null,"content":"This chapter shall be known as and may be cited as the Alabama Heavy Equipment Dealer Act.
","history":"(Act 2009-755, p. 2279, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5224,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5108,"codeId":38289,"versionId":30929,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-2","shortTitle":"Section 8-21B-2","catchLine":"Legislative Findings.","title":"Section 8-21B-2 Legislative Findings.","sectionRange":null,"content":"The Legislature finds and declares that the distribution and sale of heavy equipment in this state vitally affects the general economy of the state, the public interest, the public safety, and the public welfare and that, in the exercise of its police power, it is necessary to regulate the conduct of heavy equipment suppliers and dealers and their representatives doing business in this state in order to prevent fraud, unfair business practices, unfair methods of competition, and other abuses upon its citizens.
","history":"(Act 2009-755, p. 2279, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5225,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5109,"codeId":38290,"versionId":30930,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-3","shortTitle":"Section 8-21B-3","catchLine":"Definitions.","title":"Section 8-21B-3 Definitions.","sectionRange":null,"content":"The following words shall have the following meanings:
(1) DEALER. A person, corporation, partnership, or other business entity primarily engaged in the business of retail sales or leasing of heavy equipment and heavy equipment parts and who has an established place of business in this state. If a dealer’s retail sales volume of heavy equipment and heavy equipment parts purchased from a single supplier is greater than 70 percent of such dealer’s total retail sales volume of heavy equipment and heavy equipment parts during the 12-month period immediately prior to May 22, 2009, or the term of any dealer agreement entered into between the supplier and such dealer after May 22, 2009, then the dealer and such supplier shall not be subject to this chapter with respect to the dealer agreement and transactions between them, but the dealer shall otherwise be subject to this chapter with respect to dealer agreements and transactions with other suppliers.
(2) DEALER AGREEMENT. The agreement or contract, expressed or implied, oral or written, by and between a dealer and supplier which provides for the rights and obligations of the parties with respect to the purchase or sale of heavy equipment.
(3) EQUIPMENT or HEAVY EQUIPMENT. Self-propelled, self-powered, or pull-type equipment and machinery, primarily employed for construction, industrial, maritime, mining, or forestry usage. The term shall not include:
a. Motor vehicles requiring registration and certificates of title.
b. Equipment used for agriculture, horticulture, livestock, grazing, lawn and garden, or light industrial purposes which are subject to Chapter 21A.
(4) NET COST. The price the dealer pays to the supplier for heavy equipment and parts, including the freight costs from the supplier’s location to the dealer’s location, minus all applicable discounts allowed by the supplier.
(5) PARTS or HEAVY EQUIPMENT PARTS. The parts that the dealer purchased from the supplier for use on heavy equipment.
(6) PERSON. A natural person, partnership, association, corporation, or other legal entity or a combination of legal entities. The term also includes heirs, assigns, personal representatives, guardians, and successors in interest.
(7) RELEVANT MARKET AREA. The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale or lease of heavy equipment under the terms of a dealer agreement.
(8) SUPPLIER. A person, partnership, corporation, association, or other form of business enterprise engaged in the manufacture, assembly, or wholesale distribution of heavy equipment and parts related thereto or any officer or agent thereof. The term also includes any successor in interest including any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, any receiver or assignee, or any trustee of the original supplier.
","history":"(Act 2009-755, p. 2279, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5226,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5110,"codeId":38291,"versionId":30931,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-4","shortTitle":"Section 8-21B-4","catchLine":"Amendment, Termination, Etc., of Dealer Agreement - Good Cause Required.","title":"Section 8-21B-4 Amendment, Termination, Etc., of Dealer Agreement - Good Cause Required.","sectionRange":null,"content":"(a) Notwithstanding the terms, provisions, or conditions of any agreement or dealer agreement, no supplier shall unilaterally amend, terminate, or refuse to renew any dealer agreement, or unilaterally cause a dealer to resign from a dealer agreement, unless the supplier has first complied with this chapter and good cause exists for amendment, termination, nonrenewal, or causing of resignation. The term good cause shall not include the sale or purchase of a supplier. The term good cause shall be limited to withdrawal by the supplier, its successors, and assigns of the sale of its products in Alabama or dealer performance deficiencies including, but not limited to, failure by the dealer to comply substantially, without reasonable cause, with any reasonable and material requirement imposed upon such dealer in writing by the supplier, including, but not limited to, a substantial failure by a dealer to do the following:
(1) Maintain a sales volume or trend of the supplier’s product line or lines comparable to that of other similarly situated dealers of that product line.
(2) Render services comparable in quality, quantity, or volume to the services rendered by other dealers of the same product or product line similarly situated.
(b) In any determination as to whether a dealer has failed to comply substantially, without reasonable cause, with any reasonable and material requirement imposed upon such dealer by the supplier, consideration shall be given to the relative size, population, geographical location, number of retail outlets, and demand for the products applicable to the relevant market area of the dealer and to other comparable market areas.
(c) No supplier shall be required to give notice or show good cause pursuant to subsection (a) to unilaterally amend dealer agreements to comply with federal or state law or, where not inconsistent with this chapter, to amend uniformly dealer agreements as to all dealers of the supplier in all states in which the supplier is marketing its products.
(d) In any dispute as to whether a supplier has acted with good cause as required by this chapter, the supplier shall have the burden of proof to establish that good cause existed.
","history":"(Act 2009-755, p. 2279, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5227,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5111,"codeId":38292,"versionId":30932,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-5","shortTitle":"Section 8-21B-5","catchLine":"Amendment, Termination, Etc., of Dealer Agreement - Notice.","title":"Section 8-21B-5 Amendment, Termination, Etc., of Dealer Agreement - Notice.","sectionRange":null,"content":"(a) Except as provided in subsection (d), a supplier shall provide a dealer at least 120 days’ prior written notice of any intention to amend, terminate, or decline to renew any dealer agreement. The notice shall state all of the reasons for the intended amendment, termination, or nonrenewal.
(b) Where such reason or reasons for amendment, termination, or nonrenewal relate to a condition or conditions which may be rectified by action of the dealer, the dealer shall have 90 days from the date of notice from the supplier in which to take such action and, within such 90-day period, shall give written notice to the supplier if and when such action is taken. If the condition or conditions have been rectified by the dealer, then the proposed amendment, termination, or nonrenewal shall be void and without legal effect. However, where the supplier contends that action on the part of the dealer has not rectified one or more of such conditions, the supplier must give written notice of such claimed deficiency to the dealer within 15 days after the dealer gave notice to the supplier of the action taken.
(c) During the 120-day notice period provided for in subsection (a), the dealer shall have the right to contract for a transfer of the dealership business or dealer agreement to another person who meets the material and reasonable qualifications and standards required by the supplier for its dealers. The dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120-day notice period.
(d) A dealer agreement may be immediately terminated, amended, or nonrenewed and no notice shall be required if the reason for the amendment, termination, or nonrenewal is any of the following:
(1) The bankruptcy or receivership of the dealer.
(2) An assignment by the dealer for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a dealer for the purpose of securing financing in the ordinary course of business.
(3) Willful or intentional misrepresentation made by the dealer to the supplier with the express intent to defraud the supplier.
(4) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the dealer’s reasonable control.
(5) A final conviction of the dealer principal of a felony.
","history":"(Act 2009-755, p. 2279, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5228,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5112,"codeId":38293,"versionId":30933,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-6","shortTitle":"Section 8-21B-6","catchLine":"Consent to Transfers.","title":"Section 8-21B-6 Consent to Transfers.","sectionRange":null,"content":"(a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer’s business or dealer agreement or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards of the supplier required in appointing its dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the dealer written notice thereof, stating the specific reasons for withholding consent. No prospective transferee shall be disqualified to be a dealer because it is a publicly held corporation. A supplier shall have 45 days to consider a dealer’s request to make a transfer under this subsection.
(b) In any dispute as to whether a supplier has denied consent in violation of this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.
","history":"(Act 2009-755, p. 2279, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5229,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5113,"codeId":38294,"versionId":30934,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-7","shortTitle":"Section 8-21B-7","catchLine":"Delivery of Notice.","title":"Section 8-21B-7 Delivery of Notice.","sectionRange":null,"content":"Notices required by this chapter shall be sent by certified or registered mail or overnight delivery, postage prepaid.
","history":"(Act 2009-755, p. 2279, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5230,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5114,"codeId":38295,"versionId":30935,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-8","shortTitle":"Section 8-21B-8","catchLine":"Change in Management Personnel; Damaging Actions; Additional Dealership Agreements; Recovery of Damages.","title":"Section 8-21B-8 Change in Management Personnel; Damaging Actions; Additional Dealership Agreements; Recovery of Damages.","sectionRange":null,"content":"(a) No supplier shall require or prohibit any change in management personnel of any dealer unless the current or proposed management or personnel fails to meet reasonable qualifications and standards required by the supplier for its dealers.
(b) No supplier shall engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable and which causes damage to the dealer.
(c) No supplier, without notice to existing dealers, shall enter into a dealer agreement with another dealer who intends to conduct its dealership operations from a place of business within the relevant market area of an existing dealer or dealers representing the same line of heavy equipment. The appointment of a successor dealer at the same location as its predecessor or within a two-mile radius therefrom within two years from the date on which its predecessor ceased operations or was terminated, whichever occurred later, shall not be construed as the entering into of an additional dealer agreement. Any supplier which intends to enter into a dealer agreement with another dealer in the relevant market area, at least 60 days prior to entering into such dealer agreement, shall give written notice of its intention to do so to each dealer of the same line make within the relevant market area. The notice shall state the date on or after which such proposed dealer agreement shall be entered into. Prior to the date set forth in the notice on or after which such dealer agreement will be entered into, any dealer in the relevant market area may file a civil action to determine whether the additional dealer agreement is unreasonable in which action the supplier shall have the burden of proof that the action is not unreasonable. No bond shall be required as a precondition to entry of an injunction enjoining the entering into of the additional dealer agreement. In determining whether an additional dealer agreement is unreasonable, the court shall consider all pertinent circumstances, including the following:
(1) Whether the establishment of another dealer is warranted by economic and marketing conditions including anticipated future changes.
(2) The past, present, and anticipated retail sales and service business transacted by the objecting dealer or dealers and other dealers of the same line make with a place of business in the relevant market area.
(3) The investment made and obligations incurred by the objecting dealer or dealers and other dealers of the same line make with a place of business in the relevant market area.
(d) No supplier shall require a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel which would relieve any person from any liability or obligation under this chapter, which would limit the entitlement to recover damages under this chapter or other Alabama law, or which would waive the right to trial by jury. Any provision or agreement purporting to do so is void and unenforceable to the extent of the waiver or release. Nothing in this chapter shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties.
(e) No supplier shall willfully discriminate, either directly or indirectly, in price, programs, or terms of sale offered to dealers in this state when the effect of such discrimination may be to substantially lessen competition or to give one dealer who has a dealer agreement with the supplier any economic, business, or competitive advantage not offered to other dealers who have dealer agreements with such supplier.
","history":"(Act 2009-755, p. 2279, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5231,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5115,"codeId":38296,"versionId":30936,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-9","shortTitle":"Section 8-21B-9","catchLine":"Incorporation of Chapter into Dealer Agreement.","title":"Section 8-21B-9 Incorporation of Chapter into Dealer Agreement.","sectionRange":null,"content":"This chapter shall be deemed to be incorporated into every dealer agreement subject to this chapter and shall supersede and control all provisions of any dealer agreement inconsistent with this chapter.
","history":"(Act 2009-755, p. 2279, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5232,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5116,"codeId":38297,"versionId":30937,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-10","shortTitle":"Section 8-21B-10","catchLine":"Reasonableness.","title":"Section 8-21B-10 Reasonableness.","sectionRange":null,"content":"This chapter shall impose on every term and provision of any dealer agreement a requirement of reasonableness. Every term or provision of any dealer agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable.
","history":"(Act 2009-755, p. 2279, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5233,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5117,"codeId":38298,"versionId":30938,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-11","shortTitle":"Section 8-21B-11","catchLine":"Indemnification.","title":"Section 8-21B-11 Indemnification.","sectionRange":null,"content":"Each supplier shall indemnify and hold harmless its dealers against any damages, expenses, and losses including, but not limited to, court costs and reasonable attorneys’ fees incurred by the dealer arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty, express or implied, or rescission of the sale where the complaint, claim, or lawsuit relates to either of the following:
(1) The manufacture, assembly, or design of heavy equipment, parts, or accessories by the supplier.
(2) Other functions by the supplier beyond the control of the dealer including, without limitation, the selection by the supplier of parts or components for the heavy equipment.
","history":"(Act 2009-755, p. 2279, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5234,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5118,"codeId":38299,"versionId":30939,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-12","shortTitle":"Section 8-21B-12","catchLine":"Repurchase of Items by Supplier.","title":"Section 8-21B-12 Repurchase of Items by Supplier.","sectionRange":null,"content":"Upon voluntary or involuntary termination, nonrenewal, or discontinuance of the dealer agreement by the dealer or supplier, the supplier shall repurchase from the dealer the following:
(1) All heavy equipment which has been acquired from the supplier within three years prior to the date of notice of the termination, nonrenewal, or discontinuance of the dealer agreement and which has not previously been sold by the dealer. The heavy equipment shall be repurchased at the net cost to the dealer. The heavy equipment shall be delivered to the supplier at the dealer’s premises.
(2) All parts acquired by the dealer from the supplier, or its approved sources, within seven years prior to the date of notice of termination, nonrenewal, or discontinuance. The supplier shall repurchase the parts at the net cost to the dealer. The parts shall be delivered to the supplier at the dealer’s premises.
(3) Specialized repair tools, signage, books, and supplies previously purchased by the dealer pursuant to requirements of the supplier and held by the dealer on the date of termination. The supplier shall repurchase the specialized repair tools, signs, books, and supplies at the net cost to the dealer.
(4) The supplier shall pay the dealer for the items in subdivisions (1) through (3) within 90 days after tender by the dealer of these items at the dealer’s premises. If the supplier shall fail or refuse to pay the compensation to the dealer within 90 days, the supplier shall be liable to the dealer for the total amount of 115 percent of the net cost of these items, plus court costs and reasonable attorney’s fees in the event of a civil action by the dealer. The supplier shall pay the cost of the return, handling, packing, and loading of all of the items repurchased under this section.
","history":"(Act 2009-755, p. 2279, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5235,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5119,"codeId":38300,"versionId":30940,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-13","shortTitle":"Section 8-21B-13","catchLine":"Remedies.","title":"Section 8-21B-13 Remedies.","sectionRange":null,"content":"Notwithstanding the terms, provisions, or conditions of any dealer agreement, any person who suffers bodily injury, loss of profit, or property damage as a result of a violation of this chapter may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations and to recover the damages sustained by him or her together with the costs of the suit, including a reasonable attorney’s fee. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
","history":"(Act 2009-755, p. 2279, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5236,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5120,"codeId":38301,"versionId":30941,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-14","shortTitle":"Section 8-21B-14","catchLine":"Civil Action.","title":"Section 8-21B-14 Civil Action.","sectionRange":null,"content":"Any civil action commenced under this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of this chapter.
","history":"(Act 2009-755, p. 2279, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5237,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5121,"codeId":38302,"versionId":30942,"parentId":38287,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21B-15","shortTitle":"Section 8-21B-15","catchLine":"Application of Chapter.","title":"Section 8-21B-15 Application of Chapter.","sectionRange":null,"content":"This chapter shall apply to all dealer agreements in force and effect on May 22, 2009, and to all dealer agreements, amendments, and renewals to dealer agreements made after May 22, 2009.
","history":"(Act 2009-755, p. 2279, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5238,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5122,"codeId":41594,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"21C","shortTitle":"Chapter 21C","catchLine":"Sale of Recreational Vehicles.","title":"Chapter 21C Sale of Recreational Vehicles.","sectionRange":"§8-21C-1 to §8-21C-11","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5239,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5123,"codeId":41595,"versionId":33879,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-1","shortTitle":"Section 8-21C-1","catchLine":"Legislative Intent; Applicability.","title":"Section 8-21C-1 Legislative Intent; Applicability.","sectionRange":null,"content":"(a) It is the intent of the Legislature to protect the public health, safety, and welfare of the residents of the state by regulating the relationship between recreational vehicle dealers, manufacturers, and distributors, by maintaining competition, and by providing consumer protection and fair trade.
(b) This chapter applies to manufacturer and dealer agreements entered into on or after October 1, 2011.
(c) Chapter 20 of Title 8, shall not apply to any recreational vehicle manufacturer and dealer agreement to which this chapter applies. This chapter does not otherwise amend or affect Chapter 20 of Title 8.
","history":"(Act 2011-636, p. 1529, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5240,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5124,"codeId":41596,"versionId":33880,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-2","shortTitle":"Section 8-21C-2","catchLine":"Definitions.","title":"Section 8-21C-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words shall have the following meanings:
(1) AREA OF SALES RESPONSIBILITY. The geographical area, agreed to by the dealer and the manufacturer or the distributor or in the manufacturer and dealer agreement, within which the dealer has the exclusive right to display or sell new recreational vehicles of a particular line-make of the manufacturer or distributor to the retail public.
(2) CAMPING TRAILER. A vehicular unit that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
(3) DEALER. Any person, firm, corporation, or business engaged in the business of selling recreational vehicles to the general public and that maintains a permanent business establishment including a service and repair facility which offers mechanical services for the recreational vehicles it sells.
(4) DISTRIBUTOR. Any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers.
(5) FACTORY CAMPAIGN. An effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue.
(6) FAMILY MEMBER. A spouse or a child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof.
(7) FIFTH WHEEL TRAILER. A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle.
(8) LINE-MAKE. A specific series of recreational vehicle products that meets all of the following specifications:
a. Is identified by a common series trade name or trademark.
b. Is targeted to a particular market segment, as determined by the decor, features, equipment, size, weight, and price range.
c. Has lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight.
d. Belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body.
e. Is a product that the manufacturer and dealer agreement authorizes the dealer to sell.
(9) MANUFACTURER. Any person, firm, corporation, or business entity that engages in the manufacture of recreational vehicles.
(10) MANUFACTURER AND DEALER AGREEMENT. A written agreement or contract entered into between a manufacturer or a distributor and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.
(11) MOTOR HOME. A motorized, vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use.
(12) PROPRIETARY PART. Any part manufactured by or for and sold exclusively by the manufacturer.
(13) RECREATIONAL VEHICLE. A motor home, travel trailer, fifth wheel trailer, camping trailer, and truck camper.
(14) SUPPLIER. Any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components.
(15) TRANSIENT CUSTOMER. A customer who is temporarily traveling through a dealer’s area of sales responsibility.
(16) TRAVEL TRAILER. A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit when towed by a motorized vehicle.
(17) TRUCK CAMPER. A portable unit, constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides and designed to be loaded onto and unloaded from the back of a pickup truck.
(18) WARRANTOR. Any person, firm, corporation, or business entity, including any manufacturer or distributor, that provides a written warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components thereof. The term does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer or distributor.
","history":"(Act 2011-636, p. 1529, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5241,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5125,"codeId":41597,"versionId":33881,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-3","shortTitle":"Section 8-21C-3","catchLine":"Manufacturer and Dealer Agreement - Required for Sales by Manufacturer or Distributor.","title":"Section 8-21C-3 Manufacturer and Dealer Agreement - Required for Sales by Manufacturer or Distributor.","sectionRange":null,"content":"(a)(1) After September 30, 2011, a manufacturer or distributor may not sell a recreational vehicle in this state to or through a dealer without having first entered into a manufacturer and dealer agreement with the dealer which has been signed by both parties.
(2) A dealer may not sell a new recreational vehicle in this state without having first entered into a manufacturer and dealer agreement with a manufacturer or distributor which has been signed by both parties.
(b) The manufacturer or distributor shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer and dealer agreement. Except as provided in subsection (c), the manufacturer or distributor may not review or change the area of sales responsibility without the consent of both parties or contract with another dealer for the sale of the same line-make in the designated area until at least one year after the execution of the manufacturer and dealer agreement.
(c) If, subsequent to entering into a manufacturer and dealer agreement, a dealer enters into an agreement to sell any competing recreational vehicle products, or enters into an agreement to increase its pre-existing commitment to sell any competing recreational vehicle products, a manufacturer or distributor may revise the area of sales responsibility designated in the manufacturer and dealer agreement if the market penetration of the manufacturer’s or distributor’s products is jeopardized by the dealer’s subsequent agreements.
(d) When taking on an additional line-make of recreational vehicle, a dealer shall notify in writing any manufacturer or distributor of a competing similar product line with whom the dealer has a manufacturer and dealer agreement at least 30 days subsequent to entering into a manufacturer and dealer agreement with the manufacturer or distributor of the additional line-make.
","history":"(Act 2011-636, p. 1529, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5242,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5126,"codeId":41598,"versionId":33882,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-4","shortTitle":"Section 8-21C-4","catchLine":"Manufacturer and Dealer Agreement - Termination, Cancellation, Etc.","title":"Section 8-21C-4 Manufacturer and Dealer Agreement - Termination, Cancellation, Etc.","sectionRange":null,"content":"(a) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a manufacturer and dealer agreement with or without cause. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer agreement without cause, the manufacturer or distributor shall comply with Section 8-21C-5. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer agreement with cause, Section 8-21C-5 does not apply.
(b) A manufacturer or distributor has the burden of showing cause for terminating, canceling, or failing to renew a manufacturer and dealer agreement with a dealer. For purposes of determining whether there is cause for the proposed action, any of the following factors may be considered:
(1) The extent of the affected dealer’s penetration in the area of sales responsibility.
(2) The nature and extent of the dealer’s investment in its business.
(3) The adequacy of the dealer’s service facilities, equipment, parts, supplies, and personnel.
(4) The effect of the proposed action on the community.
(5) The extent and quality of the dealer’s service under recreational vehicle warranties.
(6) The failure to follow agreed upon procedures or standards related to the overall operation of the dealership.
(7) The dealer’s performance under the terms of the manufacturer and dealer agreement.
(c) In the event the manufacturer or distributor is terminating the agreement for cause and except as otherwise provided in this section, a manufacturer or distributor shall provide the dealer, at least 120 days prior, with a written notice of termination, cancellation, or nonrenewal of the manufacturer and dealer agreement for cause.
(d)(1) A manufacturer or distributor that terminates a dealer agreement pursuant to subsection (c) shall provide a notice stating all reasons for the proposed termination, cancellation, or nonrenewal. The notice shall further state that if, within 30 days following receipt of the notice, the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer shall then have 120 days following receipt of the notice to rectify the deficiencies. If the deficiencies are rectified within 120 days, the manufacturer’s or distributor’s notice is void. If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect 30 days after the receipt by the dealer of the notice unless the dealer has new and untitled inventory on hand. The dealer may dispose of the inventory pursuant to Section 8-21C-5.
(2) The notice period for a termination for cause may be reduced to 30 days if the grounds of the manufacturer or distributor for termination, cancellation, or nonrenewal are due to any of the following factors:
a. A dealer or any of its owners is convicted of, or enters a plea of nolo contendere to, a felony.
b. The dealer abandons or closes the business operations of the dealer for 10 consecutive business days unless the closing is due to a natural disaster, fire, labor difficulty, act of terrorism, war, riot, or other cause over which the dealer has no control.
c. A significant misrepresentation by the dealer materially affecting the business relationship.
d. A suspension or revocation of any license the dealer is required to possess, or a refusal by a licensing authority to renew a required license.
e. A material violation of this chapter which is not cured within 30 days after the written notice by the manufacturer or distributor.
(e) The notice provisions of subsections (c) and (d) do not apply if the reason for termination, cancellation, or nonrenewal is the insolvency of the dealer or the occurrence of an assignment for the benefit of creditors or bankruptcy.
(f)(1) A dealer may terminate or cancel its manufacturer and dealer agreement with a manufacturer or distributor with or without cause by giving 30 days written notice. If the termination or cancellation is for cause, the notice shall state all reasons for the proposed termination or cancellation and shall further state that if, within 30 days following receipt of the notice, the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have 120 days following receipt of the original notice to rectify the deficiencies. If the deficiencies are rectified within 120 days, the dealer’s notice is void. If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies in the time period prescribed in the original notice of termination or cancellation, the pending termination or cancellation shall take effect 30 days after the receipt by the manufacturer or distributor of the original notice.
(2) If the dealer terminates, cancels, or fails to renew the manufacturer and dealer agreement without good cause, the terms of Section 8-21C-5 do not apply. If the dealer terminates, cancels, or fails to renew the manufacturer and dealer agreement for good cause, Section 8-21C-5 applies. The dealer has the burden of showing cause. Any of the following shall be deemed cause for the proposed termination, cancellation, or nonrenewal action by a dealer:
a. The manufacturer or distributor being convicted of, or entering a plea of nolo contendere to, a felony.
b. The business operations of the manufacturer or distributor have been abandoned or closed for 10 consecutive business days, unless the closing is due to a natural disaster, fire, labor difficulty, act of terrorism, war, riot, or other cause over which the manufacturer or distributor has no control.
c. A significant misrepresentation by the manufacturer or distributor materially affecting the business relationship.
d. A material violation of this chapter which is not cured within 30 days after written notice by the dealer.
(3) The notice provisions of subdivisions (1) and (2) do not apply if the reason for termination, cancellation, or nonrenewal is the insolvency of the manufacturer or distributor or the occurrence of an assignment for the benefit of creditors or bankruptcy.
","history":"(Act 2011-636, p. 1529, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5243,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5127,"codeId":41599,"versionId":33883,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-5","shortTitle":"Section 8-21C-5","catchLine":"Manufacturer and Dealer Agreement - Actions Upon Failure to Cure Deficiencies.","title":"Section 8-21C-5 Manufacturer and Dealer Agreement - Actions Upon Failure to Cure Deficiencies.","sectionRange":null,"content":"(a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4 or if the dealer terminates or cancels the manufacturer and dealer agreement for cause as defined in subsection (f) of Section 8-21C-4, and the manufacturer or distributor fails to cure the claimed deficiencies within the time provided in Section 8-21C-4, the manufacturer or distributor, at the election of the dealer and within 45 days after termination, cancellation, or nonrenewal, shall do all of the following:
(1) Repurchase all new, untitled recreational vehicles that were acquired and delivered to the dealership from the manufacturer or distributor within 12 months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged at 100 percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer. In the event any of the vehicles repurchased pursuant to this subdivision are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost of repairing the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery does not disqualify repurchase under this subdivision.
(2) Repurchase all undamaged accessories and proprietary parts sold to the dealer for resale within the 12 months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at 105 percent of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts.
(3) Repurchase any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at 100 percent of the dealer’s net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, if the items were purchased by the dealer within 5 years before termination, cancellation, or nonrenewal, upon the manufacturer’s or distributor’s request, and which the dealer meets the burden of establishing, and can no longer be used in the normal course of the dealer’s ongoing business.
(b) The manufacturer or distributor shall pay the dealer within 30 days after receipt of the repurchased items.
","history":"(Act 2011-636, p. 1529, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5244,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5128,"codeId":41600,"versionId":33884,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-6","shortTitle":"Section 8-21C-6","catchLine":"Change of Dealer Ownership.","title":"Section 8-21C-6 Change of Dealer Ownership.","sectionRange":null,"content":"(a) If a dealer desires to make a change in ownership by the sale of the business assets, a stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least 15 business days before the closing, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor may not object to the proposed change in ownership unless any of the following circumstances is present:
(1) The prospective transferee has previously been terminated by the manufacturer or distributor for breach of its dealer agreement.
(2) The prospective transferee has been convicted of a felony or any crime of fraud, deceit, or moral turpitude.
(3) The prospective transferee lacks any license required by law.
(4) The prospective transferee does not have an active line of credit sufficient to purchase a manufacturer’s or distributor’s product.
(5) The prospective transferee has undergone in the last 10 years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee’s business or property. This subdivision may be waived if the prospective transferee meets all of the requirements of this section and if the prospective transferee fully qualifies under the manufacturer’s or lender’s financial criteria.
(b) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice of its reasons to the dealer within 10 business days after receipt of the dealer’s notification and complete documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change or sale shall be deemed approved.
(c) A manufacturer or distributor shall allow a dealer an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. The manufacturer or distributor may not prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within 10 business days after receipt of the dealer’s modification of the dealer’s succession plan. In the absence of a breach of the dealer agreement, the manufacturer or distributor may object to the succession for the following reasons only:
(1) Conviction of the successor of a felony or any crime involving fraud, deceit, or moral turpitude.
(2) Bankruptcy or insolvency of the successor during the past 10 years. This subdivision can be waived if the prospective successor meets all of the requirements of this section and if the prospective successor fully qualifies under the manufacturer’s or lender’s financial criteria.
(3) Prior termination by the manufacturer or distributor of the successor for breach of a dealer agreement.
(4) The lack of an active line of credit for the successor sufficient to purchase the manufacturer’s or distributor’s product.
(5) The lack of any license required by law of the successor.
(d) The manufacturer or distributor has the burden of proving its objection. A family member may not succeed to a dealership if the succession involves, without the manufacturer’s or distributor’s consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer and dealer agreement.
","history":"(Act 2011-636, p. 1529, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5245,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5129,"codeId":41601,"versionId":33885,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-7","shortTitle":"Section 8-21C-7","catchLine":"Duties of Warrantors; Warranty Claims.","title":"Section 8-21C-7 Duties of Warrantors; Warranty Claims.","sectionRange":null,"content":"(a) Each warrantor shall do all of the following:
(1) Specify in writing each of its dealer obligations, if any, for preparation, delivery, and warranty service on its products.
(2) Compensate a dealer for warranty service required of the dealer by the warrantor.
(3) Provide a dealer the schedule of compensation to be paid and the time allowances for the performance of any work and service. The schedule of compensation shall include reasonable compensation for diagnostic work as well as warranty labor.
(b) Time allowances for the diagnosis and performance of warranty labor shall be reasonable for the work to be performed. In the determination of what constitutes reasonable compensation under this section, the principal factors to be given consideration shall be the actual wage rates being paid by the dealer and the actual retail labor rate being charged by the dealers in the community in which the dealer is doing business. The compensation of a dealer for warranty labor may not be less than the lowest retail labor rates actually charged by the dealer for like non-warranty labor as long as such rates are reasonable.
(c) The warrantor shall reimburse the dealer for warranty parts at actual wholesale cost plus a minimum 30 percent handling charge and the cost, if any, of freight to return warranty parts to the warrantor.
(d) Warranty audits of dealer records may be conducted by the warrantor on a reasonable basis, and dealer claims for warranty compensation may not be denied except for cause, such as performance of non-warranty repairs, material noncompliance with the warrantor’s published policies and procedures, lack of material documentation, fraud, or misrepresentation.
(e) The dealer shall submit warranty claims within 30 days after completing work.
(f) The dealer shall immediately notify the warrantor in writing if the dealer is unable to perform any warranty repairs within 10 days of receipt of verbal or written complaints from a consumer.
(g) The warrantor shall disapprove warranty claims in writing within 30 days after the date of submission by the dealer in the manner and form prescribed by the warrantor. Claims not specifically disapproved in writing within 30 days shall be construed to be approved and shall be paid within 60 days of submission.
(h) It is a violation of this chapter for any warrantor to do any of the following:
(1) Fail to perform any of its warranty obligations with respect to its warranted products.
(2) Fail to include, in written notices of factory campaigns to recreational vehicle owners and dealers, the expected date by which necessary parts and equipment, including tires and chassis or chassis parts, will be available to dealers to perform the campaign work. The warrantor may ship parts to the dealer to effect the campaign work, and, if such parts are in excess of the dealer’s requirements, the dealer may return unused parts to the warrantor for credit after completion of the campaign.
(3) Fail to compensate any of its dealers for authorized repairs effected by the dealer of merchandise damaged in manufacture or transit to the dealer, if the carrier is designated by the warrantor, factory branch, distributor, or distributor branch.
(4) Fail to compensate any of its dealers in accordance with the schedule of compensation provided to the dealer pursuant to this section if performed in a timely and competent manner.
(5) Intentionally misrepresent in any way to purchasers of recreational vehicles that warranties with respect to the manufacture, performance, or design of the vehicle are made by the dealer as warrantor or co-warrantor.
(6) Require the dealer to make warranties to customers in any manner related to the manufacture of the recreational vehicle.
(i) It is a violation of this chapter for any dealer to do any of the following:
(1) Fail to perform pre-delivery inspection functions, as specified by the warrantor, in a competent and timely manner so long as there are specific instructions from the manufacturer.
(2) Fail to perform warranty service work authorized by the warrantor in a reasonably competent and timely manner on any transient customer’s vehicle of the same line-make.
(3) Fail to accurately document the time spent completing each repair, the total number of repair attempts conducted on a single unit, and the number of repair attempts for the same repair conducted on a single vehicle.
(4) Fail to notify the warrantor within 10 days of a second repair attempt which impairs the use, value, or safety of the vehicle.
(5) Fail to maintain written records, including a consumer’s signature, regarding the amount of time a unit is stored for the consumer’s convenience during a repair.
(6) Make fraudulent warranty claims or misrepresent the terms of any warranty.
","history":"(Act 2011-636, p. 1529, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5246,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5130,"codeId":41602,"versionId":33886,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-8","shortTitle":"Section 8-21C-8","catchLine":"Indemnification.","title":"Section 8-21C-8 Indemnification.","sectionRange":null,"content":"Notwithstanding the terms of any manufacturer and dealer agreement:
(1) A warrantor shall indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shall provide to the warrantor a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subsection within 10 days after receiving such suit.
(2) A dealer shall indemnify and hold harmless its warrantor against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the dealer. The warrantor shall provide to the dealer a copy of any pending lawsuit or similar proceeding in which allegations are made that come within this subsection within 10 days after receiving such suit.
","history":"(Act 2011-636, p. 1529, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5247,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5131,"codeId":41603,"versionId":33887,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-9","shortTitle":"Section 8-21C-9","catchLine":"Notification of Pre-delivery Damage.","title":"Section 8-21C-9 Notification of Pre-delivery Damage.","sectionRange":null,"content":"(a) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the manufacturer and dealer agreement and shall do either of the following:
(1) Request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage.
(2) Reject the vehicle within the time frame set forth in subsection (d).
(b) If the manufacturer or distributor refuses or fails to authorize repair of the damage within 10 days after receipt of notification, or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the manufacturer or distributor.
(c) The dealer shall exercise due care while having custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.
(d) The time frame for inspection and rejection by the dealer must be part of the manufacturer and dealer agreement and may not be less than two business days after the physical delivery of the recreational vehicle.
(e) Any recreational vehicle that, at the time of delivery to the dealer, has an unreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor. In no instance shall a dealer deem an amount less than the distance between the dealer and the manufacturer’s factory or a distributor’s point of distribution, plus 100 miles, as unreasonable.
","history":"(Act 2011-636, p. 1529, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5248,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5132,"codeId":41604,"versionId":33888,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-10","shortTitle":"Section 8-21C-10","catchLine":"Coercion Prohibited.","title":"Section 8-21C-10 Coercion Prohibited.","sectionRange":null,"content":"(a) A manufacturer or distributor may not coerce or attempt to coerce a dealer to do any of the following:
(1) Purchase a product that the dealer did not order.
(2) Enter into an agreement with the manufacturer or distributor.
(3) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter.
(b) As used in this section, the term coerce includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer and dealer agreement without good cause or threatening to withhold product lines the dealer is entitled to purchase pursuant to the manufacturer and dealer agreement or delay product delivery as an inducement to amending the manufacturer and dealer agreement.
","history":"(Act 2011-636, p. 1529, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5249,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5133,"codeId":41605,"versionId":33889,"parentId":41594,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-21C-11","shortTitle":"Section 8-21C-11","catchLine":"Civil Action for Damages.","title":"Section 8-21C-11 Civil Action for Damages.","sectionRange":null,"content":"(a) A dealer, manufacturer, distributor, or warrantor injured by another party’s violation of this chapter may bring a civil action in circuit court to recover actual damages. The court shall award attorney’s fees and costs to the prevailing party in such an action. Venue for any civil action authorized by this section shall be exclusively in the county in which the dealer’s business is located. In an action involving more than one dealer, venue may be in any county in which any dealer that is party to the action is located.
(b)(1) Prior to bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party.
a. The demand for mediation shall be served upon the other party via certified mail at the address stated within the manufacturer and dealer agreement between the parties.
b. The demand for mediation shall contain a brief statement of the dispute and the relief sought by the party filing the demand.
(2) Within 20 days after the date a demand for mediation is served, the parties shall mutually select an independent certified mediator and meet with that mediator for the purpose of attempting to resolve the dispute. The meeting place shall be in this state in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.
(3) The service of a demand for mediation under this section shall toll the time for the filing of any complaint, petition, protest, or other action under this chapter until representatives of both parties have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint, petition, protest, or other action is filed before that meeting, the court shall enter an order suspending the proceeding or action until the mediation meeting has occurred and may, upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, enter an order suspending the proceeding or action for as long a period as the court considers appropriate.
(4) The parties to the mediation shall bear their own costs for attorney’s fees and divide equally the cost of the mediator.
(c) In addition to the remedies provided in this section and notwithstanding the existence of any additional remedy at law, a dealer, manufacturer, distributor, or warrantor, is authorized to make application to a circuit court, upon a hearing and for cause shown, for the grant of a temporary or permanent injunction, or both, restraining any person from acting as a dealer without being properly licensed, from violating or continuing to violate any of the provisions of this chapter, or from failing or refusing to comply with the requirements of this chapter. The injunction shall be issued without bond. A single act in violation of the provisions of this chapter shall be sufficient to authorize the issuance of an injunction.
","history":"(Act 2011-636, p. 1529, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5250,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5134,"codeId":23883,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"22","shortTitle":"Chapter 22","catchLine":"Motor Fuel Marketing.","title":"Chapter 22 Motor Fuel Marketing.","sectionRange":"§8-22-1 to §8-22-18","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5251,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5135,"codeId":23884,"versionId":18900,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-1","shortTitle":"Section 8-22-1","catchLine":"Short Title.","title":"Section 8-22-1 Short Title.","sectionRange":null,"content":"This act shall be known and may be cited as the “Motor Fuel Marketing Act.”
","history":"(Acts 1984, No. 84-260, p. 433, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5252,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5136,"codeId":23886,"versionId":38562,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-2","shortTitle":"Section 8-22-2","catchLine":"Legislative Findings.","title":"Section 8-22-2 Legislative Findings.","sectionRange":null,"content":"The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama:
(1) Marketing of motor fuel is affected with the public interest.
(2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of motor fuel are recovered from other operations, allowing the refined motor fuel to be sold at subsidized prices. Such subsidies most commonly occur in one of three ways: when refiners use profits from refining of crude oil to cover below normal or negative returns earned from motor fuel marketing operations; and where a marketer with more than one location uses profits from one location to cover losses from below-cost selling of motor fuel at another location.
(3) Independent motor fuel marketers (i.e., dealers, distributors, jobbers, and wholesalers) are unable to survive predatory subsidized pricing at the marketing level by persons when all of an independent’s income comes from marketing operations.
(4) Subsidized pricing is inherently predatory and is reducing competition in the petroleum industry, and if it continues unabated, will ultimately threaten the consuming public.
","history":"(Acts 1984, No. 84-260, p. 433, §2; Act 2015-225, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5253,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5137,"codeId":23887,"versionId":18901,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-3","shortTitle":"Section 8-22-3","catchLine":"Legislative Declaration and Intent.","title":"Section 8-22-3 Legislative Declaration and Intent.","sectionRange":null,"content":"It is hereby declared that marketing of motor fuel in Alabama is affected with the public interest. It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against creation of monopolies or unfair methods of competition, in transactions involving the sale of, or offer to sell, or inducement to sell motor fuel in the wholesale and retail trades in this state. It is further declared that the advertising, offering for sale, or sale of motor fuel below cost or at a cost lower than charged other persons on the same marketing level with the intent of injuring competitors or destroying or substantially lessening competition is an unfair and deceptive trade practice. The policy of the state is to promote the general welfare through the prohibition of such sales. The purpose of the Motor Fuel Marketing Act is to carry out that policy in the public interest, providing for exceptions under stated circumstances, providing for enforcement and providing penalties.
","history":"(Acts 1984, No. 84-260, p. 433, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5254,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5138,"codeId":23888,"versionId":38563,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-4","shortTitle":"Section 8-22-4","catchLine":"Definitions.","title":"Section 8-22-4 Definitions.","sectionRange":null,"content":"The following terms shall have the meanings ascribed to them in this section unless otherwise stated and unless the context or subject matter clearly indicates otherwise:
(1) PERSON. Any person, firm, association, organization, partnership, business trust, joint stock company, company, corporation, or legal entity.
(2) MOTOR FUEL. Those products upon which the state excise tax levied, or defined, in Sections 40-17-1 through 40-17-52 and 40-17-170, as amended, is imposed.
(3) WHOLESALER. Includes any person qualified as a wholesaler of motor fuel with the state Revenue Commissioner, and shall also mean and include any person, other than a buying pool defined herein, wherever resident or located, who brings or causes to be brought into this state motor fuel purchased directly from the manufacturer thereof.
(4) WHOLESALE DISTRIBUTION. Any person, or the act of any person, including any affiliate of such person, in commerce within the state, who purchases motor fuel for sale, consignment or distribution to another, or, receives motor fuel on consignment for consignment or distribution to his own motor fuel accounts or to accounts of his supplier, but shall not include a person who is an employee of, or merely serves as, a common carrier providing transportation services for such supplier.
(5) RETAILER. Includes any person who is engaged in this state in the business of selling motor fuel at retail to the general public for ultimate consumption, and includes any group of persons, cooperative organizations, buying pools and any other person or group purchasing motor fuel on a cooperative basis from licensed distributors or wholesalers.
(6) BUYING POOL. Includes any combination, corporation, association, affiliation or group of retail dealers operating jointly in the purchase, sale, exchange or barter of motor fuel, the profits of which accrue directly or indirectly to such retail dealers.
(7) SALE or SELL. Any transfer for a combination, exchange, barter, gift, offer for sale, advertising for sale, soliciting an order for motor fuel and distribution in any manner or by any means whatsoever.
(8) SELL AT WHOLESALE, SALE AT WHOLESALE and WHOLESALES. Includes any sale made in the ordinary course of trade or usual conduct of the wholesaler’s business to a retailer for the purpose of resale.
(9) SELL AT RETAIL, SALE AT RETAIL and RETAIL SALES. Includes any sale for consumption or use in the ordinary course of trade or usual conduct of the seller’s business.
(10) CUSTOMARY DISCOUNT FOR CASH. Includes any allowance, whether a part of a larger discount or not, made to a wholesaler or retailer when such person pays for motor fuel within a limited or specified time.
(11) REFINER. Any person engaged in the production or refining of motor fuel, whether such production or refining occurs in this state or elsewhere, and includes any affiliate of such person.
(12) COST TO REFINER. That refiner’s posted terminal price to the wholesale class of trade. In the event a refiner does not regularly sell to the wholesale class of trade at that terminal or does not post such a terminal price, it may use as its cost the posted price of any other refiner at any terminal within the general trade area which has products readily available for sale to the wholesale class of trade.
(13) COMPETITION. Includes any person who competes with another person in the same market area at the same level of distribution.
(14) BASIC COST OF MOTOR FUEL. Whichever of the two following amounts is lower, namely, (i) the most recent invoice cost of motor fuel to the wholesaler or retailer, as the case may be, or (ii) the weighted-average cost of motor fuel to the wholesaler or retailer, as the case may be, in either of the two cases, all trade discounts except customary discounts for cash, plus the full value of freight costs and any taxes which may be required by law, now in effect or hereafter enacted, if not already included in the invoice cost of the motor fuel to the wholesaler or retailer, as the case may be. In computing its basic cost of motor fuel, its cost of doing business and in meeting competition under Section 8-22-8; a refiner that assesses a processing fee of any kind for credit card transactions must assess such fees in a like manner to its affiliates.
(15) COST TO WHOLESALER. As applied to wholesale distribution, the most recent invoice or weighted-average cost of the motor fuel, whichever is less, less all trade discounts except customary discounts for cash, to which shall be added all applicable state, federal and local taxes, inspection fees, freight charges not otherwise included in the cost of motor fuel, cartage to the retail outlet, if paid by the wholesaler, plus the cost of doing business.
(16) COST TO RETAILER. As applied to retail sales, the most recent invoice or weighted-average cost of the motor fuel, whichever is less, less all trade discounts except customary discounts for cash, to which shall be added all applicable state, federal and local taxes, inspection fees, freight cost, if paid by the retailer, plus the cost of doing business.
