(a) It shall be unlawful for any person to make, manufacture, possess, use, employ, transport, purchase, sell, give, transfer to another or offer or advertise to sell, give or otherwise transfer to another, or to conspire with, aid, assist or cause another to do any of the foregoing, any prohibited instrument, as defined in this section, Sections 37-8-217, 37-8-220, and 37-8-221, with intent to use or employ or to allow same to be used or employed, or with knowledge or good reason to believe that such instrument is intended to be used or employed, or designed or adapted to be used or employed, to violate any provision of this section, Section 37-8-217, Section 37-8-220, or Section 37-8-221, or to conceal the existence, place of origin or destination, or the true identity of the sender, addressee or receiver of any message, signal or other communication by or over the facilities of telephone, telegraph or other telecommunication from the supplier of such service or any lawful authority.
(b) The unexplained making or manufacturing, possessing, using, employing, transporting, purchasing, selling, giving or transferring, offering or advertising to sell, give or otherwise transfer to another, or attempting, aiding, assisting or causing any other person to do any of the foregoing, of any prohibited instrument shall be prima facie evidence of violation of this section, Section 37-8-217, Section 37-8-220, or Section 37-8-221.
","history":"(Acts 1965, No. 698, p. 1297, §§4, 6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36618,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35577,"codeId":2846,"versionId":2219,"parentId":2827,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-8-220","shortTitle":"Section 37-8-220","catchLine":"Prohibited Instruments - Penalties.","title":"Section 37-8-220 Prohibited Instruments - Penalties.","sectionRange":null,"content":"Any person who violates any provision of this section, Section 37-8-217, Section 37-8-218, or Section 37-8-221 shall be guilty of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $1,000.00, to which, at the discretion of the court or judge trying the case, may be added imprisonment in the county jail or at hard labor for the county for not more than 12 months. Any person who violates any provision of this section, Section 37-8-217, Section 37-8-218, or Section 37-8-221 who has been previously convicted of violating this section, Section 37-8-217, Section 37-8-218, or Section 37-8-221 or of any crime in this or any other state or federal jurisdiction involving fraud or which carries possible punishment by confinement in the penitentiary shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement at hard labor in the penitentiary for not less than one year nor longer than 10 years.
","history":"(Acts 1965, No. 698, p. 1297, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36619,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35578,"codeId":2850,"versionId":2222,"parentId":2827,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-8-221","shortTitle":"Section 37-8-221","catchLine":"Prohibited Instruments - Search and Seizure.","title":"Section 37-8-221 Prohibited Instruments - Search and Seizure.","sectionRange":null,"content":"(a) In addition to the grounds enumerated in Section 15-5-2 for the issuance of search warrants, search warrants may be issued as prescribed in Title 15, for the seizure of any prohibited instrument, as defined in Sections 37-8-217, 37-8-218, 37-8-220, and this section.
(b) Any such prohibited instrument may be seized by court order, under a search warrant or incident to lawful arrest, and shall be held by the sheriff or other lawful peace officer subject to the order of the magistrate or the court to which the proceedings may be carried by appeal; and, upon final disposition of any proceedings in connection with any prohibited instrument, as defined by Sections 37-8-217, 37-8-218, 37-8-220, and this section, such prohibited instrument shall be destroyed by such officer.
(c) Any prohibited instrument, as defined by Sections 37-8-217, 37-8-218, 37-8-220, and this section, lawfully seized, shall not be taken from the custody of the officer by replevin or detinue or other process if it can be shown by such officer that the article seized is a “prohibited instrument,” as defined by this article.
","history":"(Acts 1965, No. 698, p. 1297, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36620,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35579,"codeId":2854,"versionId":null,"parentId":2610,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"Offenses Involving Sale, Use or Distribution of Water.","title":"Article 7 Offenses Involving Sale, Use or Distribution of Water.","sectionRange":null,"content":null,"history":null,"numChildren":0,"isBranchNode":true,"isEmptyBranch":true,"isContentNode":false,"sortOrder":36621,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35580,"codeId":2856,"versionId":null,"parentId":2610,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8","shortTitle":"Article 8","catchLine":"Offenses Involving Reports and Records.","title":"Article 8 Offenses Involving Reports and Records.","sectionRange":null,"content":null,"history":null,"numChildren":0,"isBranchNode":true,"isEmptyBranch":true,"isContentNode":false,"sortOrder":36622,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35581,"codeId":2860,"versionId":null,"parentId":2610,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"9","shortTitle":"Article 9","catchLine":"Offenses Involving Payment of Wages.","title":"Article 9 Offenses Involving Payment of Wages.","sectionRange":"§37-8-270","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36623,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35582,"codeId":2862,"versionId":2230,"parentId":2860,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-8-270","shortTitle":"Section 37-8-270","catchLine":"Biweekly Payment of Wages.","title":"Section 37-8-270 Biweekly Payment of Wages.","sectionRange":null,"content":"Every public service corporation engaged in transportation doing business in this state, employing as many as 50 or more employees, shall be required to make full payment to employees for services performed as often as once every two weeks, or twice during each calendar month, and such payment or settlement shall include all amounts due for labor or services performed up to not less than 15 days previous to the time of payment. Any public service corporation engaged in transportation who violates this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25.00 nor more than $250.00 for each offense, and each day’s violation against each employee shall constitute a separate offense.
","history":"(Acts 1931, No. 525, p. 636; Code 1940, T. 48, §474.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36624,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35583,"codeId":2866,"versionId":null,"parentId":2610,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"10","shortTitle":"Article 10","catchLine":"Unlawful Solicitation of Claims.","title":"Article 10 Unlawful Solicitation of Claims.","sectionRange":"§37-8-280","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36625,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35584,"codeId":2867,"versionId":2234,"parentId":2866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-8-280","shortTitle":"Section 37-8-280","catchLine":"Soliciting Claims from Shippers or Consignees Against Carriers.","title":"Section 37-8-280 Soliciting Claims from Shippers or Consignees Against Carriers.","sectionRange":null,"content":"Any agent, officer or attorney of any traffic association or freight bureau who asks, solicits or bids for any claim from any shipper or consignee against any carrier shall be guilty of a misdemeanor and, upon conviction, shall be fined for each offense not less than $500.00 nor more than $1,000.00.
","history":"(Code 1923, §5389; Code 1940, T. 48, §475.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36626,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35585,"codeId":2887,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9","shortTitle":"Chapter 9","catchLine":"Regulation of Air Commerce.","title":"Chapter 9 Regulation of Air Commerce.","sectionRange":"§37-9-1 to §37-9-32","content":null,"history":null,"numChildren":32,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36627,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35586,"codeId":2889,"versionId":2254,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-1","shortTitle":"Section 37-9-1","catchLine":"Title of Chapter.","title":"Section 37-9-1 Title of Chapter.","sectionRange":null,"content":"This chapter shall be known and may be cited as the “Alabama Air Commerce Act.”
","history":"(Acts 1945, No. 269, p. 414, §27.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36628,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35587,"codeId":2892,"versionId":2257,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-2","shortTitle":"Section 37-9-2","catchLine":"Definitions.","title":"Section 37-9-2 Definitions.","sectionRange":null,"content":"As used in this chapter, unless the context otherwise requires:
(1) AIR CARRIER. This term includes both a common carrier by aircraft and a contract carrier by aircraft.
(2) AIR COMMERCE. The carriage by aircraft of persons or property, or any class or classes thereof, for compensation or hire in intrastate commerce in this state, including such aircraft operations of carriers by rail, water or motor vehicle, and/or express or forwarding companies, except pilot training, flight instruction, sale of property and services for aircraft, engines and accessories.
(3) AIRCRAFT. Any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air.
(4) BROKER. Any person not included in the term “air carrier” and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation subject to this chapter, or negotiates for or holds himself, or itself, out by solicitation, advertisement or otherwise as one who sells, provides, furnishes, contracts or arranges for such transportation.
(5) CERTIFICATE. A certificate of public convenience and necessity issued under this chapter to a common carrier by aircraft.
(6) CITIZEN OF THE UNITED STATES.
a. An individual who is a citizen of the United States or one of its possessions, territorial or otherwise, or
b. A partnership of which each member is such an individual, or
c. A corporation or association created or organized under the laws of the United States or of any state, territory or possession of the United States, of which the president and two-thirds or more of the board of directors and other managing officers thereof are such individuals, and in which at least 75 percent of the voting interest is owned or controlled by persons who are citizens of the United States or one of its possessions.
(7) COMMISSION. The Alabama Public Service Commission.
(8) COMMON CARRIER BY AIRCRAFT. Any person which holds itself out to the general public, whether directly or indirectly, or by a lease or other arrangement and, whether over regular or irregular routes, to engage in air commerce.
(9) CONTRACT CARRIER BY AIRCRAFT. Any person, who, except as provided in subsection (a) of Section 37-9-20, undertakes, otherwise than as a common carrier by aircraft, whether directly or indirectly, or by a lease or any other arrangement, to engage in air commerce.
(10) LICENSE. A license issued under this chapter to a broker.
(11) OVERCHARGES. Charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the commission.
(12) PERMIT. A permit issued under this chapter to a contract carrier by aircraft.
(13) PERSON. Any individual, firm, copartnership, corporation, company, association, joint stock association or a body politic and includes any trustee, receiver, assignee or other similar representative thereof.
(14) SERVICE and TRANSPORTATION. Such terms include all aircraft operated by, for, or in the interest of any air carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in air commerce or in the performance of any service in connection therewith.
(15) STATE. Any of the several states or the District of Columbia.
","history":"(Acts 1945, No. 269, p. 414, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36629,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35588,"codeId":2895,"versionId":2260,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-3","shortTitle":"Section 37-9-3","catchLine":"Exemptions from Operation of Chapter - United States Mail; Occasional Intrastate Commerce.","title":"Section 37-9-3 Exemptions from Operation of Chapter - United States Mail; Occasional Intrastate Commerce.","sectionRange":null,"content":"Nothing in this chapter shall be construed to apply to:
(1) The transportation or handling of United States mail; or
(2) The casual, occasional or reciprocal carriage of passengers or property by aircraft in intrastate commerce for compensation by any person not engaged in air commerce as a regular occupation or business, unless, in the case of transportation of passengers, such transportation is sold or offered for sale or provided or procured or furnished or arranged for by a broker, or by any other person who sells or offers for sale transportation furnished by a person lawfully engaged in the transportation of passengers by aircraft under a certificate or permit issued under this chapter or under a pending application for such certificate or permit.
","history":"(Acts 1945, No. 269, p. 414, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36630,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35589,"codeId":2898,"versionId":2263,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-4","shortTitle":"Section 37-9-4","catchLine":"Exemptions from Operation of Chapter - Interstate Commerce.","title":"Section 37-9-4 Exemptions from Operation of Chapter - Interstate Commerce.","sectionRange":null,"content":"Nothing in this chapter shall apply to, or be construed or held to apply to, any common carrier by aircraft which the commission shall by order determine to be engaged mainly and principally in interstate commerce and whose intrastate business is incidental to its interstate business, provided the commission shall find that its operations are conducted pursuant to a certificate or certificates of public convenience and necessity issued by the Civil Aeronautics Board of the United States of America or by any other governmental agency successor thereto.
","history":"(Acts 1945, No. 269, p. 414, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36631,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35590,"codeId":2901,"versionId":2266,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-5","shortTitle":"Section 37-9-5","catchLine":"Declaration of Policy.","title":"Section 37-9-5 Declaration of Policy.","sectionRange":null,"content":"(a) It is hereby declared to be the policy of this state to regulate intrastate air commerce in such manner as to:
(1) Recognize and preserve the inherent advantages of such commerce;
(2) Foster sound economic conditions in such commerce and among air carriers in the public interest;
(3) Promote adequate, economical and efficient service by air carriers and to provide reasonable charges therefor, without unjust discrimination, undue privileges or advantages and unfair or destructive competitive practices;
(4) Provide for competition to the extent necessary to assure the sound development of an air transportation system properly adapted to meet the needs of the commerce of the United States and this state and of the national and state defense;
(5) Improve the relations between and coordinate transportation by and regulation of air carriers and other carriers; and
(6) Cooperate with the federal government and the several states of the United States and the duly authorized officials thereof in the administration and enforcement of this chapter.
(b) All of the provisions of this chapter shall be administered and enforced with a view to carrying out the above declaration of policy.
","history":"(Acts 1945, No. 269, p. 414, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36632,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35591,"codeId":2903,"versionId":2268,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-6","shortTitle":"Section 37-9-6","catchLine":"No Property Rights in Use of Airspace Conferred by Chapter.","title":"Section 37-9-6 No Property Rights in Use of Airspace Conferred by Chapter.","sectionRange":null,"content":"Nothing in this chapter shall confer any proprietary or property rights in the use of airspace over the State of Alabama.
","history":"(Acts 1945, No. 269, p. 414, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36633,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35592,"codeId":2905,"versionId":2270,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-7","shortTitle":"Section 37-9-7","catchLine":"Air Commerce Subject to Chapter and to Control of Commission.","title":"Section 37-9-7 Air Commerce Subject to Chapter and to Control of Commission.","sectionRange":null,"content":"No person shall engage in air commerce except in accordance with the provisions of this chapter, and every person engaging in air commerce is hereby declared to be subject to control, supervision and regulation by the commission.
","history":"(Acts 1945, No. 269, p. 414, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36634,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35593,"codeId":2906,"versionId":2271,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-8","shortTitle":"Section 37-9-8","catchLine":"Duty of Commission to Administer Chapter; Rules, Regulations and Orders of Commission.","title":"Section 37-9-8 Duty of Commission to Administer Chapter; Rules, Regulations and Orders of Commission.","sectionRange":null,"content":"It shall be the duty of the commission to administer the provisions of this chapter, and to that end the commission is hereby authorized to make and amend such general or specific rules and regulations and to issue such orders as may be reasonably necessary to carry out such provisions.
","history":"(Acts 1945, No. 269, p. 414, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36635,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35594,"codeId":2908,"versionId":2273,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-9","shortTitle":"Section 37-9-9","catchLine":"Inquiries into Business of Air Carriers, Brokers, Etc.","title":"Section 37-9-9 Inquiries into Business of Air Carriers, Brokers, Etc.","sectionRange":null,"content":"The commission shall have authority, for purposes of the administration of the provisions of this chapter, to inquire into the management of the business of air carriers and brokers and into the management of the business of persons controlling, controlled by or under common control with air carriers, to the extent that the business of such persons is related to the management of the business of one or more air carriers, and the commission shall keep itself informed as to the manner and method in which the same are conducted and may require such carriers and persons to furnish such information as the commission deems necessary to carry out the provisions of this chapter.
","history":"(Acts 1945, No. 269, p. 414, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36636,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35595,"codeId":2911,"versionId":2275,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-10","shortTitle":"Section 37-9-10","catchLine":"Establishment of Classifications for Air Carriers and Brokers; Authority to Exempt Same from Operation of Chapter.","title":"Section 37-9-10 Establishment of Classifications for Air Carriers and Brokers; Authority to Exempt Same from Operation of Chapter.","sectionRange":null,"content":"The commission may make such just and reasonable classifications for brokers and air carriers, according to geographical sections, types or otherwise, as it may determine to be in the public interest, and may make any provision of this chapter inapplicable to any or all brokers or air carriers or classes thereof for such periods or until such time and subject to such terms and conditions, as it may deem to be in the public interest. Such action shall be taken with the objective of so adjusting the regulatory provisions hereof to the changing conditions of the brokerage and air carrier business as to avoid undue administrative burdens.
","history":"(Acts 1945, No. 269, p. 414, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36637,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35596,"codeId":2913,"versionId":2277,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-11","shortTitle":"Section 37-9-11","catchLine":"Investigation of Noncompliance with Chapter or Orders, Etc., of Commission; Remedial Action by Commission; Dismissal of Complaints.","title":"Section 37-9-11 Investigation of Noncompliance with Chapter or Orders, Etc., of Commission; Remedial Action by Commission; Dismissal of Complaints.","sectionRange":null,"content":"The commission may investigate, either upon complaint or upon its own initiative, whether any broker or air carrier has failed to comply with any provisions of this chapter or with any orders, rules, regulations or requirements issued or established pursuant thereto and, after notice and hearing, take appropriate action to compel compliance therewith. Whenever the commission is of the opinion that any complaint does not state reasonable grounds for action on its part, it may dismiss such complaint.
","history":"(Acts 1945, No. 269, p. 414, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36638,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35597,"codeId":2915,"versionId":2279,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-12","shortTitle":"Section 37-9-12","catchLine":"Cooperation with State and Federal Authorities.","title":"Section 37-9-12 Cooperation with State and Federal Authorities.","sectionRange":null,"content":"The commission is authorized to confer with or to hold joint hearings with any authorities of any state or of the government of the United States having jurisdiction with respect to matters involving air carriers, in connection with any matter arising under this chapter. The commission is also authorized to avail itself of the cooperation, services, records and facilities of such authorities, as fully as may be practicable, in the enforcement or administration of any provision of this chapter.
","history":"(Acts 1945, No. 269, p. 414, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36639,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35598,"codeId":2917,"versionId":2281,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-13","shortTitle":"Section 37-9-13","catchLine":"Interstate Rates, Services, Etc.","title":"Section 37-9-13 Interstate Rates, Services, Etc.","sectionRange":null,"content":"The commission shall have authority to investigate all interstate rates, fares, charges, classifications and services, or rules or practices in relation thereto, for or in relation to the interstate transportation of property or passengers by aircraft, where any act in relation thereto shall take place within, or affect the commerce of, the state. When such rates, fares, charges or classifications are, in the opinion of the commission, excessive or discriminatory or are levied or laid in violation of the act of Congress entitled “The Civil Aeronautics Act of 1938,” approved June 23, 1938, and the acts amendatory thereof and supplementary thereto, or in conflict with the rules, orders or regulations of the authorities having jurisdiction thereof, or when such services are, in the opinion of the commission, inadequate, unsatisfactory or discriminatory, the commission may apply by petition to the authorities having jurisdiction thereof, for relief and may present to such authorities all facts coming to the commission’s knowledge as to violations of the rules, orders or regulations of such authorities or as to violations of the said Civil Aeronautics Act of 1938, or acts amendatory thereof or supplementary thereto.
","history":"(Acts 1945, No. 269, p. 414, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36640,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35599,"codeId":2919,"versionId":2283,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-14","shortTitle":"Section 37-9-14","catchLine":"Proceedings Before Commission.","title":"Section 37-9-14 Proceedings Before Commission.","sectionRange":null,"content":"Except as herein otherwise expressly provided, in all respects in which the commission has power and authority under the Constitution of this state or this chapter, applications and complaints may be made and filed with the commission; processes, notices and orders issued, served and proved; hearings held, opinions, orders and decisions made, reconsidered, amended, revoked and filed; petitions for rehearing filed and acted upon; and appeals and petitions for writs of mandate filed with the courts of this state and considered and disposed of by said courts, in regard to the matters provided for in this chapter, in the same manner, under the same conditions and subject to the same limitations and with the same effect specified in Chapter 3 of this title, or acts amendatory thereof or supplementary thereto, as far as may be practicable.
","history":"(Acts 1945, No. 269, p. 414, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36641,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35600,"codeId":2921,"versionId":2285,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-15","shortTitle":"Section 37-9-15","catchLine":"Conflicts of Interest of Members or Employees of Commission.","title":"Section 37-9-15 Conflicts of Interest of Members or Employees of Commission.","sectionRange":null,"content":"No member of the commission nor any employee of the commission appointed or employed in the administration of this chapter, shall in any manner, directly or indirectly, have pecuniary interest in, or any securities of, or hold any position with, any air carrier, broker, motor carrier, railroad, steamboat or canal company.
","history":"(Acts 1945, No. 269, p. 414, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36642,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35601,"codeId":2923,"versionId":2287,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-16","shortTitle":"Section 37-9-16","catchLine":"Certificates for Common Carriers and Permits for Contract Carriers - Required.","title":"Section 37-9-16 Certificates for Common Carriers and Permits for Contract Carriers - Required.","sectionRange":null,"content":"(a) Certificate. No person shall engage in the business of a common carrier by aircraft unless there is in force a certificate issued by the commission authorizing such person to engage in such business.
(b) Permit. No person shall engage in the business of a contract carrier by aircraft, except passenger common carriers by aircraft, as provided in subsection (a) of Section 37-9-20, unless there is in force a permit issued by the commission authorizing such person to engage in such business.
","history":"(Acts 1945, No. 269, p. 414, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36643,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35602,"codeId":2925,"versionId":2289,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-17","shortTitle":"Section 37-9-17","catchLine":"Certificates for Common Carriers and Permits for Contract Carriers - Application; Notice and Public Hearing on Application; Investigations to Determine Need for Additional Air Transportation; Institution of Proceedings to Furnish Additional Services Determined Necessary.","title":"Section 37-9-17 Certificates for Common Carriers and Permits for Contract Carriers - Application; Notice and Public Hearing on Application; Investigations to Determine Need for Additional Air Transportation; Institution of Proceedings to Furnish Additional Services Determined Necessary.","sectionRange":null,"content":"(a) Applications for certificates and permits shall be made in writing to the commission, be verified under oath and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the commission shall, by regulation, require.
(b) Upon the filing of applications for certificates or permits, the commission shall give due notice thereof:
(c) The commission, upon its own initiative, whenever it deems such action advisable, may conduct an investigation to determine whether additional air transportation appears to be needed, and if, after such investigation, the commission is of the opinion that such procedure is appropriate, it may encourage the filing of applications for certificates authorizing the furnishing of such transportation. If such transportation may be furnished through the extension of existing service, the commission may institute a proceeding to require such extension in accordance with the provisions of Section 37-9-22.
","history":"(Acts 1945, No. 269, p. 414, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36644,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35603,"codeId":2927,"versionId":2291,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-18","shortTitle":"Section 37-9-18","catchLine":"Certificates for Common Carriers and Permits for Contract Carriers - Surety Bonds, Insurance Policies, Etc., Required.","title":"Section 37-9-18 Certificates for Common Carriers and Permits for Contract Carriers - Surety Bonds, Insurance Policies, Etc., Required.","sectionRange":null,"content":"No certificate or permit shall be issued to an air carrier or shall remain in force unless such carrier complies with such reasonable rules and regulations as the commission shall prescribe covering the filing and approval of surety bonds, policies of insurance, qualifications as a self-insurer or other securities or agreements in such reasonable amount as the commission may require, conditioned to pay, within the amount of such surety bonds, policies of insurance, qualifications as a self-insurer or other securities or agreements, any final judgment recovered against such air carrier for a bodily injury or the death of any person resulting from the negligent operation, maintenance or use of aircraft under such certificate or permit, or for loss or damage to property of others. The commission may, in its discretion and under such rules and regulations as it shall prescribe, require any such air carrier to file a surety bond, policies of insurance, qualifications as a self-insurer or other securities or agreements, in a reasonable sum to be determined by the commission, to be conditioned upon such carrier making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into the possession of such carrier in connection with its transportation service. Any carrier which may be required by law to compensate a shipper or consignee for any loss, damage or default for which a connecting carrier is legally responsible shall be subrogated to the rights of such shipper or consignee under any such bond, policies of insurance or other securities or agreements, to the extent of the sum so paid. Nothing in this chapter shall relieve a certificate or permit holder from any liability for negligence, whether or not it has complied with the requirements of this section.
","history":"(Acts 1945, No. 269, p. 414, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36645,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35604,"codeId":2929,"versionId":2293,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-19","shortTitle":"Section 37-9-19","catchLine":"Certificates for Common Carriers and Permits for Contract Carriers - Issuance or Denial; Standards; Temporary Authorization for Service.","title":"Section 37-9-19 Certificates for Common Carriers and Permits for Contract Carriers - Issuance or Denial; Standards; Temporary Authorization for Service.","sectionRange":null,"content":"(a) The commission shall, subject to subsections (b) and (d) of this section and Section 37-9-18, issue a certificate or permit as applied for authorizing the whole or any part of the operation covered by an application for a certificate or permit, if it finds that the applicant is fit, willing and able to perform such operation properly and to conform to the provisions of this chapter and the rules, regulations and requirements of the commission hereunder, and that such operation, and the performance thereof by the applicant, is required by public convenience and necessity or for the public interest, as the case may be, and is consistent with the declaration of policy declared in Section 37-9-5; otherwise, such application shall be denied. If the commission finds that the public convenience and necessity or the public interest, as the case may be, requires operation of the applicant as a common or contract carrier by aircraft only for a limited period or periods, it shall issue a certificate or permit only for such period or periods.
(b) No certificate or permit shall be issued under this chapter to any person who is not a citizen of the United States.
(c) No certificate or permit shall be issued to any person to operate as an air carrier unless the applicant submits evidence, reasonably satisfactory to the commission, showing that it will comply with the provisions of the laws of the United States and the lawful rules, regulations and orders thereunder, respecting safety of operations and the provisions of the Alabama Aeronautics Department Act, or any act amendatory thereof or supplementary thereto, with respect to the right to use such airports, air lanes and aircraft, as may be necessary in order to properly conduct the proposed operation and observe proper standards of safety in the operation or navigation of aircraft.
(d) To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no air carrier service capable of meeting such need, the commission may, in its discretion and without hearings or other proceedings, grant temporary authority for such service by a common carrier or a contract carrier by aircraft, as the case may be. Such temporary authority, unless suspended or revoked for good cause shall be valid for such time as the commission shall specify, but for not more than an aggregate of 120 days, and shall in no event create a presumption that corresponding permanent authority will be granted thereafter. Transportation services rendered under such temporary authority shall be subject to all applicable provisions of this chapter and to the rules, regulations and requirements of the commission thereunder.
","history":"(Acts 1945, No. 269, p. 414, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36646,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35605,"codeId":2931,"versionId":2295,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-20","shortTitle":"Section 37-9-20","catchLine":"Certificates for Common Carriers and Permits for Contract Carriers - Contents; Terms, Conditions and Limitations; Effective Date; Duration; Charter Flights; Emergency Landings, Etc.","title":"Section 37-9-20 Certificates for Common Carriers and Permits for Contract Carriers - Contents; Terms, Conditions and Limitations; Effective Date; Duration; Charter Flights; Emergency Landings, Etc.","sectionRange":null,"content":"(a) Each certificate issued under this chapter shall specify the points between which, or areas within which the person is authorized to engage in operations as a common carrier by aircraft, the services to be rendered and, in the case of carriage of goods, the commodity or commodities authorized to be transported. There shall be attached to the exercise of the privileges granted by such certificate, or amendment thereto, such reasonable terms, conditions and limitations as the public interest may require; except, that no term, condition or limitation shall restrict the right of the common carrier by aircraft to add to or change schedules, equipment, accommodations and facilities for performing the authorized transportation and service as the development of the business and the demands of the public shall require. Any common carrier by aircraft transporting passengers under a certificate issued by the commission may make charter trips or perform any other special service without regard to the points named in its certificate, under regulations prescribed by the commission. In making such trips and performing such service, a common carrier by aircraft shall not be considered a contract carrier by aircraft or subject to the provisions of this chapter relating to contract carriers by aircraft.
(b) Each permit issued under this chapter shall specify the points between which, or area within which, operation as a contract carrier by aircraft is to be permitted, the nature of the traffic and the scope of the business to be authorized thereby, and, in the case of the carriage of goods, the commodity or commodities authorized to be transported. There shall be attached to the exercise of the privileges granted by such permit, or amendment thereto, such reasonable terms, conditions and limitations as the public interest may require; except, that no term, condition or limitation shall restrict the right of the common carrier by aircraft to change or add contracts within the scope of the permit or to change or add to its equipment or facilities for performing the authorized operation as the public interest may require; but such permit shall not authorize operation as a common carrier by aircraft.
(c) Each certificate or permit shall be effective from the date specified therein and shall continue in effect until suspended or revoked as hereinafter provided or until the commission shall certify that operation thereunder has ceased or, if issued for a limited period of time under subsection (d) of Section 37-9-19, shall continue in effect until the expiration thereof, unless, prior to the date of expiration, such certificate or permit shall be modified, suspended or revoked as provided herein, or the commission shall certify that operations thereunder have ceased; provided, that if any service authorized by a certificate or permit is not inaugurated within such period, not less than 90 days after the date of the authorization as shall be fixed by the commission or, if for a period of 90 days or such other greater period as may be designated by the commission any such service is not operated, the commission may, by order entered after notice and opportunity for hearing, direct that such certificate or permit shall thereupon cease to be effective to the extent of such service.
(d) No aircraft shall be deemed to have violated any term, condition or limitation of its certificate or permit, as the case may be, by landing or taking-off in an emergency at a point not carried in its certificate or permit or by operating during an emergency between terminal and intermediate points other than those specified in its certificate or permit.
","history":"(Acts 1945, No. 269, p. 414, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36647,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35606,"codeId":2933,"versionId":2297,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-21","shortTitle":"Section 37-9-21","catchLine":"Certificates for Common Carriers and Permits for Contract Carriers - Alteration, Amendment, Modification, Suspension or Revocation.","title":"Section 37-9-21 Certificates for Common Carriers and Permits for Contract Carriers - Alteration, Amendment, Modification, Suspension or Revocation.","sectionRange":null,"content":"The commission, upon petition or complaint or upon its own initiative, after notice and opportunity for hearing, may by order alter, amend, modify, suspend or revoke any certificate or permit, in whole or in part, for intentional misrepresentation of a material fact in obtaining such certificate or permit or for intentional failure to comply with any provision of this chapter or any order, rule or regulation issued hereunder or any term, condition or limitation of such certificate or permit; provided, that no such certificate or permit shall be revoked for failure to comply with any provision of this chapter or any order, rule or regulation issued hereunder, or any term, condition or limitation of such certificate or permit, unless the holder thereof fails to comply, within a reasonable time to be fixed by the commission, with an order of the commission commanding obedience to the provisions or to the order (other than an order issued in accordance with this provision), rule, regulation, term, condition or limitation found by the commission to have been violated. Any interested person may file with the commission a protest or memorandum in support of or in opposition to the alteration, amendment, modification, suspension or revocation of a certificate.
","history":"(Acts 1945, No. 269, p. 414, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36648,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35607,"codeId":2935,"versionId":2299,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-22","shortTitle":"Section 37-9-22","catchLine":"Certificates for Common Carriers and Permits for Contract Carriers - Authority to Require Common Carriers to Make Reasonable Extension of Existing Service.","title":"Section 37-9-22 Certificates for Common Carriers and Permits for Contract Carriers - Authority to Require Common Carriers to Make Reasonable Extension of Existing Service.","sectionRange":null,"content":"The commission, upon petition or complaint or upon its own initiative, after notice and opportunity for hearing, may by order require any common carrier by aircraft to make reasonable extension of its existing service if the commission finds that such extension is required by the public convenience and necessity and that the expense involved will not impair the ability of such common carrier to perform its duties to the public under its existing certificate or certificates. Such order shall provide for such amendment of the certificate or certificates held by such common carrier as may be necessary because of such extension.
","history":"(Acts 1945, No. 269, p. 414, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36649,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35608,"codeId":2937,"versionId":2301,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-23","shortTitle":"Section 37-9-23","catchLine":"Certificates for Common Carriers and Permits for Contract Carriers - Transfer or Lease.","title":"Section 37-9-23 Certificates for Common Carriers and Permits for Contract Carriers - Transfer or Lease.","sectionRange":null,"content":"Any certificate or permit may be transferred or leased subject to the approval of the commission and under such rules and regulations as may be prescribed by the commission. Except where a transfer of a certificate or a permit results from the operation of law, approval of such transfer or lease shall be given only upon a finding by the commission, after notice and opportunity for a hearing, that such transfer or lease will be consistent with the public interest. The application for approval shall be made jointly by the transferor and the transferee or lessor and lessee. No value shall be allowed for any purpose for any certificate or permit issued under this chapter.
","history":"(Acts 1945, No. 269, p. 414, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36650,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35609,"codeId":2939,"versionId":2303,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-24","shortTitle":"Section 37-9-24","catchLine":"Broker’s Licenses; Bond or Other Security Required of Brokers; Powers of Commission as to Brokers’ Accounts, Reports and Records.","title":"Section 37-9-24 Broker’s Licenses; Bond or Other Security Required of Brokers; Powers of Commission as to Brokers’ Accounts, Reports and Records.","sectionRange":null,"content":"(a) No person shall, for compensation, sell or offer for sale transportation subject to this chapter or shall make any contract, agreement or arrangement to provide, procure, furnish or arrange for such transportation or shall hold himself or itself out by advertisement, solicitation or otherwise as one who sells, provides, procures, contracts or arranges for such transportation, unless such person holds a brokers license issued by the commission to engage in such transaction; provided, that no such person shall engage in transportation subject to this chapter unless he or it holds a certificate or permit as provided in this chapter. In the execution of any contract, agreement or arrangement to sell, provide, procure, furnish or arrange for such transportation, it shall be unlawful for such person to employ any air carrier who, or which, is not the lawful holder of a certificate or permit issued as provided in this chapter; provided, that the provisions of this subsection shall not apply to any carrier holding a certificate or permit under the provisions of this chapter or to any bona fide employee or agent of such carrier, so far as concerns transportation to be furnished wholly by such carrier or jointly with other carriers holding like certificates or permits or with a common carrier by railroad, motor vehicle, express or water.
(b) The provisions of subsections (a) and (b) of Section 37-9-17 shall apply with like force and effect to brokerage licenses and, for such purpose the term “certificate” as used in such subsections shall include “license.” A brokerage license shall be issued to any qualified applicant to have authority to engage in the whole or any part of the operations covered by the application if it is found that the applicant is fit, willing and able properly to perform the services proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission thereunder, and that the proposed service, to the extent to be authorized by the license is, or will be, consistent with the public interest and the declaration of policy contained in Section 37-9-5; otherwise such application shall be denied.
(c) The provisions of Sections 37-9-21 and 37-9-23 shall apply with like force and effect to brokerage licenses, and for such purpose the term “certificate” as used in such sections shall include “license.”
(d) The commission shall prescribe reasonable rules and regulations for the protection of travelers or shippers by air carrier, to be observed by any person holding a brokerage license, and no such license shall be issued or remain in force unless such person shall have furnished a bond or other security approved by the commission in such form and amount as will insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements or arrangement therefor.
(e) The commission and its employees shall have the same authority as to accounts, reports and records, including inspection and the preservation thereof, of any person holding a brokerage license issued under the provisions of this section that they have under this chapter with respect to air carriers.
","history":"(Acts 1945, No. 269, p. 414, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36651,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35610,"codeId":2941,"versionId":2304,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-25","shortTitle":"Section 37-9-25","catchLine":"Establishment of Fees for Permits, Certificates, Etc.; Disposition of Revenue.","title":"Section 37-9-25 Establishment of Fees for Permits, Certificates, Etc.; Disposition of Revenue.","sectionRange":null,"content":"(a) The commission shall have the right to fix reasonable fees to be paid to the commission by any applicant for a certificate or permit or for any other purpose provided for by the terms of this chapter; provided, that such fees in all instances be reasonable and comparable to the fees charged and collected from applicants for certificates or permits or otherwise for other modes of transportation than by aircraft.
(b) All fees or sums collected by the commission under the provisions of this chapter shall be deposited with the State Treasurer of Alabama and shall be set aside by him in a separate fund earmarked for the use of the commission in the administration and enforcement of this chapter.
","history":"(Acts 1945, No. 269, p. 414, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36652,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35611,"codeId":2943,"versionId":2306,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-26","shortTitle":"Section 37-9-26","catchLine":"Abandonment or Discontinuance of Route.","title":"Section 37-9-26 Abandonment or Discontinuance of Route.","sectionRange":null,"content":"No common carrier by aircraft shall abandon or discontinue any route, or part thereof, for which a certificate has been issued by the commission, unless upon the application of such common carrier, after notice and opportunity for hearing, the commission shall find such abandonment or discontinuance to be in the public interest. Any interested person may file with the commission a protest or memorandum of opposition to or in support of any such abandonment. The commission may, by regulation or otherwise, authorize such temporary suspension of service as may be in the public interest.
","history":"(Acts 1945, No. 269, p. 414, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36653,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35612,"codeId":2948,"versionId":2309,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-27","shortTitle":"Section 37-9-27","catchLine":"Air Carriers to File Tariff of Rates, Fares and Charges; Rejection of Tariff and Consequences Thereof; Refunds or Remittances of Rates, Fares and Charges; Changes in Rates, Fares and Charges; Filing of Divisions of Joint Rates, Fares and Charges.","title":"Section 37-9-27 Air Carriers to File Tariff of Rates, Fares and Charges; Rejection of Tariff and Consequences Thereof; Refunds or Remittances of Rates, Fares and Charges; Changes in Rates, Fares and Charges; Filing of Divisions of Joint Rates, Fares and Charges.","sectionRange":null,"content":"(a) Every common carrier by aircraft shall file with the commission, print and make available to the public, tariffs showing all the rates, fares and charges for the intrastate transportation of persons or property within the state between points served by it, and between points served by it and points served by any other common carriers when through intrastate service and rates have been established, and all classifications, rules, regulations, practices and services in connection with such transportation.
(b) Every contract carrier by aircraft shall file with the commission, print and make available to the public, tariffs showing all minimum rates, fares and charges for the intrastate transportation of persons or property within the state, and all classifications, rules, regulations, practices and services in connection with such transportation.
(c) Air carrier tariffs shall be filed, printed and made available to the public to the extent and in the manner required by reasonable regulations of the commission. The form of such tariff shall be prescribed by the commission and shall conform as nearly as may be to the form of tariffs required of air carrier and air contractors by the Civil Aeronautics Board or other administrative agency of the federal government under the Act of Congress entitled, “The Civil Aeronautics Act of 1938,” approved June 23, 1938, and the acts amendatory thereof and supplementary thereto. The rates, fares and charges shown in any tariff shall be stated in terms of lawful money of the United States.
(d) The commission is empowered to reject any tariff which is not consistent with this section and the reasonable regulations of the commission thereunder. Any tariff so rejected shall be void.
(e) No common carrier by aircraft shall charge or demand or collect or receive a greater or less or a different compensation for the intrastate transportation of persons or property, or for any service in connection therewith, than the rates, fares and charges specified in its currently effective tariff; and no common carrier by aircraft shall in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the rates, fares or charges so specified or extend to any person any privileges or facilities, with respect to matters required by the commission to be specified in such tariffs, except those specified therein. In the event that an excessive rate, fare or charge is stated in a currently effective tariff through error, the common carrier by aircraft may, in accordance with the regulations prescribed by the commission, make appropriate refunds to any persons paying such charge.
(f) No contract carrier by aircraft shall charge, demand, collect or receive a less compensation for the transportation of persons or property, or for any service in connection therewith, than the rates or charges specified in its currently effective tariffs; and no contract carrier shall in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the compensation for such transportation so as to reduce such compensation below the rate, fare or charge so specified or extend to any person any privileges or facilities, with respect to matters required by the commission to be specified in such tariffs, except those specified therein. In the event that an excessive minimum rate, fare or charge is stated in a currently effective tariff through error, the contract carrier may, in accordance with regulations issued by the commission, make appropriate refunds to any persons paying such charge.
(g) Nothing in this chapter shall prohibit air carriers, under such reasonable terms and conditions as the commission may prescribe, from issuing or interchanging tickets or passes for free or reduced-rate transportation to their directors, officers and employees and their immediate families, witnesses summoned by them and attorneys duly employed by them and actually attending any legal investigation in which such air carrier is interested, persons injured in aircraft accidents and physicians and nurses attending such person or any person or property with the object of providing relief in cases of general epidemic or of calamity. No air carrier shall provide free or reduced-rate transportation to any other persons or under any other circumstances.
(h) No change shall be made in any rate, fare or charge in or any classification, rule, regulation or practice affecting any such rate, fare, charge or the value of the service thereunder, specified in any effective tariff or any common carrier by aircraft, except after 30 days notice of the proposed change filed, printed and made available to the public in accordance with subsections (a) and (c) of this section. Such notice shall plainly state the change proposed to be made and the time such change will take effect. The commission may, in the public interest, by regulation or otherwise, allow such change upon notice less than that herein specified or required in this section with respect to filing and posting of tariffs, either in the particular instance or by general order applicable to specific or peculiar instances or conditions; provided, that such action on the part of the commission shall in no way work a discrimination against any person.
(i) No reduction shall be made in any rate, fare or charge, specified in any effective tariff of any contract carrier by aircraft, and no change shall be made in any classification, rule, regulation or practice affecting any such rate, fare or charge, or the value of the service thereunder, except after 30 days notice of the proposed reduction or change filed, printed, and made available to the public in accordance with subsections (b) and (c) of this section. Such notice shall plainly state the reduction or change proposed to be made and the time such reduction or change will take effect. The commission may, in the public interest, by regulation or otherwise, allow such reduction or change by notice less than that specified herein; provided, that such action on the part of the commission shall in no way work a discrimination against any person.
(j) Every common carrier by aircraft shall keep currently on file with the commission, if the commission so requires, the established divisions of all joint rates, fares and charges for air transportation in which such common carrier participates.
","history":"(Acts 1945, No. 269, p. 414, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36654,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35613,"codeId":2953,"versionId":2313,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-28","shortTitle":"Section 37-9-28","catchLine":"Duties of Air Carriers as to Service, Facilities, Etc.; Undue Preferences and Advantages Prohibited; Extension of Credit; Commission to Establish, Enforce, Etc., Reasonable Rates, Fares, Etc.; Proceedings as to Validity of Rates, Fares, Etc.; Authority to Prescribe Service and Rates, Fares, Etc.; Time Tables.","title":"Section 37-9-28 Duties of Air Carriers as to Service, Facilities, Etc.; Undue Preferences and Advantages Prohibited; Extension of Credit; Commission to Establish, Enforce, Etc., Reasonable Rates, Fares, Etc.; Proceedings as to Validity of Rates, Fares, Etc.; Authority to Prescribe Service and Rates, Fares, Etc.; Time Tables.","sectionRange":null,"content":"(a) It shall be the duty of every common carrier by aircraft to provide and furnish intrastate transportation, as authorized by its certificate, upon reasonable request to have and to provide reasonable through intrastate service in such transportation in connection with other such carriers or with common carriers by railroad, motor vehicles, express or water; to provide adequate and reasonable service, equipment, facilities, waiting rooms and rest rooms, in connection with such transportation; to establish, observe and enforce just and reasonable individual and joint rates, fares and charges and just and reasonable classifications, rules, regulations and practices relating to such transportation; and in case of such joint rates, fares and charges, to establish just, reasonable and equitable divisions thereof as between common carriers by aircraft participating therein which shall not unduly prefer or prejudice any participating carrier.
(b) No common carrier by aircraft shall make any or consider any undue or unreasonable preference or advantage to any particular person, port, locality or description of traffic in any respect whatsoever or subject any person, port, locality or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
(c) Nothing in this chapter shall prohibit a common carrier by aircraft from extending credit, for such reasonable periods and subject to reasonable terms and conditions as the commission may by reasonable regulations prescribe, to such persons as, in the judgment of such carrier, may appear to be proper credit risks.
(d) It shall be the duty of every contract carrier by aircraft to establish, observe and enforce reasonable minimum rates, fares and charges for any service in intrastate commerce rendered by it as a contract carrier and not so low as to be incompatible with the public interest, and to establish, observe and enforce reasonable classifications, rules, regulations and practices related to such commerce. A contract carrier by aircraft may transport property in intrastate commerce only under individual written contracts or agreements.
(e)(1) Whenever, after notice and opportunity for hearing, upon complaint or upon its own initiative, the commission shall be of the opinion that any individual or a joint rate, fare or charge demanded, charged, collected or received by any common carrier by aircraft for intrastate transportation or any classification, rule, regulation or practice affecting such rate, fare or charge, or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial, the commission shall determine and prescribe the lawful rate, fare or charge (or the maximum or minimum or the maximum and the minimum thereof) thereafter to be demanded, charged, collected or received or the lawful classification, rule, regulation or practice thereafter to be made effective.
(2) Whenever, after notice and opportunity for hearing, upon complaint or upon its own initiative, the commission shall be of the opinion that any minimum rate, fare or charge of any contract carrier by aircraft for intrastate transportation or any classification, rule, regulation or practice affecting such rate, fare or charge, or the value of the service thereunder, is or will be in violation of this chapter, the commission shall determine and prescribe the lawful minimum rate, fare or charge thereafter to be demanded, charged, collected or received or the lawful classification, rule, regulation or practice thereafter to be made effective by such contract carrier.
(f) In any proceeding to determine the justness or reasonableness of any rate, fare or charge of any air carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of such carrier, either good will, earning power or the certificate under which such carrier is operating; and, in applying for and receiving a certificate under this chapter, any such carrier shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees and lessees of such certificate.
(g) (1) Whenever any air carrier shall file with the commission a tariff stating a new individual or joint rate, fare or charge for intrastate transportation, or any classification, rule, regulation or practice affecting such rate, fare or charge, or the value of the service thereunder, the commission is empowered, upon complaint or upon its own initiative, at once, and, if it so orders, without answer or other formal pleading by the air carrier, but only upon reasonable notice, to enter upon investigation concerning the lawfulness of such rate, fare or charge of such classification, rule, regulation or practice; and pending such investigation and the decision thereon, the commission, by filing with such tariff and delivering to the air carrier affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such tariff and defer the use of such rate, fare or charge or such classification, rule, regulation or practice for a period of not more than 90 days, and, if the proceeding has not been concluded and a final order made within such period, the commission may, from time to time, extend the period of suspension, but not for a longer period in the aggregate than 180 days beyond the time when such tariff would otherwise go into effect; and, before or after the rate, fare, charge, classification, rule, regulation or practice goes into effect, the commission, after reasonable opportunity for hearing, may make such order with reference thereto as would be proper in a proceeding instituted if such rate, fare, charge, classification, rule, regulation or practice had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed rate, fare, charge, classification, rule, regulation or practice shall go into effect at the end of such period; provided, that this subsection shall not apply to any initial tariff filed by any air carrier.
(2) At any hearing involving any change in any tariff, classification, rule, regulation or practice of a common carrier by aircraft, the effect of which is to increase any rate, fare or charge thereof charged, or to decrease the value of the service thereunder, the burden of proof to show that the changed tariff, classification, rule, regulation or practice is a just and reasonable charge is upon such common carrier.
(h) Whenever, after notice and reasonable opportunity for hearing, upon complaint or upon its own initiative, the commission is of the opinion that the divisions of joint rates, fares or charges for intrastate transportation are, or will be, unjust, unreasonable, inequitable or unduly preferential or prejudicial as between the common carriers by aircraft thereto, the commission shall prescribe the just, reasonable and equitable divisions thereof to be received by such common carriers. The commission may require the adjustment of divisions between such common carriers from the date of filing the complaint or entry of order of investigation or such other date subsequent thereto as the commission finds to be just, reasonable and equitable.
(i) The commission shall, whenever required by the public convenience and necessity, after notice and hearing, upon complaint or upon its own initiative, establish through service and joint rates, fares or charges (or the maximum or minimum or the maximum and minimum thereof) for intrastate air transportation by common carriers by aircraft, or the classifications, rules, regulations or practices affecting such rates, fares or charges, or the value of the service thereunder, and the terms and conditions under which such through service shall be operated.
(j) No common carrier by aircraft shall charge or receive any greater compensation in the aggregate for the carriage of persons or of a like kind of property for a shorter distance than for a longer distance over the same route and in the same direction within this state, the shorter being included within the longer distance, or shall charge any greater compensation as a through fare or rate than the aggregate of the intermediate fares or rates; but this shall not be construed as authorizing any such carrier to charge or receive as great a compensation for a shorter as for a longer distance. Upon application to the commission, such carrier may, in special cases after investigation, be authorized by the commission to charge less for a longer than for a shorter distance for the carriage of persons or property, and the commission may, from time to time, prescribe the extent to which such carrier may be relieved from the operation and requirements of this section.
(k) Common carriers by aircraft shall publish, post and file with the commission, in accordance with general or special regulations prescribed by the commission, time tables showing the time of arrival and departure of regularly scheduled aircraft engaged in intrastate commerce.
(l) Whenever the commission, upon its own motion or upon complaint, after reasonable opportunity for hearing, shall find that any common carrier by aircraft does not operate a sufficient number of aircraft to reasonably accommodate the traffic passengers or freight transported by or offered for transportation to it, does not operate its aircraft with sufficient frequency or at reasonable or proper time, does not stop the same at proper places, does not operate its aircraft upon a reasonable time schedule for the run or does not maintain its time schedule with reasonable regularity, the commission shall have power to make any order or orders that the commission may determine to be reasonably necessary to correct such deficiency or inadequacy; provided, that no such order shall require such carrier to violate any provision of the Act of Congress entitled “The Civil Aeronautics Act of 1938,” approved June 23, 1938, and the acts amendatory thereof and supplementary thereto, or the lawful rules, regulations and orders of the Civil Aeronautics Board or other administrative agency of the federal government charged with the duty of administering said act; and further provided, that no order or orders of the commission shall deprive any carrier by aircraft of anything of value without first having given such carrier by aircraft an adequate and reasonable opportunity to be heard.
","history":"(Acts 1945, No. 269, p. 414, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36655,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35614,"codeId":2959,"versionId":2319,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-29","shortTitle":"Section 37-9-29","catchLine":"Reports from Air Carriers; Form of Accounts, Records, Etc., Maintained by Carriers; Right of Access to Lands, Buildings, Accounts, Etc., of Carriers; Appointment of Special Agents or Auditors to Inspect Same.","title":"Section 37-9-29 Reports from Air Carriers; Form of Accounts, Records, Etc., Maintained by Carriers; Right of Access to Lands, Buildings, Accounts, Etc., of Carriers; Appointment of Special Agents or Auditors to Inspect Same.","sectionRange":null,"content":"(a) The commission is empowered to require annual reports from any air carrier covering any or all operations of business. The contents of such report, and the form thereof, shall conform as nearly as may be to that required of air carriers and air contractors by the Civil Aeronautics Board or other administrative agency of the federal government under the Act of Congress entitled “The Civil Aeronautics Act of 1938,” approved June 23, 1938, and the acts amendatory thereof and supplementary thereto. The commission may also require monthly, periodical and special reports from any air carrier, may prescribe the manner and form in which such reports shall be made and require from any such carrier specific answers to any reasonable questions pertaining to intrastate transportation by aircraft within this state and the books, records, properties or operations in connection therewith upon which the commission may reasonably deem information to be necessary. Such annual, monthly, periodical and special reports and answers to questions shall be under oath whenever the commission so requires. The commission may also require any common or contract carrier to file with it a true copy of each or any contract, agreement, understanding or arrangement between such carrier and any other carrier or person in relation to any traffic affected by the provisions of this chapter.
(b) The commission shall prescribe the forms of any and all accounts, records and memoranda to be kept by common carriers by aircraft, including the accounts, records and memoranda of the movement of traffic, as well as of the receipts and expenditures of money and the length of time that such accounts, records and memoranda shall be preserved. The forms of accounts, records and memoranda prescribed by the commission, as provided above, shall conform, as nearly as may be, to those from time to time prescribed by the Civil Aeronautics Board or other administrative agency of the federal government under the Act of Congress entitled “The Civil Aeronautics Act of 1938,” approved June 23, 1938, and the acts amendatory thereof and supplementary thereto.
(c) The commission shall at all reasonable times have access to all lands, buildings and equipment of any air carrier and to all accounts, records and memoranda, including all documents, papers and correspondence now or hereafter existing and kept or required to be kept by air carriers, and it may employ special agents or auditors who shall have authority under the orders of the commission to inspect and examine any and all such lands, buildings, equipment, accounts, records and memoranda.
","history":"(Acts 1945, No. 269, p. 414, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36656,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35615,"codeId":2963,"versionId":2323,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-30","shortTitle":"Section 37-9-30","catchLine":"Reparation for Excessive Charges.","title":"Section 37-9-30 Reparation for Excessive Charges.","sectionRange":null,"content":"When complaint has been made to the commission concerning any rate, fare or charge for any service performed by any air carrier, and the commission has found, after investigation, that the air carrier has charged an unreasonable, excessive or discriminatory amount for such service, in violation of any of the provisions of this chapter, the commission may order that the air carrier make due reparation to the complainer therefor, with reasonable interest from the date of collection, provided no discrimination will result for such reparation. Such complaint shall be filed with the commission within two years from the time the cause of action accrues and not after; provided, that if a claim based on an overcharge has been presented to the air carrier within the two-year period of limitation, said period shall be extended to include six months from the time notice in writing is given by the air carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice. If an air carrier does not comply with an order for the payment of money within the time limit in such order, the complainant or any person for whose benefit such order was made, suit may be instituted in any court of competent jurisdiction to recover the same within one year from the date of the order and not after.
","history":"(Acts 1945, No. 269, p. 414, §29.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36657,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35616,"codeId":2966,"versionId":2326,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-31","shortTitle":"Section 37-9-31","catchLine":"Penalties.","title":"Section 37-9-31 Penalties.","sectionRange":null,"content":"Every person, including any officer, agent or employee of a corporation, who violates, procures, aids or abets in the violation of any provision of this chapter or fails to comply with any order, decision or regulation issued by the commission shall be guilty of a misdemeanor, and, upon conviction, shall be punishable by a fine of not to exceed $1,000.00 or by imprisonment in the county jail for a term not to exceed one year, or both, in the discretion of the judge trying said case. Each day’s violation of this chapter or any of the terms or conditions of any such order, decision or regulation shall constitute a separate offense, each punishable as aforesaid.
","history":"(Acts 1945, No. 269, p. 414, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36658,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35617,"codeId":2968,"versionId":2328,"parentId":2887,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-9-32","shortTitle":"Section 37-9-32","catchLine":"Additional Compensation of Members of Commission.","title":"Section 37-9-32 Additional Compensation of Members of Commission.","sectionRange":null,"content":"For the extra, new and additional duties imposed upon the commission and the members thereof by this chapter and for the performance of duties which are and will be hereafter required of said commission and the members thereof hereunder, each member of the commission, in addition to the compensation otherwise provided by law to be paid to him for his service as a member of the commission, shall receive $600.00 annually, to be paid monthly as the salaries of other officers are paid, out of the moneys of the State Treasury provided by law for payment of salaries and other expenses of the commission.
","history":"(Acts 1945, No. 269, p. 414, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36659,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35618,"codeId":2983,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"10","shortTitle":"Chapter 10","catchLine":"Railroad Preservation.","title":"Chapter 10 Railroad Preservation.","sectionRange":"§37-10-1 to §37-10-7","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36660,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35619,"codeId":2984,"versionId":2342,"parentId":2983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10-1","shortTitle":"Section 37-10-1","catchLine":"Short Title.","title":"Section 37-10-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as the “State Rail Preservation Act”.
","history":"(Acts 1976, No. 307, p. 340, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36661,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35620,"codeId":2987,"versionId":2345,"parentId":2983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10-2","shortTitle":"Section 37-10-2","catchLine":"Definitions.","title":"Section 37-10-2 Definitions.","sectionRange":null,"content":"When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) DEPARTMENT. The Department of Transportation of the State of Alabama.
(2) PERSON. An individual, corporation, partnership or foreign or domestic association.
(3) RAIL PROPERTIES. Assets or rights, both real and personal, owned, leased or otherwise controlled by a railroad which are used or useful in providing rail transportation service.
(4) RAIL SERVICE. Both freight and passenger service.
","history":"(Acts 1976, No. 307, p. 340, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36662,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35621,"codeId":2992,"versionId":2349,"parentId":2983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10-3","shortTitle":"Section 37-10-3","catchLine":"Powers of State Department of Transportation Generally.","title":"Section 37-10-3 Powers of State Department of Transportation Generally.","sectionRange":null,"content":"The department is hereby authorized to exercise those powers necessary for the state to qualify for rail service continuation subsidies and for rail safety subsidies which are or may become available pursuant to the provisions and regulations of the Federal Railroad Revitalization and Regulatory Reform Act of 1976 and any subsequent federal legislation, rules or regulations, including, but not limited to, the authority:
(1) To establish a state plan for rail transportation services as part of an overall plan for all transportation services in the state;
(2) To administer and coordinate the state plan;
(3) To provide in the plan for the equitable distribution of federal rail service continuation subsidies;
(4) To promote, supervise and support safe, adequate and efficient rail service;
(5) To employ sufficient trained and qualified personnel for these purposes;
(6) To maintain adequate programs of investigation, research, promotion and development in connection with such purposes and to provide for public participation therein;
(7) To reduce transportation related energy utilization and pollution in compliance with state and federal regulations;
(8) To provide satisfactory assurances on behalf of the state that such financial control and fund accounting procedures will be adopted by the state as may be necessary to assure proper use of federal funds paid to the state as rail service continuation subsidies;
(9) To comply with the regulations of the Federal Department of Transportation affecting federal rail service continuation programs; and
(10) To do all things necessary to maximize federal assistance to the state upon the provisions of Section 5 of the Federal Department of Transportation Act.
","history":"(Acts 1976, No. 307, p. 340, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36663,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35622,"codeId":2996,"versionId":2353,"parentId":2983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10-4","shortTitle":"Section 37-10-4","catchLine":"Expenditure of Federal Funds, Etc., by Department; Cooperation with Local or Regional Transportation Authorities, Governmental Units, Etc.","title":"Section 37-10-4 Expenditure of Federal Funds, Etc., by Department; Cooperation with Local or Regional Transportation Authorities, Governmental Units, Etc.","sectionRange":null,"content":"(a) The department is hereby authorized to expend federal funds now available under the provisions of the Federal Railroad Revitalization and Regulatory Reform Act of 1976, any other funds that may become available pursuant to subsequent legislation or any funds appropriated by the legislature for the purposes outlined in Section 37-10-3.
(b) The department may also act as the agent of the state in cooperation with any local or regional transportation authority, local governmental units, any group of rail users or any persons and the federal government in any rail service continuation program.
","history":"(Acts 1976, No. 307, p. 340, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36664,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35623,"codeId":3000,"versionId":2357,"parentId":2983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10-5","shortTitle":"Section 37-10-5","catchLine":"Requests for by Department and Provision by Railroads of Data and Information; Reimbursement of Railroads for Expenses Incurred in Gathering and Compiling Data; Department to Avoid Disclosure of Confidential Information.","title":"Section 37-10-5 Requests for by Department and Provision by Railroads of Data and Information; Reimbursement of Railroads for Expenses Incurred in Gathering and Compiling Data; Department to Avoid Disclosure of Confidential Information.","sectionRange":null,"content":"(a) The department in performing its planning function is authorized to request any railroad to provide such data and information as are necessary for the planning process. The department shall make every effort to ensure that such requests are compatible with the information requested by similar agencies in other states and by the Federal Department of Transportation. Railroads operating within the state shall provide such information within 60 days of the date of the request.
(b) The department is hereby authorized to reimburse the railroads for all reasonable and necessary expenses incurred in gathering and compiling the data provided that it is determined by the department such funds are available and the costs are substantiated by the railroads.
(c) The department shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.
","history":"(Acts 1976, No. 307, p. 340, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36665,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35624,"codeId":3004,"versionId":2360,"parentId":2983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10-6","shortTitle":"Section 37-10-6","catchLine":"Promulgation of Rules and Regulations.","title":"Section 37-10-6 Promulgation of Rules and Regulations.","sectionRange":null,"content":"The department shall promulgate rules and regulations consistent with and for the purpose of adequately implementing the provisions of this chapter.
","history":"(Acts 1976, No. 307, p. 340, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36666,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35625,"codeId":3007,"versionId":2364,"parentId":2983,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10-7","shortTitle":"Section 37-10-7","catchLine":"Appropriation.","title":"Section 37-10-7 Appropriation.","sectionRange":null,"content":"Any sums of money necessary to supplement available federal funds to provide for those activities enumerated under Section 37-10-3 are hereby appropriated. The appropriation is nonlapsing and shall be expended by the department for only those purposes included in this chapter.
","history":"(Acts 1976, No. 307, p. 340, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36667,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35626,"codeId":37653,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"10A","shortTitle":"Chapter 10A","catchLine":"Alabama Shortline Railroad Infrastructure Rehabilitation Act.","title":"Chapter 10A Alabama Shortline Railroad Infrastructure Rehabilitation Act.","sectionRange":"§37-10A-1 to §37-10A-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36668,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35627,"codeId":37654,"versionId":30177,"parentId":37653,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10A-1","shortTitle":"Section 37-10A-1","catchLine":"Legislative Findings.","title":"Section 37-10A-1 Legislative Findings.","sectionRange":null,"content":"The Legislature makes the following findings and statements regarding the need for shortline railroad rehabilitation in Alabama:
(1) Shortline railroads are an integral part of Alabama’s total transportation network; however, lack of funding for railroads places Alabama in a less competitive position with the shortline railroads of other states and regions for potential industrial development projects.
(2) The opportunities for economic development and growth would be greatly enhanced by the proper rehabilitation and upgrading of shortline railroads.
(3) The proper maintenance and improvement of the shortline railroad routes would help preserve critical growth corridors for future needs of transportation and other possible uses such as communication, commerce, public transit, or highways.
","history":"(Act 2008-382, p. 711, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36669,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35628,"codeId":37655,"versionId":30178,"parentId":37653,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10A-2","shortTitle":"Section 37-10A-2","catchLine":"Short Title.","title":"Section 37-10A-2 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Alabama Shortline Railroad Infrastructure Rehabilitation Act.
","history":"(Act 2008-382, p. 711, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36670,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35629,"codeId":37656,"versionId":30179,"parentId":37653,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10A-3","shortTitle":"Section 37-10A-3","catchLine":"Definitions.","title":"Section 37-10A-3 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following terms shall have the following meanings:
(1) DEPARTMENT. The Alabama Department of Transportation or any successor agency of the department.
(2) FUND. The Alabama Shortline Railroad Infrastructure Rehabilitation Fund created by this chapter.
(3) GRANTEE. A local public railroad authority created pursuant to Chapter 13 of this title, Sections 37-13-1 to 37-13-21, inclusive, or other entity that may become eligible for financial assistance pursuant to federal or state law.
(4) PROGRAM. The Alabama Shortline Railroad Infrastructure Rehabilitation Program providing grants, loans, or other financial assistance for the rehabilitation of shortline railroads operating in Alabama.
(5) SHORTLINE RAILROAD. A Class III shortline railroad operating in Alabama.
","history":"(Act 2008-382, p. 711, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36671,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35630,"codeId":37657,"versionId":30180,"parentId":37653,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10A-4","shortTitle":"Section 37-10A-4","catchLine":"Shortline Railroad Infrastructure Rehabilitation Program and Fund.","title":"Section 37-10A-4 Shortline Railroad Infrastructure Rehabilitation Program and Fund.","sectionRange":null,"content":"(a) There is created the Alabama Shortline Railroad Infrastructure Rehabilitation Program within the Alabama Department of Transportation. The program is established to promote and develop safe and efficient rail transportation service for the State of Alabama by providing grants and or no-cost loans to local public rail authorities on a fair and equitable basis for the rehabilitation and improvement of shortline railroads within the jurisdiction of the qualified grantees.
(b) There is created the Alabama Shortline Railroad Infrastructure Rehabilitation Fund for the use of the department in implementing and administering the requirements of this chapter. The fund shall receive federal and state appropriations, grants, and other public and private sources of funds made available for shortline railroad infrastructure rehabilitation and improvement projects throughout the state.
","history":"(Act 2008-382, p. 711, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36672,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35631,"codeId":37658,"versionId":30181,"parentId":37653,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-10A-5","shortTitle":"Section 37-10A-5","catchLine":"Determination of Needs; Financial Assistance.","title":"Section 37-10A-5 Determination of Needs; Financial Assistance.","sectionRange":null,"content":"The department shall establish a program under this chapter whereby the department will determine if a shortline railroad has a need for the rehabilitation of any railroad bed, bridge, track, building, other railroad facility, or other infrastructure improvement of any description on any shortline railroad in Alabama. The department will determine which shortline railroads have needs, the amount of the needs, and the priority of the needs when compared to the needs of other shortline railroads in the state. Upon determination by the department of a need as provided herein, the department is authorized to provide financial assistance to the grantee in the form of grants and or no-cost loans. The department may contract with the grantee, any local government for the grantee, or shortline railroad to participate in the grant as may be appropriate under the circumstances, based upon the need and the ability of the grantee, the shortline railroad, or the local government to participate. Local participation may be in the form of in-kind work within the scope of the program. Any loan provided herein will be at no interest if repaid as provided by the agreement when the loan is made. If the loan or any part thereof is in default, then the agreement may provide for the payment of interest on any amounts in default. Any repayment of loans made hereunder shall go back into the fund provided for herein for future financial assistance to shortline railroads. Any loans or grants made hereunder shall be made only to a qualified grantee as provided herein.
","history":"(Act 2008-382, p. 711, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36673,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35632,"codeId":3013,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"11","shortTitle":"Chapter 11","catchLine":"Rapid Rail Transit Compact.","title":"Chapter 11 Rapid Rail Transit Compact.","sectionRange":"§37-11-1","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36674,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35633,"codeId":3014,"versionId":32991,"parentId":3013,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11-1","shortTitle":"Section 37-11-1","catchLine":"Execution and Text of Compact.","title":"Section 37-11-1 Execution and Text of Compact.","sectionRange":null,"content":"The Governor, on behalf of this state, is hereby authorized to execute a compact in substantially the following form with the states of Louisiana and Mississippi, and the legislature hereby signifies in advance its approval and ratification of such compact, which compact is as follows:
Southern High-Speed Rail Commission.
Article I.
The purpose of this compact is to study the feasibility of rapid rail transit service between the states of Mississippi, Louisiana and Alabama and to establish a joint interstate commission to assist in this effort.
Article II.
This compact shall become effective immediately as to the states ratifying it whenever the states of Mississippi, Louisiana and Alabama have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.
Article III.
The states which are parties to this compact (hereinafter referred to as “party states”) do hereby establish and create a joint agency which shall be known as the Southern High-Speed Rail Commission (hereinafter referred to as the “commission”), or any successor name adopted by all members of the commission. The membership of such commission shall consist of the governor of each party state, one representative each from the Mississippi Energy and Transportation Board, or its successor, the Office of Aviation and Public Transportation of the Louisiana Department of Transportation and Development, or its successor, and the Alabama Department of Energy, or its successor, five other citizens of each party state, to be appointed by the Governor thereof. The appointive members of the commission shall serve for terms of four years each. Vacancies on the commission shall be filled by appointment by the Governor for the unexpired portion of the term. The members of the commission shall not be compensated for service on the commission, but each of the appointed members shall be entitled to actual and reasonable expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the commission. The members of the commission shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The commission shall adopt rules and regulations for the transaction of its business and a record shall be kept of all its business. It shall be the duty of the commission to study the feasibility of providing interstate rapid rail transit service between the party states. Toward this end, the commission shall have power to hold hearings; to conduct studies and surveys of all problems, benefits and other matters associated with such service, and to make reports thereon; to acquire, by gift, grant or otherwise, from local, state, federal or private sources such money or property as may be provided for the proper performance of their function, and to hold and dispose of same; to cooperate with other public or private groups, whether local, state, regional or national, having an interest in such service; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties and to carry out the purposes of this compact.
Article IV.
Each party state agrees that its legislature may, in its discretion, from time to time make available and pay over to the commission funds for the establishment and operation of the commission. The contribution of each party state shall be in equal amounts, if possible, but nothing in this article shall be construed as binding the legislature of either state to make an appropriation of a set amount of funds at any particular time.
Article V.
Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.
Article VI.
(1) This compact shall continue in force and remain binding upon each party state until the legislature or Governor of each or any state takes action to withdraw therefrom. However, any such withdrawal shall not become effective until six months after the date of the action taken by the legislature or Governor. Notice of such action shall be given to the other party state or states by the Secretary of State of the party state which takes such action.
(2) There is hereby granted to the Governor, to the members of the commission for Mississippi, Louisiana, and Alabama, and to the compact administrator all the powers provided for in the compact and in this section. All officers of the State of Alabama are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purpose of the compact.
","history":"(Acts 1982, No. 82-464, p. 755; Act 2010-700, p. 1697, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36675,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35634,"codeId":3018,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"11A","shortTitle":"Chapter 11A","catchLine":"Northeast Mississippi - Northwest Alabama Railroad Authority Compact.","title":"Chapter 11A Northeast Mississippi - Northwest Alabama Railroad Authority Compact.","sectionRange":"§37-11A-1","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36676,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35635,"codeId":3020,"versionId":2373,"parentId":3018,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11A-1","shortTitle":"Section 37-11A-1","catchLine":"Execution and Text of Compact.","title":"Section 37-11A-1 Execution and Text of Compact.","sectionRange":null,"content":"The Governor, on behalf of this state, shall execute a compact, in substantially the following form, with the State of Mississippi, and the Legislature approves and ratifies the compact in the form substantially as follows:
Northeast Mississippi - Northwest Alabama Railroad Authority Compact.
The contracting states solemnly agree:
Article I.
The purpose of this compact is to promote and develop trade, commerce, industry, and employment opportunities for the public good and welfare in northeast Mississippi and northwest Alabama through the establishment of a joint interstate authority to acquire certain railroad properties and facilities which the operator thereof has notified the Interstate Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion, or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi.
Article II.
This compact shall become effective immediately as to the State of Alabama upon its passage and approval by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies the compact.
Article III.
For purposes of this compact, the following terms shall have the following meanings:
(1) Person means an individual, a corporation, a partnership, or any other entity.
(2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)].
(3) Railroad properties and facilities mean any real or personal property or interest in property which is owned, leased, or otherwise controlled by a railroad or other person, including, without limitation, the authority, and which are used or are useful in rail transportation service, including, without limiting the generality of the foregoing:
a. Track, roadbed, and related structures, including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles, culverts, elevated structures, stations, office buildings used for operating purposes only, repair shops, engine houses, and public improvements used or useful in providing rail transportation service.
b. Communication and power transmission systems for use by railroads.
c. Signals and interlockers.
d. Terminal or yard facilities and services to express companies, railroads, and their shippers, including ferries, tugs, car floats, and related shoreside facilities designed for the transportation of equipment by water.
e. Shop or repair facilities or any other property used or capable of being used in providing rail transportation service or in connection with such service or for originating, terminating, improving, and expediting the movement of equipment or goods.
(4) Rail Transportation Service means freight or passenger rail service, or both.
Article IV.
The states that are parties to this compact, hereinafter referred to as the “party states,” do hereby establish and create a joint interstate authority that shall be known as “The Northeast Mississippi - Northwest Alabama Railroad Authority,” hereinafter referred to as the “authority.” The authority shall be governed and all powers thereof exercised by a board of directors, hereinafter referred to as the “board.” The membership of the board shall consist of the Mayor of the Town of Belmont, Mississippi, and two other citizens of the State of Mississippi, to be appointed by the governing body of the Town of Belmont, Mississippi; the Mayor of the City of Red Bay, Alabama, and two other citizens of the State of Alabama to be appointed by the governing body of the City of Red Bay, Alabama. If at the time of the election of any directors there shall be in existence in a party state any person, firm, or entity that makes use of the railroad properties and facilities owned or to be acquired by the authority, the governing body located in the party state shall elect as such directors the representative or representatives of the person, firm, or entity as designated thereby. Each of the appointive members of the board shall be a qualified elector in a county named in Article I and shall serve for a term of four years. Directors shall be eligible for reappointment. If any director dies, resigns, or becomes incapable or ineligible to act as a director, a successor shall be appointed by the governing body which appointed the director whose unexpired term is to be filled for the remaining portion of the unexpired term. The board shall hold regular and special meetings as its business may require and as the board may determine. Any meeting of the board may be adjourned from time to time by a majority of the members present. A majority of the members of the board shall constitute a quorum for the transaction of any business. No vacancy in the membership of the board shall impair the right of a quorum to exercise all powers and duties of the authority. Members of the board shall receive no compensation for their services as directors; however, each member may be reimbursed for expenses actually incurred thereby in and about the performance of duties. The authority shall adopt rules and regulations for the transaction of its business and the secretary shall keep a record of all its business and furnish copies thereof to each member of the board. The meetings and records of the board and of the authority shall be open to the public. The board shall establish the location of the principal office of the authority, which shall be in one of the counties named in Article I. The officers of the authority shall consist of a chair, a vice-chair, a secretary, a treasurer, and such other officers as the board shall deem necessary. The chair and vice-chair shall be elected by the board from its membership and the chairship shall rotate each year among the party states in order of their acceptance of this compact. Neither the secretary nor the treasurer nor any other officer of the authority need be a member of the board. Each officer shall be elected by the board for a term of one year. Officers shall be eligible for re-election. The duties of the officers of the authority shall be such as are customarily performed by such officers and as may be prescribed by the board.
Article V.
Subject to this compact, the authority may exercise all powers as may be necessary or appropriate to enable it to carry out the purposes of this compact, including without limitation, the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name.
(2) To sue and be sued in its own name in civil suit and actions.
(3) To adopt and make use of a corporate seal and to alter the seal at pleasure.
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.
(5) To acquire, receive, take, and hold, whether by purchase, gift, lease, devise, or otherwise, property of every description, whether real, personal, or mixed, wherever located in any party state, and to manage the property, and to develop any undeveloped property owned, leased, or controlled by it in a manner necessary or convenient to carry out the purposes of this compact.
(6) To make, enter into, execute, and deliver such contracts, agreements, leases, applications, permits, notifications, security documents, and other instruments and documents as may be necessary, proper, convenient, or incidental to accomplish any purpose for which the authority was created or to carry out the purposes of this compact or to exercise any power granted hereunder, including without limitation, contracts, agreements, and other documents and instruments containing such covenants, terms, and conditions as in the judgment of the board may be necessary, proper or advisable for the purpose of obtaining grants, loans, or other financial assistance from any federal or state government or any department, branch, or agency thereof for or in the aid of the acquisition or improvement of railroad properties and facilities and any and all licenses, leases, mortgages, and deeds of trust and other agreements relating to the railroad properties and facilities and the construction, operation, maintenance, repair, and improvement thereof, and to carry out and perform the covenants, terms, and conditions of all such contracts, agreements, and other documents or instruments.
(7) To plan, establish, acquire by purchase, gift, lease, or devise, construct, enlarge, reconstruct, improve, operate, maintain, replace, repair, extend, improve, regulate, and protect railroad properties and facilities, whether or not then existing, wherever located or to be located within the boundaries of either or both of the party states.
(8) To make the use and services of its railroad properties and facilities available to others in furtherance of the purposes of this compact and upon such terms and conditions as the board shall deem proper, and to lease the railroad properties and facilities to others upon such terms and conditions as the board may determine.
(9) To establish schedules of tolls, fees, rates, charges, and rentals for the use of its railroad properties and facilities and to charge, alter, and collect such tolls, fees, rates, charges, and rentals in carrying out the provisions of this compact.
(10) To issue revenue bonds and notes at any time and from time to time, for any corporate purpose of purposes, or in aid of any power under this compact, payable from the limited sources hereinafter referenced and to pledge for payment of such bonds and notes any revenues and funds from which such bonds and notes are made payable.
(11) To exercise, with respect to property located in Alabama in the manner provided by the laws of Alabama and with respect to property located in Mississippi in the manner provided by the laws of Mississippi, the power of eminent domain with respect to any property, real, personal, or mixed. The authority shall not acquire by eminent domain any real property or rights owned or held by railroads, transportation companies, or utilities, either public or private.
(12) To appoint, employ, contract with, and provide for compensation of officers, employees, and agents, including engineers, attorneys, consultants, fiscal advisers, and such other employees as the business of the authority may require, including the power to fix working conditions by general rule and other conditions of employment; and at its option to provide a system of disability pay, retirement compensation, and pensions, or any of them; and to hire and fire servants, agents, employees, and officers at will.
(13) To provide for insurance, including use and occupancy insurance, as the authority may deem advisable.
(14) To invest any funds of the authority that the board may determine are not presently needed for its corporate purposes in any obligations which are direct general obligations of the United States of America, or which are unconditionally guaranteed as to both principal and interest by the United States of America, or in interest-bearing time deposits of any bank or savings and loan association organized under the laws of any party state or of the United States of America.
(15) To cooperate with any party state and any county, city, town, public corporation, agency, department, or political subdivision of any party state and to make such contracts with them or any of them as the board may deem advisable to accomplish the purposes for which the authority was established.
(16) To sell and convey any of its properties that may have become obsolete or worn out, or that may no longer be needed or useful.
(17) To accept, receive, receipt for, disburse, and expend moneys or other financial assistance from the United States of America, or any department or agency thereof, and from any party state or any department, agency, or political subdivision thereof, and to receive and accept money, property, labor, or other thing of value, from any source whatever, public or private, to be used for or in aid of the acquisition, construction, extension, improvement, maintenance, and operation of railroad properties and facilities or to be used in furtherance or to accomplish, in whole or in part, any of the purposes of this compact. All federal moneys shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the United States of America and as are not inconsistent with the laws of any party state, and all state moneys shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the laws of the state making the funds available.
(18) To purchase equipment and supplies necessary or convenient for the exercise of any power of the authority.
(19) To take such action and do all things as may be necessary or convenient to carry out the purposes of this compact or the exercise of any power under this compact.
Nothing contained in this compact shall operate or be construed to (1) permit or require any person to avoid or refuse compliance with any law, rule, regulation, order, or other controlling directive or administrative guidance, now or hereafter existing, or in force, of any federal or state government, department, branch, agency, or other instrumentality, (2) impair, limit, diminish, or otherwise affect any right, power, or jurisdiction of the United States of America or any department, branch, agency, court, bureau, or other instrumentality thereof with respect to any matter including without limitation commerce between the states, or (3) grant or confer any right or power to the authority or any officer, member of the board, or other representative thereof to regulate commerce between the states. The authority shall be subject to and shall comply with all applicable laws, regulations, rules, rulings, orders, decrees, judgments, decisions or other guidelines of the United States of America or any branch, agency, department, court, or other instrumentality having jurisdiction over the authority or any of its activities or properties or of any person acting for the authority and all rights and powers provided by this compact may be exercised only to the extent the exercise thereof does not violate any of the foregoing. This compact is subject to all provisions of federal law and other controlling federal directives applicable to the premises and is limited to the extent necessary to comply therewith.
Article VI.
For the purpose of aiding and cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, or operation of railroad properties and facilities, any county, city, town, or other political subdivision, public corporation, agency, or instrumentality of a party state may, upon such terms and with or without consideration, as it may determine:
(1) Lend or donate money to the authority.
(2) Cause water, sewer, or drainage facilities, or any other facilities that it is empowered to provide, to be furnished adjacent to or in connection with the railroad properties and facilities.
(3) Donate, sell, convey, transfer, or lease to the authority any land, property, franchise, grant, easement, license, or lease, which it may own.
(4) Donate, transfer, assign, sell, or convey to the authority any right, title, or interest which it may have in any lease, contract, agreement, license, or property.
(5) Furnish, dedicate, close, pave, repair, install, grade, regrade, plan, or replan streets, roads, roadways, and walks from established streets or roads to railroad properties and facilities of the authority.
(6) Do any and all things whether or not specifically authorized in this compact, and not otherwise prohibited by law in the applicable party state, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, reconstruction, acquisition, or operation of railroad properties and facilities.
Article VII.
No action or suit shall be brought or maintained against any administrator, executive, manager, officer, or member of the board or the authority for or on account of the negligence of the authority or of any such person or its or his or her agents, servants or employees, in or about the construction, maintenance, operation, superintendence, or management of any railroad properties and facilities or other property owned or controlled by the authority.
Article VIII.
All bonds issued by the authority shall be payable solely from, and may be secured by a pledge of, the revenues derived by the authority from the operation, leasing, or sale of any or all of its railroad properties and facilities and other property, or from any other funds made available or to be made available to the authority if permitted by the terms under which the funds are made available to the authority. No bonds or notes issued or contracts entered into by the authority shall ever constitute or create an obligation or debt of any party state, or of any county, city, or town within any party state, or a charge against the credit or taxing powers of any party state, or of any county, city, or town within any party state.
Bonds of the authority may be issued at any time and from time to time; may be in such form, either in bearer form with appurtenant coupons, and subject to registration as to principal or interest, or both, all as the board may determine, or in fully registered form without coupons, and in such denominations, may be of such tenor, may be payable in such installments and at such time or times, not exceeding 40 years from their date; may be payable at such place or places whether within or without any party state; may bear interest at such rate or rates, which may be fixed or which may float or vary based on some index or other standard deemed appropriate by the board; and shall be payable and evidenced in such manner, all as shall not be inconsistent with this compact and as may be provided in the proceedings of the board wherein the bonds are authorized to be issued. Any bond may be made subject to redemption at the option of the authority at such time or times, and at such price or prices, and upon such notice or notices, and on such terms, and in such manner as may be provided in the proceedings of the board wherein the bonds are authorized to be issued. Bonds of the authority may be sold at public or private sale in the manner and from time to time as may be determined by the board. The authority may pay all reasonable expenses, premiums, fees, and commissions that the board may deem necessary or advantageous in connection with the authorization, sale, and issuance of its bonds. All bonds shall contain a recital that they are issued pursuant to this compact, which recital shall be conclusive that they have been duly authorized pursuant to this compact. Neither a public hearing nor the consent of any agency of any party state or any political subdivision thereof shall be prerequisite to the issuance of bonds by the authority. All bonds issued under this compact are hereby made and shall be deemed negotiable instruments.
All bonds shall be signed, either manually or by facsimile, by the chair or the vice-chair and the secretary or the treasurer of the authority and the seal of the authority shall be affixed, either manually or by facsimile, thereto. Delivery of bonds so executed shall be valid notwithstanding any changes in the officers or in the seal of the authority after the signing and sealing of the bonds.
Any bonds may be issued under and secured by an indenture between the authority and a trustee. The trustee may be a private person or corporation, including but not limited to, any trust company or bank having trust powers, whether the bank or trust company is located within or without any party state. In any indenture or resolution providing for the issuance of bonds, the authority may pledge, for payment of the principal of and the interest on bonds, any of its revenues to which its right then exists or may thereafter come into existence and may assign, as security for the payment, any of its leases, franchises, permits and contracts; and in any indenture, the authority may mortgage or grant security interests in any of its properties, including any that may be thereafter acquired by it. Any pledge of revenues shall be valid and binding from the time it is made and the revenues so pledged and thereafter received by the authority shall immediately become subject to the lien of the pledge without any physical delivery thereof or further act. The lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have actual notice thereof, from the time a statement is filed for record in each county in which is located any part of the property the revenues from which are so pledged. The notice need state only the date on which the resolution authorizing the issuance of the bonds was adopted by the board, the principal amount of bonds issued, a brief description of the revenues pledged, and a brief description of any property the revenues from which are pledged.
In any indenture or resolution authorizing the issuance of bonds and pledging for the benefit thereof revenues from any of its railroad properties and facilities, the authority shall have the power to include provisions customarily contained in instruments securing evidence of indebtedness, including without limitation, provisions respecting the collection, segregation, and application of any rental or other revenue due to or to become due to the authority, the terms to be incorporated in any lease agreement respecting any property of the authority, the maintenance and insurance of any building or structure owned by the authority, the creation and maintenance of special funds from any revenue of the authority, and the rights and remedies available in the event of default to the holders of the bonds or the trustee under the indenture, all as the board shall deem advisable. If there be any default by the authority in payment of the principal of or the interest on the bonds, or in any of the agreements on the part of the authority that may properly be included in any indenture securing the bonds, any holder of bonds, or the trustee under any indenture if authorized in the indenture, may, in addition to any other remedies herein provided or otherwise available, either at law or in equity, by suit, action, mandamus, or other proceedings, enforce payment of such principal or interest and compel performance of all duties of the board and officers of the authority, and shall be entitled as a matter of right, and regardless of the sufficiency of any security, to the appointment of a receiver in equity with all the powers of the receiver for the operation and maintenance of the property of the authority covered by the indenture and the collection, segregation, and application of revenues therefrom. The indenture may also contain provisions restricting the individual rights of action of the holders of the bonds.
The proceeds derived from the sale of any bonds, other than refunding bonds, may be used only to pay the costs of acquiring, constructing, improving, enlarging, equipping, and operating the railroad properties and facilities, or other property with respect to which the bonds were issued, as may be specified in the proceedings in which the bonds are authorized to be issued. The costs shall be deemed to include the following: (1) the costs of any land or easements forming a part of the railroad properties and facilities or other property; (2) the cost of labor, material, and supplies used in any construction, improvement, or enlargement, including architects’ and engineers’ fees, and the cost of preparing contract documents and advertising for bids; (3) the purchase price of, and the cost of installing equipment for use in connection with, the railroad properties and facilities or other property; (4) the cost of constructing and installing roads, sidewalks, curbs, gutters, utilities, and parking places in connection with the railroad properties and facilities or other property; (5) the amounts of any debt service, maintenance, and capital improvement and other similar reserves deemed advisable; (6) legal, fiscal, credit enhancement or insurance, and recording fees, premiums, and expenses incurred in connection with the authorization, sale, and issuance of the bonds issued in connection with the railroad properties and facilities or other property; (7) interest on said bonds for a reasonable period prior to and during the time required for such construction, improvement, enlargement, and equipment and for not to exceed 18 months after completion thereof. If any of the proceeds derived from the sale of the bonds remains undisbursed after completion of the work and payment of all of the costs and expenses, the balance shall be used for retirement of the principal of the bonds of the same issue.
The authority may, at any time and from time to time, issue refunding bonds for the purpose of refunding the principal of and the interest on any bonds of the authority theretofore issued hereunder and then outstanding, whether or not the principal and interest has matured at the time of the refunding, and for the payment of any expenses incurred in connection with the refunding and any premium necessary to be paid in order to redeem, retire, or purchase for retirement the bonds to be refunded. The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued. Any refunding may be effected either by sale of the refunding bonds and the application of the proceeds thereof, or by exchange of the refunding bonds for the bonds to be refunded thereby. All provisions of this compact pertaining to bonds of the authority that are not inconsistent with this paragraph shall, to the extent applicable, also apply to refunding bonds issued by the authority. The authority may, at any time and from time to time, issue bonds for the purpose of refunding the principal of and the interest on any of its bonds and for any other purpose for which it is authorized to issue bonds, in which event the provisions hereof respecting refunding bonds shall apply only to that portion of the combined issue authorized for refunding purposes and the provisions hereof respecting other financing shall apply to the remaining portion of such combined issue.
The authority may, in addition to the other powers granted herein, borrow money for use for any corporate purpose described herein and, in evidence of such borrowing, issue from time to time revenue notes maturing not later than 18 months from the date of issuance and bearing such rate or rates of interest as the board may provide in the proceedings when the revenue notes are authorized to be issued. The notes may be payable from the principal proceeds from the sale of bonds or, to the extent necessary, from any revenues of the authority which may be pledged to the payment of its bonds, or both, and the notes may be secured by a pledge of so much as may be necessary therefor of such revenues. Any notes may be refunded, or renewed, or extended for additional periods of not more than 18 months each from the date of maturity of the notes being refunded, or renewed, or extended, but otherwise pursuant to the terms and conditions hereof. The notes may be sold either at public or private sale as the board may determine. All provisions of this compact pertaining to bonds of the authority that are not inconsistent with the provisions of this paragraph shall, to the extent applicable, also apply to notes issued by the authority.
The governing body of any county, city, or town within any party state may invest in bonds of the authority any money held in its treasury. Bonds issued under this compact shall be legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation, or by the document that is the source of the fiduciary’s authority. The bonds shall be legal investments for savings banks and insurance companies organized under the laws of any party state.
The directors and officers of the authority shall not be subject to any personal liability by reason of the issuance of any bonds or notes of the authority.
Article IX.
The authority and all contracts made by it shall be exempt from (a) all laws (1) relating to the advertising and award of construction contracts and purchase contracts and (2) limiting the duration of or requiring competitive bids in connection with any contract to be entered into by any municipality, county, public corporation, or other instrumentality; and (b) from all laws relating to or governing usury or prescribing or limiting interest rates. The authority and its contracts and properties shall be exempt from all jurisdiction of and all regulation and supervision by the public service commission or other successor or similar agency of any party state.
All bonds or notes issued by the authority, the transfer thereof, and the income therefrom shall be exempt from all taxation by each party state and any political subdivision of any thereof. The authority and all property and income of the authority shall be exempt from all state, county, municipal, and other local taxation, and from any assessment for public improvements. The exemption shall not be construed to exempt concessionaires, licensees, tenants, operators, or lessees of the authority from the payment of any taxes, including licenses or privilege taxes levied by any party state or any county or any municipality in any party state. All documents or instruments of whatever nature or content to which the authority is a party shall be filed for record in any county in any party state without the payment of any tax or fee other than such fee as may be authorized by law for the recording of such documents and instruments. The authority shall be exempt from all income, privilege, license, or excise taxes levied by any party state or any county, city, town, or other political subdivision thereof in respect to the income, revenue, or profits of the authority, or the privilege of engaging in any of the activities or powers in which the authority may engage or which the authority may exercise. The authority shall be exempt from all privilege, license, or excise taxes levied by any party state or any county, city, town, or other political subdivision thereof with respect to tangible personal property purchased or used by the authority.
Article X.
Nothing in this compact shall be construed to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other railroad project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.
Article XI.
This compact shall continue in full force and remain binding upon each party state. At any time when the authority does not have any bonds, notes, or other obligations outstanding, including without limitation any leases under which the authority is either lessor or lessee, the legislature of each or either party state may take action to withdraw from this compact; provided, that such withdrawal shall not become effective until six months after the date of the action taken by the legislature. Notice of such action shall be given to the other party state and the authority by the secretary of state of the party state which takes such action. Upon withdrawal of a party state from this compact becoming effective as to such party state, the authority shall cease to exist and all rights, title, and interest of the authority in property located in the State of Alabama shall be vested in the City of Red Bay, Alabama, and all rights, title, and interest of the authority in property located in the State of Mississippi shall be vested in the Town of Belmont, Mississippi.
Article XII.
The authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any person, except that in the event the board determines that sufficient provision has been made for the full payment of the expenses, bonds, notes, and other obligations of the authority, any net earnings of the authority thereafter accruing shall be equally divided between the Town of Belmont, Mississippi, and the City of Red Bay, Alabama.
Article XIII.
There is hereby granted to the Governor, to the members of the board of the authority for Alabama, and to any executives or administrators of this compact all powers provided for in the compact. All officers of the State of Alabama are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purposes of this compact.
Article XIV.
The provisions of this compact are severable. If any part of this compact is declared invalid or unconstitutional, such declaration shall not affect the remaining parts.
","history":"(Acts 1992, 2nd Ex. Sess., No. 92-707, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36677,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35636,"codeId":38386,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"11B","shortTitle":"Chapter 11B","catchLine":"Alabama Capital Assistance Stimulus for Rail Projects Act of 2009.","title":"Chapter 11B Alabama Capital Assistance Stimulus for Rail Projects Act of 2009.","sectionRange":"§37-11B-1 to §37-11B-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36678,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35637,"codeId":38387,"versionId":31010,"parentId":38386,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11B-1","shortTitle":"Section 37-11B-1","catchLine":"Short Title.","title":"Section 37-11B-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Alabama Capital Assistance Stimulus for Rail Projects Act of 2009.
","history":"(Act 2009-787, p. 2472, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36679,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35638,"codeId":38388,"versionId":31011,"parentId":38386,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11B-2","shortTitle":"Section 37-11B-2","catchLine":"Legislative Findings.","title":"Section 37-11B-2 Legislative Findings.","sectionRange":null,"content":"The Legislature finds and determines that:
(1) There exists in the State of Alabama a continuing need to construct, improve, and invest in rail and rail infrastructure within the state. A strong rail infrastructure promotes economic development and employment opportunities and promotes the public good and general welfare of the state.
(2) The public purpose of this chapter is to develop a coordinated program related to the rail infrastructure within the State of Alabama, including, but not limited to, the construction of such additional rail lines or tracks as may be necessary or advisable, the maintenance and improvement of the existing rail infrastructure, and the prudent use of state funds to take advantage of any opportunities for federal funding assistance that may be available.
","history":"(Act 2009-787, p. 2472, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36680,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35639,"codeId":38389,"versionId":31012,"parentId":38386,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11B-3","shortTitle":"Section 37-11B-3","catchLine":"Definitions.","title":"Section 37-11B-3 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following words and phrases shall have the following meanings:
(1) ADECA. The Alabama Department of Economic and Community Affairs.
(2) COMMISSION. The Mississippi-Louisiana-Alabama Rapid Rail Transit Commission created by the Mississippi-Louisiana-Alabama Rapid Rail Transit Compact, Chapter 11 of this title, or its successor.
(3) FREIGHT COMPONENT OF THE STATE RAIL PLAN. The plan developed by ADECA with the assistance of the commission, in conjunction with the railroads operating in the state and in concert with the Passenger Component of the State Rail Plan, that promotes freight rail service within the state, including, but not limited to, service to and from water ports in the state and the articulation of the ongoing comprehensive vision and objectives associated with promoting freight rail service within the state.
(4) PASSENGER COMPONENT OF THE STATE RAIL PLAN. The plan developed by ADECA with the assistance of the commission with the railroads operating in the state and in concert with the Freight Component of the State Rail Plan that promotes passenger rail travel within the state in a manner that is compatible with opportunities for the state to obtain federal funding assistance that may be available for intercity passenger rail service or high-speed rail corridor service, or both, and that contains provisions that include, but are not limited to, all of the following:
a. Articulating the ongoing comprehensive vision and objectives associated with promoting passenger rail travel within the state.
b. Identifying all viable routes for passenger rail service.
c. Enhancing the existing passenger rail segments within the state and constructing additional segments.
d. Providing specific guidelines and recommendations to the providers of passenger rail service within the state for complying with federal requirements necessary for the state to qualify for any available federal funding.
e. Implementing any recommendations proposed under Section 37-11B-4.
(5) PROJECT. The construction, rehabilitation, improvement, or repair of rail line or track within the state, the acquisition and development of real property and improvements to the property associated with the project, the acquisition of easements and rights-of-way to real property as may be necessary to the project, and any other component associated with the project as approved by ADECA, especially those components that may enhance state opportunities for available federal funding assistance.
(6) STATE RAIL PLAN. The plan developed by ADECA with the assistance of the commission that coordinates all aspects of the rail infrastructure within the State of Alabama and that includes both freight and passenger components as those components are defined in this section.
","history":"(Act 2009-787, p. 2472, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36681,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35640,"codeId":38390,"versionId":31013,"parentId":38386,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11B-4","shortTitle":"Section 37-11B-4","catchLine":"Program to Promote Passenger Rail Travel and Service.","title":"Section 37-11B-4 Program to Promote Passenger Rail Travel and Service.","sectionRange":null,"content":"ADECA with the assistance of the commission shall establish and operate a program to promote passenger rail travel and service in the state and make recommendations for the development and funding of specific projects related to the construction, rehabilitation, maintenance, and improvement of the state’s passenger rail infrastructure, which shall include, but are not limited to, all of the following:
(1) Insuring compatibility for a project or projects with opportunities for the state to obtain federal funding assistance that may be available for high-speed rail service, which includes, but is not limited to, intercity passenger rail service that is reasonably expected to reach speeds of 110 miles per hour.
(2) Considering projects that create a series of corridor route rail segments with passenger service areas that are smaller than long-distance passenger trains and typically connect major city pairs, in order to provide improved service at peak travel times and a higher frequency of trains.
(3) Requiring that passenger rail projects demonstrate improvements in estimated ridership, increased on-time performance, reduced trip time, and additional service frequency to meet anticipated demand.
(4) Establishing criteria for the development of such projects that shall include, but are not limited to, public safety and interest, economic benefit to the state, financial viability after the dedication of state or federal funding resources, and continuity of rail infrastructure with regard to passenger rail service in the state.
(5) Conducting feasibility studies with regard to passenger rail service, in addition to the creation or update of the Passenger Component of the State Rail Plan.
","history":"(Act 2009-787, p. 2472, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36682,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35641,"codeId":38391,"versionId":31014,"parentId":38386,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11B-5","shortTitle":"Section 37-11B-5","catchLine":"Actions in Accordance with State Rail Plan or Studies.","title":"Section 37-11B-5 Actions in Accordance with State Rail Plan or Studies.","sectionRange":null,"content":"(a)(1) Based on information gathered in the State Rail Plan or any studies conducted pursuant to subdivision (5) of Section 37-11B-4, ADECA with the assistance of the commission for purposes of promoting passenger or freight rail service, or both, may do all of the following:
a. Select or recommend routes and locations, perform preliminary engineering and surveying, acquire necessary rights-of-way and property, perform site improvements, and otherwise plan, develop, construct, and own a rail line, or portion thereof, that connects to the rail line of a railroad corporation.
b. Take any action described in subdivision (1) for the purpose of assisting a railroad corporation or other entity in developing, constructing, improving, and owning a rail line, or portion thereof, for any other purpose as approved by ADECA that promotes economic development associated with rail infrastructure or passenger or freight rail service.
(2) The actions undertaken pursuant to this subsection shall be accomplished using all the authority and powers granted to ADECA with the assistance of the commission and as applicable, by agreement with the railroad corporation to which the state-owned rail line connects or as described in any memorandum of understanding between ADECA or with the commission, or both, and the railroad corporation. ADECA and the commission, acting jointly, may enter into an agreement with a connecting railroad corporation for the lease or sale of the rail line for commercial operations on terms and conditions and with safeguards that will promote and protect the public interest. ADECA and the commission, acting jointly, may transfer possession or title to state-owned rail line and rights-of-way by deed, lease, contract, or other legal instrument. Funds for any state-owned rail line projects may be provided as appropriated by the Legislature. While owned by ADECA or any other department, agency, or instrumentality of the state or by the commission the easements and property acquired for use by a rail line may be crossed by governmental entities and public utilities with roads and utility facilities subject to compliance with appropriate safety standards.
(b) At the end of the lease term, ADECA and the commission, acting jointly, shall sell the state-owned rail line to the connecting railroad for a purchase price that, when combined with the total amount of lease payments, made before the sale, shall be an amount which is not less than the proceeds of the appropriation issued to fund the project. All lease payments shall be deposited into the Railroad Revitalization Fund established in Section 37-11B-6.
(c) If ADECA and the commission, acting jointly, take any of the actions authorized in subsection (a) and enter into an agreement for the sale of a state-owned rail line, the terms of the sale agreement shall include a purchase price that shall be in an amount not less than the amount appropriated by the Legislature to accomplish the project. The purchase price payment shall be deposited into the Railroad Revitalization Fund established in Section 37-11B-6.
(d) Contracts for the lease or sale of the rail line may be negotiated and executed without the necessity of advertising and obtaining competitive bids.
","history":"(Act 2009-787, p. 2472, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36683,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35642,"codeId":38392,"versionId":31015,"parentId":38386,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11B-6","shortTitle":"Section 37-11B-6","catchLine":"Railroad Revitalization Fund Development of State Rail Plan.","title":"Section 37-11B-6 Railroad Revitalization Fund Development of State Rail Plan.","sectionRange":null,"content":"(a) There is established in the State Treasury a revolving fund to be designated as the Railroad Revitalization Fund. Monies, including interest earnings, in this fund shall be expended either separately or in combination with any available federal funds for railroad research, railroad planning, and railroad administration costs incurred by ADECA directly attributable to railroad revitalization projects; assistance to railroads for the rehabilitation or improvement of rail lines; and construction, improvement, or rehabilitation of railroad facilities.
(b) ADECA with the assistance of the commission, in conjunction with the railroads operating in the State of Alabama, shall develop the State Rail Plan, which shall be a comprehensive plan that coordinates all aspects of the improvements to rail infrastructure within the state and includes distinct freight and passenger components, as described in subdivisions (3) and (4) of Section 37-11B-3. During fiscal years 2010 and 2011, a total cumulative sum not to exceed two hundred fifty thousand dollars ($250,000) of the Railroad Revitalization Fund shall be used specifically for the purpose of initially developing the State Rail Plan. After the initial development of the State Rail Plan, the plan shall be updated periodically, not less than every three years.
(c) Except as may be otherwise provided in Sections 37-11B-1 to 37-11B-5, inclusive, funds appropriated or otherwise provided by the Legislature for rail line assistance as described in subsections (a) and (b) shall be deposited in the Railroad Revitalization Fund. Any monies received by ADECA by agreements, grants, gifts, or other means from individuals, companies, or other business entities, municipalities, counties, local railroad authorities, or regional railroad authorities or other governmental agencies for the purposes set forth in this chapter, except federal grants made under Section 5 of the Department of Transportation Act, as amended, 49 U.S.C. §1654, shall be credited to the Railroad Revitalization Fund. Any interest received from investment of monies in the fund shall be credited to the fund and shall not be deposited into the State General Fund. Use of this fund for the required periodic updates to the State Rail Plan and for railroad research, planning, and administration costs incurred by ADECA that are directly attributable to railroad revitalization projects shall be paid from any available funds of ADECA.
","history":"(Act 2009-787, p. 2472, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36684,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35643,"codeId":51519,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"11C","shortTitle":"Chapter 11C","catchLine":"Railroad Modernization Act of 2019.","title":"Chapter 11C Railroad Modernization Act of 2019.","sectionRange":"§37-11C-1 to §37-11C-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36685,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35644,"codeId":51520,"versionId":44153,"parentId":51519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11C-1","shortTitle":"Section 37-11C-1","catchLine":"Short Title.","title":"Section 37-11C-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as The Railroad Modernization Act of 2019.
","history":"(Act 2019-459, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36686,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35645,"codeId":51521,"versionId":47907,"parentId":51519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11C-2","shortTitle":"Section 37-11C-2","catchLine":"Definitions.","title":"Section 37-11C-2 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words shall have the following meanings:
(1) CLASS II RAILROAD. A carrier classified as a Class II railroad pursuant to 49 CFR § 1201, or other rule adopted by the United States Surface Transportation Board.
(2) CLASS III RAILROAD. A carrier classified as a Class III railroad pursuant to 49 CFR § 1201, or other rule adopted by the United States Surface Transportation Board.
(3) DEPARTMENT. The Alabama Department of Revenue.
(4) ELIGIBLE TAXPAYER. A railroad that owns or leases railroad infrastructure in Alabama and is classified by the United States Surface Transportation Board as a Class II or Class III railroad.
(5) ELIGIBLE TRANSFEREE. A taxpayer who is transferred a tax credit allowed by this chapter by an eligible taxpayer.
(6) QUALIFIED RAILROAD REHABILITATION EXPENDITURES. Expenditures within the taxable year for maintenance, deductible maintenance of way expenses, reconstruction, or replacement of railroad infrastructure within the state that is owned or leased by an eligible taxpayer. The term includes new construction of industrial leads, switches, spurs, sidings, and extensions of existing sidings by an eligible taxpayer. The term does not include expenditures for which an income tax deduction has been claimed.
(7) RAILROAD INFRASTRUCTURE. Includes, but is not limited to, the track, roadbed, bridges, signaling systems and train control, industrial leads, and track-related structures owned or leased by an eligible taxpayer.
(8) REHABILITATION PLAN. Detailed construction plans and specifications for the proposed rehabilitation of railroad infrastructure under this chapter.
","history":"(Act 2019-459, §2; Act 2022-341, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36687,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35646,"codeId":51522,"versionId":47908,"parentId":51519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11C-3","shortTitle":"Section 37-11C-3","catchLine":"Standards for Approval of Qualified Railroad Rehabilitation Expenditures; Application for Tax Credits; Completion of Project; Tax Credit Certificate; Fees; Annual Report.","title":"Section 37-11C-3 Standards for Approval of Qualified Railroad Rehabilitation Expenditures; Application for Tax Credits; Completion of Project; Tax Credit Certificate; Fees; Annual Report.","sectionRange":null,"content":"(a) By December 1, 2019, the Department of Commerce shall develop standards for the approval of qualified railroad rehabilitation expenditures for which a tax credit is being sought. The standards shall consider the availability of additional public or private funding for the project, the expected completion time of the project, and the anticipated impact of the project on usage of the railroad infrastructure.
(b) By December 1, 2022, the Department of Revenue shall develop standards for the approval of qualified railroad rehabilitation expenditures for which a tax credit is being sought. The standards shall consider the availability of additional public or private funding for the project, the expected completion time of the project, and the anticipated impact of the project on usage of the railroad infrastructure.
(c) Prior to beginning any qualified railroad rehabilitation work, the eligible taxpayer shall submit an application and rehabilitation plan to the department and an estimate of the qualified railroad rehabilitation expenditures under the rehabilitation plan; provided, however, the eligible taxpayer, at its own risk, may incur qualified railroad rehabilitation expenditures no earlier than six months prior to the submission of the application and rehabilitation plan.
(d) The department shall review the application and rehabilitation plan to determine if the information contained therein is complete. If the department determines that the application and rehabilitation plan are complete, the department shall reserve, for the benefit of the eligible taxpayer, an allocation for a tax credit as provided in this chapter and shall notify the eligible taxpayer in writing of the amount of the reservation. The reservation of tax credits does not entitle the taxpayer to an issuance of tax credits until the owner complies with all other requirements of this chapter for the issuance of the tax credits. Reservations of tax credits shall be issued by the department within a reasonable time from the filing of a completed application and rehabilitation plan. Any application disapproved by the department shall be removed from the review process, and the department shall notify the taxpayer in writing of the decision to remove the application. A disapproved application may be resubmitted, but shall be deemed to be a new submission and may be charged a new application fee. In the event the reservations of tax credits equal the total amount available for reservations during the tax year, all eligible taxpayers with applications then awaiting approval or thereafter submitted shall be notified by the department that no additional tax credits shall be granted during that tax year. The applications shall remain in active status from the date of the original application and shall be considered for recommendations of tax credits in the event that additional credits become available due to rescission by the department or when a new tax year’s allocation of tax credits becomes available.
(e) Following the completion of a qualified railroad rehabilitation project, the eligible taxpayer shall notify the department that the rehabilitation has been completed and shall certify the qualified railroad rehabilitation expenditures incurred with respect to the rehabilitation plan. Within 90 days after receipt and approval of the foregoing documentation from the eligible taxpayer, the department shall issue a tax credit certificate in an amount equivalent to the amount of the qualified railroad rehabilitation expenditures incurred with respect to the rehabilitation plan as certified by the taxpayer, not to exceed the amount of the tax credit reservation issued for the project.
(f) An eligible taxpayer that has been awarded the tax credit certificate may claim the credit against any state income tax due that is specified in this chapter against the taxpayer’s Alabama state tax return. All information submitted to the Department of Revenue by taxpayers claiming or seeking certification of a credit shall be subject to the confidentiality provisions of Section 40-2A-10.
(g) For processing the taxpayer’s application for a tax credit, the department may impose an application fee equal to one percent of the qualified rehabilitation expenditures, not to exceed a fee equal to ten thousand dollars ($10,000). Any fees collected by the department under this subsection shall be deposited in the State Treasury to the credit of the department and all such funds are to be appropriated to the department to defray the expenses incurred in carrying out this chapter.
(h) The department shall report to the Legislature in the third year following passage of this chapter, and annually thereafter, on the overall economic activity, usage, and impact to the state from the rehabilitation of railroad infrastructure for which tax credits have been allowed. The information in the reports shall be consistent with the information required by the Legislature pursuant to, and shall be provided by the department to the Legislature in accordance with Section 40-1-50, and rules adopted thereunder. Information provided pursuant to this section is exempt from the confidentiality provisions of Section 40-2A-10.
","history":"(Act 2019-459, §3; Act 2022-341, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36688,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35647,"codeId":51523,"versionId":47909,"parentId":51519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11C-4","shortTitle":"Section 37-11C-4","catchLine":"Allowance and Claim of Tax Credits; Railroad Rehabilitation Income Tax Credit Account; Written Transfer Agreements.","title":"Section 37-11C-4 Allowance and Claim of Tax Credits; Railroad Rehabilitation Income Tax Credit Account; Written Transfer Agreements.","sectionRange":null,"content":"(a) For tax years beginning after December 31, 2019, through December 31, 2022, there is a credit allowed against the state income tax levied by Section 40-18-2 equal to 50 percent of an eligible taxpayer’s qualified railroad rehabilitation expenditures. The tax credit allowed under this section may not exceed three thousand five hundred dollars ($3,500) multiplied by the number of miles of railroad track owned or leased within the state by the eligible taxpayer at the close of the taxable year.
(b) For tax years beginning after December 31, 2022, through December 31, 2027, there is a credit allowed against the state income tax levied by Section 40-18-2 equal to 50 percent of an eligible taxpayer’s qualified railroad rehabilitation expenditures. The tax credit allowed under this section may not exceed four thousand one hundred dollars ($4,100) multiplied by the number of miles of railroad track owned or leased within the state by the eligible taxpayer at the close of the taxable year.
(c) There is created within the Education Trust Fund a separate account named the Railroad Rehabilitation Income Tax Credit Account. The Commissioner of Revenue shall certify to the state Comptroller the amount of income tax credits under this section, and the state Comptroller shall transfer into the Railroad Rehabilitation Income Tax Credit Account only the amount from sales tax revenues within the Education Trust Fund that is sufficient for the Department of Revenue to use to cover the income tax credits for the applicable tax year. The commissioner shall distribute the funds in the Railroad Rehabilitation Income Tax Credit Account pursuant to this section.
(d) The entire tax credit may be claimed by the taxpayer in the taxable year in which the qualified railroad rehabilitation expenditures are completed and placed into service. Where the taxes owed by the eligible taxpayer are less than the tax credit, the eligible taxpayer may be entitled to claim a refund for the difference.
(e) For the calendar years 2020, 2021, and 2022, the aggregate amount of all tax credits that may be reserved in any one of such years by the department upon certification of rehabilitation plans shall not exceed three million seven hundred thousand dollars ($3,700,000) plus any amount of previous reservations of tax credits that were rescinded during the tax year. However, if all of the allowable tax credit amount for any tax year is not requested and reserved, any unreserved tax credits may be utilized by the department in awarding tax credits in subsequent years; provided, however, that in no event shall a total of more than eleven million one hundred thousand dollars ($11,100,000) be reserved by the department during the period of August 1, 2019 through August 1, 2022. For purposes of this chapter, “tax year” shall mean the calendar year.
(f) For the calendar years 2023 through 2027, the aggregate amount of all tax credits that may be reserved in any one of such years by the department upon certification of rehabilitation plans shall not exceed four million five hundred thousand dollars ($4,500,000) plus any amount of previous reservations of tax credits that were rescinded during the tax year. However, if all of the allowable tax credit amount for any tax year is not requested and reserved, any unreserved tax credits may be utilized by the department in awarding tax credits in subsequent years; provided, however, that in no event shall a total of more than twenty-two million five hundred thousand dollars ($22,500,000) be reserved by the department during the period of August 1, 2022, through August 1, 2027. For the purposes of this chapter “tax year” shall mean the calendar year.
(g) Tax credits granted to a partnership, a limited liability company, S Corporations, trusts, or estates shall be claimed at the entity level and shall not pass through to the partners, members, or owners.
(h) All or any portion of the income tax credit authorized under this section may be transferable and assignable by written transfer agreement and subject to any notice and verification requirements to be determined by the Department of Revenue. Any tax credits transferred shall be at a value of at least eighty-five percent (85%) of the present value of the credits. However, once a credit is transferred, only the transferee may utilize the credit and the credit may not be transferred again. An eligible transferee of the credit may use the amount of credits transferred to offset any income tax due under Chapter 18 of Title 40. The department, by rule, shall adopt a written transfer agreement form. The transfer statement form shall include the name and federal taxpayer identification number of the transferor and each transferee listed therein along with the amount of the tax credit to be transferred to each transferee listed on the form. The transfer statement form shall also contain such other information as the department may from time to time reasonably require. For each transfer, the transferor shall file with the department: (1) a completed transfer statement form; (2) a copy of the executed written transfer agreement; and (3) a transfer fee payable to the department in the amount of one thousand dollars ($1,000) per transferee listed on the transfer statement form. Within 30 days after the department’s receipt of the fully executed written transfer agreement, the department shall issue a tax credit certificate to each transferee listed in the agreement in the amount of the tax credit so transferred. Such certificate shall be used by the transferee in claiming the tax credit. The department may adopt such additional rules as are necessary to permit verification of the ownership of the tax credits but shall not adopt any rules that unduly restrict or hinder the transfer of the tax credits.
","history":"(Act 2019-459, §4; Act 2021-177, §1(b)(3); Act 2022-341, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36689,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35648,"codeId":51524,"versionId":47910,"parentId":51519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11C-5","shortTitle":"Section 37-11C-5","catchLine":"Rulemaking Authority; Applications for Reservation of Tax Credits.","title":"Section 37-11C-5 Rulemaking Authority; Applications for Reservation of Tax Credits.","sectionRange":null,"content":"(a) By October 1, 2019, the Department of Commerce shall adopt rules necessary to implement this chapter. Applications for the reservation of tax credits shall be accepted beginning November 1, 2019.
(b) By October 1, 2022, the Department of Revenue shall adopt rules necessary to implement this chapter. Applications for the reservation of tax credits shall be accepted beginning November 1, 2022.
","history":"(Act 2019-459, §5; Act 2022-341, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36690,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35649,"codeId":51525,"versionId":47911,"parentId":51519,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-11C-6","shortTitle":"Section 37-11C-6","catchLine":"Duration of Tax Credits.","title":"Section 37-11C-6 Duration of Tax Credits.","sectionRange":null,"content":"The tax credit allowed under this chapter shall be effective for the 2020 tax year and shall continue through the 2027 tax year, unless extended by act of the Legislature.
","history":"(Act 2019-459, §6; Act 2022-341, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36691,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35650,"codeId":3023,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"12","shortTitle":"Chapter 12","catchLine":"Development of Cogeneration Facilities.","title":"Chapter 12 Development of Cogeneration Facilities.","sectionRange":"§37-12-1 to §37-12-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36692,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35651,"codeId":3026,"versionId":2376,"parentId":3023,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-12-1","shortTitle":"Section 37-12-1","catchLine":"Short Title.","title":"Section 37-12-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the “Alabama Cogeneration Act of 1983.”
","history":"(Acts 1983, No. 83-574, p. 880, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36693,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35652,"codeId":3029,"versionId":2379,"parentId":3023,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-12-2","shortTitle":"Section 37-12-2","catchLine":"Declaration of Public Policy.","title":"Section 37-12-2 Declaration of Public Policy.","sectionRange":null,"content":"It is hereby declared to be the public policy of this state to encourage the development of cogeneration facilities to conserve energy resources and further industrial economic development in this state to the extent such encouragement is not inconsistent with the maintenance of just and reasonable electric rates to consumers of electric utilities. It is necessary for growth and job opportunities to encourage new investment in energy producing systems to remain competitive and allow for the sustained economic development of this state, consistent with just and reasonable treatment of electric consumers of this state.
","history":"(Acts 1983, No. 83-574, p. 880, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36694,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35653,"codeId":3035,"versionId":2383,"parentId":3023,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-12-3","shortTitle":"Section 37-12-3","catchLine":"Rules and Regulations Governing.","title":"Section 37-12-3 Rules and Regulations Governing.","sectionRange":null,"content":"In furtherance of the policy set forth in Section 37-12-2, the rules and regulations relating to cogeneration facilities and cogenerators in the State of Alabama and the treatment of such facilities and cogenerators with respect to the capacity and energy produced in such facilities shall be governed by the applicable provisions of the regulations relating thereto which have been promulgated as of July 6, 1983 by the Federal Energy Regulatory Commission under Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978, (“PURPA”), 16 U.S.C. §796(17)-(22) and 16 U.S.C. §824 a-3 (Supp. V); such regulations being embodied in 18 Code of Federal Regulations Sections 292.101 through 292.602. Said regulations are incorporated by reference as if fully set out herein. A copy of said regulations, as complied and published in 18 Code of Federal Regulations Part 292 as of July 6, 1983 and incorporated in a volume entitled “Regulations Relating to Cogeneration Facilities Adopted for the State of Alabama,” shall be maintained by the secretary of the Alabama Public Service Commission.
","history":"(Acts 1983, No. 83-574, p. 880, §3; Acts 1984, No. 84-259, p. 431, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36695,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35654,"codeId":3038,"versionId":2385,"parentId":3023,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-12-4","shortTitle":"Section 37-12-4","catchLine":"Implementation of Chapter by Alabama Public Service Commission.","title":"Section 37-12-4 Implementation of Chapter by Alabama Public Service Commission.","sectionRange":null,"content":"The Alabama Public Service Commission (“the commission”) is hereby authorized and directed to take all necessary steps to implement the provisions of this chapter as it affects utilities already subject to the jurisdiction of the commission and to promulgate rules and regulations consistent with the provisions hereof. Any such rule or regulation promulgated under the chapter shall be adopted pursuant to a determination by the commission, supported by substantial evidence, that such rule or regulation is in the public interest and shall be just and reasonable to the electric consumers of any electric utility affected. Any cogenerator or electric utility may petition the commission for appropriate relief under this chapter, and the commission will act on any such petition within 180 days. Any cogenerator or electric utility may petition the commission for approval of a contract between them, which approval will be granted within 60 days of such petition unless the contract is clearly contrary to the policy and purposes of this chapter or is otherwise unlawful. Payments required to be made by a utility to a cogenerator pursuant to any contract approved under this chapter, or pursuant to other relief afforded under this chapter, shall be afforded appropriate treatment by the commission to assure full and expedient recovery in the rates charged by the utility which are subject to the commission’s jurisdiction. If the commission action on any petition is inconsistent with the provisions of this chapter, or is otherwise unlawful, the petitioner or any party to the proceedings may bring an action within 30 days after the date of the commission order or the expiration of the applicable 60 or 180-day period, in the Circuit Court of Montgomery County, Alabama, to seek appropriate relief consistent with the policy, purposes and provisions of this chapter.
","history":"(Acts 1983, No. 83-574, p. 880, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36696,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35655,"codeId":3041,"versionId":2388,"parentId":3023,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-12-5","shortTitle":"Section 37-12-5","catchLine":"Purchase of Coal Produced in Alabama Required.","title":"Section 37-12-5 Purchase of Coal Produced in Alabama Required.","sectionRange":null,"content":"In order to enforce the provisions of this chapter, a cogenerator who uses coal as a fuel source to produce electrical power shall purchase coal produced in the State of Alabama provided that such Alabama coal is available to the cogenerator at prices and under terms and conditions (including availability, quantity, quality and reliability of supplier) at least as favorable as coal produced outside the State of Alabama.
","history":"(Acts 1983, No. 83-574, p. 880, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36697,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35656,"codeId":3047,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"13","shortTitle":"Chapter 13","catchLine":"Incorporation of Railroad Authorities as Public Corporations.","title":"Chapter 13 Incorporation of Railroad Authorities as Public Corporations.","sectionRange":"§37-13-1 to §37-13-21","content":null,"history":null,"numChildren":21,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36698,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35657,"codeId":3048,"versionId":26567,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-1","shortTitle":"Section 37-13-1","catchLine":"Definitions.","title":"Section 37-13-1 Definitions.","sectionRange":null,"content":"When used in this chapter, unless the context plainly indicates otherwise, the present tense shall include the future tense, the singular shall include the plural, the plural shall include the singular and the following words and phrases shall have the meanings respectively ascribed to them by this section.
(1) ADDITIONAL RAIL SERVICE AREA. Any territory that is outside the boundaries or corporate limits, as the case may be, of any of its authorizing subdivisions and that the governing body of the county, and of any city or town, in which such territory is located has by resolution designated as an area in which the authority may render rail transportation service.
(2) AUTHORITY. Any public corporation organized pursuant to this chapter or any law amendatory thereof or supplemental thereto.
(3) AUTHORIZING SUBDIVISION. Any county, city, or town in this state in which there are located railroad properties and facilities and whose governing body receives an application for permission to organize an authority.
(4) BOARD. The board of directors of an authority.
(5) BOND. Any bond authorized to be issued pursuant to this chapter.
(6) COUPON. Any interest coupon evidencing an installment of interest payable with respect to a bond.
(7) DIRECTOR. A member of a board.
(8) FEDERAL GOVERNMENT. The United States of America or any department, division, commission, or agency and instrumentality thereof, including, without limitation, the Department of Transportation.
(9) INDENTURE. A mortgage, an indenture of mortgage, deed of trust, trust agreement, or trust indenture executed by an authority as security for bonds.
(10) PERSON. An individual, a corporation, a partnership, or a foreign domestic association.
(11) RAILROAD. A common carrier by railroad as defined in Section 1(3) of Part I of the Interstate Commerce Act, codified as 49 U.S.C. §1(3).
(12) RAILROAD PROPERTIES AND FACILITIES. Any real or personal property or interest in such property which is owned, leased, or otherwise controlled by a railroad or other person, including, without limitation, an authority, and which is used or is useful in rail transportation service, including, without limiting the generality of the foregoing:
a. Track, roadbed, and related structures, including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles, culverts, elevated structures, stations, office buildings used for operating purposes only, repair shops, engine houses, and public improvements used or useful in providing rail transportation service;
b. Communication and power transmission systems for use by railroads;
c. Signals and interlockers;
d. Terminal or yard facilities and services to express companies, railroads and their shippers, including ferries, tugs, car floats, and related shoreside facilities designed for the transportation of equipment by water; and
e. Shop or repair facilities or any other property used or capable of being used in providing rail transportation service or in connection with such service or for originating, terminating, improving, and expediting the movement of equipment or goods.
(13) RAIL TRANSPORTATION SERVICE. Both freight and passenger rail service.
(14) STATE. The State of Alabama.
","history":"(Acts 1984, No. 84-179, p. 256, §1; Act 2005-318, 1st Sp. Sess., p. 777, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36699,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35658,"codeId":3052,"versionId":26568,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-2","shortTitle":"Section 37-13-2","catchLine":"Authority and Procedure to Incorporate.","title":"Section 37-13-2 Authority and Procedure to Incorporate.","sectionRange":null,"content":"Pursuant to this chapter, authorities may be organized as public corporations with the powers herein set forth. To organize an authority, no fewer than three natural persons shall file with the governing body of any one or more counties, cities, or towns within this state in which there are located railroad properties and facilities, an application in writing for permission to incorporate a public corporation under this chapter and shall attach to such application a proposed form of certificate of incorporation for such corporation. If each governing body with which the application is filed shall adopt a resolution, which need not be published or posted, approving the form of the certificate of incorporation and authorizing the formation of a public corporation, then the applicants shall become the incorporators of and shall proceed to incorporate an authority as a public corporation in the manner hereinafter provided, using for that purpose the form of certificate of incorporation so approved.
","history":"(Acts 1984, No. 84-179, p. 256, §2; Act 2005-318, 1st Sp. Sess., p. 777, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36700,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35659,"codeId":3055,"versionId":2399,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-3","shortTitle":"Section 37-13-3","catchLine":"Certificate of Incorporation - Contents.","title":"Section 37-13-3 Certificate of Incorporation - Contents.","sectionRange":null,"content":"The certificate of incorporation of an authority shall state;
(1) The names of the incorporators together with the residence of each thereof, and a statement that each of them is a duly qualified elector of and owner of property in the state;
(2) The name of the authority (which name shall include the words “railroad authority”);
(3) The period for the duration of the authority (if the duration is to be perpetual that fact shall be so stated);
(4) The name of each authorizing subdivision, together with the date on which the governing body thereof adopted a resolution authorizing the incorporation of the authority;
(5) The proposed location of the principal office of the authority, which shall be in this state;
(6) The number of directors, which shall be not less than three, the duration of their respective terms of office (which shall not be in excess of five years), and, subject to the provisions of Section 37-13-5, the manner of their election or appointment; and
(7) Any other matters relating to the authority that the incorporators may choose to insert and that is not inconsistent with this chapter or with other laws of the state.
","history":"(Acts 1984, No. 84-179, p. 256, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36701,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35660,"codeId":3058,"versionId":2402,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-4","shortTitle":"Section 37-13-4","catchLine":"Certificate of Incorporation - Execution and Recordation.","title":"Section 37-13-4 Certificate of Incorporation - Execution and Recordation.","sectionRange":null,"content":"The certificate of incorporation of an authority shall be signed and acknowledged by the aforesaid incorporators before an officer authorized by the laws of the state to take acknowledgements to deeds and shall have attached thereto a certified copy of each of the resolutions provided for in Section 37-13-2 and a certificate by the secretary of state that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty. The certificate of incorporation of an authority, together with the documents required by the preceding sentence to be attached thereto, shall be filed for record in the office of the judge of probate of the county in which the principal office of the authority shall be located. The judge of probate shall forthwith receive and record the same. When such a certificate of incorporation and attached documents have been so filed, the authority referred to therein shall come into existence and shall constitute a public corporation under the name set forth in such certificate of incorporation, whereupon the authority shall be vested with the rights and powers herein granted.
","history":"(Acts 1984, No. 84-179, p. 256, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36702,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35661,"codeId":3062,"versionId":2406,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-5","shortTitle":"Section 37-13-5","catchLine":"Board of Directors of Authority.","title":"Section 37-13-5 Board of Directors of Authority.","sectionRange":null,"content":"Each authority shall be governed by a board of directors composed of the number of directors provided in its certificate of incorporation, all of whom shall be selected in accordance with the provisions of this section. If there is to be only one authorizing subdivision (whether a county, city or town), the governing body of the authorizing subdivision shall elect all the directors. If there is to be more than one authorizing subdivision, the respective governing bodies of the authorizing subdivisions shall each elect the same number of directors; and one additional director shall be elected jointly by the governing bodies of all the authorizing subdivisions. Each director shall be a resident of the authorizing subdivision by whose governing body he was elected, except that the said additional director need only be a resident of the county in which is located the principal office of the authority, as specified in its certificate of incorporation. In the event of a vacancy which continues for more than 30 days in the office of the said additional director, then and in such event the Governor of Alabama shall, upon the request of the governing body of any authority subdivision, appoint the said additional director. No officer of the state or any county, city or town therein shall, while holding such office, be eligible to serve as a director. If any director resigns, dies or becomes incapable or ineligible to act as a director, a successor to serve the unexpired portion of his term shall be elected in the manner prescribed hereinabove by the governing body of the authorizing subdivision which elected the director whose unexpired term he is filling or, in the case of the said additional director, by all such governing bodies. Failing such election for a period of more than 30 days, such successor shall, upon the request of the governing body of any authorizing subdivision, be appointed by the governor of the state. Directors shall be eligible for re-election.
A majority of the directors shall constitute a quorum for the transaction of business but any meeting of the board may be adjourned from time to time by a majority of the directors present or may be so adjourned by a single director if such director is the only director present at such meeting. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the powers and duties of the authority. The board shall hold regular meetings on the second Tuesday in each month and at such other times as may be provided in the bylaws of the authority; and the board may hold other meetings at any time and from time to time, provided that upon call of the chairman of the authority or any two directors, a special meeting of the board must be held. Any matter on which the board is authorized to act may be acted upon at any regular, special or called meeting. At the request of any director, the vote on any question before the board shall be taken by yeas and nays and entered upon the record. All proceedings of the board shall be reduced to writing by the secretary of the authority, recorded in a well bound book and open to each director and to the public at all reasonable times. Copies of such proceedings, when certified by the secretary of the authority under its seal, shall be received in all courts as evidence of the matters and things therein certified.
Directors shall receive no compensation for their services as directors; however, each director may be reimbursed for expenses actually incurred by him in and about the performance of his duties. Any director may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal of the officers mentioned in said Section 175.
","history":"(Acts 1984, No. 84-179, p. 256, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36703,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35662,"codeId":3065,"versionId":2409,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-6","shortTitle":"Section 37-13-6","catchLine":"Officers of Authority.","title":"Section 37-13-6 Officers of Authority.","sectionRange":null,"content":"The officers of the authority shall consist of a chairman, a vice-chairman, a secretary, a treasurer and such other officers as the board shall deem necessary to accomplish the purposes for which the authority was organized. The chairman, vice-chairman and secretary of the authority shall be elected by the board from its membership, but neither the treasurer nor any of the other officers of the authority need be a member of the board. Subject to the provisions of the immediately preceding sentence, the offices of secretary and treasurer may, but need not be, held by the same person. The chairman, vice-chairman and secretary of the authority shall be elected by the board for a term of one year, and the treasurer and the other officers of the authority shall be elected by the board for such term as it deems advisable. The duties of the chairman, vice-chairman, secretary and treasurer shall be such as are customarily performed by such officers and as may be prescribed by the board. The duties of any other officer of the authority shall be such as are from time to time prescribed by the board.
","history":"(Acts 1984, No. 84-179, p. 256, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36704,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35663,"codeId":3067,"versionId":2411,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-7","shortTitle":"Section 37-13-7","catchLine":"Powers of Authority Generally.","title":"Section 37-13-7 Powers of Authority Generally.","sectionRange":null,"content":"Each authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form;
(1) To have succession by its corporate name for the duration of time (which may be in perpetuity) specified in its certificate of incorporation;
(2) To sue and be sued in its own name in civil suit and actions;
(3) To adopt and make use of a corporate seal and to alter the same at pleasure;
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;
(5) To acquire, receive, take and hold, whether by purchase, gift, lease, devise, or otherwise, property of every description, whether real, personal or mixed, whether in one or more counties and whether within or without the boundaries or corporate limits (as the case may be) of any authorizing subdivision, and to manage said property, and to develop any undeveloped property owned, leased or controlled by it in a manner necessary or convenient to carry out the purposes of this chapter;
(6) To execute such contracts and other instruments and to take such other action as may be necessary or convenient to carry out the purposes of this chapter or the exercise of any power granted hereunder;
(7) To plan, establish, acquire (by purchase, gift, lease, or devise), construct, enlarge, reconstruct, improve, operate, maintain, replace, repair, extend, improve, regulate and protect railroad properties and facilities within the boundaries or corporate limits (as the case may be) of any of its authorizing subdivisions and within any additional rail service area;
(8) To make the use and services of its railroad properties and facilities available to others in the furtherance of the purposes of this chapter and upon such terms and conditions as the board shall deem proper, and to lease such railroad properties and facilities to others upon such terms and conditions as the board may determine, unless specifically provided for herein;
(9) To receive and accept contributions, grants or other financial assistance from the federal government, the state or any political subdivision thereof, to be used in furtherance of the purposes of this chapter;
(10) To establish schedules of tolls, fees, rates, charges and rentals for the use of its railroad properties and facilities and to charge, alter and collect such tolls, fees, rates, charges and rentals in carrying out the provisions of this chapter;
(11) To make contracts and execute instruments containing such covenants, terms and conditions as in the judgment of the board may be necessary, proper or advisable for the purpose of obtaining grants, loans or other financial assistance from any federal or state agency for or in the aid of the acquisition or improvement of the railroad properties and facilities herein provided; to make all other contracts and execute all other instruments including, without limitation, licenses, long and short-term leases, mortgages and deeds of trust and other agreements relating to the railroad properties and facilities within the boundaries or corporate limits (as the case may be) of any of its authorizing subdivisions and within any additional rail service area, and the construction, operation, maintenance, repair and improvement thereof as in the judgment of the board may be necessary, proper or advisable for the furtherance of the purposes of this chapter and the full exercise of the powers herein granted; and to carry out and perform the covenants, terms and conditions of all such contracts or instruments;
(12) To acquire, by purchase, gift, devise or lease, existing railroad properties and facilities, whether in one or more counties and whether within or without the boundaries or corporate limits (as the case may be) of any of its authorizing subdivisions;
(13) To issue revenue bonds payable from the limited sources hereinafter referred to;
(14) To pledge for payment of such bonds any revenues and funds from which such bonds are made payable;
(15) To make and enter into contracts, leases and agreements incidental to or necessary for the accomplishment of any purposes for which the authority was organized;
(16) To exercise the power of eminent domain in the manner and subject to the provisions of Title 18 as amended, with respect to any property, real, personal or mixed, whether in one or more counties and whether within or without the boundaries or corporate limits (as the case may be) of any authorizing subdivision; provided, that the authority may not acquire by eminent domain any real property or rights owned or held by railroads, transportation companies or utilities, either public or private;
(17) To appoint, employ, contract with and provide for compensation of such officers, employees and agents, including engineers, attorneys, consultants, fiscal advisers and such other employees as the business of the authority may require, including the power to fix working conditions by general rule and other conditions of employment, and at its option to provide a system of disability pay, retirement compensation and pensions, or any of them, and to hire and fire servants, agents, employees and officers at will;
(18) To provide for such insurance, including use and occupancy insurance, as the authority may deem advisable;
(19) To invest any funds of the authority that the board may determine are not presently needed for its corporate purposes in any obligations which are direct general obligations of the United States of America or which are unconditionally guaranteed as to both principal and interest by the United States of America, or in interest-bearing time deposits of any bank or savings and loan association organized under the laws of the state or of the United States of America;
(20) To cooperate with the state, any county, city, town, public corporation, agency, department, or political subdivision of the state, and to make such contracts with them or any of them as the board may deem advisable to accomplish the purposes for which the authority was established;
(21) To sell and convey any of its properties that may have become obsolete or worn out or that may no longer be needed or useful;
(22) To receive and accept grants for or in aid of the construction, extension, improvement, maintenance or operation of any railroad properties and facilities from the United States of America or any agency thereof, and from the state, any department or agency thereof and any political subdivision thereof, and to receive and accept money, property, labor or other things of value from any source whatever; and
(23) To purchase equipment and supplies necessary or convenient for the exercise of any power of the authority.
","history":"(Acts 1984, No. 84-179, p. 256, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36705,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35664,"codeId":3071,"versionId":2414,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-8","shortTitle":"Section 37-13-8","catchLine":"Acceptance, Etc., of Federal and State Aid Authorized.","title":"Section 37-13-8 Acceptance, Etc., of Federal and State Aid Authorized.","sectionRange":null,"content":"Each authority is authorized to accept, receive, receipt for, disburse and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of the chapter. All federal moneys accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the United States and as are not inconsistent with the laws of this state, and all state moneys accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by law.
","history":"(Acts 1984, No. 84-179, p. 256, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36706,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35665,"codeId":3073,"versionId":2417,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-9","shortTitle":"Section 37-13-9","catchLine":"Cooperation of Cities, Counties, Etc.","title":"Section 37-13-9 Cooperation of Cities, Counties, Etc.","sectionRange":null,"content":"For the purpose of aiding and cooperating with an authority in the planning, development, undertaking, construction, extension, improvement or operation of railroad properties and facilities, any county, city, town or other political subdivision, public corporation, agency or instrumentality of this state may, upon such terms and with or without consideration, as it may determine:
(1) Lend or donate money to an authority;
(2) Cause water, sewer or drainage facilities, or any other facilities which it is empowered to provide, to be furnished adjacent to or in connection with such railroad properties and facilities;
(3) Donate, sell, convey, transfer or lease to an authority any land, property, franchise, grant easement, license or lease, which it may own;
(4) Donate, transfer, assign, sell or convey to an authority any right, title or interest which it may have in any lease, contract, agreement, license or property;
(5) Furnish, dedicate, close, pave, repair, install, grade, regrade, plan or replan streets, roads, roadways and walks from established streets or roads to railroad properties and facilities of an authority; and
(6) Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with an authority in the planning, undertaking, construction, reconstruction, acquisition or operation of railroad properties and facilities.
","history":"(Acts 1984, No. 84-179, p. 256, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36707,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35666,"codeId":3076,"versionId":2420,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-10","shortTitle":"Section 37-13-10","catchLine":"Suits Against Manager or Director of Authority.","title":"Section 37-13-10 Suits Against Manager or Director of Authority.","sectionRange":null,"content":"No action or suit shall be brought or maintained against the manager or any director of an authority for or on account of the negligence of the authority or such manager or director, or its or his agents, servants or employees, in or about the construction, maintenance, operation, superintendence or management of any railroad properties and facilities or other property owned or controlled by the authority.
","history":"(Acts 1984, No. 84-179, p. 256, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36708,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35667,"codeId":3079,"versionId":2423,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-11","shortTitle":"Section 37-13-11","catchLine":"Bonds of Authority - Generally.","title":"Section 37-13-11 Bonds of Authority - Generally.","sectionRange":null,"content":"Each authority shall have the power and is hereby authorized at any time and from time to time to issue and sell its revenue bonds for any of its corporate purposes. The principal of and the interest on all such bonds shall be payable solely from, and may be secured by a pledge of, the revenues derived by the authority from the operation, leasing or sale of any or all of its railroad properties and facilities, and other property. No bonds issued or contracts entered into by the authority shall ever constitute or create an obligation or debt of the state, or of any county, city or town within the state, or a charge against the credit or taxing powers of the state, or of any county, city or town within the state. Bonds of the authority may be issued by any time and from time to time, may be in such form, either in bearer form with appurtenant coupons (and subject to registration as to principal or interest, or both, all as the board may determine) or in fully registered form without coupons, and in such denominations, may be of such tenor, may be payable in such installments and at such time or times not exceeding 40 years from their date, may be payable at such place or places whether within or without the state, may bear interest at such rate or rates (which may be fixed or which may float or vary based on some index or other standard deemed appropriate by the board), and shall be payable and evidenced in such manner, all as shall not be inconsistent with the provisions of this chapter and as may be provided in the proceedings of the board wherein the bonds shall be authorized to be issued. Any bond having a stated maturity more than 10 years after its date shall be made subject to redemption at the option of the authority not later than the expiration of 10 years from its date and on any interest payment date thereafter at such price or prices and after such notice or notices and on such terms and in such manner as may be provided in the proceedings of the board wherein it is authorized to be issued. Bonds of the authority may be sold at public or private sale in such manner and from time to time as may be determined by the board. The authority may pay all reasonable expenses, premiums, fees and commissions that the board may deem necessary or advantageous in connection with the authorization, sale and issuance of its bonds. All bonds shall contain a recital that they are issued pursuant to the provisions of this chapter, which recital shall be conclusive that they have been duly authorized pursuant to the provisions of this chapter. Neither a public hearing nor the consent of any agency of the state or any subdivision thereof shall be prerequisite to the issuance of bonds by any authority. Notwithstanding the fact that they are payable solely from a specified source, all bonds issued under the provisions of this chapter shall be deemed negotiable instruments within the meaning of the negotiable instruments law of the state if they otherwise possess all the characteristics of negotiable instruments under the laws of the state.
","history":"(Acts 1984, No. 84-179, p. 256, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36709,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35668,"codeId":3082,"versionId":2425,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-12","shortTitle":"Section 37-13-12","catchLine":"Bonds of Authority - Execution.","title":"Section 37-13-12 Bonds of Authority - Execution.","sectionRange":null,"content":"All bonds shall be signed by the chairman or vice-chairman and the secretary or treasurer of the authority and the seal of the authority shall be affixed thereto. A facsimile of the signature of one, but not both, of the officers whose signatures will appear on the bonds may be imprinted or otherwise reproduced thereon in lieu of his manually signing the same; provided, however, that a facsimile of the signature of both such officers may be imprinted or reproduced on such bonds if such bonds are required to be authenticated by the manual signature of the duly designated registrar of such bonds, or an authorized officer of such registrar; and provided further, that a facsimile of the seal of the authority may be imprinted or otherwise reproduced on the bonds in lieu of being manually affixed thereto. Coupons shall be signed by the chairman or vice-chairman and the secretary or treasurer of the authority, but a facsimile of the signature of such chairman or vice-chairman and such secretary or treasurer may be impressed or otherwise reproduced on any such coupons in lieu of their manually signing the same. Delivery of bonds so executed shall be valid notwithstanding any changes in officers or in the seal of the authority after the signing and sealing of the bonds.