(17) COST OF DOING BUSINESS or OVERHEAD EXPENSES. Includes all costs incurred in the conduct of business, including but not limited to: labor (including salaries of executives and officers), rent (which rent must be no less than fair market value based on current use), interest on borrowed capital, depreciation, selling cost, maintenance of equipment, transportation or freight cost, losses due to breakage or damage; credit card fees, or other charges; credit losses, all types of licenses, taxes, insurance, and advertising.
(18) TRANSFER PRICE. Includes the price used by a person in transferring motor fuel to itself or an affiliate for resale at another marketing level. Such price shall be determined using standard, functional accounting procedures.
(19) AFFILIATE. Any person who (other than by means of franchise) controls, is controlled by, or is under common control with, any other person.
(20) OTHER GOODS. Any other articles, products, commodities, gifts, or concessions sold in a combined sale with motor fuel.
(21) BASIC COST OF OTHER GOODS. The lower of the two following amounts:
a. The most recent invoice cost of other goods to the wholesaler or retailer, as the case may be, less all trade discounts except customary discounts for cash, plus the full value of freight costs and any taxes which may be required by law, now in effect or hereafter enacted, if not already included in the invoice cost of the other goods to the wholesaler or retailer, as the case may be.
b. The weighted-average cost of other goods to the wholesaler or retailer, as the case may be, less all trade discounts except customary discounts for cash, plus the full value of freight costs and any taxes which may be required by law, now in effect or hereafter enacted, if not already included in the invoice cost of the other goods to the wholesaler or retailer, as the case may be.
","history":"(Acts 1984, No. 84-260, p. 433, §4; Act 2015-225, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5255,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5139,"codeId":23890,"versionId":18902,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-5","shortTitle":"Section 8-22-5","catchLine":"Oil Transfer Price Disclosure Required.","title":"Section 8-22-5 Oil Transfer Price Disclosure Required.","sectionRange":null,"content":"All persons engaged in commerce in this state are required to disclose, upon request, their transfer prices on each grade of motor fuel transferred or sold to itself or an affiliate for resale at another marketing level of distribution. Such disclosure shall only be made to those persons affected by such transfer prices or in any legal proceedings arising from this chapter.
","history":"(Acts 1984, No. 84-260, p. 433, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5256,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5140,"codeId":23891,"versionId":18903,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-6","shortTitle":"Section 8-22-6","catchLine":"Certain Below Cost Fuel Sales Prohibited.","title":"Section 8-22-6 Certain Below Cost Fuel Sales Prohibited.","sectionRange":null,"content":"It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on the same level of distribution, within the same market area, where the effect is to injure competition.
","history":"(Acts 1984, No. 84-260, p. 433, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5257,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5141,"codeId":23893,"versionId":18904,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-7","shortTitle":"Section 8-22-7","catchLine":"Certain Below Cost Fuel Transfers Prohibited.","title":"Section 8-22-7 Certain Below Cost Fuel Transfers Prohibited.","sectionRange":null,"content":"It shall be unlawful for any person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale at another marketing level of distribution at a transfer price that is below cost or lower than the price it charges a person who purchases for resale on the same day and at the same distribution level, within the same market area, where the effect is to injure competition.
","history":"(Acts 1984, No. 84-260, p. 433, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5258,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5142,"codeId":23895,"versionId":38564,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-8","shortTitle":"Section 8-22-8","catchLine":"Certain Sales and Transfer Price Differentials Authorized.","title":"Section 8-22-8 Certain Sales and Transfer Price Differentials Authorized.","sectionRange":null,"content":"(a) It is not a violation of this chapter if a difference exists between the transfer price or sales price of motor fuel of like grade and quality and the price charged to a person who purchases for resale at the same level of distribution, including any discounts, rebates, allowances, services, facilities granted any of a supplier’s own marketing operations in excess of those provided to a person who purchases for resale at the same level of distribution, if the lower price is due to a cost differential incurred because of a difference in shipping method, transportation, marketing, sale or quantity, in which such motor fuel is sold.
(b) It is not a violation of this chapter if any price is established in good faith to meet an equally low price of a competitor in the same market area on the same level of distribution selling the same or a similar product of like grade and quality or is exempt under Section 8-22-13.
(c) It is not a violation of this chapter for a retailer to offer to sell, or sell, motor fuel in a combined sale with other goods when the retailer’s combined selling price is not below the cost to the retailer of all motor fuel and other goods included in the transactions. A combined sale permitted by this chapter includes both contemporaneous sales and also sales or series of sales that are not contemporaneous, including where the purchaser receives accrued discounts or credits on motor fuel as a result of the purchaser’s earlier purchases of other goods from the retailer.
","history":"(Acts 1984, No. 84-260, p. 433, §8; Act 2015-225, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5259,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5143,"codeId":23897,"versionId":18906,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-9","shortTitle":"Section 8-22-9","catchLine":"Unlawful Acts Generally.","title":"Section 8-22-9 Unlawful Acts Generally.","sectionRange":null,"content":"It shall be unlawful under this section:
(1) For any person engaged in commerce in this state to sell or offer to sell motor fuel at wholesale or retail, as the case may be, where the effect is to injure competition.
(2) For any person, where the effect is to injure competition, to offer a rebate, to offer to give a rebate, to offer a concession of any kind in connection with the sale of motor fuel.
(3) For any retailer to induce or attempt to induce or to procure or attempt to procure the purchase of motor fuel at a price less than cost to wholesaler. Any person who violates any provision of this section shall be subject to the provisions and penalties of this chapter.
","history":"(Acts 1984, No. 84-260, p. 433, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5260,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5144,"codeId":23899,"versionId":38565,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-10","shortTitle":"Section 8-22-10","catchLine":"Below Cost Combined Selling Price of Motor Fuel and Promotional Gifts, Etc., Prohibited.","title":"Section 8-22-10 Below Cost Combined Selling Price of Motor Fuel and Promotional Gifts, Etc., Prohibited.","sectionRange":null,"content":"In all advertisements, offers for sale or sales involving two or more items, at least one of which items is motor fuel, at a combined price, and in all advertisements, offers of sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the wholesaler’s or retailer’s combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all motor fuel and other goods.
","history":"(Acts 1984, No. 84-260, p. 433, §10; Act 2015-225, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5261,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5145,"codeId":23900,"versionId":18908,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-11","shortTitle":"Section 8-22-11","catchLine":"Sales Between Wholesalers.","title":"Section 8-22-11 Sales Between Wholesalers.","sectionRange":null,"content":"When one wholesaler sells motor fuel to any other wholesaler, the former shall not be required to include in his selling price to the latter “cost to the wholesaler” as provided by Section 8-22-4, but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of said section.
","history":"(Acts 1984, No. 84-260, p. 433, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5262,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5146,"codeId":23901,"versionId":18909,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-12","shortTitle":"Section 8-22-12","catchLine":"Applicability of Chapter Generally.","title":"Section 8-22-12 Applicability of Chapter Generally.","sectionRange":null,"content":"(a) The provisions of the Motor Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made
(1) In an isolated transaction and not in the usual course of business;
(2) Where motor fuels are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and said advertising, offer to sell, or sale shall state the reason thereafter and the quantity of such motor fuel advertised, offered for sale, or to be sold;
(3) Where motor fuel is advertised, offered for sale, or sold as imperfect or damaged, and said advertising, offer of sale or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold;
(4) Where motor fuel is sold upon the final liquidation of a business; or
(5) Where motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court.
(b) The notice required to be given under this section shall not be sufficient unless the subject of such sales is kept separate from other stocks and clearly and legibly marked with the reason for such sales, and any advertisement of such goods must indicate the same facts and the quantity to be sold.
","history":"(Acts 1984, No. 84-260, p. 433, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5263,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5147,"codeId":23904,"versionId":18911,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-13","shortTitle":"Section 8-22-13","catchLine":"Competitive Sales, Etc.","title":"Section 8-22-13 Competitive Sales, Etc.","sectionRange":null,"content":"(a) Any wholesaler may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is rendering the same type service and is selling the same article at cost to the said competing wholesaler as defined in this chapter. Any retailer may advertise, offer to sell, or sell motor fuel at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the said competing retailer as defined in this chapter. The price of motor fuel advertised, offered for sale, or sold under the exceptions specified in Section 8-22-12 shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.
(b) In the absence of proof of the actual cost to the said competing wholesaler or the said competing retailer, as the case may be, such cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same market area as determined by a cost survey made pursuant to subsection (b) of Section 8-22-15.
","history":"(Acts 1984, No. 84-260, p. 433, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5264,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5148,"codeId":23905,"versionId":18912,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-14","shortTitle":"Section 8-22-14","catchLine":"Contracts Violative of Chapter Rendered Void and Unenforceable.","title":"Section 8-22-14 Contracts Violative of Chapter Rendered Void and Unenforceable.","sectionRange":null,"content":"Any contract, express or implied, made by any person in violation of any of the provisions of this chapter, is illegal and void and no recovery shall be had thereon.
","history":"(Acts 1984, No. 84-260, p. 433, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5265,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5149,"codeId":23906,"versionId":18913,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-15","shortTitle":"Section 8-22-15","catchLine":"Determination of Cost to Wholesaler, Etc.","title":"Section 8-22-15 Determination of Cost to Wholesaler, Etc.","sectionRange":null,"content":"(a) In determining cost to the wholesaler and cost to the retailer, the court of jurisdiction shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under this chapter purchased the motor fuel involved in the complaint, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true costs, discounts or terms of purchase, and shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the market area.
(b) Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for a market area in which a violation of this chapter is committed or charged, to determine and establish on the basis of actual existing conditions the lowest cost to wholesalers or the lowest cost to retailers within the said area, the said cost survey shall be deemed competent evidence in any action or proceeding under this chapter as tending to prove actual cost to the wholesaler or actual cost to the retailer complained against, but any party against whom any such cost survey may be introduced in evidence shall have the right to offer evidence tending to prove any inaccuracy of such cost survey or any state of facts which would impair its probative value.
","history":"(Acts 1984, No. 84-260, p. 433, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5266,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5150,"codeId":23908,"versionId":18914,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-16","shortTitle":"Section 8-22-16","catchLine":"Penalties.","title":"Section 8-22-16 Penalties.","sectionRange":null,"content":"(a) Any person who violates this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such person shall also be liable for attorney fees and shall be subject to injunctive relief. Each day that a violation of this chapter occurs shall be considered as a separate violation.
(b) The penalty may be assessed and recovered in a civil action brought by the Attorney General, or by any district attorney in any court of competent jurisdiction. If brought by a district attorney, 30 percent of the penalty shall be paid to the office of the district attorney which brought the action and 70 percent of the penalty shall be paid to the treasury of the county in which the judgment was entered. If brought by the Attorney General, one-half of the penalty shall be paid to the treasury of the county where the action was brought and one-half shall be paid to the State Treasury.
","history":"(Acts 1984, No. 84-260, p. 433, §16; Acts 1994, No. 94-699, p. 1353, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5267,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5151,"codeId":23910,"versionId":18915,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-17","shortTitle":"Section 8-22-17","catchLine":"Equity Action by Person Injured from Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction.","title":"Section 8-22-17 Equity Action by Person Injured from Violation of Chapter Authorized; Injunctive Relief; Damages; Attorneys Fees; Jurisdiction.","sectionRange":null,"content":"(a) Any person injured by any violation, or who would suffer injury from any threatened violation, of this chapter may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit, such violation or threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit, including reasonable attorney’s fees. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in said action, in addition to such injunctive relief and cost of suit, including reasonable attorney’s fees, shall be entitled to recover from the defendant the damages sustained by him.
(b) A person injured as a result of an act or practice which violates this chapter may bring a civil action for appropriate relief, including an action for a declaratory judgment, injunctive relief, and for actual damages. Any actual damages found to have resulted from violations of this chapter shall be trebled by the court in making its award. Any action under this subsection shall be brought within two years after the alleged violations occurred.
(c) The court, in making an award under subsection (b) of this section, may award court costs and reasonable attorney’s fees to the prevailing party.
(d) The courts of this state are empowered with jurisdiction to hear and determine all cases brought under this section. Venue lies in any county where the defendant or any of them resides or does business or where the cause of action accrues.
","history":"(Acts 1984, No. 84-260, p. 433, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5268,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5152,"codeId":23912,"versionId":18917,"parentId":23883,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-22-18","shortTitle":"Section 8-22-18","catchLine":"Prima Facie Showing of Violation of Chapter.","title":"Section 8-22-18 Prima Facie Showing of Violation of Chapter.","sectionRange":null,"content":"In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if the plaintiff shows:
(1) That the plaintiff’s purchase price from a refiner or wholesaler is greater than said refiner’s transfer price; or
(2) That the plaintiff’s purchase price from a refiner or wholesaler plus the plaintiff’s cost of doing business is greater than said refiner’s or wholesaler’s retail posted sales price; or
(3) That the plaintiff’s basic cost of motor fuel plus the plaintiff’s cost of doing business is greater than the posted sales price at a retail location of a competitor, within the plaintiff’s marketing area, suspected of selling motor fuel in violation of this chapter.
","history":"(Acts 1984, No. 84-260, p. 433, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5269,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5153,"codeId":23915,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"23","shortTitle":"Chapter 23","catchLine":"Health Studio Services.","title":"Chapter 23 Health Studio Services.","sectionRange":"§8-23-1 to §8-23-13","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5270,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5154,"codeId":23916,"versionId":18920,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-1","shortTitle":"Section 8-23-1","catchLine":"Legislative Findings and Declaration.","title":"Section 8-23-1 Legislative Findings and Declaration.","sectionRange":null,"content":"The Legislature finds and declares that there exist in connection with a substantial number of contracts for health studio services certain practices and business and financing methods which have worked undue financial hardship upon some of the citizens of our state, and that existing legal remedies are inadequate to correct existing problems in the industry. The Legislature finds and declares that the health studio industry has a significant impact upon the economy and well-being of the people of the state and that the provisions of this chapter regulating health studio contracts are necessary for the public welfare.
","history":"(Acts 1984, No. 84-297, p. 661, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5271,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5155,"codeId":23919,"versionId":18922,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-2","shortTitle":"Section 8-23-2","catchLine":"Definitions.","title":"Section 8-23-2 Definitions.","sectionRange":null,"content":"For purposes of this section, the following terms shall have the following meanings, unless the context requires otherwise:
(1) HEALTH STUDIO. Includes any person, firm, corporation, organization, club, or association engaged in the sale of instruction, training, or assistance in a program of physical exercise or weight reduction, which may include the use of a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising or weight reduction machine or device. The term also includes any person, firm, corporation, organization, or association engaged in the sale of the right or privilege to use exercise or weight reduction equipment or facilities, such as a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising or weight reduction machine or device. “Health studio” does not include bona fide nonprofit organizations which have been granted tax exempt status by the Internal Revenue Service, including but not limited to, the Young Men’s Christian Association, Young Women’s Christian Association, or other similar organizations, whose functions as health studios are only incidental to their overall functions and purposes.
(2) HEALTH STUDIO SERVICES. Includes services, privileges, or rights offered for sale or provided by a “health studio.”
(3) DIVISION. The Consumer Division of the office of Attorney General.
","history":"(Acts 1984, No. 84-297, p. 661, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5272,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5156,"codeId":23921,"versionId":18924,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-3","shortTitle":"Section 8-23-3","catchLine":"Registration of Health Studio Sales Persons; Resident Agent; Security Bond.","title":"Section 8-23-3 Registration of Health Studio Sales Persons; Resident Agent; Security Bond.","sectionRange":null,"content":"(a) Each person who sells health studio services in this state shall register with the Attorney General’s Consumer Protection Division on forms the division provides. The person shall furnish the full name and address of each business location where health studio services are sold as well as any other registration information the division deems appropriate.
(b) There shall be one registered agent representing each seller of health studio services in the county where a studio is located and shall serve as a resident agent for receipt of service of process.
(c) The division may bring an action for mandamus against a health studio to require the club to register or to have and maintain the surety required by this section.
(d) Every health studio which sells contracts for health studio services to be rendered at a planned health studio or a health studio under construction shall purchase a security bond in an amount not less than $50,000, or shall file with the division an irrevocable letter of credit by a surety company or lending institution permitted to do business in the state.
(e) A buyer of health studio services who suffers or sustains any loss or damage by reason of breach of contract or bankruptcy by the seller of the health studio services contract may bring an action based on the bond and recover against the surety.
(f) The liability of the surety under any bond may not exceed the aggregate amount of the bond, regardless of the number of amount of claims filed.
(g) If the claims filed should exceed the amount of the bond, the surety shall pay the amount of the bond to the division for distribution to claimants entitled to restitution and shall be relieved of all liability under the bond.
(h) Any person or business bonded under this section shall maintain accurate records of the bond and of premium payments on it. These records shall be open to inspection by the division at any time during normal business hours.
","history":"(Acts 1984, No. 84-297, p. 661, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5273,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5157,"codeId":23923,"versionId":18925,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-4","shortTitle":"Section 8-23-4","catchLine":"Health Studio Services Contracts - Composition.","title":"Section 8-23-4 Health Studio Services Contracts - Composition.","sectionRange":null,"content":"Every contract for the sale of health studio services shall contain the following:
(1) Provisions for the penalty-free cancellation of the contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract’s term or, if appropriate, the number of occasions health studio services are to be rendered, into the total contract price and multiplying the result by the number of complete days that have passed since the contract’s making or, if appropriate, by the number of occasions that health studio services have been rendered.
(2) Provision for the cancellation of the contract if the health studio goes out of business and fails to provide facilities within five miles or moves its facilities more than five miles from the location designated in such contract, upon written notice by the buyer, with refund upon such notice of funds paid or accepted in payment of the contract or in an amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term.
(3) Provision for the cancellation of the contract if the buyer dies or becomes totally and permanently disabled during the membership term following the date of such contract, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term. The contract may require a buyer or the buyer’s estate seeking relief under this subsection to provide reasonable proof of total and permanent disability or death.
(4) Provision that period over which the contract is financed shall not be for a period in excess of 24 months.
(5) Buyer has the right to rescind this agreement within a 30-day period after the facility becomes fully operational if there has been any misrepresentation concerning the facilities that would be available to said buyer.
(6) Provision that in the event that buyer moves out of town and there exists no affiliated facility within a 15-mile radius of buyer’s new location the contract or membership agreement may be cancelled at buyer’s option. On an installment sales contract a pro rata refund must be available at buyer’s option.
","history":"(Acts 1984, No. 84-297, p. 661, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5274,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5158,"codeId":23924,"versionId":18927,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-5","shortTitle":"Section 8-23-5","catchLine":"Health Studio Services Contracts - Written Contract Required; Rights of Buyer.","title":"Section 8-23-5 Health Studio Services Contracts - Written Contract Required; Rights of Buyer.","sectionRange":null,"content":"Upon entering into a contract for health studio services, the buyer shall be provided with a written contract, which shall include the name, address, and primary place of business of the health studio. Prior to entering into any such contract, the health studio shall also provide the buyer with a current copy of any rules and regulations applicable to the buyer’s use of the health studio.
(1) If a health studio facility is not in existence on the date the health studio contract is executed, the buyer may cancel the contract in the event the facility is not open for business on the date as provided by the contract.
(2) If the buyer cancels under this section, the health studio facility shall refund any deposit, down payment, or payment on the contract.
","history":"(Acts 1984, No. 84-297, p. 661, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5275,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5159,"codeId":23926,"versionId":18929,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-6","shortTitle":"Section 8-23-6","catchLine":"Applicability of Chapter.","title":"Section 8-23-6 Applicability of Chapter.","sectionRange":null,"content":"The provisions of this chapter shall not apply to any contracts for health studio services entered into before August 13, 1984, or to the subsequent renewals of said contracts.
","history":"(Acts 1984, No. 84-297, p. 661, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5276,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5160,"codeId":23928,"versionId":18931,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-7","shortTitle":"Section 8-23-7","catchLine":"Assignment of Contract; Notice.","title":"Section 8-23-7 Assignment of Contract; Notice.","sectionRange":null,"content":"No right of action or defense arising out of a contract for health studio services which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not he acquires the contract in good faith and for value unless the assignee gives notice of the assignment to the buyer as provided in this section and within 30 days of the mailing of notice receives no written notice of the facts giving rise to the claim or defense of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address shown on the contract and shall identify the contract and inform the buyer that he must, within 30 days of the date of mailing of the notice, notify the assignee in writing of any facts giving rise to a claim or defense which he may have. The notice of assignment shall state the name of the seller and buyer, a description of the services, the contract balance and the number and amount of the installments.
","history":"(Acts 1984, No. 84-297, p. 661, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5277,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5161,"codeId":23930,"versionId":18933,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-8","shortTitle":"Section 8-23-8","catchLine":"Restriction of Right of Action of Buyer Prohibited.","title":"Section 8-23-8 Restriction of Right of Action of Buyer Prohibited.","sectionRange":null,"content":"No contract for health studio services shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will cut off as to the parties any right of action or defense which the buyer may have against the seller.
","history":"(Acts 1984, No. 84-297, p. 661, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5278,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5162,"codeId":23932,"versionId":18935,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-9","shortTitle":"Section 8-23-9","catchLine":"Effect of Noncompliance with Chapter.","title":"Section 8-23-9 Effect of Noncompliance with Chapter.","sectionRange":null,"content":"Any contract for health studio services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy.
","history":"(Acts 1984, No. 84-297, p. 661, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5279,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5163,"codeId":23934,"versionId":18937,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-10","shortTitle":"Section 8-23-10","catchLine":"Supervision and Enforcement of Chapter.","title":"Section 8-23-10 Supervision and Enforcement of Chapter.","sectionRange":null,"content":"Supervision and enforcement of the provisions of this chapter shall rest with the Attorney General and district attorneys of the several judicial circuits where such health studios are situated, respectively.
","history":"(Acts 1984, No. 84-297, p. 661, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5280,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5164,"codeId":23936,"versionId":18939,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-11","shortTitle":"Section 8-23-11","catchLine":"Penalty.","title":"Section 8-23-11 Penalty.","sectionRange":null,"content":"Violation of this chapter shall constitute a Class C felony.
","history":"(Acts 1984, No. 84-297, p. 661, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5281,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5165,"codeId":23937,"versionId":18940,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-12","shortTitle":"Section 8-23-12","catchLine":"Chapter Not Exclusive.","title":"Section 8-23-12 Chapter Not Exclusive.","sectionRange":null,"content":"Provisions of this chapter are not exclusive and do not relieve the parties or contracts subject thereto from compliance with all other applicable laws.
","history":"(Acts 1984, No. 84-297, p. 661, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5282,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5166,"codeId":23939,"versionId":18942,"parentId":23915,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-23-13","shortTitle":"Section 8-23-13","catchLine":"Noncompliance with Chapter Constitutes Unfair Trade Practice.","title":"Section 8-23-13 Noncompliance with Chapter Constitutes Unfair Trade Practice.","sectionRange":null,"content":"Failure to comply with the provisions of this chapter is an unfair or deceptive trade practice.
","history":"(Acts 1984, No. 84-297, p. 661, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5283,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5167,"codeId":23942,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"24","shortTitle":"Chapter 24","catchLine":"Sales Representative’s Commission Contracts.","title":"Chapter 24 Sales Representative’s Commission Contracts.","sectionRange":"§8-24-1 to §8-24-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5284,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5168,"codeId":23943,"versionId":18944,"parentId":23942,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-24-1","shortTitle":"Section 8-24-1","catchLine":"Definitions.","title":"Section 8-24-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) COMMISSION. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.
(2) PRINCIPAL. Any person who does all of the following:
a. Engages in the business of manufacturing, producing, importing, or distributing a product or products for sale to customers who purchase the product or products for resale.
b. Utilizes sales representatives to solicit orders for the product or products.
c. Compensates the sales representatives, in whole or in part, by commission.
(3) SALES REPRESENTATIVE. Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales.
(4) TERMINATION. The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract.
","history":"(Acts 1985, No. 85-543, p. 782, §1; Acts 1994, No. 94-686, p. 1319, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5285,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5169,"codeId":23945,"versionId":18946,"parentId":23942,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-24-2","shortTitle":"Section 8-24-2","catchLine":"When Commission Is Due; Payment.","title":"Section 8-24-2 When Commission Is Due; Payment.","sectionRange":null,"content":"(a) The terms of the contract between the principal and sales representative shall determine when a commission is due.
(b) If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the parties shall control, or if there are no past practices, the custom and usage prevalent in this state for the business that is the subject of the relationship between the parties shall control.
(c) All commissions that are due at the time of termination of a contract between a sales representative and principal shall be paid within thirty days after the date of termination. Commissions that become due after the termination date shall be paid within thirty days after the date on which the commissions become due.
","history":"(Acts 1985, No. 85-543, p. 782, §2; Acts 1994, No. 94-686, p. 1319, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5286,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5170,"codeId":23947,"versionId":18948,"parentId":23942,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-24-3","shortTitle":"Section 8-24-3","catchLine":"Failure to Pay Commission.","title":"Section 8-24-3 Failure to Pay Commission.","sectionRange":null,"content":"A principal who fails to pay a commission as required by Section 8-24-2 is liable to the sales representative in a civil action for three times the damages sustained by the sales representative plus reasonable attorney’s fees and court costs.
","history":"(Acts 1985, No. 85-543, p. 782, §3; Acts 1994, No. 94-686, p. 1319, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5287,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5171,"codeId":23949,"versionId":18950,"parentId":23942,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-24-4","shortTitle":"Section 8-24-4","catchLine":"When Nonresident Principal Considered to Be Doing Business in State.","title":"Section 8-24-4 When Nonresident Principal Considered to Be Doing Business in State.","sectionRange":null,"content":"A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
","history":"(Acts 1985, No. 85-543, p. 782, §4; Acts 1994, No. 94-686, p. 1319, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5288,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5172,"codeId":23951,"versionId":18952,"parentId":23942,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-24-5","shortTitle":"Section 8-24-5","catchLine":"Waiver of Chapter Provisions; Other Rights or Remedies.","title":"Section 8-24-5 Waiver of Chapter Provisions; Other Rights or Remedies.","sectionRange":null,"content":"(a) This chapter may not be waived, whether by express waiver or by any provision in a contract attempting to make the contract or agreement subject to the laws of another state. A waiver of any provision of this chapter is void.
(b) This chapter does not invalidate or restrict any other right or remedy available to a sales representative or preclude a sales representative from seeking to recover in one action on all claims against a principal.
","history":"(Acts 1985, No. 85-543, p. 782, §5; Acts 1994, No. 94-686, p. 1319, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5289,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5173,"codeId":23953,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"25","shortTitle":"Chapter 25","catchLine":"Rental-Purchase Agreements.","title":"Chapter 25 Rental-Purchase Agreements.","sectionRange":"§8-25-1 to §8-25-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5290,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5174,"codeId":23954,"versionId":18954,"parentId":23953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-25-1","shortTitle":"Section 8-25-1","catchLine":"Definitions.","title":"Section 8-25-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words and phrases shall have the following meanings ascribed to them, unless the context clearly indicates otherwise:
(1) ADVERTISEMENT. A commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for instore merchandising aids.
(2) CONSUMER. An individual who leases personal property under a rental-purchase agreement.
(3) MERCHANDISE. The personal property that is the subject of a rental-purchase agreement.
(4) MERCHANT. A person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement, and includes a person who is assigned an interest in a rental-purchase agreement.
(5) RENTAL-PURCHASE AGREEMENT. An agreement for the use of merchandise by a consumer for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, and that permits the consumer to become the owner of the merchandise. This term does not include any transaction wherein a consumer sells personal property to a merchant and then leases the same personal property back with or without a right to repurchase the property. Any rental-purchase agreement in compliance with this chapter shall not be construed to be, nor governed by the laws relating to:
a. A “credit sale” as that term is defined in subdivision (4) of Section 5-19-1; or
b. A “security interest” as that term is defined in subdivision (37) of Section 7-1-201 of the Uniform Commercial Code.
","history":"(Acts 1986, No. 86-497, p. 945, §1; Acts 1991, No. 91-654, p. 1232, §1; Acts 1993, No. 93-614, §1(3).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5291,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5175,"codeId":23956,"versionId":18956,"parentId":23953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-25-2","shortTitle":"Section 8-25-2","catchLine":"Disclosures by Merchant to Consumer; Inaccuracy Due to Acts, Etc., After Delivery; Form of Disclosure.","title":"Section 8-25-2 Disclosures by Merchant to Consumer; Inaccuracy Due to Acts, Etc., After Delivery; Form of Disclosure.","sectionRange":null,"content":"(a) The merchant shall disclose to the consumer the information required by this title. In a transaction involving more than one consumer, the merchant need disclose to only one of the consumers who are primarily obligated. In a transaction involving more than one merchant, only one merchant need make the disclosures.
(b) The disclosures shall be made clearly and conspicuously in writing in a form that the consumer may keep. The required disclosure may be made a part of the rental-purchase agreement or provided on a separate form.
(c) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement after delivery of the required disclosure, the resulting inaccuracy is not a violation of this title.
(d) For each rental-purchase agreement, the lessor shall disclose the following items, as applicable:
(1) Whether the merchandise is new or has been previously rented;
(2) The amount and timing of periodic payments;
(3) A brief explanation of other charges besides rental payments for which the consumer may be liable;
(4) The total number of rental payments required and the total amount to be paid to acquire ownership of the merchandise;
(5) That the consumer does not acquire ownership rights unless the consumer has complied with the ownership terms of the agreement; and
(6) A statement explaining who is liable for loss of or damage to the merchandise.
(e) The following form is an example of the form which may be used to satisfy the disclosure requirements of this section:
1. Condition of property: new/previously rented
2. This agreement is for _____ week(s) or _____ month(s).
Weekly rental is _____.
Monthly rental is _____.
3. Other charges (specify):
4. Ownership:
If you renew this agreement for ______ weeks/months in a row, you will pay a total of $ _____ to own the property.
5. You do not own the property. You will not own the property unless you comply fully with the ownership terms of this agreement.
6. Explanation of liability for loss of or damage to property
","history":"(Acts 1986, No. 86-497, p. 945, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5292,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5176,"codeId":23958,"versionId":18958,"parentId":23953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-25-3","shortTitle":"Section 8-25-3","catchLine":"Prohibited Provisions.","title":"Section 8-25-3 Prohibited Provisions.","sectionRange":null,"content":"A rental-purchase agreement shall not contain a provision:
(1) Requiring a confession of judgment;
(2) Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise;
(3) Waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant; or
(4) Requiring the purchase of insurance or waiver of liability from the merchant to cover the merchandise; provided, however, that the lessor may offer to the lessee any such insurance or waiver of liability if it is clearly and conspicuously disclosed on the face of the insurance or waiver of liability agreement, in print not less than eight-point bold face type, that the purchase of any such insurance or waiver of liability by the lessee from the lessor is optional. The charge for any insurance or waiver of liability shall not exceed 15 percent of the rental payment.
","history":"(Acts 1986, No. 86-497, p. 945, §3; Acts 1991, No. 91-654, p. 1232, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5293,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5177,"codeId":23959,"versionId":18959,"parentId":23953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-25-4","shortTitle":"Section 8-25-4","catchLine":"Reinstatement of Agreement After Failure to Make Timely Payment.","title":"Section 8-25-4 Reinstatement of Agreement After Failure to Make Timely Payment.","sectionRange":null,"content":"A consumer who fails to make a timely rental payment may reinstate an agreement without losing any rights or options previously acquired, by taking the required action within five days if the consumer pays monthly or within two days if the consumer pays more frequently than monthly. Nothing in this section shall prevent the accrual of any late charges or reinstatement fees charged by the merchant. Nothing in this section shall prevent the merchant from attempting repossession of the merchandise during the reinstatement period, and the consumer’s right to reinstate an agreement shall not expire because of such a repossession.
A consumer must pay all rental and other charges due or return the merchandise to the merchant if the merchant so requests during the reinstatement period. If the merchandise is returned during the applicable reinstatement period other than through judicial process, the right to reinstate shall be extended for a period of not less than 30 days after the date of the return of the merchandise.
No consumer shall have the right to reinstate more than three times during the term of any one rental-purchase agreement.
On reinstatement, the merchant shall provide the consumer with the same merchandise or substitute merchandise of comparable quality and condition; however, the merchant shall not be required to provide new disclosures upon reinstatement.
","history":"(Acts 1986, No. 86-497, p. 945, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5294,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5178,"codeId":23960,"versionId":18960,"parentId":23953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-25-5","shortTitle":"Section 8-25-5","catchLine":"Required Provisions in Advertisements.","title":"Section 8-25-5 Required Provisions in Advertisements.","sectionRange":null,"content":"An advertisement for a rental-purchase agreement that states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state:
(1) That the transaction advertised is a rental-purchase agreement and
(2) The total amount and the number of payments necessary to acquire ownership.
","history":"(Acts 1986, No. 86-497, p. 945, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5295,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5179,"codeId":23961,"versionId":18961,"parentId":23953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-25-6","shortTitle":"Section 8-25-6","catchLine":"Damages and Fees Recoverable for Violations of Chapter; Nonliability Where Merchant Discovers Error, Gives Notice, and Makes Adjustments.","title":"Section 8-25-6 Damages and Fees Recoverable for Violations of Chapter; Nonliability Where Merchant Discovers Error, Gives Notice, and Makes Adjustments.","sectionRange":null,"content":"(a) A consumer damaged by a violation of this chapter by a merchant is entitled to recover from the merchant:
(1) Actual damages;
(2) Twenty-five percent of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved, except that the amount recovered under this subdivision may not be less than $100 nor more than $1,000; and
(3) Reasonable attorney’s fees not to exceed 15 percent of the consumer’s allowable recovery and court costs.
(b) A merchant is not liable under this section for a violation of this chapter caused by the merchant’s error if before the sixty-first day after the date the merchant discovers the error, and before an action under this section is filed or written notice of the error is received by the merchant from the consumer, the merchant gives the consumer written notice of the error and makes adjustments in the consumer’s account as necessary to assure that the agreement complies with this chapter.
","history":"(Acts 1986, No. 86-497, p. 945, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5296,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5180,"codeId":38080,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"25A","shortTitle":"Chapter 25A","catchLine":"Recovery Fee for Rental Equipment.","title":"Chapter 25A Recovery Fee for Rental Equipment.","sectionRange":"§8-25A-1","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5297,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5181,"codeId":38081,"versionId":30805,"parentId":38080,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-25A-1","shortTitle":"Section 8-25A-1","catchLine":"Recovery Fee Included in Rental Agreement for Heavy Equipment Property.","title":"Section 8-25A-1 Recovery Fee Included in Rental Agreement for Heavy Equipment Property.","sectionRange":null,"content":"(a) Except as provided in subsection (b), a person in the business of renting heavy equipment property located in this state may include in the rental agreement a one and one-half percent recovery fee on the gross rental receipts from any item of heavy equipment rented by a customer. The total amount of the recovery fee shall be retained by the business for the purpose of paying personal property taxes levied by all taxing jurisdictions against the heavy equipment property. For the purposes of this section, heavy equipment property includes self-propelled, self-powered, or pull-type equipment, including farm equipment, that is intended to be used for agricultural, construction, industrial, mining, or forestry uses. Heavy equipment property also includes equipment that is described under Industry Code 532412 of the 2002 North American Industry Classification System as published by the Bureau of the Census.
(b) Notwithstanding subsection (a), the recovery fee provided in this section shall not apply to the leasing or renting of heavy equipment to the State of Alabama, any municipality, or any county.
","history":"(Act 2009-583, p. 1718, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5298,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5182,"codeId":23962,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"26","shortTitle":"Chapter 26","catchLine":"Alabama Athlete Agents Regulatory Act.","title":"Chapter 26 Alabama Athlete Agents Regulatory Act.","sectionRange":"§8-26-1 to §8-26-41","content":null,"history":null,"numChildren":42,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5299,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5183,"codeId":23963,"versionId":18962,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-1","shortTitle":"Section 8-26-1","catchLine":"Short Title.","title":"Section 8-26-1 Short Title.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Acts 1987, No. 87-628, p. 1115, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5300,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5184,"codeId":28671,"versionId":22450,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-1.1","shortTitle":"Section 8-26-1.1","catchLine":"Legislative Findings.","title":"Section 8-26-1.1 Legislative Findings.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Act 98-132, p. 194, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5301,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5185,"codeId":23964,"versionId":22163,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-2","shortTitle":"Section 8-26-2","catchLine":"Definitions.","title":"Section 8-26-2 Definitions.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Acts 1987, No. 87-628, p. 1115, §2; Act 98-132, p. 194, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5302,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5186,"codeId":23965,"versionId":22164,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-3","shortTitle":"Section 8-26-3","catchLine":"Alabama Athlete Agent Regulatory Commission Created; Members; Terms of Office; Vacancies; Reappointment; Oath; Removal; Officers; Quorum; Records; Annual Register; Employees, Rules and Regulations; Compensation and Expenses.","title":"Section 8-26-3 Alabama Athlete Agent Regulatory Commission Created; Members; Terms of Office; Vacancies; Reappointment; Oath; Removal; Officers; Quorum; Records; Annual Register; Employees, Rules and Regulations; Compensation and Expenses.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Acts 1987, No. 87-628, p. 1115, §3; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1; Act 98–132, p. 194, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5303,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5187,"codeId":23966,"versionId":18963,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-4","shortTitle":"Section 8-26-4","catchLine":"Registration of Athlete Agents Required.","title":"Section 8-26-4 Registration of Athlete Agents Required.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Acts 1987, No. 87-628, p. 1115, §4; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5304,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5188,"codeId":23967,"versionId":18964,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-5","shortTitle":"Section 8-26-5","catchLine":"Application for Registration.","title":"Section 8-26-5 Application for Registration.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Acts 1987, No. 87-628, p. 1115, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5305,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5189,"codeId":23969,"versionId":18965,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-6","shortTitle":"Section 8-26-6","catchLine":"Evaluation of Applicant and Principal Place of Business.","title":"Section 8-26-6 Evaluation of Applicant and Principal Place of Business.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Acts 1987, No. 87-628, p. 1115, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5306,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5190,"codeId":23971,"versionId":22165,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-7","shortTitle":"Section 8-26-7","catchLine":"Grounds for Refusal to Grant Registration; Notice of Refusal and Opportunity for Hearing; Hearing Procedure; Determination of Commission; Appeals; Effective Date of Orders and Judgments.","title":"Section 8-26-7 Grounds for Refusal to Grant Registration; Notice of Refusal and Opportunity for Hearing; Hearing Procedure; Determination of Commission; Appeals; Effective Date of Orders and Judgments.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
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","history":"(Acts 1987, No. 87-628, p. 1115, §39.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5339,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5223,"codeId":24028,"versionId":19016,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-40","shortTitle":"Section 8-26-40","catchLine":"Effect of Failure to Comply with Section 8-26-4.","title":"Section 8-26-40 Effect of Failure to Comply with Section 8-26-4.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Acts 1987, No. 87-628, p. 1115, §40.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5340,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5224,"codeId":24029,"versionId":22170,"parentId":23962,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26-41","shortTitle":"Section 8-26-41","catchLine":"Penalties for Violation of Chapter.","title":"Section 8-26-41 Penalties for Violation of Chapter.","sectionRange":null,"content":"Repealed by Act 2001-701, § 3, effective October 1, 2001.
","history":"(Acts 1987, No. 87-628, p. 1115, §41; Act 98–132, p. 194, § 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5341,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5225,"codeId":30428,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"26A","shortTitle":"Chapter 26A","catchLine":"Alabama Uniform Athlete Agents Act.","title":"Chapter 26A Alabama Uniform Athlete Agents Act.","sectionRange":"§8-26A-1 to §8-26A-31","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5342,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5226,"codeId":30429,"versionId":null,"parentId":30428,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§8-26A-1 to §8-26A-18","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5343,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5227,"codeId":30431,"versionId":25136,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-1","shortTitle":"Section 8-26A-1","catchLine":"Short Title.","title":"Section 8-26A-1 Short Title.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5344,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5228,"codeId":30432,"versionId":25137,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-2","shortTitle":"Section 8-26A-2","catchLine":"Definitions.","title":"Section 8-26A-2 Definitions.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5345,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5229,"codeId":30433,"versionId":25138,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-3","shortTitle":"Section 8-26A-3","catchLine":"Administration; Service of Process; Subpoenas.","title":"Section 8-26A-3 Administration; Service of Process; Subpoenas.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5346,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5230,"codeId":30434,"versionId":25139,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-4","shortTitle":"Section 8-26A-4","catchLine":"Athlete Agents; Registration Required; Void Contracts.","title":"Section 8-26A-4 Athlete Agents; Registration Required; Void Contracts.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5347,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5231,"codeId":30435,"versionId":33471,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-5","shortTitle":"Section 8-26A-5","catchLine":"Registration as Athlete Agent; Form; Requirements.","title":"Section 8-26A-5 Registration as Athlete Agent; Form; Requirements.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1; Act 2011-173, p. 337, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5348,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5232,"codeId":30436,"versionId":25140,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-6","shortTitle":"Section 8-26A-6","catchLine":"Certificate of Registration; Issuance or Denial; Renewal.","title":"Section 8-26A-6 Certificate of Registration; Issuance or Denial; Renewal.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5349,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5233,"codeId":30437,"versionId":25141,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-7","shortTitle":"Section 8-26A-7","catchLine":"Suspension, Revocation, or Refusal to Renew Registration.","title":"Section 8-26A-7 Suspension, Revocation, or Refusal to Renew Registration.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5350,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5234,"codeId":30438,"versionId":25142,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-8","shortTitle":"Section 8-26A-8","catchLine":"Temporary Registration.","title":"Section 8-26A-8 Temporary Registration.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5351,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5235,"codeId":30439,"versionId":25143,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-9","shortTitle":"Section 8-26A-9","catchLine":"Registration and Renewal Fees.","title":"Section 8-26A-9 Registration and Renewal Fees.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
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","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5353,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5237,"codeId":30441,"versionId":25145,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-11","shortTitle":"Section 8-26A-11","catchLine":"Notice of Contract to Educational Institution.","title":"Section 8-26A-11 Notice of Contract to Educational Institution.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5354,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5238,"codeId":30442,"versionId":25146,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-12","shortTitle":"Section 8-26A-12","catchLine":"Student-Athlete’s Right to Cancel.","title":"Section 8-26A-12 Student-Athlete’s Right to Cancel.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5355,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5239,"codeId":30443,"versionId":25147,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-13","shortTitle":"Section 8-26A-13","catchLine":"Required Records.","title":"Section 8-26A-13 Required Records.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
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","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5358,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5242,"codeId":30446,"versionId":25150,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-16","shortTitle":"Section 8-26A-16","catchLine":"Civil Remedies.","title":"Section 8-26A-16 Civil Remedies.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5359,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5243,"codeId":30447,"versionId":25151,"parentId":30429,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-17","shortTitle":"Section 8-26A-17","catchLine":"Administrative Penalty.","title":"Section 8-26A-17 Administrative Penalty.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
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","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5361,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5245,"codeId":30430,"versionId":null,"parentId":30428,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Commission and Disposition of Funds.","title":"Article 2 Commission and Disposition of Funds.","sectionRange":"§8-26A-30 to §8-26A-31","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5362,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5246,"codeId":30449,"versionId":25775,"parentId":30430,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-30","shortTitle":"Section 8-26A-30","catchLine":"Alabama Athlete Agents Commission Continued; Members; Terms of Office; Vacancies; Reappointment; Oath; Removal; Officers; Quorum; Records; Annual Register; Employees, Rules and Regulations; Compensation and Expenses.","title":"Section 8-26A-30 Alabama Athlete Agents Commission Continued; Members; Terms of Office; Vacancies; Reappointment; Oath; Removal; Officers; Quorum; Records; Annual Register; Employees, Rules and Regulations; Compensation and Expenses.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1, Act 2003-59, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5363,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5247,"codeId":30450,"versionId":25153,"parentId":30430,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26A-31","shortTitle":"Section 8-26A-31","catchLine":"Disposition of Moneys and Fines Collected; Alabama Athlete Agents Fund.","title":"Section 8-26A-31 Disposition of Moneys and Fines Collected; Alabama Athlete Agents Fund.","sectionRange":null,"content":"Repealed by Act 2016-415, §2, effective October 1, 2016.
","history":"(Act 2001-701, p. 1494, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5364,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5248,"codeId":48644,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"26B","shortTitle":"Chapter 26B","catchLine":"Revised Uniform Athlete Agents Act.","title":"Chapter 26B Revised Uniform Athlete Agents Act.","sectionRange":"§8-26B-1 to §8-26B-61","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5365,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5249,"codeId":48645,"versionId":null,"parentId":48644,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§8-26B-1 to §8-26B-19","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5366,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5250,"codeId":48647,"versionId":40684,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-1","shortTitle":"Section 8-26B-1","catchLine":"Short Title.","title":"Section 8-26B-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as the Revised Uniform Athlete Agents Act (2016).
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5367,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5251,"codeId":48648,"versionId":40685,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-2","shortTitle":"Section 8-26B-2","catchLine":"Definitions.","title":"Section 8-26B-2 Definitions.","sectionRange":null,"content":"In this chapter:
(1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract.
(2) “Athlete agent”:
(A) means an individual, whether or not registered under this chapter, who:
(i) directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(ii) for compensation or in anticipation of compensation related to a student athlete’s participation in athletics:
(I) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(II) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
(iii) in anticipation of representing a student athlete for a purpose related to the athlete’s participation in athletics:
(I) gives consideration to the student athlete or another person;
(II) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
(III) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; but
(B) does not include an individual who:
(i) acts solely on behalf of a professional sports team or organization; or
(ii) is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:
(I) also recruits or solicits the athlete to enter into an agency contract;
(II) also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or
(III) receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.
(3) “Athletic director” means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) “Educational institution” includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university.
(5) “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.
(6) “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning.
(7) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.
(8) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities.
(9) “Licensed, registered, or certified professional” means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.
(10) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(11) “Professional-sports-services contract” means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.
(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) “Recruit or solicit” means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.
(14) “Registration” means registration as an athlete agent under this chapter.
(15) “Sign” means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(16) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(17) “Student athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5368,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5252,"codeId":48649,"versionId":40686,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-3","shortTitle":"Section 8-26B-3","catchLine":"Secretary of State; Authority; Procedure.","title":"Section 8-26B-3 Secretary of State; Authority; Procedure.","sectionRange":null,"content":"(a) The Alabama Administrative Procedure Act applies to this chapter. The Secretary of State may adopt rules under the act to implement this chapter.
(b) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual’s agent for service of process in any civil action in this state related to the individual acting as an athlete agent in this state.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5369,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5253,"codeId":48650,"versionId":40687,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-4","shortTitle":"Section 8-26B-4","catchLine":"Athlete Agent; Registration Required; Void Contract.","title":"Section 8-26B-4 Athlete Agent; Registration Required; Void Contract.","sectionRange":null,"content":"(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter.
(b) Before being issued a certificate of registration under this chapter, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(1) a student athlete or another person acting on behalf of the athlete initiates communication with the individual; and
(2) not later than seven days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(c) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5370,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5254,"codeId":48651,"versionId":40688,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-5","shortTitle":"Section 8-26B-5","catchLine":"Registration as Athlete Agent; Application; Requirements; Reciprocal Registration.","title":"Section 8-26B-5 Registration as Athlete Agent; Application; Requirements; Reciprocal Registration.","sectionRange":null,"content":"(a) An applicant for registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least the following:
(1) the name and date and place of birth of the applicant and the following contact information for the applicant:
(A) the address of the applicant’s principal place of business;
(B) work and mobile telephone numbers; and
(C) any means of communicating electronically, including a facsimile number, electronic-mail address, and personal and business or employer websites;
(2) the name of the applicant’s business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form, and the nature of the business;
(3) each social-media account with which the applicant or the applicant’s business or employer is affiliated;
(4) each business or occupation in which the applicant engaged within five years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;
(5) a description of the applicant’s:
(A) formal training as an athlete agent;
(B) practical experience as an athlete agent; and
(C) educational background relating to the applicant’s activities as an athlete agent;
(6) the name of each student athlete for whom the applicant acted as an athlete agent within five years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete’s sport and last-known team;
(7) the name and address of each person that:
(A) is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent or greater of the athlete agent’s business if it is not a corporation; and
(B) is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent or greater in the corporation;
(8) a description of the status of any application by the applicant, or any person named under paragraph (7), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;
(9) whether the applicant, or any person named under paragraph (7), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state and, if so, identification of:
(A) the crime;
(B) the law-enforcement agency involved; and
(C) if applicable, the date of the conviction and the fine or penalty imposed;
(10) whether, within 15 years before the date of application, the applicant, or any person named under paragraph (7), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;
(11) whether the applicant, or any person named under paragraph (7), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;
(12) whether, within 10 years before the date of application, the applicant, or any person named under paragraph (7), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;
(13) whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (7), made a false, misleading, deceptive, or fraudulent representation;
(14) each instance in which conduct of the applicant, or any person named under paragraph (7), resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution;
(15) each sanction, suspension, or disciplinary action taken against the applicant, or any person named under paragraph (7), arising out of occupational or professional conduct;
(16) whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (7), as an athlete agent in any state;
(17) each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;
(18) if the applicant is certified or registered by a professional league or players association:
(A) the name of the league or association;
(B) the date of certification or registration, and the date of expiration of the certification or registration, if any; and
(C) if applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and
(19) any additional information required by the Secretary of State.
(b) Instead of proceeding under subsection (a), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the Secretary of State:
(1) a copy of the application for registration in the other state;
(2) a statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and
(3) a copy of the certificate of registration from the other state.
(c) The Secretary of State shall issue a certificate of registration to an individual who applies for registration under subsection (b) if the Secretary of State determines:
(1) the application and registration requirements of the other state are substantially similar to or more restrictive than this chapter; and
(2) the registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
(d) For purposes of implementing subsection (c), the Secretary of State shall:
(1) cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and
(2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5371,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5255,"codeId":48652,"versionId":40689,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-6","shortTitle":"Section 8-26B-6","catchLine":"Certificate of Registration; Issuance or Denial; Renewal.","title":"Section 8-26B-6 Certificate of Registration; Issuance or Denial; Renewal.","sectionRange":null,"content":"(a) Except as otherwise provided in subsection (b), the Secretary of State shall issue a certificate of registration to an applicant for registration who complies with Section 8-26B-5(a).
(b) The Secretary of State may refuse to issue a certificate of registration to an applicant for registration under Section 8-26B-5(a) if the Secretary of State determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:
(1) pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state;
(2) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(3) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4) engaged in conduct prohibited by Section 8-26B-14;
(5) had a registration as an athlete agent suspended, revoked, or denied in any state;
(6) been refused renewal of registration as an athlete agent in any state;
(7) engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution; or
(8) engaged in conduct that adversely reflects on the applicant’s credibility, honesty, or integrity.
(c) In making a determination under subsection (b), the Secretary of State shall consider:
(1) how recently the conduct occurred;
(2) the nature of the conduct and the context in which it occurred; and
(3) other relevant conduct of the applicant.
(d) An athlete agent registered under subsection (a) may apply to renew the registration by submitting an application for renewal in a form prescribed by the Secretary of State. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration.
(e) An athlete agent registered under Section 8-26B-5(c) may renew the registration by proceeding under subsection (d) or, if the registration in the other state has been renewed, by submitting to the Secretary of State copies of the application for renewal in the other state and the renewed registration from the other state. The Secretary of State shall renew the registration if the Secretary of State determines:
(1) the registration requirements of the other state are substantially similar to or more restrictive than this chapter; and
(2) the renewed registration has not been suspended or revoked and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
(f) A certificate of registration or renewal of registration under this chapter is valid for two years.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5372,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5256,"codeId":48653,"versionId":40690,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-7","shortTitle":"Section 8-26B-7","catchLine":"Suspension, Revocation, or Refusal to Renew Registration.","title":"Section 8-26B-7 Suspension, Revocation, or Refusal to Renew Registration.","sectionRange":null,"content":"(a) The Secretary of State may limit, suspend, revoke, or refuse to renew a registration of an individual registered under Section 8-26B-6(a) for conduct that would have justified refusal to issue a certificate of registration under Section 8-26B-6(b).
(b) The Secretary of State may suspend or revoke the registration of an individual registered under Section 8-26B-5(c) or renewed under Section 8-26B-6(e) for any reason for which the Secretary of State could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under Section 8-26B-6(b).
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5373,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5257,"codeId":48654,"versionId":40691,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-8","shortTitle":"Section 8-26B-8","catchLine":"Temporary Registration.","title":"Section 8-26B-8 Temporary Registration.","sectionRange":null,"content":"The Secretary of State may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5374,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5258,"codeId":48655,"versionId":40692,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-9","shortTitle":"Section 8-26B-9","catchLine":"Registration and Renewal Fees.","title":"Section 8-26B-9 Registration and Renewal Fees.","sectionRange":null,"content":"An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in the following amount:
(1) Two hundred dollars ($200) for an initial application for registration;
(2) One hundred dollars ($100) for registration based on a certificate of registration issued by another state;
(3) One hundred dollars ($100) for an application for renewal of registration; or
(4) One hundred dollars ($100) for renewal of registration based on a renewal of registration in another state.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5375,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5259,"codeId":48656,"versionId":40693,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-10","shortTitle":"Section 8-26B-10","catchLine":"Required Form of Agency Contract.","title":"Section 8-26B-10 Required Form of Agency Contract.","sectionRange":null,"content":"(a) An agency contract must be in a record signed by the parties.
(b) An agency contract must contain:
(1) a statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the agent is registered as an athlete agent;
(2) the amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;
(3) the name of any person not listed in the agent’s application for registration or renewal of registration which will be compensated because the athlete signed the contract;
(4) a description of any expenses the athlete agrees to reimburse;
(5) a description of the services to be provided to the athlete;
(6) the duration of the contract; and
(7) the date of execution.
(c) Subject to subsection (g), an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
(d) An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete’s eligibility to participate in the athlete’s sport.
(e) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
(f) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgement required by subsection (d).
(g) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (c) must be revised accordingly.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5376,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5260,"codeId":48657,"versionId":40694,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-11","shortTitle":"Section 8-26B-11","catchLine":"Notice to Educational Institution.","title":"Section 8-26B-11 Notice to Educational Institution.","sectionRange":null,"content":"(a) In this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.
(b) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.
(c) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.
(d) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known the athlete enrolled.
(e) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and:
(1) the relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or
(2) the agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.
(f) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:
(1) the athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or
(2) another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.
(g) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.
(h) An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify the Secretary of State and any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5377,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5261,"codeId":48658,"versionId":40695,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-12","shortTitle":"Section 8-26B-12","catchLine":"Student Athlete’s Right to Cancel.","title":"Section 8-26B-12 Student Athlete’s Right to Cancel.","sectionRange":null,"content":"(a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.
(b) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not waive the right to cancel an agency contract.
(c) If a student athlete, parent, or guardian cancels an agency contract, the athlete, parent, or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5378,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5262,"codeId":48659,"versionId":40696,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-13","shortTitle":"Section 8-26B-13","catchLine":"Required Records.","title":"Section 8-26B-13 Required Records.","sectionRange":null,"content":"(a) An athlete agent shall create and retain for five years records of the following:
(1) the name and address of each individual represented by the agent;
(2) each agency contract entered into by the agent; and
(3) the direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.
(b) Records described in subsection (a) are open to inspection by the Secretary of State during normal business hours.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5379,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5263,"codeId":48660,"versionId":43713,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-14","shortTitle":"Section 8-26B-14","catchLine":"Prohibited Conduct; Payment of Expenses Under Certain Circumstances.","title":"Section 8-26B-14 Prohibited Conduct; Payment of Expenses Under Certain Circumstances.","sectionRange":null,"content":"(a) Except as otherwise provided in subsection (c), an athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:
(1) give materially false or misleading information or make a materially false promise or representation;
(2) furnish anything of value to the athlete before the athlete enters into the contract; or
(3) furnish anything of value to an individual other than the athlete or another registered athlete agent.
(b) An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:
(1) initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this chapter;
(2) fail to create or retain or to permit inspection of the records required by Section 8-26B-13;
(3) fail to register when required by Section 8-26B-4;
(4) provide materially false or misleading information in an application for registration or renewal of registration;
(5) predate or postdate an agency contract; or
(6) fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.
(c) An athlete agent registered under this chapter who is certified as an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in the sport may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, and an individual who is a member of a class of individuals authorized to receive payment for the expenses by the national association that certified the agent, if the expenses are:
(1) for the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the national association;
(2) of a type authorized to be paid by a certified agent by the national association;
(3) for a purpose authorized by the national association; and
(4) with respect to an athlete who is a secondary school student, allowed by the interscholastic association that determines eligibility for the athlete.
","history":"(Act 2016-415, p. 1160, §1; Act 2019-504, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5380,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5264,"codeId":48661,"versionId":40697,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-15","shortTitle":"Section 8-26B-15","catchLine":"Criminal Penalties.","title":"Section 8-26B-15 Criminal Penalties.","sectionRange":null,"content":"(a) The commission of any conduct prohibited in subsection (a) of Section 8-26B-14 by an individual required by this chapter to register as an athlete agent who has intentionally not registered under this chapter is a Class B felony.
(b) Except for subdivision (1) of subsection (b) of Section 8-26B-14, the commission of any conduct prohibited in Section 8-26B-14 by an athlete agent who has registered under this chapter is a Class C felony.
(c) The commission of any conduct prohibited in subdivision (1) of subsection (b) of Section 8-26B-14 by an athlete agent who has registered under this chapter is a Class A misdemeanor.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5381,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5265,"codeId":48662,"versionId":40698,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-16","shortTitle":"Section 8-26B-16","catchLine":"Civil Remedy.","title":"Section 8-26B-16 Civil Remedy.","sectionRange":null,"content":"(a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:
(1) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(2) suffers financial damage.
(b) A plaintiff that prevails in an action under this section may recover actual damages, costs, and reasonable attorney’s fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5382,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5266,"codeId":48663,"versionId":40699,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-17","shortTitle":"Section 8-26B-17","catchLine":"Civil Penalty.","title":"Section 8-26B-17 Civil Penalty.","sectionRange":null,"content":"The Secretary of State may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000) for a violation of this chapter.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5383,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5267,"codeId":48664,"versionId":40700,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-18","shortTitle":"Section 8-26B-18","catchLine":"Uniformity of Application and Construction.","title":"Section 8-26B-18 Uniformity of Application and Construction.","sectionRange":null,"content":"In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5384,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5268,"codeId":48665,"versionId":40701,"parentId":48645,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-19","shortTitle":"Section 8-26B-19","catchLine":"Relation to Electronic Signatures in Global and National Commerce Act.","title":"Section 8-26B-19 Relation to Electronic Signatures in Global and National Commerce Act.","sectionRange":null,"content":"This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103 (b) of that act, 15 U.S.C. Section 7003(b).
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5385,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5269,"codeId":48646,"versionId":null,"parentId":48644,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Commission and Disposition of Funds.","title":"Article 2 Commission and Disposition of Funds.","sectionRange":"§8-26B-30 to §8-26B-32","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5386,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5271,"codeId":48667,"versionId":40703,"parentId":48646,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-31","shortTitle":"Section 8-26B-31","catchLine":"Disposition of Funds; Alabama Athlete Agents Fund.","title":"Section 8-26B-31 Disposition of Funds; Alabama Athlete Agents Fund.","sectionRange":null,"content":"(a) All moneys collected for registrations and all fines collected for violations of this chapter shall be paid to the Secretary of State, who shall deposit them in a special fund in the State Treasury for the use of the commission.
(b) There is hereby created in the State Treasury a fund to be known and designated as the Alabama Athlete Agents Fund. All funds, fees, charges, costs, and collections accruing to or collected under the provisions of this chapter shall be deposited into the State Treasury to the credit of the Alabama Athlete Agents Fund.
(c) Funds now or hereafter deposited in the State Treasury to the credit of the Alabama Athlete Agents Fund may not be expended for any purpose whatsoever unless the same shall 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 bill or other appropriation bills.
","history":"(Act 2016-415, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5388,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5272,"codeId":53509,"versionId":46418,"parentId":48646,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-32","shortTitle":"Section 8-26B-32","catchLine":"Oversight and Enforcement of Article 3 and Rules Adopted Thereunder.","title":"Section 8-26B-32 Oversight and Enforcement of Article 3 and Rules Adopted Thereunder.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5389,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5273,"codeId":53496,"versionId":null,"parentId":48644,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Compensation of Student Athletes.","title":"Article 3 Compensation of Student Athletes.","sectionRange":"§8-26B-50 to §8-26B-61","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5390,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5274,"codeId":53497,"versionId":46406,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-50","shortTitle":"Section 8-26B-50","catchLine":"Definitions.","title":"Section 8-26B-50 Definitions.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5391,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5275,"codeId":53498,"versionId":46407,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-51","shortTitle":"Section 8-26B-51","catchLine":"Compensation for Use of Student Athlete’s Name, Image, or Likeness.","title":"Section 8-26B-51 Compensation for Use of Student Athlete’s Name, Image, or Likeness.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5392,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5276,"codeId":53499,"versionId":46408,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-52","shortTitle":"Section 8-26B-52","catchLine":"Professional Representation of Student Athlete.","title":"Section 8-26B-52 Professional Representation of Student Athlete.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5393,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5277,"codeId":53500,"versionId":46409,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-53","shortTitle":"Section 8-26B-53","catchLine":"Revocation or Reduction of Scholarships.","title":"Section 8-26B-53 Revocation or Reduction of Scholarships.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5394,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5278,"codeId":53501,"versionId":46410,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-54","shortTitle":"Section 8-26B-54","catchLine":"Financial Literacy and Life Skills Programming for Student Athletes.","title":"Section 8-26B-54 Financial Literacy and Life Skills Programming for Student Athletes.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5395,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5279,"codeId":53502,"versionId":46411,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-55","shortTitle":"Section 8-26B-55","catchLine":"Alabama Collegiate Athletics Commission.","title":"Section 8-26B-55 Alabama Collegiate Athletics Commission.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5396,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5280,"codeId":53503,"versionId":46412,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-56","shortTitle":"Section 8-26B-56","catchLine":"Permission Required for Use of Name, Image, or Likeness in Conjunction with Registered or Licensed Marks, Logos, Etc.","title":"Section 8-26B-56 Permission Required for Use of Name, Image, or Likeness in Conjunction with Registered or Licensed Marks, Logos, Etc.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5397,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5281,"codeId":53504,"versionId":46413,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-57","shortTitle":"Section 8-26B-57","catchLine":"Inducements Prohibited to Attend, Enroll, Etc., in Specific Postsecondary Educational Institution.","title":"Section 8-26B-57 Inducements Prohibited to Attend, Enroll, Etc., in Specific Postsecondary Educational Institution.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5398,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5282,"codeId":53505,"versionId":46414,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-58","shortTitle":"Section 8-26B-58","catchLine":"No Cause of Action for Prior Acts.","title":"Section 8-26B-58 No Cause of Action for Prior Acts.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5399,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5283,"codeId":53506,"versionId":46415,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-59","shortTitle":"Section 8-26B-59","catchLine":"Employment Status of Student Athlete with a Postsecondary Education Institution.","title":"Section 8-26B-59 Employment Status of Student Athlete with a Postsecondary Education Institution.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5400,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5284,"codeId":53507,"versionId":46416,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-60","shortTitle":"Section 8-26B-60","catchLine":"Applicability to Constitutionally Created Boards of Trustees of Postsecondary Educational Institutions.","title":"Section 8-26B-60 Applicability to Constitutionally Created Boards of Trustees of Postsecondary Educational Institutions.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5401,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5285,"codeId":53508,"versionId":46417,"parentId":53496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-26B-61","shortTitle":"Section 8-26B-61","catchLine":"Violations.","title":"Section 8-26B-61 Violations.","sectionRange":null,"content":"THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Act 2021-227, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5402,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5286,"codeId":24030,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"27","shortTitle":"Chapter 27","catchLine":"Alabama Trade Secrets Act.","title":"Chapter 27 Alabama Trade Secrets Act.","sectionRange":"§8-27-1 to §8-27-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5403,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5287,"codeId":24031,"versionId":19017,"parentId":24030,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-27-1","shortTitle":"Section 8-27-1","catchLine":"Short Title.","title":"Section 8-27-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as the “Alabama Trade Secrets Act.”
","history":"(Acts 1987, No. 87-669, p. 1195, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5404,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5288,"codeId":24032,"versionId":19018,"parentId":24030,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-27-2","shortTitle":"Section 8-27-2","catchLine":"Definitions.","title":"Section 8-27-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) TRADE SECRET. A “trade secret” is information that:
a. Is used or intended for use in a trade or business;
b. Is included or embodied in a formula, pattern, compilation, computer software, drawing, device, method, technique, or process;
c. Is not publicly known and is not generally known in the trade or business of the person asserting that it is a trade secret;
d. Cannot be readily ascertained or derived from publicly available information;
e. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; and
f. Has significant economic value.
(2) IMPROPER MEANS. “Improper means” are means such as:
a. Theft;
b. Bribery;
c. Misrepresentation;
d. Inducement of a breach of confidence;
e. Trespass; or
f. Other deliberate acts taken for the specific purpose of gaining access to the information of another by means such as electronic, photographic, telescopic or other aids to enhance normal human perception, where the trade secret owner reasonably should be able to expect privacy.
(3) PERSON. A “person” is a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
","history":"(Acts 1987, No. 87-669, p. 1195, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5405,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5289,"codeId":24033,"versionId":19019,"parentId":24030,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-27-3","shortTitle":"Section 8-27-3","catchLine":"Misappropriation.","title":"Section 8-27-3 Misappropriation.","sectionRange":null,"content":"A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if:
(1) That person discovered the trade secret by improper means;
(2) That person’s disclosure or use constitutes a breach of confidence reposed in that person by the other;
(3) That person learned the trade secret from a third person, and knew or should have known that (i) the information was a trade secret and (ii) that the trade secret had been appropriated under circumstances which violate the provisions of (1) or (2), above; or
(4) That person learned the information and knew or should have known that it was a trade secret and that its disclosure was made to that person by mistake.
","history":"(Acts 1987, No. 87-669, p. 1195, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5406,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5290,"codeId":24036,"versionId":32891,"parentId":24030,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-27-4","shortTitle":"Section 8-27-4","catchLine":"Remedies for Actual or Threatened Misappropriation; Intentional Remuneration of a Third Party for Misappropriation.","title":"Section 8-27-4 Remedies for Actual or Threatened Misappropriation; Intentional Remuneration of a Third Party for Misappropriation.","sectionRange":null,"content":"(a) The remedies available for actual or threatened misappropriation of a trade secret are:
(1) To the extent that they are not duplicative:
a. Such injunctive and other equitable relief as may be appropriate with respect to any actual or threatened misappropriation of a trade secret,
b. Recovery of any profits and other benefits conferred by the misappropriation that are attributable to the misappropriation (In establishing the misappropriator’s profits, the complainant is required to present proof only of the misappropriator’s gross revenue, and the misappropriator is required to present proof of his or her deductible expenses and the elements of profit attributable to factors other than the trade secret.), and
c. The actual damages suffered as a result of the misappropriation;
(2) Reasonable attorney’s fees to the prevailing party if:
a. A claim of actual or threatened misappropriation is made or resisted in bad faith,
b. A motion to terminate an injunction is made or resisted in bad faith, or
c. Willful and malicious misappropriation exists; and
(3) Exemplary damages in an amount not to exceed the actual award made under subdivision (1), but not less than ten thousand dollars ($10,000), if willful and malicious misappropriation exists.
(b) In addition to the civil damages and penalties provided in subsection (a), a person who intentionally remunerates or recruits a third person for actual or threatened misappropriation of a trade secret and any person who misappropriates a trade secret shall be guilty of a Class C felony. In any criminal prosecution under this subsection against an employer based on misappropriation of a trade secret by its employee, the term intentionally shall mean that the employer remunerated an employee with the intent that the employee would misappropriate the trade secrets of another. The trade secret that was misappropriated shall be clearly identified. Mere acceptance or receipt by an employer of a trade secret of another, by itself, shall be insufficient to prove criminal liability. Each act committed under this subsection shall constitute a separate offense.
","history":"(Acts 1987, No. 87-669, p. 1195, §3; Act 2010-499, p. 781, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5407,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5291,"codeId":24037,"versionId":19021,"parentId":24030,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-27-5","shortTitle":"Section 8-27-5","catchLine":"Statute of Limitation.","title":"Section 8-27-5 Statute of Limitation.","sectionRange":null,"content":"An action for misappropriation must be brought within two years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
","history":"(Acts 1987, No. 87-669, p. 1195, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5408,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5292,"codeId":24038,"versionId":19022,"parentId":24030,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-27-6","shortTitle":"Section 8-27-6","catchLine":"Effect on Other Law.","title":"Section 8-27-6 Effect on Other Law.","sectionRange":null,"content":"Those provisions of this chapter that are inconsistent with the common law of trade secrets supersede the common law; otherwise, this chapter should be construed to be consistent with the common law of trade secrets.
","history":"(Acts 1987, No. 87-669, p. 1195, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5409,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5293,"codeId":24039,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"28","shortTitle":"Chapter 28","catchLine":"Disposal of Molds, Dies or Patterns.","title":"Chapter 28 Disposal of Molds, Dies or Patterns.","sectionRange":"§8-28-1 to §8-28-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5410,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5294,"codeId":24040,"versionId":19023,"parentId":24039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-28-1","shortTitle":"Section 8-28-1","catchLine":"Definitions.","title":"Section 8-28-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words shall have the following meanings respectively ascribed to them, unless the context clearly indicates otherwise:
(1) CUSTOMER. Any person who causes a molder to make a form or to use a form to make a product.
(2) FORM. An object in or around which material is placed to make a mold for pouring plastic or casting metal, and includes a mold, die or pattern.
(3) MOLDER. Any person who makes a form or who uses a form to make a product.
","history":"(Acts 1989, No. 89-537, p. 1125, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5411,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5295,"codeId":24041,"versionId":19024,"parentId":24039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-28-2","shortTitle":"Section 8-28-2","catchLine":"When Molder May Dispose of Form Owned by Customer.","title":"Section 8-28-2 When Molder May Dispose of Form Owned by Customer.","sectionRange":null,"content":"Unless a customer and a molder otherwise agree in writing, a molder may, as provided in Section 8-28-3, dispose of a form owned by a customer if the customer does not take from the molder physical custody of the form within three years after the molder’s last prior use of the form.
","history":"(Acts 1989, No. 89-537, p. 1125, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5412,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5296,"codeId":24043,"versionId":19026,"parentId":24039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-28-3","shortTitle":"Section 8-28-3","catchLine":"Procedure for Disposal; Notice.","title":"Section 8-28-3 Procedure for Disposal; Notice.","sectionRange":null,"content":"A molder who wishes to dispose of a form shall send written notice by registered mail with return receipt requested to the customer’s last-known address and to any address set forth in the agreement under which the molder obtained physical custody of the form. The notice shall state that the molder intends to dispose of the form. The molder may dispose of the form without liability to the customer if, within 120 days after the molder receives the return receipt of the notice or within 120 days after the molder sends notice if no return receipt is received within that period, the customer does not take physical custody of the form or enter into an agreement with the molder for taking possession or physical custody of the form.
","history":"(Acts 1989, No. 89-537, p. 1125, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5413,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5297,"codeId":24044,"versionId":19027,"parentId":24039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-28-4","shortTitle":"Section 8-28-4","catchLine":"Applicability.","title":"Section 8-28-4 Applicability.","sectionRange":null,"content":"This chapter applies to any form, whether it was last used before, on or after May 4, 1989.
","history":"(Acts 1989, No. 89-537, p. 1125, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5414,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5298,"codeId":24046,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"29","shortTitle":"Chapter 29","catchLine":"Timely Payments to Contractors and Subcontractors.","title":"Chapter 29 Timely Payments to Contractors and Subcontractors.","sectionRange":"§8-29-1 to §8-29-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5415,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5299,"codeId":24048,"versionId":19030,"parentId":24046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-29-1","shortTitle":"Section 8-29-1","catchLine":"Definitions.","title":"Section 8-29-1 Definitions.","sectionRange":null,"content":"For the purpose of this chapter, the following words have the following meanings:
(1) CONTRACTOR. Any person, individual, firm, corporation, partnership, or other legal entity who contracts with an owner to improve real property or perform construction services for an owner.
(2) IMPROVE. To build, effect, alter, repair, or demolish any improvements upon, connected with, or on, or beneath the surface of any real property; to excavate, clear, grade, fill, landscape any real property; to construct driveways and roadways; to furnish materials, including trees and shrubbery, for any of these purposes; or to perform any labor upon these improvements.
(3) IMPROVEMENT. All or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways on real property.
(4) OWNER. Any person, individual, firm, corporation, partnership, or other legal entity who has an interest in the real property improved and for whom an improvement is made, who either directly or by agent ordered the improvement to be made.
(5) REAL PROPERTY. The real estate that is improved, including lands, leaseholds, tenements, and improvements placed on the real property.
(6) SUBCONTRACTOR. Any person, individual, firm, corporation, partnership, or other legal entity who has contracted to furnish labor or materials to, or has performed labor or supplied materials for a contractor in connection with a contract to improve real property.
(7) SUB-SUBCONTRACTOR. Any person, individual, firm, corporation, partnership, or other legal entity who has contracted to furnish labor or materials to, or has performed labor or supplied materials for a subcontractor in connection with a contract to improve real property.
","history":"(Acts 1995, No. 95-380, p. 775, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5416,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5300,"codeId":24049,"versionId":19031,"parentId":24046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-29-2","shortTitle":"Section 8-29-2","catchLine":"Performance in Accordance with Contract Entitles Contractor or Subcontractor to Payment.","title":"Section 8-29-2 Performance in Accordance with Contract Entitles Contractor or Subcontractor to Payment.","sectionRange":null,"content":"Performance by a contractor, subcontractor, or sub-subcontractor in accordance with the provisions of his or her contract entitles them to payment from the party with whom they contract. All contracts between parties require a date of payment.
","history":"(Acts 1995, No. 95-380, p. 775, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5417,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5301,"codeId":24051,"versionId":33572,"parentId":24046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-29-3","shortTitle":"Section 8-29-3","catchLine":"Timely Payments to Contractors and Subcontractors; Noncompliance with Chapter; Percentage of Retainage on Payments.","title":"Section 8-29-3 Timely Payments to Contractors and Subcontractors; Noncompliance with Chapter; Percentage of Retainage on Payments.","sectionRange":null,"content":"(a) When a contractor has performed pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials, to the owner or owner’s representative, the owner shall timely pay the contractor by mailing via first class mail or delivering the amount of the pay request or invoice in accordance with the payment terms agreed to by the owner and the contractor, the agreed upon payment terms must be specified in all contract documents, but if payment terms are not agreed to, then within 30 days after receipt of the pay request or invoice.
(b) When a subcontractor has performed pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials to a contractor in sufficient time to allow the contractor to include the application, request, or invoice in his or her own pay request submitted to an owner, the contractor shall timely pay to the subcontractor in accordance with the payment terms agreed to by the contractor and subcontractor, but if payment terms are not agreed to, then within seven days of receipt of payment from owner by mailing via first class mail or delivering the amount received for the subcontractor’s work and materials based on work properly completed or service properly provided under the contract.
(c) When a sub-subcontractor has performed labor or supplied materials for a subcontractor pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials to a subcontractor in sufficient time to allow the subcontractor to include the application, request, or invoice in his or her own pay request submitted to a contractor, the subcontractor shall timely pay the sub-subcontractor in accordance with the payment terms agreed to by the subcontractor and sub-subcontractor but if payment terms are not agreed to, then within seven days of receipt of payment from contractor by mailing via first class mail or delivering the amount received for the sub-subcontractor’s work and materials based on work properly completed or service properly provided under the contract.
(d) If the owner, contractor, or subcontractor does not make payment in compliance with this chapter, the owner, contractor, or subcontractor shall be obligated to pay his or her contractor, subcontractor, or sub-subcontractor interest at the rate of one percent per month (12% per annum) on the unpaid balance due.
(e) A contractor who receives a payment under subsection (a) or otherwise, from an owner in connection with a contract shall pay each of its subcontractors the portion of the owner’s payment to the extent of that subcontractor’s interest in the owner’s payment. The payment shall include interest, if any, that is attributable to work properly performed or materials suitably stored by that subcontractor if payment for stored materials is provided for in the contract. The payment required by this subsection shall be made not later than the seventh day after the date the contractor receives the owner’s payment.
(f) The percentage of retainage on payments by the contractor to the subcontractor shall not exceed the percentage of retainage on payments made by the owner to the contractor. Any percentage of retainage on payments made by contractor to the subcontractor that exceeds the percentage of retainage on payments made by the owner to the contractor shall be subject to interest to be paid by the contractor to the subcontractor at the rate of one percent per month (12% per annum).
(g) The percentage of retainage on payments by the subcontractor to the sub-subcontractor shall not exceed the percentage of retainage on payments made by the contractor to the subcontractor. Retainage on payments made by the subcontractor to the sub-subcontractor that exceeds the percentage of retainage on payments made by the contractor to the subcontractor shall be subject to interest paid at the rate of one percent per month (12% per annum).
(h) For the purposes of this chapter, retainage means that money, or other security as agreed to by the parties to a construction contract, earned by the contractor, subcontractor or lower tier sub-subcontractor, or supplier for work properly performed or materials suitably stored if payment for stored materials is provided for in the contract, which has been retained by the owner conditioned on final completion and acceptance of all work in connection with a project or projects by the contractor, subcontractor or lower tier sub-subcontractor, or supplier.
(i) A construction contract on any project in this state may provide for the owner’s withholding of retainage from payments to its contractor for work performed by that contractor on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If an owner withholds an amount greater than that allowed by this subsection, the owner shall be liable to the contractor for interest accruing on the excess amount withheld at the rate of one percent per month. Nothing herein is intended to limit or alter the paying party’s right to withhold or not approve payment on grounds set forth in the parties’ contract or the grounds set forth in Section 8-29-4 or otherwise for work not properly performed or payment not earned; rather, this section is intended only to establish a maximum amount of retainage, establish the timing for release of retainage, and provide for the payment of interest for improperly held retainage.
(j) A construction contract on any project in this state may provide for the contractor’s withholding of retainage from payments to its subcontractors for work performed by the subcontractors on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If a contractor withholds an amount greater than that allowed by this subsection, the contractor shall be liable to the subcontractor for interest accruing on the excess amount withheld at the rate of one percent per month.
(k) A construction contract on any project in this state may provide for the subcontractor’s withholding of retainage from payments to its sub-subcontractors or material suppliers for work performed by such sub-subcontractors or material suppliers on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If a subcontractor withholds an amount greater than that allowed by this subsection, the subcontractor shall be liable to the sub-subcontractor or material supplier for interest accruing on the excess amount withheld at the rate of one percent per month.
(l)(1) The owner shall release and pay retainage to the contractor for work completed on any construction contract no later than 60 days after the completion of the contractor’s work defined in its contract with the owner, or no later than 60 days after substantial completion of the project, whichever occurs first, and in both events, with all necessary certificates of occupancy having been issued. The contractor shall release and pay retainage to its subcontractors for work completed pursuant to the terms of this chapter.
(2) For the purposes of this subsection, substantial completion means the stage in the progress of the project when the project or designated portion thereof is sufficiently complete in accordance with the contract documents with all necessary certificates of occupancy having been issued so that the owner may occupy or utilize the project for its intended purpose.
(m) The provisions of subsections (h) through (l) shall not apply to any construction project for or by an electric utility regulated by the Public Service Commission.
(n) Nothing herein limits or alters the paying party’s right to withhold or not approve payment on grounds set forth in the party’s contract or the grounds set forth in Section 8-29-4 or otherwise for work not properly performed or payment not earned; rather, this section is intended only to establish a maximum amount of retainage, establish the timing for release of retainage, and provide for the payment of interest for improperly held retainage. Also, the paying party may condition payment on the receipt of a full release of any lien of the contractor, subcontractor, or sub-subcontractor for the amount of work being paid.
(o) All loans and loan proceeds related to a construction project, and the disbursement and use thereof, are governed solely by the terms of the documents evidencing and securing the loan, and contractors, subcontractors, and sub-subcontractors have no lien or rights in any such loan, loan proceeds, or the disbursement or use thereof.
","history":"(Acts 1995, No. 95-380, p. 775, §3; Act 2011-647, p. 1646, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5418,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5302,"codeId":24053,"versionId":19034,"parentId":24046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-29-4","shortTitle":"Section 8-29-4","catchLine":"Withholding Application and Certification for Payment; Withholding Payment; Notice.","title":"Section 8-29-4 Withholding Application and Certification for Payment; Withholding Payment; Notice.","sectionRange":null,"content":"(a) Nothing in this chapter shall prevent the owner, contractor, or subcontractor from withholding application and certification for payment for any of the following reasons if there is a bona fide dispute over one or more of the following:
(1) Unsatisfactory job progress.
(2) Defective construction not remedied.
(3) Disputed work.
(4) Third party claims filed or reasonable evidence that a claim will be filed.
(5) Failure of the contractor, subcontractor, or sub-subcontractor to make timely payments for labor, equipment, and materials.
(6) Property damage to owner, contractor, or subcontractor.
(7) Reasonable evidence that the contract, subcontract, or sub-subcontract cannot be completed for the unpaid balance of the contract or contract sum.
(b) In the event that there is a bona fide dispute over all or any portion of the amount due on a progress payment from the owner, contractor, or subcontractor then the owner, contractor, or subcontractor may withhold payment in an amount not to exceed 2 times the disputed amount.
(c) An owner is required to notify a contractor in writing within 15 days of receipt of any disputed request for payment. A contractor, subcontractor and sub-subcontractor is required to provide written notification within 5 days of disputed request for payment or notice of disputed request for payment.
","history":"(Acts 1995, No. 95-380, p. 775, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5419,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5303,"codeId":24055,"versionId":19035,"parentId":24046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-29-5","shortTitle":"Section 8-29-5","catchLine":"Waiver of Right to Receive Interest.","title":"Section 8-29-5 Waiver of Right to Receive Interest.","sectionRange":null,"content":"A party may not waive the right to receive interest before a payment is due under a contract subject to this section. A party may waive the interest due on any late payment on or after the date the payment is due under Section 8-29-3.
","history":"(Acts 1995, No. 95-380, p. 775, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5420,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5304,"codeId":24057,"versionId":19036,"parentId":24046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-29-6","shortTitle":"Section 8-29-6","catchLine":"Civil Action.","title":"Section 8-29-6 Civil Action.","sectionRange":null,"content":"A contractor, subcontractor, or sub-subcontractor may file a civil action solely against the party contractually obligated for the payment of the amount claimed to recover the amount due plus the interest accrued in accordance with this chapter. If the court finds in the civil action that the owner, contractor, or subcontractor has not made payment in compliance with this chapter, the court shall award the interest specified in this chapter in addition to the amount due. In any such civil action, the party in whose favor a judgement is rendered shall be entitled to recover payment of reasonable attorneys’ fees, court costs and reasonable expenses from the other party.
","history":"(Acts 1995, No. 95-380, p. 775, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5421,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5305,"codeId":24058,"versionId":19038,"parentId":24046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-29-7","shortTitle":"Section 8-29-7","catchLine":"Exemptions from Chapter.","title":"Section 8-29-7 Exemptions from Chapter.","sectionRange":null,"content":"This chapter does not apply to the following:
(1) Residential homebuilders.
(2) Improvements to real property intended for residential purposes which consist of 16 or fewer residential units.
(3) Contracts, subcontracts, or sub-subcontracts in the amount of ten thousand dollars ($10,000) or less.
(4) Contracts with the state or local governments of the State of Alabama.
","history":"(Acts 1995, No. 95-380, p. 775, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5422,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5306,"codeId":24060,"versionId":19040,"parentId":24046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-29-8","shortTitle":"Section 8-29-8","catchLine":"No Amendment of Existing Laws; Not Applicable in Certain Civil Actions.","title":"Section 8-29-8 No Amendment of Existing Laws; Not Applicable in Certain Civil Actions.","sectionRange":null,"content":"This chapter does not amend or modify existing laws relating to mechanics and materialmen liens and shall not be applicable in civil actions pursuant to Title 35, Chapter 11, Division 8.
","history":"(Acts 1995, No. 95-380, p. 775, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5423,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5307,"codeId":24062,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"30","shortTitle":"Chapter 30","catchLine":"Burial Services, Merchandise, and Property.","title":"Chapter 30 Burial Services, Merchandise, and Property.","sectionRange":"§8-30-1 to §8-30-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5424,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5308,"codeId":24064,"versionId":19042,"parentId":24062,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-30-1","shortTitle":"Section 8-30-1","catchLine":"Definitions.","title":"Section 8-30-1 Definitions.","sectionRange":null,"content":"The following terms shall have the following meanings:
(1) BURIAL MERCHANDISE. Any merchandise normally offered or sold by a cemetery for use in connection with the interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, mausoleums, markers, and monuments, whether bronze or otherwise, bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed, and vaults, and also includes foundations or footings of any type.
(2) BURIAL RIGHT. The right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains.
(3) BURIAL SERVICE. Any service offered by a cemetery in connection with the interment, entombment, or inurnment of human remains as described in subdivision (1) of this section.
(4) CEMETERY. Any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments, or a mausoleum for vault or crypt interments, or a combination of one or more thereof. The term shall not include governmentally owned cemeteries, fraternal cemeteries, church and synagogue cemeteries, or family burial plots.
(5) CEMETERY COMPANY. An individual, partnership, corporation, or association now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery.
(6) PERSON. An individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.
(7) SALE or SELL. Every contract of sale or disposition of cemetery property, burial right, burial lot, burial services, or burial merchandise for value. The term “offer to sell,” “offer for sale,” or “offer” shall include any attempt or offer to dispose of, or solicitation of an offer to buy, cemetery property, burial lots, burial rights, burial services, or burial merchandise for value. This definition shall not include wholesalers of burial merchandise.
(8) SALESPERSON. An individual employed or appointed or authorized by a cemetery or cemetery company to sell cemetery property, burial lots, burial rights, burial services, or any other right or thing of value in connection with the interment of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of the property, lots, rights, merchandise, or services.
","history":"(Acts 1995, No. 95-760, p. 1783, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5425,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5309,"codeId":24065,"versionId":19043,"parentId":24062,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-30-2","shortTitle":"Section 8-30-2","catchLine":"Schedule of Charges for Burial Services and Merchandise.","title":"Section 8-30-2 Schedule of Charges for Burial Services and Merchandise.","sectionRange":null,"content":"Every cemetery organized under the laws of this state shall have a full and complete schedule of all charges for burial services and burial merchandise provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery.
","history":"(Acts 1995, No. 95-760, p. 1783, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5426,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5310,"codeId":24067,"versionId":19045,"parentId":24062,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-30-3","shortTitle":"Section 8-30-3","catchLine":"Prohibited Actions.","title":"Section 8-30-3 Prohibited Actions.","sectionRange":null,"content":"It shall be unlawful for any cemetery:
(1) To sell or offer to sell any cemetery property, burial lot, burial rights, burial services, or burial merchandise by means of any oral or written untrue statement of a material fact or any omission of a material fact.
(2) In connection with the offer, sale, or purchase of any cemetery property, burial lot, burial rights, burial services, or burial merchandise, directly or indirectly:
a. To employ any device, scheme, or artifice to defraud.
b. To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
(3) To sell or offer to sell any cemetery property, burial lot, burial rights, burial services, or burial merchandise by means of any oral or written contract at a price that is above the posted amount.
","history":"(Acts 1995, No. 95-760, p. 1783, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5427,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5311,"codeId":24069,"versionId":19047,"parentId":24062,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-30-4","shortTitle":"Section 8-30-4","catchLine":"Penalty for Violation of Chapter.","title":"Section 8-30-4 Penalty for Violation of Chapter.","sectionRange":null,"content":"Any person who violates this chapter is guilty of a Class A misdemeanor.
","history":"(Acts 1995, No. 95-760, p. 1783, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5428,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5312,"codeId":24071,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"31","shortTitle":"Chapter 31","catchLine":"Alabama Unconscionable Pricing Act.","title":"Chapter 31 Alabama Unconscionable Pricing Act.","sectionRange":"§8-31-1 to §8-31-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5429,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5313,"codeId":24072,"versionId":19049,"parentId":24071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-31-1","shortTitle":"Section 8-31-1","catchLine":"Short Title.","title":"Section 8-31-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the “Alabama Unconscionable Pricing Act.”