","history":"(Acts 1984, No. 84-179, p. 256, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36710,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35669,"codeId":3083,"versionId":2427,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-13","shortTitle":"Section 37-13-13","catchLine":"Bonds of Authority - Security.","title":"Section 37-13-13 Bonds of Authority - Security.","sectionRange":null,"content":"In the discretion of the authority any bonds may be issued under and secured by an indenture between the authority and a trustee. Said trustee may be a private person or corporation, including (but not limited to) any trust company or bank having trust powers, whether such bank or trust company is located within or without the state. In any such indenture or resolution providing for the issuance of bonds, the authority may pledge, for payment of the principal of and the interest on such bonds, any of its revenues to which its right then exists or may thereafter come into existence and may assign, as security for such payment, any of its leases, franchises, permits and contracts; and in any such indenture, the authority may mortgage any of its properties, including any that may be thereafter acquired by it. Any such pledge of revenues shall be valid and binding from the time it is made, and the revenues so pledged and thereafter received by the authority shall immediately become subject to the lien of such pledge without any physical delivery thereof or further act. The lien of such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether the parties have actual notice thereof, from the time a statement is filed in the office of the judge of probate of the county in which is located the principal office of the authority (as specified in its certificate of incorporation) and any other county in which any part of the property, the revenues from which are so pledged, is located. Such notice need state only the date on which the resolution authorizing the issuance of the bonds was adopted by the board, the principal amount of bonds issued, a brief description of the revenues so pledged and a brief description of any property the revenues from which are so pledged.
In any indenture or resolution authorizing the issuance of bonds and pledging for the benefit thereof revenues from any of its railroad properties and facilities, the authority shall have the power to include provisions customarily contained in instruments securing evidence of indebtedness, including, without limiting the generality of the foregoing, provisions respecting the collection, segregation and application of any rental or other revenue due to or to become due to the authority, the terms to be incorporated in any lease agreement respecting any property of the authority, the maintenance and insurance of any building or structure owned by the authority, the creation and maintenance of special funds from any revenue of the authority and the rights and remedies available in the event of default to the holders of the bonds or the trustee under the indenture, all as the board shall deem advisable and as shall not be in conflict with the provisions of this chapter. If there be any default by the authority in payment of the principal of or the interest on the bonds or in any of the agreements on the part of the authority that may properly be included in any indenture securing the bonds, any holder of bonds or coupons, or the trustee under any indenture if so authorized in such indenture, may (in addition to any other remedies herein provided or otherwise available) either at law or in equity, by suit, action, mandamus or other proceedings, enforce payment of such principal or interest and compel performance of all duties of the board and officers of the authority, and shall be entitled as a matter of right, and regardless of the sufficiency of any such security, to the appointment of a receiver in equity with all the powers of such receiver for the operation and maintenance of the property of the authority covered by such indenture and the collection, segregation and application of revenues therefrom. The indenture may also contain provisions restricting the individual rights of action of the holders of the bonds and coupons.
","history":"(Acts 1984, No. 84-179, p. 256, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36711,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35670,"codeId":3085,"versionId":2429,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-14","shortTitle":"Section 37-13-14","catchLine":"Bonds of Authority - Disposition of Proceeds from Sale of Bonds.","title":"Section 37-13-14 Bonds of Authority - Disposition of Proceeds from Sale of Bonds.","sectionRange":null,"content":"The proceeds derived from the sale of any bonds (other than refunding bonds) may be used only to pay the costs of acquiring, constructing, improving, enlarging and equipping the railroad properties and facilities, or other property with respect to which they were issued, as may be specified in the proceedings in which the bonds are authorized to be issued. Such costs shall be deemed to include the following: the costs of any land or easements forming a part of such railroad properties and facilities or other property; the cost of labor, material and supplies used in any such construction, improvement or enlargement, including architects’ and engineers’ fees, and the cost of preparing contract documents and advertising for bids; the purchase price of, and the cost of installing equipment for use in connection with, such railroad properties and facilities or other property; the cost of constructing and installing roads, sidewalks, curbs, gutters, utilities, and parking places in connection with such railroad properties and facilities or other property; the amounts of any debt service, maintenance and capital improvement and other similar reserves deemed advisable; legal, fiscal and recording fees and expenses incurred in connection with the authorization, sale and issuance of the bonds issued in connection with such railroad properties and facilities or other property; and interest on said bonds for a reasonable period prior to and during the time required for such construction, improvement, enlargement and equipment and for not exceeding 18 months after completion thereof. If any of the proceeds derived from the sale of said bonds remains undisbursed after completion of such work and payment of all of the said costs and expenses, such balance shall be used for retirement of the principal of or the interest on the bonds of the same issue.
","history":"(Acts 1984, No. 84-179, p. 256, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36712,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35671,"codeId":3088,"versionId":2431,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-15","shortTitle":"Section 37-13-15","catchLine":"Bonds of Authority - Refunding Bonds.","title":"Section 37-13-15 Bonds of Authority - Refunding Bonds.","sectionRange":null,"content":"An authority may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and the interest on any bonds of the authority theretofore issued hereunder and then outstanding, whether or not such principal and interest shall have matured at the time of such refunding, and for the payment of any expenses incurred in connection with such refunding and any premium necessary to be paid in order to redeem, retire or purchase for retirement the bonds to be refunded. The proceeds derived from the sale of any refunding bonds shall be used only for the purposes for which the refunding bonds were authorized to be issued. Any such refunding may be effected either by sale of the refunding bonds and the application of the proceeds thereof, or by exchange of the refunding bonds for the bonds or coupons to be refunded thereby; provided that the holders of any bonds or coupons so to be refunded shall not be compelled without their consent to surrender their bonds or coupons for payment or exchange prior to the date on which they may be paid or redeemed by call of the authority under their respective provisions. All provisions of this chapter pertaining to bonds of an authority that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to refunding bonds issued by an authority. An authority may at any time and from time to time issue bonds for the purpose of so refunding the principal of and the interest on any of its bonds and for any other purpose for which it is authorized to issue bonds, in which event the provisions hereof respecting refunding bonds shall apply only to that portion of such combined issue authorized for refunding purposes and the provisions hereof respecting other financing shall apply to the remaining portion of such combined issue.
","history":"(Acts 1984, No. 84-179, p. 256, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36713,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35672,"codeId":3090,"versionId":2433,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-16","shortTitle":"Section 37-13-16","catchLine":"Bonds of Authority - Exemption from Taxation.","title":"Section 37-13-16 Bonds of Authority - Exemption from Taxation.","sectionRange":null,"content":"The bonds issued by an authority and the income therefrom shall be exempt from all taxation in the state. All property and income of an authority shall be exempt from all state, county, municipal and other local taxation; provided, however, that this exemption shall not be construed to exempt concessionaires, licensees, tenants, operators or lessees of the authority from the payment of any taxes, including licenses or privilege taxes levied by the state, any county or any municipality in the state.
","history":"(Acts 1984, No. 84-179, p. 256, §16; Acts 1990, No. 90-546, p. 852, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36714,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35673,"codeId":3094,"versionId":2436,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-17","shortTitle":"Section 37-13-17","catchLine":"Investment of County and Municipal Funds in Bonds of Authority.","title":"Section 37-13-17 Investment of County and Municipal Funds in Bonds of Authority.","sectionRange":null,"content":"The governing body of any county, city or town within this state is authorized in its discretion to invest in bonds of the authority any idle or surplus money held in its treasury.
","history":"(Acts 1984, No. 84-179, p. 256, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36715,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35674,"codeId":3097,"versionId":2439,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-18","shortTitle":"Section 37-13-18","catchLine":"Eligibility of Bonds as Investments for Trust Funds.","title":"Section 37-13-18 Eligibility of Bonds as Investments for Trust Funds.","sectionRange":null,"content":"Bonds issued under the provisions of this chapter are hereby made legal investments for executors, administrators, trustees and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authority. Such bonds shall be legal investments for savings banks and insurance companies organized under the laws of the state.
","history":"(Acts 1984, No. 84-179, p. 256, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36716,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35675,"codeId":3100,"versionId":2442,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-19","shortTitle":"Section 37-13-19","catchLine":"Notice of Bond Resolution.","title":"Section 37-13-19 Notice of Bond Resolution.","sectionRange":null,"content":"Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may in its discretion cause to be published once a week for two consecutive weeks, in a newspaper that is customarily published in this state not less than five days in each calendar week and distributed in the county in which is located the principal office of the authority, a notice in substantially the following form (the blanks being properly filled in) at the end of which there shall be printed the name and title of either the chairman or secretary of the authority:
Authorities organized pursuant to this chapter shall be exempt from (a) all laws relating to the advertising and award of construction contracts and purchase contracts made by or in behalf of the state and its departments and by or in behalf of local governmental authorities in the state (not including, however, laws relating to surety bond requirements for such contracts), and (b) from all jurisdiction of and all regulation and supervision by the Alabama Public Service Commission (other than rate regulation) or other successor or similar agency.
","history":"(Acts 1984, No. 84-179, p. 256, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36718,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35677,"codeId":3107,"versionId":2449,"parentId":3047,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-13-21","shortTitle":"Section 37-13-21","catchLine":"Dissolution of Authority.","title":"Section 37-13-21 Dissolution of Authority.","sectionRange":null,"content":"At any time when no bonds of an authority are outstanding, such authority may be dissolved upon the filing, with the judge of probate of the county in which is filed the certificate of incorporation, of an application for dissolution, which shall be subscribed by each director and sworn to by each director before an officer authorized to take acknowledgments to deeds. Upon the filing of such application for dissolution, the authority shall cease to exist. Said probate judge shall receive and record the application for dissolution in an appropriate book of record in his office. Upon dissolution, all rights, title and interests of the authority in property shall be vested in the authorizing subdivisions pursuant to the provisions of the certificate of incorporation, or, in the absence of such provisions, shall be vested in the authorizing subdivisions in the same proportion as their contributions to the authority over the life thereof.
","history":"(Acts 1984, No. 84-179, p. 256, §21; Acts 1990, No. 90-546, p. 852, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36719,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35678,"codeId":3115,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"14","shortTitle":"Chapter 14","catchLine":"Service Territories for Electric Suppliers.","title":"Chapter 14 Service Territories for Electric Suppliers.","sectionRange":"§37-14-1 to §37-14-40","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36720,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35679,"codeId":3116,"versionId":null,"parentId":3115,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"1984 Act.","title":"Article 1 1984 Act.","sectionRange":"§37-14-1 to §37-14-17","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36721,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35680,"codeId":3117,"versionId":2457,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-1","shortTitle":"Section 37-14-1","catchLine":"Legislative Declarations, Findings, Etc.","title":"Section 37-14-1 Legislative Declarations, Findings, Etc.","sectionRange":null,"content":"The Legislature of the State of Alabama has investigated the economic, financial and environmental impact associated with the potential for duplication of electric distribution facilities used for the furnishing of retail electric service. Among its findings are the conclusion that with respect to retail electric sales, the benefit normally associated with competition between two or more entities for customers is outweighed by the tremendous cost burden which must be borne by such customers associated with the maintenance of two or more duplicate sets of facilities. It is the further finding of the legislature that the existence of duplicate facilities for the furnishing of electricity at retail is not in the public interest because of the adverse impact which such duplication has on environmental and aesthetic values and on safety. It is therefore declared that the policy of the State of Alabama is to ensure effective, economical and orderly supply of electric service at retail to customers in the state and to avoid unnecessary duplication of facilities by electric suppliers for the furnishing of such services which would result in waste and in degradation of the environment. To accomplish these objectives, it is necessary and in the public interest to establish, mandate and implement procedures for determining which electric supplier shall furnish electric service to customers at retail within various areas of the state including areas within present and future corporate limits of municipalities in the state.
","history":"(Acts 1984, No. 84-206, p. 314, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36722,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35681,"codeId":3120,"versionId":2459,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-2","shortTitle":"Section 37-14-2","catchLine":"Definitions.","title":"Section 37-14-2 Definitions.","sectionRange":null,"content":"As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise;
(1) ELECTRIC SUPPLIER. Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, firm, association or other entity engaged in the business of supplying electric service at retail; provided, however, that a university, college or United States military base which distributes electricity shall not be deemed an electric supplier for the purpose of this article.
(2) ELECTRIC SERVICE AT RETAIL and RETAIL ELECTRIC SERVICE. Electric service furnished to a customer for ultimate consumption, but does not include wholesale electric service furnished by an electric supplier to another electric supplier for resale.
(3) PREMISES. The building, structure or facility to which electricity is being metered or is to be furnished and metered, including all meters on such building, structure or facility through which electricity is delivered or to be delivered. Such term shall also include any building, structure or facility which is reconstructed to replace a previously existing building, structure or facility of substantially the same size. In the event two or more buildings, structures, or facilities are located on one tract of land utilized by one customer, those buildings, structures, or facilities which are or will be served through a different meter shall be considered a separate premises.
(4) DISTRIBUTION LINE. An electric conductor which is operated at 35,000 volts or less, up to but not including the service drop. The service drop shall be that line from the last pole or last transformer on the distribution system to the premises.
(5) EXISTING DISTRIBUTION LINE. A distribution line in existence on January 1, 1984.
(6) PRIMARY ELECTRIC SUPPLIER. That electric supplier for each municipality existing on January 1, 1984 serving a plurality of the premises within the existing municipal limits to which service is actually being supplied and metered on January 1, 1984.
(7) SECONDARY ELECTRIC SUPPLIER. Any electric supplier serving within existing municipal limits which is not the primary electric supplier.
(8) EXISTING MUNICIPAL LIMITS. The corporate boundaries of any municipality as such boundaries existed on April 26, 1984.
(9) REPRODUCTION COST NEW LESS DEPRECIATION. The total investment that would be required by the electric supplier selling the facilities to duplicate the facilities to be sold at the time of such sale utilizing then current costs for all materials, supplies, labor, land and land rights, transportation, and miscellaneous direct and indirect expenses (including overhead, engineering and supervision costs that are normally capitalized) that would be required; the costs that would be required to obtain all necessary approvals and permits; and any other costs that would be appropriately applicable to the reproduction of the facilities, less an amount representing the straight line depreciation of such reproduction costs of any depreciable items over an assumed life of 30 years for electric distribution facilities for that period of time equal to the age of the items of the electric distribution facilities being transferred. In no event, however, shall any item be depreciated more than 30 percent of the reproduction costs new of that item, so that in no event shall reproduction cost new less depreciation be less than 70 percent of the reproduction cost of such item.
(10) INDUSTRIAL CUSTOMER. A customer utilizing electric service at a premises at which the predominate activity is classified as mining, manufacturing, transportation, communication, electric, gas and sanitary services, or miscellaneous repair services in the Standard Industrial Classification Manual, Part I, Divisions B, D and E and Major Group 76 of Division I as published in 1972 by the Statistical Policy Division of the United States Office of Management and Budget.
","history":"(Acts 1984, No. 84-206, p. 314, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36723,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35682,"codeId":3123,"versionId":2462,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-3","shortTitle":"Section 37-14-3","catchLine":"Electric Service Outside Existing Municipal Limits.","title":"Section 37-14-3 Electric Service Outside Existing Municipal Limits.","sectionRange":null,"content":"Except as otherwise provided in subdivisions (2), (3), and (4) of this section in areas outside existing municipal limits (including areas annexed to municipalities on or after April 26, 1984), no electric supplier shall construct or maintain electric distribution lines for the provision of retail electric service to any premises being provided retail electric service by another electric supplier, or to any new premises located within the boundaries of assigned service areas of another electric supplier, even if the premises is within municipal limits and the electric supplier, in whose assigned area the premises is located has no franchise from the municipality in which such premises is located. Assigned service areas outside existing municipal limits are hereby established as set forth in this section.
(1) Except as specified in subdivisions (2) and (3) of this section herein, each electric supplier is hereby assigned the sole obligation, in accordance with its established rules and regulations, in areas outside existing municipal limits (including areas annexed to municipalities on or after April 26, 1984 whether or not a franchise has been granted by the municipality to the electric supplier to whom an area annexed has been assigned or to any other electric supplier), for provision of retail electric service to all new premises located in closer proximity to existing distribution lines of such supplier than the nearest existing distribution lines of any other electric supplier. No other electric supplier shall render electric service to such premises. Thus, the assigned service area of each electric supplier in areas outside existing municipal limits is defined as the area or areas consisting of a line or lines drawn equidistant between the existing distribution lines of such electric supplier and the nearest existing distribution line of any other electric supplier. Where a premises is located in the assigned service area of two electric suppliers, the supplier in whose assigned area the majority of the square footage of the premises falls shall provide the service. The above assignment shall also apply to areas within the existing municipal limits in the event the primary electric supplier fails to exercise the option to purchase set forth in Section 37-14-4.
(2) Notwithstanding the above limitations stated in this section on construction of facilities to serve customers in areas outside existing municipal limits, an electric supplier may construct, operate and maintain facilities for provision of retail electric service to any new industrial customer not presently or previously served by another electric supplier, in an area outside existing municipal limits where the initial electric service requirement to such industrial customer, under normal operations and with a six-month growth period permitted from date of initial service, is equal to or greater than 2500 kilowatts as measured over a 15-minute integrated period, upon written request to such electric supplier by the industrial customer to be served.
(3) Notwithstanding subdivision (2) hereof, no municipality or municipally-owned electric supplier shall provide retail electric service in any area outside existing municipal limits unless the premises to be so served is in the assigned service area of such electric supplier.
(4) The foregoing limitations shall not prevent an electric supplier from constructing electric facilities to serve its own premises used or to be used in its electric operations and other premises owned and occupied solely and exclusively by the electric supplier, or a municipality which appoints the governing body of such electric supplier or any agency of said municipality whose governing body is appointed by that municipality.
(5) Within nine months after April 26, 1984, all electric suppliers having existing distribution lines in each county in the state shall exchange maps of such facilities (as of January 1, 1984) located within the county. These maps shall be sufficiently detailed to permit the development of a definitive understanding of the electric supplier designated to serve under the guidelines set forth in subdivision (1) above. The legislature recognizes that the vast majority of existing distribution lines within existing municipal limits will have no effect on the assigned service areas determined in accordance with this section and electric suppliers may, at their option, elect not to show existing distribution lines which do not affect the assigned service areas.
(6) Neither (i) municipal annexations after April 26, 1984, nor (ii) the construction or removal of any facilities after January 1, 1984, nor (iii) the purchase or sale of any facilities after April 26, 1984 consummated under the provisions of this article shall affect any rights or limitations regarding retail electric service under this section. Any annexation by a municipality pursuant to the laws of this state shall be subject to and conditioned upon recognition of the provisions of this article.
","history":"(Acts 1984, No. 84-206, p. 314, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36724,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35683,"codeId":3126,"versionId":2465,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-4","shortTitle":"Section 37-14-4","catchLine":"Primary Supplier’s Option to Acquire Facilities Within Existing Municipal Limits.","title":"Section 37-14-4 Primary Supplier’s Option to Acquire Facilities Within Existing Municipal Limits.","sectionRange":null,"content":"The primary electric supplier within each municipality shall, at its option, have the right to acquire all distribution facilities of any secondary electric supplier used to supply retail electric service within the existing municipal limits and shall have the right to serve all premises within the existing municipal limits of such municipality subject to the following;
(1) The primary electric supplier must announce its intention to exercise its option in writing by registered or certified mail to the affected secondary suppliers within each municipality, addressed to the chief executive officer or manager of such secondary supplier, no later than nine months after April 26, 1984. Simultaneously with the delivery of the notice of exercise of its option by the primary electric supplier, the primary electric supplier shall deposit in escrow with a bank whose principal office is in Alabama and which has capital and surplus of not less than $5,000,000.00, or with any other escrow agent agreeable to the parties, the amount of $1,000.00 for each premises receiving electricity from the distribution facilities proposed to be purchased by the primary electric supplier on the date of the notice based on the primary electric supplier’s good faith estimate of the number of premises involved. The secondary supplier shall, within seven days after receipt of such notice, provide the actual number of premises involved, if different from that estimated by the primary supplier, and the escrow deposit made by the primary supplier shall be adjusted to accommodate any difference within seven days after such actual number of premises is supplied. The escrow agent shall be directed and authorized to invest the funds placed in escrow by the primary electric supplier in any investment directed by the primary electric supplier. The escrow agent is further authorized, upon election of the primary electric supplier making the deposit, to combine for investment any other deposit made by that depositor for the same purpose with respect to different facilities. The escrow agent shall render periodic accountings as to the escrow account to the primary electric supplier and the secondary electric supplier. If the purchase is consummated in accordance with this article, the funds shall be used to satisfy the purchase price of the facilities and other consideration to be paid by the primary electric supplier to the secondary electric supplier due as of the date of closing as determined under this section. Any portion of such fund in excess of the amount due to be paid to the secondary electric supplier on the date of closing shall be refunded to the primary electric supplier. If the amount due to be paid by the primary electric supplier to the secondary electric supplier under this section on the date of closing is in excess of the amount in the escrow account, the primary electric supplier shall pay the difference to the secondary electric supplier at closing. If the closing of the facilities is not consummated because of the failure of the primary electric supplier to pursue its option under this article to purchase the distribution facilities, the escrow agent shall be instructed to deliver from the escrow fund to the secondary electric supplier, 14 days after the date on which the primary electric supplier’s rights to purchase the facilities expire unconsummated, the interest earned on the amount deposited from investment of such funds plus 10 percent of the amount originally deposited by the primary electric supplier. The balance of such escrow funds shall be returned to the primary electric supplier making the deposit.
(2) Unless otherwise agreed to by the secondary electric supplier and except as provided in subdivision (3) of this section, the primary electric supplier must offer to purchase all of the distribution facilities of the secondary electric supplier utilized by the secondary electric supplier for retail electric service within the existing municipal limits of any particular municipality. The primary and secondary electric supplier shall cooperate in the development of an inventory of such facilities and in the valuation of the facilities to be sold and other consideration to be paid in accordance with the principles set forth in subdivision (4) below. The secondary electric supplier shall also furnish to the primary electric supplier an accurate record of the revenues billed to customers of the secondary electric supplier located within the existing municipal limits of the municipality for the 12 months preceding the date of notice from the primary electric supplier of its exercise of the option to purchase facilities. The secondary electric supplier shall also provide the primary electric supplier with such information as is available to the secondary electric supplier concerning title to the distribution facilities. Within three months after initial notice has been given to the secondary electric supplier, if agreement has not been reached as to the inventory of facilities to be acquired and the value thereof or other consideration to be paid, the primary electric supplier shall be entitled to provide, in writing, its proposal listing the distribution facilities to be acquired, stating its estimate of the value and listing its evaluation of other consideration to be paid in accordance with subdivision (4) hereof. Within 30 days after receipt of any such proposal, the secondary electric supplier shall state its objections, if any, to the matters contained in such proposal. If the secondary electric supplier fails to submit objections within such 30-day period, the proposal submitted by the primary electric supplier shall be conclusive as to the matters contained therein. If the secondary electric supplier does provide written objections, any dispute between the parties shall be resolved by mutual agreement or by the procedure set forth in Section 37-14-6.
(3) Each affected secondary supplier shall have the right to continue to provide retail electric service in accordance with its established rules and regulations, without time limitation, to any premises within the existing municipal limits of any municipality, the electric load of which (a) was 800 kilowatts or greater for three consecutive months during the three years prior to January 1, 1984; or (b) is served from a substation or step-down transformer from 44 kilovolts or higher which is devoted exclusively to service to the particular premises.
(4) The reproduction cost new, less depreciation, of the facilities to be acquired shall be determined as of 30 days prior to the date established for the closing of the acquisition. The facilities transferred shall be conveyed by warranty deed, “as is, where is,” without warranty, express or implied, as to the condition of the facilities. In addition to such reproduction costs, the primary electric supplier shall (i) reimburse the secondary electric supplier the costs to the secondary electric supplier for removal of its meters which are excluded from the definition of distribution facilities in Section 37-14-5(i); (ii) reimburse the secondary electric supplier the cost of constructing any necessary facilities to reintegrate the system of the secondary electric supplier after detaching the portion to be sold to the primary electric supplier such that the reintegrated system and supply of power and energy thereto in those areas that will continue to be served by the secondary electric supplier will be as adequate and dependable as exists prior to the sale; such reimbursement to include the cost of removal and to be reduced by the salvage value of any facilities removed by the secondary electric supplier; (iii) reimburse the secondary electric supplier its original cost depreciated for facilities of the secondary electric supplier excluded from the definition of distribution facilities under Section 37-14-5(ii) in which case the primary electric supplier shall take title to such facilities or, at the option of the secondary electric supplier, reimburse the secondary electric supplier the cost of removal, in which case the secondary electric supplier shall retain title; and (iv) pay to any wholesale supplier of the secondary electric supplier (or if the secondary electric supplier does not purchase its electric supply at wholesale then to the secondary electric supplier) the original cost depreciated of any facilities other than distribution facilities, as described in Section 37-14-5(iii), rendered useless by such acquisition of the distribution system of the secondary electric supplier; provided, however, at the election of the owner of such facilities, the payment to be made shall be the cost to such owner of relocating such facilities. The primary electric supplier shall pay the secondary electric supplier the amount determined pursuant to this chapter for reproduction cost new less depreciation of the distribution facilities together with the amount due under subdivision (4)(i), (ii), (iii) and (iv) immediately upon transfer of title to the facilities. In addition, to compensate the secondary electric supplier for the loss of future revenues from presently served or future developing premises, and not as compensation for the sale of its facilities, the primary electric supplier shall pay to the secondary electric supplier an amount equal to two and one-half times the total revenue from electric sales derived by the secondary electric supplier from customers within the existing municipal limits during the 12 months prior to the date notice is given by the primary electric supplier of its election to purchase the facilities. This amount shall be paid in 10 equal annual installments beginning on the date the sale of facilities is consummated.
(5) Each affected secondary electric supplier shall have the right to continue to provide service to premises located within the existing municipal limits until such time as the primary electric supplier exercises its option to purchase and until such purchase is consummated pursuant to the procedures established herein. In the event the electric facilities of the secondary electric supplier are subject to an option to purchase as provided herein, the secondary electric supplier shall have the right to continue to maintain such facilities and retail electric service until the primary electric supplier purchases the facilities of the secondary electric supplier; and in the event the primary electric supplier does not exercise the option to purchase the facilities of the secondary electric supplier as provided in this section, the secondary electric supplier shall have the right to continue to maintain its facilities and service and make extensions to serve new premises within the existing municipal limits under the standards set forth in Section 37-14-3, notwithstanding the lack of a franchise from the municipality in which such premises are located. The primary electric supplier shall be prohibited from extending service to such new or existing premises.
","history":"(Acts 1984, No. 84-206, p. 314, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36725,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35684,"codeId":3130,"versionId":2469,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-5","shortTitle":"Section 37-14-5","catchLine":"Distribution Facilities.","title":"Section 37-14-5 Distribution Facilities.","sectionRange":null,"content":"The term “distribution facilities” as used in Section 37-14-4 shall include distribution lines and other facilities constructed or installed by the electric supplier in the area to which the purchase option applies, for the rendering of retail electric service except (i) meters, (ii) distribution transformers of voltages not compatible with those of the acquiring electric supplier, (iii) substations of such a voltage that are not compatible with operations of the acquiring electric supplier, (iv) facilities for provision of service by the secondary supplier to premises the electric load of which such secondary supplier may continue to serve under Section 37-14-4(3), and (v) such facilities designated by the supplier as necessary to continue its service in an area not subject to the purchase option herein or to serve such supplier’s own load.
","history":"(Acts 1984, No. 84-206, p. 314, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36726,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35685,"codeId":3131,"versionId":2470,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-6","shortTitle":"Section 37-14-6","catchLine":"Resolution of Disputes Regarding Purchases of Facilities, Etc.","title":"Section 37-14-6 Resolution of Disputes Regarding Purchases of Facilities, Etc.","sectionRange":null,"content":"In the event that a dispute should arise between two or more electric suppliers in connection with the purchase of distribution facilities under Section 37-14-4, the primary electric supplier involved may petition the circuit court for the judicial circuit in which the distribution facilities to be purchased are located to determine such matters as are in dispute between the parties. If the purchase of distribution facilities proposed to be purchased under the notice described in Section 37-14-4(1) is not closed within six months after the date of the notice and if the primary electric supplier has not filed a petition for resolution of disputes in the appropriate court within 14 days after six months from the date of the notice, then the primary electric supplier’s exercise of the option shall be void and of no further effect and the primary electric supplier shall have no right to purchase such facilities thereafter.
If a petition is filed with the appropriate circuit court, the sale of the facilities shall be closed within 90 days from the date of the issuance of a final order of the circuit court (or from the date of the decision of an appellate court if such matter is appealed). If the closing is not completed within such 90 days due to the failure of the primary electric supplier to close for any reason, the primary electric supplier’s exercise of the option shall be void and it shall thereafter have no further right to purchase the distribution facilities covered by the notice.
","history":"(Acts 1984, No. 84-206, p. 314, §5; Acts 1984, 2nd Ex. Sess., No. 85-45, p. 68, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36727,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35686,"codeId":3135,"versionId":2473,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-7","shortTitle":"Section 37-14-7","catchLine":"Applicability of Certain Provisions of Title 37.","title":"Section 37-14-7 Applicability of Certain Provisions of Title 37.","sectionRange":null,"content":"With respect to any sale of facilities consummated pursuant to the provisions of this article, the provisions of Section 37-1-50 shall not be applicable to such sale or to the cessation by a utility of rendering service from such facilities involved in such sale. To the extent of any conflict between this article and the provisions of Section 37-4-60 through Section 37-4-65, the provisions of this article shall govern and control.
","history":"(Acts 1984, No. 84-206, p. 314, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36728,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35687,"codeId":3137,"versionId":2475,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-8","shortTitle":"Section 37-14-8","catchLine":"Exemptions.","title":"Section 37-14-8 Exemptions.","sectionRange":null,"content":"The separate agreements listed below which have heretofore been entered into between, or negotiated between retail electric suppliers, have been reviewed by the legislature, determined to be in the public interest and found not to be inconsistent with the purposes and policies set forth in this article. In areas to which these agreements are applicable, the procedures for elimination and prevention of duplication of electric distribution facilities set forth in these agreements shall govern. The following agreements are therefore mandated by the State of Alabama to be applicable:
(1) Agreement between Cherokee Electric Cooperative (successor to Cherokee County Electric Membership Corporation) and Alabama Power Company dated June 5, 1940.
(2) Agreement among the City of Bessemer, Alabama, Alabama Power Company and the Tennessee Valley Authority dated August 12, 1971.
(3) Agreement between the City of Tarrant City, Alabama and Alabama Power Company dated June 8, 1983 regarding electric service areas in and around Tarrant City, Alabama.
(4) Agreement between Alabama Power Company and Covington Electric Cooperative dated as of January 2, 1984 regarding electric service areas in Enterprise, Alabama.
(5) Agreement between Alabama Power Company and Dixie Electric Cooperative dated as of January 2, 1984 regarding electric service areas in Montgomery and Union Springs, Alabama.
(6) Agreement between Alabama Power Company and Coosa Valley Electric Cooperative dated as of January 2, 1984 regarding electric service areas in Lincoln, Alabama.
(7) Agreement between Alabama Power Company and Pea River Electric Cooperative dated January 2, 1984 regarding electric service areas in Ozark, Alabama.
(8) Agreement between Alabama Power Company and Tallapoosa River Electric Cooperative dated as of January 2, 1984 regarding electric service in areas of Randolph and Tallapoosa Counties, Alabama.
(9) Agreement among Covington Electric Cooperative, the City of Elba, Alabama and the City of Elba Water and Electric Board dated as of January 2, 1984 regarding electric service in and around Elba, Alabama.
(10) Agreement between Alabama Power Company and Southern Pine Electric Cooperative dated as of January 2, 1984 regarding electric service areas in Flomaton and Brewton, Alabama.
(11) Agreement between South Alabama Electric Cooperative, Inc. and the City of Troy, Alabama dated as of October 14, 1983 regarding electric service in areas around Troy, Alabama.
(12) Agreement between the Utilities Board of the City of Cullman and the Cullman Electric Cooperative dated November 5, 1954.
Subsequent to April 26, 1984, suppliers shall be permitted to enter into mutual agreements, approved by the respective governing bodies of all suppliers, affected by the agreement respecting the nonduplication of lines, that are consistent with the purposes and policies set forth in this article; provided, however, that no subsequent agreement shall be valid unless and until it has been reviewed and approved by the legislature and the legislature’s approval has been evidenced by an amendment to this section of the article enacted prior to July 1, 1985.
","history":"(Acts 1984, No. 84-206, p. 314, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36729,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35688,"codeId":3140,"versionId":2478,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-9","shortTitle":"Section 37-14-9","catchLine":"Action for Injunction or Damages for Violation of Article Authorized; Procedure.","title":"Section 37-14-9 Action for Injunction or Damages for Violation of Article Authorized; Procedure.","sectionRange":null,"content":"(a) If an electric supplier commences construction of facilities in violation of the provisions of this article, any aggrieved electric supplier which is designated herein as the entity to provide such service (the “aggrieved electric supplier”) may petition the circuit court for the judicial circuit in which the facilities are being constructed by the offending electric supplier for an injunction to prevent the offending electric supplier from completing the facilities for provision of the retail electric service in question.
(b) If an electric supplier believes that another electric supplier has already rendered or extended electric service at retail to a premise which was designated to be served by the aggrieved electric supplier, the aggrieved electric supplier shall give notice in writing to the offending electric supplier of the potential violation of this article. The offending electric supplier shall have 45 days to determine whether it is in violation of this article. If the offending electric supplier concludes that it is violating this article, it may cease rendering and extending electric service at retail to the premises in question at the time and upon the schedule designated in writing by the aggrieved electric supplier and the offending electric supplier shall have no liability to the aggrieved electric supplier for violation of this article. If the offending electric supplier does not cease rendering service and remove its distribution facilities within the 45-day period or within such longer period designated by the aggrieved electric supplier, the aggrieved electric supplier may file suit in the circuit court for the judicial circuit in which the rendition or extension occurs to enjoin the offending electric supplier from continuing such rendition or extension and for damages. If a violation of this article is proved, the offending electric supplier shall (1) remove its facilities constructed for the rendition of retail electric service to the premises at the time and upon the schedule designated in writing by the aggrieved electric supplier; and (2) pay to the aggrieved electric supplier 25 percent of the gross revenues derived by the offending electric supplier from the sale of electric service in violation of this article from and after the date that is 45 days after the date on which the notice of violation was given. In addition, the offending electric supplier shall reimburse the aggrieved electric supplier for all witness fees, court costs, reasonable attorneys fees and other expenses incurred in any litigation to enforce the aggrieved electric supplier’s rights under this article. If the violation is not proved, the aggrieved electric supplier shall reimburse the offending electric supplier for all witness fees, court costs, reasonable attorneys fees and other costs incurred in the litigation. All actions or proceedings for injunction or for damages shall be brought within three years after the offending electric supplier first renders or extends electric service at retail in violation of this article.
","history":"(Acts 1984, No. 84-206, p. 314, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36730,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35689,"codeId":3143,"versionId":2481,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-10","shortTitle":"Section 37-14-10","catchLine":"Authorization for Validation, Etc., of Provisions of Article; Procedure.","title":"Section 37-14-10 Authorization for Validation, Etc., of Provisions of Article; Procedure.","sectionRange":null,"content":"In order to foster and encourage the underlying policies of this article and to assure that sales and purchases of distribution facilities, and other transactions and actions authorized or allowed by this article may be conducted in good faith with a knowledge of the consequence and the validity thereof and further, to assure that irrevocable commitments are not made in the implementation of the provisions of this article without the assurance of their legality and validity, the following judicial review process is hereby authorized and it is declared to be the legislative intent that the provisions of this statute be judicially reviewed and validated pursuant to the procedure set forth herein and that the circuit court enter a judgment in accordance with the procedure set forth herein.
","history":"(Acts 1984, No. 84-206, p. 314, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36731,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35690,"codeId":3147,"versionId":2484,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-11","shortTitle":"Section 37-14-11","catchLine":"Judicial Determination of Legality, Etc., of Article - Filing of Complaint.","title":"Section 37-14-11 Judicial Determination of Legality, Etc., of Article - Filing of Complaint.","sectionRange":null,"content":"At any time subsequent to April 26, 1984, an affected secondary electric supplier whose distribution facilities are subject to the provisions of this article and whose facilities may be purchased pursuant to this article by a primary electric supplier may, in its discretion before the closing of such purchase, seek judicial determination of the legality and validity of such purchase of facilities pursuant to the provisions of this article, and all other questions of the legality or validity of the provisions of this article. Such judicial determination shall be had upon the filing of a complaint against the citizens of the State of Alabama and against the affected primary electric supplier. Such complaint shall be filed in the circuit court of Montgomery County, Alabama which shall have exclusive venue for the determination of all questions of the legality and validity of the provisions of this article. The filing of any such complaint shall stay the dates established for the closing of all sales of facilities pursuant to the provisions of this article until, with respect to each situation in which intent to exercise the option to purchase has been announced, a date is established by the mutual agreement of the affected primary and secondary electric supplier, which date shall not be in excess of 90 days after the final resolution of the action to determine the legality and validity of the proposed transaction as well as the legality and validity of this article, including any appeal therefrom.
","history":"(Acts 1984, No. 84-206, p. 314, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36732,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35691,"codeId":3150,"versionId":2487,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-12","shortTitle":"Section 37-14-12","catchLine":"Judicial Determination of Legality, Etc., of Article - Contents of Complaint; Order and Notice of Hearing to Show Cause; Intervention.","title":"Section 37-14-12 Judicial Determination of Legality, Etc., of Article - Contents of Complaint; Order and Notice of Hearing to Show Cause; Intervention.","sectionRange":null,"content":"(a) The complaint by appropriate allegations, references and/or exhibits shall briefly state the following: the authority for the purchase and sale of distribution facilities and other transactions and restrictions under this article; the nature of any franchise heretofore issued by a municipality which will be affected; a general description of restrictions imposed by this article; the proposed date when the purchase and sale or other transaction is to be effective, and the impact which such restrictions and sale shall have on the parties and the public.
(b) The judge of said court shall, upon the filing and presentation of said complaint, issue an order against the citizens of the state, and other defendants requiring them to show cause, at a time and place to be designated in said order, which time shall be not less than 35 days nor more than 56 days after the issuance of such order, and which place shall be within Montgomery County, why said purchase and sales and the other transactions and restrictions and all other proceedings under this article should not be validated and confirmed.
(c) The Attorney General of the State of Alabama shall be the designated representative of the citizens of the State of Alabama and shall appear on their behalf for all purposes in any proceeding brought pursuant to this section.
(d) Prior to the hearing of said cause, the clerk of said court shall publish, in a newspaper of general circulation published in Montgomery County, once each week for at least three weeks before the hearing, the first publication which would be at least 21 days before such hearing, a notice addressed to the citizens of the State of Alabama requiring them, at the time and place specified in the order providing for the hearing of such case, to show cause, if any there be, why said purchase and sale or other transaction and restriction that may be referred to in the complaint should not be validated and confirmed. In addition, the clerk of said court shall also publish notice to the citizens of the state in newspapers of general circulation customarily published not less often than five days during each calendar week in the Cities of Andalusia, Birmingham, Dothan, Florence, Gadsden, Huntsville, Mobile, Selma and Tuscaloosa. By the publication of such notice, all citizens of the state shall become parties defendant to such proceedings, and the court shall have jurisdiction of them the same as if each of them were named individually as party defendants in said complaint and personally served with process.
(e) In addition to the publication and notice set forth in subsection (d) of this section, the clerk of the Circuit Court in Montgomery County shall also cause a summons and complaint to be served upon the Attorney General of the State of Alabama as representative of all citizens of the State of Alabama and upon all other parties named as defendants in the action.
(f) The plaintiff shall certify to the court, in writing, with an attached list, that it has mailed a copy, by certified mail, return receipt requested, of the complaint filed in the action to each other electric supplier in the state, as defined in this article. Said notice to said electric suppliers shall inform them of the time and place of the hearing and shall contain a copy of the complaint filed herein. The notice required by this paragraph shall be mailed not less than 21 days prior to the date set for the hearing.
(g) Each electric supplier which receives notice pursuant to the provisions set forth in subsection (f) above, or which receives notice in any manner whatsoever of this action, may petition the court, as a matter of right, to intervene in said action and to participate in the hearing provided for in subsection (f) above.
(h) The failure of any electric supplier, municipality and/or governmental unit to exercise the right to intervene and participate in the hearing shall be deemed a waiver of any right such electric supplier, municipality or governmental unit may have to participate and to challenge, contest or otherwise question the validity of any purchase, sale and/or transaction made or proposed to be made pursuant to this article or to challenge the validity of any of the provisions of this article.
","history":"(Acts 1984, No. 84-206, p. 314, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36733,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35692,"codeId":3151,"versionId":2488,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-13","shortTitle":"Section 37-14-13","catchLine":"Judicial Determination of Legality, Etc., of Article - Hearing; Entry of Judgment; Appeals.","title":"Section 37-14-13 Judicial Determination of Legality, Etc., of Article - Hearing; Entry of Judgment; Appeals.","sectionRange":null,"content":"At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said civil action, and he shall make such order, or orders, as to the proceedings in said civil action as will best preserve and protect the interests of all parties and to enable him to enter a final judgment with the least possible delay. The final judgment shall find the facts specially and shall state separately the judge’s conclusions with regard to any and all legal issues raised with regard to any of the provisions of this article and proposed purchase and sale of distribution facilities and other transactions and restrictions under this article, together with other matters raised in the complaint, and shall state the judge’s conclusions of law thereon. Any citizen of the state may appear in such proceedings, either personally or by attorney, and any party thereto, whether plaintiff, defendant or intervenor, dissatisfied with the judgment of the court may appeal therefrom to the Supreme Court of Alabama in accordance with the Alabama Rules of Appellate Procedure. Such appeal shall take priority in the supreme court over all other cases therein pending, except petitions for writs of habeas corpus.
","history":"(Acts 1984, No. 84-206, p. 314, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36734,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35693,"codeId":3155,"versionId":2492,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-14","shortTitle":"Section 37-14-14","catchLine":"Judicial Determination of Legality, Etc., of Article - Finality of Judgment.","title":"Section 37-14-14 Judicial Determination of Legality, Etc., of Article - Finality of Judgment.","sectionRange":null,"content":"If the circuit court shall enter a judgment validating and confirming the propriety of the provisions of this article and purchases and sales, other transactions and restrictions under this article and no appeal shall be taken within the time prescribed within the Alabama Rules of Appellate Procedure; or, if an appeal is taken and the judgment validating the provisions of this article and such purchases and sales, other transactions and restrictions shall be affirmed by the supreme court; or, if the circuit court shall render a judgment refusing to validate and confirm the provisions of this article and/or the purchase and sale, other transactions or restrictions pursuant to this article, and on appeal such judgment shall be reversed by the supreme court (in which case the supreme court shall issue its mandate to the circuit court requiring it to enter a judgment validating the provisions of this article and confirming the proposed purchase, sale, or other transactions or restrictions), the judgment of the circuit court validating and confirming the provisions of this article and the purchase and sale, other transactions and restrictions, shall be forever conclusive as to the validity of the provisions of this article, and shall be conclusive as to the validity of any purchase and sale, other transactions or restrictions or extension of electric service rendered pursuant to this article as against all citizens of the state, electric suppliers and municipalities and other governmental units.
","history":"(Acts 1984, No. 84-206, p. 314, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36735,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35694,"codeId":3159,"versionId":2495,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-15","shortTitle":"Section 37-14-15","catchLine":"Judicial Determination of Legality, Etc., of Article - Costs of Proceedings.","title":"Section 37-14-15 Judicial Determination of Legality, Etc., of Article - Costs of Proceedings.","sectionRange":null,"content":"The court costs in any proceeding brought under this article shall be paid by the electric supplier commencing the action.
","history":"(Acts 1984, No. 84-206, p. 314, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36736,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35695,"codeId":3161,"versionId":2497,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-16","shortTitle":"Section 37-14-16","catchLine":"Applicability of Article.","title":"Section 37-14-16 Applicability of Article.","sectionRange":null,"content":"No action shall be commenced challenging the legality or validity of the provisions of this article, or the legality or validity of a purchase and sale transaction or restriction under this article where the legality or validity of this article is in controversy in any prior pending civil action or proceeding in any court or has been determined in any such action. In the event any action is pending in any circuit in the state which raises or challenges the legality or validity of any provision of this article at the time an action is filed under this section, such pending action shall be transferred to the Circuit Court of Montgomery County and shall be consolidated with the action filed pursuant to this section and the consolidated proceeding shall be adjudicated in accordance with the procedures set forth in this article.
","history":"(Acts 1984, No. 84-206, p. 314, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36737,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35696,"codeId":3164,"versionId":2500,"parentId":3116,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-17","shortTitle":"Section 37-14-17","catchLine":"Severability.","title":"Section 37-14-17 Severability.","sectionRange":null,"content":"The provisions of this article are not severable. If any part of this article is declared invalid under the constitution or laws of this state, such declaration shall render invalid all parts which remain. Notwithstanding such invalidity, action taken by any party in conformity with the provisions of this article shall be considered lawful actions by such party; provided, however, any electric service rendered which would have been illegal or unlawful or violative of any contractual provision absent this article shall be terminated and the facilities shall be removed following any determination of the invalidity of this article.
","history":"(Acts 1984, No. 84-206, p. 314, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36738,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35697,"codeId":3170,"versionId":null,"parentId":3115,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"1985 Act.","title":"Article 2 1985 Act.","sectionRange":"§37-14-30 to §37-14-40","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36739,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35698,"codeId":3173,"versionId":2507,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-30","shortTitle":"Section 37-14-30","catchLine":"Declaration of Findings and Policy; Relationship to 1984 Act.","title":"Section 37-14-30 Declaration of Findings and Policy; Relationship to 1984 Act.","sectionRange":null,"content":"The Legislature of the State of Alabama has investigated the economic, financial and environmental impact associated with the potential for duplication of electric distribution facilities used for the furnishing of retail electric service. It has been determined that with respect to retail electric sales, the benefit normally associated with competition between two or more entities for customers is outweighed by the tremendous cost burden which must be borne by such customers associated with the maintenance of two or more duplicate sets of facilities. It is the further finding of the legislature that the existence of duplicate facilities for the furnishing of electricity at retail is not in the public interest because of the adverse impact which such duplication has on environmental and aesthetic values and on safety. It is therefore declared that the policy of the State of Alabama is to ensure effective, economical and orderly supply of electric service at retail to customers in the state and to avoid unnecessary duplication of facilities by electric suppliers for the furnishing of such services which would result in waste and in degradation of the environment. To accomplish these objectives, it is necessary and in the public interest to establish, mandate and implement procedures for determining which electric supplier shall furnish electric service to customers at retail within various areas of the state including areas within the corporate limits of municipalities in the state. The rules established herein for elimination of duplication of electric facilities may result in the requirement that a municipality grant consent to service by a particular electric supplier if the municipality desires that such area be supplied with electric service. Such rules are deemed essential by the legislature in the exercise of police power of the state to eliminate wasteful duplication of electric facilities. Contracts entered into by municipalities for the purpose of securing loans pursuant to Section 11-50-11, or pursuant to any other provision of law, which restrict the grant by the municipality of a municipal franchise or consent shall not be interpreted as applying to any area of the municipality other than the areas of the city in which the municipal electric system was located on May 20, 1985. The determinations and statements of policy set forth above are similar to those contained in Act No. 84-206 of the Alabama Legislature, regular session, 1984. Act No. 84-206 was declared invalid by the Federal District Court for the Middle District of Alabama. It is the conclusion of the legislature that such determination was improper and should be reversed, leaving valid Act No. 84-206. In the event Act No. 84-206 is hereafter declared to be valid on appeal of the decision of the federal district court, it is the intent of the legislature that Act No. 84-206 not be repealed by this article but shall be considered valid and binding in lieu of the provisions of this article. It is the intent of the legislature that this article establish rules for elimination of duplication of facilities which shall apply to lines constructed after January 1, 1984. It has been determined that no electric supplier should be permitted to retain facilities built inconsistent with the provisions of Act No. 84-206, even though, if Act No. 84-206 is not reinstated, such construction was not prohibited by law. It has been determined further that compensation for facilities should be made in accordance with the provisions of subdivision (6) of Section 37-14-32.
","history":"(Acts 1985, No. 85-645, p. 983, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36740,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35699,"codeId":3176,"versionId":2511,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-31","shortTitle":"Section 37-14-31","catchLine":"Definitions.","title":"Section 37-14-31 Definitions.","sectionRange":null,"content":"As used in this article the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise;
(1) ELECTRIC SUPPLIER. Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, firm, association or other entity engaged in the business of supplying electric service at retail; provided, however, that no person or entity, including the Tennessee Valley Authority, who may not be lawfully regulated by the state by virtue of powers granted by the laws of the United States which prevail over Alabama statutes, nor any university, college or United States agency which distributes electricity at retail shall be deemed an electric supplier for the purpose of this article.
(2) ELECTRIC SERVICE AT RETAIL and RETAIL ELECTRIC SERVICE. Electric service furnished to a customer for ultimate consumption, but does not include wholesale electric service furnished by an electric supplier to another electric supplier for resale.
(3) PREMISES. The building, structure or facility to which electricity is being metered or is to be furnished and metered, including all meters on such building, structure or facility through which electricity is delivered or to be delivered. Such term shall also include any building, structure or facility which is reconstructed to replace a previously existing building, structure or facility of substantially the same size. In the event two or more buildings, structures, or facilities are located on one tract of land utilized by one customer, those buildings, structures, or facilities which are or will be served through a different meter shall be considered a separate premises
(4) DISTRIBUTION LINE. An electric conductor which is operated at 35,000 volts or less, up to but not including the service drop. The service drop shall be that line from the last pole or last transformer on the distribution system to the premises.
(5) EXISTING DISTRIBUTION LINE. A distribution line in existence on January 1, 1984.
(6) PRIMARY ELECTRIC SUPPLIER. That electric supplier for each municipality existing on January 1, 1984 serving a plurality of the premises within the existing municipal limits to which service is actually being supplied and metered on January 1, 1984.
(7) SECONDARY ELECTRIC SUPPLIER. Any electric supplier serving within existing municipal limits which is not the primary electric supplier.
(8) EXISTING MUNICIPAL LIMITS. The corporate boundaries of any municipality as such boundaries existed on April 26, 1984.
(9) MUNICIPAL CONSENT or CONSENT OF THE MUNICIPALITY. The approval by a city or town pursuant to Section 220 of the Alabama Constitution of the use of the streets, avenues, alleys or public places of the city or town evidenced by appropriate action of the proper authorities of the city or town.
(10) REPRODUCTION COST NEW LESS DEPRECIATION. The total investment that would be required by the electric supplier selling the facilities to duplicate the facilities to be sold at the time of such sale utilizing then current costs for all materials, supplies, labor, land and land rights, transportation, and miscellaneous direct and indirect expenses (including overhead, engineering and supervision costs that are normally capitalized) that would be required; the costs that would be required to obtain all necessary approvals and permits; and any other costs that would be appropriately applicable to the reproduction of the facilities, less an amount representing the straight line depreciation of such reproduction costs of any depreciable items over an assumed life of 30 years for electric distribution facilities for that period of time equal to the age of the items of the electric distribution facilities being transferred. In no event, however, shall any item be depreciated more than 30 percent of the reproduction costs new of that item, so that in no event shall reproduction cost new less depreciation be less than 70 percent of the reproduction cost of such item.
(11) INDUSTRIAL CUSTOMER. A customer utilizing electric service at a premises at which the predominate activity is classified as mining, manufacturing, transportation, communication, electric, gas and sanitary services, or miscellaneous repair services in the Standard Industrial Classification Manual, Part I, Divisions B, D and E and Major Group 76 of Division I as published in 1972 by the statistical policy division of the United States Office of Management and Budget.
(12) NEW INDUSTRIAL CUSTOMER. An industrial customer who constructs a new premises on a site not previously occupied by an industrial customer.
","history":"(Acts 1985, No. 85-645, p. 983, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36741,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35700,"codeId":3179,"versionId":2514,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-32","shortTitle":"Section 37-14-32","catchLine":"Electric Service Outside Existing Municipal Limits.","title":"Section 37-14-32 Electric Service Outside Existing Municipal Limits.","sectionRange":null,"content":"Except as otherwise provided in subdivisions (2), (3), (4) and (6) but notwithstanding any other provision of this article, in areas outside existing municipal limits (including areas annexed to municipalities on or after April 26, 1984), no electric supplier shall construct or maintain electric distribution lines for the provision of retail electric service to any premises being provided retail electric service by another electric supplier, or to any new premises located within the boundaries of assigned service areas of another electric supplier. Assigned service areas outside existing municipal limits are hereby established as set forth in this section.
(1) Except as specified in subdivisions (2) and (3) herein, each electric supplier is hereby granted a legislative franchise and assigned the sole obligation, in areas outside existing municipal limits and within existing municipal limits to the extent the standards of this section are made applicable by subdivision (a)(5) of Section 37-14-33, for provision of retail electric service to all new premises located in closer proximity to existing distribution lines of such supplier than the nearest existing distribution lines of any other electric supplier (including areas annexed to municipalities on or after April 26, 1984 whether or not a municipal franchise has been granted to the electric supplier to whom an area annexed has been assigned or to any other electric supplier) such legislative franchise being subject, nevertheless, to consent of the municipality with respect to any construction or operation for which a municipal consent is required. Electric service shall be rendered by the electric supplier to whom responsibility has been assigned in accordance with its established rules and regulations. No other electric supplier shall render electric service to such premises. Thus, the assigned service area of each electric supplier in areas outside existing municipal limits is defined as the area or areas consisting of a line or lines drawn equidistant between the existing distribution lines of such electric supplier and the nearest existing distribution line of any other electric supplier. Where a premises is located in the assigned service area of two electric suppliers, the supplier in whose assigned area the majority of the square footage of the premises falls shall provide the service. The above prohibitions and assignments shall also apply to areas within the existing municipal limits in the event the primary electric supplier fails to exercise the option to purchase set forth in Section 37-14-33 subject, nevertheless, to the consent of the municipality with respect to any construction or operation for which a municipal consent is required.
(2) Notwithstanding the above limitations stated in this section on construction of facilities to serve customers in areas outside existing municipal limits, an electric supplier may construct, operate and maintain facilities for provision of retail electric service to any new industrial customer not presently or previously served by another electric supplier, in an area outside existing municipal limits where the initial electric service requirement to such industrial customer, under normal operations and with a six month growth period permitted from date of initial service, is equal to or greater than 2500 kilowatts as measured over a 15 minute integrated period, upon written request to such electric supplier by the industrial customer to be served.
(3) Notwithstanding subdivision (2) hereof, no municipality or municipally-owned electric supplier shall provide retail electric service in any area outside existing municipal limits unless the premises to be so served is in the assigned service area of such electric supplier.
(4) The foregoing limitations shall not prevent an electric supplier from constructing electric facilities to serve its own premises used or to be used in its electric operations and other premises owned and occupied solely and exclusively by the electric supplier, or a municipality which appoints the governing body of such electric supplier or any agency of said municipality whose governing body is appointed by that municipality.
(5) Within nine months after May 20, 1985, all electric suppliers having existing distribution lines in each county in the state shall exchange maps of such facilities (as of January 1, 1984) located within the county. These maps shall be sufficiently detailed to permit the development of a definitive understanding of the electric supplier designated to serve under the guidelines set forth in subdivision (1) above. The legislature recognizes that the vast majority of existing distribution lines within existing municipal limits will have no effect on the assigned service areas determined in accordance with this section and electric suppliers may, at their option, elect not to show existing distribution lines which do not affect the assigned service areas.
(6) In the event an electric supplier has constructed, after January 1, 1984 and prior to May 20, 1985, electric distribution facilities to provide electric service at retail to a premises located in the assigned service area of another electric supplier, the electric supplier in whose assigned service area the facilities are located shall, at its option, have the right to acquire such facilities. Such option shall be exercised in the same manner, at the same time, and shall be subject to the same compensation provisions, specified in Section 37-14-33; provided, however, no escrow of funds shall be required in connection with such purchase. If the electric supplier in whose area the electric distribution facilities are located fails to exercise its option to acquire such facilities, the owner of such facilities shall be authorized to maintain such facilities to provide service to premises being served as of May 20, 1985; but shall not extend service from such facilities to new premises in violation of the principles set forth in this section.
(7) Neither (i) municipal annexations after April 26, 1984, nor (ii) the construction or removal of any facilities after January 1, 1984, nor (iii) the purchase or sale of any facilities after May 20, 1985, consummated under the provisions of this article shall affect any rights or limitations regarding retail electric service under this section. Any annexation by a municipality pursuant to the laws of this state shall be subject to and conditioned upon recognition of the provisions of this article.
","history":"(Acts 1985, No. 85-645, p. 983, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36742,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35701,"codeId":3182,"versionId":2517,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-33","shortTitle":"Section 37-14-33","catchLine":"Retail Electric Service Within Municipalities.","title":"Section 37-14-33 Retail Electric Service Within Municipalities.","sectionRange":null,"content":"(a) Primary supplier’s option to acquire facilities within existing municipal limits. - The primary electric supplier within each municipality shall, at its option, have the right to acquire all distribution facilities of any secondary electric supplier used to supply retail electric service within the existing municipal limits and shall have the right to serve all premises within the existing municipal limits of such municipality subject to the provisions of subdivisions (a)(1) through (a)(5). Except as authorized in this section, no secondary electric supplier shall extend facilities to serve existing or new premises within the existing municipal limits of the municipality.
(1) The primary electric supplier must announce its intention to exercise its option to acquire the distribution facilities of secondary electric suppliers by giving written notice by registered or certified mail to the affected secondary suppliers within each municipality, addressed to the chief executive officer or manager of such secondary supplier, no later than 30 days after May 20, 1985. This notice shall be referred to in this article as the “initial notice of intent to purchase.” Within nine months after May 20, 1985, the primary electric supplier shall deposit in escrow with a bank whose principal office is in Alabama and which has capital and surplus not less than $5,000,000.00, or with any other escrow agent agreeable to the parties, the amount of $1,000.00 for each premises receiving electricity from the distribution facilities proposed to be purchased by the primary electric supplier on the date of the escrow notice defined below, based on the primary electric supplier’s good faith estimate of the number of premises involved. Simultaneously with such deposit, the primary electric supplier shall give notice by registered or certified mail to the affected secondary supplier of the amount and date of the deposit. This notice shall be referred to in this article as the “escrow notice.” Failure to make the escrow deposit within nine months after May 20, 1985, shall constitute a forfeiture of the option granted to the primary supplier hereunder, but such failure to make such escrow deposit shall not create any liability of the primary supplier to the secondary supplier. In such event, provision of electric service shall be governed by the rules set forth in subdivision (a)(5). The secondary supplier shall, within seven days after receipt of the escrow notice, provide the actual number of premises involved, if different from that estimated by the primary supplier, and the escrow deposit made by the primary supplier shall be adjusted to accommodate any difference within seven days after such actual number of premises is supplied. The escrow agent shall be directed and authorized to invest the funds placed in escrow by the primary electric supplier in any investment directed by the primary electric supplier. The escrow agent is further authorized, upon election of the primary electric supplier making the deposit, to combine for investment any other deposit made by that depositor for the same purpose with respect to different facilities. The escrow agent shall render periodic accountings as to the escrow account to the primary electric supplier and the secondary electric supplier. If the purchase is consummated in accordance with this article, the funds shall be used to satisfy the purchase price of the facilities and other consideration to be paid by the primary electric supplier to the secondary electric supplier due as of the date of closing as determined under this section. Any portion of such fund in excess of the amount due to be paid to the secondary electric supplier on the date of closing shall be refunded to the primary electric supplier. If the amount due to be paid by the primary electric supplier to the secondary electric supplier under this section on the date of closing is in excess of the amount in the escrow account, the primary electric supplier shall pay the difference to the secondary electric supplier at closing. If the closing of the facilities is not consummated because of the failure of the primary electric supplier to pursue its option under this article to purchase the distribution facilities, the escrow agent shall be instructed to deliver from the escrow fund to the secondary electric supplier, 14 days after the date on which the primary electric supplier’s rights to purchase the facilities expire unconsummated, the interest earned on the amount deposited from investment of such funds plus 10 percent of the amount originally deposited by the primary electric supplier. The balance of such escrow funds shall be returned to the primary electric supplier making the deposit.
(2) Unless otherwise agreed to by the secondary electric supplier and except as provided in subdivision (a)(3), the primary electric supplier must offer to purchase all of the distribution facilities of the secondary electric supplier utilized by the secondary electric supplier for retail electric service within the existing municipal limits of any particular municipality. The primary and secondary electric supplier shall cooperate in the development of an inventory of such facilities and in the valuation of the facilities to be sold and other consideration to be paid in accordance with the principles set forth in subdivision (a)(4) below. The secondary electric supplier shall also furnish to the primary electric supplier an accurate record of the revenues billed to customers of the secondary electric supplier located within the existing municipal limits of the municipality for the 12 months preceding the date of the escrow notice from the primary electric supplier of its exercise of the option to purchase facilities. The secondary electric supplier shall also provide the primary electric supplier with such information as is available to the secondary electric supplier concerning title to the distribution facilities. Within three months after the escrow notice has been given to the secondary electric supplier, if agreement has not been reached as to the inventory of facilities to be acquired and the value thereof or other consideration to be paid, the primary electric supplier shall be entitled to provide, in writing, its proposal listing the distribution facilities to be acquired, stating its estimate of the value and listing its evaluation of other consideration to be paid in accordance with subdivision (a)(4) hereof. Within 30 days after receipt of any such proposal, the secondary electric supplier shall state its objections, if any, to the matters contained in such proposal. If the secondary electric supplier fails to submit objections within such 30 day period, the proposal submitted by the primary electric supplier shall be conclusive as to the matters contained therein. If the secondary electric supplier does provide written objections, any dispute between the parties shall be resolved by mutual agreement or by the procedure set forth in Section 37-14-34.
(3) Each affected secondary supplier shall have the right to continue to provide retail electric service in accordance with its established rules and regulations, without time limitation, to any premises within the existing municipal limits of any municipality, the electric load of which a. was 800 kilowatts or greater for three consecutive months during the three years prior to January 1, 1984; or b. is served from a substation or step-down transformer from 44 kilovolts or higher which is devoted exclusively to service to the particular premises.
(4) The reproduction cost new, less depreciation, of the facilities to be acquired shall be determined as of 30 days prior to the date established for the closing of the acquisition. The facilities transferred shall be conveyed by warranty deed, “as is, where is”, without warranty, express or implied, as to the condition of the facilities. In addition to such reproduction costs, the primary electric supplier shall
a. Reimburse the secondary electric supplier the costs to the secondary electric supplier for removal of its meters which are excluded from the definition of distribution facilities in item (1) of subsection (b);
b. Reimburse the secondary electric supplier the cost of constructing any necessary facilities to reintegrate the system of the secondary electric supplier after detaching the portion to be sold to the primary electric supplier such that the reintegrated system and supply of power and energy thereto in those areas that will continue to be served by the secondary electric supplier will be as adequate and dependable as exists prior to the sale; such reimbursement to include the cost of removal and to be reduced by the salvage value of any facilities removed by the secondary electric supplier;
c. Reimburse the secondary electric supplier its original cost depreciated for facilities of the secondary electric supplier excluded from the definition of distribution facilities under item (2) of subsection (b) in which case the primary electric supplier shall take title to such facilities or, at the option of the secondary electric supplier, reimburse the secondary electric supplier the cost of removal, in which case the secondary electric supplier shall retain title; and
d. Pay to any wholesale supplier of the secondary electric supplier (or if the secondary electric supplier does not purchase its electric supply at wholesale then to the secondary electric supplier) the original cost depreciated of any facilities other than distribution facilities, as described in item (3) of subsection (b), rendered useless by such acquisition of the distribution system of the secondary electric supplier; provided, however, at the election of the owner of such facilities, the payment to be made shall be the cost to such owner of relocating such facilities.
The primary electric supplier shall pay the secondary electric supplier the amount determined pursuant to this article for reproduction cost new less depreciation of the distribution facilities together with the amount due under paragraphs a, b, c, and d of this subdivision immediately upon transfer of title to the facilities. In addition, to compensate the secondary electric supplier for the loss of future revenues from presently served or future developing premises, and not as compensation for the sale of its facilities, the primary electric supplier shall pay to the secondary electric supplier an amount equal to two and one-half times the total revenue from electric sales derived by the secondary electric supplier from customers within the existing municipal limits during the 12 months prior to the date escrow notice is given by the primary electric supplier of its election to purchase the facilities. This amount shall be paid in 10 equal annual installments beginning on the date the sale of facilities is consummated.
(5) Each affected secondary electric supplier shall have the right to continue to provide service to premises located within the existing municipal limits until such time as the primary electric supplier exercises its option to purchase and until such purchase is consummated pursuant to the procedures established herein. In the event the electric facilities of the secondary electric supplier are subject to an option to purchase as provided herein, the secondary electric supplier shall have the right to continue to maintain such facilities and retail electric service until the primary electric supplier purchases the facilities of the secondary electric supplier. Until the purchase of the facilities of the secondary supplier is consummated, the secondary supplier shall also have the right, subject to consent of the municipality with respect to any construction or operation for which a municipal consent is required, to provide service to any new premises located closer to the existing distribution lines of the secondary electric supplier than to those of the primary electric supplier or any other electric supplier except for new industrial customers having a size equivalent to that specified in subdivision (2) of Section 37-14-32, if such new industrial customer has requested service from the primary electric supplier. The compensation required for the purchase of the secondary electric supplier’s facilities, by the primary electric supplier of facilities built by the secondary electric supplier pursuant to the previous sentence shall be limited to the reproduction costs new, less depreciation, of facilities constructed to serve such new premises and the primary electric supplier shall not be required to pay any of the other costs specified in subdivision (a)(4). In the event the primary electric supplier does not exercise the option to purchase the facilities of the secondary electric supplier as provided in this section, the primary electric supplier and any other electric supplier shall be prohibited from extending its facilities for service to existing premises being served by the secondary electric supplier or to new premises located closer to the existing distribution lines of the secondary electric supplier than to the existing distribution lines of the primary electric supplier or any other electric supplier under the standards set forth in Section 37-14-32. The secondary electric supplier shall have the right to continue to maintain its facilities and service and make extensions to serve new premises within the existing municipal limits under the standards set forth in Section 37-14-32, notwithstanding the lack of a municipal franchise from the municipality in which such premises are located, subject, nevertheless, to consent of the municipality for construction or use of the streets, avenues, alleys, or public ways of the municipality to the extent such consent is required.
(b) Distribution facilities to be purchased. - The term “distribution facilities” as used in subsection (a) shall include distribution lines and other facilities constructed or installed by the electric supplier in the area to which the purchase option applies, for the rendering of retail electric service except (1) meters, (2) distribution transformers of voltages not compatible with those of the acquiring electric supplier, (3) substations of such a voltage that are not compatible with operations of the acquiring electric supplier, (4) facilities for provision of service by the secondary supplier to premises the electric load of which such secondary supplier may continue to serve under subdivision (a)(3), and (5) such facilities designated by the supplier as necessary to continue its service in an area not subject to the purchase option herein or to serve such supplier’s own load.
","history":"(Acts 1985, No. 85-645, p. 983, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36743,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35702,"codeId":3184,"versionId":2519,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-34","shortTitle":"Section 37-14-34","catchLine":"Resolution of Disputes as to Sales or Purchases of Facilities.","title":"Section 37-14-34 Resolution of Disputes as to Sales or Purchases of Facilities.","sectionRange":null,"content":"In the event that a dispute should arise between two or more electric suppliers in connection with the purchase of distribution facilities under Section 37-14-32 or Section 37-14-33, the primary electric supplier involved may petition the circuit court for the judicial circuit in which the distribution facilities to be purchased are located to determine such matters as are in dispute between the parties. If the purchase of distribution facilities proposed to be purchased under the escrow notice described in subdivision (a)(1) of Section 37-14-33 is not closed within six months after the date of the escrow notice and if the primary electric supplier has not filed a petition for resolution of disputes in the appropriate court within 14 days after six months from the date of the escrow notice, then the primary electric supplier’s exercise of the option shall be void and of no further effect and the primary electric supplier shall have no right to purchase such facilities thereafter.
If a petition is filed with the appropriate circuit court, the sale of the facilities shall be closed within 90 days from the date of the issuance of a final order of the circuit court (or from the date of the decision of an appellate court if such matter is appealed). If the closing is not completed within such 90 days due to the failure of the primary electric supplier to close for any reason, the primary electric supplier’s exercise of the option shall be void and it shall thereafter have no further right to purchase the distribution facilities covered by the escrow notice.
","history":"(Acts 1985, No. 85-645, p. 983, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36744,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35703,"codeId":3186,"versionId":2521,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-35","shortTitle":"Section 37-14-35","catchLine":"Applicability of Certain Provisions of Title 37.","title":"Section 37-14-35 Applicability of Certain Provisions of Title 37.","sectionRange":null,"content":"With respect to any sale of facilities consummated pursuant to the provisions of this article, the provisions of Section 37-1-50 shall not be applicable to such sale or to the cessation by a utility of rendering service from such facilities involved in such sale. To the extent of any conflict between this article and the provisions of Section 37-4-60 through Section 37-4-65, the provisions of this article shall govern and control.