","history":"(Acts 1996, No. 96-171, p. 195, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5430,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5314,"codeId":24073,"versionId":25822,"parentId":24071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-31-2","shortTitle":"Section 8-31-2","catchLine":"Definitions.","title":"Section 8-31-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words and phrases have the following meanings unless a different meaning is required by the context:
(1) COMMODITY. Any goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, all services offered or provided or work performed or offered to be performed as an occupation or business to consumers and food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency.
(2) PERSON. Shall include, but not be limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.
(3) RENTAL FACILITY. Shall include, but not be limited to, any hotel, motel, boarding house, dwelling house, and self storage facility offered for rent or lease.
","history":"(Acts 1996, No. 96-171, p. 195, §2; Act 2003-336, p. 843, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5431,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5316,"codeId":24077,"versionId":49468,"parentId":24071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-31-4","shortTitle":"Section 8-31-4","catchLine":"Determination of Unconscionable Price During a State of Emergency.","title":"Section 8-31-4 Determination of Unconscionable Price During a State of Emergency.","sectionRange":null,"content":"It is prima facie evidence that a price is unconscionable if any person, during a state of emergency declared pursuant to the powers granted to the Governor in Section 31-9-8, charges a price that exceeds, by an amount equal to or in excess of 25 percent the average price at which the same or similar commodity or rental facility was obtainable in the affected area during the last 30 days immediately prior to the declared state of emergency and the increase in the price charged is not attributable to reasonable costs incurred in connection with the rental or sale of the commodity. For purposes of this section, the term “affected area” means any area specified as an affected area in a proclamation by the Governor or a joint resolution by the Legislature issued pursuant to Section 31-9-8(a).
","history":"(Acts 1996, No. 96-171, p. 195, §4; Act 2001-1104, 4th Sp. Sess., p. 1168, §1; Act 2003-336, p. 843, §1; Act 2023-122, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5433,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5317,"codeId":24079,"versionId":19054,"parentId":24071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-31-5","shortTitle":"Section 8-31-5","catchLine":"Penalties for Violation of Chapter; Penalties Collected Remitted to State Treasurer; Suspension or Revocation of License or Certificate.","title":"Section 8-31-5 Penalties for Violation of Chapter; Penalties Collected Remitted to State Treasurer; Suspension or Revocation of License or Certificate.","sectionRange":null,"content":"(a) Upon an entry of judgement or decree for a violation of this chapter, the court shall impose a civil penalty not to exceed one thousand dollars ($1,000) per violation with an aggregate total not to exceed twenty-five thousand dollars ($25,000) for any 24-hour period.
(b) All penalties collected under this chapter shall be remitted by the circuit court to the State Treasurer and shall be credited to the account of either the office of the Attorney General or the office of the district attorney whichever initiated the action resulting in the imposition of such penalties.
(c) Upon a showing to the court by the office of the Attorney General or the office of the district attorney that a person has engaged in continuous and willful violations of this chapter, the court may suspend or revoke any license or certificate authorizing that person to engage in business in this state or the court may enjoin any person from engaging in business in this state.
","history":"(Acts 1996, No. 96-171, p. 195, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5434,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5318,"codeId":24082,"versionId":19056,"parentId":24071,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-31-6","shortTitle":"Section 8-31-6","catchLine":"Private Cause of Action Not Created.","title":"Section 8-31-6 Private Cause of Action Not Created.","sectionRange":null,"content":"Nothing in this chapter creates a private cause of action in favor of any person damaged by a violation of this chapter.
","history":"(Acts 1996, No. 96-171, p. 195, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5435,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5319,"codeId":24084,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"32","shortTitle":"Chapter 32","catchLine":"Service Contracts.","title":"Chapter 32 Service Contracts.","sectionRange":"§8-32-1 to §8-32-13","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5436,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5320,"codeId":24085,"versionId":19059,"parentId":24084,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"8-32-1","shortTitle":"Section 8-32-1","catchLine":"Purpose. (Amended by Act 2026-395)","title":"Section 8-32-1 Purpose. (Amended by Act 2026-395)","sectionRange":null,"content":"AMENDED BY ACT 2026-395, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The purpose of this chapter is to create a framework to regulate service contracts sold to consumers in this state.
(b) The following are exempt from Sections 8-32-2 to 8-32-12, inclusive, of this chapter:
(1) Warranties.
(2) Maintenance agreements.
(3) Warranties, service contracts, or maintenance agreements offered by electric, gas, water, or telephone utilities on their transmission devices.
(4) Service contracts sold or offered for sale in commercial transactions.
(5) Service contracts sold or offered for sale to persons other than consumers.
(6) Service contracts sold at the point of sale, or within 60 days of the original purchase date of the property, which cover tangible property where the tangible property for which the service contract is sold, has a purchase price of two hundred and fifty dollars ($250) or less, exclusive of sales tax.
(c) Manufacturer’s service contracts on the manufacturer’s products and service contracts sold or offered for sale by Alabama electric cooperatives, and their subsidiaries and affiliates, including without limitation, affiliates managed or controlled by electric cooperatives, are required to comply only with Section 8-32-3(a), Section 8-32-3(g), Section 8-32-5(a), Section 8-32-5(d) to (n), inclusive, Section 8-32-6, Section 8-32-10(a), and Section 8-32-10(c) to (f), inclusive, as applicable, of this chapter.
(d) The types of agreements referred to in subsections (b) and (c) are not insurance for any purpose including, without limitation, compliance with the Alabama Insurance Code.
","history":"(Acts 1997, No. 97-445, p. 753, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5437,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5321,"codeId":24087,"versionId":40243,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-2","shortTitle":"Section 8-32-2","catchLine":"Definitions.","title":"Section 8-32-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings:
(1) ADMINISTRATOR. The person designated by a provider to be responsible for the administration of service contracts or the service contracts plan or to make the filings required by this chapter.
(2) COMMISSIONER. The Commissioner of Insurance of this state.
(3) CONSUMER. A natural person who buys, primarily for personal, family, or household purposes, and not for resale, any tangible personal property normally used for personal, family, or household purposes and not for commercial or research purposes.
(4) MAINTENANCE AGREEMENT. A contract of limited duration that provides for scheduled maintenance only.
(5) MANUFACTURER. A person that is one of the following:
a. A manufacturer or producer of property that sells the property under its own name or label.
b. A subsidiary of the person who manufactures or produces the property.
c. A corporation which owns at least 80 percent of the person who manufactures or produces the property.
d. A person who manufactures or produces the property even though the property is sold under the trade name or label of another person.
(6) MECHANICAL BREAKDOWN INSURANCE. For purposes of this chapter, a policy, contract, or agreement issued by an authorized insurance company directly to a consumer or other owner of property that provides for, among other coverages, the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure of the property due to a defect in materials or workmanship or due to normal wear and tear.
(7) NON-ORIGINAL MANUFACTURER’S PARTS. Replacement parts not made for or by the original manufacturer of the property, commonly referred to as “after market parts.”
(8) PERSON. An individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any other entity, or combination of persons acting in concert.
(9) PREMIUM. The consideration paid to an insurer for a reimbursement insurance policy.
(10) PROVIDER. A person who administers, makes, provides, sells, or offers to sell a service contract, who is contractually obligated to provide service under a service contract.
(11) PROVIDER FEE. The total purchase price paid for a service contract. In cases where a reimbursement insurance policy is issued to a provider, the “provider fee” is the total purchase price paid for a service contract net of the premium.
(12) REIMBURSEMENT INSURANCE POLICY. A policy of insurance issued to a provider pursuant to which the insurer agrees, for the benefit of the service contract holders, to discharge the obligations of the provider under the terms of the service contracts in the event of non-performance by the provider.
(13) ROAD HAZARD. A hazard that is encountered while driving a motor vehicle, including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps.
(14) SERVICE CONTRACT. A contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials or workmanship, or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, towing, rental, and emergency road service. Service contracts may provide for the repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling. “Service contract” does not include warranties, mechanical breakdown insurance, or maintenance agreements. A service contract is not insurance for any purpose, including, but not limited to, compliance with the Alabama Insurance Code, other than for the purpose of a service contract holder’s claim against a service contract provider for failure to comply with the provisions of the service contract if so provided by other law. Service contract services include, but are not limited to, the following:
a. The repair or replacement of tires or wheels, or both, on a motor vehicle damaged as a result of coming into contact with a road hazard.
b. The removal of dents, dings, or creases on a motor vehicle that may be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting.
c. The repair of chips or cracks in or the replacement of a motor vehicle windshield as a result of damage caused by a road hazard that is primary to the coverage offered by the motor vehicle owner’s motor vehicle insurance policy.
d. The replacement of a motor vehicle key or key-fob if the key or key-fob becomes inoperable, lost, or stolen.
e. Other services which may be approved by the commissioner, if not inconsistent with this chapter.
(15) SERVICE CONTRACT HOLDER or CONTRACT HOLDER. A person who is the purchaser or holder of a service contract.
(16) WARRANTY. A warranty made by the manufacturer, importer, distributor, or seller of property or services without consideration stated separately from the price of the property or services sold, that is not negotiated separate from the sale of the product and is incidental to the sale of the product, that guarantees repair or replacement, or indemnity for repair or replacement, for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services.
","history":"(Acts 1997, No. 97-445, p. 753, §2; Act 2016-101, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5439,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5322,"codeId":24089,"versionId":19062,"parentId":24084,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"8-32-3","shortTitle":"Section 8-32-3","catchLine":"Requirements for Selling or Offering to Sell Service Contracts. (Amended by Act 2026-395)","title":"Section 8-32-3 Requirements for Selling or Offering to Sell Service Contracts. (Amended by Act 2026-395)","sectionRange":null,"content":"AMENDED BY ACT 2026-395, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Either the provider or its designee shall:
(1) Provide a receipt for, or other written evidence of, the purchase of the service contract to the contract holder.
(2) Provide a copy of the service contract to the service contract holder within a reasonable period of time from the date of purchase.
(b) A provider may, but is not required to, appoint an administrator or other designee to be responsible for any or all of the administration of service contracts and compliance with this chapter.
(c) Each provider of service contracts sold in this state shall file a registration with the commissioner on a form prescribed by the commissioner. Each provider shall pay to the commissioner a fee in the amount of two hundred dollars ($200) annually. All fees collected shall be paid into a special revolving fund to be set up by the State Treasurer referred to as the “Service Contract Revolving Fund.” The Service Contract Revolving Fund shall be used in the supervision and examination of providers and otherwise in the administration of this chapter; provided however, that nothing in this section shall be construed to mean that all of the expenses of supervision and examination of providers and in the administration of this chapter incurred by the State Insurance Department shall come from the Service Contract Revolving Fund.
(d) All funds now or hereafter deposited in the State Treasury to the credit of the Service Contract Revolving Fund shall not be expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill, other appropriations bills or this chapter.
(e) There is hereby appropriated for the fiscal year ending September 30, 1998, from the Service Contract Revolving Fund to the State Department of Insurance those amounts as deemed necessary to carry out the provisions of this chapter as determined by the Commissioner of Insurance.
(f) In order to assure the faithful performance of a provider’s obligations to its service contract holders, each provider shall be responsible for complying with the requirements of one of the following subdivisions:
(1) Insure all service contracts under a reimbursement insurance policy issued by an insurer authorized to transact insurance in this state or issued pursuant to Chapter 10, Title 27.
(2) Do both of the following:
a. Maintain a funded reserve account for its obligations under its service contracts sold and outstanding in this state. The reserves shall be based on the loss experience of the provider as certified by an actuary or, at the election of the provider, the reserves shall be 30 percent of the aggregate provider fees for all service contracts sold and then in force. The reserve account shall be subject to examination and review by the commissioner.
b. Place in trust with the commissioner a financial security deposit, having a value of not less than five percent of the aggregate provider fees, less claims paid, for all service contracts sold and then in force, but not less than twenty-five thousand dollars ($25,000) consisting of one of the following:
(i) A surety bond issued by an authorized surety.
(ii) Securities of the type eligible for deposit by authorized insurers in this state.
(iii) Cash.
(iv) A letter of credit issued by a qualified financial institution.
(v) Another form of security prescribed by regulations issued by the commissioner.
(3) Do both of the following:
a. Maintain a net worth or stockholders’ equity of one hundred million dollars ($100,000,000).
b. Upon request, provide the commissioner with a copy of the financial statement of the provider included in its most recent annual report on Form 10-K or Form 20-F filed with the Securities and Exchange Commission (SEC) within the last calendar year, or if the provider does not file with the SEC, a copy of the audited financial statements of the provider, which shows a net worth of the provider of at least one hundred million dollars ($100,000,000). A consolidated Form 10-K, Form 20-F or audited financial statements shall meet the requirements of this chapter for the provider if it shows a net worth or stockholders’ equity of the provider of at least one hundred million dollars ($100,000,000) and there shall be no requirement of a parent company guarantee, reimbursement insurance, or other form of financial stability requirement. However, if the Form 10-K, Form 20-F or audited financial statements of the parent company of the provider are filed to meet the provider’s financial stability requirement because the provider’s net worth or stockholders’ equity of the provider is not at least one hundred million dollars ($100,000,000), or because the net worth or stockholders’ equity is not determinable from the consolidated Form 10-K, Form 20-F or audited financial statements of the parent company, then the parent company shall agree to guarantee the obligations of the provider relating to service contracts sold by the provider in this state.
(g) Service contracts shall require the provider to permit the service contract holder to return the service contract within no less than 20 days of the date the service contract was mailed to the service contract holder or within no less than 10 days of delivery if the service contract is delivered to the service contract holder at the time of sale. Upon return of the service contract to the provider within the applicable time period, if no claim has been made under the service contract prior to its return to the provider, the service contract is void and the provider shall refund to the service contract holder the full purchase price of the service contract including any premium paid for any applicable reimbursement insurance policy. Any refund due a service contract holder may be credited to any outstanding balance of the account of the service contract holder, and the excess, if any, shall be refunded to the service contract holder. The right to void the service contract provided in this subsection (g) is not transferable and shall apply only to the original service contract purchaser, and only if no claim has been made prior to its return to the provider. A 10 percent penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the service contract to the provider.
(h) In the event the original service contract holder makes a written demand for cancellation of a service contract pursuant to the terms of the service contract, the provider shall refund to the service contract holder the unearned portion of the full purchase price of the service contract including the unearned portion of any premium paid for any applicable reimbursement insurance policy. Any refund due a service contract holder may be credited to any outstanding balance of the account of the service contract holder, and the excess, if any, shall be refunded to the service contract holder. If the original contract purchaser or a contract holder elects cancellation, the provider may retain an administrative fee of up to twenty-five dollars ($25) for issuance of the service contract if such fee is provided for in the service contract; however, this amount may not be deducted in the event the service contract is terminated pursuant to the provisions of subsection (g).
(i)(1) Provider fees are not subject to premium taxes.
(2) Premiums for reimbursement insurance policies are subject to applicable taxes.
(j) Except for the registration requirement in subsection (c), providers, administrators, and other persons marketing, selling, or offering to sell service contracts for providers are exempt from any licensing requirements of this state.
(k) Providers are not required to comply with any provision of Title 27.
","history":"(Acts 1997, No. 97-445, p. 753, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5440,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5323,"codeId":24091,"versionId":19064,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-4","shortTitle":"Section 8-32-4","catchLine":"Required Provisions, Reimbursement Insurance Policy.","title":"Section 8-32-4 Required Provisions, Reimbursement Insurance Policy.","sectionRange":null,"content":"Reimbursement insurance policies insuring service contracts sold in this state shall provide that, upon failure of the provider to perform under the service contract, including, without limitation, failure to refund or credit the unearned portion of the purchase price of the service contract to the extent required by this chapter, the insurer that issued the reimbursement insurance policy shall pay on behalf of the provider any sums the provider is legally obligated to pay to a service contract holder, or shall provide the service which the provider is legally obligated to perform, according to the provider’s contractual obligations under the service contracts sold by the provider. The reimbursement insurance company shall be responsible to refund only the unearned premium net of the unearned provider fee, and the provider shall be responsible for refunding or crediting the unearned provider fee in excess of the unearned premium. If the provider fails to refund or credit any portion of the unearned provider fee required to be refunded or credited by this chapter, the reimbursement insurance company shall be responsible for the entire refund of the unearned premium and unearned provider fee. The amount of the reserve relative to the unearned provider fee to be maintained by the reimbursement insurance company shall be based on the loss experience of the reimbursement insurance company as certified by an actuary.
","history":"(Acts 1997, No. 97-445, p. 753, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5442,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5324,"codeId":24093,"versionId":19066,"parentId":24084,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"8-32-5","shortTitle":"Section 8-32-5","catchLine":"Required Provisions, Service Contracts.","title":"Section 8-32-5 Required Provisions, Service Contracts.","sectionRange":null,"content":"(a) Service contracts sold or offered for sale in this state, in their entirety, shall be written, printed, or typed in eight point type size, or larger, and shall comply with the requirements set forth in this section, as applicable.
(b) Service contracts insured under a reimbursement insurance policy pursuant to subdivision (1) of subsection (f) of Section 8-32-3 shall contain a statement in substantially the following form:
“Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy.”
If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the reimbursement insurance company. The service contract shall state the name and address of the reimbursement insurance company.
(c) Service contracts not insured under a reimbursement insurance policy pursuant to subdivision (1) of subsection (f) of Section 8-32-3 shall contain a statement in substantially the following form:
“Obligations of the provider under this service contract are backed by the full faith and credit of the provider.”
(d) Service contracts shall state the name and address of the provider, and shall identify any administrator, the service contract seller, and the service contract holder to the extent that the name and address of the service contract holder has been furnished by the service contract holder. Neither the name of the service contract seller nor other provisions are required to be preprinted on the service contract and may be added to the service contract at the time of sale.
(e) Service contracts shall state the purchase price of the service contract, the term of the service contract and any applicable renewal provisions. Neither the purchase price nor any other provisions are required to be pre-printed on the service contract and may be negotiated at the time of sale with the service contract holder.
(f) If the provider will reimburse the contract holder for repair work performed by third parties and if prior approval of repair work is required, (i) the service contract shall state the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and (ii) if the service contract provides services essential to public health, safety, or welfare, the service contract shall either provide for 24-hour telephone assistance, or state the procedure for obtaining emergency repairs performed outside of normal business hours.
(g) Service contracts shall state the existence of any deductible amount.
(h) Service contracts shall describe the property upon which the services are to be provided, the services to be provided and any limitations, exceptions, or exclusions to the services to be provided.
(i) Service contracts shall state whether the use of non-original manufacturer’s parts is allowed.
(j) Service contracts shall state any restrictions governing the transferability of the service contract.
(k) Service contracts shall state the terms, restrictions, or conditions governing cancellation of the service contract prior to the termination or expiration date of the service contract by either the provider or by the service contract holder. The provider of the service contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the provider at least five days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by the service contract holder to the provider relating to the covered property or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation.
(l) Service contracts shall set forth the obligations and duties of the service contract holder relating to the property covered by the service contract.
(m) Service contracts shall state whether or not the service contract provides for or excludes consequential damages or preexisting conditions, to the extent applicable.
(n) Service contracts may contain other provisions as determined by the provider.
","history":"(Acts 1997, No. 97-445, p. 753, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5443,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5325,"codeId":24094,"versionId":19067,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-6","shortTitle":"Section 8-32-6","catchLine":"Prohibited Acts.","title":"Section 8-32-6 Prohibited Acts.","sectionRange":null,"content":"(a) A provider shall not use in its name the words insurance, casualty, surety, mutual, or any other words descriptive of the insurance, casualty, or surety business; or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word “guaranty” or similar word may be used by a provider. This section shall not apply to a company that was using any of the prohibited language in its name prior to August 1, 1997. However, a company using the prohibited language in its name shall include in its service contracts a statement in substantially the following form: “This agreement is not an insurance contract.”
(b) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller of any product, shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.
","history":"(Acts 1997, No. 97-445, p. 753, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5445,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5326,"codeId":24096,"versionId":19068,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-7","shortTitle":"Section 8-32-7","catchLine":"Record Keeping Requirements.","title":"Section 8-32-7 Record Keeping Requirements.","sectionRange":null,"content":"(a)(1) The provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(2) The provider’s accounts, books, and records shall include the following:
a. Copies of each type of service contract sold.
b. The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder.
c. A list of the locations where service contracts are marketed, sold, or offered for sale.
d. Recorded claims files which shall contain at least the dates, amounts, and description of all receipts, claims, and expenditures related to the service contracts.
(3) The provider shall retain all records required to be maintained by this subsection (a) for at least three years after the specified period of coverage has expired.
(4) The records required under this chapter may be, but are not required to be, maintained on a computer disk or other record keeping technology. If the records are maintained in other than hard copy, the records shall be capable of duplication to legible hard copy at the request of the commissioner.
(b) A provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service contract holders in this state.
","history":"(Acts 1997, No. 97-445, p. 753, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5446,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5327,"codeId":24098,"versionId":19070,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-8","shortTitle":"Section 8-32-8","catchLine":"Cancellation of Reimbursement Insurance Policy.","title":"Section 8-32-8 Cancellation of Reimbursement Insurance Policy.","sectionRange":null,"content":"To the extent applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with Chapter 40 of Title 27 has been mailed or delivered to the commissioner. The termination of a reimbursement insurance policy shall not reduce the issuer’s responsibility for service contracts sold by providers which it insured prior to the date of the termination.
","history":"(Acts 1997, No. 97-445, p. 753, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5447,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5328,"codeId":24100,"versionId":19071,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-9","shortTitle":"Section 8-32-9","catchLine":"Obligation of Reimbursement Insurance Policy Insurers.","title":"Section 8-32-9 Obligation of Reimbursement Insurance Policy Insurers.","sectionRange":null,"content":"(a) Where reimbursement insurance is applicable, providers are considered to be the agent of the insurer which issued the reimbursement insurance policy solely for purposes of obligating the insurers to service contract holders in accordance with the service contract and this chapter. In cases where a provider is acting as an administrator and enlists other providers, the provider acting as the administrator shall notify the insurer of the existence and identities of the other providers.
(b) This chapter shall not prevent or limit the right of an insurer which issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the insurer pays or is obligated to pay the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract.
","history":"(Acts 1997, No. 97-445, p. 753, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5448,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5329,"codeId":24101,"versionId":19072,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-10","shortTitle":"Section 8-32-10","catchLine":"Enforcement Provisions.","title":"Section 8-32-10 Enforcement Provisions.","sectionRange":null,"content":"(a) The commissioner may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce this chapter and protect service contract holders in this state. Upon request of the commissioner, the provider shall make all accounts, books, and records concerning service contracts sold in this state by the provider available to the commissioner which are necessary to enable the commissioner to reasonably determine compliance or noncompliance with this chapter.
(b) Providers, administrators, or insurers being examined shall pay to the commissioner the travel expense to and from such examination, a living expense allowance at reasonable rates customary for the examination in the state where the examination takes place and as established or adopted by regulation of the commissioner, and the compensation of the examiners making the examination, upon presentation by the commissioner of a detailed account of the allowances and expenses. The account may be presented periodically during the course of the examination or at the termination of the examination, as the commissioner deems proper. All payments collected by the commissioner shall be paid into the special fund provided by Section 8-32-3(c) and used to pay the cost of the examination of providers.
(c) The commissioner may take action which is necessary or appropriate to enforce this chapter and the commissioner’s regulations and orders, and to protect service contract holders in this state.
(d) If a provider has violated this chapter or the commissioner’s regulations or orders, the commissioner may issue an order directed to that provider (i) to cease and desist from committing violations of this chapter or the commissioner’s regulations or orders; (ii) prohibiting that provider from selling or offering for sale service contracts in violation of this chapter; or (iii) imposing a civil penalty on that provider; or (iv) any combination of the foregoing, as applicable.
(1) A person aggrieved by an order issued under this subsection (d) may request a hearing before the commissioner. The hearing request shall be filed with the commissioner within 20 days of the date the commissioner’s order is effective.
(2) If a hearing is requested, pending the hearing and the decision by the commissioner, the effective date of the order automatically shall be suspended until completion of the hearing and final decision of the commissioner.
(3) At the hearing, the burden shall be on the commissioner to show why the order issued pursuant to this subsection is justified. The provisions of Sections 27-2-30, 27-2-31, and 27-2-32 shall apply to a hearing requested under this subsection (d).
(e) The commissioner may bring an action in the Circuit Court of Montgomery County, Alabama, for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the commissioner’s orders or regulations. An action filed under this section also may seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or regulations of the commissioner.
(f) A person who is found to have violated this chapter may be ordered to pay to the commissioner a civil penalty in an amount determined by the commissioner of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of a similar nature. For purposes of this section, violations shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the act, conduct, or practice which is determined to be a violation of this chapter occurred. All civil penalties collected shall be paid into the special fund provided by Section 8-32-3(c) and used in the supervision and examination of providers and otherwise in the administration of this chapter.
","history":"(Acts 1997, No. 97-445, p. 753, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5449,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5330,"codeId":24102,"versionId":19073,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-11","shortTitle":"Section 8-32-11","catchLine":"Rules and Regulations.","title":"Section 8-32-11 Rules and Regulations.","sectionRange":null,"content":"The commissioner may promulgate reasonable rules and regulations necessary to implement this chapter.
","history":"(Acts 1997, No. 97-445, p. 753, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5450,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5331,"codeId":24103,"versionId":19074,"parentId":24084,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-32-12","shortTitle":"Section 8-32-12","catchLine":"Service Contracts Prior to January 1, 1998.","title":"Section 8-32-12 Service Contracts Prior to January 1, 1998.","sectionRange":null,"content":"Service contracts entered into prior to January 1, 1998, and renewals thereof, may but are not required to comply with this chapter. Providers and other persons are not required to comply with this chapter until January 1, 1998. A provider or other person may, but is not required to, implement the requirements of this chapter prior to January 1, 1998. The failure of a provider or other person to comply with this chapter or otherwise to administer a service contract plan, in the manner required by this chapter prior to January 1, 1998, shall not be admissible in any court, arbitration, or alternative dispute resolution proceedings or otherwise used to prove that the action of any person or the service contract was unlawful or otherwise improper.
","history":"(Acts 1997, No. 97-445, p. 753, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5451,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5332,"codeId":32052,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"33","shortTitle":"Chapter 33","catchLine":"Vehicle Protection Product Act.","title":"Chapter 33 Vehicle Protection Product Act.","sectionRange":"§8-33-1 to §8-33-14","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5453,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5333,"codeId":32053,"versionId":27154,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-1","shortTitle":"Section 8-33-1","catchLine":"Short Title.","title":"Section 8-33-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Vehicle Protection Product Act.
","history":"(Act 2006-600, p. 1638, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5454,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5334,"codeId":32054,"versionId":27155,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-2","shortTitle":"Section 8-33-2","catchLine":"Definitions.","title":"Section 8-33-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words shall have the following meanings:
(1) ADMINISTRATOR. A third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties.
(2) COMMISSIONER. The Commissioner of the Department of Insurance.
(3) DEPARTMENT. The Department of Insurance.
(4) INCIDENTAL COSTS. Expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.
(5) SERVICE CONTRACT. A contract or agreement as defined in subdivision (13) of Section 8-32-2.
(6) VEHICLE PROTECTION PRODUCT. A vehicle protection device, system, or service that is all of the following:
a. Installed on or applied to a vehicle.
b. Is designed to prevent loss or damage to a vehicle from a specific cause.
c. Includes a written warranty.
For purposes of this chapter, the term vehicle protection product shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. A vehicle protection product is not insurance for any purpose.
(7) VEHICLE PROTECTION PRODUCT WARRANTOR or WARRANTOR. A person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. Warrantor does not include an authorized insurer providing a warranty reimbursement insurance policy.
(8) VEHICLE PROTECTION PRODUCT WARRANTY or WARRANTY. A written agreement by a warrantor that provides if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, that the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty. Incidental costs may be reimbursed under the provisions of the warranty in either a fixed amount specified in the warranty or sales agreement or by use of a formula itemizing specific incidental costs incurred by the warranty holder.
(9) WARRANTY HOLDER. The person who purchases a vehicle protection product or who is a permitted transferee.
(10) WARRANTY REIMBURSEMENT INSURANCE POLICY. A policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.
","history":"(Act 2006-600, p. 1638, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5455,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5335,"codeId":32055,"versionId":27156,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-3","shortTitle":"Section 8-33-3","catchLine":"Compliance.","title":"Section 8-33-3 Compliance.","sectionRange":null,"content":"(a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of this chapter.
(b) Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators complying with this chapter are not required to comply with and are not subject to any other provision of the Alabama Insurance Code.
(c) Service contract providers who do not sell vehicle protection products are not subject to the requirements of this chapter and sales of vehicle protection products are exempt from the requirements of Chapter 32.
(d) Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to this chapter.
","history":"(Act 2006-600, p. 1638, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5456,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5336,"codeId":32056,"versionId":27157,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-4","shortTitle":"Section 8-33-4","catchLine":"Registration Requirements.","title":"Section 8-33-4 Registration Requirements.","sectionRange":null,"content":"(a) A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the commissioner.
(b) Warrantor registration records shall be filed annually and shall be updated within 30 days of any change. The registration records shall contain the following information:
(1) The warrantor’s name, any fictitious names under which the warrantor does business in the state, principal office address, and telephone number.
(2) The name and address of the warrantor’s agent for service of process in the state if other than the warrantor.
(3) The names of the warrantor’s executive officer or officers directly responsible for the warrantor’s vehicle protection product business.
(4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state.
(5) A copy of the warranty reimbursement insurance policy or policies or other financial information required by Section 8-33-5.
(6) A copy of each warranty the warrantor proposes to use in this state.
(7) A statement indicating under which provision of Section 8-33-5 the warrantor qualifies to do business in this state as a warrantor.
(c) The commissioner may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records in an amount not to exceed two hundred fifty dollars ($250) annually. The information in subdivisions (1) and (2) of subsection (b) shall be made available to the public.
(d) If a registrant fails to register by the renewal deadline, the commissioner shall give him or her written notice of the failure and the registrant will have 30 days to complete the renewal of his or her registration before he or she is suspended from being registered in this state.
(e) An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.
","history":"(Act 2006-600, p. 1638, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5457,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5337,"codeId":32057,"versionId":27158,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-5","shortTitle":"Section 8-33-5","catchLine":"Conditions for Warrantors.","title":"Section 8-33-5 Conditions for Warrantors.","sectionRange":null,"content":"(a) No vehicle protection product shall be sold or offered for sale in this state unless the warrantor meets one of the conditions in subsection (b) or (c) in order to ensure adequate performance under the warranty. No other financial security requirements or financial standards for warrantors shall be required.
(b) The vehicle protection product warrantor is insured under a warranty reimbursement insurance policy issued by an insurer authorized to do business in this state which provides that:
(1) The insurer will pay to, or on behalf of, the warrantor 100 percent of all sums that the warrantor is legally obligated to pay according to the warrantor’s contractual obligations under the warrantor’s vehicle protection product warranty.
(2) A true and correct copy of the warranty reimbursement insurance policy has been filed with the commissioner by the warrantor.
(3) The policy contains the provision required in Section 8-33-6.
(c)(1) The vehicle protection product warrantor, or its parent company, maintains a net worth or stockholders’ equity of fifty million dollars ($50,000,000).
(2) The warrantor provides the commissioner with a copy of the warrantor’s or the warrantor’s parent company’s most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year or, if the warrantor does not file with the Securities and Exchange Commission, a copy of the warrantor’s or the warrantor’s parent company’s audited financial statements that shows a net worth of the warrantor or its parent company of at least fifty million dollars ($50,000,000). If the warrantor’s parent company’s Form 10-K, Form 20-F, or audited financial statements are filed to meet the warrantor’s financial stability requirement, then the parent company shall agree to guarantee the obligations of the warrantor relating to warranties issued by the warrantor in this state. The audited financial statements filed pursuant to this section shall be exempt from public disclosure under Section 36-12-40.
","history":"(Act 2006-600, p. 1638, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5458,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5338,"codeId":32058,"versionId":27159,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-6","shortTitle":"Section 8-33-6","catchLine":"Conditions for Policies.","title":"Section 8-33-6 Conditions for Policies.","sectionRange":null,"content":"No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:
(1) The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay or will provide all service that the warrantor is legally obligated to perform according to the warrantor’s contractual obligations under the provisions of the insured warranties sold by the warrantor.
(2) The policy states that in the event payment due under the terms of the warranty is not provided by the warrantor within 60 days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement.
(3) The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and the insurer’s liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer.
(4) The policy has the following provisions regarding cancellation of the policy:
a. The issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the commissioner and each insured warrantor.
b. The cancellation of a reimbursement insurance policy shall not reduce the issuer’s responsibility for vehicle protection products sold prior to the date of cancellation.
c. In the event an insurer cancels a policy that a warrantor has filed with the commissioner, the warrantor shall do either of the following:
1. File a copy of a new policy with the commissioner, before the termination of the prior policy, providing no lapse in coverage following the termination of the prior policy.
2. Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and is accepted by the commissioner.
","history":"(Act 2006-600, p. 1638, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5459,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5339,"codeId":32059,"versionId":27160,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-7","shortTitle":"Section 8-33-7","catchLine":"Form and Contents of Warranty.","title":"Section 8-33-7 Form and Contents of Warranty.","sectionRange":null,"content":"(a) Every vehicle protection product warranty in its entirety shall be written, printed, or typed in eight point type size or larger and shall not be sold or offered for sale in this state unless the warranty:
(1) States that the obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy if the warrantor elects to meet its financial responsibility obligations under subsection (b) of Section 8-33-5 or states that the obligations of the warrantor under the warranty are backed by the full faith and credit of the warrantor if the warrantor elects to meet its financial responsibility obligations under subsection (c) of Section 8-33-5.
(2) States that in the event a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within 60 days after proof of loss has been filed with the warrantor.
(3) States the name and address of the issuer of the warranty reimbursement insurance policy and this information need not be preprinted on the warranty form, but may be added to or stamped on the warranty, if the warrantor elects to meet its financial responsibility obligations under subsection (c) of Section 8-33-5.
(4) Identifies the warrantor, the seller, and the warranty holder.
(5) Sets forth the total purchase price and the terms under which it is to be paid, however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale.
(6) Sets forth the procedure for making a claim, including a telephone number.
(7) States the existence of a deductible amount, if any.
(8) Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions.
(9) Sets forth all of the obligations and duties of the warranty holder including the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any.
(10) Sets forth any terms, restrictions, or conditions governing transferability of the warranty, if any.
(11) Contains a disclosure that reads substantially as follows: “This agreement is a product warranty and is not insurance.”
(b) At the time of sale, the seller or warrantor shall provide one of the following to the purchaser:
(1) A copy of the vehicle protection product warranty.
(2) A receipt or other written evidence of the purchase of the vehicle protection product and a copy of the warranty within 30 days of the date of purchase.
","history":"(Act 2006-600, p. 1638, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5460,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5340,"codeId":32060,"versionId":27161,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-8","shortTitle":"Section 8-33-8","catchLine":"Cancellation of Warranty.","title":"Section 8-33-8 Cancellation of Warranty.","sectionRange":null,"content":"(a) No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any.
(b) The warrantor may only cancel the warranty if the warranty holder does any of the following:
(1) Fails to pay for the vehicle protection product.
(2) Makes a material misrepresentation to the seller or warrantor.
(3) Commits fraud related to the purchase of the vehicle protection product, registration of the warranty, or a claim made under the warranty.
(4) Substantially breaches the warranty holder’s duties under the warranty.
(c) A warrantor canceling a warranty shall mail written notice of cancellation to the warranty holder at the last address of the warranty holder in the warrantor’s records at least 30 days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for cancellation.
","history":"(Act 2006-600, p. 1638, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5461,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5341,"codeId":32061,"versionId":27162,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-9","shortTitle":"Section 8-33-9","catchLine":"Prohibited Acts.","title":"Section 8-33-9 Prohibited Acts.","sectionRange":null,"content":"(a) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature, any of the words “insurance,” “casualty,” “surety,” “mutual,” or any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of any insurance or surety corporation, or any other vehicle protection product warrantor. A warrantor may use the term “guaranty” or similar word in the warrantor’s name.
(b) A vehicle protection product seller or warrantor may not require as a condition of sale or financing that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale.
","history":"(Act 2006-600, p. 1638, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5462,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5342,"codeId":32062,"versionId":27163,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-10","shortTitle":"Section 8-33-10","catchLine":"Record Keeping Requirements.","title":"Section 8-33-10 Record Keeping Requirements.","sectionRange":null,"content":"(a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(b) A vehicle protection product warrantor’s accounts, books, and records shall include:
(1) Copies of all vehicle protection product warranties.
(2) The name and address of each warranty holder.
(3) The dates, amounts, and descriptions of all receipts, claims, and expenditures.
(c) A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least two years after the specified period of coverage has expired. A warrantor discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to warranty holders in this state.
(d) Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under this chapter available to the commissioner for examination.
","history":"(Act 2006-600, p. 1638, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5463,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5343,"codeId":32063,"versionId":27164,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-11","shortTitle":"Section 8-33-11","catchLine":"Enforcement Provisions.","title":"Section 8-33-11 Enforcement Provisions.","sectionRange":null,"content":"(a) The commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter and protect warranty holders in this state. Upon request of the commissioner, a warrantor shall make available to the commissioner all accounts, books, and records concerning vehicle protection products sold by the warrantor that are necessary to enable the commissioner to reasonably determine compliance or noncompliance with this chapter.
(b) The commissioner may take action that is necessary or appropriate to enforce this chapter, the commissioner’s rules and orders, and to protect warranty holders in this state. If a warrantor engages in a pattern or practice of conduct that violates this chapter and that the commissioner reasonably believes threatens to render the warrantor insolvent or cause irreparable loss or injury to the property or business of any person or company located in this state, the commissioner may do any of the following:
(1) Issue an order directed to that warrantor to cease and desist from engaging in further acts, practices, or transactions that are causing the conduct.
(2) Issue an order prohibiting that warrantor from selling or offering for sale vehicle protection products in violation of this chapter.
(3) Issue an order imposing a civil penalty on that warrantor.
(4) Issue any combination of the foregoing, as applicable.
(c) Prior to the effective date of any order issued pursuant to subsection (b), the commissioner must provide written notice of the order to the warrantor and the opportunity for a hearing to be held within 10 business days after receipt of the notice, except prior notice and hearing shall not be required if the commissioner reasonably believes that the warrantor has become, or is about to become, insolvent.
(d) A person aggrieved by an order issued under this section may request a hearing before the commissioner. The hearing request shall be filed with the commissioner within 20 days after the date the commissioner’s order is effective, and the commissioner must hold such a hearing within 15 days after receipt of the hearing request.
(e) At the hearing, the burden shall be on the commissioner to show why the order issued pursuant to this section is justified. The provisions of the Alabama Department of Insurance Administrative Code Chapter 482-1-065 shall apply to a hearing request under this section.
(f) The commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the commissioner’s orders or rules. An action filed under this section also may seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or rules of the commissioner.
(g) A person who is found to have violated this chapter or orders or rules of the commissioner may be ordered to pay to the commissioner a civil penalty in an amount, determined by the commissioner, of not more than five hundred dollars ($500) per violation and not more than ten thousand dollars ($10,000) in the aggregate for all violations of a similar nature. For purposes of this section, violations shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice that is determined to be a violation of this chapter occurred.
(h) This chapter does not create a separate civil cause of action.
","history":"(Act 2006-600, p. 1638, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5464,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5344,"codeId":32064,"versionId":27165,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-12","shortTitle":"Section 8-33-12","catchLine":"Rules and Regulations.","title":"Section 8-33-12 Rules and Regulations.","sectionRange":null,"content":"The commissioner may adopt such administrative rules consistent with this chapter as are necessary to implement this chapter. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle protection product warranty agreements.
","history":"(Act 2006-600, p. 1638, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5465,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5345,"codeId":32065,"versionId":27166,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-13","shortTitle":"Section 8-33-13","catchLine":"Applicability.","title":"Section 8-33-13 Applicability.","sectionRange":null,"content":"This chapter applies to all vehicle protection products sold or offered for sale on or after January 1, 2007. The failure of any person to comply with this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper. The adoption of this chapter does not imply that a vehicle protection product warranty was insurance prior to January 1, 2007. The penalty provisions of this chapter do not apply to any violation of this chapter relating to or in connection with the sale or failure to disclose in a retail installment contract or lease, or contract or agreement that provides for payments under a vehicle protection product warranty as long as the sale of such product, contract, or agreement was otherwise disclosed to the purchaser in writing at the time of the purchase or lease. In the event of a violation for which the penalty provisions of this chapter do not apply, the court shall award actual damages and costs, including reasonable attorney’s fees. Nothing in this section shall be construed to require the application of the penalty provisions where this section is not applicable.
","history":"(Act 2006-600, p. 1638, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5466,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5346,"codeId":53457,"versionId":46371,"parentId":32052,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-33-14","shortTitle":"Section 8-33-14","catchLine":"Disposition of Funds; Examination Expenses.","title":"Section 8-33-14 Disposition of Funds; Examination Expenses.","sectionRange":null,"content":"(a) All fees collected pursuant to this chapter shall be paid into the Insurance Department Fund for the enforcement of this chapter.
(b) Each person being examined by the commissioner in the enforcement of this chapter shall be liable for and pay the expenses of the examination as provided in Section 27-2-25.
","history":"(Act 2021-163, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5467,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5347,"codeId":41097,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"34","shortTitle":"Chapter 34","catchLine":"Dealers in Gold or Precious Items.","title":"Chapter 34 Dealers in Gold or Precious Items.","sectionRange":"§8-34-1 to §8-34-7","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5468,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5348,"codeId":41098,"versionId":33228,"parentId":41097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-34-1","shortTitle":"Section 8-34-1","catchLine":"Definitions.","title":"Section 8-34-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings:
(1) DEALER. Any person, corporation, or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. A dealer does not include a manufacturer, retail merchant, pawnbroker licensed by the Alabama State Banking Department, or person in the wholesale business.
(2) LOCAL LAW ENFORCEMENT AGENCY. The chief of police for businesses located within the jurisdiction of a municipality and the county sheriff for businesses located outside the jurisdiction of a municipality.
(3) PERMANENT PLACE OF BUSINESS. A fixed premises either owned by the dealer or leased by the dealer for at least one year.
(4) PRECIOUS ITEM. Any of the following:
a. An article made in whole or in part of gold, silver, or platinum.
b. Precious or semiprecious stones or pearls whether mounted or unmounted.
(5) PURCHASE. The acquisition of a precious item or items for a consideration of cash, goods, or another precious item.
","history":"(Act 2010-732, p. 1843, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5469,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5349,"codeId":41099,"versionId":33229,"parentId":41097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-34-2","shortTitle":"Section 8-34-2","catchLine":"License Required.","title":"Section 8-34-2 License Required.","sectionRange":null,"content":"(a) Each dealer engaged in the business of purchasing precious items for the purpose of reselling the items shall purchase a state license in the amount of one hundred dollars ($100) and a county license in the amount of fifty dollars ($50) under Article 1, Chapter 12, Title 40. The dealer shall purchase one state license per year and shall annually purchase the county license in each county where he or she conducts business. No dealer shall operate in the State of Alabama unless he or she first obtains the business license required herein to engage in the business of purchasing precious items.
(b) A dealer may only operate from the permanent place of business listed on the business license. The dealer shall forward a copy of each state and county license to the local law enforcement agency within five days of receipt.
","history":"(Act 2010-732, p. 1843, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5470,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5350,"codeId":41100,"versionId":33230,"parentId":41097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-34-3","shortTitle":"Section 8-34-3","catchLine":"Documentation of Items and Identification of Sellers; Weekly Report to Law Enforcement Agency.","title":"Section 8-34-3 Documentation of Items and Identification of Sellers; Weekly Report to Law Enforcement Agency.","sectionRange":null,"content":"(a) Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a local law enforcement agency:
(1) The name, current address, date of birth, and signature of the person from whom the dealer purchased the item.
(2) A description of the person, including height, weight, race, complexion, and hair color.
(3) A valid identification card number as outlined in subsection (b).
(4) A list describing the items purchased from that person.
(b) (1) Before making a purchase, a dealer shall require the person from whom he or she is purchasing to identify himself or herself with a valid driver’s license, a non-driver’s identification card, armed services identification card, or other valid photo identification sufficient to obtain the information required pursuant to subsection (a).
(2) The method of photo identification shall contain a traceable serial number to be recorded by the dealer.
A list of the acceptable forms of photo identification shall be provided by each local law enforcement agency.