","history":"(Acts 1985, No. 85-645, p. 983, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36745,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35704,"codeId":3188,"versionId":2523,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-36","shortTitle":"Section 37-14-36","catchLine":"Special Rules for Elimination of Duplication.","title":"Section 37-14-36 Special Rules for Elimination of Duplication.","sectionRange":null,"content":"The separate agreements listed below which have heretofore been entered into between, or negotiated between retail electric suppliers, have been reviewed by the legislature, determined to be in the public interest and found not to be inconsistent with the purposes and policies set forth in this article. In areas to which these agreements are applicable, the procedures for elimination and prevention of duplication of electric distribution facilities set forth in these agreements shall govern. The following agreements are therefore mandated by the State of Alabama to be applicable:
(1) Agreement between Cherokee Electric Cooperative (successor to Cherokee County Electric Membership Corporation) and Alabama Power Company dated June 5, 1940.
(2) Agreement among the City of Bessemer, Alabama, Alabama Power Company and the Tennessee Valley Authority dated August 12, 1971.
(3) Agreement between the City of Tarrant City, Alabama and Alabama Power Company dated June 8, 1983 regarding electric service areas in and around Tarrant City, Alabama.
(4) Agreement between Alabama Power Company and Covington Electric Cooperative dated as of January 18, 1985 regarding electric service areas in Enterprise, Alabama.
(5) Agreement between Alabama Power Company and Dixie Electric Cooperative dated as of January 2, 1985 regarding electric service areas in Montgomery and Union Springs, Alabama.
(6) Agreement between Alabama Power Company and Pea River Electric Cooperative dated January 18, 1985 regarding electric service areas in Ozark, Alabama.
(7) Agreement between Alabama Power Company and Tallapoosa River Electric Cooperative dated as of January 18, 1985 regarding electric service in areas of Randolph and Tallapoosa Counties, Alabama.
(8) Agreement among Covington Electric Cooperative, the City of Elba, Alabama and the City of Elba Water and Electric Board dated as of January 29, 1985 regarding electric service in and around Elba, Alabama.
(9) Agreement between Alabama Power Company and Southern Pine Electric Cooperative dated as of January 18, 1985 regarding electric service areas in Flomaton and Brewton, Alabama.
(10) Agreement between South Alabama Electric Cooperative, Inc. and the City of Troy, Alabama dated as of October 14, 1983 and January 31, 1984 regarding electric service in areas around Troy, Alabama, and the sale of distribution facilities.
(11) Agreement between Alabama Power Company and Cullman County Electric Cooperative, Inc. dated as of January 2, 1985 regarding electric service areas in Cullman and Winston counties, Alabama.
(12) Agreement between South Alabama Electric Cooperative, Inc. and the City of Brundidge dated April 11, 1984 regarding electric service in and around the City of Brundidge, Alabama.
(13) Agreement between Southern Pine Electric Cooperative, Inc. and the City of Evergreen, Alabama as such agreement is reflected in the resolution of the city council of the City of Evergreen dated June 6, 1967 relating to electric service in the City of Evergreen.
(14) Agreements between Covington Electric Cooperative and the City of Andalusia reflected in and reaffirmed by the resolution of the City of Andalusia dated January 29, 1985.
(15) Agreement between the utilities board of the City of Cullman and the Cullman Electric Cooperative dated November 5, 1954.
If any agreement specified above is hereafter terminated pursuant to provisions of such agreement authorizing such termination, the rules contained in such agreement shall not, thereafter, be binding for the prevention of duplication of electric facilities from and after the date of termination. After such date, the rules established in Sections 37-14-32 and 37-14-33 hereof shall govern; provided, however, in the event the agreement related to service inside a municipality, the right of the primary electric supplier to exercise an option to purchase facilities under Section 37-14-33 shall be governed by the time limits established in Section 37-14-33.
Nothing in this article shall apply to affect valid regulations or contracts of the Tennessee Valley Authority or other suppliers of electricity who may not be lawfully regulated by the state. Subsequent to May 20, 1985, suppliers shall be permitted to enter into mutual agreements, approved by the respective governing bodies of all suppliers affected by the agreement, respecting the nonduplication of lines, that are consistent with the purposes and policies set forth in this article; provided, however, that no subsequent agreement shall be valid unless and until it has been reviewed by the legislature and the legislature has amended this section to mandate the implementation of the provisions of such agreement.
","history":"(Acts 1985, No. 85-645, p. 983, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36746,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35705,"codeId":3190,"versionId":2525,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-37","shortTitle":"Section 37-14-37","catchLine":"Provision of Retail Electric Service in Violation of Article.","title":"Section 37-14-37 Provision of Retail Electric Service in Violation of Article.","sectionRange":null,"content":"(a) If an electric supplier commences construction of facilities in violation of the provisions of this article, any aggrieved electric supplier which is designated herein as the entity to provide such service (the “aggrieved electric supplier”) may petition the circuit court for the judicial circuit in which the facilities are being constructed by the offending electric supplier for an injunction to prevent the offending electric supplier from completing the facilities for provision of the retail electric service in question.
(b) If an electric supplier believes that another electric supplier has already rendered or extended electric service at retail to a premise which was designated to be served by the aggrieved electric supplier, the aggrieved electric supplier shall give notice in writing to the offending electric supplier of the potential violation of this article. The offending electric supplier shall have 45 days to determine whether it is in violation of this article. If the offending electric supplier concludes that it is violating this article, it may cease rendering and extending electric service at retail to the premises in question at the time and upon the schedule designated in writing by the aggrieved electric supplier and the offending electric supplier shall have no liability to the aggrieved electric supplier for violation of this article. If the offending electric supplier does not cease rendering service and remove its distribution facilities within the 45 day period or within such longer period designated by the aggrieved electric supplier, the aggrieved electric supplier may file suit in the circuit court for the judicial circuit in which the rendition or extension occurs to enjoin the offending electric supplier from continuing such rendition or extension and for damages. If a violation of this article is proved, the offending electric supplier shall (1) remove its facilities constructed for the rendition of retail electric service to the premises at the time and upon the schedule designated in writing by the aggrieved electric supplier; and (2) pay to the aggrieved electric supplier 25 percent of the gross revenues derived by the offending electric supplier from the sale of electric service in violation of this article from and after the date that is 45 days after the date on which the notice of violation was given. In addition, the offending electric supplier shall reimburse the aggrieved electric supplier for all witness fees, court costs, reasonable attorney fees and other expenses incurred in any litigation to enforce the aggrieved electric supplier’s rights under this article. If the violation is not proved, the aggrieved electric supplier shall reimburse the offending electric supplier for all witness fees, court costs, reasonable attorneys fees and other costs incurred in the litigation. All actions or proceedings for injunction or for damages shall be brought within three years after the offending electric supplier first renders or extends electric service at retail in violation of this article.
","history":"(Acts 1985, No. 85-645, p. 983, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36747,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35706,"codeId":3193,"versionId":2526,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-38","shortTitle":"Section 37-14-38","catchLine":"Validation Procedure; Authorization for Validation of Provisions of Article.","title":"Section 37-14-38 Validation Procedure; Authorization for Validation of Provisions of Article.","sectionRange":null,"content":"In order to foster and encourage the underlying policies of this article and to assure that sales and purchases of distribution facilities, and other transactions and actions authorized or allowed by this article may be conducted in good faith with a knowledge of the validity of the provisions hereof, and further, to assure that irrevocable commitments are not made in the implementation of the provisions of this article without the assurance of their legality and validity, the following judicial review process is hereby authorized and it is declared to be the legislative intent that the provisions of this statute be judicially reviewed and validated pursuant to the procedure set forth herein and that the circuit court enter a judgment in accordance with the procedure set forth herein.
(1) FILING OF COMPLAINT FOR DETERMINATION AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to May 20, 1985, an affected secondary electric supplier whose distribution facilities are subject to the provisions of this article and whose facilities may be purchased pursuant to this article by a primary electric supplier may, in its discretion before the closing of such purchase, seek judicial determination of the legality and validity of the provisions of this article. Such complaint shall be filed in the Circuit Court of Montgomery County, Alabama which shall have exclusive venue for the determination of all questions of the legality and validity of the provisions of this article. The filing of any complaint for validation shall stay the dates established for the closing of all sales of facilities pursuant to the provisions of this article until, with respect to each situation in which intent to exercise the option to purchase has been or is thereafter announced, a date is established by the mutual agreement of the affected primary and secondary electric supplier, which date shall not be in excess of 90 days after the final resolution of the action to determine the legality and validity of the provisions of this article, including any appeal therefrom. It is the intention of the legislature that implementation of the provisions set forth in this article shall not be stayed, other than as set forth above, during the pendency of any such litigation because of the need to eliminate, as soon as possible, duplication of electric distribution facilities.
(2) CONTENTS OF COMPLAINT; ORDER AND NOTICE OF HEARING TO SHOW CAUSE.
a. The complaint by appropriate allegations, references and/or exhibits shall briefly state the following: The authority for the purchase and sale of distribution facilities and other transactions and restrictions under this article; the nature of any municipal franchise which will be affected; a general description of restrictions imposed by this article; and the impact which such restrictions and sale shall have on the parties and the public.
b. The judge of said court shall, upon the filing and presentation of said complaint, issue an order against the citizens of the state, all municipalities and governmental units and other defendants requiring them to show cause, at a time and place to be designated in said order, which time shall be not less than 35 days nor more than 56 days after the issuance of such order, and which place shall be within Montgomery County, why said purchase and sales and the other transactions and restrictions and all other proceedings under this article should not be validated and confirmed. Notice of such order shall be given in accordance with c, d and e below.
c. The Attorney General of the State of Alabama shall be the designated representative of the citizens of the State of Alabama and shall appear on their behalf for all purposes in any proceeding brought pursuant to this section.
d. Prior to the hearing of said cause, the clerk of said court shall publish, in a newspaper of general circulation published in Montgomery County, once each week for at least three weeks before the hearing, the first publication which would be at least 21 days before such hearing, a notice addressed to the citizens of the State of Alabama and all municipalities and governmental units requiring them, at the time and place specified in the order providing for the hearing of such case, to show cause, if any there be, why said purchase and sale or other transaction and restriction that may be referred to in the complaint should not be validated and confirmed. In addition, the clerk of said court shall also publish notice to the citizens of the state and all municipalities and governmental units in newspapers of general circulation customarily published not less often than five days during each calendar week in the Cities of Andalusia, Birmingham, Dothan, Florence, Gadsden, Huntsville, Mobile, Selma and Tuscaloosa. By the publication of such notice, all citizens of the state, all municipalities and governmental units shall become parties defendant to such proceedings, and the court shall have jurisdiction of them the same as if each of them were named individually as party defendants in said complaint and personally served with process.
e. In addition to the publication and notice set forth in paragraph d, the clerk of the Circuit Court in Montgomery County shall also cause a summons and complaint to be served upon the Attorney General of the State of Alabama as representative of all citizens of the State of Alabama and upon all other parties named as defendants in the action.
f. The plaintiff shall certify to the court, in writing, with an attached list, that it has mailed a copy, by certified mail, return receipt requested, of the complaint filed in the action to each other electric supplier in the state, as defined in this article. Said notice to said electric suppliers shall inform them of the time and place of the hearing and shall contain a copy of the complaint filed herein. The notice required by this paragraph shall be mailed not less than 21 days prior to the date set for the hearing.
g. Each electric supplier, municipality and governmental unit which receives notice pursuant to the provisions set forth in d, e and f above, or which receives notice in any manner whatsoever of this action, may petition the court, as a matter of right, to intervene in said action and to participate in the hearing provided for in subdivision (3) of this section.
h. The failure of any electric supplier, municipality and/or governmental unit having actual or constructive notice of the proceeding to exercise the right to intervene and participate in the hearing shall be deemed a waiver of any right such electric supplier, municipality or governmental unit may have to participate and to challenge, contest or otherwise question the validity of any of the provisions of this article.
(3) HEARING AND ENTRY OF JUDGMENT; APPEALS FROM JUDGMENT OF CIRCUIT COURT. - At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said civil action, and he shall make such order, or orders, as to the proceedings in said civil action as will best preserve and protect the interests of all parties and to enable him to enter a final judgment with the least possible delay. The final judgment shall find the facts specially and shall state separately the judge’s conclusions with regard to any and all legal issues raised with regard to the legality and validity of the provisions of this article and shall state the judge’s conclusions of law thereon. Any citizen of the state may appear in such proceedings, either personally or by attorney, and any party thereto, whether plaintiff, defendant or intervenor, dissatisfied with the judgment of the court may appeal therefrom to the Supreme Court of Alabama in accordance with the Alabama Rules of Appellate Procedure. Such appeal shall take priority in the supreme court over all other cases therein pending, except petitions for writs of habeas corpus.
(4) WHEN JUDGMENT OF CIRCUIT COURT FINAL AND CONCLUSIVE AS TO VALIDITY OF PURCHASE, SALE AND OTHER TRANSACTIONS OR RESTRICTIONS UNDER ARTICLE. - If the circuit court shall enter a judgment validating the provisions of this article and no appeal shall be taken within the time prescribed within the Alabama Rules of Appellate Procedure; or, if an appeal is taken and the judgment validating the provisions of this article shall be affirmed by the Supreme Court; or, if the circuit court shall render a judgment refusing to validate the provisions of this article, and on appeal such judgment shall be reversed by the Supreme Court (in which case the supreme court shall issue its mandate to the circuit court requiring it to enter a judgment validating the provisions of this article), the judgment of the circuit court validating the provisions of this article shall be forever conclusive against all citizens of the state, electric suppliers, municipalities and other governmental units having actual or constructive notice of the proceedings as to the validity of the provisions of this article.
(5) COSTS OF PROCEEDINGS. - The court costs in any proceeding brought under this article shall be paid by the electric supplier commencing the action.
(6) ARTICLE NOT APPLICABLE WHERE THE VALIDITY OF PURCHASE, SALE OR OTHER TRANSACTION IS IN CONTROVERSY IN PENDING ACTIONS OR PROCEEDINGS. - No action shall be commenced challenging the legality or validity of the provisions of the article, or the legality or validity of a purchase and sale transaction or restriction under this article where the legality or validity of the article is in controversy in any prior pending civil action or proceeding in any court or has been determined in any such action. In the event any action is pending in any circuit in the state which raises or challenges the legality or validity of any provision of this article at the time an action is filed under this section, such pending action shall be transferred to the Circuit Court of Montgomery County and shall be consolidated with the action filed pursuant to this section and the consolidated proceeding shall be adjudicated in accordance with the procedures set forth in this article.
","history":"(Acts 1985, No. 85-645, p. 983, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36748,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35707,"codeId":3196,"versionId":2529,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-39","shortTitle":"Section 37-14-39","catchLine":"Effect of Any Ruling of Invalidity.","title":"Section 37-14-39 Effect of Any Ruling of Invalidity.","sectionRange":null,"content":"If any part of Section 37-14-32, Section 37-14-33 or Section 37-14-36 of this article is declared invalid under the constitution or laws of this state, including invalidity as a result of impairing unconstitutionally the obligations of a municipal franchise, such declaration shall render invalid all parts which remain; provided, however, that any ruling that the provisions of this article impair unconstitutionally the obligations of any contract other than a municipal franchise shall not render invalid the application of the article in all instances not covered by such contract. Notwithstanding such invalidity, action taken by any party in conformity with the provisions of this article shall be considered lawful actions by such party; provided, however, any electric service rendered which would have been illegal or unlawful or violative of any contractual provision absent this article shall be terminated and the facilities shall be removed following any determination of the invalidity of this article. In all other respects, the provisions and applications of this article shall be deemed to be severable and a declaration of invalidity as to any other part or as to any application thereof to any person or circumstance shall not render invalid the parts or applications which remain.
","history":"(Acts 1985, No. 85-645, p. 983, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36749,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35708,"codeId":3201,"versionId":2533,"parentId":3170,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-14-40","shortTitle":"Section 37-14-40","catchLine":"Repealer; Actions Taken Pursuant to Inconsistent Provisions.","title":"Section 37-14-40 Repealer; Actions Taken Pursuant to Inconsistent Provisions.","sectionRange":null,"content":"Except as provided in this section, all laws or parts of laws in conflict with the provisions of this article are hereby repealed. In the event, as a result of a final adjudication in Dixie Electric Cooperative, et al. vs. The Citizens of the State of Alabama, et al., Civil Action No. CV 84-V-891-N, it is determined that Act No. 84-206 of the Alabama Legislature, Regular Session, was valid and constitutional, such Act No. 84-206 shall remain in effect. The principles of this article which are inconsistent with the provisions of Act No. 84-206 shall no longer be effective with the following exceptions;
(1) The agreement adopted as being in the public interest which is listed in Item 11 of Section 37-14-36.
(2) The agreement adopted as being in the public interest which is listed in Item 12 of Section 37-14-36.
(3) The agreement adopted as being in the public interest which is listed as Item 13 of Section 37-14-36.
(4) The agreement adopted as being in the public interest which is listed as Item 14 of Section 37-14-36.
To the extent actions are taken pursuant to this article which are inconsistent with actions required to be taken under Act No. 84-206, the actions taken hereunder shall be considered lawful. In the event Act No. 84-206 is declared to be valid and constitutional, the time periods for purchase of facilities set forth in Section 37-14-4 shall be extended to occur within nine months from the date of final adjudication of validity.
","history":"(Acts 1985, No. 85-645, p. 983, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36750,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35709,"codeId":3214,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"15","shortTitle":"Chapter 15","catchLine":"Notification of Excavation or Demolition Operations.","title":"Chapter 15 Notification of Excavation or Demolition Operations.","sectionRange":"§37-15-1 to §37-15-11","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36751,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35710,"codeId":3217,"versionId":2547,"parentId":3214,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-15-1","shortTitle":"Section 37-15-1","catchLine":"Purpose and Intent.","title":"Section 37-15-1 Purpose and Intent.","sectionRange":null,"content":"The purpose of this chapter is to safeguard against injury and loss of life due to excavation or demolition and to protect underground facilities from costly damage and the interruption of utility or other services to the general public.
","history":"(Acts 1994, No. 94-487, p. 911, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36752,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35711,"codeId":3220,"versionId":43563,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-2","shortTitle":"Section 37-15-2","catchLine":"Definitions. (Amended by 2026-255)","title":"Section 37-15-2 Definitions. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
As used in this chapter the following words have the following meanings:
(1) APPROXIMATE LOCATION OF UNDERGROUND FACILITIES. Information about an operator’s underground facilities which is provided to a person by an operator and must be accurate to within 18 inches measured horizontally from the outside edge of each side of such operator’s facility, or a strip of land 18 inches either side of the operator’s field mark or the marked width of the facility plus 18 inches on each side of the marked width of the facility.
(2) AUTHORITY. The Underground Damage Prevention Authority created under Section 37-15-10.1.
(3) AUTHORITY BOARD. The Underground Damage Prevention Board created under Section 37-15-10.1.
(4) BLASTING. The use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure.
(5) CONTRACT LOCATOR. Any person contracted with an operator specifically to determine and mark the approximate location of the operator’s utility lines that exist within the area specified by a notice served on the “One-Call Notification System.”
(6) DAMAGE. Includes, but is not limited to, the substantial weakening of structural or lateral support of an underground facility, penetration or destruction of any underground facility’s protective coating, housing, or other protective device, and the severance (partial or complete) of any underground facility, but does not apply to any operator’s abandoned underground facility.
(7) DEMOLITION. Any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or explosives.
(8) DESIGN OR SURVEY LOCATE REQUEST. Any communication to the “One-Call Notification System,” specifically to request existing underground facilities to be located for bidding, predesign, or advance planning purposes. A design locate request may not be used for excavation purposes and an excavation locate request may not be used for design or survey purposes.
(9) EMERGENCY EXCAVATION OR DEMOLITION. An excavation or demolition that is required to eliminate an imminent danger to life, health, property, or the environment or required for the repair or restoration of operator service that is required to be performed before the notification and response procedures required in Section 37-15-4 and 37-15-6 may be fully utilized.
(10) EXCAVATE or EXCAVATION. Any operation for the purpose of the movement or removal of earth, rock, or other material by mechanized equipment or explosive device and includes, but is not limited to, augering, backfilling, blasting, boring, digging, ditching, drilling, grading, pile-driving, plowing-in, pulling-in, ripping, scraping, sub-soiling, trenching, and tunneling. Excavate or excavation does not include routine roadway maintenance activities carried out by or for those responsible for publicly-maintained roadways, provided that the activities occur entirely within the right-of-way of a public road, street, or highway; are carried out with reasonable care so as to protect any utility facilities placed in the right-of-way by permit; are carried out within the limits of any original excavation on the traveled way, shoulder, or drainage ditches of a public road, street, or highway; and, if involving the replacement of existing structures, including traffic control devices, replace such structures in their approximate previous locations and at their approximate previous depth. Excavate or excavation does not include routine railroad maintenance activities conducted within the track structure and its adjacent right-of-way, provided the activities are performed by railroad employees or railroad contractors and are carried out with reasonable care so as to protect any underground facilities placed in the railroad right-of-way by agreement with the railroad. Nothing in this chapter shall modify or abrogate any contractual provision entered into between any railroad and any other party owning or operating an underground facility or underground utility lines within the railroad’s right-of-way.
(11) EXCAVATOR. Any person who engages in excavation.
(12) EXECUTIVE COMMITTEE. The executive committee created under Section 37-15-10.1.
(13) IMPLIED EASEMENT. Any unwritten easement or right-of-way on private property required to provide utility or other services by means of underground facilities on property of the owner requesting such service.
(14) MARK or MARKING. The use of stakes, flags, paint, buoys, or clearly identifiable materials placed on the surface of the ground or water to show the approximate location of underground facilities.
(15) MECHANIZED EQUIPMENT. Equipment powered or energized by any motor, engine, hydraulic, or pneumatic device and is used for excavation or demolition work including, but not limited to, tractors, trenchers, bulldozers, power shovels, augers, backhoes, scrapers, pile drivers, drills, cable and pipe plows, or other equipment used for plowing-in or pulling-in cable or pipe.
(16) MEMBER. A person who participates in the “One-Call Notification System” to receive services and is in good standing with the “One-Call Notification System” in accordance with the guidelines set forth in the corporation’s bylaws.
(17) NEAR MISS. An event where damage did not occur, but a clear potential for damage was identified.
(18) NONINVASIVE METHOD OF EXCAVATION. A method of excavation that does not compromise the integrity of the underground facility. These methods include, but are not limited to, hand digging, pot holing, soft digging, vacuum excavation methods, or other methods approved by the operator.
(19) NOTIFICATION AREA. An area or territory which an operator designates as the area where the operator wishes to receive notifications for any excavation in that area. The notification area should encompass the underground distribution system or network of the operator.
(20) ONE-CALL NOTIFICATION SYSTEM. A non-profit corporation, a public corporation, or a governmental entity which will provide a statewide notification service, for the purpose of receiving statewide telephonic toll-free or electronic notification of any planned excavation or demolition activities by excavators or other persons as set forth in Section 37-15-4 and distributing the required excavation or demolition information to its affected member operators as set forth in Section 37-15-5.
(21) OPERATOR. Any person, governmental agency, or political subdivision, or its agents, who owns or operates a public or private underground facility which furnishes services, information, or materials, or transports or transmits electric energy, light, water, steam, oil, gases, gas, mixture of gases, petroleum, petroleum products, hazardous or flammable liquids, toxic or corrosive fluids and gases, or items of like nature, and telecommunications, cable television, water, drainage, sewage, or other systems of like nature. The term operator does not apply to any entity listed above if all of the underground facilities owned and operated by the entity are for the sole use of the entity and are located solely on the entity’s own property or on property over which the entity has rights of operation.
(22) PERSON. An individual, joint venture, partnership, association, authority, cooperative, firm, corporation, governmental entity, or any subdivision or instrumentality of that entity and its employees, agents, or legal representatives.
(23) POSITIVE RESPONSE. The communication among member operators, persons excavating, and the “One-Call Notification System” concerning the status of locating an underground facility.
(24) PREMARK. To delineate the general scope of the excavation on the surface of the ground using white paint, white stakes, or other similar white markings.
(25) ROUTINE ROADWAY MAINTENANCE. Maintenance work on a roadway that is not done pursuant to a contract awarded by a state or local government through a bid process for which plan drawings have been developed in advance or work for which detailed and specific scheduling is not possible or feasible.
(26) TOLERANCE ZONE. The width of the underground facility plus 18 inches on either side of the outside edge of the underground facility on a horizontal plane.
(27) UNDERGROUND FACILITY. Any cable, pipeline, duct, wire, conduit, or other similar installation, installed underground or underwater, by which an operator transports or delivers materials, information, or services.
(28) WILLFUL NONCOMPLIANCE. The intentional refusal or failure to perform, or comply with, a duty created or imposed by this chapter or by the rules adopted pursuant to this chapter.
(29) WORKING DAY. A 24-hour period commencing the beginning of the start of the next working day from the time of receipt of the notification, excluding Saturday, Sunday, and the following nine holidays: New Year’s Day, Memorial Day (observed), Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve, and Christmas Day. When any of these holidays occur on a Saturday, it will be observed on the preceding Friday and when any of these holidays occur on a Sunday, it will be observed on the following Monday.
(30) WORKING DAY HOURS. The time from 7:00 a.m. to 5:00 p.m. local time on working days.
","history":"(Acts 1994, No. 94-487, p. 911, §2; Act 2012-504, p. 1483, §1; Act 2014-220, p. 691, §1; Act 2015-363, p. 1129, §1; Act 2019-407, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36753,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35712,"codeId":3223,"versionId":2552,"parentId":3214,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-15-3","shortTitle":"Section 37-15-3","catchLine":"Prohibition.","title":"Section 37-15-3 Prohibition.","sectionRange":null,"content":"No person shall excavate in a street, highway, public easement, private easement, or implied easement of an operator, or on property of an operator, or conduct blasting operations, or perform demolition activities in the near proximity of an operator’s underground facility without first having ascertained, in the manner prescribed in Sections 37-15-4 and 37-15-6, the location of all underground facilities in the area of the proposed excavation, blasting, or demolition; however, violation of this section shall not subject any person to the civil penalties of Section 37-15-10 provided the easement or underground facility is located on property owned by such person and such person did not have knowledge of the existence or presence of such easement or underground facility.
","history":"(Acts 1994, No. 94-487, p. 911, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36755,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35713,"codeId":3227,"versionId":43564,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-4","shortTitle":"Section 37-15-4","catchLine":"Notice of Intent to Excavate or Demolish. (Amended by 2026-255)","title":"Section 37-15-4 Notice of Intent to Excavate or Demolish. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying with this chapter. Any public agency issuing such permit shall notify the person receiving the permit of the notification requirements of this chapter; however, failure to provide such notification shall not make the State Department of Transportation subject to the penalties provided for in Section 37-15-10.
(b) Before commencing any excavation or demolition operation prohibited by Section 37-15-3, each person responsible for the excavation or demolition shall give telephonic or electronic notice of the intent to excavate or demolish to the underground facility operator or the “One-Call Notification System” acting on behalf of the operator at least two but not more than 10 working days prior to the start of the proposed excavation, not including the day of notification, and at least two working days but not more than 30 calendar days, not including the day of notification, prior to the start of demolition or any blasting operations for either excavation or demolition.
(c) The notice required by subsection (b) must contain the name, address, and telephone number of the person responsible for the excavation or the demolition and the person giving notice, the proposed starting date and time, the type of excavation or demolition operation to be conducted, the location of the proposed excavation or demolition with sufficient details to enable the operator to locate same with reasonable certainty, and whether or not explosives are to be used. In the event the location requirements of this subsection cannot be met, the excavator shall premark the route or boundaries of the site of proposed excavation or demolition by means of white as the identifying color on stakes, flags, paint, buoys, or clearly identifiable materials placed on the surface of the ground or water prior to the notification to the One-Call Notification System. However, premarking is not required when the premarking could reasonably interfere with traffic or pedestrian control.
(d) Notification to the One-Call Notification System of an intent to excavate shall be valid for a period of 20 working days from the proposed starting date given for excavation and the notice to demolish shall be valid for a period of 30 working days from the starting date given. Each person responsible for excavation or demolition shall renew with the One-Call Notification System each notice of intent to excavate or demolish at least two working days, not counting the day of notification, prior to the expiration date of the notice if the excavation or demolition has not been completed.
(e) When engaged in an extensive and contiguous construction, demolition, or excavation activity, working agreements may be established to accomplish the intent and purpose of this chapter between operators, public agencies, and contractors after initial compliance with the notification provisions of this chapter.
(f) Compliance with the notice requirements of this section is not required of persons plowing less than 12 inches in depth for agricultural purposes.
(g) Compliance with the notice requirements of this section is not required by persons or operators excavating on their own property or easement when no other persons or operators have underground facilities on the property or easement.
(h) Except for those persons submitting design or survey locate requests, no person, including an operator, shall request markings of a site through the One-Call Notification System that meets the operational requirements as described in subsection (a) of Section 37-15-5, unless excavation is scheduled to commence. In addition, no person shall make repeated requests for remarking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of the person.
(i) Any person who complies with the notification requirements of this chapter is not liable for damage to an operator’s underground facility if all of the following are satisfied:
(1) The operator received the notification required by this section.
(2) The operator failed to locate its underground facilities as required by Section 37-15-6.
(3) The damage is a proximate result of the operator’s failure to locate its underground facilities as required by Section 37-15-6.
","history":"(Acts 1994, No. 94-487, p. 911, §4; Acts 1996, No. 96-666, p. 1127, §1; Act 2014-220, p. 691, §1; Act 2019-407, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36756,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35714,"codeId":45307,"versionId":43565,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-4.1","shortTitle":"Section 37-15-4.1","catchLine":"Design or Survey Locate Requests. (Amended by 2026-255)","title":"Section 37-15-4.1 Design or Survey Locate Requests. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) Any person may submit a design or survey locate request to the One-Call Notification System. The design or survey locate request shall describe the tract or parcel of land for which the design or survey locate request has been submitted with sufficient particularity as defined by policies developed and promulgated by the One-Call Notification System to enable the facility operator to ascertain the precise tract or parcel of land involved and state the name, address, telephone number, and facsimile number of the person who has submitted the design or survey locate request and the company name of the project owner.
(b) Within five working days after a design or survey locate request has been submitted to the One-Call Notification System for a proposed project, the operator shall respond by one of the following methods:
(1) Marking the approximate location of all underground facilities in the area of proposed excavation.
(2) Providing to the person submitting the design or survey locate request the best available description of all underground facilities in the area of proposed excavation which may include drawings of underground facilities already built in the area or other facility records that are maintained by the facility operator.
(3) Allowing the person submitting the design or survey locate request or any other authorized person to inspect or copy the drawings or other records for all underground facilities within the proposed area of excavation.
","history":"(Act 2014-220, p. 691, §2; Act 2019-407, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36758,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35715,"codeId":3230,"versionId":43566,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-5","shortTitle":"Section 37-15-5","catchLine":"Underground Damage Prevention Program. (Amended by 2026-255)","title":"Section 37-15-5 Underground Damage Prevention Program. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) Until January 1, 2027:
(1) Operators who have underground facilities within this state shall participate in and utilize the services of the One-Call Notification System.
(2) Operators that are members of the One-Call Notification System on January 1, 2020, must remain members.
(3) Operators with more than 25,000 customers or 500 miles of facilities, that are not members, must join the One-Call Notification System by January 1, 2021.
(4) Operators that do not meet the thresholds described in subdivision (2) or (3), must join the One-Call Notification System by January 1, 2022.
(5) Operators of electrical underground facilities that join the One-Call Notification System under the requirements of subdivision (3) or (4) having less than five percent underground trench miles compared to the total miles of line, are not subject to the membership costs until their underground trench miles exceed the trench mile exemption. These operators shall be required to report annually to the One-Call Notification System their percentage of underground trench miles by the end of each calendar year.
(6) If an operator of an underground facility fails to become a member of the One-Call Notification System, as required by this chapter, and that failure is a cause of damage to that underground facility caused by a person who has complied with this chapter and has exercised reasonable care in the performance of the excavations that has caused damage to the underground facility, the operator has no right of recovery against the person for the damage to that underground facility.
(b) Between April 18, 1994, and January 1, 1995, or any time thereafter, any non-profit corporation, public corporation, or governmental entity desiring to become the One-Call Notification System shall apply to the Alabama Public Service Commission for a certificate of public convenience and necessity, verifying under oath that the applicant meets the requirements of this chapter. After a public hearing on the application, if the Alabama Public Service Commission deems that the applicant meets the requirements of this chapter, and if it is found that the applicant is fit, willing, and able to properly perform the services proposed and that the proposed service is or will be required by the present or future public convenience or necessity, then in such event the Alabama Public Service Commission may issue a certificate of public convenience and necessity authorizing the applicant to commence its operation as the One-Call Notification System. The Alabama Public Service Commission shall revoke a certificate if the non-profit corporation, public corporation, or governmental entity ceases to meet the requirements as set forth in this chapter. The One-Call Notification System must provide a report of operations and financial review or audit to the Public Service Commission annually.
(c) Subject to subsections (a) and (b), there shall be a statewide One-Call Notification System in accordance with this chapter to provide notice of all excavation or demolition near underground facilities.
(d) The One-Call Notification System shall be incorporated or operated as a non-profit corporation and governed by a board of directors representing its membership in accordance with the One-Call Notification System bylaws.
(e) Operators of underground natural gas or hazardous liquid pipeline facilities or the One-Call Notification System acting on their behalf shall develop and implement a public awareness and damage prevention program to educate the general public, excavators, and operators about the availability and use of the One-Call Notification System as required in applicable federal regulations and the requirements of this chapter.
(f) The person giving notice of intent to excavate or demolish shall be furnished an individual reference file number for each notification and upon request shall be furnished the names of the operators to whom the notification will be transmitted.
(g) An adequate record of notifications shall be maintained by the underground facility operator or the One-Call Notification System in order to document timely compliance with this chapter. These records shall be retained for a period of not less than three years and shall be made available at a reasonable cost upon proper and adequate advance request.
(h) The services of the One-Call Notification System should be provided on working days in accordance with the established working day hours.
(i) The One-Call Notification System should voice record the notification telephone calls and after hours calls should at least reach a voice recording which explains emergency procedures.
(j) All members of the One-Call Notification System shall provide the One-Call Notification System with the following information:
(1) The notification area data in a format as required by the current database system utilized by the One-Call Notification System for the locations in which members have underground facilities or for other reasons wish to receive notifications of proposed excavations, demolitions, or blasting. This information shall be updated at least once a year.
(2) The name, address, and telephone number of a person to receive emergency notifications.
(k) The One-Call Notification System shall promptly transmit the information received from the excavator, as set forth in Section 37-15-4, to its appropriate member operators.
(l) All members of the One-Call Notification System who have changes, additions, or new installations of buried facilities within the boundaries of the State of Alabama shall notify the One-Call Notification System of changes in the information required in subdivision (1) of subsection (j), within 30 days of the completion of such change, addition, or new installation.
","history":"(Acts 1994, No. 94-487, p. 911, §5; Act 2012-504, p. 1483, §1; Act 2014-220, p. 691, §1; Act 2019-407, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36761,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35716,"codeId":3235,"versionId":43567,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-6","shortTitle":"Section 37-15-6","catchLine":"Response to Notice of Intent to Excavate or Demolish. (Amended by 2026-255)","title":"Section 37-15-6 Response to Notice of Intent to Excavate or Demolish. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a)(1) Each operator served with notice in accordance with Section 37-15-4, with underground facilities in the area, shall mark or cause to be marked or otherwise provide the approximate location of the operator’s underground facilities by marking in a manner as prescribed herein prior to the proposed start of excavation, demolition, or blasting. If any underground facilities become damaged due to an operator furnishing inaccurate information as to the approximate location of the facilities, through no fault of the operator, then the civil liabilities imposed by this chapter do not apply.
(2) In lieu of such marking, the operator may request to be present at the site upon commencement of the excavation, demolition, or blasting.
(3) A member operator that states that it does not have accurate information concerning the exact location of its underground facilities is exempt from the requirements of this section, but shall provide the best available information to the person excavating in order to comply with the requirements of this section. A person excavating is not liable for any damage to an underground facility under the exemption in this subdivision if the excavation or demolition is performed with reasonable care as noted in Section 37-15-8 and the excavator uses detection equipment or other acceptable means to determine the location of the underground facilities.
(4) When an excavator encounters an unmarked underground facility on an excavation site where notice of intent to excavate has been made in accordance with the provisions of Section 37-15-4, and attempts a follow-up or second notice relative to revising the original notice to the One-Call Notification System or the operator, all operators thus notified must attempt to contact the excavator within four hours and provide a response relative to any of their known underground facilities, active or abandoned, at the site of the excavation.
(b) When marking the approximate location of underground facilities, the operator shall follow the color code designation in accordance with the latest edition of the American Public Works Association Uniform Color Code.
(c) The color code designation referenced in this section shall not be used by any operator or person to mark the boundary or location of any excavation or demolition area. If the excavator elects to mark the proposed excavation or demolition site, the boundary or location shall be identified using white as the identifying color or with natural color wood stakes. White flags or white stakes may have a thin stripe, one inch or less of the designated color code, to indicate the excavator’s proposed type of facility, if applicable.
(d) Each operator, upon determining that no underground facility is present on the tract or parcel of land or upon completion of the marking of the location of any underground facilities on the tract or parcel of land, shall provide a positive response with information to the One-Call Notification System in accordance with the procedures developed by the One-Call Notification System.
(e) The requirement for providing a positive response shall become effective January 1, 2021.
(f) Any contract locator acting on behalf of an operator is subject to this section.
","history":"(Acts 1994, No. 94-487, p. 911, §6; Act 2014-220, p. 691, §1; Act 2019-407, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36763,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35717,"codeId":3239,"versionId":37208,"parentId":3214,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-15-7","shortTitle":"Section 37-15-7","catchLine":"Emergency Excavation or Demolition.","title":"Section 37-15-7 Emergency Excavation or Demolition.","sectionRange":null,"content":"(a) Compliance with the notice requirements of Section 37-15-4 is not required of persons responsible for emergency excavation or demolition; provided, however, that such person gives, before commencing or as soon as practicable thereafter, notice of the emergency excavation or demolition to each operator having underground facilities located in the area or to the “One-Call Notification System” acting on behalf of the operator. However, every person who shall engage in such emergency excavation or demolition shall take all necessary and reasonable precautions to avoid or minimize damage to existing underground facilities.
(b) An excavator misrepresenting an emergency excavation or demolition is subject to the civil penalties imposed pursuant to Section 37-15-10.
","history":"(Acts 1994, No. 94-487, p. 911, §7; Act 2014-220, p. 691, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36765,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35718,"codeId":3243,"versionId":37209,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-8","shortTitle":"Section 37-15-8","catchLine":"Precaution to Avoid Damage. (Amended by 2026-255)","title":"Section 37-15-8 Precaution to Avoid Damage. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
In addition to the notification requirements of Section 37-15-4, each person responsible for an excavation or demolition operation designated in Section 37-15-3, when performing excavation or demolition within the tolerance zone, shall do all of the following to avoid damage to or minimize interference with the underground facilities:
(1) Determine the location of any marked underground facility utilizing noninvasive methods of excavation. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages.
(2) Maintain a clearance of at least 18 inches between any underground facility and the cutting edge or point of mechanized equipment.
(3) Provide such support for underground facilities in and near a construction area, including backfill operations, as may be reasonably required by the operator for the protection of the utilities.
(4) Protect and preserve the markings of approximate locations of underground facilities until those markings are no longer required for proper and safe excavation or demolition.
","history":"(Acts 1994, No. 94-487, p. 911, §8; Act 2014-220, p. 691, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36766,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35719,"codeId":3247,"versionId":43568,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-9","shortTitle":"Section 37-15-9","catchLine":"Excavation or Demolition Damage. (Amended by 2026-255)","title":"Section 37-15-9 Excavation or Demolition Damage. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) Each person responsible for any excavation or demolition operation that results in any damage to an underground facility, immediately upon discovery of such damage, shall notify the operator of such facility of the location of the damage or the One-Call Notification System operating on behalf of the underground facility owner and shall allow the operator reasonable time to accomplish any necessary repairs before completing the excavation or demolition in the immediate area of the damage to such facility.
(b) In addition to subsection (a), each person responsible for any excavation or demolition shall immediately report to the operator or the One-Call Notification System operating on behalf of the underground facility owner and appropriate law enforcement agencies and fire departments any damage to an underground facility that results in escaping flammable, corrosive, explosive, or toxic liquids or gas and shall take reasonable actions necessary to protect persons or property and to minimize safety hazards until those law enforcement agencies and fire departments and the operator arrive at the underground facility.
(c) If an event damages any pipe, cable, or its protective covering, or other underground facility, or there is a significant near miss that could have resulted in damage, the operator receiving the notice shall file a report with the One-Call Notification System. Reports must be submitted annually to the system, no later than March 31 for the prior calendar year, or more frequently at the option and sole discretion of the operator. Each report must describe, if known, the cause, nature, and location of the damage. The One-Call Notification System shall establish and maintain a process to facilitate submission of reports by operators or persons excavating.
","history":"(Acts 1994, No. 94-487, p. 911, §9; Act 2014-220, p. 691, §1; Act 2019-407, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36768,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35720,"codeId":3251,"versionId":45877,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-10","shortTitle":"Section 37-15-10","catchLine":"Penalties. (Amended by 2026-255)","title":"Section 37-15-10 Penalties. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) Any person who violates this chapter, or the rules adopted under this chapter, shall be subject to a civil penalty as follows:
(1) For a first violation, the violator shall complete a course of training concerning compliance with this chapter or pay a civil penalty in an amount not to exceed five hundred dollars ($500) per incident, or both.
(2) For a second or subsequent violation within a 12-month period, the violator shall complete a course of training concerning compliance with this chapter or pay a civil penalty in an amount not to exceed one thousand dollars ($1,000) per incident, or both.
(3) For a third or subsequent violation within a 12-month period, the violator shall complete a course of training concerning compliance with this chapter and pay a civil penalty in an amount not to exceed three thousand dollars ($3,000) per incident.
(4) Notwithstanding this subsection, if any violation was the result of gross negligence or willful noncompliance, the violator shall be required to complete a course of training concerning compliance with this chapter and pay a civil penalty in an amount not to exceed ten thousand dollars ($10,000) per incident.
(b) Any person who is required to complete a course of training under this section shall be responsible for paying for the cost of the training. For those instances in which training is ordered, if the person is a firm, partnership, association, corporation, limited liability company, joint venture, department, or subdivision of the state or other governmental entity or any other body or organization, it may be required that at least one manager or supervisor thereof attend any training.
(c) The penalties provided under this section may be subject to periodic review by the authority board and revised by rule as needed to ensure enforcement penalties are deemed effective and are in compliance with federal law.
(d) The amount of such penalties shall be dependent upon the degree of non-compliance, the amount of injury or damage caused, the degree of threat to public safety, the degree of public inconvenience caused as a result of the violation, and the number of past violations. Mitigation of the penalty may be shown by good faith efforts of the violator to have complied with this chapter.
(e) The Underground Damage Prevention Fund is created within the State Treasury, to be administered by the authority. All penalties recovered in actions brought by the authority under this chapter shall be paid into the Underground Damage Prevention Fund. Any monies remaining in the Underground Damage Prevention Fund at the end of the fiscal year shall not revert to the General Fund, but shall remain in the Underground Damage Prevention Fund for the exclusive use of the authority. The expenditures of monies in the Underground Damage Prevention Fund shall be at the discretion of the authority board to carry out its duties under this chapter. Excess funds shall be used to support public awareness programs and training and education of excavators, operators, locators, and other persons to reduce the number and severity of violations of this chapter.
(f) This chapter does not affect any civil remedies for personal injury or property damage or criminal sanctions except as otherwise specifically provided for in this chapter.
(g) Evidence of findings of fact, civil penalties, or any of the actions or proceedings pursuant to this chapter shall not be admissible in any other civil causes of actions related to the excavation or damage for which the penalty or fine was issued; however, these materials are discoverable in civil actions arising from the facts herein. This chapter does not limit any person’s right to pursue any additional civil remedy otherwise allowed by law.
(h) No civil penalty may be imposed pursuant to this section against an excavator or operator who violates any provision of this chapter if the violation occurred while the excavator or operator was responding to an emergency. Notwithstanding the foregoing, the civil penalty shall be imposed if the violation was willful or malicious.
(i) This section shall not be construed to limit any provision of law granting governmental immunity to state or local entities or to impose any liability or duty of care not otherwise imposed by law upon any state or local entity.
(j) Any person who willfully or maliciously removes or otherwise destroys a marking used by an operator to mark the location of any underground facility, except in the ordinary course of excavation, is guilty of a Class C misdemeanor.
(k) Any monies received by the Underground Damage Prevention Authority prior to April 22, 2021, which were directed to be paid into the Underground Damage Prevention Fund shall be deposited into the fund.
","history":"(Acts 1994, No. 94-487, p. 911, §10; Act 2014-220, p. 691, §1; Act 2019-407, §1; Act 2021-273, §§1,2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36770,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35721,"codeId":51502,"versionId":46842,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-10.1","shortTitle":"Section 37-15-10.1","catchLine":"Underground Damage Prevention Authority. (Amended by 2026-255)","title":"Section 37-15-10.1 Underground Damage Prevention Authority. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) The Underground Damage Prevention Authority is created for the purpose of enforcing this chapter and for reviewing penalty provisions and the adequacy of the enforcement process. It is the intent of the Legislature that the authority and its enforcement activities not be funded by appropriations from the state budget.
(b) The authority shall utilize the services of the Alabama Public Service Commission to provide administrative support for the authority, subject to the concurrence by the authority board. The Public Service Commission shall charge the expenses associated with the administrative duties of the authority back to the authority, subject to the concurrence of the authority board. The administrative support provided by the Alabama Public Service Commission to the authority is in an administrative capacity only and nothing in this chapter shall expand the jurisdiction of the Alabama Public Service Commission in any way.
(c) The authority shall be composed of a board of underground facility protection stakeholders. The board shall be composed of one subject matter expert representative from each of the following stakeholders and all board appointments shall be made by March 31, 2020, as follows:
(1) Alabama Attorney General’s Office.
(2) Alabama Public Service Commission - gas pipeline safety.
(3) Alabama Department of Transportation.
(4) Alabama county engineers.
(5) Cable television industry.
(6) Electric utility industry.
(7) Municipal utility operator industry.
(8) Natural gas distribution industry.
(9) One-Call Notification System.
(10) Professional excavator industry.
(11) Professional road builder industry.
(12) Professional land surveyor industry.
(13) Telecommunications industry.
(14) Transmission pipeline industry.
(15) Utility facility locating industry.
(16) Water utility industry.
(17) Wastewater industry.
(d) The Governor shall appoint the stakeholder representatives selected from qualified persons as provided in subsection (c) with the exception of the stakeholder representatives from the Alabama Attorney General’s office, the Alabama Public Service Commission - gas pipeline safety, and the Alabama Department of Transportation, who shall be appointed by the head of the respective agency. The initial authority board shall be appointed with staggered terms as determined by the Governor. After the initial appointment, each stakeholder representative shall serve a term of three years or until a replacement is appointed, whichever occurs later. No person shall be appointed for more than two full consecutive terms with the exception of the stakeholder representatives from the Alabama Attorney General’s office, the Alabama Public Service Commission - gas pipeline safety, the Alabama Department of Transportation, and the One-Call Notification System.
(e) Membership of the authority board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(f) The board shall elect an executive committee made up of five representatives from the authority board as provided in this section excluding those entities representing a state agency, who will be responsible for levying civil penalties and taking actions as described in Section 37-15-10, this section, and Section 37-15-10.2.
(g) Members of the authority board and executive committee may participate in a meeting of the board or committee by means of telephone conference, video conference, or similar communications equipment by means of which all persons participating in the meeting may hear each other at the same time and members of the public may simultaneously listen to the meeting. Participation by such means shall constitute presence in person at a meeting for all purposes.
(h) The board may do all of the following:
(1) Adopt rules to conduct the affairs of the authority.
(2) Make and enter into contracts.
(3) Enter into an interagency agreement with the Attorney General’s office to serve as legal counsel. The Attorney General shall be compensated at a rate not to exceed the normal hourly rate authorized by the Governor for legal services contracts. The authority shall also reimburse the Attorney General for any expenses incurred in providing legal representation.
(4) Oversee the development of or contract for the development and administration of the designated training program.
(5) Evaluate and revise the enforcement program process and penalty structure by adopting rules if the current structure does not meet the purpose and intent of this chapter or federal law.
(i) No member of the board, individually or jointly, shall be civilly liable for acts within the scope of his or her duties as a board member which are made in good faith and are absent unreasonable, wanton, willful, intentional conduct or a violation of federal law.
(j) The members of the board shall serve without compensation.
(k) Nothing in this chapter shall grant the authority jurisdiction over damage to utilities located above the ground.
(l) Board members shall not participate in any enforcement action decisions pertaining to the entity they represent.
","history":"(Act 2019-407, §2; Act 2021-273, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36772,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35722,"codeId":51503,"versionId":44143,"parentId":3214,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"37-15-10.2","shortTitle":"Section 37-15-10.2","catchLine":"Violations; Complaints; Dispute and Hearing; Judicial Review. (Amended by 2026-255)","title":"Section 37-15-10.2 Violations; Complaints; Dispute and Hearing; Judicial Review. (Amended by 2026-255)","sectionRange":null,"content":"AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.
(a) Any person who violates this chapter may be reported to the authority for the alleged violation.
(b) The board shall develop and implement a process for the receipt of a complaint of a violation of this chapter. The complaint must be made no later than 30 days after the known occurrence of the violation. A complaint may be filed as information only and designated not to be pursued under the enforcement provisions.
(c) Upon receipt of a complaint of a violation of this chapter, the administrator, operating on behalf of the authority, shall provide notice to the reported violator advising that a complaint of violation has been made setting out the time and place of the alleged violation, the identity of who reported the violation, his or her right to file a written response within 14 days, and his or her right to appeal from an adverse decision.
(d) The administrator, acting on behalf of the authority, shall submit the complaint and documentation to the executive committee.
(e) The authority executive committee shall review the complaint and any documentation regarding the complaint and make any needed recommendation for penalty action.
(f) The administrator, operating on behalf of the authority, shall notify the complainant and the reported violator of any penalty assessed.
(g) Once the reported violator is notified of the designated penalty as described in Section 37-15-10, the violator may pay the penalty to the Underground Damage Prevention Fund or dispute the penalty and request a hearing before the full authority board.
(h) The request for a hearing before the authority board must be made within 30 days of the issuance of notification of the violation.
(i) The full authority board shall meet no more than quarterly, based on need. The hearings shall be held at the place set forth in the notice of hearing. There shall be no presumption of correctness attached to any finding of fact or any assessment of a penalty that is appealed to the authority board, and the proceedings and hearing before the authority board shall be tried de novo. The complainant must attend the hearing.
(j) The authority board in the appeal process may do all of the following:
(1) Repeal the initial penalty provisions cited for the alleged violation of this chapter.
(2) Uphold the initial penalty provisions cited for the alleged violation of this chapter.
(3) Issue a new penalty provision related to the alleged violation of this chapter.
(4) Issue an order stating the outcome of the hearing including any assigned penalty.
(k) A person aggrieved by the final order, within 30 days from the date of the final order, may seek judicial review in the circuit court by filing a notice of appeal.
(l) All complaints filed pursuant to this chapter shall not be subject to the Alabama Open Records Act. However, the authority shall make available upon request a summary of a complaint after a final resolution has been entered regarding any such complaint requested along with any documents associated with the final resolution of the complaint. However, this restriction shall not prevent a party from obtaining a copy of the complaint by means of a subpoena or other method allowed by the Alabama Rules of Civil Procedure or the Alabama Rules of Criminal Procedure. The Alabama Open Meetings Act shall apply to all meetings and judicial hearings required pursuant to this chapter, except for those meetings of the authority in which the initial determination of violation and recommended fine is discussed and determined.
(m) The authority may bring an action against any person or entity to collect any fines, penalties, or other monies owed to the authority.
(n) The authority shall be governed by the Alabama Administrative Procedure Act.
","history":"(Act 2019-407, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36774,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35723,"codeId":3253,"versionId":2572,"parentId":3214,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-15-11","shortTitle":"Section 37-15-11","catchLine":"Liberal Construction.","title":"Section 37-15-11 Liberal Construction.","sectionRange":null,"content":"The provisions of this chapter shall be liberally construed as to effectuate the purposes of this chapter and the operation of a “One-Call Notification System.”
","history":"(Acts 1994, No. 94-487, p. 911, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36776,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35724,"codeId":51384,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"16","shortTitle":"Chapter 16","catchLine":"Broadband Using Electric Easements Accessibility Act.","title":"Chapter 16 Broadband Using Electric Easements Accessibility Act.","sectionRange":"§37-16-1 to §37-16-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36777,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35725,"codeId":51385,"versionId":44044,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-1","shortTitle":"Section 37-16-1","catchLine":"Short Title.","title":"Section 37-16-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Broadband Using Electric Easements Accessibility Act.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36778,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35726,"codeId":51386,"versionId":44045,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-2","shortTitle":"Section 37-16-2","catchLine":"Legislative Findings.","title":"Section 37-16-2 Legislative Findings.","sectionRange":null,"content":"(a) The Legislature finds and declares the following:
(1) More advanced communication capabilities, broadband facilities, and services are needed in many rural and underserved areas of the state.
(2) Electric providers in those rural and underserved areas are capable of providing infrastructure for such advanced communications capabilities and providing, directly or indirectly, broadband facilities or services.
(3) The investment in and development of advanced communications capabilities for providing broadband facilities and services are necessary to better serve the public in those rural and underserved areas.
(4) The continued lack of advanced communication capabilities, broadband facilities, and services in rural and underserved areas deprives citizens residing in these areas from access to opportunities such that the state needs to take action to correct and eliminate these discrepancies.
(5) It is the public policy of this state to encourage and facilitate the development and investment in advanced communications capabilities and broadband facilities and services in those rural and underserved areas in the state, as this development is vital and necessary to induce, create, and promote industrial and economic development in those rural and underserved areas of the state and to create job opportunities, enhance health care, and enhance educational advancement in those areas.
(6) It is the public policy of the state to promote the authorization of advanced communications capabilities to be installed by electric providers within existing easements and other rights-of-way.
(7) It is the intent of this chapter to authorize electric providers to engage in arrangements, contracts, and other collaborative activities with public or private persons to facilitate the investment in or development of advanced communications capabilities and broadband services and broadband systems in this state.
(8) The limited grant of authorization to electric providers in this chapter is reasonably related to the proposed legislative objective of providing advanced communications capabilities, broadband facilities, and services in rural, underserved, and unserved areas.
(b) Except as provided in subsection (a), nothing contained in this chapter is intended to exempt, except, or exclude providers that engage in the provision of broadband facilities or services through advanced communications capabilities from complying with any provisions of federal law which may at any time apply to the electric providers or their broadband facilities or services.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36779,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35727,"codeId":51387,"versionId":44046,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-3","shortTitle":"Section 37-16-3","catchLine":"Definitions.","title":"Section 37-16-3 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings:
(1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined from time to time as advanced telecommunications capabilities by the Federal Communications Commission (FCC) through regulations, statutes, or other written guidance or orders. The term also includes broadband systems and broadband services.
(2) BROADBAND AFFILIATE. A person that is at least 10 percent owned by an electric provider, controlled by way of ownership interests therein, directly or indirectly, by the electric provider, or under common control with the electric provider, and which is formed to provide, among other services, utility support services or nonutility support services.
(3) BROADBAND OPERATOR. A person that owns or operates a broadband system within an electric easement, including the electric provider if the electric provider is operating the broadband system and including a person that provides broadband services on a wholesale basis to another broadband operator or broadband service provider.
(4) BROADBAND SERVICE PROVIDER. A person that provides broadband services on a retail basis to end-use customers.
(5) BROADBAND SERVICES. The provision of connectivity to a high-speed, high-capacity transmission medium or to a technology supporting, in the provider-to-consumer (downstream) direction, a speed, in technical terms (“bandwidth”), with minimum download speeds of 25 megabits per second and minimum upload speeds of 25 megabits per second for either of the following:
a. To provide access to the Internet.
b. To provide computer processing, information sharing, information storage, information content, or protocol conversion, including any service application or information service over the electric delivery system of an electric provider, and includes any advanced communications capabilities that enable users to originate, send, and receive high-quality voice, data, graphics, video programming, and video communications using any technology including a broadband system.
(6) BROADBAND SYSTEM. Any of the following that may be used to facilitate, directly or indirectly, the provision or transmission of broadband services, whether utility support services or nonutility support services, or both: Materials; wires; cables, including fiber optic and copper cables, whether such cables are dark or lit, and whether such cables are in use or dormant; conduits; antennas; equipment; fixtures; switching multiplexers; poles; routers; switches; servers; appurtenances; facilities; and ancillary or auxiliary equipment.
(7) COMMISSION. The Alabama Public Service Commission.
(8) ELECTRIC DELIVERY SYSTEM. Any product, fixture, equipment, or technology, or part thereof, necessary or useful in supporting the generation, transmission, transformation, or distribution or delivery of electricity, including, but not limited to, generators, electric transmission facilities and lines, distribution facilities and lines, wires, cables, fiber optic cables, poles, transformers, antennas, anchors, guys, grounding systems, communications systems, insulators, conduits, and any other related or ancillary facilities or materials used by an electric provider to generate, transmit, transform, deliver, or distribute electric energy, as such lines and facilities may exist from time to time and whether such lines or facilities are aboveground or underground.
(9) ELECTRIC EASEMENT. Any recorded or unrecorded easement or right-of-way in favor of an electric provider that permits the siting and use of an electric delivery system on, over, under, or across the land of a property owner, regardless of whether the easement or right-of-way is for the exclusive benefit of the electric provider or for use in connection with the provision of other services, and regardless of whether the electric provider provides the other services. Electric easements include, but are not limited to, easements obtained under a law of this state, or by any of the following methods: Negotiation, condemnation, prescription, or grant, including, but not limited to, a grant pursuant to a bylaw provision, service agreement, or membership agreement, rate schedule, tariff, rule, regulation, practice, act, requirement, or privilege.
(10) ELECTRIC PROVIDER. A utility, as defined under paragraph a. of subdivision (7) of Section 37-4-1; or a cooperative nonprofit, membership organization formed, incorporated, or reincorporated under Chapter 6 of Title 37, that produces, generates, transmits, delivers, distributes, or furnishes electricity; or any board, authority, or public corporation incorporated or organized under Article 9, Article 15, or Article 16 of Chapter 50 of Title 11, for the operation of an electric distribution system; or a municipal corporation that operates an electric distribution system.
(11) NONUTILITY SUPPORT SERVICES. Broadband services and related services that support services, uses, or purposes other than utility support services.
(12) PERSON. An individual, trust, estate, corporation, partnership, limited partnership, limited liability partnership, or limited liability company having a separate legal existence under state law.
(13) UTILITY SUPPORT SERVICES. Broadband services and related services, uses, or purposes that support the operational performance and service reliability of the electric delivery system of an electric provider, including, but not limited to, all of the following:
a. Automated meter reading.
b. Real-time or other system monitoring.
c. Remote service control.
d. Outage detection and restoration.
e. Predictive maintenance and diagnostics.
f. Monitoring and enhancement of power quality, load control, voltage control, and flow.
g. Supervisory control and data acquisition.
h. Management and flow of electricity.
i. Internal communications.
j. Dispatch, start-up, ramping, shutdown, curtailment, scheduling, or control of electric generation, transmission, or distribution of resources or ancillary services relating thereto, including, but not limited to, generator imbalance, spinning and non-spinning reserves, and reserve sharing.
k. All other uses supporting the reliability, resilience, and security of the electric delivery system.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36780,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35728,"codeId":51388,"versionId":44047,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-4","shortTitle":"Section 37-16-4","catchLine":"Powers of Electric Providers; Access to Broadband System; Rate Methodology and Terms of Access; Limitations; Annual Report.","title":"Section 37-16-4 Powers of Electric Providers; Access to Broadband System; Rate Methodology and Terms of Access; Limitations; Annual Report.","sectionRange":null,"content":"(a) To the extent not otherwise authorized by law, and in addition to all other purposes, powers, and authority currently granted to electric providers under the laws of this state, an electric provider may do all of the following:
(1) Own, operate, maintain, construct, install, and replace a broadband system on, over, under, or across the electric provider’s electric easements, whether used for or supporting utility support services or used for or supporting nonutility support services, whether on a wholesale or retail basis.
(2) Allow a broadband affiliate or an unaffiliated person to own, lease, manage, construct, superintend, install, operate, maintain, and replace a broadband system on, over, under, or across the electric provider’s electric easements, on such terms and conditions as specified by the electric provider, whether used for or supporting utility support services or used for or supporting wholesale or retail nonutility support services, including the power and authority to apportion the electric easement, to grant licenses, and to grant other usage or operational rights to other broadband operators for the broadband system located within the electric easements.
(3) Provide broadband services, whether used for or supporting utility support services or for wholesale or retail nonutility support services.
(4) Allow a broadband affiliate or an unaffiliated person to provide broadband services over or through a broadband system within the electric easements of an electric provider, on such terms and conditions as specified by the electric provider, whether used for or supporting utility support services or used for or supporting wholesale or retail nonutility support services.
(b) In furtherance of its authority under subsection (a), an electric provider shall have the sole authority to determine which broadband affiliate or unaffiliated person, including a broadband operator or broadband service provider, may have access to the broadband system within its electric easements and on its electric delivery system and to determine the terms and conditions on which the broadband affiliate or unaffiliated person may access the broadband system, including, without limitation, whether the access will be on an exclusive or non-exclusive basis.
(c) An electric provider engaged in providing retail nonutility support services shall apply the same rate methodology to determine pole attachment rates, and shall require the same terms and conditions of access, for pole attachments to its electric delivery system for its broadband services, with such methodology and terms of access to be determined at the time of the applicable pole attachment request, as the provider applies for pole attachments to its electric delivery system by persons not affiliated with the electric provider. Nothing in this subsection shall apply to an electric provider that is a Tennessee Valley Authority distributor or to an electric provider that is a utility as defined under paragraph a. of subdivision (7) of Section 37-4-1.
(d) This chapter does not require or obligate an electric provider to install or implement a broadband system or advanced communications capabilities, to provide broadband services, or to allow others to install a broadband system or facilities or use the electric provider’s electric easements and electric delivery system to provide broadband services.
(e) An electric provider may not require any person to purchase broadband services from the electric provider, a broadband affiliate, or unaffiliated broadband operator or broadband service provider as a condition of receiving or continuing to receive electric energy from the electric provider.
(f) An electric provider shall not disconnect any customer from receiving electric services pursuant to its electric delivery system due to the customer’s failure to pay for broadband services provided to the customer by the electric provider or its broadband affiliate.
(g) By June 30 of each year, an electric provider engaged in providing retail nonutility support services directly or through a broadband affiliate shall provide a report to the Legislature detailing its pole attachment rates. This subsection does not apply to an electric provider that is a Tennessee Valley Authority distributor or to an electric provider that is a utility as defined under paragraph a. of subdivision (7) of Section 37-4-1.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36781,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35729,"codeId":51389,"versionId":44048,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-5","shortTitle":"Section 37-16-5","catchLine":"Effect of Chapter on Service Territories for Electric Suppliers.","title":"Section 37-16-5 Effect of Chapter on Service Territories for Electric Suppliers.","sectionRange":null,"content":"In no event does this chapter authorize any electric provider to provide retail electric service outside of its electric service territory as determined under the applicable provisions of Chapter 14. Nothing in this chapter is intended to amend, repeal, enlarge, or otherwise affect Chapter 14.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36782,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35730,"codeId":51390,"versionId":44049,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-6","shortTitle":"Section 37-16-6","catchLine":"Costs Charged for Construction, Installation, Maintenance, Etc., of Broadband System.","title":"Section 37-16-6 Costs Charged for Construction, Installation, Maintenance, Etc., of Broadband System.","sectionRange":null,"content":"An electric provider may charge a broadband affiliate or an unaffiliated person, including a broadband operator or broadband service provider, for the costs of the construction, installation, replacement, operation, use, and maintenance of the broadband system or of those parts of its electric delivery system that are used or may be reserved for use by the broadband affiliate or unaffiliated broadband operator or broadband service provider for the provision of broadband services. No electric provider shall be required to construct, install, replace, operate, or maintain a broadband system or to provide broadband services. An electric provider, broadband affiliate, or unaffiliated broadband operator or broadband services provider may charge for broadband services or any other uses of the broadband system, whether wholesale or retail, at rates determined by the provider thereof.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36783,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35731,"codeId":51391,"versionId":44050,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-7","shortTitle":"Section 37-16-7","catchLine":"Civil Action by Owner of Interest in Real Property Subject to Easement; Damages; Condemnation; Receipt of Rights by Grant or Agreement; Motice of Installation; Liability.","title":"Section 37-16-7 Civil Action by Owner of Interest in Real Property Subject to Easement; Damages; Condemnation; Receipt of Rights by Grant or Agreement; Motice of Installation; Liability.","sectionRange":null,"content":"(a) If the owner of an interest in real property subject to an electric easement contends that the owner’s property has been taken, injured, or destroyed by the construction, installation, use, or enlargement of broadband systems within the electric easement on the owner’s property and the electric easement does not expressly provide for such, the owner may file a civil action in the circuit court for the county in which the property is located to recover damages as specified by this section. All such actions must be brought within three years after the later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed within the electric easement on the owner’s real property. Nothing in this chapter shall revive any right or remedy which may have become barred by lapse of time, or by any law of this state, prior to August 1, 2019.
(b)(1) In any action under subsection (a), the measure of damages shall be an amount equal to the difference, if any, between the following:
a. The fair market value of the owner’s real property immediately before the construction or installation of broadband systems within the electric easement on the owner’s real property.
b. The fair market value of the owner’s real property immediately after the construction or installation of broadband systems within the electric easement on the owner’s real property.
(2) The damages, if any, shall be fixed and shall not be deemed to continue, accumulate, or accrue. The judgment in any such action for the plaintiff shall include the plaintiff’s costs and litigation expenses. Costs and litigation expenses authorized by this section may be claimed, taxed, and awarded under the same procedures that apply to costs in other civil actions. Payment of the judgment in any such action shall vest in the electric provider all property rights necessary to construct, use, install, operate, replace, and maintain, from time to time, the broadband systems within the electric easement on the owner’s real property and the electric easement shall be thereafter permanently expanded to include the right to construct, use, install, operate, replace, and maintain the broadband system and broadband services. The judgment shall have the same effect as a conveyance executed by the owner in due form under applicable law and shall run with the land. A certified copy of the judgment may be filed by the electric provider, a broadband affiliate, or other broadband operator in the land records of the county in which the subject property is located, but is not required to make such broadening of the electric easement effective. The expansion for the broadband system shall include the broadband system within the maintenance, egress, and ingress provisions of the electric easement.
(c) The civil action and measure of damages authorized by this section shall be the exclusive remedy for any and all claims that the owner’s property has been taken, or the scope of the electric easement exceeded, by the construction, installation, use, or enlargement of broadband systems within the electric easement on the owner’s property, and the owner may not assert any other theory, claim, or cause of action, either at law or in equity, nor recover any other damages, including, without limitation, consequential, compensatory, and punitive damages, or equitable relief.
(d) An owner bringing an action under this section may not bring an action on behalf of a class. The limitation in this subsection is a substantive limitation and allowing an owner to bring a class action or other representative action for a violation of this chapter would abridge, enlarge, or modify the substantive rights created by this section.
(e) An electric provider may acquire by condemnation ways, rights-of-way, and easements, without limitation as to width, on, over, under, or across the lands or easements of others, to erect, construct, replace, use, install, operate, and maintain advanced communications capabilities. Such condemnation is to be conducted in accordance with the procedures of Chapter 1A of Title 18, except as otherwise provided in this chapter.
(f) An electric provider, broadband affiliate, or unaffiliated broadband operator or broadband service provider may receive such rights from an owner of real property by service agreement or service regulation, membership agreement, license agreement, or other agreement to serve the property with advanced communications capabilities without granting an easement or right-of-way. The grant or agreement may permit the construction, installation, replacement, operation, use, and maintenance of the advanced communications capabilities on the property without the requirement of further consent of any other tenant, concessionaire, or occupant of that property.
(g) With respect to the installation of broadband systems within an electric easement in effect prior to August 1, 2019, the electric provider shall provide the same notice as is required by the express terms of the electric easement, if any, or as required by other applicable law for the construction or installation of the electric delivery system within the electric easement. With respect to the installation of broadband systems within an electric easement that is acquired other than by condemnation after August 1, 2019, the electric provider shall provide such notice as is required by the express terms of the document creating the electric easement, if any; or if there is no written document creating the electric easement or no express terms in the document, the electric provider shall provide notice to the owner of the real property subject to the electric easement by informing such owner of the installation of the broadband system within the electric easement prior to installation. Notice shall be sufficient if mailed to the name and address of the owner or owners listed in the real property ad valorem tax records for the county where the real property is located. Nothing in this section shall require the notice from the electric provider when the electric easement is acquired by condemnation or pursuant to an expansion of the electric easement by civil action commenced by the owner.
(h) Nothing in this chapter shall be deemed to relieve the broadband operator, broadband service provider, or electric provider from liability for bodily injury or physical damage to real or personal property located adjacent to the electric easement.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36784,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35732,"codeId":51392,"versionId":44051,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-8","shortTitle":"Section 37-16-8","catchLine":"Construction of Chapter.","title":"Section 37-16-8 Construction of Chapter.","sectionRange":null,"content":"(a) Nothing in this chapter shall interfere with the commission’s authority to regulate public utilities under this title. Nothing in this chapter shall provide a basis for creating or granting jurisdiction to the commission over any electric providers or any broadband affiliate that are otherwise exempt or are otherwise not subject to the jurisdiction of the commission.
(b) Nothing in this chapter shall affect, abrogate, or eliminate in any way any obligation of an electric provider or any broadband affiliate or broadband operator to comply with any applicable safety and permitting requirements of any railroad company or any state governmental body or agency with respect to property that is held or controlled by such railroad company or state governmental body or agency, as the case may be, and in, on, over, or across which an easement is located.
(c) Any broadband system that encumbers the right-of-way of the Department of Transportation shall require a permit from the department regardless of whether the broadband system is within a currently permitted electric easement or an electric delivery system. Nothing in this chapter shall provide an exemption from an existing applicable regulation regarding access to county rights-of-way or be construed to abrogate, limit, expand, or otherwise affect the authority of a municipality to regulate the use of municipal streets and rights-of-way.
(d) Except as provided in this section, nothing in this chapter is intended to expand or contract an electric provider’s rights and obligations with regard to applicable laws in connection with pole attachments to its electric delivery system, or the terms of any pole attachment agreement in effect with its electric delivery system.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36785,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35733,"codeId":51393,"versionId":44052,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-9","shortTitle":"Section 37-16-9","catchLine":"Allocation and Accounting of Marginal Costs Related to Nonutility Support Services; Investments In, Loans To, Leases with Broadband Affiliates.","title":"Section 37-16-9 Allocation and Accounting of Marginal Costs Related to Nonutility Support Services; Investments In, Loans To, Leases with Broadband Affiliates.","sectionRange":null,"content":"(a) An electric provider providing broadband services shall fully allocate and properly account for all marginal costs, including the internal imputation of such costs when the electric provider does not provide broadband services through an affiliate, related to the provision of nonutility support services, including any transactions provided for in subsection (b), and shall not use its electric services sales revenues for the subsidization of such nonutility support services. No transaction treated in accordance with subsection (b) shall be considered a cross-subsidy. Nothing in this subsection shall apply to an electric provider that is a Tennessee Valley distributor or an electric provider that is a utility as defined under paragraph a. of subdivision (7) of Section 37-4-1.
(b) Nothing in this section shall prevent an electric provider from making investments in broadband affiliates otherwise permitted by applicable law, making loans to broadband affiliates otherwise permitted by applicable law which have a repayment obligation from the affiliate, entering into capital or operating leases with the broadband affiliate, or entering into guarantees or other security arrangements for the benefit of a broadband affiliate, all on such terms and subject to such conditions as the board approves in the case of member cooperatives which are electric providers or as determined to be prudent or appropriate under applicable law in the case of other electric providers. An electric provider that is not a Tennessee Valley distributor or a utility as defined under paragraph a. of subdivision (7) of Section 37-4-1 shall separately allocate and account for all transactions described in this subsection as set forth in subsection (a).
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36786,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35734,"codeId":51394,"versionId":44053,"parentId":51384,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-16-10","shortTitle":"Section 37-16-10","catchLine":"Limitation of Source of Funds.","title":"Section 37-16-10 Limitation of Source of Funds.","sectionRange":null,"content":"In no event shall funds be appropriated from the Education Trust Fund under this chapter.
","history":"(Act 2019-326, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36787,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35735,"codeId":53323,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"17","shortTitle":"Chapter 17","catchLine":"Small Wireless Facilities","title":"Chapter 17 Small Wireless Facilities","sectionRange":"§37-17-1 to §37-17-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36788,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35736,"codeId":53324,"versionId":46252,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-1","shortTitle":"Section 37-17-1","catchLine":"Definitions.","title":"Section 37-17-1 Definitions.","sectionRange":null,"content":"When used in this chapter, the following words shall have the following meanings:
(1) ANTENNA. An apparatus designed for the purpose of emitting radio frequency, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service. For purposes of this subdivision, the term does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part 15.
(2) ANTENNA EQUIPMENT. Equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed locations as the antenna, and, when collocated on a structure, mounted or installed at the same time as the antenna.
(3) ANTENNA FACILITY. An antenna and associated antenna equipment.
(4) APPLICATION. A request by a wireless provider to collocate, mount, or install small wireless facilities on or adjacent to an existing, new, or replacement pole; or to install, modify, or replace a pole associated with a small wireless facility.
(5) AUTHORITY. The state or any agency, county, municipality, district, or instrumentality thereof. The term does not include state courts having jurisdiction over an authority.
(6) COLLOCATE or COLLOCATION. Either of the following:
a. Mounting or installing an antenna facility on a pre-existing structure.
b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
(7) COMMUNICATIONS FACILITY. The set of equipment and network components, including wires, cables, and associated facilities, used by a communications service provider.
(8) COMMUNICATIONS SERVICE. Any of the following: Cable service, as defined in 47 U.S.C. § 522; information service, as defined in 47 U.S.C. § 153; telecommunications service, as defined in 47 U.S.C. § 153; and wireless service.
(9) COMMUNICATIONS SERVICE PROVIDER. A provider of communications services.
(10) ELECTRIC PROVIDER. An entity listed in subsection (a) of Section 37-17-6.
(11) MICRO WIRELESS FACILITY. A small wireless facility that meets both of the following qualifications:
a. It is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height.
b. Any exterior antenna is no longer than 11 inches.
(12) NETWORK INTERFACE DEVICE. The telecommunications demarcation device and cross-connect point adjacent to the wireless facility or the structure supporting the wireless facility and demarcating the boundary with any wireline backhaul facility.
(13) POLE. A pole in the right-of-way that is or may be used in whole or in part by or for wireline communications, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities. The term does not include a building; billboard; monopole; tower, either guyed or self-supporting; or an electric distribution or transmission structure. Poles owned by an electric provider are excluded from this chapter under Section 37-17-6.
(14) SMALL WIRELESS FACILITY. A facility that meets each of the following conditions:
a. The facilities are any of the following:
1. Mounted on structures 50 feet or less in height, including the antennas.
2. Mounted on structures no more than 10 percent taller than other adjacent structures.
3. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater.
b. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.
c. All other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.
d. The facilities do not require antenna structure registration under 47 C.F.R. Part 17.
e. The facilities are not located on tribal lands, as defined under 36 C.F.R. § 800.16.
f. The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
(15) STRUCTURE. A pole; tower, as defined in 47 C.F.R. § 1.6100(b); base station, as defined in 47 C.F.R. § 1.6100(b); or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service.
(16) WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following: Equipment associated with wireless communications; and radio transceivers, antennas, coaxial, metallic, or fiber-optic cable located on, in, or under a pole or wireless support structure, or otherwise adjacent to such structures, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include any of the following: The structure or improvements on, under, or within which the equipment is collocated; wireline backhaul facilities; or coaxial, metallic or fiber-optic cable that is between structures or that is otherwise not adjacent to a particular antenna or the structure supporting the antenna.
(17) WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications service in the state, that builds or installs facilities for the provision of wireless service, but that is not either a wireless service provider or an electric provider.
(18) WIRELESS PROVIDER. A wireless infrastructure provider or a wireless service provider.
(19) WIRELESS SERVICE. Any services using licensed or unlicensed radio spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public. The term does not include services provided by an electric provider using wireless devices, facilities, or equipment in support of services of the electric provider.
(20) WIRELESS SERVICE PROVIDER. A person who provides wireless service.
(21) WIRELINE BACKHAUL FACILITY. An above-ground or underground wireline facility used to transport communications data or other electronic communications from a wireless facility network interface device to a communications network.
","history":"(Act 2021-5, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36789,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35737,"codeId":53325,"versionId":46253,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-2","shortTitle":"Section 37-17-2","catchLine":"Rights of Authorities Regarding Small Wireless Facilities and Associated Poles.","title":"Section 37-17-2 Rights of Authorities Regarding Small Wireless Facilities and Associated Poles.","sectionRange":null,"content":"(a) An authority may not deny a wireless provider the right, as a permitted use subject to Section 37-17-3 and the authority’s requirements not in conflict with this chapter or a then-existing final order of the Federal Communications Commission (FCC), to do either of the following:
(1) Collocate, mount, or install small wireless facilities on or adjacent to existing, new, or replacement poles in the right-of-way.
(2) Install, modify, or replace its own poles, or, with the permission of the owner, a third party’s poles, associated with a small wireless facility, along, across, upon, and under the right-of-way controlled by the authority.
(b) For purposes of this section, any new or modified pole may not exceed the greater of either of the following:
(1) Ten feet in height above the tallest existing pole in place as of July 1, 2021, located within 500 feet of the new pole in the same right-of-way controlled by the authority.
(2) Fifty feet above ground level.
(c) The small wireless facilities and associated poles shall be installed and maintained in accordance with the authority’s requirements not in conflict with this chapter or a then-existing final order of the FCC and as not to obstruct or hinder the usual travel and public safety on the right-of-way and adjacent roads and bridges or obstruct the legal use of the right-of-way by utilities.
(d) A wireless provider may collocate a small wireless facility and install, maintain, modify, operate, and replace a pole that exceeds these height limits along, across, upon, and under the right-of-way, subject to applicable zoning regulations or other applicable requirements of the authority.
","history":"(Act 2021-5, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36790,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35738,"codeId":53326,"versionId":46254,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-3","shortTitle":"Section 37-17-3","catchLine":"Exemption from Zoning Review or Approval; Application Procedures; Permits.","title":"Section 37-17-3 Exemption from Zoning Review or Approval; Application Procedures; Permits.","sectionRange":null,"content":"(a) Subject to the limitations established in this chapter, small wireless facilities and associated poles are not subject to zoning review or approval if they are located in the right-of-way under the control of an authority and otherwise comply with this chapter and a then-existing final order of the Federal Communications Commission.
(b) Within 10 days of receiving an application, an authority shall determine and notify the applicant in writing whether the application is complete. If the authority determines the application is incomplete, the authority shall specifically identify the missing information and specify the requirement creating the obligation to submit the missing documents or information in the written notice. If the written notice of incompleteness is provided within 10 days of receiving the application, the processing deadlines in subsection (c) shall restart at zero on the date the applicant submits all the documents and information identified by the authority to render the application complete.
(c) Applications shall be processed on a nondiscriminatory basis. Applications not requiring a written notice of incompleteness shall be approved or denied within the following: 60 days of receipt of an application involving collocation of a small wireless facility using an existing structure; and 90 days of receipt of an application involving deployment of a small wireless facility using a new or replacement pole. For those applications requiring a resubmittal following the delivery of a written notice of incompleteness, the time limitations for approval or denial established in this subsection shall begin on the first date after receipt of all the documents and information identified by the authority. The processing deadline may be tolled by agreement of the applicant and the authority. If an authority fails to act on an application within the review period provided for in this subsection, the applicant may provide the authority, by certified mail, a formal notice stating that unless the authority approves or denies the application within 20 days from receipt of the notice, the application and any associated permits will be deemed granted by operation of law on the twenty-first day from receipt of the notice.
(d) An authority shall approve an application if it complies with the authority’s requirements for deploying small wireless facilities and associated poles in the right-of-way that are written, generally applicable, and adopted in advance.
(e) An applicant seeking to collocate, mount, or install small wireless facilities or to install, modify, or replace an associated pole within the jurisdiction of a single authority may file a consolidated application for small wireless facilities and associated poles, provided that the consolidated application shall be for a geographic area no more than two miles in diameter. The approval of the consolidated application shall apply to the collocation, mounting, or installation of the multiple small wireless facilities or associated poles. The denial of one or more single small wireless facilities or associated poles that are part of a consolidated application may not constitute a reason for denying the remaining small wireless facilities or associated poles included in the consolidated application. A consolidated application that includes a request to install, modify, or replace a pole shall be processed in accordance with the procedures and shall be subject to the 90-day review period established in this chapter.
(f) An authority may not require an application or any other approval or charge fees or rates for any of the following that are in compliance with any applicable codes:
(1) Routine maintenance conducted on small wireless facilities by the holder of an approved application for the small wireless facilities, provided the right-of-way is restored to the pre-maintenance condition.
(2) The replacement of small wireless facilities that are operated by the holder of an approved application for the small wireless facilities, are substantially similar or the same size or smaller, and still qualify as a small wireless facility.
(3) The deployment, installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between existing poles by an entity with a franchise agreement or other valid authorization which allows the entity to deploy communications facilities in the rights-of-way.
(g) Notwithstanding subsection (f), the deployment of a micro wireless facility that requires the installation, placement, or replacement of any ground-mounted facilities in the right-of-way shall be subject to any applicable authority permitting processes.
(h) Notwithstanding subsection (f), an authority may require a permit for work that requires excavation or the closure of sidewalks or vehicular lanes or that otherwise hinders the usual travel or public safety on the right-of-way or adjacent roads and bridges or obstructs the legal use of the right-of-way by utilities. The permit shall be issued to the applicant on a non-discriminatory basis upon terms and conditions applied to any other person’s activities in the right-of-way that require excavation or the closure of sidewalks or vehicular lanes.
(i) In the event of any action under subsection (f), the roads, bridges, and rights-of-way, to the extent practicable in the reasonable judgment of the authority, shall be restored to the condition prior to the action conducted by the entity.
(j)(1) As part of the application process, an authority may require a small wireless facility to be fully operational within 360 days after the date the last or final permit is issued, subject to the availability of wireline backhaul, electric power, or other matters beyond the control of the applicant. The authority and the applicant may agree to extend the period.
(2) If a small wireless facility is not operational in the time established under subdivision (1), the authority, after providing 20-day prior written notice and reasonable opportunity to cure, may do either or both of the following:
a. Cancel the authority’s approval of the small wireless facility or any associated new pole.
b. Cause the removal of the small wireless facility or any associated new pole by the wireless provider at the wireless provider’s sole expense and in a time the authority specifies after providing prior written notice to the wireless provider.
","history":"(Act 2021-5, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36791,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35739,"codeId":53327,"versionId":46255,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-4","shortTitle":"Section 37-17-4","catchLine":"Collocation of Small Wireless Facilities; Performance of Make-Ready Work; Costs.","title":"Section 37-17-4 Collocation of Small Wireless Facilities; Performance of Make-Ready Work; Costs.","sectionRange":null,"content":"(a) Subject to Sections 37-17-2, 37-17-3, and 37-17-5, an authority shall allow the collocation of small wireless facilities on existing poles, other than any poles owned by an electric provider, owned or controlled by an authority and the mounting or installation of small wireless facilities on replacement poles, other than any poles owned by an electric provider, owned or controlled by an authority on nondiscriminatory terms and conditions that comply with this chapter.
(b) For structures owned or controlled by an authority, an authority may provide a wireless provider the option of either having the wireless provider perform any necessary make-ready work through the use of qualified contractors or having the authority perform any necessary make-ready work at the sole cost of the wireless provider. If the authority performs the make-ready work, the authority shall provide a good faith estimate of the make-ready work, including any pole replacement costs. Make-ready work shall be completed within 60 days after a written acceptance of the good faith estimate by the applicant.
(c) On completion of the make-ready work performed by an authority at the request of a wireless provider, the wireless provider, within 60 days of invoicing, shall reimburse the authority for the authority’s actual and documented cost of the make-ready work, including labor and materials. The cost invoiced to the wireless provider may not exceed the good faith estimate by more than 10 percent.
","history":"(Act 2021-5, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36792,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35740,"codeId":53328,"versionId":46256,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-5","shortTitle":"Section 37-17-5","catchLine":"Permit Application Fees; Access Rates.","title":"Section 37-17-5 Permit Application Fees; Access Rates.","sectionRange":null,"content":"(a) Application fees for permits for small wireless facilities shall be nondiscriminatory and may not exceed the following:
(1) A five hundred dollar ($500) non-recurring fee for a single up-front application for collocation that includes up to five small wireless facilities, with an additional one hundred dollars ($100) for each small wireless facility beyond five in a consolidated application.
(2) A two hundred fifty dollar ($250) non-recurring fee for the modification or replacement of an existing pole together with the mounting or installation of an associated small wireless facility in the right-of-way.
(3) A one thousand dollar ($1,000) non-recurring fee for the installation of a new pole together with the mounting or installation of an associated small wireless facility in the right-of-way.
(b) If an authority elects to charge for access to the right-of-way or collocation on poles owned or controlled by the authority in the right-of-way for small wireless facilities, the rates shall be nondiscriminatory and may not exceed one hundred dollars ($100) per small wireless facility per year for access to and use of the right-of-way and one hundred seventy dollars ($170) per year per small wireless facility collocated, mounted, or installed on or adjacent to poles owned or controlled by an authority.
","history":"(Act 2021-5, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36793,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35741,"codeId":53329,"versionId":46257,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-6","shortTitle":"Section 37-17-6","catchLine":"Chapter Inapplicable to Certain Entities.","title":"Section 37-17-6 Chapter Inapplicable to Certain Entities.","sectionRange":null,"content":"(a) This chapter does not apply to any poles or structures owned by an electric provider, whether used for lighting, distribution, transmission, or otherwise. This chapter also does not apply to the equipment, easements, or business activities of any of the following:
(1) A utility, as defined under Section 37-4-1.
(2) Any board or public corporation incorporated or organized for the acquisition or operation of an electric distribution system under Chapter 50 of Title 11, including, but not limited to, Sections 11-50-490 through 11-50-506, and any city or town that shall have established and is operating a system for the distribution of electric power and energy pursuant to Article 1 of Chapter 50 of Title 11.
(3) An electric cooperative incorporated or organized under Chapter 6.
(4) An electric membership corporation incorporated or organized under Chapter 7.
(5) The parents, affiliates, or subsidiaries of any of the entities described in this section, provided they are not acting as a wireless provider.
(b) Nothing in this chapter shall affect or alter, or be construed to affect or alter, the terms of any pole attachment agreement entered into between or among a wireless provider and an electric provider.
(c) When a wireless provider collocates, installs, or mounts a small wireless facility pursuant to a pole attachment agreement with an electric provider, an authority may only restrict the wireless provider’s access to the right-of-way as described in Section 37-17-2. In such a situation, the authority shall comply with the application process set forth in Section 37-17-3, and any fees and rates paid to the authority by the wireless provider are subject to the limits set forth in Section 37-17-5.
","history":"(Act 2021-5, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36794,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35742,"codeId":53330,"versionId":46258,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-7","shortTitle":"Section 37-17-7","catchLine":"Liability of Authorities.","title":"Section 37-17-7 Liability of Authorities.","sectionRange":null,"content":"(a) An authority exercising its authority established by this chapter may not be subject to suit or otherwise be responsible for the alleged negligence, wantonness, willfulness, recklessness, or any other claims for alleged wrongful acts or omissions of wireless providers or their officers, agents, contractors, subcontractors, employees, or other representatives relative to the design, location, placement, construction, maintenance, and operation of small wireless facilities in an authority’s right-of-way or on an authority’s infrastructure.
(b) Wireless providers shall indemnify authorities and their elected and appointed officials, employees, and authorized agents, or their insurers, and hold them harmless from and against any and all claims, demands, actions, suits, or proceedings in equity or law asserted by third parties for damages, losses, liabilities, or costs of any kind, including, without limitation, reasonable attorney’s fees, as and when incurred that arise from a material breach by a wireless provider or any of its officers, employees, volunteers, or authorized agents of any obligations set forth in this chapter; or for any claims for the alleged negligence, wantonness, willfulness, recklessness, or claims of any other alleged wrongful acts or omissions of wireless providers or their officers, agents, contractors, subcontractors, employees, or other representatives relative to the design, location, placement, construction, maintenance, and operation of small wireless facilities in an authority’s rights-of-way or on an authority’s infrastructure. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses due to or caused by the sole negligence or willful misconduct of an authority or its employees or agents.
","history":"(Act 2021-5, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36795,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35743,"codeId":53331,"versionId":46259,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-8","shortTitle":"Section 37-17-8","catchLine":"Insurance Requirements.","title":"Section 37-17-8 Insurance Requirements.","sectionRange":null,"content":"(a) Except as authorized under subsection (b), during the period in which the small wireless facilities of a wireless provider are located on or attached to the authority’s assets, including its poles, or rights-of-way, the authority may require a wireless provider to do both of the following:
(1) Carry, at the wireless provider’s sole cost and expense, the following types of third-party insurance:
a. Property insurance for the replacement cost of all small wireless facilities.
b. Workers’ compensation insurance, as required by law.
c. Commercial general liability insurance of at least two million dollars ($2,000,000) per occurrence, with respect to the wireless providers activities in, on, or around the authority improvements or rights-of-way, including coverage for bodily injury and property damage.
d. Environmental insurance.
(2) Include the authority and its officers, officials, agents, contractors, and employees as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the authority in a commercial general liability policy as reasonably required by the authority.
(b) In lieu of the requirements of subdivisions (1) and (2) of subsection (a), during the period in which the small wireless facilities of a wireless provider are located on or attached to the authority’s assets, including its poles, or rights-of-way, the authority may allow the wireless provider to provide a certificate of self-insurance, acceptable to the authority, that demonstrates that the wireless provider has adequate resources to self-insure in the amounts set forth in subdivision (a)(1).
","history":"(Act 2021-5, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36796,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35744,"codeId":53332,"versionId":46260,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-9","shortTitle":"Section 37-17-9","catchLine":"Removal, Relocation, Change, Etc., of Small Wireless Facilities; Written Order; Failure to Comply.","title":"Section 37-17-9 Removal, Relocation, Change, Etc., of Small Wireless Facilities; Written Order; Failure to Comply.","sectionRange":null,"content":"(a) An authority may order a wireless provider to remove, relocate, change, or otherwise alter the wireless provider’s small wireless facility or pole for any of the following reasons, so long as all other occupiers of the same right-of-way remove, relocate, change, or otherwise alter their facilities under the same conditions as the wireless provider:
(1) To perform construction, repair, maintenance, or installation of an authority improvement in or upon the right-of-way or the operations of the authority in or upon the right-of-way.
(2) When the small wireless facility or pole is interfering with or adversely affecting the proper operation of an authority pole, traffic signal, or other equipment in the right-of-way.
(3) To comply with traffic and public safety codes.
(b) Within 90 days of the issuance of a written order from an authority, a wireless provider, at its own expense, shall temporarily or permanently protect, support, disconnect, remove, relocate, change, or otherwise alter the position of a small wireless facility or pole within the right-of-way.
(c) When an authority orders a wireless provider to remove, relocate, change, or alter the position of a small wireless facility or pole within the right-of-way, the authority shall use its best efforts to give the wireless provider a reasonably equivalent alternative location.
(d) If a wireless provider has not complied with an order under subsection (a) within 90 days of the issuance of a written order, the authority, without further notice to the wireless provider and at sole cost and expense to the wireless provider, may relocate any small wireless facility or pole as ordered by the authority.
(e) Notwithstanding any other provision of this section, an authority may remove a small wireless facility or pole if the authority determines that the removal is necessary to address an imminent risk to public safety. If circumstances permit, the authority shall provide notice to the wireless provider and an opportunity for the wireless provider to move its own small wireless facility or pole to address the risk. An authority that removes a facility or pole under this subsection shall promptly notify the wireless provider of the removal.
","history":"(Act 2021-5, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36797,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35745,"codeId":53333,"versionId":46261,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-10","shortTitle":"Section 37-17-10","catchLine":"Construction and Application of Chapter.","title":"Section 37-17-10 Construction and Application of Chapter.","sectionRange":null,"content":"(a) Nothing in this chapter shall be interpreted to allow any entity to provide communications services without compliance with all laws applicable to communications service providers. Nor shall this chapter be interpreted to authorize the collocation, installation, placement, maintenance, or operation of any communications facility, including a wireline backhaul facility, in the rights-of-way, other than a small wireless facility or associated pole.
(b) Except as it relates to small wireless facilities subject to the permit and fee requirements established pursuant to this chapter, and except as it relates to any activities of an electric provider, and except as it relates to regulations or requirements on communications service specifically established by the constitution or by state law, local law enacted by the Legislature, or federal law, an authority may not otherwise adopt or enforce regulations or requirements on the placement, operation, or maintenance of communications facilities by a communications service provider authorized to be in the rights-of-way; or otherwise impose or collect any additional or separate tax, fee, or charge for any service existing on July 1, 2021, or for the provision of additional communications services provided by a communications service provider that is authorized to be in the rights-of-way.
","history":"(Act 2021-5, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36798,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35746,"codeId":53334,"versionId":46262,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-11","shortTitle":"Section 37-17-11","catchLine":"Exemptions from Chapter.","title":"Section 37-17-11 Exemptions from Chapter.","sectionRange":null,"content":"This chapter does not apply to an authority that has entered into an agreement with a wireless provider, or that has adopted an ordinance or other resolution, relating to the permitting of small wireless facilities and poles in the rights-of-way of the authority before May 1, 2021. In order to remain exempt from this chapter, an authority shall modify the local agreement, ordinance, or resolution to be in compliance with applicable federal laws, orders, or regulations within 90 days from a final non-appealable federal order, rule, or regulation relating to small wireless facilities.
","history":"(Act 2021-5, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36799,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35747,"codeId":53335,"versionId":46263,"parentId":53323,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-17-12","shortTitle":"Section 37-17-12","catchLine":"Construction with Federal Regulations, Rulings, Etc.; Application Denials by Alabama Department of Transportation.","title":"Section 37-17-12 Construction with Federal Regulations, Rulings, Etc.; Application Denials by Alabama Department of Transportation.","sectionRange":null,"content":"(a) Where this chapter is divergent with any regulations, rulings, or guidance provided by the Federal Highway Administration, the Alabama Department of Transportation shall follow the Federal Highway Administration requirements.
(b) Notwithstanding any provision of this chapter to the contrary, the Alabama Department of Transportation may deny any application for placement, modification, or maintenance of wireless facilities, on new or pre-existing structures, within the department’s right-of-way where the department determines that the placement or maintenance activity would impede the operation or safety of a transportation facility. Small wireless facilities shall not be permitted on any interstate right-of-way.
","history":"(Act 2021-5, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36800,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35748,"codeId":53588,"versionId":null,"parentId":37,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"18","shortTitle":"Chapter 18","catchLine":"Utility Services.","title":"Chapter 18 Utility Services.","sectionRange":"§37-18-1 to §37-18-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36801,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35749,"codeId":53589,"versionId":46477,"parentId":53588,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-18-1","shortTitle":"Section 37-18-1","catchLine":"Definitions.","title":"Section 37-18-1 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following terms shall have the following meanings:
(1) GOVERNMENTAL ENTITY. The state or any political subdivision thereof, or any executive or legislative department, unit, agency, board, commission, or authority of the state, or any political subdivision, or any public corporation, authority, agency, board, commission, or other governmental entity controlled by the state or by any political subdivision of the state.
(2) UTILITY SERVICE. Electrical, natural gas, or propane gas service provided to an end user.
","history":"(Act 2021-336, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36802,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35750,"codeId":53590,"versionId":46478,"parentId":53588,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-18-2","shortTitle":"Section 37-18-2","catchLine":"Prohibition Against Restricting Use of a Utility Service by a Provider Authorized to Do Business in Alabama.","title":"Section 37-18-2 Prohibition Against Restricting Use of a Utility Service by a Provider Authorized to Do Business in Alabama.","sectionRange":null,"content":"Except as otherwise provided in this chapter, no governmental entity may adopt an ordinance, resolution, regulation, or policy that prohibits, or has the effect of restricting, a person’s or entity’s ability to use a utility service of a provider that is authorized to do business in this state.
","history":"(Act 2021-336, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36803,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35751,"codeId":53591,"versionId":46479,"parentId":53588,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-18-3","shortTitle":"Section 37-18-3","catchLine":"Exercise of Police Powers; Licenses and Permits; Propane Regulations.","title":"Section 37-18-3 Exercise of Police Powers; Licenses and Permits; Propane Regulations.","sectionRange":null,"content":"Nothing in this chapter shall be construed as affecting a governmental entity’s authority to do the following:
(1) Exercise existing police powers to review and approve an application before issuing building permits or to otherwise enforce building, fire, and other public safety codes or subdivision regulations. Provided, however, no governmental entity may deny a building permit or subdivision regulation application based solely on the type of utility service proposed for the project.
(2) License or permit a provider of a utility service, or regulate the use of rights-of-way by a provider of a utility service, in accordance with existing law. Provided, however, no governmental entity may deny a license or permit based solely on the type of utility service provided by the provider.
(3) Regulate the permitting, safe handling, storage, or use of propane gas.
","history":"(Act 2021-336, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36804,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35752,"codeId":53592,"versionId":46480,"parentId":53588,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-18-4","shortTitle":"Section 37-18-4","catchLine":"Relation to Rules of Alabama Public Service Commission.","title":"Section 37-18-4 Relation to Rules of Alabama Public Service Commission.","sectionRange":null,"content":"Nothing in this chapter shall be deemed to affect the rules of the Alabama Public Service Commission adopted in accordance with its powers under this title. This section does not limit or restrict the power or authority of a utility to take action pursuant to any rules of the commission or the practices established under the rules.
","history":"(Act 2021-336, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36805,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35753,"codeId":53593,"versionId":46481,"parentId":53588,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"37-18-5","shortTitle":"Section 37-18-5","catchLine":"Relation to Chapter 14.","title":"Section 37-18-5 Relation to Chapter 14.","sectionRange":null,"content":"Nothing in this chapter shall be deemed to amend, alter, modify, or in any way affect Chapter 14.
","history":"(Act 2021-336, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36806,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35754,"codeId":38,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"38","shortTitle":"Title 38","catchLine":"Public Welfare.","title":"Title 38 Public Welfare.","sectionRange":null,"content":null,"history":null,"numChildren":26,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36807,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35755,"codeId":6532,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"General Provisions.","title":"Chapter 1 General Provisions.","sectionRange":"§38-1-1 to §38-1-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36808,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35756,"codeId":6535,"versionId":5166,"parentId":6532,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-1-1","shortTitle":"Section 38-1-1","catchLine":"Definitions.","title":"Section 38-1-1 Definitions.","sectionRange":null,"content":"As used in this title, the following terms shall have the meanings ascribed to them in this section:
(1) DEPARTMENT or STATE DEPARTMENT. The State Department of Human Resources.
(2) BOARD or STATE BOARD. The State Board of Human Resources.
(3) COMMISSIONER. The Commissioner of the State Department of Human Resources.
(4) COUNTY DEPARTMENT. The department of human resources in each of the 67 counties.
(5) COUNTY BOARD. The county board of human resources.
(6) COUNTY DIRECTOR. The director of each county department of human resources.
(7) BLIND ASSISTANCE. Money payments with respect to needy blind persons.
(8) OLD AGE PENSIONS. Money payments with respect to a needy person who has attained the age of 65 years and who has complied with the requirements of this title. Whenever the term “old age assistance” is used in the laws of this state, such term shall mean “old age pensions.”
(9) DEPENDENT CHILD. Any needy child coming within the definition of “dependent child” as defined in the Federal Social Security Act or amendments thereto.
(10) AID TO DEPENDENT CHILDREN. Such term shall have the same meaning as “aid to dependent children” as defined by the Federal Social Security Act or amendments thereto.
(11) AID TO THE PERMANENTLY AND TOTALLY DISABLED. Money payments with respect to a person 18 years of age or older who is permanently and totally disabled.
(12) CASE RECORD MATERIAL. The entire case record file pertaining to inquiries about, applicants for, or recipients of public assistance, including but not limited to, applications, narratives, budgets, face sheets, correspondence, authorizations of assistance, change of status forms, financial and statistical record cards and such other material or forms as have been used from time to time.
","history":"(Acts 1951, No. 703, p. 1211, §1; Acts 1955, No. 341, p. 763, §6; Acts 1961, No. 91, p. 105, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36809,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35757,"codeId":6538,"versionId":5169,"parentId":6532,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-1-2","shortTitle":"Section 38-1-2","catchLine":"Recipients’ Freedom of Choice in Selection of Specialists to Make Eye Examinations.","title":"Section 38-1-2 Recipients’ Freedom of Choice in Selection of Specialists to Make Eye Examinations.","sectionRange":null,"content":"No program of public assistance for the visually handicapped operated in Alabama shall be administered in such a way or manner as to prevent the beneficiaries or recipients thereof from having complete freedom of choice in the selection of professional assistance in conducting any examination of the eyes that may be required as a condition precedent to participation in such program or the receipt of such public assistance; and there shall be no discrimination practiced in any such program as to the kinds of specialists who will be permitted to make such examinations. Examinations made by licensed optometrists, licensed ophthalmologists, and physicians skilled in the treatment of diseases of the eye shall be accepted, paid for and treated alike.
The provisions of this section may be enforced by injunction issued by a court of competent jurisdiction on complaint of any party aggrieved by a violation thereof.
","history":"(Acts 1967, No. 510, p. 1225.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36810,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35758,"codeId":6543,"versionId":5173,"parentId":6532,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-1-3","shortTitle":"Section 38-1-3","catchLine":"Legal Representative for Handling Public Assistance Payments of Incompetents.","title":"Section 38-1-3 Legal Representative for Handling Public Assistance Payments of Incompetents.","sectionRange":null,"content":"If any otherwise qualified applicant for or recipient of public assistance appears to be incapable, physically or mentally, or both, of managing his public assistance payments, and has no legal guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the Department of Human Resources, or the Department of Human Resources may petition the probate judge for the appointment of a legal representative to handle his public assistance payments only. The petition shall be accompanied by a certificate in writing of a physician which certificate shall state that the physician upon examination believes the applicant or recipient to be physically or mentally, or both, incapable of managing his public assistance payments. The probate judge shall conduct a hearing for the purpose of appointing a competent person as legal representative after notice of at least 10 days in advance to the applicant or recipient, and within 30 days from receipt of the petition. If the probate judge finds that the allegations of the petition are supported by the evidence, he shall issue an order appointing a legal representative. Employees of the Department of Human Resources are expressly prohibited from serving as such legal representatives. When a legal representative is appointed, it shall be his duty to receive and disburse the recipient’s assistance payments on his behalf and to make to the court a true and accurate account thereof annually or as often as required by the court. Funds in the hands of such legal representative shall be expended only for the purpose contemplated by this section and only for the benefit of said public assistance recipient. The appointment of such legal representative shall not be considered as evidence of physical or mental incapacity in any other proceeding, and such appointment shall not be the basis for committing any person to any institution.
The legal representative so appointed may be removed by the probate judge for failure to discharge his duties or at the request of the legal representative. Such representative, upon order of the court, shall make a settlement and a new competent legal representative shall be appointed by the judge with notice to the Department of Human Resources. If an applicant or recipient appears capable of managing his public assistance payments at any time after a legal representative has been appointed for him, the applicant or recipient or the legal representative with the approval of the Department of Human Resources may apply in writing to the probate judge for the legal representative to be discharged. This application must be accompanied by a certificate in writing of a physician stating that after examination of such person he believes him to be capable of managing his public assistance payments. If the probate judge finds the allegations of the petition are supported by the evidence, he shall issue an order discharging the legal representative. Such representative, upon order of the court, shall make a settlement.
","history":"(Acts 1965, No. 674, p. 1213, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36811,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35759,"codeId":6549,"versionId":5178,"parentId":6532,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-1-4","shortTitle":"Section 38-1-4","catchLine":"Filing Names of Recipients of Public Assistance with Probate Judge.","title":"Section 38-1-4 Filing Names of Recipients of Public Assistance with Probate Judge.","sectionRange":null,"content":"(a) Duty of county board. - The county board of human resources of each county shall on or before January 30, April 30, July 30 and October 30 file or cause to be filed with the probate judge a complete report showing the names of all recipients of public assistance in the county receiving payments under the provisions of this title, together with the amounts paid to each during the preceding month.
(b) Reports open to public inspection; exceptions. - The reports so filed with the probate judge shall be securely bound by him in a separate record book provided for that purpose, which book and all reports contained therein shall be public records and shall be open to public inspection at all times during the regular office hours of the probate judge. However, nothing contained in this section shall be construed to authorize or require the disclosure of any records of the county department of human resources pertaining to adoptions or pertaining to children heretofore or hereafter placed in foster homes for adoption or for other purposes.
(c) Unlawful disclosure or use of names. - Except as provided in this section, it shall be unlawful for any person, firm or corporation to solicit, disclose, receive, make use of or to authorize, knowingly permit, participate in or acquiesce in the use of, any lists or names for commercial or political purposes of any nature, for publication in any newspaper, magazine, other periodical or otherwise, or for any purpose not directly connected with the administration of public assistance.
(d) Penalty for violation. - Any person, firm or corporation that shall wilfully or knowingly violate any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25.00 nor more than $1,000.00, and may also be imprisoned in the county jail for not more than 60 days.
(e) Conflicts with Social Security Act. - Should any portion or clause of this section be declared or adjudicated to be contrary to or inconsistent with the provisions of the Social Security Act, that portion or clause of this section shall have no further force or effect.
","history":"(Acts 1951, No. 321, p. 612, §§1, 2, 3, 5; Acts 1961, Ex. Sess., No. 293, p. 2350.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36812,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35760,"codeId":6554,"versionId":5182,"parentId":6532,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-1-5","shortTitle":"Section 38-1-5","catchLine":"Civil Actions Against Certain Persons Owning Property and Supported at Public Charge.","title":"Section 38-1-5 Civil Actions Against Certain Persons Owning Property and Supported at Public Charge.","sectionRange":null,"content":"If any person who has received any relief, support or maintenance at public charge, under Chapter 8 of this title or as an inmate of any state, county or municipal institution, was at the time of receiving such relief, support or maintenance the owner of property, the authorities charged with the care of the poor of the municipality or the authorities in charge of the institution chargeable with such relief, support or maintenance may file a civil action for and collect the value of the same against such person and against his estate. In any such action or proceeding, the statutes of limitation shall not be placed in defense, but the court may, in its discretion, refuse to enter judgment or allow the claim in favor of the claimant in any case where a parent, wife or child is dependent on such property for support. The records kept by the state, county or municipality, for the purpose of showing names and the value of the relief, support or maintenance furnished, shall be prima facie evidence of such indebtedness.
","history":"(Acts 1927, No. 476, p. 521; Code 1940, T. 44, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36813,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35761,"codeId":6558,"versionId":5187,"parentId":6532,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-1-6","shortTitle":"Section 38-1-6","catchLine":"State and Local Governments Authorized to Participate in Programs to Provide Assistance to the Aged.","title":"Section 38-1-6 State and Local Governments Authorized to Participate in Programs to Provide Assistance to the Aged.","sectionRange":null,"content":"(a) The state government and all county and municipal governments in this state are hereby authorized to voluntarily participate in any program which is related to any form of assistance for the aged, including, but not limited to, such programs as senior citizens volunteers, foster grandparents, senior aids, various programs of the Federal Department of Health, Education and Welfare and any other program supported by the federal government, private foundations or other political or private organizations which establish assistance programs for the aged. Participation in said old-age assistance programs may be in the form of moneys, services rendered or any other form of voluntary participation available.
(b) Nothing contained in this section shall be construed to usurp the authority or affect the funding of the Department of Human Resources under the public welfare laws of this state, under other existing laws of this state, as the same may hereafter be amended, or services administered by the Department of Human Resources as the single state agency designated to administer funds and services under state or federal legislation, including, but not limited to, the Federal Social Security Act and the Food Stamp Act of 1964, as amended.
(c) No portion of this section shall be construed to usurp the authority of the Alabama Commission on Aging as the state agency designated as an advocate for Alabama’s senior citizens by the Alabama Legislature, and as the state agency designated to administer the Older Americans Act of 1965, as amended.
","history":"(Acts 1975, 3rd Ex. Sess., No. 153.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36814,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35762,"codeId":45500,"versionId":37620,"parentId":6532,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-1-7","shortTitle":"Section 38-1-7","catchLine":"Terminated by Act 2014-438, Effective September 30, 2017. Drug Screening Program.","title":"Section 38-1-7 Terminated by Act 2014-438, Effective September 30, 2017. Drug Screening Program.","sectionRange":null,"content":"TERMINATED BY ACT 2014-438, P. 1622, §4, EFFECTIVE SEPTEMBER 30, 2017
(a) As used in this section, the following words shall have the following meanings:
(1) DRUG. Includes all of the following:
a. A controlled substance for which a medical prescription or other legal authorization is required for purchase or possession, including, but not limited to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate, a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant, or a metabolite of any of these substances.
b. A drug whose manufacture, sale, use, or possession is forbidden by law.
(2) DRUG SCREENING. Any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or other licensing agency in this state for the purpose of determining the presence or absence of a drug or its metabolites.
(b) The Department of Human Resources shall implement and administer a drug screening program for any adult applying for temporary cash assistance who is otherwise eligible for the Temporary Assistance for Needy Families (TANF) program and for certain recipients upon reasonable suspicion that the adult uses or is under the influence of a drug. Reasonable suspicion exists if an applicant has a conviction for the use or distribution of a drug within five years prior to the date of the application for TANF temporary cash assistance or if a recipient tested positive for a drug without a valid prescription as a result of a drug screening required under this subsection.
(c) The department shall require each applicant to disclose, under penalty of perjury, any criminal conviction related to the use or distribution of a drug on any application for TANF temporary cash assistance.
(d) The cost of the initial drug screening of each applicant shall be the responsibility of the department. The cost of any subsequent drug screening is the responsibility of the person screened. The department shall reimburse the person for the cost of the drug screening if the person tests negative for a drug.
(e)(1) A person who refuses to take a drug screening or who delays the drug screening beyond the time set by the department is ineligible to receive TANF temporary cash assistance.
(2) A person who tests positive for a drug as a result of a drug screening required under this section and who is unable to produce a valid prescription for the drug shall receive a warning that any subsequent positive drug screening will result in a loss of benefits. Upon a second positive drug screening, the person shall be ineligible for TANF temporary cash assistance for one year after the date of the positive drug screening results. Upon a third positive drug screening, the person shall be permanently ineligible for TANF temporary cash assistance. No person shall be subjected to more than two additional drug screenings in any calendar year.
(3) A person who is denied TANF temporary cash assistance under this section when he or she was an applicant may request an administrative hearing to review the denial.
(f) The results of a drug screening under this section shall not be admissible in any criminal proceeding, but are admissible without further authentication or qualification in administrative hearings of the department and judicial review of department determinations.
(g) The department shall do all of the following:
(1) Provide notice of the potential for drug screening to applicants for TANF temporary cash assistance at the time of application. The notice shall advise the person that drug screening may be conducted as a condition for receiving benefits under certain conditions and that the person shall bear the cost of the drug screening after the initial screening. The person shall be advised that the required drug screening may be avoided if the person does not apply for TANF temporary cash assistance.
(2) Require each person to be screened to sign a written acknowledgment that he or she has received notice of the department’s drug-screening policy and that he or she understands the drug-screening requirement.
(h) If a parent is deemed permanently ineligible for TANF temporary cash assistance as a result of failing a third drug screening conducted under this section the dependent child or other adult family member’s eligibility for public assistance benefits is not affected.
(1) An appropriate protective payee shall be designated to receive benefits on behalf of the child and family members.
(2) The parent may choose to designate another person to receive benefits for the minor child and family members. The designated person must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another person, may be designated. The designated person must be approved by the department.
(i) The commissioner shall promulgate rules to prescribe the design, operation, and standards for the implementation of this section.
","history":"(Act 2014-438, p. 1622, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36815,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35763,"codeId":47204,"versionId":39298,"parentId":6532,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-1-8","shortTitle":"Section 38-1-8","catchLine":"Federal Aid for Certain Felony Offenders.","title":"Section 38-1-8 Federal Aid for Certain Felony Offenders.","sectionRange":null,"content":"Pursuant to subsection (d) of 21 U.S.C. §862a, a person convicted of a drug related felony who is otherwise ineligible for aid under the Temporary Assistance for Needy Families program, or the federal Supplemental Nutrition Assistance Program, or both shall be eligible for the aid upon completion of his or her sentence or if the person is satisfactorily serving a sentence of a period of probation, including if the person has satisfactorily completed mandatory participation in a drug treatment program, provided the person meets all other requirements for eligibility under the program or programs. Any person eligible for aid pursuant to this provision shall still comply with all other requirements for receiving aid, including those related to drug testing.
","history":"(Act 2015-185, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36816,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35764,"codeId":6562,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"State and County Departments and Boards of Human Resources.","title":"Chapter 2 State and County Departments and Boards of Human Resources.","sectionRange":"§38-2-1 to §38-2-13","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36817,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35765,"codeId":6563,"versionId":5191,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-1","shortTitle":"Section 38-2-1","catchLine":"State Department of Human Resources.","title":"Section 38-2-1 State Department of Human Resources.","sectionRange":null,"content":"There is hereby created a State Department of Human Resources, with subordinate bureaus and divisions which shall operate under a State Board of Human Resources and consist of a Commissioner of Human Resources and such other officers and employees as are authorized to be appointed under this chapter.
","history":"(Acts 1951, No. 703, p. 1211, §2; Acts 1955, No. 341, p. 763, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36818,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35766,"codeId":6567,"versionId":5194,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-2","shortTitle":"Section 38-2-2","catchLine":"State Board of Human Resources.","title":"Section 38-2-2 State Board of Human Resources.","sectionRange":null,"content":"There shall be a State Board of Human Resources which shall consist of the Governor, as chairman, and six other members, not less than two of whom shall be women, appointed by the Governor without regard to political affiliation but on the basis of recognized interest in welfare work with the advice and consent of the senate. The members of said board shall be appointed by the Governor for a term of six years, and vacancies shall be filled by the Governor for any unexpired term. The state board shall hold meetings at times and places to be prescribed by rules of the state board or as may be designated by the chairman. The presence of four members at any regular or special meeting shall constitute a quorum for the transaction of all business. Members of the state board shall receive no compensation for their services other than expenses incurred while in attendance at the meetings of the state board or on business of the state department, such expenses to be paid in the manner and in an amount as is prescribed for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees and other like agencies.
","history":"(Acts 1951, No. 703, p. 1211, §3; Acts 1955, No. 341, p. 763, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36819,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35767,"codeId":6571,"versionId":5198,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-3","shortTitle":"Section 38-2-3","catchLine":"Commissioner of State Department of Human Resources; Other Personnel.","title":"Section 38-2-3 Commissioner of State Department of Human Resources; Other Personnel.","sectionRange":null,"content":"(a) The chief executive officer of the State Department of Human Resources shall be known as the Commissioner of the State Department of Human Resources.
(b) It shall be the duty of the state board to appoint the commissioner who shall serve at its pleasure. He shall be appointed on the basis of education, ability and experience in the administration of public welfare and without regard to residence or political affiliation and the state board shall set the salary of the commissioner. The commissioner shall be the executive and administrative officer of the state department and shall exercise all the rights, powers, duties and authority vested in the state department. The state board, in conference with the commissioner, shall be responsible for the adoption of policies, rules and regulations for its government and for the government of the state department. All administrative and executive duties and responsibilities of the state department shall be performed by the commissioner, subject to the authority of the state board. The state board, subject to the provisions of the merit system wherein applicable, shall have the power and it shall be its duty to fix minimum standards of service and personnel, and to set salary schedules, based upon education, training, previous experience and general efficiency which must have been attained by persons selected for positions to be filled in the state department and the county departments of human resources hereinafter created.
(c) The commissioner shall submit to the state board for its approval an annual budget of all funds appropriated by the legislature to the state department for the specific purposes for which they are appropriated and also a budget of federal funds which may be allotted to the state by the federal government for the purposes of the state department according to the regulations of the federal authorities. He shall publish annually a full report of the operation and administration of the Department of Human Resources, together with recommendations and suggestions and submit such report to the state board. The commissioner, subject to the applicable provisions of the merit system, shall appoint a director of each bureau and such other personnel as may be necessary for the efficient performance of the duties prescribed in this chapter.
(d) The commissioner shall interpret policies, rules and regulations formulated by the state board and shall have power, subject to the approval of the state board, to create within the state department such bureaus as are necessary for the effective operation of the public assistance program, and to allocate and reallocate functions among bureaus and departmental agencies.
","history":"(Acts 1951, No. 703, p. 1211, §4; Acts 1955, No. 341, p. 763, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36820,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35768,"codeId":6576,"versionId":5203,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-4","shortTitle":"Section 38-2-4","catchLine":"Legal Counsel for Department.","title":"Section 38-2-4 Legal Counsel for Department.","sectionRange":null,"content":"The commissioner, with the approval of the Attorney General, shall be authorized, subject to the provisions of the state merit system law, to appoint a legal counsel for the State Department of Human Resources. He shall be commissioned as assistant attorney general and shall have the authority and duties of an assistant attorney general but he shall devote his entire time to the business of the Department of Human Resources.
The compensation for the said legal counsel shall be paid out of funds appropriated to the State Department of Human Resources and in the same manner as the compensation of other employees is paid.
","history":"(Acts 1953, No. 19, p. 24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36821,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35769,"codeId":6580,"versionId":5207,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-5","shortTitle":"Section 38-2-5","catchLine":"Allocation of Funds.","title":"Section 38-2-5 Allocation of Funds.","sectionRange":null,"content":"The state department, subject to the approval of the state board, shall allocate such federal and state funds for public assistance, administration and services as are available, in a manner that assures equitable treatment of needy individuals in similar circumstances throughout the state. The allocation of these funds shall be based on the relative welfare needs in the several counties. In determining the relative welfare needs of the several counties consideration shall be given to the number of persons eligible to receive public assistance, the financial needs of those eligible persons, and the cost of administration and services. All these factors shall be determined in accordance with uniform standards set by the state department, subject to the approval of the state board, which standards shall in no case contravene the Social Security Act and the rules and regulations promulgated thereunder. The method of determining the needs in the several counties shall be uniform throughout the state. Funds allocated shall be expended in the manner prescribed by the state department, subject to the approval of the state board.
","history":"(Acts 1951, No. 703, p. 1211, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36822,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35770,"codeId":6583,"versionId":5210,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-6","shortTitle":"Section 38-2-6","catchLine":"Duties, Powers, and Responsibilities of State Department.","title":"Section 38-2-6 Duties, Powers, and Responsibilities of State Department.","sectionRange":null,"content":"The aim of the state department shall be the promotion of a unified development of welfare activities and agencies of the state and of the local governments so that each agency and each governmental institution shall function as an integral part of a general system. In order to carry out effectively these aims, it shall be the duty and responsibility of the state department to:
(1) Administer or supervise all forms of public assistance including general home relief, outdoor and indoor care for persons in need of assistance, also including those duties that have to do primarily with the determination of need and authorization of relief.
(2) Exercise all the powers, duties, and responsibilities previously vested by law in the State Child Welfare Department.
(3) Provide services to county or municipal governments including the organization and supervision of counties for the effective carrying out of welfare functions, the compilation of statistics, and other information relative to public welfare and to make surveys and in other ways to ascertain the facts which cause or contribute to the need for public assistance, family welfare, child welfare, and other welfare activities.
(4) Assist other departments, agencies, and institutions of the state and federal government, when so requested, by performing services in conformity with the purposes of the state department.
(5) Act as the agent of the federal government in welfare matters of mutual concern, and in the administration of any federal funds granted to the state to aid in the furtherance of any of the functions of the state department, and be empowered to meet such federal standards as may be established for the administration of such funds.
(6) Designate county departments as its agents under its rules and regulations to perform any of the state department’s functions.
(7) Administer such welfare functions as may hereafter be vested in it by law.
(8) Establish and enforce reasonable rules and regulations governing the custody, use, and preservation of the records, papers, files, and communications of the state and county departments. The use of such records, papers, files, and communications by any other agency or department of government shall be limited to the purposes for which they are furnished and by the provisions of the law under which they may be furnished. All case records of recipients of, and applicants for, assistance, including, but not limited to, payments and services, shall be considered confidential and not public writings and shall not be subject to public use or inspection. At each session of the circuit court, however, the director of human resources in each county shall, upon request, submit to the grand jury a list of persons receiving public assistance in the county or division of the county covered by the court, and the grand jury may examine the list of public assistance recipients within the county and make such investigation in regard thereto as may be necessary to verify the accuracy of the same. It shall be the duty of the presiding judge to charge the grand jury at each session that it may make such investigation. The information obtained from either the state or county departments of human resources by the grand juries in investigations shall be subject to the same safeguards with respect to the confidential nature of such information as prevails with respect to such records and information while in the custody of the county or state departments of human resources. Confidential information concerning children and their families and applicants for and recipients of public assistance, including, but not limited to, payments or services, shall not be used or disclosed for any purposes not directly connected with the administration of public assistance, or the investigation thereof by grand juries. Any violation of this provision shall be a misdemeanor and punishable accordingly.
(9) Cooperate with the State Department of Corrections or with any pardon and parole authority of the State of Alabama by making necessary investigations with reference to families or dependents of persons committed to state penal institutions; in the discharge of its responsibility with reference to dependent or neglected minor children whose parent or parents may be inmates of any prison or jail, the State Department of Human Resources shall cooperate and advise with the State Department of Corrections and with the officials of the courts committing said parent or parents to a prison or jail to the end that as full protection as possible may be afforded the families or children of said prisoners.
(10) Seek out, through investigation, complaints from citizens, or otherwise, the minor children in the state who are in need of its care and protection and shall, as far as may be possible, through existing agencies, public or private, or through such other resources, aid such children to a fair opportunity in life.
(11) Advise with the judges and probation officers of the juvenile courts of the several counties of the state, and aid in perfecting the organization and work of such courts.
(12) Exercise the right of visitation and inspection of all state, county, municipal, and other agencies and institutions, public or private, receiving, placing, or caring for dependent or neglected minor children for the purpose of ascertaining from time to time the capacity and adequacy of the facilities offered by these agencies and institutions for the care of such children; the manner, character, or way in which such children are cared for in such institutions or agencies, the children who are in such institutions, the facts showing their social status, the source of income and cost of maintenance, and the way in which such children are received into and dismissed from such institutions or agencies.
(13) License biennially all institutions and agencies except those under state ownership and control, caring for, receiving, or placing minor children and to revoke such license for cause.
(14) Establish and maintain homes or other agencies for the care of dependent or neglected minor children or contract with any approved agency or institution for the care of such children, and, also, receive and care for dependent or neglected minor children committed to its care, make a careful physical examination and, if possible, a mental examination of every such child, investigate in detail the personal and family history of the child and its environment, and place such children in family homes or in approved suitable institutions operating in accordance with the provisions of this title and supervise such children however placed.
(15) Require reports from courts and institutions, public and private, to the extent and in the form and manner as required by law.
(16) Solicit, receive, and hold gifts, devises, and bequests of money, real estate, and other things of value to be used in the support, development, and carrying on of its work.
(17) Administer and exercise all responsibility for the food stamp program.
(18) Establish rules and standards for the inspection, approval, and operation of foster homes for adults which serve only those individuals who are eligible for adult foster care services and are referred and placed by the Department of Human Resources.
(19) Establish rules and standards for the inspection and approval of adult day care centers and adult day care homes with whom the Department of Human Resources contracts or otherwise agrees to purchase adult day care services.
","history":"(Acts 1951, No. 703, p. 1211, §6; Acts 1978, No. 359, p. 300, §2; Acts 1991, No. 91-671, p. 1307, §1; Acts 1996, No. 96-673, p. 1139, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36823,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35771,"codeId":6587,"versionId":5213,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-6.1","shortTitle":"Section 38-2-6.1","catchLine":"Office of State Parent Locator for the Location of Absent Parents Established; Duties; Assistance of Other Agencies, Etc.; Use of Information Obtained.","title":"Section 38-2-6.1 Office of State Parent Locator for the Location of Absent Parents Established; Duties; Assistance of Other Agencies, Etc.; Use of Information Obtained.","sectionRange":null,"content":"(a) As used in this section, the following words shall have the following meanings:
(1) ABSENT PARENT. The parent of a minor child who owes a financial ligation for the support of the minor child or a putative parent against whom a complaint has been filed.
(2) OFFICE. The state parent locator in the Department of Human Resources for the location of absent parents, hereinafter created.
(b) The Office of State Parent Locator for the Location of Absent Parents is hereby established, and shall perform the following duties:
(1) Assist any governmental agency or department in locating an absent parent.
(2) Coordinate any activity on a state level in a search for an absent parent.
(3) Obtain and disseminate, as hereinafter provided, any information which directly relates to the identity or location of an absent parent.
(4) Develop guidelines for coordinating activities of any governmental department, board, commission, bureau, or agency in providing information necessary for the location of absent parents, and otherwise implementing the provisions of this section.
(c) Upon request of the office, any governmental department, board, commission, bureau, or agency in this state shall provide any information which shall assist in implementing the provisions of this section.
(d) The information which is obtained by the office shall only be available to a governmental department, board, commission, bureau, agency, or political subdivision of any state for the purposes of locating an absent parent for enforcing their liability of support.
","history":"(Acts 1980, No. 80-727, p. 1469.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36824,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35772,"codeId":6591,"versionId":5216,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-7","shortTitle":"Section 38-2-7","catchLine":"County Boards of Human Resources Created; Composition; Terms of Office; Meetings; Duties, Etc.; County Director.","title":"Section 38-2-7 County Boards of Human Resources Created; Composition; Terms of Office; Meetings; Duties, Etc.; County Director.","sectionRange":null,"content":"There is hereby created in each county a county board of human resources, which shall consist of seven members, not less than two of whom shall be women, selected by the county commission from the citizenship of the county on the basis of their recognized interest in the public welfare; provided that in counties in which there are cities having a population of 60,000 or more, according to the last federal census, the city commission or other governing body of the city shall have equal authority with the county commission in selecting the membership of the county board of human resources. No person holding an elective public office, no person who is a candidate for election to a public office, no person who is an employee of the county department of human resources and no person who is related by consanguinity or affinity within the fourth degree or nearer under the civil law to any such officer or employee shall be a member of such county board of human resources. The members of said board shall be appointed for a term of six years, and vacancies shall be filled for the unexpired term in the same manner as above provided. The county board shall elect from its members a chairman and a secretary to serve at its pleasure. The county board shall hold meetings under rules to be established by it in conformity with the regulations of the state board, and such additional meetings as may be called by the chairman. The presence of four members at any regular or special meeting shall constitute a quorum for the transaction of all business. Members of the county board shall serve without compensation for their services as members, but shall be reimbursed for the amount of their traveling and other expenses actually paid out while in attendance at the meetings of the county board or on business of the department.
The county board, subject to the provisions of the merit system, shall appoint a county director, who shall be the executive officer of the county department, and the appointment shall be made without regard to political affiliation. The tenure of the county director shall be at the pleasure of the county board. Upon request of the local board, the state personnel department shall establish a county register of eligibles who are residents of the county in which the vacancy exists. If no appointment is made from the local register or there is no local register, then appointment shall be made from the statewide register.
It shall be the further duty of the county board to meet from time to time with the county director and to point up unmet needs in the county, to advise concerning economic conditions in the county which might affect the welfare program, to assist in informing the citizens of the public welfare program, to cooperate with other agencies, individuals and organizations in the community in the development of facilities designed for human betterment, and to advise concerning changes which would make for a more effective and efficient public welfare program.
","history":"(Acts 1951, No. 703, p. 1211, §7; Acts 1955, No. 341, p. 763, §5; Acts 1989, No. 89-853, p. 1702, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36825,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35773,"codeId":6595,"versionId":5220,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-8","shortTitle":"Section 38-2-8","catchLine":"County Departments of Human Resources.","title":"Section 38-2-8 County Departments of Human Resources.","sectionRange":null,"content":"(a) There is hereby created in each county a county department of human resources which shall consist of the county director of human resources and such other officers and employees as the county board and state department shall deem necessary for the efficient performance of the welfare services of the county. The county director, subject to the approval of the county board and the provisions of the merit system, shall appoint such staff as may be necessary to administer the welfare activities within the county. Upon request of the local board, the State Personnel Department shall establish a county register of eligibles who are residents of the county in which the vacancy exists. If no appointment is made from the local register or there is no local register then appointment shall be made from the statewide register. Any person employed in county departments shall be covered under the provisions of the State Merit System.
(b) It shall be the duty of the county director to meet regularly with the county board to formulate general policies, rules and regulations, which policies, rules and regulations must be consistent with the policies, rules and regulations of the state department. All administrative and executive duties and responsibilities of the county department shall be performed by the county director and must be in accordance with the rules and regulations of the state department, subject to the approval of the state board. These duties and responsibilities shall include relief to persons in need of assistance; the performance of family welfare services; the care of children who are dependent, neglected, under insufficient guardianship or otherwise handicapped, and such other child-care activities as shall be directed to it by the State Department of Human Resources; and the investigation of applications for admissions to and discharges from county institutions providing care and treatment of indigents. It shall be the duty of the county departments of human resources to furnish to the county board and the state department such reports concerning the activities of the county department and concerning the status of the welfare functions within its jurisdiction as the state department shall require. If appointed by a court of competent jurisdiction, the county department of human resources shall, through its director and his assistants hereinafter provided for, perform under the supervision of such court, the functions of a probation officer of the court having jurisdiction of children who are dependent, neglected, under insufficient guardianship or otherwise handicapped.
","history":"(Acts 1951, No. 703, p. 1211, §8; Acts 1955, No. 341, p. 763, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36826,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35774,"codeId":6599,"versionId":5223,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-9","shortTitle":"Section 38-2-9","catchLine":"Appropriations by Counties and Municipalities; Expenditures to Be Approved by State Department.","title":"Section 38-2-9 Appropriations by Counties and Municipalities; Expenditures to Be Approved by State Department.","sectionRange":null,"content":"The county commission in any county shall have the power and is hereby authorized to appropriate out of the public funds of the county such sum or sums of money, as it may deem wise to be expended by the county department for the relief of children under 18 years of age. Disbursements shall be made upon itemized statements approved by the county director. This shall not be interpreted so as to limit the power of the judge of the juvenile court to make orders for the care of children adjudged dependent, neglected or delinquent.
The county commission and the incorporated municipalities within the county may make joint appropriations for office space, the maintenance thereof and supplies.
The governing body in any county or any municipality shall have the power and authority to make other and further provision for the care of the poor and needy of the county or municipality. The disbursement of such funds as are made available for expenditure by the county departments must be approved by the State Department of Human Resources.
","history":"(Acts 1951, No. 703, p. 1211, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36827,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35775,"codeId":6601,"versionId":5225,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-10","shortTitle":"Section 38-2-10","catchLine":"Authority of State Department with Respect to Granting of Public Assistance.","title":"Section 38-2-10 Authority of State Department with Respect to Granting of Public Assistance.","sectionRange":null,"content":"The state department is authorized and it shall be its duty to develop standards of assistance for the administration of the various public assistance programs in the state, to administer these programs through county departments of human resources and to provide such forms, records, reports and rules of procedure as may be necessary in order to obtain uniform practices with respect to public assistance throughout the state. The state department shall make such reports and furnish such information as shall be required by the social security administration in the administration of the public assistance program. The state department shall have the power to review all applications for public assistance received by the county departments, to review all disallowances of awards, amounts of awards or modifications of awards made by the county departments and to make such decision as to the granting of assistance and the amount of assistance and terms thereof as is justified by the facts, and as is in conformity with the assistance laws and policies in effect. The decision by the state department shall be complied with.
","history":"(Acts 1951, No. 703, p. 1211, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36828,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35776,"codeId":6605,"versionId":5228,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-11","shortTitle":"Section 38-2-11","catchLine":"Photographic Reproductions of Books, Records, Papers or Other Documents of State Department.","title":"Section 38-2-11 Photographic Reproductions of Books, Records, Papers or Other Documents of State Department.","sectionRange":null,"content":"(a) Commissioner authorized to make reproductions and destroy originals. The Commissioner of Human Resources of the State of Alabama is authorized to make or to have made microfilm copies, photostatic copies or other similar photographic reproductions of all books, records, papers or other documents required to be maintained or kept by the Department of Human Resources or any agency, division or employee thereof. The Commissioner of Human Resources is authorized to destroy or cause to be disposed of any books, records, papers or other documents which have been microfilmed, photostated or otherwise photographed. Such microfilms, photostats or other photographs shall be retained and kept in lieu of such books, records, papers or documents required to be kept or maintained.
(b) Effect of reproductions; certification; admission in evidence. Such microfilm copies, photostatic copies or other similar photographic reproductions of such above-named documents shall for all purposes be deemed to be and have the force and effect of such documents themselves. A photostatic copy, photographic reproduction or other similar photographed typewritten copies or other copies of such original microfilm copy, photostatic copy or other similar photographic reproduction of such documents shall be duly certified to by the officer having custody of such original microfilm copy, photostatic copy or other similar photographic reproduction in the Department of Human Resources, and must be received as evidence in all courts in the same manner and to the same extent as would be the duly certified copy of such documents themselves.
(c) Legislative intent. It is hereby declared to be the legislative intent to permit the commissioner to dispose of any books, records, papers or any other documents required by law to be kept or maintained by the Department of Human Resources in the event that photographic reproductions of such books, records, papers or other documents are made or caused to be made by such commissioner, and to give such photographic reproduction the same force and effect as the book, record, paper or other document which has been so photographed and disposed of.
","history":"(Acts 1950, 5th Ex. Sess., No. 57, p. 121, §§1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36829,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35777,"codeId":6611,"versionId":5231,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-12","shortTitle":"Section 38-2-12","catchLine":"Authority of Commissioner to Destroy Certain Records, Etc.","title":"Section 38-2-12 Authority of Commissioner to Destroy Certain Records, Etc.","sectionRange":null,"content":"(a) The Commissioner of the State Department of Human Resources shall have the authority to destroy or cause to be destroyed, in his discretion:
(1) RECORDS OF CERTAIN AGENCIES. - All records of the Alabama Relief Administration, the Alabama Transient Bureau and Surplus Commodity Distribution presently in the custody and under the control of the State Department of Human Resources.
(2) OBSOLETE COUNTY CASE RECORD MATERIAL. - Obsolete case record material in the custody of county departments, subject to the following conditions:
a. Case record material concerning old age pensions, aid to the blind, aid to the permanently and totally disabled, aid to dependent children and temporary aid shall be preserved for a period of at least five years from and after the date of the last contact with the county department by the subject of such material.
b. All fiscal audits for the period in which the cases covered by such case record material were receiving assistance or service shall have been completed; provided however, that nothing in this section shall prohibit the commissioner from exercising the authority to destroy case record material which has been photographically reproduced in accordance with Section 38-2-11.
(3) CANCELLED COUNTY CHECKS. - All cancelled checks issued by and filed in county departments from the inception of the public welfare program in 1935 to October 1, 1951; provided, that records showing the payments evidenced by such checks must be preserved in either the state department or the county department.
(4) CERTAIN FILES. - Statements contained in case record files made by recipients and their relatives as required by Act No. 694 of the 1951 Legislature of Alabama.
(5) RECORDS RELATING TO SURPLUS COMMODITIES. - Case record material concerning the distribution of surplus commodities received from the United States Department of Agriculture and related records and reports concerning the handling and distribution of such surplus commodities; provided that such case record material and records and reports shall be preserved for a period of at least three years from and after the close of the state fiscal year to which they pertain.
(b) In effecting the destruction of records permitted by this section, the commissioner shall establish reasonable rules and regulations insuring that the confidentiality of records shall be preserved during the process of destruction.
","history":"(Acts 1951, No. 51, p. 265; Acts 1961, No. 91, p. 105, §§2-6; Acts 1979, No. 79-710, p. 1263.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36830,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35778,"codeId":6615,"versionId":5235,"parentId":6562,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-2-13","shortTitle":"Section 38-2-13","catchLine":"Bonds of Officers of State Department of Human Resources.","title":"Section 38-2-13 Bonds of Officers of State Department of Human Resources.","sectionRange":null,"content":"Before entering upon the duties of their respective offices, the Commissioner of the Department of Human Resources and other public welfare officers shall execute to the State of Alabama a bond, to be approved by the Governor, in amounts to be fixed by the State Board of Human Resources, for the faithful performance of their duties.
","history":"(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36831,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35779,"codeId":6625,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"3","shortTitle":"Chapter 3","catchLine":"Department of Senior Services.","title":"Chapter 3 Department of Senior Services.","sectionRange":"§38-3-1 to §38-3-25","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36832,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35780,"codeId":6626,"versionId":46145,"parentId":6625,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"38-3-1","shortTitle":"Section 38-3-1","catchLine":"Creation; Advisory Board of Directors. (Amended by Act 2026-327)","title":"Section 38-3-1 Creation; Advisory Board of Directors. (Amended by Act 2026-327)","sectionRange":null,"content":"AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) There is hereby created the Department of Senior Services of the State of Alabama, which shall be under the direction and control of the Commissioner of the Department of Senior Services.
(b) There is created an advisory board of directors that shall consist of 17 members and shall advise the commissioner in the administration of the department. The advisory board shall be composed of two members of the Senate to be appointed by the President of the Senate; two members of the House of Representatives to be appointed by the Speaker of the House; the Secretary of the State Department of Labor or his or her designee, the State Health Officer or his or her designee, and the Commissioner of the State Department of Human Resources or his or her designee, as ex officio members; and 10 members to be appointed by the Governor for terms concurrent with the term of the Governor. Of the members appointed by the Governor, one shall be a representative of business, one shall be a representative of labor, one shall be a representative of the medical profession, three shall be representatives of senior citizen organizations, one shall be a representative of an organization serving individuals with disabilities, and the remaining three shall be responsible residents of the state. Upon reappointment, the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The name of any designee to the advisory board of directors authorized by this chapter shall be submitted in writing to the Commissioner of the Department of Senior Services.