(c) Each dealer, at least once each week in which he or she makes a purchase, shall make out and deliver to the local law enforcement agency a true, complete, and legible list of all items purchased during the period since the last report. The dealer shall use local law enforcement agency forms to meet the requirements of this subsection if such forms are issued by the local law enforcement agency. The list shall include:
(1) The brand name and serial number, if any, of the item or items purchased.
(2) An accurate description of each item sufficient to enable the law enforcement agency to identify the item.
(3) The date and time when the item was received.
(4) The amount paid for each item.
(5) All information pursuant to subsection (a).
","history":"(Act 2010-732, p. 1843, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5471,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5351,"codeId":41101,"versionId":33231,"parentId":41097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-34-4","shortTitle":"Section 8-34-4","catchLine":"Retention of Items; Payment; Purchase from Persons Under 18 Years of Age.","title":"Section 8-34-4 Retention of Items; Payment; Purchase from Persons Under 18 Years of Age.","sectionRange":null,"content":"(a) Any item purchased shall be held in the same shape and form as receipted for in the dealer’s custody for 15 business days after delivering the list to the local law enforcement agency as required under this chapter.
(b) Payment to the seller shall be by check only, made payable to a named actual intended seller.
(c) It is presumptive evidence of intent to violate this chapter if the items purchased are not listed or fail to agree with the description contained in the required list.
(d) On notification by a law enforcement agency or district attorney’s office that the items purchased are the fruits of a crime, the dealer may not dispose of those items.
(e) A dealer may not purchase items from any person under 18 years of age unless the person is accompanied by a parent or guardian who shall submit identification as required under this chapter.
","history":"(Act 2010-732, p. 1843, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5472,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5352,"codeId":41102,"versionId":33232,"parentId":41097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-34-5","shortTitle":"Section 8-34-5","catchLine":"Display of Chapter.","title":"Section 8-34-5 Display of Chapter.","sectionRange":null,"content":"Each dealer shall prominently display a copy of this chapter in a conspicuous place on the premises of the business.
","history":"(Act 2010-732, p. 1843, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5473,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5353,"codeId":41103,"versionId":33233,"parentId":41097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-34-6","shortTitle":"Section 8-34-6","catchLine":"Violations.","title":"Section 8-34-6 Violations.","sectionRange":null,"content":"A person who violates this chapter is guilty of a Class B misdemeanor.
","history":"(Act 2010-732, p. 1843, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5474,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5354,"codeId":41104,"versionId":33234,"parentId":41097,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-34-7","shortTitle":"Section 8-34-7","catchLine":"Application.","title":"Section 8-34-7 Application.","sectionRange":null,"content":"This chapter does not apply to any person who purchases precious items from a retail merchant, pawnbroker licensed by the Alabama State Banking Department, manufacturer, or wholesale dealer.
","history":"(Act 2010-732, p. 1843, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5475,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5355,"codeId":42782,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"35","shortTitle":"Chapter 35","catchLine":"Consumer Credit Report Security Freeze.","title":"Chapter 35 Consumer Credit Report Security Freeze.","sectionRange":"§8-35-1 to §8-35-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5476,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5356,"codeId":42783,"versionId":35024,"parentId":42782,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-35-1","shortTitle":"Section 8-35-1","catchLine":"Definitions.","title":"Section 8-35-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings:
(1) CONSUMER. A natural person residing in this state.
(2) CONSUMER CREDIT REPORT. A consumer report, as defined in 15 U.S.C. §1681a(d), that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumer’s eligibility for credit to be used primarily for personal, family, or household purposes.
(3) CONSUMER CREDIT REPORTING AGENCY. Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties.
(4) NORMAL BUSINESS HOURS. Any day between the hours of 8:00 A.M. and 9:30 P.M., Central Standard Time.
(5) PERSON. Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
(6) PROPER IDENTIFICATION. Information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. §1681 et seq.
(7) SECURITY FREEZE. A restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing the consumer’s consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer.
","history":"(Act 2012-500, p. 1470, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5477,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5357,"codeId":42784,"versionId":35025,"parentId":42782,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-35-2","shortTitle":"Section 8-35-2","catchLine":"Security Freeze on Credit Report.","title":"Section 8-35-2 Security Freeze on Credit Report.","sectionRange":null,"content":"(a) A consumer may place a security freeze on the consumer’s credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 31, 2012, a consumer credit reporting agency shall make available to consumers an Internet based method of requesting a security freeze and a toll-free telephone number for consumers to use to place a security freeze, temporarily lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit, subject to exceptions in subsection (m), the consumer credit reporting agency from releasing the consumer’s credit report or credit score without the prior express authorization of the consumer as provided in subsection (d) or (e). Nothing in this subsection shall prevent a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer’s credit report.
(b) A consumer credit reporting agency shall place a security freeze on a consumer’s credit report no later than three business days after receiving the consumer’s written request sent by certified mail.
(c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumer’s Social Security number, to be used by the consumer when providing authorization for the release of the consumer’s credit report for a specific period of time.
(d) If the consumer wishes to allow the consumer’s credit report to be accessed for a specific period of time while a security freeze is in place, the consumer shall contact the consumer credit reporting agency through the contact method established by the consumer credit reporting agency, request that the security freeze be temporarily lifted, and provide all of the following:
(1) Proper identification.
(2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c).
(3) The proper information regarding the time period for which the report shall be available to users of the consumer credit report.
(4) The proper payment as may be required by the consumer credit reporting agency.
(e) A consumer credit reporting agency shall develop procedures involving the use of telephone, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d).
(f) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) or (e) shall comply with the request as follows:
(1) No later than three business days after receiving a written request.
(2) Within 15 minutes after the request and payment are received by telephone or electronically by the contact method chosen by the consumer reporting agency during normal business hours and the request includes the consumer’s proper identification, correct personal identification number or password, and the proper payment as may be required by the consumer credit reporting agency.
(g) A consumer reporting agency need not temporarily lift a security freeze within 15 minutes, as specified in subdivision (2) of subsection (f), if either of the following occurs:
(1) The consumer fails to satisfy the requirements of subsection (d).
(2) The consumer credit reporting agency’s ability to temporarily lift the security freeze within 15 minutes is prevented by the following:
a. An act of God, including earthquakes, hurricanes, storms, or similar natural disaster or phenomenon, or fire.
b. Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence.
c. Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption.
d. Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives.
e. Regularly scheduled maintenance or updates, during other than normal business hours, to the consumer reporting agency’s systems.
f. Commercially reasonable maintenance of, or repair to, the consumer reporting agency’s systems that is unexpected or unscheduled.
g. Receipt of a request outside of normal business hours.
(h) A consumer credit reporting agency shall only remove or temporarily lift a security freeze placed on a consumer’s credit report upon any of the following circumstances:
(1) Upon the consumer’s request, in compliance with the requirements of this section.
(2) If the consumer’s credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a security freeze upon a consumer’s credit report pursuant to this subdivision, the consumer credit reporting agency shall notify the consumer in writing prior to removing the security freeze on the consumer’s credit report.
(i) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use related to the extension of credit and the consumer does not allow the consumer’s credit report to be accessed for that specific period of time, the third party may treat the application as incomplete.
(j) If a consumer requests a security freeze pursuant to this section, the consumer credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer’s credit report for a specific period of time while the security freeze is in place.
(k) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer. The consumer shall provide all of the following:
(1) Proper identification.
(2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c).
(3) The proper fee as may be required by the consumer credit reporting agency.
(l) A consumer credit reporting agency shall require proper identification of the person making a request to place, temporarily lift, or remove a security freeze.
(m) This section shall not apply to the use of a consumer report by any of the following persons or entities. The persons and entities exempt from this section include but are not limited to:
(1) A person, or the person’s subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owing for the account, contract, or debt.
(2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) for purposes of facilitating the extension of credit or other permissible use.
(3) Any person acting pursuant to a court order, warrant, or subpoena.
(4) A state or local agency, or its agents or assigns, which administers a program for establishing and enforcing child support obligations.
(5) A state or local agency, or its agents or assigns, acting to investigate fraud, including Medicaid fraud; acting to investigate or collect delinquent taxes or assessments, including interest, penalties, and unpaid court orders; or acting to fulfill any of its other statutory responsibilities.
(6) A federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns.
(7) Any person for the use of a credit report for purposes permitted under 15 U.S.C. §1681b(c).
(8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed.
(9) Any person for the purpose of providing a consumer with a copy of the consumer’s credit report or credit score upon the consumer’s request.
(10) Any depository financial institution for checking, savings, and investment accounts.
(11) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting.
(n) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer’s file: Name, date of birth, Social Security number, and address. Written confirmation shall not be required for technical modifications of a consumer’s official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address.
(o) The following persons shall not be required to place a security freeze in a consumer credit report pursuant to this section, provided, however, that any person not required to place a security freeze on a consumer credit report under the provisions of subdivision (3) shall be subject to any security freeze placed on a consumer credit report by another consumer credit reporting agency from which it obtains information:
(1) A check services or fraud prevention services company, including reports on incidents of fraud, or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment.
(2) A deposit account information service company which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or other similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
(3) Resellers of consumer credit report information that assemble and merge information contained in a database of one or more consumer credit reporting agencies and do not maintain a permanent database of consumer credit information from which new consumer credit reports are produced.
(4) A consumer credit reporting agency’s database or file which consists of information concerning, and used for, one or more of the following:
a. Criminal record information.
b. Fraud prevention or detection.
c. Personal claim loss history information.
d. Employment, tenant, or individual background screening.
(p) This section shall not prevent a consumer credit reporting agency from charging a fee of no more than ten dollars ($10) to a consumer for each security freeze placement, any permanent removal of the security freeze, or any temporary lifting of the security freeze for a period of time. A consumer credit reporting agency shall not charge a person age 65 years or over for the placement of a security freeze. A consumer credit reporting agency shall not charge any fee to a victim of identity theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victim’s identifying information by another person that was filed with the law enforcement agency no more than 90 days prior to the consumer’s request for a security freeze. A consumer credit reporting agency may charge a fee of no more than five dollars ($5) to a consumer for each replacement of a unique personal identification number or password.
(q) A person that violates this section may be fined not more than one hundred dollars ($100) for a violation concerning a specific consumer.
","history":"(Act 2012-500, p. 1470, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5478,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5358,"codeId":42785,"versionId":35026,"parentId":42782,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-35-3","shortTitle":"Section 8-35-3","catchLine":"Notice of Rights.","title":"Section 8-35-3 Notice of Rights.","sectionRange":null,"content":"At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. §1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice:
“Alabama Consumers Have the Right to Obtain a Security Freeze. You have a right to place a security freeze on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place.
“To provide that authorization you must contact the consumer reporting agency and provide all of the following:
”(1) Your personal identification number or password.
”(2) Proper identification to verify your identity.
”(3) The proper information regarding the period of time for which the report shall be available. A consumer reporting agency must authorize the release of your credit report no later than 15 minutes after receiving the above information if the request is by electronic means or by telephone, or no later than three business days when a written request is submitted.
“A security freeze does not apply to a person or entity, or its affiliates or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crime, or you are 65 years of age or older, a consumer reporting agency has the right to charge you a fee of no more than ten dollars ($10) to place a freeze on your credit report.”
","history":"(Act 2012-500, p. 1470, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5479,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5359,"codeId":42856,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"36","shortTitle":"Chapter 36","catchLine":"Residential Roofing Controls.","title":"Chapter 36 Residential Roofing Controls.","sectionRange":"§8-36-1 to §8-36-2","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5480,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5360,"codeId":42857,"versionId":35081,"parentId":42856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-36-1","shortTitle":"Section 8-36-1","catchLine":"Definitions.","title":"Section 8-36-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings:
(1) RESIDENTIAL REAL ESTATE. A new or existing building constructed for habitation by one to four families, including detached garages.
(2) RESIDENTIAL ROOFING CONTRACTOR. A person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems.
(3) ROOF SYSTEM. A roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation.
","history":"(Act 2012-519, p. 1541, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5481,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5361,"codeId":42858,"versionId":43363,"parentId":42856,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-36-2","shortTitle":"Section 8-36-2","catchLine":"Cancellation of Residential Roofing Contract; Notice of Cancellation; Payments.","title":"Section 8-36-2 Cancellation of Residential Roofing Contract; Notice of Cancellation; Payments.","sectionRange":null,"content":"(a) A person who has entered into a written contract with a residential roofing contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy may cancel the contract prior to midnight on the fifth business day if the insured receives written notice from the insurer that all or any part of the claim or contract is not a covered loss under the insurance policy or that the covered claim will not be sufficient to cover the amount of the contract. Cancellation shall be evidenced by the insured giving written notice of cancellation to the residential roofing contractor at the address stated in the contract. Notice of cancellation, if given by mail, shall be effective upon deposit into the United States mail, postage prepaid and properly addressed to the residential roofing contractor and, if given by electronic mail, shall be effective if sent to the electronic mail address stated in the contract. Notice of cancellation need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the intention of the insured not to be bound by the contract.
(b) Before entering a contract as provided in subsection (a), the residential roofing contractor shall do all of the following:
(1) Furnish the insured a statement in boldface type of a minimum size of 10 points, in substantially the following form:
“You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy or that the covered claim will not be sufficient to cover the amount of the contract. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See attached notice of cancellation form for an explanation of this right.”
(2) Furnish each insured a fully completed form in duplicate, captioned “NOTICE OF CANCELLATION,” which shall be attached to the contract but easily detachable, and which shall contain in boldface type of a minimum size of 10 points the following statement:
“NOTICE OF CANCELLATION”
“If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, or that the covered claim will not be sufficient to cover the amount of the contract, you may cancel the contract by mailing, electronic mailing, or delivering a signed and dated copy of this cancellation notice or any other written notice to [name of contractor] at [address of contractor’s place of business], at any time prior to midnight on the fifth business day after you have received such notice from your insurer.
“I HEREBY CANCEL THIS TRANSACTION
_______________
“Date
_______________
“Insured’s Signature”
(c) In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a residential roofing contractor shall not require any payments from an insured until the five-day cancellation period has expired. If, however, the residential roofing contractor has performed any emergency services, acknowledged by the insured in writing to be necessary to prevent damage to the premises, the residential roofing contractor shall be entitled to collect the amount due for the emergency services at the time they are rendered. Any provision in a contract as provided in subsection (a) that requires the payment of any fee for anything except emergency services shall not be enforceable against any insured who has cancelled a contract pursuant to this section. A residential roofing contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems.
","history":"(Act 2012-519, p. 1541, §2; Act 2019-99, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5482,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5362,"codeId":49187,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"37","shortTitle":"Chapter 37","catchLine":"Guaranteed Asset Protection Waivers.","title":"Chapter 37 Guaranteed Asset Protection Waivers.","sectionRange":"§8-37-1 to §8-37-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5483,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5363,"codeId":49188,"versionId":41400,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-1","shortTitle":"Section 8-37-1","catchLine":"Purpose; Applicability.","title":"Section 8-37-1 Purpose; Applicability.","sectionRange":null,"content":"(a) The purpose of this chapter is to define guaranteed asset protection waivers (GAP waivers) and to provide that GAP waivers may be offered within this state.
(b) This chapter does not apply to either of the following:
(1) An insurance policy offered by an insurer under the insurance laws of this state.
(2) A debt cancellation or debt suspension contract being offered by a federally regulated financial institution operating under 12 CFR Part 37 or a credit union operating under 12 CFR Part 721 or other federal law; or a debt cancellation or debt suspension contract being offered by a state chartered bank or credit union. Debt cancellation and debt suspension contracts being offered by any of these federal or state regulated financial institutions are not insurance and are exempt from the insurance laws of this state.
(c) Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this chapter are exempt from insurance licensing and insurance regulation requirements of this state.
(d) This chapter applies only to GAP waivers for financing of motor vehicles as defined in this chapter. This chapter does not affect the validity or enforcement of other asset protection waivers, debt cancellation contracts, or debt suspension agreements.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5484,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5364,"codeId":49189,"versionId":41401,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-2","shortTitle":"Section 8-37-2","catchLine":"Definitions.","title":"Section 8-37-2 Definitions.","sectionRange":null,"content":"THIS SECTION WAS AMENDED BY ACT 2022-179 IN THE 2022 REGULAR SESSION, EFFECTIVE JANUARY 1, 2023. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
For the purposes of this chapter, the following words have the following meanings:
(1) ADMINISTRATOR. A person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs.
(2) BORROWER. A debtor, retail buyer or lessee, under a finance agreement.
(3) CREDITOR means any of the following:
a. The lender in a loan or credit transaction.
b. The lessor in a lease transaction.
c. Any retail seller of motor vehicles in a retail installment transaction.
d. The seller in commercial retail installment transactions.
e. The assignees of any of the foregoing to whom the credit or lease obligation is payable.
(4) FINANCE AGREEMENT. A loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.
(5) FREE LOOK PERIOD. The period of time from the effective date of the GAP waiver until the date the borrower may cancel the GAP waiver without penalty, fees, or costs to the borrower. This period of time shall not be shorter than 30 days.
(6) GUARANTEED ASSET PROTECTION WAIVER or GAP WAIVER. A contractual agreement in which a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower’s finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement shall be part of, or a separate addendum to, the finance agreement.
(7) INSURER. An insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state.
(8) MOTOR VEHICLE. Self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all terrain vehicles, snowmobiles, campers, boats, personal watercraft, and motorcycle, and boat, camper and personal watercraft trailers.
(9) PERSON. An individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5485,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5365,"codeId":49190,"versionId":41402,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-3","shortTitle":"Section 8-37-3","catchLine":"Gap Waivers Authorized; Charges; Insurance; Creditor Requirements.","title":"Section 8-37-3 Gap Waivers Authorized; Charges; Insurance; Creditor Requirements.","sectionRange":null,"content":"(a) GAP waivers may be offered, sold, or provided to borrowers in this state under this chapter.
(b) GAP waivers, at the option of the creditor that offers the GAP waiver, may be sold for a single payment or may be offered with a monthly or periodic payment option.
(c) Notwithstanding any other provision of law and subject to Section 8-37-7, any cost to the borrower for a GAP waiver entered into in compliance with The Truth in Lending Act, 15 U.S.C. §1601 et seq., and its implementing regulations, as they may be amended from time to time, shall be separately stated and is not to be considered a finance charge or interest. If the charge for a GAP waiver is financed, the charge shall be separately itemized on the finance agreement.
(d) A retail seller shall insure its GAP waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor, other than a retail seller, may insure its GAP waiver obligations under a contractual liability policy or similar policy issued by an insurer. Any insurance policy may be directly obtained by a creditor, retail seller, or may be procured by an administrator to cover a creditor’s or retail seller’s obligations under the GAP waiver. However retail sellers who do not assign their finance agreements or retail sellers that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on the sold or leased vehicles.
(e) A GAP waiver remains a part of the finance agreement upon the assignment, sale, or transfer of the finance agreement by the creditor. The creditor, administrator, or other designated party shall maintain for three years after the maturity date of the finance agreement a copy of or electronic details of each GAP waiver sold regardless of the method of payment and the creditor, administrator, or other designated party shall provide copies of or electronic details of the contracts to the Superintendent of Banks upon reasonable advance written notice.
(f) Neither the extension of credit, any term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a GAP waiver.
(g) Any creditor that offers a GAP waiver shall report the sale of, and forward funds received on all waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy, or other specified program documents.
(h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator, pursuant to the terms of a written agreement shall be held by the creditor or administrator in a fiduciary capacity.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5486,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5366,"codeId":49191,"versionId":41403,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-4","shortTitle":"Section 8-37-4","catchLine":"Reimbursements; Coverage; Effect of Cancellation or Termination.","title":"Section 8-37-4 Reimbursements; Coverage; Effect of Cancellation or Termination.","sectionRange":null,"content":"(a) A contractual liability or other insurance policy insuring a GAP waiver shall state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waiver issued by the creditor and purchased or held by the borrower.
(b) Coverage under a contractual liability or other insurance policy insuring a GAP waiver shall also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement.
(c) Coverage under a contractual liability or other insurance policy insuring a GAP waiver shall remain in effect unless cancelled or terminated in compliance with applicable insurance laws of this state.
(d) The cancellation or termination of a contractual liability or other insurance policy shall not reduce the insurer’s responsibility for GAP waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5487,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5367,"codeId":49192,"versionId":41404,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-5","shortTitle":"Section 8-37-5","catchLine":"Disclosure Requirements.","title":"Section 8-37-5 Disclosure Requirements.","sectionRange":null,"content":"Subject to Section 8-37-7, a creditor that offers a GAP waiver shall disclose, as applicable, in writing and in clear, understandable language that is easy to read, all of the following:
(1) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor.
(2) The purchase price and the terms of the GAP waiver, including without limitation, the requirements for protection, conditions, or exclusions associated with the GAP waiver.
(3) That the borrower may cancel the GAP waiver within a Free Look Period as specified in the waiver, and will be entitled to a full refund of the purchase price, so long as no benefits have been provided. If cancelled after the Free Look Period and no benefits have been provided, the borrower shall receive a pro rata refund less a cancellation fee no greater than fifty dollars ($50) in accordance with the terms of the waiver.
(4) The procedure the borrower is required to follow in order to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits.
(5) The procedures for cancelling the GAP waiver and requesting any refund due pursuant to Section 8-37-6.
(6) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease, may be conditioned upon the purchase of the GAP waiver.
(7) That the cost of the GAP waiver is not regulated and that the borrower should determine whether the cost of the GAP waiver is reasonable in relation to the protection afforded by the GAP waiver.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5488,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5368,"codeId":49193,"versionId":41405,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-6","shortTitle":"Section 8-37-6","catchLine":"Cancellation of Gap Waiver Agreements.","title":"Section 8-37-6 Cancellation of Gap Waiver Agreements.","sectionRange":null,"content":"(a) Guaranteed asset protection waiver agreements shall be cancellable. GAP waivers shall provide that if a borrower cancels a waiver within the Free Look Period, the creditor, administrator, or other authorized party shall provide the borrower a full refund of the purchase price of the GAP waiver, provided no benefits have been provided. In the event a borrower cancels the waiver after the Free Look Period and no benefits have been provided, the creditor, administrator, or other authorized party shall provide the borrower a pro rata refund of the purchase price, less any cancellation fee no greater than fifty dollars ($50) in accordance with the terms of the waiver.
(b) In the event of cancellation of the GAP waiver due to early termination of the finance agreement, the creditor shall provide, or cause the administrator or retail seller to provide, within 60 days of termination, any refund due to a borrower without requiring the borrower to request cancellation of the waiver.
(c) Any cancellation refund under subsection (a) or (b) may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5489,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5369,"codeId":49194,"versionId":41406,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-7","shortTitle":"Section 8-37-7","catchLine":"Lease or Retail Installments Sales.","title":"Section 8-37-7 Lease or Retail Installments Sales.","sectionRange":null,"content":"Subsection (c) of Section 8-37-3 and Sections 8-37-5 and 8-37-8 of this chapter are not applicable to a GAP waiver offered in connection with a lease or retail installment sale associated with a commercial transaction.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5490,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5370,"codeId":49195,"versionId":41407,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-8","shortTitle":"Section 8-37-8","catchLine":"Enforcement.","title":"Section 8-37-8 Enforcement.","sectionRange":null,"content":"(a) The Superintendent of Banks may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing, the superintendent may do both of the following:
(1) Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further GAP waiver-related operations which are in violation of this chapter.
(2) Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this chapter, a violation shall be considered to be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the action, conduct, or practice which is determined to be a violation of the chapter occurred.
(b) If requested by a retail seller, the Superintendent of Banks may determine that the insurance policy required by subsection (d) of Section 8-37-3 is not required for a retail seller that does not assign any of its finance agreements to any entity other than an affiliate and if the affiliated assignee agrees that the insurance policy is waived and the finance agreements will not be further assigned. The superintendent may require the evidence and assurances that the superintendent determines is needed to make that determination.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5491,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5371,"codeId":49196,"versionId":41408,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-9","shortTitle":"Section 8-37-9","catchLine":"Legislative Findings.","title":"Section 8-37-9 Legislative Findings.","sectionRange":null,"content":"The Legislature finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued prior to and after January 1, 2018, shall not be construed as insurance.
","history":"(Act 2017-392, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5492,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5372,"codeId":49197,"versionId":41409,"parentId":49187,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37-10","shortTitle":"Section 8-37-10","catchLine":"Applicability.","title":"Section 8-37-10 Applicability.","sectionRange":null,"content":"Creditors and other persons are not required to comply with this chapter for any GAP waiver entered into prior to January 1, 2018.
","history":"(Act 2017-392, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5493,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5373,"codeId":55107,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"37A","shortTitle":"Chapter 37A","catchLine":"Motor Vehicle Value Protection Agreements.","title":"Chapter 37A Motor Vehicle Value Protection Agreements.","sectionRange":"§8-37A-1 to §8-37A-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5494,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5374,"codeId":55108,"versionId":48153,"parentId":55107,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37A-1","shortTitle":"Section 8-37A-1","catchLine":"Purpose and Application of Chapter.","title":"Section 8-37A-1 Purpose and Application of Chapter.","sectionRange":null,"content":"(a) The purpose of this chapter is to define motor vehicle value protection agreements and to authorize the agreements to be offered within this state.
(b) This chapter does not apply to either of the following:
(1) An insurance policy offered by an insurer under the insurance laws of this state.
(2) A debt cancellation or debt suspension contract being offered by a federally regulated financial institution operating under 12 C.F.R. Part 37 or a credit union operating under 12 C.F.R. Part 721 or other federal law; or a debt cancellation or debt suspension contract being offered by a state chartered bank or credit union.
(c) Except as provided in this chapter, motor vehicle value protection agreements governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell motor vehicle value protection agreements to borrowers that comply with this chapter are exempt from insurance licensing and insurance regulation requirements of this state.
(d) This chapter applies only to motor vehicle value protection agreements for financing of motor vehicles as defined in this chapter. This chapter does not affect the validity or enforcement of other asset protection waivers, debt cancellation contracts, or debt suspension agreements.
","history":"(Act 2022-179, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5495,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5375,"codeId":55109,"versionId":48154,"parentId":55107,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37A-2","shortTitle":"Section 8-37A-2","catchLine":"Definitions.","title":"Section 8-37A-2 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following words have the following meanings:
(1) ADMINISTRATOR. The person who may be responsible for the administrative or operational function of motor vehicle value protection agreements including, but not limited to, the adjudication of claims or benefit requests by contract holders.
(2) CONTRACT HOLDER. A person who is the purchaser or holder of a motor vehicle value protection agreement.
(3) FREE LOOK PERIOD. The period of time not less than 30 days from the effective date of a motor vehicle value protection agreement until the date the borrower may cancel the agreement without penalty, fees, or costs to the borrower.
(4) MOTOR VEHICLE VALUE PROTECTION AGREEMENT. A contractual agreement that provides a benefit towards either the reduction of all or part of the contract holder’s current finance agreement deficiency balance, or towards the purchase or lease of a replacement motor vehicle or motor vehicle services, based on the occurrence of an adverse event to the motor vehicle including, but not limited to, loss, theft, damage, obsolescence, diminished value, or depreciation. A motor vehicle value protection agreement does not include a GAP waiver, as defined in Chapter 37 of this title, but may include similar agreements including, but not limited to, trade-in-credit agreements, diminished value agreements, or depreciation benefit agreements.
(5) PROVIDER. A person that is obligated to provide a benefit under a motor vehicle value protection agreement.
","history":"(Act 2022-179, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5496,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5376,"codeId":55110,"versionId":48155,"parentId":55107,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37A-3","shortTitle":"Section 8-37A-3","catchLine":"Motor Vehicle Value Protection Agreements; Administration; Agreement to Be Provided.","title":"Section 8-37A-3 Motor Vehicle Value Protection Agreements; Administration; Agreement to Be Provided.","sectionRange":null,"content":"(a) A motor vehicle value protection agreement may be offered, sold, or provided to a borrower or lessor under this chapter.
(b) A provider may use an administrator or other designee to be responsible for all or part of the administration of motor vehicle value protection agreements in compliance with this chapter. A provider may act as an administrator or retain the services of a third-party administrator.
(c) A motor vehicle value protection agreement shall not be sold unless the contract holder is provided a copy of the agreement.
","history":"(Act 2022-179, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5497,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5377,"codeId":55111,"versionId":49586,"parentId":55107,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37A-4","shortTitle":"Section 8-37A-4","catchLine":"Provider Requirements.","title":"Section 8-37A-4 Provider Requirements.","sectionRange":null,"content":"In order to assure the faithful performance of the obligations of a provider to its contract holders, the provider shall comply with one of the following:
(1)a. Insure all of its motor vehicle value protection agreements under an insurance policy that pays or reimburses the obligations of a provider under any motor vehicle value protection agreements of the provider in the event the provider fails to perform its obligations. The insurance policy shall be issued by an insurer licensed, registered, or otherwise authorized to do business in this state at the time the policy is filed with the Commissioner of Insurance and continuously thereafter, that meets one of the following criteria:
1. Has a surplus as to policyholders and paid-in capital of at least fifteen million dollars ($15,000,000).
2. Has a surplus as to policyholders and paid-in capital of not less than ten million dollars ($10,000,000), and evidence to the satisfaction of the commissioner that the company maintains a ratio of net written premiums, wherever written, to surplus as to policyholders and paid-in capital of not greater than three to one.
b. In addition, the insurer shall annually file with the commissioner copies of the insurer’s audited financial statements, its NAIC Annual Statement, and the actuarial certification required by and filed in the insurer’s state of domicile.
(2)a. Maintain a funded reserve account for its obligations under its contracts issued and outstanding in this state. The reserves shall not be less than 40 percent of gross consideration received, less claims paid, on the sale of the motor vehicle value protection agreement for all in-force contracts. The reserve account shall be subject to examination and review by the Superintendent of Banks; and
b. Place in trust with the superintendent a financial security deposit, having a value of not less than five percent of the gross consideration received, less claims paid, on the sale of the motor vehicle value protection agreements for all agreements issued and in force, but not less than twenty-five thousand dollars ($25,000) consisting of one of the following:
1. A surety bond issued by an authorized surety.
2. Securities of the type eligible for deposit by authorized insurers in this state.
3. Cash.
4. A letter of credit issued by a qualified financial institution.
5. Another form of security prescribed by regulations issued by the superintendent.
(3)a. Maintain, or together with its parent company maintain, a net worth or stockholders’ equity of one hundred million dollars ($100,000,000); and
b. Upon request, provide the Superintendent of Banks with a copy of the provider’s or the provider’s parent company’s most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission (SEC) within the last calendar year, or if the company does not file with the SEC, a copy of the company’s audited financial statements that shows a net worth of the provider or its parent company of at least one hundred million dollars ($100,000,000). If the provider’s parent company’s Form 10-K, Form 20-F, or financial statements are filed to meet the provider’s financial security requirement, then the parent company shall agree to guarantee the obligations of the provider relating to motor vehicle value protection agreements sold by the provider in this state.
","history":"(Act 2022-179, §2; Act 2023-325, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5498,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5378,"codeId":55112,"versionId":48157,"parentId":55107,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37A-5","shortTitle":"Section 8-37A-5","catchLine":"Written Disclosures.","title":"Section 8-37A-5 Written Disclosures.","sectionRange":null,"content":"(a) A motor vehicle value protection agreement shall disclose in writing and in clear, understandable language that is easy to read all of the following:
(1) The name and address of the provider, contract holder, and administrator, if any.
(2) The terms of the agreement including, without limitation, the purchase price to be paid by the contract holder, if any, and the requirements for eligibility, conditions of coverage, or exclusions.
(3) A provision that the agreement may be cancelled by the contract holder within a free look period as specified in the agreement, and that in the event the contract holder will be entitled to a full refund of the purchase price paid by the contract holder, if any, so long as no benefits have been provided.
(4) The procedure the contract holder must follow, if any, to obtain a benefit under the terms and conditions of the agreement including, if applicable, a telephone number or website and address where the contract holder may apply for a benefit.
(5) A provision indicating whether or not the agreement is cancellable after the free look period and the conditions under which it may be cancelled, including the procedures for requesting any refund of the unearned purchase price paid by the contract holder.
(6) In the event of cancellation, the methodology for calculating any refund of the unearned purchase price of the agreement due.
(7) A provision specifying that the extension of credit, the terms of the credit, or the terms of the related motor vehicle sale or lease, may not be conditioned upon the purchase of the agreement.
(8) The terms, restrictions, or conditions governing cancellation of the agreement prior to the termination or expiration date of the agreement by either the provider or the contract holder.
(b) The provider shall mail a written notice to the contract holder at the last known address of the contract holder contained in the records of the provider at least five days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the contract holder to the provider or administrator, or a substantial breach of duties by the contract holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation. If an agreement is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the contract holder all of the unearned pro rata provider fee paid by the contract holder, if any. If coverage under the agreement continues after a claim, any refund may deduct claims paid and a reasonable administrative fee not to exceed seventy-five dollars ($75).
(c) This section shall not apply to commercial transactions.
","history":"(Act 2022-179, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5499,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5379,"codeId":55113,"versionId":48158,"parentId":55107,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-37A-6","shortTitle":"Section 8-37A-6","catchLine":"Enforcement of Chapter.","title":"Section 8-37A-6 Enforcement of Chapter.","sectionRange":null,"content":"(a) The Superintendent of Banks may take action that is necessary or appropriate to enforce this chapter and to protect motor vehicle value protection contract holders in this state. After notice and a hearing, the superintendent may do both of the following:
(1) Order the provider, administrator, or any other person not in compliance with this chapter to cease and desist from further actions related to motor vehicle value protection agreements that are in violation of this chapter.
(2) Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this chapter, a violation shall be considered to be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the action, conduct, or practice which is determined to be a violation of the chapter occurred.
(b) This section shall not apply to motor vehicle value protection agreements offered in connection with a commercial transaction.
","history":"(Act 2022-179, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5500,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5380,"codeId":50953,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"38","shortTitle":"Chapter 38","catchLine":"Data Breach Notification Act of 2018.","title":"Chapter 38 Data Breach Notification Act of 2018.","sectionRange":"§8-38-1 to §8-38-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5501,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5381,"codeId":50954,"versionId":43195,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-1","shortTitle":"Section 8-38-1","catchLine":"Short Title.","title":"Section 8-38-1 Short Title.","sectionRange":null,"content":"This chapter may be cited and shall be known as the Alabama Data Breach Notification Act of 2018.
","history":"(Act 2018-396, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5502,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5382,"codeId":50955,"versionId":43196,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-2","shortTitle":"Section 8-38-2","catchLine":"Definitions.","title":"Section 8-38-2 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following terms have the following meanings:
(1) BREACH OF SECURITY or BREACH. The unauthorized acquisition of data in electronic form containing sensitive personally identifying information. Acquisition occurring over a period of time committed by the same entity constitutes one breach. The term does not include any of the following:
a. Good faith acquisition of sensitive personally identifying information by an employee or agent of a covered entity, unless the information is used for a purpose unrelated to the business or subject to further unauthorized use.
b. The release of a public record not otherwise subject to confidentiality or nondisclosure requirements.
c. Any lawful investigative, protective, or intelligence activity of a law enforcement or intelligence agency of the state, or a political subdivision of the state.
(2) COVERED ENTITY. A person, sole proprietorship, partnership, government entity, corporation, nonprofit, trust, estate, cooperative association, or other business entity that acquires or uses sensitive personally identifying information.
(3) DATA IN ELECTRONIC FORM. Any data stored electronically or digitally on any computer system or other database, including, but not limited to, recordable tapes and other mass storage devices.
(4) GOVERNMENT ENTITY. The state, a county, or a municipality or any instrumentality of the state, a county, or a municipality.
(5) INDIVIDUAL. Any Alabama resident whose sensitive personally identifying information was, or the covered entity reasonably believes to have been, accessed as a result of the breach.
(6) SENSITIVE PERSONALLY IDENTIFYING INFORMATION.
a. Except as provided in paragraph b., an Alabama resident’s first name or first initial and last name in combination with one or more of the following with respect to the same Alabama resident:
1. A non-truncated Social Security number or tax identification number.
2. A non-truncated driver’s license number, state-issued identification card number, passport number, military identification number, or other unique identification number issued on a government document used to verify the identity of a specific individual.
3. A financial account number, including a bank account number, credit card number, or debit card number, in combination with any security code, access code, password, expiration date, or PIN, that is necessary to access the financial account or to conduct a transaction that will credit or debit the financial account.
4. Any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
5. An individual’s health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual.
6. A user name or email address, in combination with a password or security question and answer that would permit access to an online account affiliated with the covered entity that is reasonably likely to contain or is used to obtain sensitive personally identifying information.
b. The term does not include either of the following:
1. Information about an individual which has been lawfully made public by a federal, state, or local government record or a widely distributed media.
2. Information that is truncated, encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable, including encryption of the data, document, or device containing the sensitive personally identifying information, unless the covered entity knows or has reason to know that the encryption key or security credential that could render the personally identifying information readable or useable has been breached together with the information.
(7) THIRD-PARTY AGENT. An entity that has been contracted to maintain, store, process, or is otherwise permitted to access sensitive personally identifying information in connection with providing services to a covered entity.
","history":"(Act 2018-396, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5503,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5383,"codeId":50956,"versionId":43197,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-3","shortTitle":"Section 8-38-3","catchLine":"Reasonable Security Measures; Assessment.","title":"Section 8-38-3 Reasonable Security Measures; Assessment.","sectionRange":null,"content":"(a) Each covered entity and third-party agent shall implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security.
(b) Reasonable security measures means security measures practicable for the covered entity subject to subsection (c), to implement and maintain, including consideration of all of the following:
(1) Designation of an employee or employees to coordinate the covered entity’s security measures to protect against a breach of security. An owner or manager may designate himself or herself.
(2) Identification of internal and external risks of a breach of security.
(3) Adoption of appropriate information safeguards to address identified risks of a breach of security and assess the effectiveness of such safeguards.
(4) Retention of service providers, if any, that are contractually required to maintain appropriate safeguards for sensitive personally identifying information.
(5) Evaluation and adjustment of security measures to account for changes in circumstances affecting the security of sensitive personally identifying information.
(6) Keeping the management of the covered entity, including its board of directors, if any, appropriately informed of the overall status of its security measures; provided, however, that the management of a government entity subject to this subdivision may be appropriately informed of the status of its security measures through a properly convened executive session under the Open Meetings Act pursuant to Section 36-25A-7.
(c) An assessment of a covered entity’s security shall be based upon the entity’s reasonable security measures as a whole and shall place an emphasis on data security failures that are multiple or systemic, including consideration of all the following:
(1) The size of the covered entity.
(2) The amount of sensitive personally identifying information and the type of activities for which the sensitive personally identifying information is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity.
(3) The covered entity’s cost to implement and maintain the reasonable security measures to protect against a breach of security relative to its resources.
","history":"(Act 2018-396, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5504,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5384,"codeId":50957,"versionId":43198,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-4","shortTitle":"Section 8-38-4","catchLine":"Investigation of Security Breach.","title":"Section 8-38-4 Investigation of Security Breach.","sectionRange":null,"content":"(a) If a covered entity determines that a breach of security has or may have occurred in relation to sensitive personally identifying information that is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity, the covered entity shall conduct a good faith and prompt investigation that includes all of the following:
(1) An assessment of the nature and scope of the breach.
(2) Identification of any sensitive personally identifying information that may have been involved in the breach and the identity of any individuals to whom that information relates.
(3) A determination of whether the sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably likely to cause substantial harm to the individuals to whom the information relates.
(4) Identification and implementation of measures to restore the security and confidentiality of the systems compromised in the breach.
(b) In determining whether sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person without valid authorization, the following factors may be considered:
(1) Indications that the information is in the physical possession and control of a person without valid authorization, such as a lost or stolen computer or other device containing information.
(2) Indications that the information has been downloaded or copied.
(3) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.
(4) Whether the information has been made public.
","history":"(Act 2018-396, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5505,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5385,"codeId":50958,"versionId":43199,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-5","shortTitle":"Section 8-38-5","catchLine":"Notice of Security Breach - Individuals Affected.","title":"Section 8-38-5 Notice of Security Breach - Individuals Affected.","sectionRange":null,"content":"(a) A covered entity that is not a third-party agent that determines under Section 8-38-4 that, as a result of a breach of security, sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably likely to cause substantial harm to the individuals to whom the information relates, shall give notice of the breach to each individual.
(b) Notice to individuals under subsection (a) shall be made as expeditiously as possible and without unreasonable delay, taking into account the time necessary to allow the covered entity to conduct an investigation in accordance with Section 8-38-4. Except as provided in subsection (c), the covered entity shall provide notice within 45 days of the covered entity’s receipt of notice from a third-party agent that a breach has occurred or upon the covered entity’s determination that a breach has occurred and is reasonably likely to cause substantial harm to the individuals to whom the information relates.
(c) If a federal or state law enforcement agency determines that notice to individuals required under this section would interfere with a criminal investigation or national security, the notice shall be delayed upon the receipt of written request of the law enforcement agency for a period that the law enforcement agency determines is necessary. A law enforcement agency, by a subsequent written request, may revoke the delay as of a specified date or extend the period set forth in the original request made under this section if further delay is necessary.
(d) Except as provided by subsection (e), notice to an affected individual under this section shall be given in writing, sent to the mailing address of the individual in the records of the covered entity, or by email notice sent to the email address of the individual in the records of the covered entity. The notice shall include, at a minimum, all of the following:
(1) The date, estimated date, or estimated date range of the breach.
(2) A description of the sensitive personally identifying information that was acquired by an unauthorized person as part of the breach.
(3) A general description of the actions taken by a covered entity to restore the security and confidentiality of the personal information involved in the breach.
(4) A general description of steps an affected individual can take to protect himself or herself from identity theft.
(5) Information that the individual can use to contact the covered entity to inquire about the breach.
(e)(1) A covered entity required to provide notice to any individual under this section may provide substitute notice in lieu of direct notice, if direct notice is not feasible due to any of the following:
a. Excessive cost. The term includes either of the following:
1. Excessive cost to the covered entity relative to the resources of the covered entity.
2. The cost to the covered entity exceeds five hundred thousand dollars ($500,000).
b. Lack of sufficient contact information for the individual required to be notified.
c. The affected individuals exceed 100,000 persons.
(2) a. Substitute notice shall include both of the following:
1. A conspicuous notice on the Internet website of the covered entity, if the covered entity maintains a website, for a period of 30 days.
2. Notice in print and in broadcast media, including major media in urban and rural areas where the affected individuals reside.
b. An alternative form of substitute notice may be used with the approval of the Attorney General.
(f) If a covered entity determines that notice is not required under this section, the entity shall document the determination in writing and maintain records concerning the determination for no less than five years.
","history":"(Act 2018-396, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5506,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5386,"codeId":50959,"versionId":43200,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-6","shortTitle":"Section 8-38-6","catchLine":"Notice of Security Breach - Attorney General.","title":"Section 8-38-6 Notice of Security Breach - Attorney General.","sectionRange":null,"content":"(a) If the number of individuals a covered entity is required to notify under Section 8-38-5 exceeds 1,000, the entity shall provide written notice of the breach to the Attorney General as expeditiously as possible and without unreasonable delay. Except as provided in subsection (c) of Section 8-38-5, the covered entity shall provide the notice within 45 days of the covered entity’s receipt of notice from a third-party agent that a breach has occurred or upon the entity’s determination that a breach has occurred and is reasonably likely to cause substantial harm to the individuals to whom the information relates.
(b) Written notice to the Attorney General shall include all of the following:
(1) A synopsis of the events surrounding the breach at the time that notice is provided.
(2) The approximate number of individuals in the state who were affected by the breach.
(3) Any services related to the breach being offered or scheduled to be offered, without charge, by the covered entity to individuals and instructions on how to use the services.
(4) The name, address, telephone number, and email address of the employee or agent of the covered entity from whom additional information may be obtained about the breach.
(c) A covered entity may provide the Attorney General with supplemental or updated information regarding a breach at any time.
(d) Information marked as confidential that is obtained by the Attorney General under this section is not subject to any open records, freedom of information, or other public record disclosure law.
","history":"(Act 2018-396, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5507,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5387,"codeId":50960,"versionId":43201,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-7","shortTitle":"Section 8-38-7","catchLine":"Notice of Security Breach - Consumer Reporting Agencies.","title":"Section 8-38-7 Notice of Security Breach - Consumer Reporting Agencies.","sectionRange":null,"content":"If a covered entity discovers circumstances requiring notice under Section 8-38-5 of more than 1,000 individuals at a single time, the entity shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in the Fair Credit Reporting Act, 15 U.S.C. §1681a, of the timing, distribution, and content of the notices.