","history":"(Acts 1957, No. 554, p. 774, §1; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §2, Act 2000-744, p. 1655, §2; Act 2011-572, p. 1215, §1; Act 2015-159, p. 417, §1; Act 2021-484, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36833,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35781,"codeId":6631,"versionId":38473,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-2","shortTitle":"Section 38-3-2","catchLine":"Duties.","title":"Section 38-3-2 Duties.","sectionRange":null,"content":"(a) It shall be the duty of the members of the advisory board to meet within 30 days after their appointment, and to elect a chair and other officers from among themselves, who shall serve for a period of two years. Thereafter, the board shall elect a new chair every two years.
(b) It shall be the duty of the board to do all of the following:
(1) Collect facts and statistics and make special studies of conditions and problems pertaining to the employment, health, financial status, recreation, social adjustment, or other conditions affecting the welfare of the aging people in this state.
(2) Keep abreast of the latest developments in this field of activity throughout the nation, and to interpret its findings to the commissioner.
(3) Provide for a mutual exchange of ideas and information on national, state, and local levels.
(4) Give a report of its advisory activities to the Legislature, and make recommendations for needed improvements and additional resources to promote the welfare of the aging in this state.
(5) Serve as an advisory body to the commissioner.
","history":"(Acts 1957, No. 554, p. 774, §2; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1655, §2; Act 2015-159, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36835,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35782,"codeId":6634,"versionId":38474,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-3","shortTitle":"Section 38-3-3","catchLine":"Advisory Subcommittees.","title":"Section 38-3-3 Advisory Subcommittees.","sectionRange":null,"content":"The advisory board may create advisory subcommittees to undertake special studies as it shall authorize and co-opt into advisory subcommittees persons qualified in any field of activity relating to the welfare of the aging.
","history":"(Acts 1957, No. 554, p. 774, §3; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1655, §2; Act 2015-159, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36836,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35783,"codeId":6638,"versionId":38475,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-4","shortTitle":"Section 38-3-4","catchLine":"Compensation.","title":"Section 38-3-4 Compensation.","sectionRange":null,"content":"The members of the advisory board shall receive no compensation for their services, other than reimbursement for traveling and other expenses actually incurred in the performance of their official duties. The expenses shall be paid in the manner and amount as is provided for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies.
","history":"(Acts 1957, No. 554, p. 774, §4; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §1; Act 2000-744, p. 1655, §2; Act 2015-159, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36837,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35784,"codeId":6642,"versionId":38476,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-5","shortTitle":"Section 38-3-5","catchLine":"Commissioner, Confidential Secretary, and Other Personnel; Contract for Meals Programs.","title":"Section 38-3-5 Commissioner, Confidential Secretary, and Other Personnel; Contract for Meals Programs.","sectionRange":null,"content":"(a) The Governor shall appoint a commissioner for the Department of Senior Services and a confidential secretary and shall prescribe their duties, powers, and authority to carry out the provisions of this article. The commissioner shall serve at the pleasure of the Governor and also shall serve as executive officer and secretary of the board. The commissioner, subject to the Merit System law, shall appoint additional personnel as may be necessary in carrying out the provisions of this article.
(b) Notwithstanding the provisions of subsection (d) of Section 41-16-27, the commissioner may contract with providers for the various meals programs administered by the department for periods of up to five years with five additional one-year extension options at the discretion of the commissioner. With respect to any meals programs contract between the department and any food service provider which was executed prior to August 1, 2004, and which remains in effect as of August 1, 2004, a current meals programs contract, the commissioner may, with the written consent of any such food service provider, elect to extend such current meals programs contract with the extension period to be up to five years with five additional one-year extension options. The extension period shall commence on the day after the end of the current meals programs contract term then in effect. The commissioner may, with the written consent of the food service provider, renegotiate the terms of a current meals programs contract, provided that renegotiation is necessary, in the discretion of the commissioner, to induce the food service provider to enter into a contract extension provided by this subsection and provided further that, in the discretion of the commissioner, the extension of the current meals programs contract will reduce overall costs to the department. Nothing in this subsection shall be construed as providing for or affecting any exemption to subsection (a), (b), or (c) of Section 41-16-27.
","history":"(Acts 1957, No. 554, p. 774, §5; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §3; Act 2000-744, p. 1655, §2; Act 2004-433, p. 738, §1; Act 2008-398, p. 787, §1; Act 2015-159, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36838,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35785,"codeId":6645,"versionId":38477,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-6","shortTitle":"Section 38-3-6","catchLine":"Authorization to Receive Gifts, Etc.","title":"Section 38-3-6 Authorization to Receive Gifts, Etc.","sectionRange":null,"content":"The commissioner may receive and hold gifts, devises, bequests of money, real estate, and other things of value to be used in the support and development of department work. Bequests of money shall be deposited into the Alabama Senior Services Trust Fund established and created as a separate fund in the State Treasury.
","history":"(Acts 1957, No. 554, p. 774, §6; Acts 1964, 1st Ex. Sess., No. 148, p. 214, §4; Act 2000-744, p. 1655, §2; Act 2008-398, p. 787, §1; Act 2015-159, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36839,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35786,"codeId":30045,"versionId":38478,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-7","shortTitle":"Section 38-3-7","catchLine":"Continuation, Transition, Implementation.","title":"Section 38-3-7 Continuation, Transition, Implementation.","sectionRange":null,"content":"(a) All rights, duties, property, real or personal, and all other effects existing in names of the Commission on the Aging, or in any other name by which the agency has been known, shall continue in the name of the Department of Senior Services. Any existing or future reference to the Commission on the Aging, or any other name by which the agency has been known, in any existing law, contract, or other instrument shall constitute a reference to the Department of Senior Services of the State of Alabama.
(b) The Commission on the Aging shall continue in existence as an advisory board of directors to the Department of Senior Services.
(c) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition relating particularly to the use of equipment and supplies. All letterhead, business cards, forms, and any other materials in use by the commission containing the name Commission on the Aging shall continue to be used by the Department of Senior Services until the supplies are exhausted. Replacement supplies shall contain the name of the Department of Senior Services.
(d) The Code Commissioner, pursuant to Section 29-7-8, at times determined appropriate, shall implement this statutory name change in applicable sections of the Code of Alabama 1975.
","history":"(Act 2000-744, p. 1655, §1; Act 2015-159, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36840,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35787,"codeId":37683,"versionId":30203,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-8","shortTitle":"Section 38-3-8","catchLine":"Powers and Responsibilities of the Department.","title":"Section 38-3-8 Powers and Responsibilities of the Department.","sectionRange":null,"content":"The Department of Senior Services shall:
(1) Be the designated state agency to administer programs of the federal government relating to the aged, requiring action within the state, that are not the specific responsibility of another state agency under federal or state statutes and to administer programs for the aged when designated as an operating agency by another state agency. The department may not take over from another state agency any of the specific responsibilities held by such other state agency nor may the department withhold from another state agency any state or federal funds designated for programs administered by that agency. The department shall be the state agency to administer funds granted by the federal government under the “Older Americans Act of 1965,” 42 U.S.C. §3001, as amended, except for programs administered by another state agency. The department shall cooperate with federal and state agencies, counties, municipal corporations, and private agencies or facilities within the state in furtherance of the purposes as set forth in this chapter.
(2) Advise, consult, and coordinate with other state agencies upon request which are proposing plans, programs, and rules primarily affecting persons 60 years of age or older.
(3) Plan, initiate, coordinate, and evaluate statewide programs, services, and activities regulated by the department for elderly people which are not duplicative of services, programs, and activities provided by other state agencies.
(4) Disseminate information concerning the problems of elderly people and establish and maintain a central clearinghouse of information on public programs at all levels of government that would be of interest or benefit to the elderly.
(5) Report annually to the Governor and the Legislature on the programs of the department.
(6) Have authority to contract with public or private groups to perform services for the department.
(7) Adopt rules pursuant to the Alabama Administrative Procedure Act to govern the operation of services and facilities for the elderly that are regulated by the department and determine that those services and facilities are operated in conformity with these rules.
(8) Determine the needs of the elderly and provide information on their needs to all levels of government.
(9) Report immediately any suspected abuse, neglect, and exploitation to the Department of Human Resources as a mandatory reporter as specified in Section 38-9-8.
","history":"(Act 2008-398, p. 787, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36841,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35788,"codeId":37684,"versionId":30204,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-9","shortTitle":"Section 38-3-9","catchLine":"Adoption of Rules; Additional Functions.","title":"Section 38-3-9 Adoption of Rules; Additional Functions.","sectionRange":null,"content":"The department shall adopt rules pursuant to the Alabama Administrative Procedure Act to implement and administer this chapter and may perform all of the following functions:
(1) Provide technical assistance and consultation upon request to public and private nonprofit agencies with respect to programs, services, and activities for elderly people.
(2) Provide assistance upon request to federal agencies, other state agencies or departments, and private organizations on studies and surveys on the special problems of the aged in such matters as mental and physical health, housing, transportation, family relationships, employment, income, vocational rehabilitation, recreation, and education; make such reports as are appropriate to the Governor and other federal and state agencies; and develop recommendations for administrative or legislative action to assist the aged.
(3) Develop and strengthen the services available for the aging in the state working upon request with existing federal, state, and local departments and agencies and private agencies and facilities.
(4) Extend and expand services for the aged through coordinating the interests and efforts of local agencies regulated by the department for the aged citizens of this state.
(5) Encourage, promote, and aid in the establishment of programs and services on the local level for the aged to more fully enjoy and participate in family and community life.
(6) Encourage the training of workers in the field of aging.
(7) Provide consultants to agencies, associations, or individuals providing services upon request supported by the department.
(8) Recommend methods of improving the effectiveness of state services for elderly citizens.
(9) Publish a description of the organization and functions of the department so that all interested agencies and individuals may receive information about, and be better able to solicit assistance from, the department.
","history":"(Act 2008-398, p. 787, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36842,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35789,"codeId":37402,"versionId":29943,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-20","shortTitle":"Section 38-3-20","catchLine":"Establishment; Purpose.","title":"Section 38-3-20 Establishment; Purpose.","sectionRange":null,"content":"There is created, established, and continued, an organization which shall be known as the “Alabama Senior Citizens Hall of Fame.” The purpose of such organization shall be to bestow honor and recognition upon a deserving citizen or citizens for their outstanding accomplishments, service, and contributions to the lives of older American citizens.
","history":"(Acts 1983, No. 83-674, p. 1063, §1; §41-9-740; Act 2008-398, p. 787, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36843,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35790,"codeId":37403,"versionId":29944,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-21","shortTitle":"Section 38-3-21","catchLine":"Composition.","title":"Section 38-3-21 Composition.","sectionRange":null,"content":"The Alabama Senior Citizens Hall of Fame shall be composed of members who are senior citizens. Each person elected for membership shall be a citizen of Alabama who shall be chosen for accomplishment or service greatly benefiting the lives of older American citizens. The members shall reflect the racial, ethnic, gender, urban/rural, and economic diversity of the state.
","history":"(Acts 1983, No. 83-674, p. 1063, §2; Acts 1995, No. 95-631, p. 1340, §1; §41-9-741; Act 2008-398, p. 787, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36844,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35791,"codeId":37404,"versionId":29945,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-22","shortTitle":"Section 38-3-22","catchLine":"Election of Members.","title":"Section 38-3-22 Election of Members.","sectionRange":null,"content":"(a) No more than 10 new members in any calendar year shall be elected by the existing members of the Senior Citizens Hall of Fame. A majority vote of the existing members present shall be necessary to elect a new member, and new members shall be chosen in order of the highest number of votes received.
(b) Nominations for new members shall be made by the existing members and in writing by citizens of the state.
","history":"(Acts 1983, No. 83-674, p. 1063, §3; Acts 1995, No. 95-631, p. 1340, §1; §41-9-742; Act 2008-398, p. 787, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36845,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35792,"codeId":37405,"versionId":29946,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-23","shortTitle":"Section 38-3-23","catchLine":"Election and Term of Chair; Appointment of Secretary.","title":"Section 38-3-23 Election and Term of Chair; Appointment of Secretary.","sectionRange":null,"content":"The members of the hall of fame shall elect among themselves a chair and shall fix the term of office of the chair. The chair shall preside over meetings, direct the business of the hall of fame, and perform other duties as may be prescribed or delegated to the chair by the organization. The members shall appoint one of their number as secretary, who shall keep minutes of each meeting. The Department of Senior Services shall provide necessary clerical assistance to the Senior Citizens Hall of Fame.
","history":"(Acts 1983, No. 83-674, p. 1063, §4; §41-9-743; Act 2008-398, p. 787, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36846,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35793,"codeId":37406,"versionId":29947,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-24","shortTitle":"Section 38-3-24","catchLine":"Meetings; Rules and Regulations.","title":"Section 38-3-24 Meetings; Rules and Regulations.","sectionRange":null,"content":"The Alabama Senior Citizens Hall of Fame shall meet at least once annually to award new memberships and it may hold other meetings as it feels necessary to carry out its purpose. The time and place of meetings shall be designated by the members. Three members in attendance at any meeting shall constitute a quorum for conducting business. The hall of fame may make rules and regulations necessary to carry out its purposes and functions as prescribed in this article. The Department of Senior Services shall fund any costs associated with meetings held by the Alabama Senior Citizens Hall of Fame.
","history":"(Acts 1983, No. 83-674, p. 1063, §5; Acts 1995, No. 95-631, p. 1340, §1; §41-9-744; Act 2008-398, p. 787, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36847,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35794,"codeId":37407,"versionId":29948,"parentId":6625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-3-25","shortTitle":"Section 38-3-25","catchLine":"Reimbursement for Expenses.","title":"Section 38-3-25 Reimbursement for Expenses.","sectionRange":null,"content":"The members of the Alabama Senior Citizens Hall of Fame shall receive no compensation for their services other than reimbursement for traveling and other expenses actually incurred in the performance of their official duties. Such expenses shall be paid in the manner and amount as is provided for other state officers and employees and persons traveling on official business for the state or any of its departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies. Such expenses shall be paid out of any funds appropriated to the Department of Senior Services and processed in the manner provided by law.
","history":"(Acts 1983, No. 83-674, p. 1063, §6; §41-9-745; Act 2008-398, p. 787, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36848,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35795,"codeId":6652,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"4","shortTitle":"Chapter 4","catchLine":"Public Assistance Generally.","title":"Chapter 4 Public Assistance Generally.","sectionRange":"§38-4-1 to §38-4-15","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36849,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35796,"codeId":6654,"versionId":5264,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-1","shortTitle":"Section 38-4-1","catchLine":"Persons to Whom Public Assistance Payable.","title":"Section 38-4-1 Persons to Whom Public Assistance Payable.","sectionRange":null,"content":"(a) Generally. - Public assistance shall be payable under this chapter to or on behalf of any person who is a needy blind person within the requirements of this chapter, or is a needy person over the age of 65 years within the requirements of this chapter, or is a dependent child within the requirements of this chapter, or who is permanently and totally disabled within the requirements of this chapter. No public assistance shall be payable under this chapter to or on behalf of any person who is an inmate of a public institution; except, that such assistance may be payable to or on behalf of persons who are patients in public institutions where such payments are matchable under provisions of the Federal Social Security Act; provided, that the state department shall not grant assistance to inmates of any institution, whether public or private, unless that institution conforms to requirements under the provisions of the Federal Social Security Act and applicable statutes of Alabama.
(b) Blind assistance. - Blind assistance shall be payable under this chapter to or on behalf of any person who shall comply with the other requirements of this chapter and who:
(1) Is blind according to the definition of blindness established by the state department;
(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health; provided, that any earned income required by the Federal Social Security Act to be disregarded is hereby excepted;
(3) Is, at the time of filing an application for such assistance, a resident of this state;
(4) Is not receiving any other type of public assistance for which federal matching is available;
(5) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter;
(6) Has been examined by a duly licensed ophthalmologist or a licensed physician skilled in the diseases of the eye or a licensed optometrist, whichever the individual may select. The examiner shall certify to the county department in writing the results of the examination upon forms prescribed by the state department; and
(7) Shall not during the period of receiving assistance publicly solicit alms. The term “publicly solicit alms” shall be construed to mean either wearing, carrying or exhibiting signs denoting blindness, for the securing of alms, or the carrying of receptacles for the purpose of securing alms or the doing of the same by proxy, or stationary or house-to-house begging or any other means of securing alms.
(c) Old age pensions. - Old age pensions shall be payable under this chapter to or on behalf of any needy person who has attained the age of 65 years, who shall comply with the other requirements of this chapter and who:
(1) Is, at the time of filing an application for an old age pension, a resident of this state;
(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;
(3) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and
(4) Is not receiving any other type of public assistance for which federal matching is available.
(d) Aid to dependent children. - Aid to dependent children shall be payable under this chapter on behalf of any needy child who is a dependent child as defined in the Federal Social Security Act or amendments thereto who shall comply with the applicable requirements of this chapter, and who:
(1) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;
(2) Is, at the time application for such aid is filed, making his home in this state;
(3) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and
(4) Is not receiving any other type of public assistance for which federal matching is available. Any person having knowledge that any child is dependent and in need and if the interest of the public requires that such child be granted aid may bring such fact to the attention of the county department in the county where the child resides.
(e) Aid to permanently and totally disabled. - Aid to the permanently and totally disabled shall be payable under this chapter to or on behalf of any needy person 18 years of age or older who shall comply with the other requirements of this chapter and who:
(1) Is permanently and totally disabled according to the definition of permanent and total disability established by the state department and whose needy condition is primarily due to these limitations so that he is unable to provide himself with the necessities of life;
(2) Has not sufficient income and resources from all sources to provide a reasonable subsistence compatible with decency and health;
(3) Is, at the time of filing an application for such aid, a resident of this state;
(4) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter; and
(5) Is not receiving any other type of public assistance for which federal matching is available.
","history":"(Acts 1951, No. 703, p. 1211, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36850,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35797,"codeId":6656,"versionId":37351,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-2","shortTitle":"Section 38-4-2","catchLine":"Application for Assistance; Investigation; Determination of Eligibility and Amount of Assistance; Notice to Applicant.","title":"Section 38-4-2 Application for Assistance; Investigation; Determination of Eligibility and Amount of Assistance; Notice to Applicant.","sectionRange":null,"content":"(a) Applications for Temporary Assistance for Needy Families (TANF) cash assistance shall be made to the county department in the manner prescribed by the state department and shall contain such information as the state department may require; provided, that nothing contained in this chapter shall be construed as requiring the signing of a pauper’s oath on the part of any person making application for assistance hereunder. An investigation and record shall be promptly made by the county department of the circumstances of the applicant. Upon the completion of the investigation the county director shall determine whether the applicant is eligible for assistance under the provisions of this chapter and the rules and regulations of the state department and the amount of assistance he shall receive. The county director shall give notice in writing to the applicant of the action taken on his application or any subsequent change in payments.
(b) Within maximum matchable payments in which the federal government will participate as prescribed in the Federal Social Security Act, the amount of assistance to which any person described in Section 38-4-1 shall be entitled shall, under the rules and regulations of the state department, be determined upon the basis of the amount of total income and resources received by the applicant, the husband or wife of the applicant and/or the cohabiting partner of the applicant, as provided by rules promulgated by the Department of Human Resources, except as provided in Section 38-4-1, and such other conditions existing in each case as will determine the need for assistance for such person as provided in this chapter. The amount of such assistance shall be determined with due regard to the conditions existing in each case, subject to the funds available, and the rules and regulations and standards of the state department and the provisions of this chapter.
(c) No provision of this section shall affect in any manner the amount paid to a widow of a Confederate veteran now or hereafter placed on the pension rolls of this state.
","history":"(Acts 1951, No. 703, p. 1211, §14; Act 2014-425, p. 1561, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36851,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35798,"codeId":6661,"versionId":5269,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-3","shortTitle":"Section 38-4-3","catchLine":"Payments After Death.","title":"Section 38-4-3 Payments After Death.","sectionRange":null,"content":"When a recipient dies before delivery or negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the county director of human resources to the spouse or to a person, either relative or nonrelative, named by the recipient shall be sufficient authority to the drawee bank to pay such check.
","history":"(Acts 1951, No. 703, p. 1211, §15; Acts 1956, 1st Ex. Sess., No. 119, p. 175.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36852,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35799,"codeId":6665,"versionId":37352,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-4","shortTitle":"Section 38-4-4","catchLine":"Reduction, Cancellation or Continuance of Assistance Grant When Recipient Becomes Possessed of Income or Resources.","title":"Section 38-4-4 Reduction, Cancellation or Continuance of Assistance Grant When Recipient Becomes Possessed of Income or Resources.","sectionRange":null,"content":"(a) If at any time the recipient of public assistance, the husband or wife of such recipient, or the cohabiting partner of the recipient, as provided by rules promulgated by the Department of Human Resources, shall become possessed of any income or resources in excess of that owned or being received at the date of the application, it shall be the duty of the recipient immediately to notify the county department of the facts in the case. The county department, upon the notification or upon otherwise learning the facts, shall, after investigation, continue, reduce or cancel the amount of the grant as the facts may warrant. Its action in this respect shall be subject to appeal and review as provided in this chapter. For the purposes of this section, where aid to dependent children is the form of public assistance involved, the near relative, as defined in the Federal Social Security Act, shall report the acquisition of income and resources.
(b) Notwithstanding this Section or Section 38-4-2 or Section 38-11A-2, TANF cash assistance and eligibility requirements shall conform with federal eligibility requirement standards as provided for in Title IV, Part A, of the Social Security Act.
","history":"(Acts 1951, No. 703, p. 1211, §16; Act 2014-425, p. 1561, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36853,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35800,"codeId":6668,"versionId":5273,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-5","shortTitle":"Section 38-4-5","catchLine":"Right of Persons Applying for or Receiving Public Assistance to Appeal.","title":"Section 38-4-5 Right of Persons Applying for or Receiving Public Assistance to Appeal.","sectionRange":null,"content":"In the event a person is denied the right to apply for public assistance, or his application is not acted upon with reasonable promptness or is denied, or assistance is not granted promptly following establishment of eligibility, or in case the amount or terms of an award or of any modification thereof is deemed unjust, he may appeal to the state department for a hearing of his case. Notice and opportunity for a fair hearing shall be given the applicant by the state department and at this hearing any party at interest may appear and present any relevant facts. The action of the state department on any appeal shall be final and binding and shall be complied with.
","history":"(Acts 1951, No. 703, p. 1211, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36854,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35801,"codeId":6670,"versionId":5275,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-6","shortTitle":"Section 38-4-6","catchLine":"Subpoena of Witnesses.","title":"Section 38-4-6 Subpoena of Witnesses.","sectionRange":null,"content":"The state department and the county department shall have the power to issue subpoenas for witnesses and compel their attendance and the production of papers and writings and duly authorized employees of said departments may administer oaths and examine witnesses under oath.
","history":"(Acts 1951, No. 703, p. 1211, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36855,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35802,"codeId":6676,"versionId":5280,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-8","shortTitle":"Section 38-4-8","catchLine":"Assistance Grants Exempt from Taxes, Levy, Garnishment, or Other Process, and Inalienable; Bankruptcy.","title":"Section 38-4-8 Assistance Grants Exempt from Taxes, Levy, Garnishment, or Other Process, and Inalienable; Bankruptcy.","sectionRange":null,"content":"All amounts paid or payable as public assistance to needy persons shall be exempt from any tax levied by the state or any subdivision thereof and shall be exempt from levy, garnishment, attachment or any other process whatsoever and shall be inalienable, and in the case of bankruptcy, shall not pass to the trustee or other person acting on behalf of the creditors of the recipient of public assistance.
","history":"(Acts 1951, No. 703, p. 1211, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36856,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35803,"codeId":6680,"versionId":5284,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-9","shortTitle":"Section 38-4-9","catchLine":"Hospitalization of Incapacitated Applicants and Recipients of Old Age Pensions.","title":"Section 38-4-9 Hospitalization of Incapacitated Applicants and Recipients of Old Age Pensions.","sectionRange":null,"content":"In the event an applicant or recipient of an old age pension under this chapter is so physically incapacitated that it is necessary for him to be hospitalized, the county department is authorized to endeavor to make such arrangements as are necessary to secure such hospitalization, even though the amount to be expended exceeds the maximum assistance grant for which federal matching is available.
","history":"(Acts 1951, No. 703, p. 1211, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36857,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35804,"codeId":6684,"versionId":5287,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-10","shortTitle":"Section 38-4-10","catchLine":"Review by County Board of Findings and Awards of County Department.","title":"Section 38-4-10 Review by County Board of Findings and Awards of County Department.","sectionRange":null,"content":"The county board shall have the power to require a report of the finding and award of the county department in each case, to review such finding and award and either to approve, disapprove or amend such award in relation to federal and state laws and requirements.
","history":"(Acts 1951, No. 703, p. 1211, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36858,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35805,"codeId":6689,"versionId":5291,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-11","shortTitle":"Section 38-4-11","catchLine":"Confederate Widows Eligible for Old Age Assistance.","title":"Section 38-4-11 Confederate Widows Eligible for Old Age Assistance.","sectionRange":null,"content":"Any widow of a Confederate veteran entitled to a pension under the provisions of the laws authorizing the payment of such pensions to Confederate widows, who may also be eligible for old age assistance under the terms of this chapter, shall be required to make application for assistance as provided in this chapter. Any assistance actually received by any such person under the terms of this chapter shall be deducted from the pension due such person under the provisions of said Confederate pension laws. Nothing herein contained, however, shall ever under any circumstances be construed or allowed to cause any said widow to receive less than she would but for the provisions of this chapter.
","history":"(Acts 1951, No. 703, p. 1211, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36859,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35806,"codeId":6694,"versionId":5294,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-12","shortTitle":"Section 38-4-12","catchLine":"Appropriation from Confederate Pension Funds for Old Age Pension Purposes and for Veterans’ Programs.","title":"Section 38-4-12 Appropriation from Confederate Pension Funds for Old Age Pension Purposes and for Veterans’ Programs.","sectionRange":null,"content":"(a) Except as provided in subsection (b), there is appropriated, beginning with the fiscal year ending September 30, 1998, to the state department, for old age pension purposes, out of the proceeds from the levy of the one mill tax for the relief of needy Confederate soldiers and sailors and their widows, a sum not to exceed $20,773,500 annually of the surplus or residue from the tax after the payment in full of the pensions to the widows of Confederate soldiers and sailors, other charges against the fund set out in the laws authorizing the payment of the pensions to the widows, and annually to the Department of Revenue, as a first charge against the proceeds of the one mill tax, funds for the annual costs of the Department of Revenue for administering the tax. In making this appropriation, it is declared to be the legislative policy that the Department of Human Resources shall expend its portion of the surplus or residue hereby appropriated and all moneys received by it from the federal government as matching funds for all funds expended for Confederate pensions or as matching funds for the surplus or residue hereby appropriated under this section, for old age pension purposes exclusively insofar as is possible under existing laws and the rules and regulations of the federal government and of the Department of Human Resources in regard thereto, before any part thereof may be expended for any other purposes of the Department of Human Resources.
(b) Beginning with the fiscal year ending September 30, 1997, all of the remaining surplus or residue from the tax provided in (a) above, after deducting the amounts appropriated to the Department of Human Resources and the Department of Revenue under the annual appropriations act for the fiscal year ending September 30, 1997, and under subsection (a) of this section for each year thereafter, is hereby appropriated to the State Veterans’ Assistance Fund to be expended for veterans’ programs approved by the State Board of Veterans’ Affairs, including expenditures for emergencies and needs in the state’s veterans’ nursing homes.
","history":"(Acts 1951, No. 703, p. 1211, §25; Acts 1993, No. 93-309, p. 464, §1; Acts 1997, No. 97-279, p. 499, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36860,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35807,"codeId":6697,"versionId":5296,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-12.1","shortTitle":"Section 38-4-12.1","catchLine":"Alabama Veterans’ Assistance Fund.","title":"Section 38-4-12.1 Alabama Veterans’ Assistance Fund.","sectionRange":null,"content":"(a) There is hereby created in the State Treasury a fund to be known as the Alabama Veterans’ Assistance Fund, into which shall be deposited receipts from the one mill ad valorem tax as authorized in Section 38-4-12. The expenditure of all monies deposited into the fund shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Title 41.
(b) All of the surplus or residue of the one mill tax for the relief of needy Confederate soldiers and sailors and their widows remaining from its appropriation for the fiscal year ending September 30, 1996, shall be transferred and deposited into the Alabama Veterans’ Assistance Fund established by subsection (a).
","history":"(Acts 1997, No. 97-279, p. 499, §§2, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36861,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35808,"codeId":6702,"versionId":5301,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-13","shortTitle":"Section 38-4-13","catchLine":"State Public Welfare Trust Fund.","title":"Section 38-4-13 State Public Welfare Trust Fund.","sectionRange":null,"content":"There is hereby created a state public welfare trust fund. All receipts of the State Department of Human Resources shall be deposited in the state treasury to the credit of this trust fund, including general fund appropriations, sales tax receipts, liquor profit receipts, the surplus of the Confederate pension fund, federal funds and all other receipts, income or gifts to the state department. Disbursements from the state public welfare trust fund shall be made on warrants drawn by the state comptroller on the state treasury, upon the authorization of the State Commissioner of Human Resources.
","history":"(Acts 1951, No. 698, p. 1205.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36862,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35809,"codeId":45474,"versionId":37596,"parentId":6652,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-4-14","shortTitle":"Section 38-4-14","catchLine":"Limitations on Use of Public Assistance Benefits.","title":"Section 38-4-14 Limitations on Use of Public Assistance Benefits.","sectionRange":null,"content":"(a) For the purposes of this section, the term public assistance benefits means money or property provided directly or indirectly to eligible persons through programs of the federal government, the state, or any political subdivision thereof, and administered by the Alabama Department of Human Resources.
(b)(1) A recipient of public assistance benefits may not use any portion of the benefits for the purchase of any alcoholic beverage, tobacco product, or lottery ticket. Any person who violates this subsection shall reimburse the Department of Human Resources for the purchase and shall be subject to the following sanctions:
a. Upon the first violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card for one month.
b. Upon the second violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or electronic benefits transfer access card for three months.
c. Upon a third or subsequent violation, the person shall be permanently disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card.
(2) A person who is disqualified from receiving public assistance benefits under this subsection shall have the right to a hearing pursuant to the Alabama Administrative Procedure Act.
(c)(1) A cash recipient of public assistance benefits may not withdraw or use cash benefits by means of an Electronic Benefits Transfer transaction for the purchase of goods or services in a retail establishment the primary purpose of which is the sale of alcoholic beverages, a casino, a tattoo or body piercing facility, a facility providing psychic services, or an establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state. Any person who violates this subsection shall reimburse the Department of Human Resources for the amount withdrawn and used and shall be subject to the following sanctions:
a. Upon the first violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card for a period of one month.
b. Upon the second violation, the person shall be disqualified from receiving public assistance benefits by means of direct cash payment or electronic benefits transfer access card for a period of three months.
c. Upon a third or subsequent violation, the person shall be permanently disqualified from receiving public assistance benefits by means of direct cash payment or an electronic benefits transfer access card.
(2) A person who is disqualified from receiving public assistance benefits under this subsection shall have the right to a hearing pursuant to the Alabama Administrative Procedure Act.
(d) If a parent is deemed permanently disqualified from receiving public assistance benefits under subsection (b) or (c), the dependent child or other adult family member’s eligibility for public assistance benefits is not affected.
(1) An appropriate protective payee shall be designated to receive benefits on behalf of the child members.
(2) The parent may choose to designate another person to receive benefits for the minor child members. The designated person must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another person may be designated. The designated person must be approved by the department.
(e) The Department of Human Resources shall inform all applicants for and recipients of public assistance benefits of the restrictions contained in this section and the penalties for violating those restrictions through any means practical.
(f)(1) The Department of Human Resources shall consult with providers of automatic teller machine services to consider the implementation of a program or method of blocking access to cash benefits from an electronic benefits transfer access card issued by the department at automatic teller machines located in or at a retail establishment the primary purpose of which is the sale of alcoholic beverages, a casino, a tattoo facility, a facility providing psychic services, or an establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state. If the department determines the implementation of a program is feasible, the department shall initiate the program by October 1, 2015.
(2) If the department requires a federal waiver to comply with this section, the department shall apply immediately for the federal waiver.
(g) The Department of Human Resources shall adopt rules to implement this section.
(h)(1) The Alabama Department of Human Resources shall perform a monthly incarceration match to obtain information to assist in determining eligibility for public assistance benefits based on incarceration status.
(2) If the department determines that a recipient of public assistance benefits is incarcerated at the time the incarceration match is performed, the department shall not issue an electronic benefits transfer access card to the incarcerated recipient. If an electronic benefits transfer access card has already been issued to the incarcerated recipient, the department shall deactivate the card.
(i) The department shall perform a monthly match using the United States Social Security Death Index Database to determine if a recipient is deceased. If the department determines that the recipient is deceased at the time the index match is performed, the department shall not issue an electronic benefits transfer access card. If an electronic benefits transfer access card has already been issued to the deceased recipient, the department shall deactivate the card.
","history":"(Act 2014-419, p. 1531, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36863,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35810,"codeId":6711,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"5","shortTitle":"Chapter 5","catchLine":"Assistance to Needy Blind Persons.","title":"Chapter 5 Assistance to Needy Blind Persons.","sectionRange":"§38-5-1 to §38-5-7","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36865,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35811,"codeId":6713,"versionId":5309,"parentId":6711,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-5-1","shortTitle":"Section 38-5-1","catchLine":"Amount of Assistance.","title":"Section 38-5-1 Amount of Assistance.","sectionRange":null,"content":"Any applicant who qualifies under the provisions of this chapter shall be entitled to an amount of assistance, which, when added to the income of the applicant from all other sources, equals $125.00 per month; provided, that any income or resources permitted to be disregarded by the laws of the United States or regulations issued pursuant thereto in calculating aid to blind persons shall not be considered as income of the applicant and shall not reduce the amount of assistance herein provided. In any case where it is found that the needs of an applicant exceed the minimum provided by this section, an additional amount of assistance shall be paid.
","history":"(Acts 1963, No. 574, p. 1195, §3; Acts 1966, Ex. Sess., No. 262, p. 405; Acts 1971, No. 2429, p. 3879.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36866,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35812,"codeId":6715,"versionId":5313,"parentId":6711,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-5-2","shortTitle":"Section 38-5-2","catchLine":"To Whom Assistance Payable.","title":"Section 38-5-2 To Whom Assistance Payable.","sectionRange":null,"content":"Assistance to the blind shall be payable under this chapter to or on behalf of any person:
(1) Who shall comply with the other requirements of this chapter; and
(2) Has not sufficient income and resources to provide a reasonable subsistence compatible with decency and health, as further provided in this chapter; provided, that any income or resources required or permitted by the Federal Social Security Act or regulations made thereunder to be disregarded are hereby excepted; and
(3) Who qualifies for blind assistance under subsection (b) of section 38-4-1.
","history":"(Acts 1963, No. 574, p. 1195, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36867,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35813,"codeId":6724,"versionId":5319,"parentId":6711,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-5-3","shortTitle":"Section 38-5-3","catchLine":"Purpose of Chapter.","title":"Section 38-5-3 Purpose of Chapter.","sectionRange":null,"content":"The purpose of the provisions of this chapter is to relieve blind persons from the distress of poverty, to promote self-care, to enlarge the economic opportunities of the blind and to stimulate the blind to greater efforts in striving to render themselves self-supporting.
","history":"(Acts 1963, No. 574, p. 1195, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36868,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35814,"codeId":6726,"versionId":5320,"parentId":6711,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-5-4","shortTitle":"Section 38-5-4","catchLine":"Property Which May Be Retained by Applicant.","title":"Section 38-5-4 Property Which May Be Retained by Applicant.","sectionRange":null,"content":"An applicant may retain personal or real property owned by him or in combination with any other person without reference to its value if it serves to provide the applicant with a home. Real property owned by the applicant or in combination with his spouse which is producing income, reasonably consistent with its value, which is used for the support of the applicant, may be retained in an amount not to exceed an assessed valuation of $5,000.00 as assessed by the county assessor, less any encumbrances thereon of record. The applicant may retain as a reserve for future contingencies any combination of personal or real property not to exceed a total net value of $1,200.00. The value of the following property shall be excluded in determining eligibility under this chapter:
(1) Personal jewelry, personal effects, home furnishings and other property used to provide, equip and maintain a home for the applicant;
(2) Such additional income and resources by those recipients who have a plan for self-support as may be found necessary to carry out such plan for up to a period of 12 months, or so long as may be permitted under the regulations of the Federal Department of Health, Education and Welfare;
(3) Motor vehicles needed for transportation;
(4) Any property right which is essential to land use or which is not available for the use of or expenditure by or in behalf of the applicant to meet a current or future need of said applicant.
","history":"(Acts 1963, No. 574, p. 1195, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36869,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35815,"codeId":6733,"versionId":5324,"parentId":6711,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-5-5","shortTitle":"Section 38-5-5","catchLine":"Aid Inalienable; Cost of Hospitalization, Medical Care, Etc., Not to Constitute a Lien on Property of Recipient.","title":"Section 38-5-5 Aid Inalienable; Cost of Hospitalization, Medical Care, Etc., Not to Constitute a Lien on Property of Recipient.","sectionRange":null,"content":"All aid given as public assistance for the blind shall be absolutely inalienable by any assignment, sale, attachment, execution or otherwise; and, in case of bankruptcy, the assistance shall not pass through any trustee or other person acting on behalf of creditors. The cost of hospitalization or other medical care or other service furnished by the state or by a county to a recipient of assistance under this chapter shall not constitute a lien upon any real or personal property or personal effects of such recipient.
","history":"(Acts 1963, No. 574, p. 1195, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36870,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35816,"codeId":6737,"versionId":5327,"parentId":6711,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-5-6","shortTitle":"Section 38-5-6","catchLine":"Relatives Not Legally Liable for Support, Hospital and Medical Care, Etc.","title":"Section 38-5-6 Relatives Not Legally Liable for Support, Hospital and Medical Care, Etc.","sectionRange":null,"content":"No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of assistance under this chapter. No relative shall be held liable to defray in whole or in part the cost of any medical care or hospital care or other service rendered to said recipient pursuant to any provision of this chapter if he is an applicant for or a recipient of assistance under this chapter at the time such medical care or hospital care or other service is rendered.
","history":"(Acts 1963, No. 574, p. 1195, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36871,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35817,"codeId":6742,"versionId":5329,"parentId":6711,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-5-7","shortTitle":"Section 38-5-7","catchLine":"Conflicts with Social Security Act.","title":"Section 38-5-7 Conflicts with Social Security Act.","sectionRange":null,"content":"Should any portion, section or clause of this chapter be declared or adjudicated to be contrary to or inconsistent with the provisions of the Social Security Act, as amended, that portion, section or clause of this chapter shall have no further force or effect.
","history":"(Acts 1963, No. 574, p. 1195, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36872,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35818,"codeId":6751,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"6","shortTitle":"Chapter 6","catchLine":"Medical Assistance to Elderly Persons.","title":"Chapter 6 Medical Assistance to Elderly Persons.","sectionRange":"§38-6-1 to §38-6-9","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36873,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35819,"codeId":6752,"versionId":5334,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-1","shortTitle":"Section 38-6-1","catchLine":"Program of Medical Assistance to Elderly Not Receiving Pensions Authorized.","title":"Section 38-6-1 Program of Medical Assistance to Elderly Not Receiving Pensions Authorized.","sectionRange":null,"content":"The State Department of Human Resources is authorized to establish, in keeping with Title I of the Federal Social Security Act as amended, a medical assistance program for certain persons 65 years of age and over not receiving old age pensions. The Department of Human Resources shall be responsible for the administration of the program but may contract with another state agency or private organization in connection with this program.
","history":"(Acts 1961, No. 683, p. 976, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36874,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35820,"codeId":6756,"versionId":5338,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-2","shortTitle":"Section 38-6-2","catchLine":"Medical Assistance Defined; Right to Choose Practitioner or Participate in Program.","title":"Section 38-6-2 Medical Assistance Defined; Right to Choose Practitioner or Participate in Program.","sectionRange":null,"content":"Medical assistance for persons 65 years of age and over not receiving old age pensions shall mean the same as the term is defined in the Federal Social Security Act as amended. Any individual receiving medical assistance under this chapter shall have full freedom of choice in selecting any provider of medical care and services, as defined in Title I of the Federal Social Security Act as amended, who is duly licensed to provide such care and services to the general public by a state licensing authority when such licensing is required and who qualifies and agrees to participate under this chapter. All providers of such medical assistance to the aged electing to qualify to participate in the state plan under this chapter shall have the opportunity to do so.
","history":"(Acts 1961, No. 683, p. 976, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36875,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35821,"codeId":6760,"versionId":5341,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-3","shortTitle":"Section 38-6-3","catchLine":"Determination of Scope of Medical Assistance.","title":"Section 38-6-3 Determination of Scope of Medical Assistance.","sectionRange":null,"content":"The State Board of Human Resources, in conference with the commissioner, shall determine from time to time the scope and kinds of medical assistance for the aged which the department will administer. This determination shall be made with due regard to:
(1) The amount of state and federal funds available for this purpose;
(2) The most pressing medical needs of the aged not receiving old age pensions but without sufficient income and resources to meet the costs of necessary medical services; and
(3) The assurance that persons in similar circumstances will receive equitable treatment throughout the state.
","history":"(Acts 1961, No. 683, p. 976, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36876,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35822,"codeId":6766,"versionId":5345,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-4","shortTitle":"Section 38-6-4","catchLine":"Rules for Determining Eligibility for Assistance.","title":"Section 38-6-4 Rules for Determining Eligibility for Assistance.","sectionRange":null,"content":"The commissioner shall develop reasonable standards and rules of procedure for determining eligibility for medical assistance for the aged, including those necessary to comply with the Federal Social Security Act as amended. Such standards and rules shall prescribe safeguards which restrict the use or disclosure of information concerning applicants for and recipients of medical assistance for the aged to purposes directly connected with the administration of this chapter.
","history":"(Acts 1961, No. 683, p. 976, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36877,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35823,"codeId":6774,"versionId":5349,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-5","shortTitle":"Section 38-6-5","catchLine":"Persons Eligible for Medical Assistance.","title":"Section 38-6-5 Persons Eligible for Medical Assistance.","sectionRange":null,"content":"Medical assistance for the aged shall be payable under this chapter on behalf of any needy person who has attained the age of 65 years and who:
(1) Has made application therefor in the manner prescribed by the State Department of Human Resources;
(2) Has been certified by the appropriate medical profession to be in need of medical assistance under this chapter;
(3) Has not sufficient income and resources (including insurance, workers’ compensation, etc.) to meet the cost of necessary medical services;
(4) Is a resident of the state;
(5) Has not directly or indirectly disposed of or deprived himself of any property for the purpose of qualifying for the benefits of this chapter;
(6) Is not receiving an old age pension.
Medical assistance for the aged shall be payable under this chapter on behalf of any person who is a patient of an institution, public or private, where such payments are matchable under the provisions of the Federal Social Security Act as amended and where such institution conforms to the requirements of the Federal Social Security Act as amended and applicable statutes of Alabama. Medical assistance for the aged shall be payable under this chapter on behalf of any person who needs noninstitutional care and services for such care and services as provided under Title I of the Federal Social Security Act as amended.
","history":"(Acts 1961, No. 683, p. 976, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36878,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35824,"codeId":6778,"versionId":5352,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-6","shortTitle":"Section 38-6-6","catchLine":"Procedures for Determining Eligibility.","title":"Section 38-6-6 Procedures for Determining Eligibility.","sectionRange":null,"content":"Eligibility for medical assistance for the aged shall be determined by the Department of Human Resources through such procedures as the department shall develop.
","history":"(Acts 1961, No. 683, p. 976, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36879,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35825,"codeId":6783,"versionId":5355,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-7","shortTitle":"Section 38-6-7","catchLine":"Hearing for Applicant or Recipient.","title":"Section 38-6-7 Hearing for Applicant or Recipient.","sectionRange":null,"content":"A hearing shall be provided any applicant for or recipient of medical assistance for the aged as provided in Section 38-4-5.
","history":"(Acts 1961, No. 683, p. 976, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36880,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35826,"codeId":6787,"versionId":5359,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-8","shortTitle":"Section 38-6-8","catchLine":"Penalty for False Representation.","title":"Section 38-6-8 Penalty for False Representation.","sectionRange":null,"content":"The penalty for false representation under this chapter shall be the same as contained in Section 38-4-7.
","history":"(Acts 1961, No. 683, p. 976, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36881,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35827,"codeId":6792,"versionId":5364,"parentId":6751,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-6-9","shortTitle":"Section 38-6-9","catchLine":"Suspension of Provisions Conflicting with Amendments to Social Security Act.","title":"Section 38-6-9 Suspension of Provisions Conflicting with Amendments to Social Security Act.","sectionRange":null,"content":"Any portion of this chapter which shall come in conflict with the provisions of the Federal Social Security Act by reason of amendments of said Federal Social Security Act hereafter adopted shall, on certificate of the Attorney General that such conflict exists, be suspended in its operation until amendment thereof can be given consideration by the next legislative session.
","history":"(Acts 1961, No. 683, p. 976, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36882,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35828,"codeId":6802,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"7","shortTitle":"Chapter 7","catchLine":"Child Care.","title":"Chapter 7 Child Care.","sectionRange":"§38-7-1 to §38-7-22","content":null,"history":null,"numChildren":24,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36883,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35829,"codeId":6804,"versionId":5372,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-1","shortTitle":"Section 38-7-1","catchLine":"Short Title.","title":"Section 38-7-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Child Care Act of 1971.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36884,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35830,"codeId":6807,"versionId":45827,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-2","shortTitle":"Section 38-7-2","catchLine":"Definitions.","title":"Section 38-7-2 Definitions.","sectionRange":null,"content":"Terms used in this chapter, unless the context otherwise requires, have the meanings ascribed to them in this section. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number, and the word “shall” is always mandatory and not merely directory:
(1) CHILD. Any person under 19 years of age, a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117, or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more than 10 children are received and maintained for the purpose of providing them with care or training or both, or transitional living program services, but does not include:
a. Any institution for child care which is under the ownership or control, or both, of the State of Alabama, or which is operated or certified or licensed by another agency or department of the State of Alabama;
b. Any juvenile detention home established and operated by the State of Alabama;
c. Any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in public schools, grades 1 through 12, or taught in public elementary schools, high schools, or both elementary and high schools.
(3) CHILD-PLACING AGENCY. A public or private child-care facility which receives, places, or arranges for the placement of any child or children in adoptive or foster family homes or other facilities for child care apart from the custody of the child’s or children’s parents. The term includes, but is not limited to, all agencies established and maintained by a municipality or other political subdivision of the State of Alabama to protect, guard, train, or care for children outside their own homes, but does not include any circuit court or juvenile court or any duly appointed juvenile probation officer or youth counselor of the court who receives and places children under an order of the court.
(4) DAY CARE CENTER. Any child-care facility receiving more than 12 children for daytime care during all or part of a day. The term includes, but is not limited to, facilities commonly called “child-care centers,” “day nurseries,” “nursery schools,” “pre-kindergartens,” “preschools,” “kindergartens,” and “play groups,” with or without stated educational purposes. The term further includes, but is not limited to, pre-kindergarten, preschool, kindergarten, or nursery schools or other daytime programs operated as a part of a private school and receiving children younger than lawful school age for daytime care for more than four hours a day, with or without stated educational purposes. The term does not include any of the following:
a. Kindergartens or nursery schools or other daytime programs operated by public elementary systems or secondary level school units or institutions of higher learning.
b. Kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age.
c. Kindergartens or nursery schools or other daytime programs operated as a part of a private school and receiving children younger than lawful school age for four hours a day or less, with or without stated educational purposes.
d. Facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where transient children are cared for temporarily while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and readily available. The facilities shall meet local and state fire and health requirements.
e. Any type of day care center that is conducted on federal government premises.
f. Special activities programs for children of lawful school age including, but not limited to, athletics, crafts instruction, and similar activities conducted on an organized and periodic basis by civic, charitable, and governmental organizations, provided local and state fire and health requirements are met.
(5) DAY CARE HOME. A child-care facility which is a family home and which receives not more than six children for care during the day.
(6) DEPARTMENT. The Department of Human Resources of the State of Alabama.
(7) FACILITY FOR CHILD CARE or CHILD-CARE FACILITY. A facility established by any person, group of persons, agency, association, or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody, in any facility as defined in this chapter, established and maintained for the care of children.
(8) FOSTER FAMILY HOME. A child-care facility in a residence of a family where the family receives a child or children, whether related or not related to the family as the term “related” is defined in this section, for the purpose of providing family care or therapeutic family care and training, or transitional living program services on a full-time basis. The types of foster family homes are defined as follows:
a. Traditional foster family home. A child care facility in a residence of a family where the family receives a child or children, not related to that family as that term is defined in Section 12-15-301(14), for the purpose of providing family care and training on a full-time basis.
b. Related foster family home. A foster family home wherein the family is related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great-grandparent, great aunt, great uncle, great-great grandparent, niece, nephew, grandniece, grandnephew, or a stepparent.
c. Free home. A foster family home, whether related or not related as defined in Section 12-15-301(14), which does not receive payment for the care of a child or children and which may or may not receive the child or children for the purpose of adoption.
d. Therapeutic foster family home. A child care facility in a residence of a family where the family receives a child or children for the purpose of providing therapeutic family care and training on a full-time basis.
(9) GROUP DAY CARE HOME. A child-care facility which is a family home and which receives at least seven but no more than 12 children for care during part of the day where there are at least two adults present and supervising the activities.
(10) GROUP HOME. A child-care facility where at least seven but not more than 10 children are received and maintained for the purpose of providing them with care or training, or both, or transitional living program services.
(11) MATERNITY CENTER. A facility in which any person, agency, or corporation receives or cares for one or more minor pregnant girls, except that the term does not include hospitals.
(12) NIGHT CARE FACILITY. A child-care facility which is a center or a family home receiving a child or children for care during the night. The term includes the following:
a. Nighttime center. A facility which is established to receive more than 12 children for nighttime care.
b. Nighttime home. A family home which receives no more than six children for nighttime care.
c. Group nighttime home. A child-care facility which is a family home which receives at least seven but no more than 12 children for nighttime care and where there are at least two adults present and supervising the activities.
(13) RELATED. Any of the following relationships by blood, marriage, or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, half brother, half sister, uncle or aunt, and their spouses.
(14) TRANSITIONAL LIVING FACILITY. A child-care facility or program that is designed to give opportunities to practice independent living skills to eligible persons at least 16 years of age and under 21 years of age in foster care in a variety of residential settings with varying degrees of care and supervision.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §§2-2.12; Acts 1987, No. 87-671, p. 1198; Acts 1993, 1st Ex. Sess., No. 93-904, p. 197, §1; Acts 1995, No. 95-255, p. 427, §1; Act 2016-354, p. 867, §2; Act 2018-278, §2; Act 2021-225, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36885,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35831,"codeId":6816,"versionId":42731,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-3","shortTitle":"Section 38-7-3","catchLine":"License to Operate or Conduct Child-Care Facility - Requirements; Recordkeeping; Parental Notifications, Etc.; Affidavits; Inspections and Investigations.","title":"Section 38-7-3 License to Operate or Conduct Child-Care Facility - Requirements; Recordkeeping; Parental Notifications, Etc.; Affidavits; Inspections and Investigations.","sectionRange":null,"content":"(a) No person, group of persons, or corporation may operate or conduct any facility for child care, as defined in this chapter, without being licensed or approved as provided in this chapter.
(b)(1) Except as provided in subdivision (2), the licensure requirements of this chapter do not apply to a child-care facility that is operating as an integral part of a local church ministry or a religious nonprofit school, and is so recognized in the church or school’s documents, whether operated separately or as a part of a religious nonprofit school unit, secondary school unit, or institution of higher learning under the governing board or authority of the local church or its convention, association, or regional body to which it may be subject.
(2) A child-care facility that receives state or federal funds or is operating for profit is not exempt from licensure under this subsection.
(c) A child-care facility exempt from licensure under subsection (b) shall do all of the following to maintain its license exempt status:
(1) Provide notice of operation on an annual basis to the appropriate fire and health departments so that the facility may be inspected in accordance with the state and local fire and health requirements, provided the facility shall be inspected at least annually by the appropriate fire department and the appropriate health department.
(2) Provide to the department on or before October 1, 2018, and annually thereafter, the following records and certify that the records are being maintained by the church or school:
a. Documentation indicating the child-care facility is in compliance with fire inspections and health inspections.
b. Employee names and their criminal history information pursuant to Section 38-13-3.
c. Proof of property, casualty, and liability insurance, as prescribed by the department.
(3) Provide to the department, upon request, immunization verifications for all children and medical history forms for all staff and children, and certify that the records are being maintained by the church or school.
(4) Provide the department within 30 days of any updated fire inspection report, health inspection report, new criminal background check suitability letter, or receipt of updated insurance information as required under subdivision (2).
(5) Provide notice to parents or guardians of all of the following information prior to enrollment of a child in the child-care facility:
a. Staff qualifications.
b. Pupil-staff ratio.
c. Discipline policies.
d. The type of curriculum used in the learning program.
e. The religious teachings to be given each child.
f. The type of lunch program available.
(6) Post in plain view in a public area a statement that the program is not regulated or licensed by the Department of Human Resources.
(7) Require a parent or guardian to sign an affidavit stating that the parent or guardian has been notified by the responsible individual of the church or school that the child-care facility has filed notice to the department and is exempt from licensure and regulation by the department. The child-care facility shall file the affidavits annually with the department. The affidavit shall be substantially in the following form:
Form of Affidavit for Parent/Guardian
STATE OF ALABAMA
COUNTY OF _____
Before me, a notary public in and for said state and county, appeared _____ and is known to me, after being duly sworn or affirmed, says as follows:
That affiant is the parent or legal guardian of the minor child/children _____; that affiant has been notified by _____, a representative of _____ church/school, that said church or school has filed notice and is exempt under law from regulation by the Department of Human Resources.
______ Parent/Legal Guardian
Sworn, or affirmed to and subscribed before me this _____ day of _____, 20__.
(8) A responsible individual of the child-care facility shall file an affidavit annually with the department certifying that it has satisfied all of the requirements of this section. The affidavit shall be substantially in the following form:
Form of Affidavit for Church/School
STATE OF ALABAMA
COUNTY OF _____
Before me, a notary public in and for said state and county, appeared _____ and is known to me, after being duly sworn or affirmed says as follows:
That affiant is the designated representative of _____ church/school and that the below listed parents/guardians have been notified prior to enrollment/reenrollment that _____ church/school has filed notice with and is exempt under law from regulation by the Department of Human Resources: ______
_______________ Representative
The affiant certifies that the child-care facility does not receive state or federal funds and, that to the best of the affiant’s knowledge, no child enrolled in the program receives a child-care subsidy from the Department of Human Resources; the facility is in compliance with all applicable building, fire, and health codes; the facility has provided the information requested under Section 38-7-3, Code of Alabama 1975, to all parents or guardians of children enrolled in the facility; and the facility has posted notice in plain view in a public area stating that the child-care facility is not licensed or regulated by the Department of Human Resources.
Sworn or affirmed to and subscribed before me this ____ day of ______, 20__.
_______________ Notary Public
(d)(1) On and after March 21, 2018, any church or nonprofit religious school intending to operate a new child-care facility in the state shall notify the department at least 30 days prior to operating, and the department shall inspect the facility and ensure compliance with this section before the facility may begin operating.
(2) The department shall inspect any child-care facility that is exempt from licensure under subsection (b) at any time if it has reasonable cause to believe the facility is not in compliance with this section or the safety of a child is at risk. If the department finds there exists a situation that may put the safety of a child at risk, the department may refer to the fire or health department or to the local district attorney for the proper remedy or action.
(e) The district attorney of the county in which a child-care facility that is exempt from licensure under subsection (b) is located, upon presentment of charges, shall investigate at his or her discretion, any allegations against the church or nonprofit religious school operating the facility under the laws of the state.
(f) The department, upon request, shall provide any documentation necessary to confirm any of the information relevant to a determination of whether a child-care facility is exempt under subsection (b) to the district attorney.
(g) Any child-care facility that is exempt from licensure under subsection (b), upon request by the department, shall provide the department with any information listed in subsection (c) within 15 days.
(h) Nothing in this section or in this chapter prohibits an employee of the department from carrying out the duties of the department as prescribed in this title.
(i) Nothing in this section or in this chapter infringes upon the religious teaching or practices of a licensed faith-based child-care facility.
(j) A child-care facility that is an integral part of a church or nonprofit religious school, other than a child care facility exempt from licensure under subsection (b), shall be licensed in accordance with this chapter no later than August 1, 2019.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §3; Acts 1981, No. 81-310, p. 396; Act 2018-278, §§2,4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36886,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35832,"codeId":6823,"versionId":5388,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-4","shortTitle":"Section 38-7-4","catchLine":"License to Operate or Conduct Child-Care Facility - Application; Investigation; Application to Operate Foster Family Home May Be Made to Licensed Child-Placing Agency.","title":"Section 38-7-4 License to Operate or Conduct Child-Care Facility - Application; Investigation; Application to Operate Foster Family Home May Be Made to Licensed Child-Placing Agency.","sectionRange":null,"content":"Any person, group of persons or corporation who or which receives children or arranges for care or placement of one or more children unrelated to the operator shall apply for a license or for approval to operate one of the types of child-care facilities defined in this chapter. Application for such license or approval to operate a child-care facility shall be made to the department in the manner and on forms prescribed by it. The department, upon receiving such application, shall examine the premises of the child-care facility, including buildings, equipment, furnishings and appliances thereof and shall investigate the persons responsible for the care of children therein. If, upon such examination of the facility and investigation of the persons responsible for care of children, the department is satisfied that the facility and the responsible persons reasonably meet standards prescribed for the type of child-care facility for which application is made, the department shall issue a license or an approval in the proper form, designating on said license or approval the type of child-care facility and, except for a child-placing agency, the number of children to be served at any one time. Application to operate a foster family home may be made to a licensed child-placing agency as defined in subdivision (7) of Section 38-7-2, and such licensed child-placing agency may examine said foster family home and investigate persons therein responsible for the care of children, and, upon being satisfied that the foster family home and the responsible persons reasonably meet standards prescribed by the department, said licensed child-placing agency may issue an approval to said foster family home.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36887,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35833,"codeId":6828,"versionId":5393,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-5","shortTitle":"Section 38-7-5","catchLine":"License to Operate or Conduct Child-Care Facility - Issuance and Term; Temporary Permits; Provisional Approval of Home; Preferential Treatment of Family Members Concerning Placement of Children.","title":"Section 38-7-5 License to Operate or Conduct Child-Care Facility - Issuance and Term; Temporary Permits; Provisional Approval of Home; Preferential Treatment of Family Members Concerning Placement of Children.","sectionRange":null,"content":"(a) Licenses or approvals shall be issued in such form and manner as prescribed by the department and are valid for two years from the date issued, unless revoked by the department or voluntarily surrendered by the licensee, or by the child-care facility designated on the notice of approval, provided, that the following occur:
(1) Licenses or approvals for boarding homes are valid for one year from the date of issuance, unless revoked by the department, or by the licensed child-placing agency which issued the approval, or unless voluntarily surrendered by the licensee or by the child-care facility designated on the notice of approval.
(2) Approvals for free homes shall continue in effect until notice of disapproval is given by the department, or by the licensed child-placing agency which issued the approval, or until the child-care facility designated on the notice of approval voluntarily withdraws.
(b) The department may issue a six-month permit to a facility for child care to allow such facility reasonable time to become eligible for a full license; provided, however, that no such six-month permit shall be issued to a foster family home.
(c) Notwithstanding any other provision of law to the contrary, when a child is taken into the department’s foster care or custody on an emergency basis, or when there is a disruption or imminent disruption in a current foster care placement requiring placement elsewhere, and a prospective foster home is available, the department or licensed child-placing agency may conduct a preliminary inspection of the home and issue a provisional approval of the home. The provisional approval shall continue in effect for no more than six months and is nonrenewable. A provisional approval may be denied or revoked by the department at any time for failure to meet minimum standards set by the department or for any reason set forth in Section 38-7-8.
(d) Prior to the emergency licensing of foster homes, the department shall adhere to the settlement agreement reached in the R.C. v. Nachman lawsuit relating to preferential treatment for family members concerning the placement of children.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §5; Acts 1996, No. 96-765, p. 1350, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36888,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35834,"codeId":6835,"versionId":5398,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-6","shortTitle":"Section 38-7-6","catchLine":"License to Operate or Conduct Child-Care Facility - Renewal; Reexamination; Renewal of Approval of Boarding Home.","title":"Section 38-7-6 License to Operate or Conduct Child-Care Facility - Renewal; Reexamination; Renewal of Approval of Boarding Home.","sectionRange":null,"content":"(a) A licensed or approved child-care facility operating under this chapter shall apply for renewal of its license or approval, the application to be made to the department on forms prescribed by it; provided, however, that application for renewal of approval of a boarding home may be made to the licensed child-placing agency which issued the approval.
(b) The department shall reexamine every child-care facility for renewal of license or approval, including in that process, but not limited to, the examination of the premises and records of the facility and the persons responsible for the care of children as the department considers necessary to determine that minimum standards for licensing or approval continue to be met; provided, however, that in the case of a boarding home approved by a licensed child-placing agency, such reexamination may be made by said agency. If the department or the licensed child-placing agency, as the case may be, is satisfied that the facility continues to meet and maintain minimum standards which the department prescribes and publishes, the department shall renew the license or approval to operate the facility or the licensed child-placing agency shall renew its approval of a boarding home.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36889,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35835,"codeId":6843,"versionId":5405,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-7","shortTitle":"Section 38-7-7","catchLine":"License to Operate or Conduct Child-Care Facility - Department to Establish Minimum Standards for Licensing; Factors to Be Considered; Children in Need of Special Treatment; Department to Offer Consultation.","title":"Section 38-7-7 License to Operate or Conduct Child-Care Facility - Department to Establish Minimum Standards for Licensing; Factors to Be Considered; Children in Need of Special Treatment; Department to Offer Consultation.","sectionRange":null,"content":"(a) The department shall prescribe and publish minimum standards for licensing and for approving all child-care facilities, as defined in this chapter. In establishing such standards the department shall seek the advice and assistance of persons representative of the various types of child-care facilities. The standards prescribed and published under this chapter shall include regulations pertaining to:
(1) The operation and conduct of the child-care facility and the responsibility it assumes for child care;
(2) The character, suitability and qualifications of the applicant and other persons directly responsible for the care and welfare of children served;
(3) The general financial ability and competence of the applicant to provide necessary care for children and to maintain prescribed standards;
(4) The number of individuals or staff required to insure adequate supervision and care of the children served;
(5) The appropriateness, safety, cleanliness and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to state laws and municipal codes to provide for the physical comfort, care, well-being and safety of children served;
(6) Provisions for food, clothing, educational opportunities, program equipment and individual supplies to assure the healthy physical and mental development of children served, consistent with the definitions contained in this chapter;
(7) Maintenance of records pertaining to the admission, progress, health and discharge of children, and provisions for confidentiality of such records;
(8) Filing of reports with the department; and
(9) Discipline of children.
(b) If, in a facility for child care, there are children diagnosed as mentally ill, mentally retarded or physically handicapped who are determined to be in need of special mental treatment or of nursing care, or both mental treatment and nursing care, the department shall seek the advice and recommendation of the Department of Mental Health or the State Board of Health, or of both, regarding the residential treatment and nursing care provided by the facility.
(c) The department, in applying standards prescribed and published, as herein provided, shall offer consultation through employed staff or other specified persons to assist applicants and licensees in meeting and maintaining minimum requirements for a license and to help them otherwise to achieve programs of excellence related to the care of children served.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36890,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35836,"codeId":6849,"versionId":5410,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-8","shortTitle":"Section 38-7-8","catchLine":"License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Grounds.","title":"Section 38-7-8 License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Grounds.","sectionRange":null,"content":"The department may revoke or refuse to renew the license or the approval of any child-care facility or refuse to issue a full license to the holder of a six-month permit should the license or the child-care facility designated on the notice of approval or the holder of a six-month permit:
(1) Consistently fail to maintain standards prescribed and published by the department;
(2) Violate the provisions of the license issued;
(3) Furnish or make any misleading or any false statements or report to the department;
(4) Refuse to submit to the department any reports or refuse to make available to the department any records required by the department in making investigation of the child-care facility for licensing purposes; provided, however, that the department shall not revoke or refuse to renew a license in such case unless it has made written demand on the person, firm or corporation operating the facility requesting such report or reports and such person, firm or corporation fails or refuses to submit such records for a period of 10 days;
(5) Fail or refuse to submit to an investigation by the department;
(6) Fail or refuse to admit authorized representatives of the department at any reasonable time for the purpose of investigation;
(7) Fail to provide, maintain, equip and keep in safe and sanitary condition premises established or used for child care as required under standards prescribed by the department, or as otherwise required by any law, regulation or ordinance applicable to such facility;
(8) Refuse to display its license or permit; or
(9) Fail to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provisions for personal care, medical services, clothing, learning experience and other essentials in the proper care, rearing and training of children.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36892,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35837,"codeId":6856,"versionId":5417,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-9","shortTitle":"Section 38-7-9","catchLine":"License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Aggrieved Party Entitled to Hearing; Review of Final Decision or Action of Department; Bond; When Decision May Be Set Aside; Section Not Applicable to Boarding Homes and Free Homes.","title":"Section 38-7-9 License to Operate or Conduct Child-Care Facility - Revocation or Refusal to Renew License - Aggrieved Party Entitled to Hearing; Review of Final Decision or Action of Department; Bond; When Decision May Be Set Aside; Section Not Applicable to Boarding Homes and Free Homes.","sectionRange":null,"content":"In the event a party or an applicant for a license or a licensee is denied a license or a renewal of a license or has a license suspended or revoked for the operation of a child-care facility required by this chapter to be licensed by the department, or in the event an application for such a license or renewal of a license is not acted upon with reasonable promptness, or in the event an approval required by this chapter to be issued by the department is denied or revoked or unduly delayed, any aggrieved party may appeal to the department for a fair hearing of his case. Notice and opportunity for a fair hearing and notice of right to counsel shall be given the appellant by the department, and at this hearing any party at interest may appear and present any relevant facts. The decision or action of the department on any fair hearing on any such appeal shall be final and binding and shall be complied with.
Any party aggrieved by a final decision or action of the department refusing to grant or to issue, or suspending or revoking a license or an approval for the operation of any child-care facility required by law to be licensed or approved by the department is entitled to a review of such final decision or action by filing a complaint with the circuit court in the county in which the child-care facility is located or in the Circuit Court of Montgomery County, Alabama. All such complaints shall be filed within 30 days from the date of such final decision or action, and a review shall be granted as a matter of right upon the filing with the department of a bond for security of costs of said review and upon filing said complaint both with the register or clerk of the circuit court, as designated hereinabove, and with the department. The court may set aside the final decision of the department only upon a finding of the court that such final decision was illegal, capricious or unsupported by the evidence. Upon motion of either party or upon its own motion the court may at its discretion take additional evidence. The provisions of this section shall not apply to boarding homes and free homes as defined in this chapter.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36893,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35838,"codeId":6864,"versionId":5422,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-10","shortTitle":"Section 38-7-10","catchLine":"License to Operate or Conduct Child-Care Facility - Investigation of Operation Without License; Report to Attorney General for Prosecution.","title":"Section 38-7-10 License to Operate or Conduct Child-Care Facility - Investigation of Operation Without License; Report to Attorney General for Prosecution.","sectionRange":null,"content":"Whenever the department is advised or has reason to believe that any person, group of persons or corporation is operating a child-care facility without a license or an approval or a six-month permit, it may make an investigation to ascertain the fact. If it finds that the child-care facility is being operated or has operated without a license or an approval or a six-month permit, it shall report the results of its investigation to the Attorney General and to the appropriate district attorney for prosecution; provided, however, that the department may delay in making said report to the Attorney General for a reasonable period of time, not to exceed 60 days, in order to give the person, group of persons or corporation operating the child-care facility reasonable opportunity to apply for a license or an approval or a six-month permit, and, therefore, to meet the standards prescribed in this chapter.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36894,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35839,"codeId":6871,"versionId":5427,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-11","shortTitle":"Section 38-7-11","catchLine":"Inspection of Facilities.","title":"Section 38-7-11 Inspection of Facilities.","sectionRange":null,"content":"The department shall have the right and its authorized representatives shall be afforded reasonable opportunity, to inspect any child-care facility seeking a license or an approval or a six-month permit pursuant to this chapter, any child-care facility seeking a renewal of a license or an approval or a six-month permit pursuant to this chapter and any child-care facility which is operating under a license or an approval or a six-month permit issued pursuant to this chapter. Such inspection shall include, but not be limited to, premises, services, personnel, program, accounts and records, interviews with agents and employees of the child-care facility being inspected and interviews with any child or other person within the custody or control of said child-care facility. Such inspection shall be made at any reasonable time, without prior notice, and as often as necessary to enforce and administer the provisions of this chapter. It shall be the duty of the department, through its agents, to conduct the inspections authorized hereinabove. If any such inspection of a licensed or approved child-care facility discloses any condition, deficiency, dereliction or abuse which is, or could be, hazardous to the health, the safety or the physical, moral or mental well-being of the children in the care of the child-care facility being inspected, the same shall at once be brought to the attention of the department, and the department shall have the power to revoke without notice the license or approval or six-month permit of such child-care facility. In this event, the child-care facility shall not operate during the pendency of any proceeding for fair hearing or judicial review, except under court order.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36895,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35840,"codeId":6876,"versionId":5432,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-12","shortTitle":"Section 38-7-12","catchLine":"Advertisements.","title":"Section 38-7-12 Advertisements.","sectionRange":null,"content":"A child-care facility licensed or approved or operating under a six-month permit issued by the department may publish advertisements of the services for which it is specifically licensed or approved or issued a permit under this chapter. No person, unless licensed or approved or holding a permit as a child-care facility, may cause to be published any advertisement soliciting a child or children for care or placement or offering a child or children for care or placement.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36896,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35841,"codeId":6883,"versionId":5438,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-13","shortTitle":"Section 38-7-13","catchLine":"Records to Be Kept by Child-Care Facility; Use and Disclosure of Information.","title":"Section 38-7-13 Records to Be Kept by Child-Care Facility; Use and Disclosure of Information.","sectionRange":null,"content":"Every child-care facility shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health and discharge of children under the care of the facility. Records regarding children and facts learned about children and their relatives shall be kept confidential by the child-care facility and by the department. The department is authorized to promulgate rules and regulations governing the custody, use and disclosure of information in such records. Any person who has arrived at the age of 19 and who was placed by the department or by a licensed child-placing agency shall have the right to receive from the department or from the licensed child-placing agency information concerning his placement; except, that the name and address of a natural parent or relative shall be given by the department or the licensed child-placing agency only with the consent of said natural parent or relative.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36897,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35842,"codeId":6888,"versionId":5443,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-14","shortTitle":"Section 38-7-14","catchLine":"Reports by Child-Care Facility.","title":"Section 38-7-14 Reports by Child-Care Facility.","sectionRange":null,"content":"Every child-care facility shall make reports to the department on forms prescribed by the department and at times required by the department, giving information pertaining to the children under care and such other facts as the department may require.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36898,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35843,"codeId":50845,"versionId":43104,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-14.1","shortTitle":"Section 38-7-14.1","catchLine":"Educational Information on Influenza Disease and Vaccine.","title":"Section 38-7-14.1 Educational Information on Influenza Disease and Vaccine.","sectionRange":null,"content":"(a) Not later than September 1, annually, each day care center shall provide educational information on influenza disease to the parent or legal guardian of each enrolled child. The educational information shall include, but need not be limited to, the causes and symptoms of influenza and the means by which it is spread; the risks associated with influenza; the availability, effectiveness, and known contraindications of the influenza vaccine; and the latest influenza vaccine recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
(b) Nothing in this section shall require a day care center to provide or pay for any vaccination for influenza.
","history":"(Act 2018-160, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36899,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35844,"codeId":6895,"versionId":5449,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-15","shortTitle":"Section 38-7-15","catchLine":"Conditions Precedent to Bringing Child into State for Purposes of Adoption or Placement in Child-Care Facility.","title":"Section 38-7-15 Conditions Precedent to Bringing Child into State for Purposes of Adoption or Placement in Child-Care Facility.","sectionRange":null,"content":"(a) No person or agency shall bring or send any child into the State of Alabama for the purpose of placing him or procuring his adoption or placing him in any child-care facility, as defined herein, without first obtaining the consent of the department. The department shall have the power to impose and enforce reasonable conditions precedent to the granting of such consent. Such conditions shall be for the purpose of providing the same care and protection for the child coming into the State of Alabama for placement or adoption as are afforded to a child who is born in the State of Alabama, and such conditions shall include the following:
(1) The department shall be authorized to designate an agency in another state from which said child is being brought or sent, or in which said child’s parents or guardian may be found, to interview said parent or parents or guardians, or at least one of them, for the purpose of obtaining social information, background information and medical information about said child;
(2) The department shall be authorized to receive such information from the designated agency in the other state;
(3) The department shall be authorized to receive the birth certificate of said child from the designated agency in the other state or from other appropriate agency in the other state;
(4) The department shall be authorized to make a thorough investigation of the proposed foster parent or parents, and their home, to determine whether or not they are financially able, physically able and morally fit to have the care, supervision, training and control of said child;
(5) The department shall be authorized to make a thorough investigation of any child-care facility to which any child is being brought or sent to determine conformity to minimum standards prescribed herein for approval or licensing and to determine the suitability of such child-care facility for the care, supervision, training and control of said child;
(6) In case said child, subsequent to being brought into the State of Alabama, becomes dependent, neglected or delinquent prior to his adoption or becoming of legal age of majority, said child shall be subject to the laws of the State of Alabama as if he were a resident child of this state;
(7) The child will be placed in conformity with the rules and regulations of the department;
(8) The person with whom the child is placed shall be responsible for his proper care and training;
(9) The department shall have the right of visitation and supervision of the child and the home or the child-care facility in which he is placed until adoption becomes final or the child becomes 18 years of age;
(10) The department may, pursuant to the provisions of this chapter, prescribe the conditions of an agreement or contract with the designated out-of-state agency, when a child is brought into the State of Alabama.
(b) The person or agency receiving the child in Alabama shall report to the department at such reasonable times as the department may direct, as to the location and well-being of the child, so long as he shall remain within the state and until he shall have reached the age of 18 years or shall have been legally adopted.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36900,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35845,"codeId":6901,"versionId":5455,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-16","shortTitle":"Section 38-7-16","catchLine":"Penalties; Burden of Proof of Relationship.","title":"Section 38-7-16 Penalties; Burden of Proof of Relationship.","sectionRange":null,"content":"Any person, group of persons, association or corporation who:
(1) Conducts, operates or acts as a child-care facility without a license, or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit;
(3) Fails to keep the records and make the reports provided under this chapter;
(4) Advertises any service not authorized by the license or permit held;
(5) Publishes any advertisement in violation of this chapter;
(6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted and published by the department for the enforcement of the provisions of this chapter, shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00 or be imprisoned in the county jail not longer than one year, or both, and, in case of an association or corporation, imprisonment may be imposed upon its officers who knowingly participated in the violation.
In a prosecution under this chapter, a defendant who relies upon the relationship of any child to himself has the burden of proof as to that relationship.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36901,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35846,"codeId":6906,"versionId":5460,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-17","shortTitle":"Section 38-7-17","catchLine":"Duty of District Attorney to Enforce Chapter or Prosecute Violations.","title":"Section 38-7-17 Duty of District Attorney to Enforce Chapter or Prosecute Violations.","sectionRange":null,"content":"It shall be the duty of every district attorney or assistant district attorney within the circuit, county or other territory for which he is elected or appointed to institute action for the enforcement of the provisions of this chapter or to prosecute action for the violation of the provisions of this chapter, or both.
","history":"(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36902,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35847,"codeId":6911,"versionId":5464,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-18","shortTitle":"Section 38-7-18","catchLine":"Mandatory State Subsidized Child Day-Care Services Program.","title":"Section 38-7-18 Mandatory State Subsidized Child Day-Care Services Program.","sectionRange":null,"content":"(a) There is hereby provided a mandatory state subsidized child day-care services program within the Department of Human Resources for a minimum average of 6,500 eligible children at not less than the current Department of Human Resources payment rates for a payment-to-provider cost of not less than $8,600,000.00, annually, based on fiscal year ending September 30, 1987.
(b) There is hereby provided, in addition to any and all other appropriations to the Department of Human Resources, a conditional appropriation of $2,400,000.00 from the Alabama Special Educational Trust Fund for the fiscal year beginning October 1, 1987, to the Department of Human Resources, to provide child day-care services for an additional 1,800 eligible children. The appropriation herein provided is conditional upon the condition of the Alabama Special Educational Trust Fund as ascertained by the Governor, and shall be released only upon orders of the Governor.
","history":"(Acts 1987, No. 87-822, p. 1658, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36903,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35848,"codeId":6916,"versionId":5466,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-19","shortTitle":"Section 38-7-19","catchLine":"Powers of Department as to Transitional Living Facilities.","title":"Section 38-7-19 Powers of Department as to Transitional Living Facilities.","sectionRange":null,"content":"The Department of Human Resources may contract for utility services, purchase real or personal property, or enter into lease agreements for and may operate residences to be used as transitional living facilities to provide transitional living program services to an eligible child as defined in Section 38-7-2.
","history":"(Acts 1993, 1st Ex. Sess., No. 93-904, p. 197, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36904,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35849,"codeId":48562,"versionId":40614,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-20","shortTitle":"Section 38-7-20","catchLine":"Employment in Day Care Center of Individual Under 19 Years of Age with Certain Credentials.","title":"Section 38-7-20 Employment in Day Care Center of Individual Under 19 Years of Age with Certain Credentials.","sectionRange":null,"content":"Nothing in this chapter shall preclude an individual under the age of 19 years who has graduated from a high school with a Child Development Associate Credential from being employed by a day care center and counted in the staff-child ratio, as defined in subdivision (4) of Section 38-7-2.
","history":"(Act 2016-354, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36905,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35850,"codeId":50929,"versionId":43180,"parentId":6802,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7-21","shortTitle":"Section 38-7-21","catchLine":"Licensing of Church, Religious Nonprofit Entity, or Religious Nonprofit School to Operate as Licensed Day Care Center.","title":"Section 38-7-21 Licensing of Church, Religious Nonprofit Entity, or Religious Nonprofit School to Operate as Licensed Day Care Center.","sectionRange":null,"content":"A church, religious nonprofit entity, or religious nonprofit school that has been operating a day care center or preschool program without a license prior to March 21, 2018, that chooses to become a licensed day care center under this chapter shall have 90 days from March 21, 2018, to come into compliance with all licensing requirements of this chapter and related rules adopted by the department, except the church, religious nonprofit entity, or religious nonprofit school shall not be required to meet minimum standards for licensed day care centers or nighttime centers relating to physical building design, size, and fixtures for existing construction.
","history":"(Act 2018-278, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36906,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35851,"codeId":6924,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"7A","shortTitle":"Chapter 7A","catchLine":"Child Care Commission.","title":"Chapter 7A Child Care Commission.","sectionRange":"§38-7A-1 to §38-7A-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36908,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35852,"codeId":6927,"versionId":5474,"parentId":6924,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7A-1","shortTitle":"Section 38-7A-1","catchLine":"Commission Established.","title":"Section 38-7A-1 Commission Established.","sectionRange":null,"content":"REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Acts 1993, No. 93-263, p. 398.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36909,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35853,"codeId":6933,"versionId":5480,"parentId":6924,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7A-2","shortTitle":"Section 38-7A-2","catchLine":"Meetings; Expenses; Terms.","title":"Section 38-7A-2 Meetings; Expenses; Terms.","sectionRange":null,"content":"REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Acts 1993, No. 93-263, p. 398.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36910,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35854,"codeId":6939,"versionId":5484,"parentId":6924,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7A-3","shortTitle":"Section 38-7A-3","catchLine":"Responsibilities.","title":"Section 38-7A-3 Responsibilities.","sectionRange":null,"content":"REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Acts 1993, No. 93-263, p. 398.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36911,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35855,"codeId":6944,"versionId":5489,"parentId":6924,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7A-4","shortTitle":"Section 38-7A-4","catchLine":"Public Hearings; Annual Report.","title":"Section 38-7A-4 Public Hearings; Annual Report.","sectionRange":null,"content":"REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
","history":"(Acts 1993, No. 93-263, p. 398.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36912,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35856,"codeId":37894,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"7B","shortTitle":"Chapter 7B","catchLine":"Licensed Day Care Evacuation Plan.","title":"Chapter 7B Licensed Day Care Evacuation Plan.","sectionRange":"§38-7B-1","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36913,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35857,"codeId":37895,"versionId":30666,"parentId":37894,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-7B-1","shortTitle":"Section 38-7B-1","catchLine":"Evacuation Plan.","title":"Section 38-7B-1 Evacuation Plan.","sectionRange":null,"content":"(a) A licensed day care center shall have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the center. The plan shall include, but not be limited to, all of the following:
(1) A designated relocation site and evacuation route.
(2) Procedures for notifying parents of the relocation and ensuring family reunification.
(3) Procedures to address the needs of individual children including children with special needs.
(4) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate.
(5) Coordination with local emergency management officials.
(6) A program to ensure that appropriate staff are familiar with the components of the plan for evacuation.
(b) A licensed day care center shall update the plan for evacuation by December 31 of each year.
(c) A licensed day care center shall retain an updated copy of the plan for evacuation, provide an updated copy to appropriate local emergency management officials, and provide a copy to the parent, custodian, or guardian of each child at the time of the child’s enrollment in the day care center and when the plan is updated.
","history":"(Act 2009-456, p. 794, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36914,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35858,"codeId":6950,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"8","shortTitle":"Chapter 8","catchLine":"Relief and Support of Poor Persons by Counties.","title":"Chapter 8 Relief and Support of Poor Persons by Counties.","sectionRange":"§38-8-1 to §38-8-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36915,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35859,"codeId":6953,"versionId":5495,"parentId":6950,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-8-1","shortTitle":"Section 38-8-1","catchLine":"Powers of County Commission Generally.","title":"Section 38-8-1 Powers of County Commission Generally.","sectionRange":null,"content":"The county commission of each county shall have jurisdiction, power and authority necessary and proper for the relief and support of the poor of its county, including the power to acquire and hold property and employ persons necessary therefor, and payment therefor shall be made out of county funds.
","history":"(Code 1907, §1599; Code 1923, §2788; Acts 1927, No. 476, p. 521; Code 1940, T. 44, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36916,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35860,"codeId":6960,"versionId":5500,"parentId":6950,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-8-2","shortTitle":"Section 38-8-2","catchLine":"Burial of Persons Dying with No Estate, Etc.","title":"Section 38-8-2 Burial of Persons Dying with No Estate, Etc.","sectionRange":null,"content":"Upon the decease of any person having no estate and leaving no relatives in the county with the ability or estate adequate to defray his necessary burial expenses, such necessary burial expenses are a charge upon the county in which such death shall take place, and the county commission, upon the presentation of the account of such burial expenses shall make payment therefor.
","history":"(Code 1867, §§1466, 1467; Code 1876, §§1747, 1748; Code 1886, §§1472, 1473; Code 1896, §§3240, 3241; Code 1907, §§1612, 1613; Code 1923, §§2790, 2801, 2802; Code 1940, T. 44, §§15, 16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36917,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35861,"codeId":6966,"versionId":5505,"parentId":6950,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-8-3","shortTitle":"Section 38-8-3","catchLine":"Other or Further Provisions by Counties.","title":"Section 38-8-3 Other or Further Provisions by Counties.","sectionRange":null,"content":"The county commission of each county shall have the power and authority, with the approval of the State Department of Human Resources and security, to make other or further provision for the care of the poor of the county. The disbursement of funds for this purpose shall be made through agencies and in such manner as may be approved by the State Department of Human Resources.
","history":"(Acts 1932, Ex. Sess., No. 289, p. 283; Code 1940, T. 44, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36918,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35862,"codeId":6973,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9","shortTitle":"Chapter 9","catchLine":"Protection of Aged Adults or Adults with a Disability.","title":"Chapter 9 Protection of Aged Adults or Adults with a Disability.","sectionRange":"§38-9-1 to §38-9-11","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36919,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35863,"codeId":6975,"versionId":5511,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-1","shortTitle":"Section 38-9-1","catchLine":"Short Title.","title":"Section 38-9-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Adult Protective Services Act of 1976.
","history":"(Acts 1977, No. 780, p. 1340, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36920,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35864,"codeId":6981,"versionId":47726,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-2","shortTitle":"Section 38-9-2","catchLine":"Definitions.","title":"Section 38-9-2 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following terms shall have the following meanings:
(1) ABUSE. The infliction of physical pain, injury, or the willful deprivation by a caregiver or other person of services necessary to maintain mental and physical health.
(2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose behavior indicates that he or she is mentally incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others, or who, because of physical or mental impairment, is unable to protect himself or herself from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has no guardian, relative, or other appropriate person able, willing, and available to assume the kind and degree of protection and supervision required under the circumstances.
(3) CAREGIVER. An individual who has the responsibility for the care of a protected person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, by contract, or as a result of the ties of friendship.
(4) COURT. The circuit court or probate court.
(5) DEPARTMENT. The Department of Human Resources of the State of Alabama.
(6) EMOTIONAL ABUSE. The willful or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any protected person.
(7) EMPLOYEE OF A NURSING HOME. A person permitted to perform work in a nursing home by the nursing home administrator or by a person or an entity with an ownership interest in the facility, or by both. A person shall be considered an employee whether or not he or she receives compensation for the work performed.
(8) EXPLOITATION. The expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative or the admission of or provision of care to a protected person who needs to be in the care of a licensed hospital by an unlicensed hospital after a court order obtained by the State Board of Health has directed closure of the unlicensed hospital. For the purpose of this section and Sections 38-9-6 and 38-9-7, the term “unlicensed hospital” shall have the meaning ascribed to it in Section 22-21-33, and the term “licensed hospital” shall have the meaning ascribed to it in Section 22-21-20.
(9) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his or her purpose is to cause that result or to engage in that conduct.
(10) INTERESTED PERSON. Any adult relative, friend, or guardian of a protected person, or any official or representative of a public or private agency, corporation, or association concerned with the welfare of the protected person.
(11) MISAPPROPRIATION OF PROPERTY OF A NURSING HOME RESIDENT. The deliberate misplacement or wrongful, temporary, or permanent use or withholding of belongings or money of a resident of a nursing home without the consent of the resident.
(12) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, or health care for the person unable to care for himself or herself; or the failure of the person to provide these basic needs for himself or herself when the failure is the result of the person’s mental or physical inability.
(13) NEURODEGENERATIVE. Relating to or being a progressive loss of neurologic function.
(14) NURSING FACILITY. A facility that is licensed as a nursing home by the Alabama Department of Public Health pursuant to Article 2, Chapter 21, Title 22.
(15) OTHER LIKE INCAPACITIES. Those conditions incurred as the result of accident or mental or physical illness, producing a condition that substantially impairs an individual from adequately providing for his or her own care or protecting his or her own interests or protecting himself or herself from physical or mental injury or abuse.
(16) PERSON. Any natural human being.
(17) PHYSICAL INJURY. Impairment of physical condition or substantial pain.
(18) PROTECTED PERSON. Any person 18 years of age or older subject to protection under this chapter and not otherwise subject to the jurisdiction of the juvenile court or any person, including, but not limited to, persons with a neurodegenerative disease, persons with intellectual disabilities and developmental disabilities, or any person 18 years of age or older who is not otherwise subject to the jurisdiction of the juvenile court and who is mentally or physically incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others.
(19) PROTECTIVE SERVICES. Those services whose objective is to protect an incapacitated person from himself or herself and from others.
(20) RECKLESSLY. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he or she is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk shall be of such nature and degree that its disregard constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware of that risk solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of Section 13A-3-2, acts recklessly with respect thereto.
(21) SERIOUS PHYSICAL INJURY. Physical injury that creates a risk of death, or that causes serious and protracted disfigurement, protracted impairment of health, protracted loss of the function of any bodily organ, or the impairment of the function of any bodily organ.
(22) SEXUAL ABUSE. Any conduct that constitutes a crime under Article 4 of Chapter 6 of Title 13A.
","history":"(Acts 1977, No. 780, p. 1340, §2; Acts 1989, No. 89-825, p. 1652, §1; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 837, §1; Act 2008-390, p. 735, §1; Act 2018-564, §1; Act 2022-123, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36921,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35865,"codeId":6987,"versionId":5521,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-3","shortTitle":"Section 38-9-3","catchLine":"Legislative Findings and Intent.","title":"Section 38-9-3 Legislative Findings and Intent.","sectionRange":null,"content":"The legislature recognizes that there are many adult citizens of the state who, because of the infirmities of age, disabilities or like incapacities, are in need of protective services. Such services should, to the maximum degree of feasibility, allow the individual the same rights as other citizens, and at the same time protect the individual from exploitation, neglect, abuse and degrading treatment. This chapter is designed to establish those services and assure their availability to all persons when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, exploitation and neglect.
","history":"(Acts 1977, No. 780, p. 1340, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36922,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35866,"codeId":55323,"versionId":48350,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-3.1","shortTitle":"Section 38-9-3.1","catchLine":"Concurrent Original and General Jurisdiction of Probate Court and Circuit Court.","title":"Section 38-9-3.1 Concurrent Original and General Jurisdiction of Probate Court and Circuit Court.","sectionRange":null,"content":"The probate court and circuit court shall have concurrent original and general jurisdiction as to all matters mentioned in this chapter.
","history":"(Act 2022-123, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36923,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35867,"codeId":6992,"versionId":5528,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-4","shortTitle":"Section 38-9-4","catchLine":"Arrangements for Protective Services; Liability of Department for Protective Services; Services to Conform to Wishes of Person to Be Served; Duty of Department to Ascertain Persons in Need of Care and Protection.","title":"Section 38-9-4 Arrangements for Protective Services; Liability of Department for Protective Services; Services to Conform to Wishes of Person to Be Served; Duty of Department to Ascertain Persons in Need of Care and Protection.","sectionRange":null,"content":"(a) Protective services may be arranged when an adult person is in need of care and protection because of danger to his health or safety; provided, that nothing in this chapter shall be construed to mean that the department is chargeable for the cost of such care except where such care is specifically provided for by law or departmental regulations and funding exists for such purpose. All protective services shall be in conformity with the wishes of the person to be served unless the person is unable or unwilling to accept such services, and if the person is unable or unwilling to accept such services, the court may order such services. The department may be required to provide or arrange for services only for persons it is equipped to serve and agrees to serve.
(b) The department shall seek out, through investigation, complaints from citizens or otherwise, the adults in the state who are in need of care and protection because of danger to their health or safety, and shall, as far as may be possible, through existing agencies, public or private, or through such other resources as are available, aid such adults to a fair opportunity in life.
","history":"(Acts 1977, No. 780, p. 1340, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36924,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35868,"codeId":7001,"versionId":5534,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-5","shortTitle":"Section 38-9-5","catchLine":"Emergency Protective Services.","title":"Section 38-9-5 Emergency Protective Services.","sectionRange":null,"content":"When there is brought to the attention of a county department of human resources a person who is unable, because of physical or mental disabilities, to provide for his basic needs for shelter, food, clothing or health care, and whose health or safety is in immediate danger, the department may arrange for protective services with the consent of the person. If the person is incapable of giving consent or does not consent, the department shall petition the court for an order authorizing the department to arrange for care for such person immediately. Upon a determination by the court that such care is urgently and immediately necessary to protect the health or safety of the person, an appropriate order of the court shall be issued authorizing the department to arrange for the placement of such person in an approved foster home, licensed nursing home or other similar facility immediately. At the proceeding to obtain the necessary order, any relative or other interested person may appear to oppose or join in the petition of the department. In the event of such involuntary protective placement the court shall thereafter, within 10 days, cause notice to be given, as appropriate, to the person, his spouse and other interested persons of the action of the court, the present whereabouts of the person and setting a time for a hearing on the matter of the person’s need for protective placement, the appropriateness of the present placement and arrangements for future care.
","history":"(Acts 1977, No. 780, p. 1340, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36925,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35869,"codeId":7006,"versionId":29936,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-6","shortTitle":"Section 38-9-6","catchLine":"Protective Placement or Other Protective Services.","title":"Section 38-9-6 Protective Placement or Other Protective Services.","sectionRange":null,"content":"(a) An interested person may petition the court to order protective placement or other protective services for an adult in need of protective services. No protective placement or other protective services may be ordered unless there is a determination by the court that the person is unable to provide for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person, the court of the circuit in which the person resides shall appoint a day, not more than 30 days from the filing of the petition, for the hearing on the petition. If, on the hearing of a petition, the person is not represented by counsel, the court shall appoint a guardian ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing to serve as the trier of facts.
(b) Costs of court proceedings under this chapter shall be paid as other civil court costs are paid, as provided for by law.
(c) The court shall give preference in making a determination to the least drastic alternative considered to be proper under the circumstances, including a preference for noninstitutional care wherever possible. Before ordering the protective placement of any person, the court shall direct a comprehensive evaluation of the adult in need of services, if such an evaluation has not already been made and if it is necessary. The court may utilize available resources in the community in determining the need for placement. The department shall cooperate with the court in securing available resources for the person to be served. A copy of the comprehensive evaluation shall be provided to the guardian or to the guardian ad litem or attorney of the person if a guardian has not been appointed. The court obtaining the evaluation shall request appropriate information which shall include at least the following:
(1) The address of the place where the person is residing and the person or agency who is providing services at present, if any.
(2) A resume of any professional services provided to the person by the department or other agency in connection with the problems creating a need for placement.
(3) A medical, psychological, social, vocational, and educational evaluation and review, where necessary.
(d) The department which arranges for a protective placement shall make an evaluation and submit a written report to the court at least once every six months covering the physical, mental, and social condition of each person for whom it is acting and shall recommend an alternative arrangement where appropriate.
(e) Any record of the department or other agency pertaining to such a person shall not be open for public inspection. Information in a record shall not be disclosed publicly in such a manner as to identify individuals, but may be made available on application for cause to persons approved by the commissioner of the department or by the court.
(f) Placement may be made in an appropriate alternative living arrangement such as a licensed nursing home, licensed personal care facility, or approved foster care home. No person shall be committed to a mental health facility under this chapter. A court may enter orders granting the department additional time to locate an appropriate licensed facility in which to place a person living in an unlicensed facility.
(g) If the person is eligible for the adult services program of the department, usual department policies shall be followed in regard to fees or payments, or both. If the person’s income or resources, or both, make him or her ineligible for department services other than protective services, payment for services in relation to his or her evaluation, and to his or her care in a protective setting is to be made from his or her income or resources, or both. A guardian, a conservator, or both, may be appointed by the court. The department shall not be appointed as guardian or conservator and shall not be appointed custodian other than for the limited purpose, where appropriate, of transporting an adult for protective placement as ordered by the court. If it is agreeable with the person to be served, the court may appoint a guardian, or conservator, or both, having the same powers, duties, and obligations, including having a bond, as a guardian of an incapacitated person or a conservator under the Alabama Uniform Guardianship and Protective Proceedings Act and it shall not be necessary to have a hearing on that issue; otherwise, the court may appoint a guardian, a conservator, or both, following the procedures provided by the Alabama Uniform Guardianship and Protective Proceedings Act. If a jury is requested or required, the jury impanelled in this court according to subsection (a) of this section shall serve that function.
(h) When any adult in need of protective services is unable to manage his or her estate and because of the inability is in danger of being reduced to poverty and want, an interested person may petition the court to preserve the estate of the person, to direct use of the estate for the needs of the person, and for the general relief of the person.
(i) No civil rights are relinquished as a result of any protective placement under this chapter. Nothing in this chapter shall be construed to authorize or require medical care or treatment for a person in contravention of his or her stated or implied objection upon the grounds that the medical care and treatment conflict with his or her religious beliefs and practices.
(j) As far as is compatible with the mental and physical condition of the adult in need of services or claimed to be in need of services under this chapter, every reasonable effort shall be made to assure that no action is taken without the full and informed consent of the person.
(k) To promote coordination, placement, and service delivery for persons living in unlicensed facilities and needing placement in a licensed facility, the department shall establish a coordinating council composed of representatives of interested state and local agencies including the state Department of Public Health and the state Department of Mental Health. The council shall also include representatives from the Alabama Nursing Home Association, Alabama Assisted Living Association, Alabama Hospital Association, and other interested persons, agencies, or groups as determined by commissioner. The council shall meet at times designated by the commissioner for coordination purposes identified by the commissioner including identifying resources and placements, increasing needed supportive services, and assuring maximum community coordination of effort in placing in a licensed facility persons living in an unlicensed facility.
","history":"(Acts 1977, No. 780, p. 1340, §4; Acts 1989, No. 89-825, p. 1652, §2; Acts 1994, No. 94-615, p. 1134, §1; Act 2008-390, p. 735, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36926,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35870,"codeId":55324,"versionId":48351,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-6.1","shortTitle":"Section 38-9-6.1","catchLine":"Removal of Action from Probate Court to Circuit Court.","title":"Section 38-9-6.1 Removal of Action from Probate Court to Circuit Court.","sectionRange":null,"content":"(a) Nothing in this section applies to actions pending in a probate court where the judge of probate is a member in good standing with the Alabama State Bar.
(b) At any time after the filing of a petition, but before a hearing contemplated in Section 38-9-6, any protected person, interested person, or party to an action under this chapter may remove the action from the probate court to the circuit court for the county in which the probate court is located by doing all of the following, which shall effect the removal:
(1) Filing in the circuit court a notice of removal together with a copy of all processes, pleadings, and orders filed in the probate court.
(2) Serving all parties to the action with a copy of the removal notice.
(3) Filing a copy of the removal notice with the clerk of the probate court.
(c) Upon completion of all of the requirements of subsection (b), jurisdiction shall immediately vest in the circuit court, and the probate court shall proceed no further.
","history":"(Act 2022-123, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36927,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35871,"codeId":7011,"versionId":29937,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-7","shortTitle":"Section 38-9-7","catchLine":"Violations; Penalties.","title":"Section 38-9-7 Violations; Penalties.","sectionRange":null,"content":"(a) It shall be unlawful for any person to abuse, neglect, exploit, or emotionally abuse any protected person. For purposes of this section, residence in a nursing home, mental institution, developmental center for people with an intellectual disability, or other convalescent care facility shall be prima facie evidence that a person is a protected person. Charges of abuse, neglect, exploitation, or emotional abuse may be initiated upon complaints of private individuals, as a result of investigations by social service agencies, or on the direct initiative of law enforcement officials.
(b) Any person who intentionally abuses or neglects a person in violation of this chapter shall be guilty of a Class B felony if the intentional abuse or neglect causes serious physical injury.
(c) Any person who recklessly abuses or neglects a person in violation of this chapter shall be guilty of a Class C felony if the reckless abuse or neglect causes serious physical injury.
(d) Any person who intentionally abuses or neglects a person in violation of this chapter, shall be guilty of a Class C felony if the intentional abuse or neglect causes physical injury.
(e) Any person who recklessly abuses or neglects a person in violation of this chapter, shall be guilty of a Class A misdemeanor if the reckless abuse or neglect causes physical injury.
(f) Any person who emotionally abuses a person in violation of this chapter shall be guilty of a Class A misdemeanor.
(g) Any person who exploits a person in violation of this chapter shall be guilty of a Class C felony, where the value of the property, assets, or resources or illegal services provided to a protected person by an unlicensed hospital exceeds one hundred dollars ($100).
(h) Any person who exploits a person in violation of this chapter shall be guilty of a Class A misdemeanor, if the value of the property, assets, or resources or illegal services provided to a protected person by an unlicensed hospital does not exceed one hundred dollars ($100).
(i) If a violation of this section is also a violation of any other Alabama criminal statute, then a conviction or acquittal under either statute bars prosecution under the remaining statute.
","history":"(Acts 1977, No. 780, p. 1340, §§5, 11; Acts 1989, No. 89-825, p. 1652, §3; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 837, §1; Act 2008-390, p. 735, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36928,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35872,"codeId":7019,"versionId":47772,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-8","shortTitle":"Section 38-9-8","catchLine":"Reports by Physicians, Etc., of Physical, Sexual, or Emotional Abuse, Neglect, or Exploitation - Required; Contents; Investigation.","title":"Section 38-9-8 Reports by Physicians, Etc., of Physical, Sexual, or Emotional Abuse, Neglect, or Exploitation - Required; Contents; Investigation.","sectionRange":null,"content":"(a) All physicians and other practitioners of the healing arts or any caregiver having reasonable cause to believe that any protected person has been subjected to physical abuse, neglect, exploitation, sexual abuse, or emotional abuse shall report or cause a report to be made as follows:
(1) An oral report, by telephone or otherwise, shall be made immediately, followed by a written report, to the county department of human resources or to the chief of police of the city or city and county, or to the sheriff of the county if the observation is made in an unincorporated territory, except that reports of a nursing home employee who abuses, neglects, or misappropriates the property of a nursing home resident shall be made to the Department of Public Health. The requirements to report suspicion of suspected abuse, neglect, or misappropriation of property of a nursing home resident by an employee of a nursing home shall be deemed satisfied if the report is made in accordance with the rules of the State Board of Health.
(2) Within seven days following an oral report, an investigation of any alleged abuse, neglect, exploitation, sexual abuse, or emotional abuse shall be made by the county department of human resources or the law enforcement official, whichever receives the report, and a written report prepared which includes the following:
a. Name, age, and address of the person.
b. Nature and extent of injury suffered by the person.
c. Any other facts or circumstances known to the reporter which may aid in the determination of appropriate action.
(b) All reports prepared by a law enforcement official shall be forwarded to the county department of human resources within 24 hours.
(c) The county department of human resources shall not be required to investigate any report of abuse, neglect, exploitation, sexual abuse, or emotional abuse that occurs in any facility owned and operated by the Alabama Department of Corrections or the Alabama Department of Mental Health.
(d) Notwithstanding the foregoing, the Department of Public Health shall investigate all reports that a nursing home employee has abused or neglected a nursing home resident, or misappropriated the property of a nursing home resident, in accordance with the rules of the State Board of Health and the federal regulations and guidelines of the Medicaid and Medicare programs. The Department of Public Health shall investigate the complaints in accordance with the procedures and time frames established by the agency. A county department of human resources shall not be required to investigate the complaints.
(e) An individual required to make a report pursuant to subsection (a) who knowingly fails to make a report shall be guilty of a Class C misdemeanor.
","history":"(Acts 1977, No. 780, p. 1340, §6; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 839, §1; Act 2022-161, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36929,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35873,"codeId":7023,"versionId":5549,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-9","shortTitle":"Section 38-9-9","catchLine":"Reports by Physicians, Etc., of Physical Abuse, Neglect or Exploitation - Immunity of Reporter from Civil and Criminal Liability.","title":"Section 38-9-9 Reports by Physicians, Etc., of Physical Abuse, Neglect or Exploitation - Immunity of Reporter from Civil and Criminal Liability.","sectionRange":null,"content":"Any person, firm or corporation making or participating in the making of a report pursuant to this chapter or participating in a judicial proceeding resulting therefrom shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
","history":"(Acts 1977, No. 780, p. 1340, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36930,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35874,"codeId":7028,"versionId":5555,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-10","shortTitle":"Section 38-9-10","catchLine":"Reports by Physicians, Etc., of Physical Abuse, Neglect or Exploitation - Penalty for Failure to Make Report.","title":"Section 38-9-10 Reports by Physicians, Etc., of Physical Abuse, Neglect or Exploitation - Penalty for Failure to Make Report.","sectionRange":null,"content":"Any physician or other practitioner of the healing arts who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by imprisonment for not more than six months or a fine of not more than $500.00.
","history":"(Acts 1977, No. 780, p. 1340, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36931,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35875,"codeId":7037,"versionId":5560,"parentId":6973,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9-11","shortTitle":"Section 38-9-11","catchLine":"Exemption of Officers, Agents and Employees of Department from Civil Liability.","title":"Section 38-9-11 Exemption of Officers, Agents and Employees of Department from Civil Liability.","sectionRange":null,"content":"Any officer, agent or employee of the department, in the good faith exercise of his duties under this chapter, shall not be liable for any civil damages as a result of his acts or omissions in rendering assistance or care to any person.
","history":"(Acts 1977, No. 780, p. 1340, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36932,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35876,"codeId":7048,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9A","shortTitle":"Chapter 9A","catchLine":"In-Home Services and Equipment for Persons with Developmental Disability.","title":"Chapter 9A In-Home Services and Equipment for Persons with Developmental Disability.","sectionRange":"§38-9A-1 to §38-9A-9","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36933,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35877,"codeId":7051,"versionId":5570,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-1","shortTitle":"Section 38-9A-1","catchLine":"Definitions.","title":"Section 38-9A-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following definitions shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(a) ADULT. An individual 18 years of age or older with a developmental disability.
(b) AGENCY. Any public state agency, including, but not limited to, the Department of Mental Health, Department of Public Health, and Department of Education.
(c) CHILD. An individual under the age of 18 who has a developmental disability or who is at risk for a developmental disability. A child under the age of six is considered at risk for a developmental disability if the child has substantial developmental delay or specific congenital or acquired condition that has a high probability of resulting in a developmental disability if services are not provided.
(d) COMMUNITY COUNCIL. A local council composed of people with a developmental disability and their family members who supervise the implementation of the program in its designated community consistently with the policies and procedures of the regional council.
(e) DEVELOPMENTAL DISABILITY. A severe chronic disability of a person that:
(1) Is attributable to a mental or physical impairment or a combination of mental and physical impairments.
(2) Is manifested before the person attains the age of 22, except in the case of traumatic brain injury in which age is not a factor.
(3) Is likely to continue indefinitely.
(4) Results in a substantial functional limitation in three or more of the following major life activities:
a. Capacity for independent living.
b. Economic self-sufficiency.
c. Learning.
d. Mobility.
e. Receptive and expressive language.
f. Self care.
g. Self-direction.
(5) Reflects a need of the person for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended durations and are individually planned and coordinated.
(f) FAMILY. The person or persons with whom the person with a developmental disability resides and who is primarily responsible for the physical care, health, and nurturing of the individual with a developmental disability. The term does not include hospitals, sanitariums, nursing homes, group homes, or any other similar institution.
(g) FINANCIAL ASSISTANCE. A monetary payment to an eligible person with a developmental disability and the family of a child with a developmental disability needed to defray the cost of social services related to the disability. Financial assistance includes, but is not limited to, cash subsidies, cash allowances, cash vouchers, or reimbursement to enable eligible persons to acquire social services or medical services.
(h) INDIVIDUAL AND FAMILY SUPPORTS. Goods, services, and financial assistance to an individual with a developmental disability or the family of such an individual that are provided to meet the goals of: (i) Providing a quality of life comparable to the extent practicable, to that of similarly situated individuals not having a developmental disability and families not having an individual with a developmental disability; and (ii) preventing premature or inappropriate out-of-home placement. Individual and family support includes, but is not limited to, the following:
(1) Communication services.
(2) Counseling services.
(3) Crisis intervention.
(4) Day care.
(5) Dental and medical care that are not otherwise covered.
(6) Equipment and supplies.
(7) Financial assistance.
(8) Home and vehicle modifications.
(9) Home health services.
(10) Homemaker services.
(11) Parent education and training.
(12) Personal assistance services.
(13) Recreation.
(14) Respite care.
(15) Self-advocacy training.
(16) Service coordination.
(17) Specialized diagnosis and evaluation.
(18) Specialized nutrition and clothing.
(19) Specified utility costs.
(20) Therapeutic and nursing services.
(21) Transportation.
(22) Vocational and employment supports.
(i) MEMORANDUM OF UNDERSTANDING. A document which establishes or clarifies the specific details of an agreement between two or more parties.
(j) PROGRAM. The Individual and Family Support Program created in Section 38-9A-2.
(k) REGIONAL SUPPORT COUNCIL. A regional council composed of people with developmental disability and their family members that supervise the implementation of the program in its designated region.
","history":"(Acts 1993, No. 93-334, p. 507, §1; Acts 1997, No. 97-421, p. 709, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36934,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35878,"codeId":7057,"versionId":5575,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-2","shortTitle":"Section 38-9A-2","catchLine":"Individual and Family Support Program.","title":"Section 38-9A-2 Individual and Family Support Program.","sectionRange":null,"content":"(a) The Individual and Family Support Program is created and shall be administered through a system of regional support councils and their affiliated community councils and a state council. One regional support council is created and incorporated as a private nonprofit corporation in each of the mental retardation regions as defined by the Department of Mental Health. The regional support councils and their affiliated community councils may receive and accept funds, real estate, and other items of value from state agencies and other organizations, and enter into any necessary agreements and contracts for the purposes of implementing this chapter. Councils may employ adequate staff personnel including a state coordinator to implement the program. If staff personnel are employed through a fiscal agent or other entity apart from the council, a memorandum of understanding which defines the roles and responsibilities of the staff shall be required.
(b) The following principles shall be adhered to in developing programs to support individuals with developmental disabilities and their families:
(1) Individuals with developmental disabilities and their families are best able to determine their own needs and should be empowered to make decisions concerning necessary, desirable, and appropriate services.
(2) Families should receive the support necessary to care for their children at home.
(3) Family support should be responsive to the needs of the entire family unit.
(4) Supports should be sensitive to the unique needs and strengths of individuals and families.
(5) Supports should build on existing social networks and natural sources of support.
(6) Supports may be needed throughout the lifespan of the individual who has a developmental disability.
(7) Supports should encourage the integration of people with developmental disabilities into the community.
(8) Support services should be flexible enough to accommodate unique needs of individuals and families as they evolve over time.
(9) Support services should be consistent with the cultural preferences and orientations of individuals and families.
(10) Support services should be comprehensive and coordinated across the agencies that provide resources and services, or both, to individuals and families.
(11) Family, individual, and community-based services should be based on the principles for sharing ordinary places, developing meaningful relationships, learning things that are useful, and making choices, as well as increasing the status and enhancing the reputation of the people served.
(12) Supports should be developed in the state that are necessary, desirable, and appropriate to support individuals and families.
(13) Developmental disabilities programs and policies should enhance the development of the individual with a developmental disability and the family.
(14) A comprehensive, coordinated system of supports to families effectively uses existing resources and minimizes gaps in supports to families and individuals in all areas of the state.
(15) Service coordination is a goal oriented process for coordination of the range of services needed and wanted by persons with developmental disabilities and their families, and is independent of service provision.
(c) State agencies and departments may enter into agreements, contracts, or grants with regional or affiliated community councils, families, caregivers, or individuals with a developmental disability to purchase or provide individual and family support.
(d) All volunteer council members shall be protected from liability stemming from the participation of the volunteer as provided in Section 6-5-336.
","history":"(Acts 1993, No. 93-334, p. 507, §2; Acts 1997, No. 97-421, p. 709, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36935,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35879,"codeId":7059,"versionId":5578,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-3","shortTitle":"Section 38-9A-3","catchLine":"Regional Support Councils.","title":"Section 38-9A-3 Regional Support Councils.","sectionRange":null,"content":"(a) Each regional support council shall be composed solely of individuals with developmental disabilities and their family members. Membership shall not exceed 20 members per council, with at least one member to be appointed from each of the affiliated councils, and at least two at-large members who are not members of any community council. A quorum of 40 percent of the membership shall be required to conduct business. Membership shall be distributed equitably throughout the geographic region and shall be representative of the prevalent developmental disabilities. Membership terms shall be for a period of three years. The regional councils shall develop policies for ensuring the implementation of the membership requirements in this section.
Successor members to fill expiring terms shall be made by the regional councils for a term of three years each.
(b) The members of each council shall serve on a voluntary basis, but shall be reimbursed for reasonable expenses incurred in council participation within the guidelines determined by the state council. The guidelines shall reflect the intent of this chapter to value and actively support a diversity of consumer and family participation.
(c) The regional councils shall adopt, subject to the approval of the State Support Council, policies and procedures within its respective region regarding:
(1) Development of a planning process that includes collection and evaluation of data and requests for the program that is coordinated with other service planning efforts.
(2) Development of appropriation requests for individual and family support within the region.
(3) Fiscal accountability procedures, including provisions for an annual independent audit.
(4) Program specifications for the region that shall include, but not be limited to, the following:
a. Criteria for allocation of funds to individuals, families, and support programs.
b. Eligibility determination for persons with developmental disabilities and families with whom an individual with a developmental disability resides.
c. Methodologies for allocating resources to individuals and families within the funds available.
(5) Coordination of the individual and family support program and the use of its funds equitably throughout the region, with other publicly funded programs.
(6) Resolution of grievances and complaints filed pertaining to actions of the individual and family support program, and an appeals process.
(7) Quality assurance and quality improvement guidelines pursuant to subsection (f) that include, at a minimum, a measurement of the extent of consumer and family satisfaction with the services and support of the program.
(8) Annual evaluation of services, including, but not limited to, consumer satisfaction.
(9) Development and implementation of a public awareness, education, and outreach program.
(10) Development of a constitution and bylaws.
(11) Sanction of the community council.
(d) The council shall meet at least quarterly.
(e)(1) The council may dispense financial assistance and individual and family support to eligible persons who have developmental disabilities, and to eligible families of those persons. Any financial assistance provided to individuals or families pursuant to this chapter based on funds provided by the Department of Mental Health shall be made in compliance with rules promulgated by the department.
(2) The council may also choose to fund support programs operated by local agencies.
(f) The councils shall adopt a quality improvement plan that does all of the following:
(1) Adheres to the principles of Section 38-9A-2.
(2) Addresses the policies and procedures required by subsection (c).
(3) Includes fundamental quality assurance activities.
(4) Incorporates concepts of continuous quality improvement.
(5) Utilizes consumer and family satisfaction assessment data as a quality indicator.
(6) Is evaluated annually to assess its effectiveness in improving the following:
a. Consumer and family satisfaction with the IFS services and support.
b. The efficiency and effectiveness of the councils in operations and performance.
c. The compliance of the councils with the requirements of this chapter.
(7) Is revised annually based on results of subdivision (6).
","history":"(Acts 1993, No. 93-334, p. 507, §3; Acts 1997, No. 97-421, p. 709, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36936,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35880,"codeId":7064,"versionId":5583,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-4","shortTitle":"Section 38-9A-4","catchLine":"Community Councils.","title":"Section 38-9A-4 Community Councils.","sectionRange":null,"content":"(a) Each regional council shall sanction in accordance with state and regional council policies and procedures local area affiliate councils within its region, to be known as community councils, for the purpose of implementing the Individual and Family Support Program at the local community level.
(b) Each community council shall be composed solely of people with disabilities and their family members. Members shall be appointed by the respective community councils, within the criteria established by the regional councils. Membership shall be distributed equitably throughout the local community area and shall be representative of the prevalent developmental disabilities.
(c) Each community council shall perform the following duties:
(1) Determine specific eligibility criteria within the broad criteria set by the regional council.
(2) Receive applications for support funding from individuals, families, and service programs, and select recipients.
(3) Authorize and disburse funding for approved recipients within the funds available.
(4) Collect and evaluate support data, including consumer and family satisfaction, for planning purposes, and coordinate with other local and regional service planning efforts.
(5) Adhere to the constitution and bylaws as developed by the regional council.
(6) Adhere to the principles of subsection (b) of Section 38-9A-2.
","history":"(Acts 1993, No. 93-334, p. 507, §4; Acts 1997, No. 97-421, p. 709, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36937,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35881,"codeId":7068,"versionId":5587,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-5","shortTitle":"Section 38-9A-5","catchLine":"State Support Council.","title":"Section 38-9A-5 State Support Council.","sectionRange":null,"content":"(a) The State Support Council is created and shall be comprised of not more than 15 consumer and family members. Of these, there will be three representatives appointed by each regional support council. These shall include a regional council officer, one other regional council member, and a community council member. Additionally, the following individuals or their designees shall serve as nonvoting advisory members: The Chair of the Developmental Disabilities Planning Council, the Commissioner of the Department of Human Resources, the Commissioner of the Department of Mental Health, the State Superintendent of Education, the Director of the Department of Rehabilitation Services, and the State Health Officer of the Department of Public Health. The State Support Council shall provide a forum for the development of a state plan for an individual and family support system reflecting the experiences and needs of each region which shall be updated at least every three years and a forum for the consolidation and presentation of the annual budget request. The State Support Council shall make an annual report to the Legislature that includes an evaluation of the program and recommendations for future policy in individual and family supports. The report shall also be distributed to the Governor for dissemination to state agencies.
(b) The state council shall also develop a code of ethics for the council, including a policy regarding potential conflicts of interest in membership, receipt of supports, and other areas as appropriate.
(c) The state council shall meet at least quarterly.
","history":"(Acts 1993, No. 93-334, p. 507, §5; Acts 1997, No. 97-421, p. 709, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36938,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35882,"codeId":7075,"versionId":5590,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-6","shortTitle":"Section 38-9A-6","catchLine":"Plans and Budgets.","title":"Section 38-9A-6 Plans and Budgets.","sectionRange":null,"content":"(a) The local, regional, and state plans for individual and family supports developed by each community and regional council and the State Support Council shall be developed in conjunction with the regional planning process of the Division of Mental Retardation of the Department of Mental Health. These plans and accompanying proposed budgets shall be considered by the Commissioner of the Department of Mental Health as a line item in the department’s budget request that is annually submitted to the Governor’s office.
(b) The minimum level of funding in any year in the line item shall be six hundred fifty thousand dollars ($650,000) as a continuation of current funding from the Department of Mental Health, except that this amount may be reduced in a fiscal year in an amount equal to or less than any reduction applied to all other community-based programs and services of the Division of Mental Retardation in that same fiscal year. Provided, however, this exception shall not apply to federal maintenance of effort requirements. The councils may request the allocation of additional new funds in the budget of the Department of Mental Health for the Individual and Family Support Program and may also receive new funds from other state agencies and from the State General Fund.
(c) The state, regional, or affiliated community councils, as defined by this chapter, are exempted from any county and local and sales and use taxes.
","history":"(Acts 1993, No. 93-334, p. 507, §6; Acts 1997, No. 97-421, p. 709, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36939,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35883,"codeId":7077,"versionId":5592,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-7","shortTitle":"Section 38-9A-7","catchLine":"Nothing in Chapter to Restrict Other Chapters.","title":"Section 38-9A-7 Nothing in Chapter to Restrict Other Chapters.","sectionRange":null,"content":"(a) Nothing contained in this chapter shall limit, restrict, or alter the provisions of Chapter 51 of Title 22, regarding regional mental health programs and facilities.
(b) Nothing contained in this chapter shall limit, restrict, or alter the provisions of Chapter 50 of Title 22.
","history":"(Acts 1993, No. 93-334, p. 507, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36940,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35884,"codeId":7083,"versionId":5596,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-8","shortTitle":"Section 38-9A-8","catchLine":"Individual and Family Support and Financial Assistance.","title":"Section 38-9A-8 Individual and Family Support and Financial Assistance.","sectionRange":null,"content":"(a) Individual and family support is complementary to, but not supplemental to, other assistance or benefits available through other public or private assistance programs.
(b) Financial assistance, or the value of goods or services provided to eligible individuals or families shall not be deemed as income for any purpose, and is exempt from all state and local taxation and reporting.
(c) Financial assistance shall not be alienable by sale, assignment, garnishment, executions, or otherwise.
(d) The individual or family recipient shall decide how financial assistance is used subject to the following:
(1) The family or individual recipient shall submit an annual report stating generally how the assistance was used.
(2) The family or individual recipient shall report promptly any event or condition affecting continued eligibility for support including, but not limited to:
a. Death of a family member.
b. Death of the responsible family adult.
c. Placement outside the home.
d. Change of state of residence.
","history":"(Acts 1993, No. 93-334, p. 507, §8; Acts 1994, No. 94-305, p. 539, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36941,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35885,"codeId":7088,"versionId":5601,"parentId":7048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9A-9","shortTitle":"Section 38-9A-9","catchLine":"Continuation of Chapter.","title":"Section 38-9A-9 Continuation of Chapter.","sectionRange":null,"content":"(a) It is the intent of the Legislature to continue the Individual and Family Support Program established pursuant to this chapter, commencing with Section 38-9A-1.
(b) This chapter is continued and shall be a permanent statute.
(c) Section 9 of Act 93-334, S. 421, 1993 Regular Session (Acts 1993, p. 507), is amended to read as follows:
“Section 9. This act shall become effective October 1, 1993.”
","history":"(Acts 1997, No. 97-421, p. 709, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36942,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35886,"codeId":7099,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9B","shortTitle":"Chapter 9B","catchLine":"Alabama Family Trust Board of Trustees.","title":"Chapter 9B Alabama Family Trust Board of Trustees.","sectionRange":"§38-9B-1 to §38-9B-7","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36943,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35887,"codeId":7100,"versionId":5611,"parentId":7099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9B-1","shortTitle":"Section 38-9B-1","catchLine":"Legislative Findings.","title":"Section 38-9B-1 Legislative Findings.","sectionRange":null,"content":"(a) The Legislature finds and declares the following:
(1) It is an essential function of state government to provide basic support for persons with a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or occurs by reason of accident, injury, age, or disease.
(2) The cost of providing basic support for persons with a mental or physical impairment is difficult for many citizens to afford, and they are forced to rely upon the government to provide that support.
(3) The families and friends of persons with a mental or physical impairment desire to supplement, but not replace, the basic support provided by state government and other governmental programs.
(4) Medical, social, and other supplemental services are often provided by family members and friends of persons with a mental or physical impairment, for the lifetime of the impaired persons.
(5) It is necessary and desirable for the public health, safety, and welfare of the people of this state to encourage, enhance, and foster the ability of family members and friends of those individuals with a mental or physical impairment to supplement, but not to replace, the basic support provided by state government and other governmental programs and to provide for medical, social, or other supplemental services for those impaired persons.
(b) The Legislature declares the purpose of the Alabama Family Trust Corporation, the Alabama Family Trust, and the Alabama Family Trust Charitable Trust is to encourage, enhance, and foster the provision of medical, social, or other supplemental services for persons with a mental or physical impairment.
","history":"(Acts 1994, No. 94-579, p. 1054, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36944,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35888,"codeId":7106,"versionId":35867,"parentId":7099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9B-2","shortTitle":"Section 38-9B-2","catchLine":"Definitions.","title":"Section 38-9B-2 Definitions.","sectionRange":null,"content":"This section was amended by Act 2018–36 of the 2018 Regular Session.
As used in this chapter, the following words shall have the following meanings:
(1) ALABAMA FAMILY CHARITABLE TRUST (AFT CHARITABLE TRUST). The trust established by the board of trustees that qualifies as a tax exempt charitable entity under the United States Internal Revenue Code, to provide benefits for any individual who does not have a sufficient amount in his or her AFT Trust to meet the individual’s needs.
(2) ALABAMA FAMILY TRUST (AFT TRUST). The Alabama Family Trust established pursuant to this chapter.
(3) ALABAMA FAMILY TRUST CORPORATION (AFT CORPORATION). An Alabama not-for-profit corporation established by the board of trustees pursuant to this chapter that qualifies as a tax exempt charitable organization under the United States Internal Revenue Code.
(4) BOARD OF TRUSTEES. The Alabama Family Trust Board of Trustees established pursuant to this chapter.
(5) COMMISSIONER. The Commissioner of the Alabama Department of Mental Health.
(6) CONTRIBUTION. The balance of all amounts placed in a particular account but not including any appreciation in value of investments or accretions thereto resulting from any source, such as dividends, interest, and capital gains. In no event shall contribution mean more than the total of all contributions made to a particular account.
(7) CONTRIBUTOR. Any person who makes a donation directly to the AFT Corporation or the AFT Charitable Trust.
(8) CO-TRUSTEE. Any person named by the settlor to work with the trustee in providing benefits to a life beneficiary, except neither a contributor nor a contributor’s spouse shall be the co-trustee if the contributor or the contributor’s spouse is the life beneficiary.
(9) DEPARTMENT. The Alabama Department of Mental Health.
(10) IMPAIRMENT. A mental or physical disability that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, age, or disease, and where the impairment is verified by medical findings that meet the medical-vocational requirements for a finding of disability under Section 223(d) of the Social Security Act, 42 U.S.C. Section 423(d), or under Section 1614 of the Social Security Act, 42 U.S.C. Section 1382c.
(11) LIFE BENEFICIARY. A beneficiary designated by a settlor.
(12) NET INCOME. The earnings received on investments less expenses and fees for administration.
(13) REQUESTING PARTY. The party requesting arbitration of a dispute regarding benefits to be provided by the AFT Trust.
(14) RESPONDING PARTY. The party not requesting arbitration of a dispute regarding benefits to be provided by the AFT Trust.
(15) SETTLOR. A person who establishes an AFT Trust account for a life beneficiary.
(16) SUCCESSOR LIFE BENEFICIARY. A successor life beneficiary designated by the settlor to the AFT Trust, who is a legal sibling of the life beneficiary and who otherwise qualifies as a life beneficiary under the conditions of this chapter.
(17) TRUSTEE. The Alabama Family Trust Corporation.
","history":"(Acts 1994, No. 94-579, p. 1054, §2; Act 2000-141, p. 194, §1; Act 2006-604, p. 1658, §1; Act 2013-366, p. 1313, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36945,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35890,"codeId":7112,"versionId":26789,"parentId":7099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9B-4","shortTitle":"Section 38-9B-4","catchLine":"Creation of Board; Composition; Compensation; Accounting of Funds; Policies and Procedures.","title":"Section 38-9B-4 Creation of Board; Composition; Compensation; Accounting of Funds; Policies and Procedures.","sectionRange":null,"content":"(a) There is hereby created the Alabama Family Trust Board of Trustees, which shall be an instrumentality of the state. The board of trustees shall consist of eleven persons appointed by the Governor of Alabama, Presiding Officer of the Senate of Alabama, and Speaker of the Alabama House of Representatives. The members shall serve until their successors are appointed and confirmed by the Senate. The trustees shall be persons who are not employed by the department. The board of trustees shall be composed of the following:
(1) Two individuals who represent the interests of persons with mental illness. The commissioner shall seek recommendations of those individuals to represent persons with mental illness and shall submit a list of six names to the Governor from which two shall be appointed. One shall be appointed for a term of two years, and one for three years. Thereafter, as the term of a trustee expires, the commissioner shall submit to the Governor a list of not less than three nor more than five proposed trustees to represent the interests of persons with mental illness and the Governor shall appoint one trustee from the list for a term of three years.
(2) Two individuals who represent the interests of persons with intellectual or developmental disabilities. The commissioner shall seek recommendations of those individuals to represent persons with intellectual or developmental disabilities and shall submit a list of six names to the Governor from which two shall be appointed. One shall be appointed for a term of two years, and one for three years. Thereafter, as the term of a trustee expires, the commissioner shall submit to the Governor a list of not less than three nor more than five proposed trustees to represent the interests of persons with intellectual or developmental disabilities, and the Governor shall appoint one trustee from the list for a term of three years.
(3) Two individuals who represent the interests of persons with physical impairments. The commissioner shall seek recommendations of individuals to represent those persons with physical impairments and shall submit a list of six names to the Governor from which two shall be appointed. One shall be appointed for a term of two years, and one for three years. Thereafter, as the term of a trustee expires, the commissioner shall submit to the Governor a list of not less than three nor more than five proposed trustees to represent the interests of persons with physical impairments, and the Governor shall appoint one trustee from the list for a term of three years.
(4) Five persons who are recognized for their expertise in general business matters and procedures. The commissioner shall submit a list of nine names to the Governor from which three shall be appointed. Of the three business people to be appointed by the Governor, one shall be appointed for a term of one year, one for two years, and one for three years. Thereafter, as the term of a trustee expires, the commissioner shall submit to the Governor a list of not less than three but not more than five proposed trustees, and the Governor shall appoint one business person from the list as trustee for a term of three years. The commissioner shall submit a list of three names to the Presiding Officer of the Senate from which one trustee shall be appointed for a term of three years. Thereafter, as the term of the trustee representing business interests appointed by the Presiding Officer of the Senate expires, the commissioner shall submit to the Presiding Officer of the Senate a list of not more than three proposed trustees, and the Presiding Officer of the Senate shall appoint one business person from the list as trustee for a term of three years. The commissioner shall submit a list of three names to the Speaker of the House of Representatives from which one trustee shall be appointed for a term of three years. Thereafter, as the term of the trustee representing business interests appointed by the Speaker of the House of Representatives expires, the commissioner shall submit to the Speaker of the House of Representatives a list of not more than three proposed trustees, and the Speaker shall appoint one business person from the list as trustee for a term of three years.
(b) The trustees shall receive no compensation for their services. The AFT Corporation shall reimburse the trustees for necessary expenses actually incurred in the performance of their duties.
(c) The board of trustees annually shall prepare or cause to be prepared an accounting of funds in the AFT Trust and the AFT Charitable Trust and shall transmit a copy of such accounting to the Governor, the Presiding Officer of the Senate, and the Speaker of the House of Representatives.
(d) The board of trustees shall establish policies, procedures, and other rules and regulations necessary to implement this chapter.
(e) The membership of the board of trustees shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The corporation shall annually report to the Legislature by the second legislative day of each regular session to what extent the corporation has complied with the diversity provisions of this chapter.
","history":"(Acts 1994, No. 94-579, p. 1054, §4; Act 2006-604, p. 1658, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36947,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35891,"codeId":7117,"versionId":42536,"parentId":7099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9B-5","shortTitle":"Section 38-9B-5","catchLine":"Aft Corporation, Trust, and Charitable Trust.","title":"Section 38-9B-5 Aft Corporation, Trust, and Charitable Trust.","sectionRange":null,"content":"(a) The board of trustees shall establish and administer the AFT Corporation. The board of trustees shall execute all documents necessary to establish and administer the AFT Corporation, including, but not limited to, documents to form a not-for-profit corporation and to qualify as an organization pursuant to Section 501(c)(3) of the United States Internal Revenue Code.
(b) The AFT Corporation shall establish the AFT Trust and the AFT Charitable Trust, and the board of trustees shall administer the AFT Trust and the AFT Charitable Trust through the AFT Corporation. The board of trustees and the AFT Corporation shall take all steps necessary to satisfy all federal and state laws and all regulations, rules, and policies established by the federal Social Security Administration to ensure that the AFT Trust and the AFT Charitable Trust are qualified to supplement the provision of government entitlement funding and, where necessary, are qualified as tax exempt entities under the United States Internal Revenue Code, including, but not limited to, amending any master or joinder trust agreements or other corporation documents to comply with all relevant federal and state laws, rules, regulations, and policies. Any such amendments shall apply to all existing and future trust agreements for the benefit of life beneficiaries.
(c) The documents establishing the AFT Trust shall include and be limited by the following:
(1) To be eligible to participate in the AFT Trust, a life beneficiary must suffer from an impairment as defined in this chapter.
(2) The AFT Trust may accept contributions from any source, so long as basic eligibility requirements are satisfied, to be held, administered, managed, invested, and distributed so that life beneficiaries remain eligible for means-tested government benefits. Contributions and earnings of the AFT Trust may be administered as one trust for purposes of investment and management of funds. Notwithstanding the foregoing, separate accounts shall be established for each designated life beneficiary. The net income earned shall be credited to the accounts of the life beneficiaries in proportion to the fair market value that each account has to the total fair market value of all accounts. Administrative fees and administrative expenses may be charged directly to an account of a life beneficiary, except that administrative fees shall not exceed the income allocated to that account.
(3) Every settlor shall designate a specific person as the life beneficiary of the contribution made by the contributor. In addition, each settlor shall name a co-trustee, including a successor or successors to the co-trustee, to act with the trustee on behalf of the designated life beneficiary. Notwithstanding the foregoing, neither a life beneficiary or his or her spouse shall be eligible to be a co-trustee or a successor co-trustee.
(4) If a settlor designates a contributor or the contributor’s spouse as the life beneficiary, then the account of the life beneficiary shall, regardless of any other provision of this chapter, meet the following additional conditions:
a. The AFT Trust shall be irrevocable.
b. The amounts remaining in the life beneficiary’s account upon the death of the life beneficiary shall be first disbursed to the AFT Corporation. The amounts remaining in the life beneficiary’s account upon the death of the life beneficiary shall be disbursed by the AFT Corporation as follows:
1. Payment of any taxes due from the trust to the state or any other state or the federal government because of the death of the beneficiary.
2. Payment of reasonable fees for administration of the trust such as an accounting of the trust to a court, completion and filing of documents, or other required actions associated with termination and wrapping up of the trust.
3. Retention of 10 percent to AFT Corporation for the AFT Charitable Trust.
4. Reimbursement to the State of Alabama, or to any other state, the District of Columbia or any other commonwealth, territory, or jurisdiction of the United States for medical assistance paid on behalf of the life beneficiary under the plan of the respective jurisdiction.
5. Payment of the balance, if any, in accordance with rules and regulations adopted by the AFT Corporation. The AFT Corporation shall determine the amount to be retained by the AFT Corporation for the AFT Charitable Trust from the amounts remaining in the life beneficiary’s account at death, and the amount shall be outlined in the trust agreement established at the time of the creation of the life beneficiary’s account with the AFT Corporation.
c. Neither a contributor nor the contributor’s spouse shall serve as co-trustee.
(5) During his or her lifetime, any contributor or contributor’s spouse who has not been designated as the life beneficiary, may revoke his or her contribution made to the AFT Trust. Notwithstanding the foregoing, any contributor may, at any time, voluntarily waive the right to revoke by written notice. If the life beneficiary has not received any benefits provided by the use of the AFT Trust income or principal at the time the contributor revokes the contribution to the AFT Trust, then, subject to the payment of any administrative fees and expenses as established by the AFT Corporation, an amount equal to the current fair market value of the balance of the life beneficiary’s account in the AFT Trust as determined on the date of distribution shall be returned to the contributor. If at the time a contributor revokes the contribution to the AFT Trust the life beneficiary has received any benefits provided by the use of the AFT Trust income or principal, then, subject to the payment of any administrative fees and expenses as established by the AFT Corporation, an amount equal to 95 percent of the current fair market value of the principal balance of the life beneficiary account in the AFT Trust as determined on the date of distribution shall be returned to the contributor. The remaining balance of the life beneficiary account shall be distributed to the AFT Charitable Trust.
(6) The co-trustee, with the consent of the trustee, shall agree on the amount of income or principal, or both, to be used to provide non-cash benefits in the best interest of the life beneficiary. Any net income which is not used shall be added annually to the principal.
(7) In the event that the trustee and the co-trustee shall be unable to agree either on the amount of income or principal, or income and principal, to be used or the benefits to be provided, then either the trustee or the co-trustee may request that the matter be resolved by arbitration. The requesting party shall send a written request for arbitration to the responding party and shall in the request set forth the name, address, and telephone number of the requesting party’s arbitrator. The responding party shall, within 10 days, after receipt of the request for arbitration, set forth in writing to the requesting party the name, address, and telephone number of the responding party’s arbitrator. Copies of the request for arbitration and response shall be sent to the commissioner of the department. If the two designated arbitrators are unable to agree upon a third arbitrator within 10 days after the responding party has identified the responding party’s arbitrator, then the commissioner shall designate the third arbitrator by written notice to the requesting and responding parties’ arbitrators. The three arbitrators shall meet and render a decision within 30 calendar days after the appointment of the third arbitrator. A decision of a majority of the arbitrators shall be binding upon the requesting and responding parties. Each party shall pay the fees and expenses of the party’s arbitrator and the fees and expenses of the third arbitrator shall be borne equally by the parties.
(8) If a settlor designates a contributor or the contributor’s spouse as the life beneficiary and the trustee terminates the individual trust agreement for any lawful reason other than the death of the life beneficiary, the amounts remaining in the life beneficiary’s account upon the termination shall be disbursed as follows:
a. Payment of reasonable fees for administration of the trust, such as an accounting of the trust to a court, completion and filing of documents, or other required actions associated with termination and wrapping up of the trust.
b. Reimbursement to the State of Alabama, or to any other state, the District of Columbia, or any other commonwealth, territory, or jurisdiction of the United States, for medical assistance paid on behalf of the life beneficiary under the plan of the respective jurisdiction.
c. Payment of the balance, if any, to the life beneficiary.
(d) The documents establishing the AFT Charitable Trust shall include and be limited to the following:
(1) The AFT Charitable Trust shall be a charitable trust under the United States Internal Revenue Code and shall be administered as part of the AFT Trust, but as a separate account. The income attributable to the AFT Charitable Trust shall be used for the benefit of beneficiaries of AFT individual trusts who have needs that cannot be met from funds available to such life beneficiaries from their AFT individual trusts. The board of trustees shall determine annually the amount of AFT Charitable Trust income to be used to provide benefits and the nature and type of benefits to be provided for each AFT life beneficiary while taking into account the individual’s eligibility for government benefits. Any income of the AFT Charitable Trust not used shall be added annually to the principal.
(2) The board of trustees shall accept contributions to the AFT Charitable Trust from any source and shall comply with all rules and regulations under the United States Internal Revenue Code that govern the acceptance of charitable contributions.
","history":"(Acts 1994, No. 94-579, p. 1054, §5; Acts 1996, No. 96-559, p. 831, §1; Act 2000-141, p. 194, §1; Act 2006-604, p. 1658, §1; Act 2013-366, p. 1313, §1; Act 2018-36, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36948,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35892,"codeId":7123,"versionId":35870,"parentId":7099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9B-6","shortTitle":"Section 38-9B-6","catchLine":"Rights and Interests of Life Beneficiaries and Contributors.","title":"Section 38-9B-6 Rights and Interests of Life Beneficiaries and Contributors.","sectionRange":null,"content":"(a) No life beneficiary shall have any vested or property rights or interests in the AFT Trust, nor shall any life beneficiary have the power to anticipate, assign, convey, alienate, or otherwise encumber any interest in the income or principal of the AFT Trust nor shall the income or principal be or any interest of any life beneficiary thereunder be liable for any debt incurred by the life beneficiary, nor shall the principal or income of the AFT Trust Fund be subject to seizure by any creditor of any life beneficiary under any writ or proceeding in law or in equity.
(b) Except for the right of a contributor who is not and whose spouse is not a life beneficiary to revoke any contribution made to the AFT Trust, pursuant to subdivision (5) of subsection (c) of Section 38-9B-5, neither the settlor, contributor, nor any acting co-trustee has the right to sell, assign, convey, alienate, or otherwise encumber, for consideration or otherwise, any interest in the income or the principal of the AFT Trust, nor shall the income or the principal or any interest of any life beneficiary thereunder be liable for any debt incurred by the settlor, contributor, or any acting co-trustee, nor shall the principal or income of the AFT Trust be subject to seizure by any creditor of any settlor, contributor, or any acting co-trustee under any writ or proceeding in law or in equity.