","history":"(Act 2018-396, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5508,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5388,"codeId":50961,"versionId":43202,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-8","shortTitle":"Section 8-38-8","catchLine":"Notice of Security Breach - Covered Entity.","title":"Section 8-38-8 Notice of Security Breach - Covered Entity.","sectionRange":null,"content":"In the event a third-party agent has experienced a breach of security in the system maintained by the agent, the agent shall notify the covered entity of the breach of security as expeditiously as possible and without unreasonable delay, but no later than 10 days following the determination of the breach of security or reason to believe the breach occurred. After receiving notice from a third-party agent, a covered entity shall provide notices required under Sections 8-38-5 and 8-38-6. A third-party agent, in cooperation with a covered entity, shall provide information in the possession of the third-party agent so that the covered entity can comply with its notice requirements. A covered entity may enter into a contractual agreement with a third-party agent whereby the third-party agent agrees to handle notifications required under this chapter.
","history":"(Act 2018-396, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5509,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5389,"codeId":50962,"versionId":43203,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-9","shortTitle":"Section 8-38-9","catchLine":"Violations of Notification Requirements.","title":"Section 8-38-9 Violations of Notification Requirements.","sectionRange":null,"content":"(a) A violation of the notification provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action for civil penalties under this chapter.
(1) A violation of this chapter does not establish a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be construed to affect any right a person may have at common law, by statute, or otherwise.
(2) Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged in a violation of the notification provisions of this chapter is subject to the penalty provisions set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully or with reckless disregard in failing to comply with the notice requirements of Sections 8-38-5 and 8-38-6. Civil penalties assessed under Section 8-19-11, shall not exceed five hundred thousand dollars ($500,000) per breach.
(b)(1) Notwithstanding any remedy available under subdivision (2) of subsection (a), a covered entity that violates the notification provisions of this chapter shall be liable for a civil penalty of not more than five thousand dollars ($5,000) per day for each consecutive day that the covered entity fails to take reasonable action to comply with the notice provisions of this chapter.
(2) The office of the Attorney General shall have the exclusive authority to bring an action for damages in a representative capacity on behalf of any named individual or individuals. In such an action brought by the office of the Attorney General, recovery shall be limited to actual damages suffered by the person or persons, plus reasonable attorney’s fees and costs.
(3) It is not a violation of this chapter to refrain from providing any notice required under this chapter if a court of competent jurisdiction has directed otherwise.
(4) To the extent that notification is required under this chapter as the result of a breach experienced by a third-party agent, a failure to inform the covered entity of the breach shall subject the third-party agent to the fines and penalties set forth in this chapter.
(5) Government entities shall be subject to the notice requirements of this chapter. A government entity that acquires and maintains sensitive personally identifying information from a government employer, and which is required to provide notice to any individual under this chapter, must also notify the employing government entity of any individual to whom the information relates.
(6) All government entities are exempt from any civil penalty authorized by this chapter; provided, however, the Attorney General may bring an action against any state, county, or municipal official or employee, in his or her official capacity, who is subject to this chapter for any of the following:
a. To compel the performance of his or her duties under this chapter.
b. To compel the performance of his or her ministerial acts under this chapter.
c. To enjoin him or her from acting in bad faith, fraudulently, beyond his or her authority, or under mistaken interpretation of the law.
(7) By February 1 of each year, the Attorney General shall submit a report to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives describing the nature of any reported breaches of security by government entities or third-party agents of government entities in the preceding calendar year along with recommendations for security improvements. The report shall identify any government entity that has violated any of the applicable requirements in this chapter in the preceding calendar year.
","history":"(Act 2018-396, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5510,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5390,"codeId":50963,"versionId":43204,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-10","shortTitle":"Section 8-38-10","catchLine":"Disposal of Records Containing Sensitive Personally Identifying Information.","title":"Section 8-38-10 Disposal of Records Containing Sensitive Personally Identifying Information.","sectionRange":null,"content":"A covered entity or third-party agent shall take reasonable measures to dispose, or arrange for the disposal, of records containing sensitive personally identifying information within its custody or control when the records are no longer to be retained pursuant to applicable law, regulations, or business needs. Disposal shall include shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any reasonable means consistent with industry standards.
","history":"(Act 2018-396, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5511,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5391,"codeId":50964,"versionId":43205,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-11","shortTitle":"Section 8-38-11","catchLine":"Exemptions - Federal.","title":"Section 8-38-11 Exemptions - Federal.","sectionRange":null,"content":"An entity subject to or regulated by federal laws, rules, regulations, procedures, or guidance on data breach notification established or enforced by the federal government is exempt from this chapter as long as the entity does all of the following:
(1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance.
(2) Provides notice to affected individuals pursuant to those laws, rules, regulations, procedures, or guidance.
(3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000.
","history":"(Act 2018-396, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5512,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5392,"codeId":50965,"versionId":43206,"parentId":50953,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-38-12","shortTitle":"Section 8-38-12","catchLine":"Exemptions - State.","title":"Section 8-38-12 Exemptions - State.","sectionRange":null,"content":"An entity subject to or regulated by state laws, rules, regulations, procedures, or guidance on data breach notification that are established or enforced by state government, and are at least as thorough as the notice requirements provided by this chapter, is exempt from this chapter so long as the entity does all of the following:
(1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance.
(2) Provides notice to affected individuals pursuant to the notice requirements of those laws, rules, regulations, procedures, or guidance.
(3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000.
","history":"(Act 2018-396, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5513,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5393,"codeId":50972,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"39","shortTitle":"Chapter 39","catchLine":"New Assistive Device Warranty Act.","title":"Chapter 39 New Assistive Device Warranty Act.","sectionRange":"§8-39-1 to §8-39-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5514,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5394,"codeId":50973,"versionId":43211,"parentId":50972,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-39-1","shortTitle":"Section 8-39-1","catchLine":"Short Title.","title":"Section 8-39-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the New Assistive Devices Warranty Act.
","history":"(Act 2018-448, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5515,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5395,"codeId":50974,"versionId":43212,"parentId":50972,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-39-2","shortTitle":"Section 8-39-2","catchLine":"Definitions.","title":"Section 8-39-2 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following terms shall have the following meanings:
(1) ASSISTIVE DEVICE. a. Any device, that costs five thousand dollars ($5,000) or more, including a demonstrator that a consumer purchases or accepts transfer of in this state which is used for a major life activity. The term is limited to the following:
1. Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual.
2. Voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance the ability of a sight impaired individual to communicate.
b. The term does not include hearing aids, telephone communication devices for the deaf, assistive listening devices, or other aids that enhance the ability of an individual to hear.
(2) ASSISTIVE DEVICE DEALER. A person who is in the business of selling assistive devices.
(3) ASSISTIVE DEVICE LESSOR. A person who leases assistive devices to consumers, or who holds the rights of a lessor, under a written lease. Any assistive device lessor who is also an assistive device dealer shall fulfill all obligations owed to the consumer pursuant to this chapter as both an assistive device dealer and lessor.
(4) COLLATERAL COSTS. Expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device.
(5) CONSUMER or THE AGENCY. Any of the following:
a. The purchaser of an assistive device, including government entities purchasing a device for the benefit of an individual and the individual for whose benefit the device is purchased, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale.
b. A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device.
c. A person who may enforce the warranty.
d. A person who leases an assistive device from an assistive device lessor under a written lease.
e. Any person, with authority, acting on behalf of the consumer or the agency.
(6) DEMONSTRATOR. An assistive device used primarily for the purpose of demonstration to the public.
","history":"(Act 2018-448, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5516,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5396,"codeId":50975,"versionId":43213,"parentId":50972,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-39-3","shortTitle":"Section 8-39-3","catchLine":"Reporting and Repair of Assistive Device with a Noncomformity.","title":"Section 8-39-3 Reporting and Repair of Assistive Device with a Noncomformity.","sectionRange":null,"content":"(a) If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer or the agency shall do both of the following:
(1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers of the manufacturer.
(2) Make the assistive device available for repair within an applicable express warranty period.
(b) Once a nonconformity is reported and the assistive device is made available for repair, the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers of the manufacturer shall make an attempt to repair the nonconformity.
","history":"(Act 2018-448, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5517,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5397,"codeId":50976,"versionId":43214,"parentId":50972,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-39-4","shortTitle":"Section 8-39-4","catchLine":"Refund or Replacement for Assistive Device with a Non Comformity.","title":"Section 8-39-4 Refund or Replacement for Assistive Device with a Non Comformity.","sectionRange":null,"content":"(a) If the manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually repaired, the manufacturer shall be required to provide a refund or replacement of the device, whichever is requested by the consumer or the agency, as follows:
(1) If the consumer or the agency requests a refund for a device that was purchased, the manufacturer shall refund to the consumer and to any holder of a perfected security interest in the assistive device of the consumer, as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and any collateral costs incurred by the consumer, less a reasonable allowance for use. When the manufacturer provides the refund, the consumer or the agency shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.
(2) If the consumer or the agency requests a refund for a device which was leased, the manufacturer shall refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use. The manufacturer shall have a cause of action against the dealer or lessor for reimbursement of any amount that it pays to a consumer which exceeds the net price received by the manufacturer for the assistive device. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
(3) If the consumer elects to receive a comparable new assistive device, the manufacturer shall provide the consumer or the agency with the comparable new assistive device no later than 30 days after the consumer or lessor offers to transfer possession of the assistive device having the nonconformity to the manufacturer.
(b) This section regarding the duty of a manufacturer shall apply for the period of the express warranty of the manufacturer.
","history":"(Act 2018-448, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5518,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5398,"codeId":50977,"versionId":43215,"parentId":50972,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-39-5","shortTitle":"Section 8-39-5","catchLine":"Applicability of Chapter.","title":"Section 8-39-5 Applicability of Chapter.","sectionRange":null,"content":"This chapter does not apply to any of the following:
(1) Disposable assistive devices with a useful life of one year or less.
(2) Batteries or nonfunctional accessories.
(3) Assistive devices dispensed, sold, injected, or implanted by a licensed physician, licensed physician assistant, or any individual working with or for the practice of a licensed physician, employer, or other business entity that is primarily engaged in the practice of medicine, whether or not the individual is working in a collaborative practice agreement as an agent, employee, or independent contractor. The exemption provided by this subdivision shall not apply to an assistive device simply because it was prescribed or ordered by a licensed physician or other health care practitioner.
","history":"(Act 2018-448, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5519,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5399,"codeId":50978,"versionId":43216,"parentId":50972,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-39-6","shortTitle":"Section 8-39-6","catchLine":"Rights and Remedies of Consumer.","title":"Section 8-39-6 Rights and Remedies of Consumer.","sectionRange":null,"content":"(a) This chapter shall not limit rights or remedies available to a consumer under any other law.
(b) Any waiver of rights by a consumer under this chapter shall be void.
(c) In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this chapter within four years after the cause of action has accrued. By the original agreement, the parties may reduce the period of limitation to not less than one year but may not extend the period of limitation. The court may award a consumer who prevails up to treble damages, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
","history":"(Act 2018-448, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5520,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5400,"codeId":55235,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"40","shortTitle":"Chapter 40","catchLine":"Sale of Collectibles.","title":"Chapter 40 Sale of Collectibles.","sectionRange":"§8-40-1 to §8-40-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5521,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5401,"codeId":55236,"versionId":48268,"parentId":55235,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-40-1","shortTitle":"Section 8-40-1","catchLine":"Definitions.","title":"Section 8-40-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms have the following meanings:
(1) AUTHENTICATE. The representation by a dealer or other person that a collectible is authentic.
(2) AUTOGRAPHED ITEM. A sports item or entertainment media item bearing the signature of a particular person that is sold or offered for sale for fifty dollars ($50) or more, excluding sales tax and shipping fees, when the dealer offers the signed item at a higher price than the dealer would charge for a comparable item without the signature.
(3) COLLECTIBLE. An autographed item, entertainment media item, historical artifact, limited edition item, item of memorabilia, sports item, or similar item represented to have value based on the collectible nature of the item.
(4) CONSUMER. A natural person who purchases an autographed collectible from a dealer for personal, family, or household purposes. The term includes a prospective purchaser meeting these criteria.
(5) DEALER. A person who is in the business of selling or offering for sale collectibles and has sold three or more collectibles in the preceding 12 months. The term includes a person engaged in a mail-order, telephone-order, online, or television business for the sale of collectibles. The term does not include either of the following:
a. A pawnbroker that acquired the collectible through a foreclosure on a collateral loan, provided that the pawnbroker does not hold himself or herself out as having knowledge or skill peculiar to autographed collectibles.
b. The person who autographed the collectible.
(6) ENTERTAINMENT MEDIA ITEM. An item related to music, television, and films, including, but not limited to, a picture, photo, record, compact disc, digital video disc, ticket, program, playbill, clothing, hat, poster, toy, plaque, trading card, musical instrument, or other entertainment memorabilia.
(7) HISTORICAL ARTIFACT. An object, such as a tool, or the remains of one, such as a shard of pottery, or a historical writing, manuscript, or document, characteristic of an earlier time or cultural stage, valued for its historical significance and authenticity.
(8) LIMITED EDITION. An autographed collectible that meets all of the following requirements:
a. A person has produced a specific quantity of an autographed collectible and placed it on the open market.
b. The person has posted a notice, at its primary place of business, that it will provide any consumer, upon request, with a copy of a notice that states the exact number of an autographed collectible produced in that series of limited editions.
c. The person makes available, upon request of a consumer, evidence that the electronic encoding, films, molds, or plates used to create the autographed collectible have been destroyed after the specified number of autographed collectibles have been produced.
d. The sequence number of the autographed collectible and the number of the total quantity produced in the limited edition are printed on the autographed collectible.
(9) MEMORABILIA. Objects kept or collected because of their historical interest, particularly those deriving value from their connection to a particular memorable person or event, and also deriving value from authenticity.
(10) REPRESENTATION. Any written representation, including, but not limited to, a representation in an advertisement, brochure, catalog, flyer, invoice, sign, online communication, Internet web page, email, or other commercial or promotional material.
(11) SPORTS ITEM. A photograph, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia.
","history":"(Act 2022-398, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5522,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5402,"codeId":55237,"versionId":48269,"parentId":55235,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-40-2","shortTitle":"Section 8-40-2","catchLine":"Applicability of Chapter.","title":"Section 8-40-2 Applicability of Chapter.","sectionRange":null,"content":"This chapter does not apply to a collectible if purchased based on any of the following:
(1) The collectible was purchased by barter or trade for other items.
(2) The collectible was sold by one dealer to another dealer.
","history":"(Act 2022-398, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5523,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5403,"codeId":55238,"versionId":48270,"parentId":55235,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-40-3","shortTitle":"Section 8-40-3","catchLine":"Consumer Remedies for Purchase of Inauthentic Collectible Item.","title":"Section 8-40-3 Consumer Remedies for Purchase of Inauthentic Collectible Item.","sectionRange":null,"content":"(a) A consumer who purchases an authenticated collectible from a dealer based on a representation that the collectible is authentic is entitled to recover from the dealer the full purchase price of the collectible plus damages within three years of the purchase if the consumer presents substantial evidence to the dealer that the collectible is in fact not authentic.
(b) A consumer may file a civil action to enforce the rights provided by this chapter.
(c) The remedies specified in this section are in addition to, and not in lieu of, any other remedy that may be provided by law.
","history":"(Act 2022-398, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5524,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5404,"codeId":55303,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"41","shortTitle":"Chapter 41","catchLine":"High Volume Third Party Sellers of Consumer Products on Online Market Places.","title":"Chapter 41 High Volume Third Party Sellers of Consumer Products on Online Market Places.","sectionRange":"§8-41-1 to §8-41-7","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5525,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5405,"codeId":55304,"versionId":48332,"parentId":55303,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-41-1","shortTitle":"Section 8-41-1","catchLine":"Definitions.","title":"Section 8-41-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms have the following meanings:
(1) CONSUMER PRODUCT. Any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes, including, but not limited to, any property intended to be attached to or installed in any real property without regard to whether it is attached or installed.
(2) HIGH-VOLUME THIRD-PARTY SELLER. A participant in an online marketplace that is a third-party seller and, in any continuous 12-month period during the previous 24 months, that has entered into 200 or more discrete sales or transactions of new or unused consumer products of an aggregate total of five thousand dollars ($5,000) or more in gross revenue in this state made through the online marketplace and for which payment was processed by the online marketplace or through a third party.
(3) ONLINE MARKETPLACE. Any person or entity that operates a consumer-directed electronically based or accessed platform that does all of the following:
a. Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipment, or delivery of a consumer product within this state.
b. Is used by one or more third-party sellers.
c. Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(4) SELLER. A person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace’s platform.
(5) THIRD-PARTY SELLER. Any seller, independent of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace. The term does not include, with respect to an online marketplace, any of the following:
a. A seller that operates the online marketplace’s platform.
b. A business entity that has all of the following:
1. Made available to the general public the entity’s name, business address, and working contact information.
2. An ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.
3. Provided to the online marketplace the identity information required under Section 8-41-2(a) that has been verified in accordance with Section 8-41-2(d).
(6) VERIFY. To confirm information and documents provided to an online marketplace, pursuant to this chapter, through the use of one or more methods that enable an online marketplace to reliably determine that any information and documents provided are valid, correspond to the seller or an individual acting on the seller’s behalf, are not misappropriated, and are not falsified.
","history":"(Act 2022-441, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5526,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5406,"codeId":55305,"versionId":48333,"parentId":55303,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-41-2","shortTitle":"Section 8-41-2","catchLine":"Information Required from High-Volume Third Party Sellers; Duties of Online Marketplace.","title":"Section 8-41-2 Information Required from High-Volume Third Party Sellers; Duties of Online Marketplace.","sectionRange":null,"content":"(a) An online marketplace shall require any high-volume third-party seller on its platform, not later than 10 days after qualifying as such, to provide all of the following information to the online marketplace:
(1) A bank account number or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third-party seller. This information may be provided by the high-volume third-party seller to the online marketplace or to a third party contracted by the online marketplace to maintain the information; provided, however, that the online marketplace ensures that it can obtain the information on demand from the third party.
(2) Contact information, which shall include either of the following:
a. If the high-volume third-party seller is an individual, the individual’s name.
b. If the high-volume third-party seller is not an individual, either of the following:
1. A copy of a valid government issued identification for an individual acting on behalf of a seller that includes the individual’s name.
2. A copy of a valid government issued record or tax document that includes the business name and physical address of the high-volume third-party seller.
(3) A business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
(4) A current working email address and telephone number for the high-volume third-party seller.
(b) An online marketplace shall do both of the following for each high-volume third-party seller on its platform:
(1) Periodically, but not less than annually, provide notification of the requirement to keep current the information required under subsection (a).
(2) Require the high-volume third-party seller, not later than 10 days after receiving the notice provided under subdivision (1), to submit electronic certification of either of the following:
a. That there have been changes to the information required to be provided under subsection (a). If there have been changes to the information required to be provided, the high-volume third-party seller shall update the information in its certified response.
b. That there have been no changes to the information required to be provided under subsection (a).
(c) In the event that a high-volume third-party seller does not provide the information or certification required under subsection (a) or (b), the online marketplace, after providing the seller with written or electronic notice and an opportunity to provide the information or certification not later than 10 days after the issuance of the notice, shall suspend any future sales activity of the seller until the seller provides the required information or certification.
(d)(1) An online marketplace shall verify both of the following:
a. The information and documents required to be provided under subsection (a) have been received not later than 10 days after receipt of notification under subdivision (b)(1).
b. Any change in the information or to the documents has been received not later than 10 days after being notified of the change by a high-volume third-party seller under subsection (b).
(2) If a high-volume third-party seller provides a copy of a valid government issued tax document, any information contained within the tax document shall be presumed to be verified as of the date the document was issued.
","history":"(Act 2022-441, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5527,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5407,"codeId":55306,"versionId":48334,"parentId":55303,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-41-3","shortTitle":"Section 8-41-3","catchLine":"Disclosure of Identity Information; Grounds for Suspension of Future Sales Activity.","title":"Section 8-41-3 Disclosure of Identity Information; Grounds for Suspension of Future Sales Activity.","sectionRange":null,"content":"(a) Except as provided in subsection (b), an online marketplace shall require any high-volume third-party seller with an aggregate total of twenty thousand dollars ($20,000) or more in annual gross revenues on its platform to provide to the online marketplace and disclose to consumers in a clear and conspicuous manner all of the following identity information:
(1) The full name of the high-volume third-party seller, including the company name or the name by which the seller or company operates on the online marketplace.
(2) The physical address of the high-volume third-party seller.
(3) Contact information for the high-volume third-party seller that will allow for direct unhindered communication with the seller by consumers of the online marketplace, including one or more of the following:
a. A current working telephone number.
b. A current working email address.
c. Other means of direct electronic messaging, which may be provided by the online marketplace; provided, however, that the requirements of this paragraph shall not prohibit the online marketplace from preventing actual fraud, abuse, or spam through the communication.
(4) Whether the high-volume third-party seller used a different seller to supply the product to the consumer upon purchase and, upon the request of an authenticated purchaser, the information described in subdivisions (1) through (3) relating to the different seller that is different than the high-volume third-party seller listed on the product listing page prior to purchase. The identity information of the different seller shall be provided on the product listing page, directly, via hyperlink, or, after the purchase is finalized, in the order confirmation message or other document or communication made to a consumer and in the consumer’s account transaction history.
(b) Upon the request of a high-volume third-party seller, an online marketplace may provide for partial disclosure of the identity information required under subsection (a) if the high-volume third-party seller certifies to the online marketplace that any of the following apply:
(1) The seller does not have a business address and only has a residential street address, or has a combined business and residential address. If this subdivision is applicable, the online marketplace shall do both of the following:
a. Disclose only the country and, if applicable, the city and state in which the seller resides.
b. Inform consumers that there is no business address available for the high-volume third-party seller and that consumer inquiries should be submitted to the seller by telephone, email, or other means of electronic messaging provided to the seller by the online marketplace.
(2) The seller is a business that has a physical address for product returns. If this subdivision is applicable, the online marketplace shall disclose the seller’s physical address for product returns.
(3) The seller does not have a telephone number other than a personal telephone number. If this subdivision is applicable, the online marketplace shall inform consumers that there is no telephone number available for the seller and that consumer inquiries should be submitted to the seller’s email address or other means of electronic messaging provided to the seller by the online marketplace.
(c)(1) Subject to subdivision (3), an online marketplace shall suspend any future sales activity of a high-volume third-party seller if the online marketplace becomes aware of either of the following:
a. That the high-volume third-party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure of the identity information under subsection (b).
b. That the high-volume third-party seller that has requested and received a provision for a partial disclosure has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by telephone, email, or other means of electronic messaging provided to the seller by the online marketplace.
(2) Prior to any suspension under this subsection, the online marketplace shall provide the high-volume third-party seller with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of the notice.
(3) A high-volume third-party seller may avoid suspension under this subsection by consenting to the disclosure of the identity information required under subsection (a).
(d) If a high-volume third-party seller does not comply with the requirements to provide and disclose information under this section, then, after providing the seller with written or electronic notice and an opportunity to provide or disclose the information not later than 10 days after the issuance of the notice, the online marketplace shall suspend any future sales activities of the seller until the seller complies with the requirements.
","history":"(Act 2022-441, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5528,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5408,"codeId":55307,"versionId":48335,"parentId":55303,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-41-4","shortTitle":"Section 8-41-4","catchLine":"Disclosure of Reporting Mechanisms.","title":"Section 8-41-4 Disclosure of Reporting Mechanisms.","sectionRange":null,"content":"An online marketplace shall disclose to consumers in a clear and conspicuous manner, on the product listing of any high-volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
","history":"(Act 2022-441, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5529,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5409,"codeId":55308,"versionId":48336,"parentId":55303,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-41-5","shortTitle":"Section 8-41-5","catchLine":"Use of Information or Documents; Security Procedures.","title":"Section 8-41-5 Use of Information or Documents; Security Procedures.","sectionRange":null,"content":"(a) Information or documents collected solely to comply with the requirements of this chapter shall not be used for any other purpose unless required by law.
(b) An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the information or documents collected to comply with the requirements of this chapter from unauthorized use, disclosure, access, destruction, or modification.
","history":"(Act 2022-441, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5530,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5410,"codeId":55309,"versionId":48337,"parentId":55303,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-41-6","shortTitle":"Section 8-41-6","catchLine":"Violations.","title":"Section 8-41-6 Violations.","sectionRange":null,"content":"A violation of any provision of this chapter shall be actionable as a violation of the Deceptive Trade Practices Act, enforceable by the Attorney General or any district attorney.
","history":"(Act 2022-441, §6(a).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5531,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5411,"codeId":55310,"versionId":48338,"parentId":55303,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-41-7","shortTitle":"Section 8-41-7","catchLine":"Relation to Simplified Use Tax Remittance Program.","title":"Section 8-41-7 Relation to Simplified Use Tax Remittance Program.","sectionRange":null,"content":"Nothing in this chapter shall be construed as imposing any requirement, qualification, or condition for an online marketplace to be eligible to participate in the state Simplified Use Tax Remittance Program, as defined under Section 40-23-191.
","history":"(Act 2022-441, §6(b).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5532,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5412,"codeId":58519,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"42","shortTitle":"Chapter 42","catchLine":"Residential Real Estate Transactions.","title":"Chapter 42 Residential Real Estate Transactions.","sectionRange":"§8-42-1 to §8-42-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5533,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5413,"codeId":58520,"versionId":50511,"parentId":58519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-42-1","shortTitle":"Section 8-42-1","catchLine":"Legislative Findings.","title":"Section 8-42-1 Legislative Findings.","sectionRange":null,"content":"The Legislature finds and declares all of the following:
(1) Wholesaling real property occurs when a buyer enters into a contract for purchase and sale of a single-family residential property with the seller of the property thereby creating the buyer’s equitable interest in the property, the buyer then finds a subsequent purchaser willing to pay a higher price for the property and then assigns its interest to the subsequent purchaser for a fee.
(2) Certain unfair service agreements provide a real estate company with the right to market, list, or assist in selling a residential property for up to 40 years, binding homeowners and successors in interest through a recorded memorandum and penalizing the homeowner or successor in interest for breach of the agreement.
(3) The practices of wholesaling residential real estate, and recording these unfair service agreements, pose a significant risk to Alabama homeowners if left unregulated.
(4) The lack of any restrictions enables predatory practices against homeowners, especially those who have lived in a home for a long period of time, leading to financial loss and resulting in confusion for unsuspecting subsequent purchasers.
(5) The Legislature concludes the following in the interest of protecting Alabama homeowners and home buyers:
a. Disclosure of the limited interest, marketing, and assignment of the buyer’s equitable interest in the homeowner’s property should be required of buyers engaging in wholesaling.
b. Unfair service agreements create clouds on the titles of Alabama homes and burden Alabama homeowners with false promises, are against the public interest, and constitute unreasonable restraints on the alienation of real property.
","history":"(Act 2023-201, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5534,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5414,"codeId":58521,"versionId":50512,"parentId":58519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-42-2","shortTitle":"Section 8-42-2","catchLine":"Assignment of Equitable Interest in Single-Family Residential Property; Disclosure Requirements.","title":"Section 8-42-2 Assignment of Equitable Interest in Single-Family Residential Property; Disclosure Requirements.","sectionRange":null,"content":"(a) A person may acquire an equitable interest in a single-family residential property as the buyer under a contract for the purchase and sale of the property and then may assign or offer to assign the interest for a fee if the buyer discloses in writing all of the following:
(1) To any potential subsequent purchaser or assignee, the nature of the buyer’s equitable interest.
(2) To the seller of the property, the buyer’s intent to market its equitable interest prior to commencing any marketing of the property.
(3) To the seller of the property, the effective date of any assignment of the buyer’s interest to a subsequent purchaser of the property at least three business days prior to the effective date of any assignment.
(b) Written disclosure under subsection (a) shall be required for the intent to market and transfer an equitable interest in residential real property, as limited by subsection (d), whether by assignment, novation, or other similar method of transferring interest in real property.
(c)(1) A violation of this section is a Class C misdemeanor.
(2) In addition to criminal penalties, a person violating this section may be liable to the person to whom disclosure is required in an amount equal to three times the fee or amount received by the buyer pursuant to the assignment.
(d) This section shall only apply to transactions involving single-family residential property and shall not apply to any other property.
(e) This section shall not infringe on the right of the parties to otherwise agree by contract.
","history":"(Act 2023-201, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5535,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5415,"codeId":58522,"versionId":50513,"parentId":58519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-42-3","shortTitle":"Section 8-42-3","catchLine":"Application of Chapter; Liens; Unfair Service Agreements.","title":"Section 8-42-3 Application of Chapter; Liens; Unfair Service Agreements.","sectionRange":null,"content":"(a) For purposes of this section the following terms have the following meanings:
(1) RECORDING. Presenting a document to a county judge of probate for official placement in the public land records.
(2) RESIDENTIAL REAL ESTATE. Real property located in this state which is used primarily for a dwelling and contains one to four dwelling units.
(3) SERVICE AGREEMENT. A contract under which a person agrees to provide services in connection with the purchase or sale of residential real estate.
(4) SERVICE PROVIDER. An individual or entity that provides services to another party under a service agreement.
(5) UNFAIR SERVICE AGREEMENT. A service agreement in which the services subject to the agreement are not performed within one year after the date upon which the agreement commences and provides any of the following:
a. Purports to run with the land or to be binding on future owners of interests in the real property.
b. Allows for assignment of the right to provide the service without notice and agreement of the owner of residential real estate.
c. Purports to create a lien, encumbrance, or other real property security interest.
(b) This chapter does not apply to any of the following:
(1) A home warranty or other type of similar product that covers the cost of maintenance of a major housing system, such as plumbing or electrical wiring, for a set period of time from the date a house is sold.
(2) An insurance contract.
(3) An option to purchase or right of refusal to purchase real estate.
(4) A maintenance or repair agreement entered into by a homeowners’ association in a common interest community.
(5) Agreements to manage residential real estate.
(6) A declaration of any covenants, conditions, or restrictions created in the formation of a homeowners’ association, a group of condominium owners, or other common interest community, or an amendment to the declaration.
(7) A mortgage loan or commitment to make or receive a mortgage loan.
(8) A security agreement under Alabama’s Uniform Commercial Code, relating to the sale or rental of personal property or fixtures.
(9) Water, sewer, electrical, telephone, cable, or other regulated utility service providers.
(c) This section does not impair the rights granted by a mechanic’s or materialman’s lien under Division 8 of Article 5 of Chapter 11 of Title 35 or by another judicially imposed lien.
(d) If a service agreement is unfair under this section, it is unenforceable.
(e) If a person enters into an unfair service agreement with a consumer, that agreement shall be deemed a deceptive act under the Deceptive Trade Practices Act, commencing with Section 8-19-1.
(f)(1) No person shall record or cause to be recorded an unfair service agreement, or notice or memorandum of an unfair service agreement in the state.
(2) If an unfair service agreement is recorded in this state, it shall not provide actual or constructive notice against an otherwise bona fide purchaser of the residential real property to which it pertains, or against a creditor with a security interest in the residential real property to which it pertains.
(3) A service provider who records or causes to be recorded an unfair service agreement or notice or memorandum thereof in this state is liable to an affected party in the amount of ten thousand dollars ($10,000) in statutory damages.
(g) If an unfair service agreement, or notice or memorandum of an unfair service agreement, is recorded in the state, any party with an interest in the residential real property to which it pertains may take either or both of the following actions:
(1) Apply to the circuit court in the county where the recording exists to seek a court order declaring the agreement is void and of no effect.
(2) In addition to the statutory damages described in subdivision (f)(3), recover actual damages, plus costs and attorney fees as may be proven against the service provider who recorded the agreement.
","history":"(Act 2023-201, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5536,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5416,"codeId":60094,"versionId":null,"parentId":8,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"43","shortTitle":"Chapter 43","catchLine":"Alabama Genetic Data Privacy Act.","title":"Chapter 43 Alabama Genetic Data Privacy Act.","sectionRange":"§8-43-1 to §8-43-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5537,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5417,"codeId":60095,"versionId":52200,"parentId":60094,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-43-1","shortTitle":"Section 8-43-1","catchLine":"Short Title.","title":"Section 8-43-1 Short Title.","sectionRange":null,"content":"This chapter shall be known as the “Alabama Genetic Data Privacy Act.”","history":"(Act 2024-384, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5538,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5418,"codeId":60096,"versionId":52201,"parentId":60094,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-43-2","shortTitle":"Section 8-43-2","catchLine":"Definitions.","title":"Section 8-43-2 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following words have the following meanings:
(1) BIOLOGICAL SAMPLE. Any human material known to contain DNA, including, but not limited to, tissue, saliva, blood, or urine.
(2) CONSUMER. Any individual who is an Alabama resident.
(3) CONTRACTOR. A person that contracts with a genetic testing company to provide a service necessary to the genetic testing company’s consumer products or services which requires possession of a consumer’s biological sample or genetic data, including laboratory facilities for genetic testing.
(4) DEIDENTIFIED DATA. Genetic data possessed by a genetic testing company which cannot be used to infer information about, or otherwise be linked to, an identifiable consumer and which either meets the requirements for deidentification of genetic data set forth in 45 C.F.R. § 164.514 or is subject to the following:
a. Administrative and technical measures put in place by the genetic testing company to ensure that the data cannot be associated with an identified consumer.
b. A public commitment by the genetic testing company to undertake all of the following:
1. Maintain and use the data only in a deidentified form.
2. Prohibit any attempts to reidentify the data.
3. Take legal action to enforce contractual obligations that prohibit any recipient of the data from attempting to reidentify the data.
(5) DNA. Deoxyribonucleic acid.
(6) EXPRESS CONSENT. A consumer’s acknowledgment or permission, in writing or captured electronically, to a clear, meaningful, and prominent written notice regarding the collection, use, retention, or disclosure of the consumer’s biological sample or genetic data for a specific purpose.
(7) GENETIC DATA. a. Any data derived from analysis of a biological sample which concerns a consumer’s genetic characteristics and which may include, but is not limited to, any of the following formats or sources:
1. Raw data that results from sequencing all or a portion of a consumer’s extracted DNA.
2. Genotypic and phenotypic information obtained from analyzing a consumer’s raw sequence data.
3. Health information self-reported by the consumer to a genetic testing company to be used by the company in connection with analyzing the consumer’s raw sequence data or for product development or scientific research.
b. Genetic data does not include deidentified data.
(8) GENETIC TESTING. Laboratory testing of a consumer’s biological sample to analyze DNA, including, but not limited to, chromosomes and single nucleotide polymorphisms in order to derive and interpret genetic data.
(9) GENETIC TESTING COMPANY or COMPANY. Any person, other than a health care provider, who directly solicits a biological sample from a consumer for analysis in order to provide products or services to the consumer which include disclosure of information that may include, but is not limited to, the following:
a. The genetic link of the consumer to certain population groups based on ethnicity, geography, or anthropology.
b. The probable relationship of the consumer to other individuals based on matching DNA for purposes that include genealogical research.
c. Recommendations to the consumer for managing wellness which are based on physical or metabolic traits, lifestyle tendencies, or disease predispositions that are associated with genetic markers present in the consumer’s DNA.
(10) HEALTH CARE PROVIDER. Any hospital, as defined in Section 22-21-20, licensed by the Alabama Department of Public Health, and any physician, nurse, or other licensed medical practitioner, whether in individual, group, professional corporation, or professional association practice, which provides diagnostic services or treatment for a patient of the hospital, physician, nurse, or other licensed medical practitioner.
","history":"(Act 2024-384, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5539,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5419,"codeId":60097,"versionId":52202,"parentId":60094,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-43-3","shortTitle":"Section 8-43-3","catchLine":"Policies and Procedures Governing the Collection, Use, Maintenance, and Disclosure of Genetic Data; Consumer Consent Requirements.","title":"Section 8-43-3 Policies and Procedures Governing the Collection, Use, Maintenance, and Disclosure of Genetic Data; Consumer Consent Requirements.","sectionRange":null,"content":"(a)(1) A genetic testing company shall prominently display to a consumer complete information regarding the company’s policies and procedures governing the collection, use, maintenance, and disclosure of genetic data in plain language, including all of the following:
a. A privacy policy overview that includes basic information about the company’s collection, use, or disclosure of genetic data.
b. A privacy policy notice that sets forth the complete text of the company’s collection, consent, use, access, disclosure, transfer, security, retention, and deletion policies or practices.
c. A clear and complete notice that the consumer’s genetic data may be included in deidentified data shared or disclosed by the company to a third party for research in compliance with the U.S. Department of Health and Human Services policy for the protection of human subjects, 45 C.F.R. Part 46.
d. A clear description of how to file a complaint alleging a violation of this chapter.
(2) A genetic testing company shall obtain the consumer’s initial express consent for all of the following:
a. Use of the biological sample and resulting genetic data to provide the product or service ordered by the consumer.
b. Identification of who may have access to the biological sample, genetic data, and test results, including a contractor, in order to fulfill the consumer’s order.
c. Permission to retain the biological sample and genetic data for future testing for other products or services offered by the company.
d. Acknowledgment that the company may seek express consent in the future to transfer the biological sample or disclose the genetic data to a third party other than a contractor for a reason other than fulfillment of an order for the company’s products or services.
(3) A genetic testing company shall obtain the consumer’s express consent every time the company does any of the following:
a. Transfers the biological sample or discloses the genetic data to a third party other than a contractor for a reason other than fulfillment of an order for the company’s products or services.
b. Uses the biological sample or genetic data for a purpose other than the company’s products or services ordered by the consumer.
c. Markets to a consumer based on the consumer’s genetic data, or markets to a consumer by a third party based on the consumer having ordered or purchased a genetic testing product or service. Marketing does not include the provision of customized content or offers on websites or through the applications or services provided by the direct-to-consumer genetic testing company with the first-party relationship to the consumer.
(4) A genetic testing company shall obtain the consumer’s informed consent to transfer the biological sample or disclose the consumer’s genetic data in compliance with 45 C.F.R. Part 46, in the following cases:
a. For independent research conducted by a third party.
b. For research conducted under the sponsorship of the genetic testing company for the purpose of product or service research and development, scientific publication, or promotion of the company.
(5)a. A genetic testing company shall provide a process for the consumer to do all of the following:
1. Access the consumer’s genetic data.
2. Delete the consumer’s account.
3. Request the destruction of the consumer’s biological sample and genetic data.
4. Revoke any express or informed consent given.
b. 1. If the consumer requests the destruction of the consumer’s biological sample and genetic data, the company shall comply with the request as soon as reasonably possible, but no more than 30 days after the request is made.
2. If the consumer revokes any express or informed consent given that resulted in the transfer of the consumer’s biological sample or disclosure of the consumer’s genetic data to a third party, the company shall secure the return of the biological sample and the genetic data as soon as reasonably possible, but no more than 60 days after the revocation is tendered.
(b) A genetic testing company may disclose a consumer’s genetic data to any law enforcement agency pursuant to a valid legal process. When a law enforcement agency requests data from a genetic testing company, the company shall not disclose the existence of the valid legal process or the fact of the company’s compliance specifically to the party to whom the valid legal process pertains. Nothing in this subsection shall prevent a company from publishing a transparency report that details the number and types of law enforcement requests received and the number of times categories of information are shared, nor prevent a company from complying with other laws or policies, including a company’s privacy policy.
(c) A genetic testing company may not do any of the following without a consumer’s express written consent:
(1) Disclose a consumer’s genetic data to any person issuing health, life, disability, or long-term care insurance.
(2) Disclose a consumer’s genetic data to any employer or prospective employer of the consumer.
","history":"(Act 2024-384, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5540,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5420,"codeId":60098,"versionId":52203,"parentId":60094,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-43-4","shortTitle":"Section 8-43-4","catchLine":"Confidentiality of Consumers’ Genetic Information.","title":"Section 8-43-4 Confidentiality of Consumers’ Genetic Information.","sectionRange":null,"content":"(a) A contract between the genetic testing company and a contractor shall prohibit the contractor from using, retaining, or disclosing any biological sample, extracted genetic material, genetic data, or information identifying the consumer for any purpose other than performing the service specified in the contract.
(b) A contractor shall be subject to the same confidentiality obligation as the company, consistent with each express consent given or withheld by a consumer with respect to using, retaining, or disclosing the consumer’s biological sample, extracted genetic material, genetic data, or information identifying the consumer.
","history":"(Act 2024-384, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5541,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5421,"codeId":60099,"versionId":52204,"parentId":60094,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-43-5","shortTitle":"Section 8-43-5","catchLine":"Applicability of Chapter.","title":"Section 8-43-5 Applicability of Chapter.","sectionRange":null,"content":"This chapter does not apply to any of the following:
(1) A covered entity or business associate as those terms are defined in 45 C.F.R. Parts 160 and 164.
(2) The collection, use, or retention of biological samples or genetic data for noncommercial purposes, including for research and instruction, by a public or private institution of higher learning or any entity owned or operated by a public or private institution of higher learning.
(3) Biological samples or genetic data lawfully obtained by law enforcement pursuant to a criminal investigation.
","history":"(Act 2024-384, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5542,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5422,"codeId":60100,"versionId":52205,"parentId":60094,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"8-43-6","shortTitle":"Section 8-43-6","catchLine":"Violations; Enforcement.","title":"Section 8-43-6 Violations; Enforcement.","sectionRange":null,"content":"(a) Any consumer may report a violation of this chapter to the the Consumer Interest Division of the Office of the Attorney General.
(b) The Consumer Interest Division of the Office of the Attorney General may enforce this chapter by a civil action in circuit court to enjoin any practice or conduct in violation of this chapter or to recover a civil penalty of up to three thousand dollars ($3,000) for each violation.
(c) Any civil penalty and costs may be waived if the genetic testing company or contractor has made full restitution or has paid actual damages to any consumer who has been injured by a violation of this chapter.
(d) In any settlement of a claim or civil action resulting from a violation of this chapter, the Office of the Attorney General shall receive reasonable attorney fees and costs.
","history":"(Act 2024-384, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5543,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5423,"codeId":9,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"9","shortTitle":"Title 9","catchLine":"Conservation and Natural Resources.","title":"Title 9 Conservation and Natural Resources.","sectionRange":null,"content":null,"history":null,"numChildren":34,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5556,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5424,"codeId":19893,"versionId":null,"parentId":9,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"General Provisions.","title":"Chapter 1 General Provisions.","sectionRange":"§9-1-1 to §9-1-6","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5557,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5425,"codeId":19895,"versionId":29915,"parentId":19893,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-1-1","shortTitle":"Section 9-1-1","catchLine":"Making False Statement to Officer Issuing License.","title":"Section 9-1-1 Making False Statement to Officer Issuing License.","sectionRange":null,"content":"Any person who willfully or knowingly makes to any officer authorized to issue a hunting, fishing, fur-bearing animal, or seafood license a false statement as to his or her name, age, residence or any other statement relevant to the purchasing of the license, or any person who makes to any officer designated to issue hunting, fishing, fur-bearing animal, or seafood licenses an incorrect statement when purchasing a license for another and makes the statement knowing it to be false shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
","history":"(Acts 1951, No. 357, p. 645, §1; Act 2008-384, p. 714, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5558,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5426,"codeId":19898,"versionId":29916,"parentId":19893,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-1-3","shortTitle":"Section 9-1-3","catchLine":"Lending, Borrowing, Selling, Etc., License.","title":"Section 9-1-3 Lending, Borrowing, Selling, Etc., License.","sectionRange":null,"content":"The lending, borrowing, selling, buying, renting, or using in any way the license of another to hunt, fish, trap, deal in furs, or to take oysters or shrimp shall constitute a misdemeanor and shall be punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
","history":"(Acts 1951, No. 357, p. 645, §3; Act 2008-384, p. 714, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5559,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5427,"codeId":19904,"versionId":30289,"parentId":19893,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-1-4","shortTitle":"Section 9-1-4","catchLine":"Penalty for Violation.","title":"Section 9-1-4 Penalty for Violation.","sectionRange":null,"content":"Unless otherwise provided, a violation of any of the provisions of this title or any rule or regulation of the Department of Conservation and Natural Resources or approved by the Advisory Board of Conservation and Natural Resources shall be a Class C misdemeanor.
","history":"(Code 1923, §§5112, 5120; Acts 1932, Ex. Sess., No. 212, p. 214; Code 1940, T. 8, §13; 2008-384, p. 714, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5560,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5428,"codeId":19909,"versionId":15785,"parentId":19893,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-1-6","shortTitle":"Section 9-1-6","catchLine":"Declaration of Public Policy and Legislative Intent; Measure of Damages for the Unauthorized Removal of Coal; Retroactive Application of Section.","title":"Section 9-1-6 Declaration of Public Policy and Legislative Intent; Measure of Damages for the Unauthorized Removal of Coal; Retroactive Application of Section.","sectionRange":null,"content":"(a) The objective of this section is to specify the measure of damages for the unauthorized removal of coal in Alabama. It is declared that the extraction of coal provides a major present and future source of energy and is an essential and necessary activity which contributes to the economic and material well-being of the state. In the absence of a reasonable measure of damages as specified in this section, confusion could result in the coal industry causing financial distress and unemployment, and may cause the abandonment and prevent the use of many coal mines. This state has a public interest in removing this hazard and precluding this confusion and distress without doing violence to private rights.
(b) The measure of damages in any civil action for the unauthorized extraction, severance, injury or removal of coal from land, including but not limited to, action for trespass or conversion, when the extraction, severance, injury or removal is in good faith shall be the fair market value of the coal in place before severance as of the time of extraction, severance, injury or removal. The fair market value of the coal in place shall be calculated as the royalty rate prevailing at the time and place of severance.
The measure of damages in all other civil actions for the unauthorized extraction, severance, injury or removal of coal from land, including but not limited to, actions for trespass or conversion, shall be the fair market value of the coal after severance, at the time and place of severance, without allowance for labor and expenses.
(c) This article shall apply to causes of action and actions then existing or thereafter arising when this article becomes effective.
","history":"(Acts 1983, No. 83-608, p. 945, §§ 1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5562,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5429,"codeId":19917,"versionId":null,"parentId":9,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"Department of Conservation and Natural Resources.","title":"Chapter 2 Department of Conservation and Natural Resources.","sectionRange":"§9-2-1 to §9-2-170","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5563,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5430,"codeId":19918,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§9-2-1 to §9-2-30","content":null,"history":null,"numChildren":34,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5564,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5431,"codeId":19923,"versionId":15795,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-1","shortTitle":"Section 9-2-1","catchLine":"Created; Seal.","title":"Section 9-2-1 Created; Seal.","sectionRange":null,"content":"There shall be a Department of Conservation and Natural Resources, which shall be an executive and administrative department in order to enable the Governor to exercise a direct and effective control over the natural resources, state parks and historical sites of the state and in order to bring together in one department for purposes of economy and efficiency all matters pertaining to the natural resources, state parks and monuments and historical sites of the state. The Department of Conservation and Natural Resources shall have a seal, which shall be affixed to official acts and deeds of the Department of Conservation and Natural Resources and of the Commissioner of Conservation and Natural Resources by him.
","history":"(Acts 1939, No. 162, p. 255, § 1; Code 1940, T. 8, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5565,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5432,"codeId":19929,"versionId":30526,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-2","shortTitle":"Section 9-2-2","catchLine":"Powers and Duties Generally.","title":"Section 9-2-2 Powers and Duties Generally.","sectionRange":null,"content":"The general functions and duties of the Department of Conservation and Natural Resources shall be as follows:
(1) To protect, conserve, and increase the wildlife of the state and to administer all laws relating to wildlife and the protection, conservation, and increase thereof.
(2) To make exploration, surveys, studies, and reports concerning the wildlife, state parks and monuments and historical sites in the state and to publish such thereof as will be of general interest.
(3) To maintain, supervise, operate, and control all state parks, monuments and historical sites, except Mound State Monument and the First White House of the Confederacy; the serving and employing of attendants for all monuments and historical sites located on state-owned property in the City of Montgomery shall be performed by the Department of Finance.
(4) To maintain, supervise, operate, and control all state lands other than those specifically committed to the use or control of some other department, board, bureau, commission, agency, office, or institution of the state.
(5) To cooperate with and enter into cooperative agreements and stipulations with the Secretary of Agriculture of the United States, other states, or any other federal or state officer or department, board, bureau, commission, agency, or office thereunto authorized with respect to wildlife restoration projects, the carrying on of an educational program in connection therewith, the collection and publication of data with respect to wildlife, state parks and the monuments and historical sites or any other matters committed to the Department of Conservation and Natural Resources by this title or otherwise by law and to make and enforce all regulations and restrictions required for such cooperation, agreements, or stipulations.
(6) To carry on a program of education and public enlightenment with respect to the wildlife and other natural resources, state parks and the monuments and historical sites of Alabama.
(7) To make an annual report to the Governor concerning the activities and accomplishments of the department for the preceding fiscal year.
(8) To recommend to the Legislature such legislation as may be needed further to protect, conserve, increase, or to make available or useful the wildlife and other natural resources, state parks and the monuments and historical sites of Alabama.
","history":"(Acts 1939, No. 162, p. 255, §3; Code 1940, T. 8, §2; Act 2009-724, p. 2165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5566,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5433,"codeId":19935,"versionId":15807,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-3","shortTitle":"Section 9-2-3","catchLine":"Powers and Duties as to State Parks and Parkways, Etc.","title":"Section 9-2-3 Powers and Duties as to State Parks and Parkways, Etc.","sectionRange":null,"content":"The Department of Conservation and Natural Resources, for the purpose of establishing, developing and maintaining state parks and parkways, may acquire land by donation, purchase, condemnation or lease and for these purposes may use such funds as may be available to it and not otherwise obligated and may enter into agreements with the federal government or other agencies for acquiring by lease, purchase or otherwise such lands as in its judgment are desirable for state parks or parkways. As to the purchase of lands, such agreements may provide for a division of the payments over a period of years, in which case the payments may be secured by mortgage; provided, that no liability shall attach to the State of Alabama or any of its departments, boards, bureaus or commissions or any member or official thereof if the security specifically given in any such mortgage is insufficient to pay said mortgage at a forced sale or otherwise. When lands are acquired or leased under this section, the Department of Conservation and Natural Resources is authorized to make expenditures from any funds not otherwise obligated for the management, development and utilization of such areas, to sell or otherwise dispose of products from such lands, to have sole charge of all state parks and parkways and to have authority to make such rules and regulations for the management, administration, occupancy and use of said state parks and parkways and all property and things of whatsoever nature therein or thereon as it shall find necessary. All revenues derived from lands now or later acquired under the provisions of this section, when said lands are owned or acquired under agreement with the federal government, shall be segregated for the use of the Department of Conservation and Natural Resources in the utilization, management, development and use of such lands until all obligations incurred under such agreement have been paid in full and, thereafter, 50 percent of all net profits accruing from the administration of such lands owned or acquired under agreement with the federal government shall be paid into the school fund of the counties in which such lands are located and obligations for the acquisition of the land incurred by the Department of Conservation and Natural Resources pursuant to the terms of any agreement with the federal government shall be paid solely and exclusively from revenues derived from such lands or from such other funds as may be available to the Department of Conservation and Natural Resources and not otherwise obligated, and shall not impose any liability upon the general credit and taxing power of the state.
The Department of Conservation and Natural Resources shall have full power and authority to sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the state to do so in the orderly development and management of state parks and parkways; provided, however, that said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into.
The Department of Conservation and Natural Resources is authorized to make such rules and regulations for the development, maintenance, management and operation of park or parkway enterprises or projects entered upon by the state, counties and municipalities with a view to securing loans or other financial cooperation from any agency of the federal government so as to enable the state, counties and municipalities to obtain such loans or other financial cooperation, and is further authorized to enter into such agreements or commitments as may be required in securing for the state such loans or other financial cooperation and to act in all particulars in behalf of the state in securing for the state or any of its departments, institutions or agencies such loans or other financial cooperation; provided, that such agreements or commitments shall not impose any liability upon the general credit and taxing power of the state beyond that authorized by law.
The Department of Conservation and Natural Resources may employ such officers, assistants and employees as may be necessary and, as to persons employed wholly or in part in carrying out the provisions of cooperative agreements with the federal government or other agencies, for such compensations heretofore or hereafter paid, may use such contributions or receipts as may be derived from the United States or from any private or philanthropic source.
Where any of the lands of the state or of any department, institution or agency of the state are in scattered or noncontiguous tracts, the Department of Conservation and Natural Resources is authorized, subject to the approval of the Governor, to exchange such tracts for others of equal value, privately or publicly owned, to the end that the lands of the state or of any of its departments, institutions or agencies may be better consolidated for economy and efficiency in administration, protection and use and to perform such other duties as may be imposed upon it by law and to do such other things as may be necessary to give full effect to this section and this title.
","history":"(Acts 1935, No. 23, p. 38, §1; Acts 1935, No. 500, p. 1078, §1; Acts 1936-37, Ex. Sess., No. 161, p. 183, §1; Acts 1939, No. 162, p. 255; Code 1940, T. 8, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5567,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5434,"codeId":51457,"versionId":44107,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-3.1","shortTitle":"Section 9-2-3.1","catchLine":"Parking Violations on Property Under Control Control of Department.","title":"Section 9-2-3.1 Parking Violations on Property Under Control Control of Department.","sectionRange":null,"content":"(a) For the purposes of this section, the following terms shall have the following meanings:
(1) DEPARTMENT. The Department of Conservation and Natural Resources.
(2) PROPERTY UNDER THE CONTROL OF THE DEPARTMENT. Property, and any roads or streets on the property, including but not limited to, state parks property; boating access areas, including associated parking lots; wildlife management areas; public fish lake property; and any property controlled, owned, leased, or managed by the department or any of its divisions or the Forever Wild Land Trust.
(b)(1) A person may not park, cause to be parked, or permit a motor vehicle to be parked on any property under the control of the department in violation of a rule adopted by the department.
(2) The presence of an unattended motor vehicle on property under control of the department in violation of a rule of the department shall create a prima facie presumption that the registrant of the motor vehicle committed or authorized the parking violation.
(c)(1) A person in violation of subsection (b) shall be issued a Uniform Traffic Ticket and Complaint (UTTC) by a special officer appointed by the department for the enforcement of this section as provided in Section 32-5-310. Notwithstanding Section 32-5-310, or any other provision of law, a special officer of the department is not required to be certified by the Alabama Peace Officers’ Standards and Training Commission. A copy of the UTTC shall be left on the motor vehicle and mailed, by regular mail, to the registered owner of the motor vehicle.
(2) District courts shall have exclusive jurisdiction of violations of this section.
(d)(1) Except as provided in subdivision (2), a fine for a violation under this section shall be fifty dollars ($50).
(2) A fine for a violation of subsection (a) in a handicapped parking space shall be two hundred fifty dollars ($250).
(3) No court costs shall be assessed for a violation under this section.
(4) Fifty percent of the fines collected under this subsection shall be deposited into the Department of Conservation Administrative Fund to be used by the department. Fifty percent of the fines collected shall be deposited into the Clerk’s Judicial Administration Fund.
(e) A motor vehicle parked on property controlled by the department in violation of this section may be removed as provided in Section 32-13-2.
(f) A UTTC issued pursuant to this section shall be subject to all procedures and provisions of Rule 19 of the Alabama Rules of Judicial Administration, as adopted by the Alabama Supreme Court, unless expressly provided otherwise in this section.
(g) The court may suspend the driver’s license of a person who fails to pay a fine pursuant to this section as provided in Rule 26.11 of the Alabama Rules of Criminal Procedure.
(h) The department shall adopt rules for the implementation and administration of this section.
","history":"(Act 2019-442, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5568,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5435,"codeId":19940,"versionId":15811,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-4","shortTitle":"Section 9-2-4","catchLine":"Powers and Duties as to Seafoods, Etc.","title":"Section 9-2-4 Powers and Duties as to Seafoods, Etc.","sectionRange":null,"content":"(a) The Department of Conservation and Natural Resources shall have full jurisdiction and control of all seafoods existing or living in the waters of Alabama and of all public and natural oyster reefs and oyster bottoms of the State of Alabama, and it shall ordain, promulgate and enforce all rules, regulations and orders deemed by it to be necessary for the protection, propagation or conservation of the same.
(b) The Department of Conservation and Natural Resources may by order duly made and published prescribe the manner of taking or catching, the time when and designate the places from which seafoods may or may not be taken or caught during certain periods of the year, or entirely, as it may deem to be for the best interest of the seafood industry.
(c) It shall have full authority to prohibit the catching or taking of oysters from reefs designated by it by order duly made and promulgated during the entire open season or any part thereof and may open and close said reefs or portions thereof to tonging or dredging, or both, and at any time deemed by it to be to the best interest of the public welfare.
(d) It shall receive and audit the accounts of oysters bought and caught of all canners and dealers and the accounts of all inspectors, employees and members of said department and of all expenses incident to carrying into effect this title, and shall see that all privilege taxes and license fees are paid, that the inspectors and other officers and employees faithfully discharge their duties and that all provisions of this title are properly complied with and enforced, and the Commissioner of Conservation and Natural Resources shall hear the complaints of any person aggrieved by the action of any officer.
(e) It shall have authority to cooperate with the commissioner of the Bureau of Fisheries of the Department of Commerce of the United States government in the carrying out of the provisions of any act of Congress for the sale, distribution or propagation of all seafoods and the extension of the producing areas thereof.
(f) It shall have authority to make rules and regulations requiring all catchers, factories, purchasers, dealers or any persons dealing in shrimp and oysters to make reports to the department containing the number of barrels caught or sold and any other information said department may require; to designate the dates for opening and closing of the seasons for catching shrimp and the waters from which the same may be taken; to cause surveys to be made of the coastal regions of the State of Alabama for the purpose of determining the economic soundness of the development of the oyster industry in the location; and to make plans and estimates of the cost of such developments and improvements and in connection therewith to enter on any lands, waters and premises for the purpose of making such surveys, soundings and examinations.
","history":"(Acts 1935, No. 226, p. 618, §10; Acts 1936-37, Ex. Sess., No. 169, p. 192, §3; Acts 1939, No. 162, p. 255; Code 1940, T. 8, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5569,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5436,"codeId":19949,"versionId":15819,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-5","shortTitle":"Section 9-2-5","catchLine":"Commissioner of Conservation and Natural Resources - Qualifications, Appointment, Term of Office, Oath, and Bond.","title":"Section 9-2-5 Commissioner of Conservation and Natural Resources - Qualifications, Appointment, Term of Office, Oath, and Bond.","sectionRange":null,"content":"The Department of Conservation and Natural Resources shall be headed by and shall be under the direction, supervision and control of an officer who shall be known and designated as the Commissioner of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall be the advisor of the Governor and the Legislature in matters relating to the wildlife and other natural resources and the state parks and monument and historical sites of the State of Alabama and the discovery, development, protection and conservation thereof. He shall be responsible to the Governor for the administration of the Department of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall be appointed and shall hold office at the pleasure of the Governor. Vacancies for any reason shall be filled in the same manner as original appointments are made. Before entering upon the discharge of his duties, the Commissioner of Conservation and Natural Resources shall take the constitutional oath of office and shall give bond in such penalty as may be fixed by the Governor, but such penalty shall not be less than $10,000.00 conditioned upon the faithful discharge of his duties. The premiums on such bond shall be paid out of the State Treasury. The Commissioner of Conservation and Natural Resources shall devote full time to his office and shall not hold another office under the government of the United States or under any other state or of this state or any political subdivision thereof during his 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 his duties as Commissioner of Conservation and Natural Resources under the provisions of this title.
","history":"(Acts 1939, No. 162, p. 255, §6; Code 1940, T. 8, §5; Acts 1951, Ex. Sess., No. 9, p. 175, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5570,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5437,"codeId":19952,"versionId":15822,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-6","shortTitle":"Section 9-2-6","catchLine":"Commissioner of Conservation and Natural Resources - Powers and Duties Generally.","title":"Section 9-2-6 Commissioner of Conservation and Natural Resources - Powers and Duties Generally.","sectionRange":null,"content":"All functions and duties of the Department of Conservation and Natural Resources shall be exercised by the Commissioner of Conservation and Natural Resources acting by himself or by and through such administrative divisions or such officers or employees as he may designate. The Commissioner of Conservation and Natural Resources shall have all power and authority necessary or convenient to carry out the functions and duties of the Department of Conservation and Natural Resources. In the performance of such functions and duties and in the exercise of such powers and authorities, the Commissioner of Conservation and Natural Resources and all other officers and employees of the Department of Conservation and Natural Resources shall, however, be subject to all legal restrictions, limitations and conditions and penalties, civil and criminal, with respect to the performance of such functions and duties and the exercise of such powers and authorities.
","history":"(Acts 1939, No. 162, p. 255, § 7; Code 1940, T. 8, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5571,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5438,"codeId":19960,"versionId":30527,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-7","shortTitle":"Section 9-2-7","catchLine":"Commissioner of Conservation and Natural Resources - Powers and Duties as to Game, Fish and Seafood Generally.","title":"Section 9-2-7 Commissioner of Conservation and Natural Resources - Powers and Duties as to Game, Fish and Seafood Generally.","sectionRange":null,"content":"(a) The Commissioner of Conservation and Natural Resources may enforce and administer all laws providing for the preservation, protection, propagation, and development of wild birds, wild fur-bearing animals, game fish, saltwater fish, shrimp, oysters and other shellfish, crustaceans and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership, except as otherwise provided.
(b) The commissioner is empowered to do all of the following:
(1) To formulate a state wildlife policy.
(2) To fix open seasons during which game birds, game, and fur-bearing animals may be taken.
(3) To fix daily and season bag limits on game birds and game animals.
(4) To designate by name what species of fish shall be game fish.
(5) To fix daily creel limits on game fish.
(6) To regulate the manner, means, and devices for catching or taking game fishes, game birds, game, and fur-bearing animals and the manner, means, and devices for catching or taking all other species of fish not designated as game fish.
(7) To close the season of any species of game in any county or area when, upon a survey by the department, it is found necessary to the conservation and perpetuation of such species and to reopen such closed season when it is deemed advisable.
(8) To designate by name what animals shall be classed as game or fur-bearing animals and the time, manner, means, and devices for taking same.
(9) To introduce desirable species of game, fish, and birds.
(10) To suspend, revoke, or reinstate, pursuant to the terms of any agreements entered into pursuant to subdivision (5) of Section 9-2-2, a hunting, fishing, trapping, or other license or privilege, issued or regulated by the department.
","history":"(Acts 1935, No. 240, p. 632, §§11, 14; Acts 1939, No. 162, p. 255, §11; Code 1940, T. 8, §17; Act 2009-724, p. 2165, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5572,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5439,"codeId":19964,"versionId":15830,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-8","shortTitle":"Section 9-2-8","catchLine":"Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations as to Game, Fish and Seafood; Publication and Distribution of Laws, Etc.","title":"Section 9-2-8 Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations as to Game, Fish and Seafood; Publication and Distribution of Laws, Etc.","sectionRange":null,"content":"The Commissioner of Conservation and Natural Resources is authorized to make and promulgate such reasonable rules and regulations not in conflict with the provisions of the game and fish laws as he may deem for the best interest of the conservation, protection and propagation of wild game, birds, animals, fish and seafoods, which rules and regulations shall have the effect of law; provided, that the Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper industry or which will interfere with the operation of any industrial plant or plants or any industrial operation. The Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper or interfere with the construction of dams built for impounding private waters as defined by the legislature or which will hamper or interfere with the catching, the marketing, the sale or resale or buying of the fish crop or any fish caught or taken from private waters as defined by the Legislature or which will in any way hamper or interfere with the maximum development of private waters as a source of food, farm income and recreation in the State of Alabama. The Commissioner of Conservation and Natural Resources shall publish in pamphlet form for general distribution all laws together with such rules and regulations relating to game, birds, fish, fur bearers, seafoods and other matters over which such Commissioner of Conservation and Natural Resources has authority or supervision. Such pamphlet so published shall be received in evidence without further proof of such rules and regulations in any court of this state.
","history":"(Acts 1935, No. 240, p. 632, §§ 20, 23; Code 1940, T. 8, §21; Acts 1943, No. 531, p. 505, § 1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5573,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5440,"codeId":19969,"versionId":15835,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-9","shortTitle":"Section 9-2-9","catchLine":"Commissioner of Conservation and Natural Resources - Powers and Duties as to State Parks, Etc., Generally.","title":"Section 9-2-9 Commissioner of Conservation and Natural Resources - Powers and Duties as to State Parks, Etc., Generally.","sectionRange":null,"content":"The Commissioner of Conservation and Natural Resources, acting through the Division of Parks, shall have the following powers and authorities:
(1) To acquire in the name of the State of Alabama by purchase, lease, agreement, license, condemnation or otherwise land deemed necessary or desirable to be preserved, improved, protected and maintained as a part of the state park system and to accept in his discretion, in fee or otherwise, land donated, entrusted, conveyed or devised to the state for like purposes and with like discretion to accept gifts, contributions or bequests of money or other personal property of value to be used or expended for the benefit of the state park system;
(2) To contract and make cooperative agreements with the federal government and with states, counties, municipalities, corporations, associations or individuals for the purpose of acquiring, planning, establishing, developing, utilizing, operating, protecting or maintaining any public park, parkway, monument or historic site;
(3) To construct and operate suitable public service privileges and conveniences on any land embraced within the state park system and to charge and collect reasonable fees for the use of the same and in his discretion to enter into contracts for the operation of any such privilege or convenience and to enter into contracts with any person or corporation engaged in the business of supplying the public with water for commercial, industrial or domestic consumption, granting the right to construct a dam across any stream lying wholly or partially in any state park with the buildings, works and lines necessary and convenient to impound the flow of any such stream, to overflow such lands as may be necessary and to conduct such flow through and out of such park and granting such person or corporation the right to use the flow of such stream for such purposes upon such terms and conditions as are deemed to be in the public interest. All money derived from any such privilege, convenience or contract together with such sums as may otherwise be derived from the operation of the state park system shall be paid into the Treasury to the credit of the State Park Fund created in this title;
(4) To establish and promulgate and from time to time alter, amend or repeal rules and regulations governing the preservation, protection and use of the state park system and the property thereon and to preserve the peace therein. Any person who violates any rule or regulation so established and promulgated shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both, and may be adjudged to pay all costs of the proceedings. The Director of the Division of Parks shall have and he is hereby vested with full police power to prefer charges against and to make arrests of any person or persons violating any such rule or regulation. The Commissioner of Conservation and Natural Resources shall have full authority to designate any other employee or employees of the said Division of Parks as deputy police officers, who shall have full authority to prefer charges against or to make arrests of any person or persons violating any rule or regulation established or promulgated by the Commissioner of Conservation and Natural Resources;
(5) To initiate and conduct a public program of recreational activities; and
(6) To prepare, print and distribute printed matter relating to and descriptive of the state park system.
","history":"(Acts 1939, No. 556, p. 877, §3; Code 1940, T. 8, §176.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5574,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5441,"codeId":19975,"versionId":15841,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-10","shortTitle":"Section 9-2-10","catchLine":"Commissioner of Conservation and Natural Resources - Duties as to Preservation, Maintenance, Etc., of State Parks, Etc.","title":"Section 9-2-10 Commissioner of Conservation and Natural Resources - Duties as to Preservation, Maintenance, Etc., of State Parks, Etc.","sectionRange":null,"content":"It shall be the duty of the Commissioner of Conservation and Natural Resources, acting through the Division of Parks, to preserve, improve, protect and maintain all parks, parkways, monuments and historic sites now owned or hereafter acquired or established by the State of Alabama except Mound State Monument, the first White House of the Confederacy and all monuments and historic sites now located on state-owned land in the City of Montgomery.
","history":"(Acts 1939, No. 556, p. 877, § 2; Code 1940, T. 8, §180.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5575,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5442,"codeId":19979,"versionId":15845,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-11","shortTitle":"Section 9-2-11","catchLine":"Commissioner of Conservation and Natural Resources - Creation of Additional Divisions in Department; Appointment of Directors of Divisions.","title":"Section 9-2-11 Commissioner of Conservation and Natural Resources - Creation of Additional Divisions in Department; Appointment of Directors of Divisions.","sectionRange":null,"content":"With the approval of the Governor, the Commissioner of Conservation and Natural Resources may create and establish such additional division or divisions as may be determined to be necessary or convenient in the efficient and expeditious performance of the functions and duties of the Department of Conservation and Natural Resources and may assign functions and duties to such division or divisions, and he may transfer functions and duties from and to existing divisions from time to time. Directors of such divisions shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor.
","history":"(Acts 1939, No. 162, p. 255, §14; Code 1940, T. 8, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5576,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5443,"codeId":19984,"versionId":15850,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-12","shortTitle":"Section 9-2-12","catchLine":"Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations for Department.","title":"Section 9-2-12 Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations for Department.","sectionRange":null,"content":"The Commissioner of Conservation and Natural Resources shall have and exercise all rule-making powers of any division of the Department of Conservation and Natural Resources subject to the provisions of Section 9-2-15. The Commissioner of Conservation and Natural Resources shall have power and authority to establish and promulgate rules and regulations, including amendments and repeals thereof, with respect to the manner of performance of all functions and duties of the Department of Conservation and Natural Resources, which rules and regulations shall be reasonably calculated to effect the expeditious and efficient performance of such functions and duties and shall not be in conflict with applicable statutes. The rule-making power of the Commissioner of Conservation and Natural Resources shall not be delegated, except as otherwise expressly provided.
","history":"(Acts 1939, No. 162, p. 255, § 8; Code 1940, T. 8, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5577,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5444,"codeId":19990,"versionId":25395,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-13","shortTitle":"Section 9-2-13","catchLine":"Commissioner of Conservation and Natural Resources - Authority to Prohibit Importation of Birds, Animals, Fish, Etc.","title":"Section 9-2-13 Commissioner of Conservation and Natural Resources - Authority to Prohibit Importation of Birds, Animals, Fish, Etc.","sectionRange":null,"content":"(a) The Commissioner of Conservation and Natural Resources may prohibit by duly promulgated regulation the importation of any bird, animal, reptile, amphibian, or fish when the importation of the animal, bird, reptile, amphibian, or fish would not be in the best interest of the state.
(b) This section does not apply to birds, animals, reptiles, amphibians, and fish used for display purposes for carnivals, zoos, circuses, and other like shows and exhibits where ample provision is made so the birds, animals, reptiles, amphibians, and fish will not escape or be released in this state.
(c) Any person, firm, corporation, partnership, or association who or which imports, brings, or causes to be brought or imported into the State of Alabama any bird, animal, reptile, amphibian, or fish, the importation of which has been forbidden by duly promulgated regulation of the commissioner, shall be in violation of this section and upon conviction thereof shall be guilty of a Class C misdemeanor, except that the punishment for each offense shall be a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than 30 days, or both.
","history":"(Acts 1969, No. 414, p. 813, §§1-3; Act 2002-510, p. 1314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5578,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5445,"codeId":19996,"versionId":22383,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-14","shortTitle":"Section 9-2-14","catchLine":"Advisory Board of Conservation and Natural Resources - Created; Composition; Qualifications, Appointment, Terms of Office, and Compensation of Members; Residency Requirements; Meetings; Record of Meetings and Proceedings; Transitional Members.","title":"Section 9-2-14 Advisory Board of Conservation and Natural Resources - Created; Composition; Qualifications, Appointment, Terms of Office, and Compensation of Members; Residency Requirements; Meetings; Record of Meetings and Proceedings; Transitional Members.","sectionRange":null,"content":"(a) There shall be an Advisory Board of Conservation and Natural Resources. The board shall consist of the Governor, the Commissioner of Agriculture and Industries, the Director of the Agricultural Extension System ex officio, and 10 other members to be appointed by the Governor, one of whom the Governor shall designate as chair of the Advisory Board of Conservation and Natural Resources. The appointed members of the board shall be selected with special reference to training and experience along one or more of the principal lines of activity vested in the Department of Conservation and Natural Resources. The term of office of each appointed member of the board shall be six years. Of members first appointed, however, two members shall be appointed for two years, three members shall be appointed for four years, two members shall be appointed for five years and three members shall be appointed for six years. The members of the board shall receive no salary or compensation as members of the board, but shall be reimbursed for expenses of travel, meals, and lodging while in the performance of their duties as members of the board, pursuant to Article 2 of Chapter 7 of Title 36.
(b) After July 1, 1998, the members of the advisory board appointed by the Governor shall be appointed so that one member of the board is a resident of each congressional district as the districts are constituted on January 1, 1998, and no more than two members are residents of the same congressional district. If a member appointed from a congressional district ceases to be a resident of the district from which appointed, the member shall vacate his or her office. This subsection shall not affect the term or reappointment of any current member of the board.
(c) The board shall hold semiannual regular meetings at the time and place designated by the chair of the board or the Commissioner of Conservation and Natural Resources. The chair of the board or the Commissioner of Conservation and Natural Resources may call special meetings as may be necessary.
(d) The Commissioner of Conservation and Natural Resources shall be ex officio secretary of the board and shall keep minutes of all meetings and a record of all proceedings of the board. The commissioner shall receive no additional compensation for the services.
(e) On a transitional basis, one additional transitional member of the Advisory Board of Conservation and Natural Resources shall be appointed by the Governor from each congressional district as constituted on January 1, 1998, which is not currently represented on the board. A transitional member shall serve a term of six years or until a permanent member of the advisory board is appointed to represent the congressional district where the transitional member resides. A transitional member may be appointed a permanent member to a full term of office. Transitional members of the board shall have the same powers, rights, and duties, and shall be reimbursed for expenses as other members of the advisory board during their service on the board.
","history":"(Acts 1939, No. 162, p. 255, §9; Code 1940, T. 8, §8; Acts 1945, No. 219, p. 342, §1; Acts 1973, No. 1248, p. 2096, §1; Act 98-383, p. 729, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5579,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5446,"codeId":20000,"versionId":15864,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-15","shortTitle":"Section 9-2-15","catchLine":"Advisory Board of Conservation and Natural Resources - Powers and Duties.","title":"Section 9-2-15 Advisory Board of Conservation and Natural Resources - Powers and Duties.","sectionRange":null,"content":"The functions and duties of the Advisory Board of Conservation and Natural Resources shall be as follows:
(1) To assist in formulating the policies of the Department of Conservation and Natural Resources in the performance of its functions and duties;
(2) To examine all rules and regulations made or promulgated by the Commissioner of Conservation and Natural Resources, to recommend amendments or repeals thereof or additional rules or regulations and by a two-thirds vote of those present at any meeting and with the approval of the Governor to amend or repeal such rules and regulations or to make and promulgate additional rules or regulations;
(3) To advise with the Commissioner of Conservation and Natural Resources concerning any matter relating to the functions and duties of the Department of Conservation and Natural Resources; and
(4) To assist in giving publicity to the wildlife and other natural resources, the state parks and monuments and historical sites of the state and the work of the Department of Conservation and Natural Resources in connection therewith.
","history":"(Acts 1939, No. 162, p. 255, §10; Code 1940, T. 8, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5580,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5447,"codeId":20006,"versionId":15868,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-15.1","shortTitle":"Section 9-2-15.1","catchLine":"Advisory Board of Conservation and Natural Resources; Promulgation of Rules and Regulations; Prohibition of Airboat; Penalty.","title":"Section 9-2-15.1 Advisory Board of Conservation and Natural Resources; Promulgation of Rules and Regulations; Prohibition of Airboat; Penalty.","sectionRange":null,"content":"(a) The conservation advisory board shall have the power to promulgate rules and regulations having the force and effect of law to regulate, including the authority to prohibit, the use of an airboat on any of the public waters of this state that are subject to an ebb and flow of the tide of at least two inches.
(b) Any person violating the provisions of the rules and regulations promulgated under the authority of this section shall, upon conviction, be guilty of a Class C misdemeanor.
","history":"(Acts 1981, No. 81-425, p. 671, § 1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5581,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5448,"codeId":20011,"versionId":15873,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-16","shortTitle":"Section 9-2-16","catchLine":"Director of Irrigation.","title":"Section 9-2-16 Director of Irrigation.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1965, No. 828, p. 1556, §§ 1,2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5582,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5449,"codeId":20014,"versionId":15876,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-17","shortTitle":"Section 9-2-17","catchLine":"Employees Generally.","title":"Section 9-2-17 Employees Generally.","sectionRange":null,"content":"The Commissioner of Conservation and Natural Resources shall, with the approval of the Governor and subject to the provisions of the Merit System, determine the number of employees needed for the efficient and economical performance of the functions and duties of the Department of Conservation and Natural Resources.
","history":"(Acts 1939, No. 162, p. 255, § 19; Code 1940, T. 8, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5583,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5450,"codeId":20019,"versionId":15880,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-18","shortTitle":"Section 9-2-18","catchLine":"Requirement of Bonds for Certain Officers and Employees.","title":"Section 9-2-18 Requirement of Bonds for Certain Officers and Employees.","sectionRange":null,"content":"Before entering upon the duties of their respective offices, each officer and employee of the Department of Conservation and Natural Resources authorized or permitted to handle any money shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Commissioner of Conservation and Natural Resources, for the faithful performance of their duties.
","history":"(Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5584,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5451,"codeId":20024,"versionId":15885,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-19","shortTitle":"Section 9-2-19","catchLine":"Administrative Salaries and Expenses to Be Prorated Among Divisions of Department.","title":"Section 9-2-19 Administrative Salaries and Expenses to Be Prorated Among Divisions of Department.","sectionRange":null,"content":"The salary of the Commissioner of Conservation and Natural Resources and the salaries and wages of the administrative staff together with all administrative expenses of the Department of Conservation and Natural Resources shall be prorated by the Commissioner of Conservation and Natural Resources among the various divisions of the Department of Conservation and Natural Resources in such manner as he may deem advisable for the best interest of the department as a whole, and such proration charged against any division of the Department of Conservation and Natural Resources shall be paid from funds belonging to such division upon the requisition of the Commissioner of Conservation and Natural Resources.
","history":"(Acts 1945, No. 225, p. 349, § 1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5585,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5452,"codeId":20027,"versionId":15888,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-20","shortTitle":"Section 9-2-20","catchLine":"Game and Fish Fund - Created; Composition.","title":"Section 9-2-20 Game and Fish Fund - Created; Composition.","sectionRange":null,"content":"There is hereby created and there shall be a fund which shall be known as the Game and Fish Fund. This fund shall consist of:
(1) All moneys received for all occupational licenses or privilege taxes imposed by the state on any person, firm or corporation for engaging in any business or activity relating to taking, catching, capturing or killing of any fur-bearing or game animal or game bird in this state or the taking, catching, capturing or killing of any fish in the public or territorial waters of this state;
(2) All moneys derived from the levying or imposition upon any person, firm or corporation of any tax, license, permit, certificate, fee or any other charge by whatsoever name called pursuant to the game and fish laws of this state or rules and regulations based thereon;
(3) All moneys derived from the administration and enforcement of the game and fish laws of this state, or rules and regulations based thereon;
(4) All moneys paid, derived, received or arising from fines, penalties and forfeitures pursuant to the game and fish laws of this state and the rules and regulations based thereon;
(5) All moneys derived from the sale of hunting and fishing licenses or permits; and
(6) All moneys accruing to the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources from any source.
","history":"(Acts 1945, No. 229, p. 352, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5586,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5453,"codeId":20032,"versionId":15893,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-20.1","shortTitle":"Section 9-2-20.1","catchLine":"Game and Fish Fund - Alabama Game and Fish Endowment Fund Created as Special Account; Administration; Restrictions; Use of Income.","title":"Section 9-2-20.1 Game and Fish Fund - Alabama Game and Fish Endowment Fund Created as Special Account; Administration; Restrictions; Use of Income.","sectionRange":null,"content":"(a) There is hereby created within the Game and Fish Fund a special account to be known as the Alabama Game and Fish Endowment Fund. The assets of said fund shall consist of the following:
(1) The proceeds from the sale of the lifetime hunting, lifetime fishing, and combination lifetime hunting and fishing licenses provided in subsections (a) through (c) of Section 9-11-65;
(2) The proceeds of any gifts, grants and contributions to the state which are specifically designated for inclusion in said fund; and
(3) Such other sources as may be specified by law.
(b) The Alabama Game and Fish Endowment Fund shall be administered by a board of trustees consisting of the Director of Finance, the Secretary-Treasurer of the State Employees’ Retirement System and the Commissioner of the Department of Conservation and Natural Resources. Said board of trustees shall have the power and authority to invest and reinvest the assets of the fund within the guidelines, limitations and restrictions that govern investment of the State Employees Retirement Fund.
(c) The Alabama Game and Fish Endowment Fund is declared to be a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the fund. The following limitations and restrictions are placed on expenditures from said fund:
(1) Subject to Amendment No. 272 of the Alabama Constitution of 1901, any limitations or restrictions specified by donors on the uses of the income derived from gifts, grants and voluntary contributions shall be respected but shall not be binding.
(2) No expenditures or disbursement shall be made from the principal of said fund except as otherwise provided by law.
(d) The income derived annually from the Alabama Game and Fish Endowment Fund shall be credited to the Game and Fish Fund regular accounts and expended as provided by law.
","history":"(Acts 1981, 3rd Ex. Sess., No. 81-1122, p. 386, §§ 4-7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5587,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5454,"codeId":20036,"versionId":15896,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-20.2","shortTitle":"Section 9-2-20.2","catchLine":"Game and Fish Fund - Alabama Nongame Wildlife Endowment.","title":"Section 9-2-20.2 Game and Fish Fund - Alabama Nongame Wildlife Endowment.","sectionRange":null,"content":"(a) There is hereby created within the Game and Fish Fund a special account to be known as the Alabama Nongame Wildlife Endowment. The assets of said account shall consist of the following:
(1) The proceeds from the sale of reproductions of the said print and/or stamp;
(2) The proceeds of any gifts, grants and contributions to the state which are specifically designated for inclusion in said account; and
(3) Such other sources as may be specified by law.
(b) The Alabama Nongame Wildlife Endowment shall be administered by a board of trustees consisting of the Director of Finance, the Secretary-Treasurer of the State Employees’ Retirement System and the Commissioner of the Department of Conservation and Natural Resources. Said board of trustees shall have the power and authority to invest and reinvest the assets of the account within the guidelines, limitations and restrictions that govern investment of the State Employees’ Retirement Fund.
(c) The Alabama Nongame Wildlife Endowment is declared to be a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the account. The following limitations and restrictions are placed on expenditures from said account:
(1) Subject to Amendment No. 272 of the Constitution of Alabama of 1901, any limitations or restrictions specified by donors on the uses of the income derived from gifts, grants and voluntary contributions shall be respected, but shall not be binding.
(2) No expenditures or disbursements shall be made from the principal of said account except as otherwise provided by law.
(d) The income derived annually from the Alabama Nongame Wildlife Endowment shall be credited to the Game and Fish Fund and expended exclusively for purposes of preserving, protecting, perpetuating and enhancing nongame wildlife in this state.
","history":"(Acts 1990, No. 90-256, p. 319, §§4-7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5588,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5455,"codeId":20037,"versionId":15897,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-21","shortTitle":"Section 9-2-21","catchLine":"Game and Fish Fund - Remittance of Collections to State Treasurer to Credit of Fund.","title":"Section 9-2-21 Game and Fish Fund - Remittance of Collections to State Treasurer to Credit of Fund.","sectionRange":null,"content":"Each officer or employee of the Department of Conservation and Natural Resources or other officer charged with the duty of collecting any of the funds or moneys mentioned in Section 9-2-20 shall remit all such collections on the first day of each month directly to the Commissioner of Conservation and Natural Resources, who shall upon receipt thereof remit such collections to the Treasurer of the State of Alabama to the credit of the Game and Fish Fund.
","history":"(Acts 1945, No. 229, p. 352, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5589,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5456,"codeId":20040,"versionId":15899,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-22","shortTitle":"Section 9-2-22","catchLine":"Game and Fish Fund - Disbursement.","title":"Section 9-2-22 Game and Fish Fund - Disbursement.","sectionRange":null,"content":"The said fund hereby created shall be used and expended by the Commissioner of Conservation and Natural Resources in furtherance of the preservation, protection, propagation and development of wild birds, wild fur-bearing animals, game, fish and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership and, when so expended, shall be paid out on the requisition of the Commissioner of Conservation and Natural Resources and charged to said fund. All necessary expenses of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources, including its pro rata portion of the administrative expense of said Department of Conservation and Natural Resources, shall likewise be paid out of said fund on the requisition of the Commissioner of Conservation and Natural Resources; provided, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this code and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill.
","history":"(Acts 1945, No. 229, p. 352, §3; Acts 1951, No. 829, p. 1460.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5590,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5457,"codeId":20042,"versionId":15901,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-23","shortTitle":"Section 9-2-23","catchLine":"Game and Fish Fund - Diversion of Funds from Particular Purpose for Which Collected, Allotted or Budgeted.","title":"Section 9-2-23 Game and Fish Fund - Diversion of Funds from Particular Purpose for Which Collected, Allotted or Budgeted.","sectionRange":null,"content":"Nothing in Sections 9-2-20 through 9-2-22, however, shall require the diversion of any funds from any particular purpose for which they were collected, allotted or budgeted if the effect of such diversion would penalize the state in retaining or securing any federal funds or federal assistance.
","history":"(Acts 1945, No. 229, p. 352, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5591,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5458,"codeId":20043,"versionId":15902,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-24","shortTitle":"Section 9-2-24","catchLine":"Department Not to Issue Bonds or Borrow Money.","title":"Section 9-2-24 Department Not to Issue Bonds or Borrow Money.","sectionRange":null,"content":"The Department of Conservation and Natural Resources shall have no power or authority to issue any bonds or to borrow any money.
","history":"(Acts 1939, No. 162, p. 255; Code 1940, T. 8, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5592,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5459,"codeId":20045,"versionId":15904,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-25","shortTitle":"Section 9-2-25","catchLine":"Refunds on Erroneous or Excessive License Fees.","title":"Section 9-2-25 Refunds on Erroneous or Excessive License Fees.","sectionRange":null,"content":"(a) This section shall apply to all licenses administered by the Department of Conservation and Natural Resources or any division thereof.
(b) In the event any license for the same privilege is made available at a lesser price and reasonable notice of its availability has not been given to the public, a person, firm or corporation will be entitled to a refund equal to the amount of the reduction of the license fee; and any person, firm or corporation who, by mistake, purchases any duplicate license or pays an amount in excess of that required by law for the license shall be entitled to have the money incorrectly paid refunded as hereinafter provided, less any amount paid as an issuance fee or other fee to any probate judge, license commissioner, special agent or other person authorized to issue such licenses.
(c) Any amount charged by a probate judge, license commissioner, special agent or other person authorized to issue such licenses as an issuance fee or other fee that is in excess of the legal and proper issuance fee must be refunded by the probate judge, license commissioner, special agent or other person charging said illegal fee.
(d) All applications for refund must be made within one year from the date of such erroneous or excessive payment.
(e) The Commissioner of the Department of Conservation and Natural Resources or his duly authorized agent, upon receiving an application for refund and satisfactory proof of duplicate or excessive payment for a license fee, shall authorize refund of the money incorrectly paid, less any legal and proper issuance fee retained by the judge of probate, license commissioner, special agent or other person authorized to issue such licenses. The amount of such refund shall be paid by warrant out of the fund into which it was originally paid in the State Treasury.
","history":"(Acts 1966, Ex. Sess., No. 438, p. 595, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5593,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5460,"codeId":20049,"versionId":15908,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-26","shortTitle":"Section 9-2-26","catchLine":"Cooperation with Federal Agencies.","title":"Section 9-2-26 Cooperation with Federal Agencies.","sectionRange":null,"content":"The Department of Conservation and Natural Resources is authorized to cooperate with the United States Department of Agriculture and other federal agencies in the restoration of wildlife in compliance with the Pittman-Robertson Act and in the restoration or rehabilitation of game, fish, parks or historical sites and monuments.
","history":"(Acts 1939, No. 514, p. 803, § 12; Code 1940, T. 8, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5594,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5461,"codeId":20052,"versionId":15910,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-27","shortTitle":"Section 9-2-27","catchLine":"Compliance with Uniform Relocation Assistance and Land Acquisition Policies Act.","title":"Section 9-2-27 Compliance with Uniform Relocation Assistance and Land Acquisition Policies Act.","sectionRange":null,"content":"The Department of Conservation and Natural Resources is hereby authorized to expend such appropriated and uncommitted capital improvement funds as may be necessary to comply with Sections 210 and 305 of Public Law 91-646, known as the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970.
","history":"(Acts 1971, 3rd Ex. Sess., No. 85, p. 4298, § 1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5595,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5462,"codeId":20054,"versionId":42709,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-28","shortTitle":"Section 9-2-28","catchLine":"“Game and Fish Wardens” Deemed “Conservation Officers.”","title":"Section 9-2-28 “Game and Fish Wardens” Deemed “Conservation Officers.”","sectionRange":null,"content":"Whenever the terms “game and fish warden” or “game and fish wardens” appear in this title, the terms shall mean and refer to conservation officers appointed by the Commissioner of the Department of Conservation and Natural Resources.
","history":"(Acts 1977, No. 20, p. 28; Act 2018-201, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5596,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5463,"codeId":20057,"versionId":15913,"parentId":19918,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-29","shortTitle":"Section 9-2-29","catchLine":"Commissioner Authorized to Designate Calendar Work Week for Law Enforcement Officers.","title":"Section 9-2-29 Commissioner Authorized to Designate Calendar Work Week for Law Enforcement Officers.","sectionRange":null,"content":"(a) The Legislature declares that it is the purpose of this section to authorize the Commissioner of the Department of Conservation and Natural Resources to designate the calendar work week for its law enforcement officers.
(b) For the purpose of Sections 36-21-4 and 36-21-5, the Commissioner of the Department of Conservation and Natural Resources may designate the calendar work week for the law enforcement officers employed by the department.
","history":"(Acts 1995, No. 95-745, p. 1696, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5597,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5464,"codeId":20075,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Construction or Modification of Buildings and Facilities.","title":"Article 2 Construction or Modification of Buildings and Facilities.","sectionRange":"§9-2-40 to §9-2-44","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5599,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5465,"codeId":20076,"versionId":15927,"parentId":20075,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-40","shortTitle":"Section 9-2-40","catchLine":"Commissioner Designated Awarding Authority.","title":"Section 9-2-40 Commissioner Designated Awarding Authority.","sectionRange":null,"content":"The Commissioner of the Department of Conservation and Natural Resources is hereby designated as an awarding authority.
","history":"(Acts 1953, No. 521, p. 685, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5600,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5466,"codeId":20080,"versionId":15930,"parentId":20075,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-41","shortTitle":"Section 9-2-41","catchLine":"Preparation of Plans and Specifications.","title":"Section 9-2-41 Preparation of Plans and Specifications.","sectionRange":null,"content":"The Department of Conservation and Natural Resources is hereby empowered and authorized to prepare plans and specifications for the construction or modification of any buildings or facilities within the jurisdiction of the Department of Conservation and Natural Resources.
","history":"(Acts 1953, No. 521, p. 685, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5601,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5467,"codeId":20086,"versionId":15935,"parentId":20075,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-42","shortTitle":"Section 9-2-42","catchLine":"Contracts for Advisory Engineering or Architectural Services.","title":"Section 9-2-42 Contracts for Advisory Engineering or Architectural Services.","sectionRange":null,"content":"The Department of Conservation and Natural Resources is empowered and authorized to enter into contracts with engineering or architectural firms for the preparation of plans and/or specifications to be used by said department in constructing or modifying buildings and other facilities within the jurisdiction of the Department of Conservation and Natural Resources and may contract for such supervisory engineering or architectural services as may be needed in its construction work; provided, that any such advisory services contracted for must conform to the fee schedule as adopted by the state Building Commission.
","history":"(Acts 1953, No. 521, p. 685, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5602,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5468,"codeId":20091,"versionId":15940,"parentId":20075,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-43","shortTitle":"Section 9-2-43","catchLine":"Contracts for Construction or Modification of Buildings or Facilities.","title":"Section 9-2-43 Contracts for Construction or Modification of Buildings or Facilities.","sectionRange":null,"content":"The Department of Conservation and Natural Resources is further empowered and authorized to enter into contracts for the construction or modification of any buildings or facilities within the jurisdiction of said department; provided, however, that all such contracts shall be invalid and void unless approved in writing by the Governor; and further provided that all such construction contracts shall be let and made in accordance with the provisions of Chapters 1, 2 and 5 of Title 39 of this code.
","history":"(Acts 1953, No. 521, p. 685, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5603,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5469,"codeId":20097,"versionId":15944,"parentId":20075,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-44","shortTitle":"Section 9-2-44","catchLine":"Approval of Division of Construction Management of the Department of Finance Not Required as to Certain Contracts; Compliance with State Building Code.","title":"Section 9-2-44 Approval of Division of Construction Management of the Department of Finance Not Required as to Certain Contracts; Compliance with State Building Code.","sectionRange":null,"content":"All construction or modification contracts as specified in this article which may hereafter be made are excepted from approval by the Division of Construction Management of the Department of Finance with the exception of buildings erected by the Department of Conservation and Natural Resources that exceed in cost the sum of $15,000.00; provided, however, that all such construction or modifications must comply with the state building code.
","history":"(Acts 1953, No. 521, p. 685, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5604,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5470,"codeId":20104,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Division of Wildlife and Freshwater Fisheries.","title":"Article 3 Division of Wildlife and Freshwater Fisheries.","sectionRange":"§9-2-60 to §9-2-67","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5605,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5471,"codeId":20105,"versionId":24167,"parentId":20104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-60","shortTitle":"Section 9-2-60","catchLine":"Created.","title":"Section 9-2-60 Created.","sectionRange":null,"content":"(a) There is created within the Department of Conservation and Natural Resources a division to be known as the Division of Wildlife and Freshwater Fisheries.
(b) Wherever reference is made to the Game and Fish Division or the Division of Game and Fish in this title, or in any other statute, rule, or regulation of the State of Alabama, the reference shall be construed to refer to the Division of Wildlife and Freshwater Fisheries.
","history":"(Acts 1951, No. 476, p. 840, § 2; Act 99-637, 2nd Sp. Sess., §§ 1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5606,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5472,"codeId":20110,"versionId":15951,"parentId":20104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-61","shortTitle":"Section 9-2-61","catchLine":"Appointment of Director; Powers and Duties of Division Generally.","title":"Section 9-2-61 Appointment of Director; Powers and Duties of Division Generally.","sectionRange":null,"content":"The Division of Wildlife and Freshwater Fisheries shall be a division of the Department of Conservation and Natural Resources and shall be headed by and be under the direction, supervision and control of the Director of the Division of Wildlife and Freshwater Fisheries. He shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor. The Division of Wildlife and Freshwater Fisheries shall have the personnel, powers, properties, functions and duties of the Department of Conservation and Natural Resources which pertain to the game and fish of the State of Alabama and such personnel, duties, powers, functions and properties as may be hereafter conferred by law.
","history":"(Acts 1939, No. 162, p. 255, § 11; Code 1940, T. 8, §15; Acts 1951, No. 476, p. 840, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5607,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5473,"codeId":20115,"versionId":15955,"parentId":20104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-62","shortTitle":"Section 9-2-62","catchLine":"Oath of Director; Director Full-Time Position.","title":"Section 9-2-62 Oath of Director; Director Full-Time Position.","sectionRange":null,"content":"Before entering upon the discharge of his duties, the Director of the Division of Wildlife and Freshwater Fisheries shall take the constitutional oath of office. He shall devote his full time to his official duties and shall hold no other lucrative position.
","history":"(Acts 1939, No. 162, p. 255, §15; Code 1940, T. 8, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5608,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5474,"codeId":20119,"versionId":15959,"parentId":20104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-63","shortTitle":"Section 9-2-63","catchLine":"Bond of Director.","title":"Section 9-2-63 Bond of Director.","sectionRange":null,"content":"Before entering upon the duties of his office, the Director of the Division of Wildlife and Freshwater Fisheries shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Commissioner of Conservation and Natural Resources, for the faithful performance of his duties.
","history":"(Acts 1943, No. 122, p. 123, §15; Acts 1961, Ex. Sess., No. 208, p. 2190, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5609,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5475,"codeId":20124,"versionId":42710,"parentId":20104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-64","shortTitle":"Section 9-2-64","catchLine":"Appointment, Oath, Bond, and Compensation of Game and Fish Wardens.","title":"Section 9-2-64 Appointment, Oath, Bond, and Compensation of Game and Fish Wardens.","sectionRange":null,"content":"The Commissioner of Conservation and Natural Resources shall have power to appoint as many game and fish wardens as he or she shall deem necessary for the proper enforcement of the game and fish laws of the state. All game and fish wardens, before entering upon their duties as such, shall take the oath of office as required by law for sheriffs in this state. Before entering upon the duties of their offices, all game and fish wardens shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of one thousand dollars ($1,000), for the faithful performance of their duties. The employees provided for in this section shall be reimbursed for their meals, lodging, and transportation when absent from their headquarters in the performance of their duties.
","history":"(Acts 1935, No. 240, p. 632, §12; Code 1940, T. 8, §18; Acts 1943, No. 122, p. 123, §1; Acts 1961, Ex. Sess., No. 208, p. 2190, §1; Act 2018-201, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5610,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5476,"codeId":20126,"versionId":15963,"parentId":20104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-65","shortTitle":"Section 9-2-65","catchLine":"Powers and Duties of Game and Fish Wardens; Powers and Duties of Director with Respect to Game and Fish Wardens.","title":"Section 9-2-65 Powers and Duties of Game and Fish Wardens; Powers and Duties of Director with Respect to Game and Fish Wardens.","sectionRange":null,"content":"(a) Game and fish wardens shall have power:
(1) To enforce all laws of this state relating to birds, animals and fish;
(2) To execute all warrants and search warrants for the violation of the game, fish and fur laws of the state;
(3) To serve subpoenas issued for examination, investigation and trial of all offenses against the law relating to game, fur bearers, birds and fish;
(4) To carry firearms as provided by law for enforcement officers when in the discharge of their official duties;
(5) To confiscate all game, birds, animals or fish or parts thereof which have been caught, taken, killed or held at a time in any manner or for any purpose or had in possession or under control or have been shipped, carried or transported contrary to the laws of this state, and game, fur bearers, birds, fish or parts thereof so confiscated shall be held as evidence in the court in which the defendant is held for trial; and, upon conviction of the defendant, said game, fur bearers, birds, fish or parts thereof shall be disposed of by written order of the court;
(6) To enter upon any land or water in the performance of their duty;
(7) To assist individual citizens, clubs, groups and organizations of sportsmen and conservation clubs by furnishing information and such other assistance as may be found necessary in the construction of fish ponds, the establishing of feeding grounds for migratory wild fowl, the planting of fish from the state and federal fish hatcheries, the reclaiming of stranded fish and the control of predators on useful forms of wildlife; and
(8) To perform such other additional duties as the commissioner may direct.
(b) The director of the division shall:
(1) Constantly keep in touch with the game and fish wardens;
(2) Assist and advise them in their work;
(3) See that all wardens are continuous in the performance of their duties;
(4) Make reports to the commissioner of any dereliction of duty;
(5) Investigate all charges of alleged misconduct or other alleged wrongful acts on the part of any warden and make special reports thereon to the commissioner;
(6) Assist in the prosecution of violations of all laws relating to the department; and
(7) Perform such other duties as the commissioner may direct.
","history":"(Acts 1935, No. 240, p. 632, §14; Code 1940, T. 8, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5611,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5477,"codeId":20133,"versionId":15968,"parentId":20104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-66","shortTitle":"Section 9-2-66","catchLine":"Official Annual State Nongame Wildlife Print And/Or Stamp.","title":"Section 9-2-66 Official Annual State Nongame Wildlife Print And/Or Stamp.","sectionRange":null,"content":"(a) There is hereby established an official annual state nongame wildlife print and/or stamp.
(b) The Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources is hereby given the authority to contract with an artist of its choice for the providing of said print and/or stamp.
(c) The Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources is hereby given authority to sell reproductions of said print and/or stamp.
","history":"(Acts 1990, No. 90-256, p. 319, §§1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5612,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5478,"codeId":20136,"versionId":15970,"parentId":20104,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-67","shortTitle":"Section 9-2-67","catchLine":"Rules and Regulations for Nongame Wildlife Endowment.","title":"Section 9-2-67 Rules and Regulations for Nongame Wildlife Endowment.","sectionRange":null,"content":"The Commissioner of the Department of Conservation and Natural Resources is hereby authorized to promulgate such rules and regulations as shall be necessary to carry out the intent of this act.
","history":"(Acts 1990, No. 90-256, p. 319, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5613,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5479,"codeId":20143,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Division of Marine Resources.","title":"Article 4 Division of Marine Resources.","sectionRange":"§9-2-80 to §9-2-89","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5614,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5480,"codeId":20145,"versionId":15975,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-80","shortTitle":"Section 9-2-80","catchLine":"“Seafoods” Defined.","title":"Section 9-2-80 “Seafoods” Defined.","sectionRange":null,"content":"As used in this title, the term “seafoods” shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama.
","history":"(Acts 1951, No. 476, p. 840, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5615,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5481,"codeId":20147,"versionId":15977,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-81","shortTitle":"Section 9-2-81","catchLine":"Created; Powers and Duties Generally.","title":"Section 9-2-81 Created; Powers and Duties Generally.","sectionRange":null,"content":"There is hereby created within the Department of Conservation and Natural Resources a division to be known as the Division of Marine Resources. The Division of Marine Resources shall have the personnel, duties, powers, functions and properties of the Department of Conservation and Natural Resources which pertain to seafoods and such personnel, duties, powers, functions and properties as may be hereafter conferred by law.
","history":"(Acts 1951, No. 476, p. 840, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5616,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5482,"codeId":20150,"versionId":15980,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-82","shortTitle":"Section 9-2-82","catchLine":"Director - Appointment.","title":"Section 9-2-82 Director - Appointment.","sectionRange":null,"content":"The Division of Marine Resources shall be headed by and be under the direction, supervision and control of an officer who shall be designated “Director of the Marine Resources Division.” The Director of the Marine Resources Division shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor and shall be under and subject to the provisions of the state Merit System.
","history":"(Acts 1951, No. 476, p. 840, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5617,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5483,"codeId":20156,"versionId":15982,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-83","shortTitle":"Section 9-2-83","catchLine":"Director - Oath and Compensation; Full-Time Position.","title":"Section 9-2-83 Director - Oath and Compensation; Full-Time Position.","sectionRange":null,"content":"Before entering upon the discharge of his duties, the Director of the Marine Resources Division shall take the constitutional oath of office. His salary shall be fixed by the State Personnel Board as it may deem appropriate or as otherwise fixed by law. He shall devote his full time to his official duties and shall hold no other lucrative position while serving as said Director of the Marine Resources Division.
","history":"(Acts 1951, No. 476, p. 840, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5618,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5484,"codeId":20159,"versionId":15985,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-84","shortTitle":"Section 9-2-84","catchLine":"Director - Bond.","title":"Section 9-2-84 Director - Bond.","sectionRange":null,"content":"Before entering upon the duties of his office, the Director of the Marine Resources Division shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Commissioner of Conservation and Natural Resources, for the faithful performance of his duties.
","history":"(Acts 1943, No. 122, p. 123, §1; Acts 1961, Ex. Sess., No. 208, p. 2190, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5619,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5485,"codeId":20162,"versionId":15989,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-85","shortTitle":"Section 9-2-85","catchLine":"Duties of Employees of Division Generally; Seizure, Etc., of Seafoods Illegally Taken, Etc.","title":"Section 9-2-85 Duties of Employees of Division Generally; Seizure, Etc., of Seafoods Illegally Taken, Etc.","sectionRange":null,"content":"The employees of the Division of Marine Resources shall diligently enforce all laws and regulations of the Department of Conservation and Natural Resources now existing or which may hereafter be enacted or promulgated for the protection, propagation, preservation or conservation of the seafoods of the State of Alabama and shall prosecute all persons who violate any of such laws or regulations. Such employees shall, at any and all times, seize any and all oysters, saltwater fish or other seafoods which have been caught, taken or transported in a manner contrary to the laws or regulations based thereupon of this state. All seafood which is seized by such employees shall be held as evidence and used in the trial of the violation for which it was seized. After the trial of such violation, the seafood which has been so seized shall be disposed of by order of the court in which the case was set or tried.
","history":"(Acts 1951, No. 476, p. 840, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5620,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5486,"codeId":20166,"versionId":15993,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-86","shortTitle":"Section 9-2-86","catchLine":"Director and Employees Constituted Peace Officers; Inspection, Etc., of Factories, Barrel Measures, Nets, Trawls, Etc.","title":"Section 9-2-86 Director and Employees Constituted Peace Officers; Inspection, Etc., of Factories, Barrel Measures, Nets, Trawls, Etc.","sectionRange":null,"content":"The Director of the Division of Marine Resources and other employees of said division are hereby constituted peace officers of the State of Alabama with full police power and jurisdiction to enforce all laws with reference to the seafoods of the State of Alabama and all rules and regulations promulgated by the Department of Conservation and Natural Resources, and they may exercise such powers in any county of the State of Alabama and on any waters of this state. They are hereby authorized to carry firearms or other weapons when they are actually in the discharge of their duties as such officers. They shall be clothed with the power to arrest with or without warrant any person who shall violate any of the laws of the State of Alabama or any rule or regulation of the Department of Conservation and Natural Resources with reference to the protection, preservation, propagation or conservation of its seafoods and take him before a proper court for trial. They shall visit the various factories and all places of business where seafoods are dealt in and there inspect the oysters, fish and other seafoods on hand, the “barrel measures” used at said places of business and all nets, trawls and other devices for the taking or catching of seafoods, and they shall prevent and prosecute all violations of this title and all laws on this subject hereafter enacted.
","history":"(Acts 1951, No. 476, p. 840, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5621,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5487,"codeId":20167,"versionId":15994,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-87","shortTitle":"Section 9-2-87","catchLine":"Seafoods Fund - Created; Composition.","title":"Section 9-2-87 Seafoods Fund - Created; Composition.","sectionRange":null,"content":"There is hereby created and there shall be a fund which shall be known as the “Seafoods Fund.” This fund shall consist of:
(1) All moneys received from all occupational and privilege licenses or taxes imposed by the state on any person, firm or corporation for engaging in any business or activity relating to the taking, catching, processing or handling seafoods as defined in Section 9-2-80;
(2) All revenue derived from oyster bottom leases;
(3) All moneys paid, derived or received arising from fines, penalties or forfeitures of the seafood laws of this state or the rules and regulations based thereon;
(4) All moneys derived from the sale, leasing, dredging, excavation or removal of oyster shells from the bottoms of any bay, lagoon, estuary, bayou or saltwater area within the jurisdiction of the State of Alabama; and
(5) All moneys accruing to the Marine Resources Division of the Department of Conservation and Natural Resources from any source whatsoever.
","history":"(Acts 1951, No. 476, p. 840, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5622,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5488,"codeId":20171,"versionId":15998,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-88","shortTitle":"Section 9-2-88","catchLine":"Seafoods Fund - Remittance of Collections to State Treasurer to Credit of Fund.","title":"Section 9-2-88 Seafoods Fund - Remittance of Collections to State Treasurer to Credit of Fund.","sectionRange":null,"content":"Each officer or employee of the Department of Conservation and Natural Resources or other person charged with the duty of collecting any of the funds or moneys mentioned in Section 9-2-87 shall remit all such collections on the first day of each month directly to the Commissioner of Conservation and Natural Resources, who shall upon receipt thereof remit such collections to the Treasurer of the State of Alabama to the credit of the Seafoods Fund.
","history":"(Acts 1951, No. 476, p. 840, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5623,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5489,"codeId":20175,"versionId":16001,"parentId":20143,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-89","shortTitle":"Section 9-2-89","catchLine":"Seafoods Fund - Disbursement.","title":"Section 9-2-89 Seafoods Fund - Disbursement.","sectionRange":null,"content":"The said Seafoods Fund hereby created shall be used and expended by the Commissioner of Conservation and Natural Resources in furtherance of the preservation, protection, propagation and development of saltwater fish, shrimp, oysters and other shellfish and crustaceans and the development of the seafoods industry and saltwater sports fishing. The appropriation provided for by Section 9-12-183 shall be paid out of said fund. The Commissioner of Conservation and Natural Resources may also make expenditures out of such fund for any additions and betterments which the Commissioner of Conservation and Natural Resources, with the approval of the Governor, deems beneficial to the area. When so expended, the same shall be paid out on the requisition of the Commissioner of Conservation and Natural Resources and charged to said fund. All necessary expenses of the Division of Marine Resources of the Department of Conservation and Natural Resources, including its pro rata portion of the administrative expenses of said Department of Conservation and Natural Resources, shall likewise be paid out of said fund on requisition of the Commissioner of Conservation and Natural Resources; provided, however, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this code and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill.
","history":"(Acts 1951, No. 476, p. 840, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5624,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5490,"codeId":20181,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"Division of Parks.","title":"Article 5 Division of Parks.","sectionRange":"§9-2-100 to §9-2-108","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5625,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5491,"codeId":20183,"versionId":16008,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-100","shortTitle":"Section 9-2-100","catchLine":"Created; Appointment of Director.","title":"Section 9-2-100 Created; Appointment of Director.","sectionRange":null,"content":"There shall be in the Department of Conservation and Natural Resources a Division of Parks, which shall be headed by and be under the direction, supervision and control of an officer, who shall be designated the Director of the Division of Parks. He shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor.
","history":"(Acts 1939, No. 162, p. 255, §13; Code 1940, T. 8, §173.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5626,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5492,"codeId":20187,"versionId":16011,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-101","shortTitle":"Section 9-2-101","catchLine":"Oath of Director; Director Full-Time Position.","title":"Section 9-2-101 Oath of Director; Director Full-Time Position.","sectionRange":null,"content":"Before entering upon the discharge of his duties, the Director of the Division of Parks shall take the constitutional oath of office. He shall devote his full time to his official duties and shall hold no other lucrative position while serving as Director of the Division of Parks.
","history":"(Acts 1939, No. 162, p. 255, §15; Code 1940, T. 8, §174.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5627,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5493,"codeId":20191,"versionId":16015,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-102","shortTitle":"Section 9-2-102","catchLine":"Bond of Director.","title":"Section 9-2-102 Bond of Director.","sectionRange":null,"content":"Before entering upon the duties of his office, the Director of the Division of Parks shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Commissioner of Conservation and Natural Resources, for the faithful performance of his duties.
","history":"(Acts 1943, No. 122, p. 123, §15; Acts 1961, Ex. Sess., No. 208, p. 2190, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5628,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5494,"codeId":20195,"versionId":16018,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-103","shortTitle":"Section 9-2-103","catchLine":"Powers and Duties of Director Generally; State Forests, Monuments, Etc., Excepted from Jurisdiction of Director.","title":"Section 9-2-103 Powers and Duties of Director Generally; State Forests, Monuments, Etc., Excepted from Jurisdiction of Director.","sectionRange":null,"content":"(a) The objects, purposes and duties of the Director of the Division of Parks are:
(1) To make exploration, survey, studies and reports concerning state parks, monuments and historical sites in the state and to publish such thereof as will be of general interest; and
(2) To perform all functions and duties of the Department of Conservation and Natural Resources with respect to state parks, monuments and historical sites including the marking, upkeep and publicizing of historical sites heretofore or hereafter designated by the Department of Archives and History.
(b) The inclusion of specific duties of the Director of the Division of Parks in this title shall not be deemed an exclusion of or limitation upon his general duties to effectuate and accomplish the purposes generally set out in this title.
(c) There are excepted from the duties of the Director of the Division of Parks all state forests, Mound State Monument, the White House of the Confederacy and all monuments and historical sites now or hereafter located on state-owned property in the City of Montgomery, including the Alabama Memorial Building.
","history":"(Acts 1939, No. 162, p. 255, §§3, 13; Code 1940, T. 8, §175.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5629,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5495,"codeId":20198,"versionId":16020,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-104","shortTitle":"Section 9-2-104","catchLine":"Powers and Duties of Director with Respect to Confederate Memorials - Generally.","title":"Section 9-2-104 Powers and Duties of Director with Respect to Confederate Memorials - Generally.","sectionRange":null,"content":"The Director of the Division of Parks shall act for and officially represent Alabama on all subjects, inquiries and matters connected with or growing out of the part performed by troops from this state in the War Between the States which may arise in connection with the location and identification of their position or part in any battle or engagement or upon any battlefield or in connection with the appropriate determination, location, identification or marking of such part or position or in connection with the appropriate marking or monumenting of spots or occurrences made historic by their services or sacrifices, whether in the several military parks or on some other battlefield or in prisons or cemeteries or other historic spots or places. The Director of the Division of Parks, unless otherwise provided, shall have charge of the erection and shall direct the expenditure of all appropriations for the placing of monuments, memorials or markers to Alabama troops in the war as above set forth.
","history":"(Code 1923, §1734; Code 1940, T. 8, §177.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5630,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5496,"codeId":20201,"versionId":16023,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-105","shortTitle":"Section 9-2-105","catchLine":"Powers and Duties of Director with Respect to Confederate Memorials - Cooperation with Citizens’ Committees, Etc.","title":"Section 9-2-105 Powers and Duties of Director with Respect to Confederate Memorials - Cooperation with Citizens’ Committees, Etc.","sectionRange":null,"content":"With the approval of the Governor and the Commissioner of Conservation and Natural Resources, the Director of the Division of Parks may join with any committee of citizens in erecting any monument or may supplement the amount raised by any camp of the United Confederate Veterans or camp of the United Sons of Confederate Veterans or chapter of the United Daughters of the Confederacy or any ladies’ memorial association to erect a monument; provided, that not more than $25,000.00 shall be expended out of such funds as may be appropriated in any one fiscal year.
","history":"(Code 1923, §1738; Code 1940, T. 8, §178.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5631,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5497,"codeId":20204,"versionId":16026,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-106","shortTitle":"Section 9-2-106","catchLine":"State Park Fund.","title":"Section 9-2-106 State Park Fund.","sectionRange":null,"content":"There shall be a State Park Fund. All moneys received from gifts or bequests or from county, municipal or federal appropriations or moneys appropriated by the State of Alabama shall be deposited in the Treasury to the credit of said fund. The said fund hereby created shall be used and expended by the Commissioner of Conservation and Natural Resources in accordance with the terms of the gift, bequest, appropriation or donation from which said moneys are derived and, in the absence of any such terms or stipulations, shall be expended by the Commissioner of Conservation and Natural Resources in furtherance of any of the provisions of this chapter. All expenses of the Division of Parks of the Department of Conservation and Natural Resources including its pro rata portion of administrative expenses of said Department of Conservation and Natural Resources shall be payable from said fund on the requisition of the Commissioner of Conservation and Natural Resources; provided, however, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this code and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill.
","history":"(Acts 1939, No. 556, p. 877, §6; Code 1940, T. 8, §183; Acts 1945, No. 228, p. 351; Acts 1951, No. 831, p. 1462, §1; Acts 1967, No. 778, p. 1637, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5632,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5498,"codeId":20207,"versionId":16029,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-107","shortTitle":"Section 9-2-107","catchLine":"State Park Revolving Fund.","title":"Section 9-2-107 State Park Revolving Fund.","sectionRange":null,"content":"In addition to the State Park Fund established by Section 9-2-106, there is also hereby created and established a fund to be known as the State Park Revolving Fund, which fund shall be constituted from all moneys received for admissions charged or rentals, sales of goods or services and such other miscellaneous charges collected by the Department of Conservation and Natural Resources in the operation of its state parks, monuments, historical sites and other facilities. The Commissioner of Conservation and Natural Resources, with the approval of the state Department of Finance, is authorized and empowered to provide for and open an account or accounts at any state or federal bank whose deposits are insured within the State of Alabama for the purpose of providing a depository or depositories for said revolving fund. The Commissioner of Conservation and Natural Resources is further authorized and empowered to draw on or make expenditures from said revolving fund for the purchase of goods for resale, equipment purchases, payment of utilities, salaries of employees and any other normal operating costs of park facilities, including normal maintenance costs. Said revolving fund shall be subject to examination and audit as other funds of the state are examined and audited. The Commissioner of Conservation and Natural Resources, with the approval of the state Department of Finance and the Chief Examiner of Public Accounts, shall by regulation provide the procedure for making deposits and withdrawals from said revolving fund together with such other accounting procedures as may be needed, including the setting of bonds for persons empowered to handle said fund. The Commissioner of Conservation and Natural Resources, with the approval of the Governor, may at the close of any state fiscal year transfer to the State Parks Fund from said revolving fund such moneys as may be deemed excess to the purpose or purposes of the revolving fund.
","history":"(Acts 1967, No. 778, p. 1637, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5633,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5499,"codeId":20212,"versionId":16033,"parentId":20181,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-108","shortTitle":"Section 9-2-108","catchLine":"Disposition and Expenditure of Revenues from Sale of Timber, Etc., and from Operation of Certain New Facilities Within State Park System.","title":"Section 9-2-108 Disposition and Expenditure of Revenues from Sale of Timber, Etc., and from Operation of Certain New Facilities Within State Park System.","sectionRange":null,"content":"All the revenues derived from the sale of timber and timber products from lands owned by the Division of Parks of the Department of Conservation and Natural Resources and the revenues produced from any new facility within the state park system which is opened or placed in operation during that period of time between the effective dates of the biennial general appropriation bills shall be covered into the state Treasury to the credit of the State Park Fund of the Department of Conservation and Natural Resources and shall be expended only for the Division of Parks in such manner and such amounts as may be provided by the Legislature in the general appropriation bill and pursuant to the provisions of Article 4 of Chapter 4 of Title 41 of this code.
","history":"(Acts 1953, No. 792, p. 1085, §1; Acts 1959, No. 33, p. 438, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5634,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5500,"codeId":20218,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"Division of Lands.","title":"Article 6 Division of Lands.","sectionRange":"§9-2-120 to §9-2-123","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5635,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5501,"codeId":20219,"versionId":16039,"parentId":20218,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-120","shortTitle":"Section 9-2-120","catchLine":"Supervision and Development of Certain State-Owned Islands.","title":"Section 9-2-120 Supervision and Development of Certain State-Owned Islands.","sectionRange":null,"content":"(a) It shall be the duty and responsibility of the Division of Lands of the Department of Conservation and Natural Resources to protect, develop and supervise all state-owned islands now existing or which may appear in the future on the waters of this state which are not used by any department or agency of the state government. The Division of Lands is authorized and empowered to develop said islands in such manner as may be in the best interest of the state and is further empowered, with the approval of the Governor, to sell or cause to be sold timber, minerals, sand and gravel from said islands; provided, that such sales shall be only upon a competitive bid basis.
(b) On September 12, 1969, title to all islands as defined in subsection (a) of this section shall be vested in the Division of Lands of the Department of Conservation and Natural Resources, and all revenues derived therefrom shall be deposited in the State Treasury to the credit of the State Lands Fund.
","history":"(Acts 1969, No. 754, p. 1333, §§ 1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5636,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5502,"codeId":20221,"versionId":16040,"parentId":20218,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-121","shortTitle":"Section 9-2-121","catchLine":"Land Resources Information Center; Survey and Compilation of Data; Agencies to File Legal Instruments.","title":"Section 9-2-121 Land Resources Information Center; Survey and Compilation of Data; Agencies to File Legal Instruments.","sectionRange":null,"content":"(a) There is hereby created and established within the Lands Division of the Department of Conservation and Natural Resources a State Land Resources Information Center which shall compile certain data and information as hereinafter prescribed on all state owned lands, including those lands owned by state supported educational institutions, excepting however, lands acquired for highway rights of way. Such center shall be under the supervision of the Director of the Lands Division, Department of Conservation and Natural Resources who shall compile and keep up to date the following data and information on such lands:
(1) Location - should include postal address and metes and bounds description where applicable;
(2) Size - acreage and dimensions of lot or parcel;
(3) Type of development - agricultural, commercial, governmental, institutional, educational, residential, forest lands, mineral lands;
(4) Description and general condition of improvement if any - amount of rental income if leased and name and address of lessee; and
(5) Certified copy of original deed or other record of ownership to state of property - along with notation of any changes in status or ownership.
(b) Not more than 180 days after this section becomes effective, the Lands Division Director shall have sent out to all agencies, departments, and institutions in the state, a survey to determine the data and information prescribed in subsection (a). It will be the duty of individual agencies, departments and institutions to accurately comply with this request for information by the director within 90 days of receipt of such request unless a postponement of said deadline is requested and granted.
(c) It shall be the duty of each state department or institution of the State of Alabama which holds or acquires the legal title in any lands in the State of Alabama and any department charged by law with the administration, control or management of any state department or institutional lands to file or have filed for record in the county wherein such land lies all instruments and deeds conveying title to such land out of or into the State of Alabama.
(d) Upon the filing of any instrument described in subsection (c) of this section, it shall be the duty of the judge of probate to transmit within 10 days a certified copy of the instrument, with recording data shown thereon, to the Lands Division of the Department of Conservation and Natural Resources.
(e) The judges of probate shall be paid the fees now provided for by law by the state agency or institution participating in the transaction.
(f) In order to comply with the provisions of this section and to assure accurate information for the Lands Division records, the Department of Conservation and Natural Resources shall supply such qualified merit employees as may be necessary, to research within each county the title, deed records and file reports on real property owned by the state or its agencies. All expenses associated with the provisions of this section are to be paid from the moneys appropriated to the Lands Division within the Department of Conservation and Natural Resources. The information collected by this research shall be used by the Lands Division to update and correct existing data on file.
","history":"(Acts 1986, No. 86-457, p. 834, §§ 1-7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5637,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5503,"codeId":20226,"versionId":16042,"parentId":20218,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-122","shortTitle":"Section 9-2-122","catchLine":"Deposits into State Lands Fund Authorized; Use of Funds.","title":"Section 9-2-122 Deposits into State Lands Fund Authorized; Use of Funds.","sectionRange":null,"content":"All funds and fees accruing from the management of lands by the Lands Division of the Department of Conservation and Natural Resources which are received or retained pursuant to Sections 9-15-15, 9-15-16, 9-15-39, 9-15-40, and 9-15-52, and Section 9-2-123, shall be deposited into the State Lands Fund, and shall be used only for the preservation, management, protection, and improvement of the lands.
","history":"(Acts 1993, No. 93-631, p. 1077, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5638,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5504,"codeId":20231,"versionId":16045,"parentId":20218,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-123","shortTitle":"Section 9-2-123","catchLine":"Management Fee for Certain Lands.","title":"Section 9-2-123 Management Fee for Certain Lands.","sectionRange":null,"content":"For all other lands managed by the Lands Division of the Department of Conservation and Natural Resources, there shall be retained by the Lands Division a management fee of 10 percent of all gross receipts.
","history":"(Acts 1993, No. 93-631, p. 1077, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5639,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5505,"codeId":20235,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"Office of Land Agent.","title":"Article 7 Office of Land Agent.","sectionRange":"§9-2-130","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5640,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5506,"codeId":20236,"versionId":16049,"parentId":20235,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-130","shortTitle":"Section 9-2-130","catchLine":"Created; Appointment and Duties of Agent.","title":"Section 9-2-130 Created; Appointment and Duties of Agent.","sectionRange":null,"content":"Within the Department of Conservation and Natural Resources and under the Commissioner of Conservation and Natural Resources, there is hereby created the office of Land Agent, whose duties will be to compile a record of all lands owned by the State of Alabama or any department or institution of the state. The said agent shall be selected by said Commissioner of Conservation and Natural Resources as other employees of his department are selected.
","history":"(Acts 1945, No. 341, p. 554, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5641,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5507,"codeId":44005,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8","shortTitle":"Article 8","catchLine":"Shellfish Aquaculture.","title":"Article 8 Shellfish Aquaculture.","sectionRange":"§9-2-150 to §9-2-151","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5642,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5508,"codeId":44006,"versionId":36182,"parentId":44005,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-150","shortTitle":"Section 9-2-150","catchLine":"Shellfish Aquaculture Review Board; Oyster Aquaculture Leasing Program.","title":"Section 9-2-150 Shellfish Aquaculture Review Board; Oyster Aquaculture Leasing Program.","sectionRange":null,"content":"(a) For purposes of this section, the following words shall have the following meanings:
(1) BOARD. The Shellfish Aquaculture Review Board.
(2) DEPARTMENT. The Department of Conservation and Natural Resources.
(3) OYSTER AQUACULTURE. The cultivation and harvesting of hatchery-spawned oysters for commercial purposes.
(b) There is created the Shellfish Aquaculture Review Board, which shall be responsible for developing a shellfish aquaculture policy and implementing a sustainable program for leasing land in the coastal waters of Alabama for oyster aquaculture. For administrative purposes, the board shall be an administrative unit within the department.
(c) The board shall consist of the following members:
(1) The Commissioner of the Alabama Department of Conservation and Natural Resources or his or her designee.
(2) The Commissioner of the Alabama Department of Agriculture and Industries or his or her designee.
(3) The Director of the Alabama Department of Environmental Management or his or her designee.
(4) The Director of the Alabama Department of Public Health or his or her designee.
(5) One member appointed by the Governor representing the Alabama Cooperative Extension System with shellfish aquaculture expertise.
(6) Two members appointed by the Governor representing an association or associations organized and incorporated in the state, which substantially or fairly represent the commercial seafood fishermen and the seafood industry of the state, and whose membership is apportioned and fairly representative of the seafood interests as a whole, economically, educationally, socially, and effectively organized and experienced in the representation of all aspects of the seafood interests and in methods designed to increase or promote the increased use, consumption, marketing, and sale of seafood through the united efforts of the association.
(d) By June 24, 2013, the Commissioner of the Department of Conservation and Natural Resources shall convene a meeting of the board to elect from its members a chair, vice chair, and other officers as the commissioner deems necessary. The board shall adopt rules to govern its proceedings. A majority of the membership of the board shall constitute a quorum for all meetings. A written record shall be maintained of all meetings.
(e) Members of the board shall receive reimbursement for travel expenses incurred in the performance of their duties. Any member of the board who is not employed by a state agency or governmental entity shall be compensated at a rate of one hundred dollars ($100) per day which shall be paid by funds appropriated to the department.
(f) In carrying out its mission, the board is encouraged to act jointly and cooperatively with, and seek input from, other state and federal agencies as it deems appropriate, including, but not limited to, the Alabama Department of Economic and Community Affairs, the National Marine Fisheries Service, the United States Army Corps of Engineers Mobile District, the United States Coast Guard, and the Auburn University Marine Extension and Research Center.
(g) Within 90 days of convening and from time to time, the board shall recommend to the department rules that establish a program for the leasing of submerged land for oyster aquaculture to be administered by the department. The program shall, to the maximum extent possible, streamline the application process so that leases may be issued in an expeditious manner. This shall include coordinating with federal agencies as appropriate, tracking the progress of each application, and ensuring there is open and meaningful communication between the applicant and the department during each stage of the application process.
(h) The oyster aquaculture leasing program shall ensure that aquaculture operations do not adversely impact wild stocks of fish or impinge the oyster riparian rights of any riparian owner of land under Section 9-12-20. Leasing shall be conducted in a manner that considers potential conflicts presented by other uses of the coastal waters, including navigation, recreation, and commercial fishing.
(i) The oyster aquaculture leasing program shall prohibit the propagation of any nonnative species.
","history":"(Act 2013-351, p. 1258, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5643,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5509,"codeId":44007,"versionId":36183,"parentId":44005,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-151","shortTitle":"Section 9-2-151","catchLine":"Rules for Licensing of State Lands for Oyster Aquaculture; Fees.","title":"Section 9-2-151 Rules for Licensing of State Lands for Oyster Aquaculture; Fees.","sectionRange":null,"content":"The commissioner of the department shall adopt rules for the licensing of state lands for oyster aquaculture in accordance with the recommendations of the board and to implement this article. The fees for leasing land pursuant to Section 9-2-150 shall be established by the State Lands Division in a manner that encourages the economic viability of oyster aquaculture in the state.
","history":"(Act 2013-351, p. 1258, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5644,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5510,"codeId":53689,"versionId":null,"parentId":19917,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"9","shortTitle":"Article 9","catchLine":"Alabama State Reservoir Management Development Act.","title":"Article 9 Alabama State Reservoir Management Development Act.","sectionRange":"§9-2-170","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5645,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"},{"id":5511,"codeId":53690,"versionId":46575,"parentId":53689,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"9-2-170","shortTitle":"Section 9-2-170","catchLine":"State Reservoir Management Grant Program and Fund.","title":"Section 9-2-170 State Reservoir Management Grant Program and Fund.","sectionRange":null,"content":"(a) This section shall be known and may be cited as the Alabama State Reservoir Management Development Act.
(b) For the purposes of this section, the following words have the following meanings:
(1) DEPARTMENT. The Department of Conservation and Natural Resources.
(2) LOCAL ENTITY. One or more of the following:
a. A county.
b. An incorporated municipality.
c. An unincorporated municipality.
d. A public entity of a county or municipality.
e. A local public-private partnership.
(3) LOCAL PUBLIC-PRIVATE PARTNERSHIP. Any partnership between a county, incorporated municipality, unincorporated municipality, or any other public entity of a county or municipality and a private organization.
(4) QUALIFIED LOCAL ENTITY. Local entity with an existing reservoir and reservoir debris management plan.
(5) STATE RESERVOIR. A quantity of any public spring, brook, creek, stream, river, pond, swamp, lake, reservoir, impoundment, sound, tidal estuary, bay, waterway, aquifer, or any other body or accumulation of water, surface water, or ground water, natural or artificial, that does any of the following:
a. Is contained within the borders of this state.
b. Flows through or to this state or any portion thereof.
c. Borders upon this state or any portion thereof, including those portions of the Gulf of America over which this state has jurisdiction.
(c)(1) The Commissioner of the Department of Conservation and Natural Resources shall establish and administer the state reservoir management grant program for the purpose of addressing short-term and long-term projects outlined in reservoir management and reservoir debris management plans.
(2) The commissioner shall adopt rules necessary to administer the program and meet the future needs of the grant program. Initial rules to implement the program shall be adopted not later than April 1, 2022.
(d) The state reservoir management grant program shall be administered pursuant to policies developed by the department in compliance with this section. The policies shall provide for the awarding of grants to qualified local entities.
(e) There is created the State Reservoir Management Grant Fund in the State Treasury. The fund is subject to appropriations by the Legislature and gifts, grants, and other donations received by the department for the state reservoir management grant program or fund. The department may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to the department for reservoir management grants that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. The department is prohibited from expending more than three percent of the total amount appropriated for the program on administrative expenses in any fiscal year. Monies in the fund shall be invested by the State Treasurer for the sole benefit of the fund.
(f) Individual grants awarded by the department under this section may only be awarded for projects included in reservoir management and reservoir debris management plans. Grants may be awarded to a qualified local entity based on criteria developed by the department for projects for any of the following purposes:
(1) To control invasive aquatic species in state reservoirs.
(2) To remove debris from navigable waters within state reservoirs primarily after declared natural disasters.
(3) To install, maintain, and repair navigational aids or regulatory signs that are officially designated by the Alabama State Law Enforcement Agency.
(g) Prior to awarding a grant under this section, the qualified local entity shall obtain written concurrence from the owner or operator, or both, of the applicable state reservoir and submit it to the department. No project that receives a grant under this section shall conflict or interfere with any right or obligation of an owner or operator of such state reservoir or otherwise create any duty or liability for such owner or operator with respect to a project for which a grant is awarded.
(h) Beginning October 1, 2022, and each October 1 thereafter, applicants may submit grant applications. Applications for eligible projects shall be evaluated according to a system developed by the department. The department shall announce grant awards by February 1 of the following year. Grant applications shall be published by the department online at the time of the award announcement. Grants issued by the department shall be conditioned upon compliance with the terms of the grant, but shall not otherwise be revocable. Grant awards shall be paid within 60 days upon the department receiving written certification of the completion of the project and evidence of compliance with the terms of the grant as prescribed by the department.
(i) Any grant shall be conditioned on the completion of the project within two years of the awarding of the grant. If the grant is not completed, the applicant may not apply for additional grants within the two-year period.
(j) Each qualified state or local entity shall contribute matching funds equal to 50 percent of the total amount of the grant award. Grant funds may also be used as matching funds for any state or federal program that addresses the purposes of this section.
(k) If grant funds are returned for any reason, the funds shall be deposited in the Alabama State Reservoir Management Grant Fund and shall be available for award the next grant year.
","history":"(Act 2021-447, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":5646,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-09-11T17:06:51.000Z"},{"id":5512,"codeId":20260,"versionId":null,"parentId":9,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"3","shortTitle":"Chapter 3","catchLine":"State Forestry Commission.","title":"Chapter 3 State Forestry Commission.","sectionRange":"§9-3-1 to §9-3-22","content":null,"history":null,"numChildren":26,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":5647,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-07-09T19:05:59.000Z"}]