","history":"(Acts 1994, No. 94-579, p. 1054, §6; Act 2013-366, p. 1313, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36949,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35893,"codeId":7129,"versionId":35871,"parentId":7099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9B-7","shortTitle":"Section 38-9B-7","catchLine":"Trustee Liability.","title":"Section 38-9B-7 Trustee Liability.","sectionRange":null,"content":"No trustee or co-trustee serving pursuant to the provisions of this chapter shall at any time be liable for any mistake of law or fact, or of both law and fact, or errors of judgment, or for any loss sustained by the AFT Trust or AFT Charitable Trust, or by any life beneficiary, or by any other person, except through actual fraud or willful misconduct on the part of such trustee or co-trustee.
","history":"(Acts 1994, No. 94-579, p. 1054, §7; Act 2013-366, p. 1313, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36950,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35894,"codeId":7137,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9C","shortTitle":"Chapter 9C","catchLine":"Bill of Rights for Persons with Developmental Disabilities and Traumatic Brain Injury.","title":"Chapter 9C Bill of Rights for Persons with Developmental Disabilities and Traumatic Brain Injury.","sectionRange":"§38-9C-1 to §38-9C-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36951,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35895,"codeId":7139,"versionId":5637,"parentId":7137,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9C-1","shortTitle":"Section 38-9C-1","catchLine":"Short Title.","title":"Section 38-9C-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as “The Alabama Bill of Rights for Persons with Developmental Disabilities and Traumatic Brain Injury.”
","history":"(Acts 1995, No. 95-690, p. 1502, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36952,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35896,"codeId":7146,"versionId":5642,"parentId":7137,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9C-2","shortTitle":"Section 38-9C-2","catchLine":"Legislative Findings.","title":"Section 38-9C-2 Legislative Findings.","sectionRange":null,"content":"The Legislature finds that services to persons with developmental disabilities and traumatic brain injury must be based on individual need, provided by appropriately qualified individuals, and available to persons with developmental disabilities in community environments. Services should be provided in a way which is normalizing as well as respectful of the rights, feelings, and responsibilities of each person with a disability. Services should also focus on enabling individuals to maintain responsibility for setting their own goals, directing their own lives, and acting responsibly as members of their community. Persons who have disabilities shall not be deprived of any right, benefit, or privilege guaranteed by law, the Constitution of Alabama of 1901, or the Constitution of the United States without due process of law.
","history":"(Acts 1995, No. 95-690, p. 1502, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36953,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35897,"codeId":7152,"versionId":5647,"parentId":7137,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9C-3","shortTitle":"Section 38-9C-3","catchLine":"Definitions.","title":"Section 38-9C-3 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words shall have the following meanings:
(1) DEVELOPMENTAL DISABILITY. A disability that includes the following items:
a. Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments.
b. Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable.
c. Is likely to continue indefinitely.
d. Results in substantial functional limitations in three or more of the following areas of major life activities:
1. Self-care.
2. Receptive and expressive language.
3. Learning.
4. Mobility.
5. Self-direction.
6. Capacity for independent living.
7. Gainful employment.
(2) TRAUMATIC BRAIN INJURY. An injury to the brain, not of degenerative or congenital nature but caused by an external physical force, that may produce a diminished or altered state of consciousness, which results in impairment of cognitive abilities or physical functioning.
(3) PROVIDER. Any agency, corporation, or individual who provides services to persons with developmental disabilities and/or traumatic brain injury, provided, that this chapter shall only apply to physicians licensed to practice medicine to the extent that medical services to individuals covered by the chapter must be provided in accordance with established standards of medical care.
","history":"(Acts 1995, No. 95-690, p. 1502, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36954,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35898,"codeId":7158,"versionId":5652,"parentId":7137,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9C-4","shortTitle":"Section 38-9C-4","catchLine":"Rights.","title":"Section 38-9C-4 Rights.","sectionRange":null,"content":"The rights of persons with developmental disabilities and traumatic brain injury include, but are not limited to, all of the following:
(1) The right to exercise the rights of citizens of the United States and the State of Alabama.
(2) The right to access a full array of services appropriate for them as individuals.
(3) The right to inclusion in the community.
(4) The right to live, work, be educated, and recreate with people who do not have disabilities.
(5) The right to be presumed competent until a court of competent jurisdiction determines otherwise.
(6) The right to social interaction with members of either sex.
(7) The right to vote and otherwise participate in the political process according to applicable laws of the United States and the State of Alabama.
(8) The right to free exercise of religion.
(9) The right to confidential handling of personal, financial, and medical records.
(10) The right to own and possess real and personal property.
(11) The right to privacy and dignity.
(12) The right to reasonable access to and privacy of mail, telephone, communications, and visitors.
(13) The right to receive only those drugs and medications which are prescribed in accordance with established standards of medical care.
(14) The right to have physical and chemical restraints used only in accordance with established standards of medical, social, and educational care, taking into consideration the health status of the individual.
(15) The right to a free and appropriate public education as set forth in the laws of the State of Alabama.
(16) The right to be free from abuse, exploitation, or neglect.
(17) The right to make decisions that affect their lives.
(18) The right to access general services in their community and local neighborhood.
(19) The right to use services in a safe and humane environment.
(20) The right to be accorded human respect and dignity on an individual basis in a consistently humane fashion.
(21) The right to exercise rights without reprisal.
(22) The right to access dental and medical care, including vision and hearing services.
(23) The right to be free from any physical, verbal, sexual, or psychological abuse, exploitation, coercion, reprisal, intimidation, or neglect.
(24) The right to be fully informed, on an individual basis, concerning services provided, with information presented in a setting and in language appropriate to the person’s ability to understand.
(25) The right to be informed specifically of the procedures for initiating a complaint or grievance procedure and the applicable appeals process, including the means of requesting a hearing or review of the complaint.
(26) The right to be informed of the means for accessing advocates, ombudsmen, or rights protection services within the program and, as applicable, the State of Alabama Mental Health System, the Department of Human Resources, the federal advocacy system, and other advocacy services. Such access must be allowed without fear of reprisal.
(27) The right to adequate food and shelter in residential programs operated or certified by regulatory agencies of the State of Alabama.
(28) The right to enforce these rights in a court of competent jurisdiction or appropriate administrative proceeding on an individual basis.
","history":"(Acts 1995, No. 95-690, p. 1502, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36955,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35899,"codeId":7165,"versionId":5658,"parentId":7137,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9C-5","shortTitle":"Section 38-9C-5","catchLine":"Providers Who Contract with Agencies or Programs Required to Develop Written Policies to Ensure Rights.","title":"Section 38-9C-5 Providers Who Contract with Agencies or Programs Required to Develop Written Policies to Ensure Rights.","sectionRange":null,"content":"All providers who contract or subcontract with any federal, state, or local agency or program to provide services in the State of Alabama to persons with developmental disabilities or traumatic brain injury in Alabama shall develop and implement written policies and procedures to ensure the rights enumerated above are observed by the provider in discharging its contractual or subcontractual duties and responsibilities. At a minimum, these policies and procedures shall provide for the following:
(1) Affirm and safeguard the rights stated in this chapter.
(2) Provide that prompt, reasonable action be taken to prevent the potential for further abuse while an investigation is in process.
(3) Provide for a prompt and thorough investigation of all allegations of abuse, exploitation, or neglect by trained, experienced personnel delegated with all necessary authority.
(4) Provide that the results of all investigations shall be reported to the administrators of the program or his or her designated representative on an interim basis during the course of the investigation and within 72 hours of completion of the investigation.
(5) Establish corrective action, including education and training for a provider-affiliated individual who has been found responsible for violations of rights herein enumerated. Criminal violations shall be reported to the Office of the Attorney General, State of Alabama, or the local district attorney for consideration of further legal action.
(6) Prohibit the employment of individuals known to the provider to have a conviction of child, elder, patient, or resident abuse, exploitation, or neglect in any job involving care or services for people with developmental disabilities or traumatic brain injuries.
(7) Provide training and informational materials on rights and on the prevention of abuse, exploitation, and neglect for administrators, professionals, direct-care staff, and volunteers. Each new staff member shall demonstrate working knowledge of this information. When possible, ongoing training shall be provided.
","history":"(Acts 1995, No. 95-690, p. 1502, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36956,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35900,"codeId":7171,"versionId":5663,"parentId":7137,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9C-6","shortTitle":"Section 38-9C-6","catchLine":"Construction with Other Law.","title":"Section 38-9C-6 Construction with Other Law.","sectionRange":null,"content":"This chapter shall not override or repeal any provisions of the Adult Protective Services Act pursuant to Section 38-9-1 et seq., or the Child Abuse Reporting Act pursuant to Section 26-14-1 et seq., and shall be read in pari materia with those provisions.
","history":"(Acts 1995, No. 95-690, p. 1502, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36957,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35901,"codeId":7175,"versionId":5669,"parentId":7137,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9C-7","shortTitle":"Section 38-9C-7","catchLine":"Effect of Chapter on Established Standards of Medical Care; Application of Written Policies Requirement.","title":"Section 38-9C-7 Effect of Chapter on Established Standards of Medical Care; Application of Written Policies Requirement.","sectionRange":null,"content":"This chapter shall not be interpreted or construed to alter, expand, or diminish established standards of medical care applicable to physicians licensed to practice medicine. Notwithstanding any provision of this chapter to the contrary, the requirement to develop and implement written policies and procedures as outlined in Section 38-9C-5 shall not apply to the private offices of physicians licensed to practice medicine.
","history":"(Acts 1995, No. 95-690, p. 1502, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36958,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35902,"codeId":7185,"versionId":5676,"parentId":7137,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9C-8","shortTitle":"Section 38-9C-8","catchLine":"No Reduction or Expansion of Rights Beyond Rights Guaranteed Other Persons.","title":"Section 38-9C-8 No Reduction or Expansion of Rights Beyond Rights Guaranteed Other Persons.","sectionRange":null,"content":"Provided that nothing in this legislation shall be construed to reduce or expand the rights of persons with developmental disabilities or traumatic brain injuries beyond the rights guaranteed to any other person under the Constitution of the United States and the statutes enacted thereto and the Constitution of Alabama of 1901 and the statutes enacted thereto.
","history":"(Acts 1995, No. 95-690, p. 1502, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36959,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35903,"codeId":42756,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9D","shortTitle":"Chapter 9D","catchLine":"Elder Abuse Prevention Act.","title":"Chapter 9D Elder Abuse Prevention Act.","sectionRange":"§38-9D-1 to §38-9D-7","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36960,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35904,"codeId":42757,"versionId":35003,"parentId":42756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9D-1","shortTitle":"Section 38-9D-1","catchLine":"Short Title.","title":"Section 38-9D-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Elder Abuse Prevention Act.
","history":"(Act 2012-495, p. 1448, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36961,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35905,"codeId":42758,"versionId":35004,"parentId":42756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9D-2","shortTitle":"Section 38-9D-2","catchLine":"Definitions.","title":"Section 38-9D-2 Definitions.","sectionRange":null,"content":"The following words are defined for the purposes of this chapter:
(1) COORDINATED SYSTEM OF CARE. The total effort in the state, inclusive of service coordination/case management, that is directed at meeting the needs of individuals who are at risk of elder abuse.
(2) COUNCIL. The Alabama Interagency Council for the Prevention of Elder Abuse.
(3) ELDER ABUSE. The maltreatment of an older person, age 60 or above, by any person, including the following:
a. Emotional/Psychological Abuse. The intentional infliction of mental or emotional anguish by threat, humiliation, intimidation, or other verbal or non-verbal abusive conduct. Examples of psychological abuse include name calling, insulting, ignoring for extended periods of time, frightening, intimidating, and isolating from friends and family.
b. Material Exploitation. The unauthorized use of funds or any resources of an elderly individual or the misuse of power of attorney or representative payee status for one’s own advantage or profit. Examples include stealing jewelry or other property and obtaining the elderly person’s signature for transfer of property or for a will through duress or coercion.
c. Neglect. The intentional or unintentional failure by the caregiver to obtain adequate goods or services for the elderly person’s maintenance and well-being. Examples include a caregiver who fails to buy groceries or prescription medications.
d. Physical Abuse. The intentional use of physical force that results in bodily injury, pain, or impairment. Examples of physical abuse include beating, slapping, bruising, cutting, burning, pushing or shoving, excessively restraining, force-feeding, and physical punishment.
e. Self-neglect. Behavior of an elderly person that threatens his or her own health or safety. Examples are failure to provide oneself with adequate food, clothing, shelter, medication, safety, and proper hygiene.
f. Sexual Abuse. The non-consensual sexual contact of any kind with an elderly individual. Examples include fondling of the breast or genitals, rape, coerced nudity, and sexually explicit photographing.
(4) LEAD AGENCY. The Department of Senior Services shall be designated to be the lead agency for the council.
(5) PARTICIPATING AGENCY. A department, commission, council, board, division, community service provider, or an office or other entity which may provide services to individuals at risk of elder abuse and their families.
(6) POLICIES. Directives by the lead agency, participating agencies, the executive committee, or other written documents that represent the position of the council concerning any matter within the purview of this chapter.
","history":"(Act 2012-495, p. 1448, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36962,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35906,"codeId":42759,"versionId":38049,"parentId":42756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9D-3","shortTitle":"Section 38-9D-3","catchLine":"Alabama Interagency Council for the Prevention of Elder Abuse.","title":"Section 38-9D-3 Alabama Interagency Council for the Prevention of Elder Abuse.","sectionRange":null,"content":"There is created the Alabama Interagency Council for the Prevention of Elder Abuse. The members of the council shall include, but not be limited to, the following:
(1) The chief executive officer, or his or her designee, of each of the following participating agencies and organizations:
a. The Alabama 911 Network.
b. The Administrative Office of Courts.
c. The Attorney General.
d. The Banking Department.
e. The Coalition Against Domestic Violence.
f. The Crime Victims Compensation Commission.
g. The Department of Forensic Sciences.
h. The Department of Human Resources.
i. The Department of Insurance.
j. The Department of Mental Health.
k. The Department of Public Health.
l. The Alabama State Law Enforcement Agency.
m. The Department of Senior Services.
n. The Department of Veterans Affairs.
o. The Governor’s Office of Faith Based Initiatives and Community Service.
p. The Medicaid Agency.
q. The Office of Prosecution Services.
r. The Peace Officers’ Standards and Training Commission.
s. The Probate Judges Association.
t. The Securities Commission.
u. The Sheriffs Association.
v. The State Bar Association.
w. AARP Alabama.
x. The Association of Area Agencies on Aging.
y. The Criminal Justice Information System.
z. The Nursing Home Association.
aa. The Alabama Silver-Haired Legislature.
(2) The membership of the council shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(3) The chief executive officers of state agencies serving on the council shall serve ex officio.
(4) The council shall meet at the call of the chair and the meetings shall be open to the public.
(5) No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law.
(6) The Commissioner of the Department of Senior Services shall serve as the chair of the council.
","history":"(Act 2012-495, p. 1448, §3; Act 2015-94, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36963,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35907,"codeId":42760,"versionId":35005,"parentId":42756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9D-4","shortTitle":"Section 38-9D-4","catchLine":"Powers and Duties.","title":"Section 38-9D-4 Powers and Duties.","sectionRange":null,"content":"The council shall have the following duties and authority:
(1) Define the roles and responsibilities of all participating agencies.
(2) Adopt rules for the internal operation of the council.
(3) Recommend to the Commissioner of the Department of Senior Services appointment of additional members to serve on the council as deemed necessary and appropriate.
(4) Develop a long-range plan, reviewed semi-annually, for addressing the needs of those at risk for elder abuse, which, to the extent practical, is derived from scientific based research and nationally recognized best practices. The council shall provide a copy of the plan and a detailed summary of any progress toward implementation of the plan to the Governor and the Legislature on or before the 10th legislative day of each regular session. The plan should include, but not be limited to, all of the following:
a. The elimination of barriers to identifying and reporting elder abuse such as duplicative or fragmented policies which may require modification.
b. The development of a coordinated program of services for victims of elder abuse to include the identification, intervention, prevention, and prosecution of the crime of elder abuse.
c. A comprehensive fiscal review and analysis with recommendations for state spending on programs and services for elder abuse prevention.
d. The identification of annual action steps toward implementation.
(5) Ensure interagency collaboration, public participation, and mutual sharing of information to facilitate policy decisions and the implementation of a plan for addressing the needs of those at risk for elder abuse.
","history":"(Act 2012-495, p. 1448, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36964,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35908,"codeId":42761,"versionId":35006,"parentId":42756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9D-5","shortTitle":"Section 38-9D-5","catchLine":"Role of Department of Senior Services.","title":"Section 38-9D-5 Role of Department of Senior Services.","sectionRange":null,"content":"The Department of Senior Services shall be responsible for the general administration, supervision, and monitoring of all council activities.
","history":"(Act 2012-495, p. 1448, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36965,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35909,"codeId":42762,"versionId":35007,"parentId":42756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9D-6","shortTitle":"Section 38-9D-6","catchLine":"Implementation of Chapter.","title":"Section 38-9D-6 Implementation of Chapter.","sectionRange":null,"content":"The implementation of this chapter shall be subject to the availability of appropriations to expand, intensify, and coordinate the activities of the council. The activities of the council shall include the expansion of council membership.
","history":"(Act 2012-495, p. 1448, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36966,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35910,"codeId":42763,"versionId":35008,"parentId":42756,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9D-7","shortTitle":"Section 38-9D-7","catchLine":"Sunset Provision.","title":"Section 38-9D-7 Sunset Provision.","sectionRange":null,"content":"Repealed by Act 2015-94 effective April 28, 2015.
","history":"(Act 2012-495, p. 1448, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36967,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35911,"codeId":43955,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9E","shortTitle":"Chapter 9E","catchLine":"Protecting Alabama’s Elders Act. Transferred.","title":"Chapter 9E Protecting Alabama’s Elders Act. Transferred.","sectionRange":"§38-9E-1 to §38-9E-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36968,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35912,"codeId":43956,"versionId":36139,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-1","shortTitle":"Section 38-9E-1","catchLine":"Short Title.","title":"Section 38-9E-1 Short Title.","sectionRange":null,"content":"Transferred to §13A-6-190 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36969,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35913,"codeId":43957,"versionId":36140,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-2","shortTitle":"Section 38-9E-2","catchLine":"Definitions.","title":"Section 38-9E-2 Definitions.","sectionRange":null,"content":"Transferred to §13A-6-191 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36970,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35914,"codeId":43958,"versionId":36141,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-3","shortTitle":"Section 38-9E-3","catchLine":"Elder Abuse and Neglect - First Degree.","title":"Section 38-9E-3 Elder Abuse and Neglect - First Degree.","sectionRange":null,"content":"Transferred to §13A-6-192 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36971,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35915,"codeId":43959,"versionId":36142,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-4","shortTitle":"Section 38-9E-4","catchLine":"Elder Abuse and Neglect - Second Degree.","title":"Section 38-9E-4 Elder Abuse and Neglect - Second Degree.","sectionRange":null,"content":"Transferred to §13A-6-193 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36972,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35916,"codeId":43960,"versionId":36143,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-5","shortTitle":"Section 38-9E-5","catchLine":"Elder Abuse and Neglect - Third Degree.","title":"Section 38-9E-5 Elder Abuse and Neglect - Third Degree.","sectionRange":null,"content":"Transferred to §13A-6-194 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36973,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35917,"codeId":43961,"versionId":36144,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-6","shortTitle":"Section 38-9E-6","catchLine":"Financial Exploitation of an Elderly Person - First Degree.","title":"Section 38-9E-6 Financial Exploitation of an Elderly Person - First Degree.","sectionRange":null,"content":"Transferred to §13A-6-195 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36974,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35918,"codeId":43962,"versionId":36145,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-7","shortTitle":"Section 38-9E-7","catchLine":"Financial Exploitation of an Elderly Person - Second Degree.","title":"Section 38-9E-7 Financial Exploitation of an Elderly Person - Second Degree.","sectionRange":null,"content":"Transferred to §13A-6-196 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36975,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35919,"codeId":43963,"versionId":36146,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-8","shortTitle":"Section 38-9E-8","catchLine":"Financial Exploitation of an Elderly Person - Third Degree","title":"Section 38-9E-8 Financial Exploitation of an Elderly Person - Third Degree","sectionRange":null,"content":"Transferred to §13A-6-197 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36976,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35920,"codeId":43964,"versionId":36147,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-9","shortTitle":"Section 38-9E-9","catchLine":"Financial Exploitation of an Elderly Person - Prosecution.","title":"Section 38-9E-9 Financial Exploitation of an Elderly Person - Prosecution.","sectionRange":null,"content":"Transferred to §13A-6-198 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36977,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35921,"codeId":43965,"versionId":36148,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-10","shortTitle":"Section 38-9E-10","catchLine":"Liability of Persons Reporting or Investigating Violations.","title":"Section 38-9E-10 Liability of Persons Reporting or Investigating Violations.","sectionRange":null,"content":"Transferred to §13A-6-199 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36978,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35922,"codeId":43966,"versionId":36149,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-11","shortTitle":"Section 38-9E-11","catchLine":"Remedies.","title":"Section 38-9E-11 Remedies.","sectionRange":null,"content":"Transferred to §13A-6-200 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36979,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35923,"codeId":43967,"versionId":36150,"parentId":43955,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9E-12","shortTitle":"Section 38-9E-12","catchLine":"Liability of Physicians.","title":"Section 38-9E-12 Liability of Physicians.","sectionRange":null,"content":"Transferred to §13A-6-201 by Act 2014-346, §1(1)(7) effective April 9, 2014.
","history":"(Act 2013-307, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36980,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35924,"codeId":49019,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9F","shortTitle":"Chapter 9F","catchLine":"Elder Abuse Protection Order and Enforcement Act","title":"Chapter 9F Elder Abuse Protection Order and Enforcement Act","sectionRange":"§38-9F-1 to §38-9F-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36981,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35925,"codeId":49020,"versionId":41256,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-1","shortTitle":"Section 38-9F-1","catchLine":"Short Title.","title":"Section 38-9F-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Elder Abuse Protection Order and Enforcement Act.
","history":"(Act 2017-284, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36982,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35926,"codeId":49021,"versionId":41257,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-2","shortTitle":"Section 38-9F-2","catchLine":"Construction and Application; Purposes.","title":"Section 38-9F-2 Construction and Application; Purposes.","sectionRange":null,"content":"This chapter shall be liberally construed and applied to promote all of the following purposes:
(1) To maximize protection of victims of elder abuse.
(2) To create a flexible and expeditious method of obtaining a protection order against an individual who has committed elder abuse.
(3) To expand the ability of law enforcement officers to assist victims, to enforce the law effectively in cases of elder abuse, and to prevent further incidents of abuse.
","history":"(Act 2017-284, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36983,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35927,"codeId":49022,"versionId":41258,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-3","shortTitle":"Section 38-9F-3","catchLine":"Definitions.","title":"Section 38-9F-3 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following terms shall have the following meanings:
(1) CAREGIVER. The term as defined in Section 13A-6-191.
(2) ELDER ABUSE. The commission of any of the following acts or the intent to commit any of the following acts against an elderly person:
a. Abuse, as defined in Section 38-9-2.
b. Arson, as defined in Sections 13A-7-40 to 13A-7-43, inclusive.
c. Assault, as defined in Sections 13A-6-20 to 13A-6-22, inclusive.
d. Criminal coercion, as defined in Section 13A-6-25.
e. Criminal trespass as defined in Sections 13A-7-2 to 13A-7-4.1, inclusive.
f. Emotional abuse, as defined in Section 13A-6-191.
g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171.
h. Harassment, as defined in Section 13A-11-8.
i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.
j. Menacing, as defined in Section 13A-6-23.
k. Reckless endangerment, as defined in Section 13A-6-24.
l. Sexual abuse, as defined as any of the acts in Sections 13A-6-60 to 13A-6-68.
m. Stalking, as defined in Sections 13A-6-90 to 13A-6-91.1, inclusive.
n. Theft, as defined in Sections 13A-8-2 to 13A-8-5, inclusive.
o. Unlawful imprisonment, as defined in Sections 13A-6-41 and 13A-6-42.
(3) ELDER ABUSE PROTECTION ORDER or PROTECTION ORDER. An order issued pursuant to this chapter including all of the following:
a. A restraining order, injunctive order, or order of release from custody issued by a circuit, district, municipal, or probate court that seeks to protect an elderly person.
b. An order issued by a circuit, district, or municipal court that places conditions on the pre-trial release of a defendant in a criminal case, which may include provisions of bail pursuant to Section 15-13-190 that seeks to protect an elderly person.
(4) ELDERLY PERSON. A person 60 years of age or older.
(5) PLAINTIFF. An elderly person in need of protection from elder abuse.
(6) THREAT. Any word or action, expressed or implied, made to cause a plaintiff to fear for his or her safety or for the safety of another person.
(7) VIOLATION. The knowing commission of any act or conduct prohibited by an elder abuse protection order or any willful failure to abide by its terms.
","history":"(Act 2017-284, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36984,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35928,"codeId":49023,"versionId":47727,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-4","shortTitle":"Section 38-9F-4","catchLine":"Issuance of Elder Abuse Protection Orders.","title":"Section 38-9F-4 Issuance of Elder Abuse Protection Orders.","sectionRange":null,"content":"(a) The following courts shall have jurisdiction to issue elder abuse protection orders under this chapter:
(1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1.
(3) A district court judge designated by a written standing order from the presiding circuit court judge.
(4) A judge of probate designated by a written standing order from the presiding circuit court judge, where the judge of probate is a member in good standing with the Alabama State Bar.
(b) An elder abuse protection order may be requested in any pending civil or domestic relations action, as an independent civil action, or in connection with the preliminary, final, or post-judgment relief in a civil action.
(c) A petition for an elder abuse protection order may be filed in any of the following locations:
(1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred.
(d) There is no minimum period of residence for the plaintiff in the State of Alabama or in the county in which a case is filed.
(e) An elder abuse protection order shall be a status order that is specifically designed to protect the elderly person, and in personam jurisdiction over the defendant shall not be required in order to issue an ex parte or final order under this chapter.
","history":"(Act 2017-284, §4; Act 2022-123, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36985,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35929,"codeId":49024,"versionId":41260,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-5","shortTitle":"Section 38-9F-5","catchLine":"Relief; Remedies; Full Faith and Credit.","title":"Section 38-9F-5 Relief; Remedies; Full Faith and Credit.","sectionRange":null,"content":"(a) The plaintiff’s right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse.
(b) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other judicial protection actions that may be initiated by the victim in any other forum.
(c) Any elder abuse protection order issued in this state shall be effective and enforceable in every county and jurisdiction in this state.
(d) An order issued by a court of another state, tribal nation, or territory that provides the relief or protection similar to an elder abuse protection order under this chapter shall be accorded full faith and credit and enforced as if it were an order of this state.
","history":"(Act 2017-284, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36986,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35930,"codeId":49025,"versionId":45739,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-6","shortTitle":"Section 38-9F-6","catchLine":"Sworn Petition for Relief on Behalf of Elderly Person.","title":"Section 38-9F-6 Sworn Petition for Relief on Behalf of Elderly Person.","sectionRange":null,"content":"(a)(1) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff:
a. A court appointed guardian. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s guardian.
b. A court appointed conservator. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s conservator.
c. A temporary guardian appointed pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing the petitioner as the plaintiff’s temporary guardian.
d. An agent, co-agent, or successor agent appointed under the plaintiff’s validly executed power of attorney who acts within the authority of the power of attorney. The petition shall include a copy of the power of attorney.
e. A health care proxy appointed under the plaintiff’s validly executed advance directive for health care, or similar document, who acts within the authority of the designation. The petition shall include a copy of the advance directive for health care or similar document.
f. An interested person who has the authority to petition for protective placement or other protective services under Section 38-9-6.
(2) A plaintiff possessing the physical or mental capacity to seek protection for himself or herself may either represent himself or herself or may choose to hire legal counsel for representation in all matters arising pursuant to this chapter.
(b) A sworn petition shall allege the incidents of abuse and the specific facts and circumstances that form the basis upon which relief is sought.
(c) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit court clerk’s offices throughout the state. A circuit court clerk and his or her staff shall not provide assistance to individuals in completing the forms or in presenting the petitioner’s case to the court.
(d) The elderly person for whom the petition is filed must be served with the petition pursuant to the Alabama Rules of Civil Procedure.
(e)(1) The following information shall be redacted from any court document filed on or after June 1, 2021, by the filer:
a. The plaintiff’s home address and, if applicable, business address.
b. The plaintiff’s home phone number, cellular number, and business phone number.
c. Any home address, business address, home telephone number, cellular number, or business phone number of any member of the plaintiff’s family or household.
d. Any address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1.
(2) If disclosure of an address otherwise required to be redacted pursuant to this subsection is necessary to determine jurisdiction or to consider an issue of venue, the disclosure shall only be made orally, in the private chambers of the judge assigned to the case, with no members of the public present.
(3) In the event the plaintiff or his or her representative does not disclose an address or telephone number for the plaintiff to the court, disclosure of either of the following shall be made to the court:
a. An alternative address.
b. The business address and business telephone number of the plaintiff’s attorney of record.
(f) The court may not assess court costs or other fees for the filing or service of a petition or the issuance of a witness subpoena under this chapter against a petitioner or plaintiff. Costs and fees may be assessed against the defendant at the discretion of the court.
","history":"(Act 2017-284, §6; Act 2021-77, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36987,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35931,"codeId":49026,"versionId":41261,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-7","shortTitle":"Section 38-9F-7","catchLine":"Hearing; Temporary Ex Parte Protection Orders.","title":"Section 38-9F-7 Hearing; Temporary Ex Parte Protection Orders.","sectionRange":null,"content":"(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defendant has not been served, a final hearing may be continued to allow for service to be perfected.
(b) The court may enter such temporary ex parte protection orders as it deems necessary to protect the plaintiff from abuse. The court shall grant or deny a petition for a temporary ex parte protection order filed under this chapter within three business days of the filing of the petition. Any granted temporary ex parte protection order shall be effective until the final hearing date.
(c) If a final hearing under subsection (a) is continued, the court may make or extend temporary ex parte protection orders under subsection (b) as it deems reasonably necessary.
","history":"(Act 2017-284, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36988,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35932,"codeId":49027,"versionId":41262,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-8","shortTitle":"Section 38-9F-8","catchLine":"Ex Parte Relief.","title":"Section 38-9F-8 Ex Parte Relief.","sectionRange":null,"content":"(a) If it appears from a petition for an elder abuse protection order or a petition to modify an elder abuse protection order that elder abuse has occurred or a modification is warranted, the court may do either of the following:
(1) Without notice or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte elder abuse protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an elder abuse protection order after a hearing whether or not the defendant appears.
(b) Based upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of the following ex parte forms of relief without prior notice to the defendant or a hearing:
(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against the plaintiff and any other individual designated by the court.
(2) Restrain and enjoin the defendant from harassing, stalking, annoying, telephoning, contacting, or otherwise communicating, either directly or indirectly, with the plaintiff or threatening or engaging in conduct that would place the plaintiff or any other individual designated by the court in reasonable fear of bodily injury.
(3) Order the defendant to stay away from the plaintiff’s residence, place of employment, or any specified place frequented by the plaintiff that the defendant has no legitimate reason to frequent.
(4) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.
(5) Order possession and use of an automobile or other essential personal effects, regardless of ownership, and direct the appropriate law enforcement officer to accompany the plaintiff to the residence of the plaintiff or other specified locations as necessary to protect the plaintiff from abuse.
(6) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties or in which the plaintiff had an ownership interest within the last 12 months.
(7) Prohibit the defendant from transferring the funds, benefits, property, resources, belongings, or assets of the plaintiff to any person other than the plaintiff.
(8) Direct the defendant to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the plaintiff.
(9) Require the defendant to provide an accounting of the disposition of the plaintiff’s income and other resources, and of the plaintiff’s debts and expenses.
(10) Restrain the defendant from exercising any powers the defendant has been granted as the plaintiff’s agent under power of attorney.
(11) Require the defendant to comply with the instructions of the plaintiff’s guardian, conservator, or agent under power of attorney.
(12) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff and any individual designated by the court.
(c) The court may grant one or more of the following forms of relief in a final order after notice and hearing:
(1) Grant the relief available in subsection (b).
(2) Require the defendant to return custody or control of the funds, benefits, property, resources, belongings, or assets to the plaintiff.
(3) Order restitution.
(4) Prohibit the defendant from possessing a firearm or other weapon specified by the court, except when the weapon is necessary for employment as a law enforcement officer or military personnel.
(5) Order the defendant to pay attorneys’ fees and court costs.
(d) Any temporary ex parte protection order issued pursuant to this chapter shall remain in effect until the final order is entered.
(e) Any final elder abuse protection order shall be of permanent duration unless otherwise specified by the court.
(f) An elder abuse protection order may not affect in any manner title to real property.
","history":"(Act 2017-284, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36989,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35933,"codeId":49028,"versionId":41263,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-9","shortTitle":"Section 38-9F-9","catchLine":"Parties to Be Issued Copies of Elder Abuse Protection Order; Form of Orders.","title":"Section 38-9F-9 Parties to Be Issued Copies of Elder Abuse Protection Order; Form of Orders.","sectionRange":null,"content":"(a) A copy of an elder abuse protection order shall be issued to the plaintiff, the defendant, and the law enforcement officials with jurisdiction to enforce the protection order.
(b) If the defendant is appointed as the plaintiff’s guardian or conservator, a copy of any protection order shall be issued to the court that made the appointment.
(c) Ex parte and final elder abuse protection orders shall be in a format as provided by the Administrative Office of Courts. If a court wishes to provide additional information in these standardized court orders, the court may attach additional pages containing this additional information.
","history":"(Act 2017-284, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36990,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35934,"codeId":49029,"versionId":41264,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-10","shortTitle":"Section 38-9F-10","catchLine":"Violations.","title":"Section 38-9F-10 Violations.","sectionRange":null,"content":"(a) A violation of an elder abuse protection order is a Class A misdemeanor, which shall be punishable as provided in law.
(b) A second conviction for a violation of an elder abuse protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 days imprisonment, which may not be suspended. A third or subsequent conviction, in addition to any other penalties or fines, shall be punishable by a minimum sentence of 120 days imprisonment, which may not be suspended.
","history":"(Act 2017-284, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36991,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35935,"codeId":49030,"versionId":41265,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-11","shortTitle":"Section 38-9F-11","catchLine":"Enforcement.","title":"Section 38-9F-11 Enforcement.","sectionRange":null,"content":"A law enforcement officer may arrest any person for a violation of this chapter if the officer has probable cause to believe that the person has violated any provision of a valid elder abuse protection order, whether temporary or permanent. The presentation of an elder abuse protection order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this chapter, the elder abuse protection order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the elder abuse protection order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If an elder abuse protection order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is probable cause to believe that a valid protection order exists. The law enforcement officer may arrest the defendant without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, an elder abuse protection order shall constitute prima facie evidence of the validity of the order. If a law enforcement officer determines that an otherwise valid elder abuse protection order cannot be enforced because the defendant has not been notified or served with the protection order, the law enforcement officer shall inform the defendant of the order and allow the person a reasonable opportunity to comply with the order’s provisions before enforcing the order. In the event the law enforcement officer provides notice of the elder abuse protection order to the defendant, the officer shall document this fact in the written report.
","history":"(Act 2017-284, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36992,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35936,"codeId":49031,"versionId":41266,"parentId":49019,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9F-12","shortTitle":"Section 38-9F-12","catchLine":"Construction of Chapter.","title":"Section 38-9F-12 Construction of Chapter.","sectionRange":null,"content":"Nothing in this chapter shall be construed to limit the enforcement of any other laws or rules that protect vulnerable adults or limit the jurisdiction of or action by any regulatory or law enforcement agency.
","history":"(Act 2017-284, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36993,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35937,"codeId":55099,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9G","shortTitle":"Chapter 9G","catchLine":"Alabama Elder and Adult in Need of Protective Services Abuse Registry.","title":"Chapter 9G Alabama Elder and Adult in Need of Protective Services Abuse Registry.","sectionRange":"§38-9G-1 to §38-9G-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":36994,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35938,"codeId":55100,"versionId":48146,"parentId":55099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9G-1","shortTitle":"Section 38-9G-1","catchLine":"Short Title; Definitions.","title":"Section 38-9G-1 Short Title; Definitions.","sectionRange":null,"content":"(a) This chapter shall be known and may be cited as “Shirley’s Law.”
(b) For the purposes of this chapter, the following terms have the following meanings:
(1) ABUSE. The same meaning as in Section 38-9-2.
(2) ADULT IN NEED OF PROTECTIVE SERVICES. The same meaning as in Section 38-9-2.
(3) ELDER ABUSE. The same meaning as in Section 38-9F-3.
(4) ELDERLY PERSON. An individual 60 years of age or older.
(5) EMOTIONAL ABUSE. The intentional or reckless infliction of emotional or mental anguish, or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person or adult in need of protective services.
(6) EMPLOYEE. An individual who is either:
a. Hired directly or through a contract by a service provider who has duties that involve, or may involve, one-on-one contact with a patient, resident, or client.
b. A volunteer who has duties that involve, or may involve, one-on-one contact with a patient, resident, or client.
(7) EXPLOITATION. The same meaning as in Section 38-9-2.
(8) FINANCIAL EXPLOITATION. Any of the following:
a. The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elderly person or an adult in need of protective services.
b. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person’s money, assets, or property or the money, assets, or property of an adult in need of protective services with the intent to deprive that individual of his or her money, assets, or property.
c. The breach of a fiduciary duty to an elderly person or an adult in need of protective services under a power of attorney or through a conservatorship or guardianship which results in an unauthorized appropriation, sale, or transfer of the individual’s money, assets, or property.
(9) INTIMIDATION. A threat of physical or emotional harm to an elderly person or an adult in need of protective services, or the communication to an elderly person or adult in need of protective services that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.
(10) NEGLECT. The same meaning as in Section 38-9-2.
(11) SERVICE PROVIDER. Any of the following:
a. Assisted living communities or centers.
b. Specialty care assisted living communities or centers.
c. Home health agencies.
d. Hospice programs or residential hospice facilities.
e. Hospitals.
f. Long-term care facilities.
g. Skilled nursing facilities.
h. Rehabilitation facilities.
i. Group homes, other residential facilities, and community-based services serving adults in need of protective services, as designated by rules adopted by the Department of Human Resources, the Department of Mental Health, and the Alabama Department of Public Health.
j. Foster homes that serve elderly persons or adults in need of protective services.
(12) SEXUAL ABUSE. The same meaning as in Section 38-9-2.
(13) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another individual to the extent that an elderly person or adult in need of protective services is prevented from exercising free judgment and choice.
","history":"(Act 2022-161, §§1, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36995,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35939,"codeId":55101,"versionId":48147,"parentId":55099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9G-2","shortTitle":"Section 38-9G-2","catchLine":"Registry Requirements; Confidentiality and Use of Reports and Records.","title":"Section 38-9G-2 Registry Requirements; Confidentiality and Use of Reports and Records.","sectionRange":null,"content":"(a) The Department of Human Resources shall establish and maintain a registry, to be known as the Alabama Elder and Adult in Need of Protective Services Abuse Registry, containing the names of any individual for whom any of the following are true:
(1) The individual has been convicted of the crime of elder abuse and neglect in the first degree pursuant to Section 13A-6-192.
(2) The individual has been convicted of the crime of elder abuse and neglect in the second degree pursuant to Section 13A-6-193.
(3) The individual has been convicted of the crime of elder abuse and neglect in the third degree pursuant to Section 13A-6-194.
(4) The individual has been convicted of the crime of financial exploitation of an elderly person in the first degree pursuant to Section 13A-6-195.
(5) The individual has been convicted of the crime of financial exploitation of an elderly person in the second degree pursuant to Section 13A-6-196.
(6) The individual has been convicted of the crime of financial exploitation of an elderly person in the third degree pursuant to Section 13A-6-197.
(7) The individual has been convicted of any act of elder abuse as defined in Section 38-9F-3.
(8) An elder abuse protection order has been issued against the individual pursuant to Section 38-9F-4.
(9) A protection from abuse order has been issued against the individual pursuant to Chapter 5 of Title 30 for the protection of an elderly person or an adult in need of protective services.
(10) The individual has been convicted of any act of abuse, neglect, or exploitation as described in Section 38-9-7.
(11) The individual has been found by the Department of Human Resources to have committed an act of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services.
(b) The Department of Human Resources shall establish and enforce reasonable rules governing the custody, use, and preservation of the reports and records of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services. These reports and records and related information or testimony shall be confidential, and shall not be used or disclosed for any purpose other than the following:
(1) For purposes of employment required by Section 38-9G-5.
(2) For investigation by a law enforcement agency.
(3) For use by a grand jury upon its determination that access to the reports and records is necessary in the conduct of its official business.
(4) For use by a court that finds the information is necessary for the determination of an issue before the court.
(5) For use by any guardian ad litem, guardian, or conservator authorized by a court to act as a representative for an elderly person or adult in need of protective services who is the subject of a report.
(6) For use by a physician who has before him or her an elderly person or an adult in need of protective services whom the physician reasonably suspects may be abused or neglected.
(7) For use by federal, state, or local governmental entities, social service agencies of another state, or any agent of these entities, having a need for the information in order to carry out their responsibilities under law to protect individuals from abuse and neglect.
(8) For public disclosure of the findings or information about the case of abuse or neglect that has resulted in a fatality. Information identifying by name persons other than the victim shall not be disclosed.
","history":"(Act 2022-161, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36996,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35940,"codeId":55102,"versionId":48148,"parentId":55099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9G-3","shortTitle":"Section 38-9G-3","catchLine":"Notification Upon Criminal Conviction, Protection Order, or Investigations.","title":"Section 38-9G-3 Notification Upon Criminal Conviction, Protection Order, or Investigations.","sectionRange":null,"content":"(a) The Administrative Office of Courts shall notify the Department of Human Resources of the criminal conviction or protection order concerning an individual under any of the following circumstances:
(1) An individual is found guilty of a crime perpetrated against an elderly person or an adult in need of protective services as described in Section 38-9G-2.
(2) The court issues an elder abuse protection order against an individual pursuant to Section 38-9F-4.
(3) The court issues a protection from abuse order against an individual pursuant to Chapter 5 of Title 30 for the protection of an elderly person or an adult in need of protective services.
(b)(1) Any agency responsible for investigating reports of abuse, neglect, exploitation, sexual abuse, or emotional abuse under Section 38-9-8, shall notify the Department of Human Resources of the outcome of the investigation if the report is determined to have been true or founded.
(2) In addition to documentation required by the department pursuant to subdivision (1), notification shall include the individual’s last known mailing address and any other information that the agency determines is necessary to adequately identify the individual when inquiry to the Alabama Elder and Adult in Need of Protective Services Abuse Registry is made.
(c) The department shall adopt rules for the implementation of this chapter. The rules shall include provisions requiring the submission of documentation for the purposes of notifying the department of a criminal conviction, protection order, or report pursuant to subsections (a) and (b).
","history":"(Act 2022-161, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36997,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35941,"codeId":55103,"versionId":48149,"parentId":55099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9G-4","shortTitle":"Section 38-9G-4","catchLine":"Information to Be Entered into Registry; Rules for Due Process.","title":"Section 38-9G-4 Information to Be Entered into Registry; Rules for Due Process.","sectionRange":null,"content":"(a) Upon receiving the notification described in Section 38-9G-3, the Department of Human Resources, in addition to entering the individual’s name and address on the Alabama Elder and Adult in Need of Protective Services Abuse Registry, shall enter information pertaining to the offense or offenses for which the individual was convicted. If an elder abuse protection order against the individual has been issued, or if a protection from abuse order against the individual has been issued for the protection of an elderly person or an adult in need of protective services, the department shall enter information pertaining to why the order was issued and the age of the victim.
(b) If the individual whose information is entered on the registry was not convicted of a crime but was found by the department to have otherwise committed acts of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services, the department, in addition to entering the individual’s name and address on the registry, shall also enter information pertaining to the offense or offenses the individual was found by the department to have committed.
(c) The individual’s information, once entered on the registry, shall remain on the registry even if the individual fulfills the obligations of any criminal sentencing against that individual, except as provided in subsection (d).
(d) The Department of Human Resources shall, and the Department of Mental Health and the Alabama Department of Public Health may, adopt rules requiring due process that includes notice by certified mail or by personal service for individuals found to have committed acts of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services. The Department of Human Resources, by rule, shall provide a process by which the individual’s name and information may be removed from the Alabama Elder and Adult in Need of Protective Services Abuse Registry, and shall implement its rules providing for this process no later than January 1, 2023.
","history":"(Act 2022-161, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36998,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35942,"codeId":55104,"versionId":48150,"parentId":55099,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-9G-5","shortTitle":"Section 38-9G-5","catchLine":"Inquiries by Service Providers Regarding Employees or Prospective Employees.","title":"Section 38-9G-5 Inquiries by Service Providers Regarding Employees or Prospective Employees.","sectionRange":null,"content":"A service provider shall query the Alabama Elder and Adult in Need of Protective Services Abuse Registry with regard to an individual who is an employee or prospective employee of the provider to confirm whether any of the following are true:
(1) The individual has been convicted of a crime described in Section 38-9G-2.
(2) An elder abuse protection order against the individual has been issued pursuant to Section 38-9F-4.
(3) A protection from abuse order has been issued against the individual pursuant to Chapter 5 of Title 30, for the protection of an elderly person or an adult in need of protective services.
(4) The Department of Human Resources has made a finding that the individual has committed an act of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services.
","history":"(Act 2022-161, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":36999,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35943,"codeId":7195,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"10","shortTitle":"Chapter 10","catchLine":"Child Support Programs.","title":"Chapter 10 Child Support Programs.","sectionRange":"§38-10-1 to §38-10-53","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37000,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35944,"codeId":7198,"versionId":null,"parentId":7195,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§38-10-1 to §38-10-12","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37001,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35945,"codeId":7200,"versionId":5688,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-1","shortTitle":"Section 38-10-1","catchLine":"Short Title.","title":"Section 38-10-1 Short Title.","sectionRange":null,"content":"This article shall be known and may be cited as the “Child Support Act of 1979.”
","history":"(Acts 1979, No. 79-819, p. 1528, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37002,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35946,"codeId":7204,"versionId":5691,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-2","shortTitle":"Section 38-10-2","catchLine":"Definitions.","title":"Section 38-10-2 Definitions.","sectionRange":null,"content":"(a) As used in this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county departments of human resources.
(2) CHILD. A child as described or defined by the Social Security Act and amendments thereto and by state law.
(3) SUPPORT. Support of a minor child and spousal support when such spousal support is incidental to child support as required by Title IV-D of the Social Security Act.
(4) SUPPORT PROGRAMS. Locating absent parents, establishing paternity, establishing or modifying support orders, enforcing support orders, collecting support and related matters as described or defined by the Social Security Act and amendments thereto and by state law.
(5) ADC, AFDC, AID TO DEPENDENT CHILDREN, and AID TO FAMILIES WITH DEPENDENT CHILDREN. Such terms shall have the same meaning and shall refer to the same public assistance program and may be used interchangeably to refer to the same program.
(6) AID. Such term, standing alone, shall mean the same as ADC or aid to dependent children or AFDC or aid to families with dependent children.
(7) COLLECTION AGENT. The prosecuting attorney, court clerk, court register, the Department of Human Resources, mobile accounts department or any other entity collecting Title IV-D support for the department.
(8) TITLE IV-D. Title IV-D of the Social Security Act including any amendments thereto.
(b) For the purposes of this article a prosecuting or district attorney is hereby defined as a legal entity of each county included in the judicial circuit in which he holds office.
","history":"(Acts 1979, No. 79-819, p. 1528, §3; Acts 1986, Ex. Sess., No. 86-709, p. 120, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37003,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35947,"codeId":7211,"versionId":5697,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-3","shortTitle":"Section 38-10-3","catchLine":"Authorization of Operation of Child Support Programs by Department of Human Resources Generally; Designation of the Department as the Agency to Administer Income Withholding.","title":"Section 38-10-3 Authorization of Operation of Child Support Programs by Department of Human Resources Generally; Designation of the Department as the Agency to Administer Income Withholding.","sectionRange":null,"content":"(a) The Department of Human Resources of the State of Alabama shall operate child support programs as may be required under the provisions of Title IV-D, including, but not limited to, locating absent parents, establishing paternity, establishing or modifying support orders, enforcing support obligations and related matters, as described or defined by the Social Security Act and amendments thereto.
(b) As a part of the operation of the support programs established under subsection (a) hereof the Department of Human Resources of the State of Alabama shall administer income withholding in accordance with procedures which it shall establish for keeping adequate records to document, track, and monitor support payments collected pursuant to Title IV-D of the Social Security Act.
The department may designate and/or contract with public or private entities to administer income withholding on a state or local basis under the supervision of the department provided such entities are publicly accountable and follow the procedures established by the department for keeping adequate records. The department may designate and/or contract with only one entity to administer income withholding in each county of the state.
","history":"(Acts 1979, No. 79-819, p. 1528, §2; Acts 1986, Ex. Sess., No. 86-709, p. 120, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37004,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35948,"codeId":7216,"versionId":5702,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-4","shortTitle":"Section 38-10-4","catchLine":"Acceptance of Aid for or on Behalf of Dependent or Needy Child Deemed Assignment of Right to Support to Department Generally; Subrogation of Right to Child Support Payments.","title":"Section 38-10-4 Acceptance of Aid for or on Behalf of Dependent or Needy Child Deemed Assignment of Right to Support to Department Generally; Subrogation of Right to Child Support Payments.","sectionRange":null,"content":"As a condition of eligibility for aid, each recipient of aid to families with dependent children shall be deemed, by accepting aid, to have made an assignment to the department of the right to any support owed up to the amount of aid paid by the department to the recipient in her own behalf or in behalf of any other person for whom the recipient is receiving aid.
The department shall be subrogated to the right of such child or recipients or the person having custody to collect and receive all child support payments and to initiate any support action existing now or in the future under the laws of Alabama.
","history":"(Acts 1979, No. 79-819, p. 1528, §4; Acts 1986, Ex. Sess., No. 86-709, p. 120, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37005,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35949,"codeId":7222,"versionId":5707,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-5","shortTitle":"Section 38-10-5","catchLine":"Form and Effect of Assignment of Child Support Payments to Department.","title":"Section 38-10-5 Form and Effect of Assignment of Child Support Payments to Department.","sectionRange":null,"content":"Notwithstanding any other provisions of this article, as a condition of eligibility for aid, each recipient of aid to families with dependent children shall have assigned to the department by operation of law any rights to support from any other person which such recipient may have in his own behalf or in behalf of any other family member for whom the recipient is receiving aid, which accrued at the time such assignment is executed, which continue to accrue until said recipient family ceases to receive aid and which may have effect as provided by the Social Security Act and amendments thereto. Such assignment to the department of the rights to any support owed up to the amount of aid paid by the department to the recipient shall conform with the requirements of the Social Security Act and amendments thereto. Such assignment shall make the department assignee of and to the right of such child or recipient or the person having custody to collect and receive all support payments and to initiate any support action existing now or in the future under the laws of Alabama and for the purpose of conforming and complying with the provisions of the Social Security Act and amendments thereto. An assignment made in accordance with the provisions of this article by a parent or other person of any age shall be binding as if such parent or other person were over the age of 19 years.
","history":"(Acts 1979, No. 79-819, p. 1528, §5; Acts 1986, Ex. Sess., No. 86-709, p. 120, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37006,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35950,"codeId":7227,"versionId":5711,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-6","shortTitle":"Section 38-10-6","catchLine":"Effect of Payment of Aid to or on Behalf of Dependent or Needy Child by Department.","title":"Section 38-10-6 Effect of Payment of Aid to or on Behalf of Dependent or Needy Child by Department.","sectionRange":null,"content":"The payment of aid creates a debt due and owing to the department by the parent or parents; provided, however, that in cases in which a court has ordered support incident to a divorce decree or any other order for child support, the debt shall be limited to the amount specified in such court decree or court order. The liability for said debt to the department shall then apply only with respect to the support payments owed for the period of time during which aid is granted and shall conform and comply with such court decree or court order and shall be handled by the department in such a manner as to conform and comply with requirements of the Social Security Act and amendments thereto.
","history":"(Acts 1979, No. 79-819, p. 1528, §6; Acts 1986, Ex. Sess., No. 86-709, p. 120, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37007,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35951,"codeId":7231,"versionId":34520,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-7","shortTitle":"Section 38-10-7","catchLine":"Institution of Actions for Enforcement of Child Support Obligations, Etc.","title":"Section 38-10-7 Institution of Actions for Enforcement of Child Support Obligations, Etc.","sectionRange":null,"content":"(a) Whenever anyone owing the obligation of support has failed to provide support, and application is made to the department for support services as may be provided pursuant to the requirements of Title IV-D or for aid, the department, and including the district attorney when providing services for the department, may take appropriate action under this article, or any other appropriate state and federal statutes, to assure that the responsible person or persons owing the obligation of support provide support, including, but not limited to, civil or criminal actions to determine parentage or to establish, modify, or enforce support obligations. All actions to determine parentage or to establish, modify, or enforce support obligations may be brought in either the juvenile court or district court or the circuit court or appropriate federal court, and all presently existing statutes are hereby amended to provide that the juvenile courts and district courts and the circuit courts shall have the concurrent jurisdiction of actions involving parentage, desertion, nonsupport, or support.
(b) The court making the determination of parentage, or establishing, modifying, or enforcing support, unless otherwise provided by law, shall retain jurisdiction to enforce or modify prior orders of the court.
","history":"Acts 1979, No. 79-819, p. 1528, §7; Acts 1986, Ex. Sess., No. 86-709, p. 120, §6; Act 2012-383, p. 1011, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37008,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35952,"codeId":7237,"versionId":5718,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-7.1","shortTitle":"Section 38-10-7.1","catchLine":"Scope of Representation of District Attorney or Appointed Attorney in Support Enforcement Action.","title":"Section 38-10-7.1 Scope of Representation of District Attorney or Appointed Attorney in Support Enforcement Action.","sectionRange":null,"content":"Any district attorney or attorney approved or appointed by the Attorney General initiating legal proceedings at the request of the Department of Human Resources to establish or enforce child support, spousal support, medical support, and/or any other support services pursuant to the provisions of Title IV-D of the Social Security Act and the laws of this state shall represent the State of Alabama, Department of Human Resources, exclusively in said proceedings. No attorney-client relationship shall exist between the IV-D attorney and any applicant or recipient of the agency’s support enforcement services, without regard to the style of the case in which legal proceedings are initiated. Said attorney representing the state in an IV-D case is only authorized to appear and prosecute and/or defend issues of support and cannot in an IV-D case address or provide representation to the IV-D client on any other or ancillary issues raised or presented in that action. The provisions of this section shall apply to any attorney authorized to represent the State of Alabama and providing support enforcement services to the Department of Human Resources, and shall be applicable in any action brought by the department pursuant to Title IV-D of the Social Security Act and the laws of this state. The Department of Human Resources shall advise all applicants or recipients of the agency’s support enforcement services that no attorney-client relationship exist between the IV-D attorney and the applicant or recipient and shall have executed a written statement signed by the recipient to that effect.
","history":"(Acts 1994, 1st Ex. Sess., No. 94-800, p. 105, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37009,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35953,"codeId":7243,"versionId":5723,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-8","shortTitle":"Section 38-10-8","catchLine":"Disposition of Child Support Payments Collected Pursuant to Judicial Actions.","title":"Section 38-10-8 Disposition of Child Support Payments Collected Pursuant to Judicial Actions.","sectionRange":null,"content":"Support collections, in cases in which an assignment has been made to the department and after the support payment has been made to the appropriate collection agent pursuant to this article, shall be paid directly to the state department and distribution shall be made by the state department in accordance with the provisions of the Social Security Act and amendments thereto. Support collections in cases where there is not an assignment to the department but services are otherwise being provided pursuant to the requirements of Title IV-D shall be accounted for and distributed by the state department in accordance with rules published and provided by the department. When an obligor is subject to more than one support order being enforced by the department and the amount received from the obligor for distribution is not sufficient to satisfy the total amount due under all of the orders, distribution of current support shall have priority over any past due support. Where two or more orders for current support against an obligor are being enforced by the department and the amount received from the obligor is not sufficient to satisfy all current support due, the state department shall allocate a pro rata share of the total amount received to each family for whom support is being enforced by the department. When two or more support orders are being enforced against an obligor by the department, more than one of which has an accumulated arrearage, and the total amount collected is in excess of the amount sufficient to satisfy current support due under all of the orders, but is insufficient to satisfy all arrearages due, the department shall allocate a pro rata share of the amount collected, over and above the amount needed to satisfy the current support, to each family for whom support is being enforced and to whom an arrearage is owed. Distribution shall be made based upon the percentage of the total amount required to satisfy all of the respective support orders multiplied by the total amount available for distribution. The State Treasurer shall deposit collections of support received by the state department into a separate interest-bearing account. The State Treasurer shall at the end of each quarter credit any and all interest accruing on the interest-bearing account to the Public Welfare Trust Fund. The interest shall be used for general welfare purposes and is appropriated for those purposes.
","history":"(Acts 1979, No. 79-819, p. 1528, §8; Acts 1986, Ex. Sess., No. 86-709, p. 120, §7; Acts 1989, No. 89-859, p. 1712, §1; Acts 1995, No. 95-526, p. 1062, §1; Acts 1997, No. 97-229, p. 381, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37010,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35954,"codeId":7252,"versionId":5729,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-9","shortTitle":"Section 38-10-9","catchLine":"Investigations by Department as to Location of Parents and Ability of Parents to Furnish Child Support; Authority to Notify Parent of Support Duty; Falsification of Report as to Parent’s Income, Etc.; Citation to Require In-Court Testimony; Employer’s Duty to Provide Certain Information.","title":"Section 38-10-9 Investigations by Department as to Location of Parents and Ability of Parents to Furnish Child Support; Authority to Notify Parent of Support Duty; Falsification of Report as to Parent’s Income, Etc.; Citation to Require In-Court Testimony; Employer’s Duty to Provide Certain Information.","sectionRange":null,"content":"(a) The department is authorized and empowered to conduct investigations to determine the location of parents and putative parents alleged or known to owe child support.
(b) The department is authorized and empowered to conduct investigations to determine the location, income, and assets including real or personal property or income producing property of parents alleged or known to have a child support obligation.
(c) The department is authorized and empowered to notify a parent of his legal duty to provide support and to require information concerning his financial status in order to determine whether or not he is financially able to provide support.
(d) Such notice may inform the parent that he may be liable for reimbursement of any support furnished as public assistance or aid prior to determination of his financial circumstances, as well as future and past support payments due and not paid by him.
(e) Any person who knowingly falsifies such parent’s report of his income and resources and other matters bearing on his ability to provide support shall upon conviction be punished as for false swearing or perjury.
(f) If any parent shall refuse to provide the department with information as provide herein, or provides incomplete or false information, the department shall be authorized to petition the appropriate district or circuit court of this state requesting that the court issue a citation to the parent requiring said parent to appear before the court and submit to an oral examination, under oath, touching on the amount of his income and the nature, location, description and value of his assets. Should the parent, after being served with said citation, fail to appear before the court on the date and time stated in the court’s citation, then the parent shall be subject to the contempt authority of the court.
(g) For purposes provided herein, private employers shall upon written request by the department, provide the department with the name, social security account number, address, date of birth, wages, unemployment and workers’ compensation status, availability and coverage for medical insurance (including insurance coverage on dependents) and numbers of dependents listed for tax purposes, of any parent or putative parent.
","history":"(Acts 1979, No. 79-819, p. 1528, §9; Acts 1986, Ex. Sess., No. 86-709, p. 120, §8; Acts 1991, No. 91-660, p. 1263, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37011,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35955,"codeId":7257,"versionId":5732,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-10","shortTitle":"Section 38-10-10","catchLine":"Right of Action of Persons Owed Duty of Support.","title":"Section 38-10-10 Right of Action of Persons Owed Duty of Support.","sectionRange":null,"content":"In addition to the existing causes of action there is hereby created, on behalf of any person who is owed a duty of support, a civil cause of action which may be enforced in the district court, the circuit court or any court having nonsupport jurisdiction or jurisdiction over the custody of children.
","history":"(Acts 1979, No. 79-819, p. 1528, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37012,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35956,"codeId":7261,"versionId":5737,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-11","shortTitle":"Section 38-10-11","catchLine":"Construction of Provisions of Article.","title":"Section 38-10-11 Construction of Provisions of Article.","sectionRange":null,"content":"It is intended that new or additional causes of action for the department are created by the provisions of this article. This article shall be construed to create additional, alternative causes of action and shall in no way affect or impair any other remedy, civil or criminal, provided in any other statute or available under common law. The procedures, actions and remedies provided in this article shall in no way be exclusive but shall be in addition to and not in substitution of other proceedings available in the courts of this state or any other state or in any appropriate federal court. It is intended that this article be construed and administered to the end that children shall be maintained from the resources of the responsible parents.
","history":"(Acts 1979, No. 79-819, p. 1528, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37013,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35957,"codeId":7269,"versionId":5743,"parentId":7198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-12","shortTitle":"Section 38-10-12","catchLine":"Time Limit for Disbursement by Department to Child’s Custodian of Child Support Payments Received by It; Exception.","title":"Section 38-10-12 Time Limit for Disbursement by Department to Child’s Custodian of Child Support Payments Received by It; Exception.","sectionRange":null,"content":"(a) When any support payments are made directly to the department, including the state and county departments, under any and all of its child support programs and other child support programs administered by it, including programs administered pursuant to the requirements of Title IV-D of the Social Security Act, and any payments, or any portion thereof, are due to be disbursed to the custodian of the child, the department receiving payment shall within five working days after the day of its receipt make remittance of the amount due by mailing it to the custodian of the child. The five-day distribution requirement shall not apply when the department has received service of an affidavit to terminate income withholding due to the fact that all children subject to the order have reached the age of majority or all arrearage obligations have been fulfilled, or as otherwise provided in subdivisions (1) and (2).
(1) When collection is made pursuant to the federal tax offset provisions of Title IV-D of the Social Security Act or pursuant to the setoff debt collection provisions of Article 3, Chapter 18, Title 40, distribution shall continue to be made pursuant to that article and federal requirements.
(2) When the amount of support collected on an order in a month is less than ten dollars ($10), the amount collected shall be held in escrow by the department until the total collections on that order, including any amount held in escrow, exceed ten dollars ($10), at which time the amount shall be distributed.
(b) Any child support disregard payment to current aid to families with dependent children recipients shall not be governed by this section, but shall be made pursuant to federal requirements.
","history":"(Acts 1990, No. 90-768, p. 1571; Acts 1991, No. 91-660, p. 1263, §2; Acts 1995, No. 95-526, p. 1062, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37014,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35958,"codeId":7285,"versionId":null,"parentId":7195,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Right of Department to Support Owed by Parents to Child.","title":"Article 2 Right of Department to Support Owed by Parents to Child.","sectionRange":"§38-10-30 to §38-10-33","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37015,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35959,"codeId":7286,"versionId":5759,"parentId":7285,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-30","shortTitle":"Section 38-10-30","catchLine":"Definitions.","title":"Section 38-10-30 Definitions.","sectionRange":null,"content":"As used in this article, the following terms shall have the following meanings:
(1) CHILD. A minor or disabled child.
(2) CUSTODY. A legal status created by court order.
(3) DEPARTMENT. The Department of Human Resources of the State of Alabama, including the state and county departments of human resources.
(4) FOSTER CARE. Services for children outside of their own homes provided on a 24-hour basis in a licensed or approved facility.
","history":"(Acts 1986, Ex. Sess., No. 86-686, p. 81, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37016,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35960,"codeId":7293,"versionId":5765,"parentId":7285,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-31","shortTitle":"Section 38-10-31","catchLine":"Assignment to Department of Right to Support Owed to Child in Custody of Department or Receiving Maintenance Payments.","title":"Section 38-10-31 Assignment to Department of Right to Support Owed to Child in Custody of Department or Receiving Maintenance Payments.","sectionRange":null,"content":"Either upon granting of custody of a child to the department and the provision of foster care or upon the department’s making foster care maintenance payments on behalf of a child under provisions of Title IV-E of the Social Security Act, the department shall by operation of law be assigned the right to any support owed to or for such child. The assignment:
(1) shall be effective as to both current and accrued support obligations; and
(2) shall terminate when the department is no longer providing foster care, except with respect to the amount of any unpaid support obligation accrued under the assignment.
","history":"(Acts 1986, Ex. Sess., No. 86-686, p. 81, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37017,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35961,"codeId":7298,"versionId":5770,"parentId":7285,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-32","shortTitle":"Section 38-10-32","catchLine":"Action to Assure That Parents of Child in Department’s Custody or Receiving Maintenance Payments Provide Support.","title":"Section 38-10-32 Action to Assure That Parents of Child in Department’s Custody or Receiving Maintenance Payments Provide Support.","sectionRange":null,"content":"The department may take action under this article or any other appropriate state and federal statutes to assure that the parent or parents of a child in the custody and care of the department or otherwise receiving foster care maintenance payments under Title IV-E of the Social Security Act, provide support for such child. An order for support may be made at the time custody is granted to the department and may be made a part of the custody order.
","history":"(Acts 1986, Ex. Sess., No. 86-686, p. 81, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37018,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35962,"codeId":7302,"versionId":5773,"parentId":7285,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-33","shortTitle":"Section 38-10-33","catchLine":"Support Collections Paid to Department.","title":"Section 38-10-33 Support Collections Paid to Department.","sectionRange":null,"content":"Support collections made pursuant to the provisions of this article shall be paid to the department or its designee and distribution thereof shall be made in accordance with rules published by the department.
","history":"(Acts 1986, Ex. Sess., No. 86-686, p. 81, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37019,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35963,"codeId":7313,"versionId":null,"parentId":7195,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Foster Care Trust Fund.","title":"Article 3 Foster Care Trust Fund.","sectionRange":"§38-10-50 to §38-10-53","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37020,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35964,"codeId":7314,"versionId":5784,"parentId":7313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-50","shortTitle":"Section 38-10-50","catchLine":"Definition.","title":"Section 38-10-50 Definition.","sectionRange":null,"content":"As used in this article “foster care trust fund” means a separate fund established for the purpose of donation of tax deductible funds by individuals, charitable organizations, institutions, and businesses wishing to assist all children in the temporary or permanent custody of the department of human resources who are in foster care.
","history":"(Acts 1990, No. 90-385, p. 527, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37021,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35965,"codeId":7319,"versionId":5789,"parentId":7313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-51","shortTitle":"Section 38-10-51","catchLine":"Trust Fund Established.","title":"Section 38-10-51 Trust Fund Established.","sectionRange":null,"content":"The finance director of the State of Alabama shall establish a separate account for deposit of donations to the foster care trust fund, the proceeds of which shall be available to the Department of Human Resources for the purpose of assisting children in its custody.
","history":"(Acts 1990, No. 90-385, p. 527, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37022,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35966,"codeId":7324,"versionId":5794,"parentId":7313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-52","shortTitle":"Section 38-10-52","catchLine":"Use of Funds; Administrative Costs.","title":"Section 38-10-52 Use of Funds; Administrative Costs.","sectionRange":null,"content":"The Department of Human Resources shall use funds deposited in the foster care trust fund to meet the following needs of children in its custody including, but not limited to, tuition for post-secondary education, tutoring, development of artistic or athletic abilities, graduation costs, birthday and Christmas gifts, and, assistance with preparation for independent living. In no case shall proceeds from the foster care trust fund be used for the cost of board or staff costs of the Department of Human Resources. All administrative costs or any other costs to provide for the operation of the foster care trust fund created by this article shall be paid from funds allocated to the department of human resources.
","history":"(Acts 1990, No. 90-385, p. 527, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37023,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35967,"codeId":7330,"versionId":5799,"parentId":7313,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-10-53","shortTitle":"Section 38-10-53","catchLine":"Rules and Regulations.","title":"Section 38-10-53 Rules and Regulations.","sectionRange":null,"content":"The Commissioner of the Department of Human Resources is hereby authorized to issue such rules and regulations as are necessary to implement the provisions of this article.
","history":"(Acts 1990, No. 90-385, p. 527, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37024,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35968,"codeId":7345,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"11A","shortTitle":"Chapter 11A","catchLine":"Welfare Employment Program.","title":"Chapter 11A Welfare Employment Program.","sectionRange":"§38-11A-1 to §38-11A-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37025,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35969,"codeId":7347,"versionId":5813,"parentId":7345,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-11A-1","shortTitle":"Section 38-11A-1","catchLine":"Legislative Intent.","title":"Section 38-11A-1 Legislative Intent.","sectionRange":null,"content":"The intent of this chapter is to assist public assistance applicants and recipients to become wage earning, self-supporting citizens of the State of Alabama. Thus, through the provisions of this chapter, the Department of Human Resources shall develop and coordinate employment related programs, training activities including work experience, vocational training, job finding skills, remedial education, and social services with the goal of reducing welfare dependency and the costs thereof to the State of Alabama; to improve the participants’ economic quality of life, to improve personal functioning through acquisition of general education and parenting skills, and to remove barriers to employment and financial independence.
","history":"(Acts 1989, No. 89-850, p. 1699, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37026,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35970,"codeId":7352,"versionId":37353,"parentId":7345,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-11A-2","shortTitle":"Section 38-11A-2","catchLine":"Establishment of a Welfare Employment Program; Eligibility.","title":"Section 38-11A-2 Establishment of a Welfare Employment Program; Eligibility.","sectionRange":null,"content":"(a) The Department of Human Resources shall establish and administer a welfare employment program for persons applying for, or receiving, public assistance in the State of Alabama. The department shall develop program policy, criteria, requirements, and procedures and issue rules and regulations for governance of the program, insofar as federal guidelines permit, and shall assume program management responsibilities including budget planning, cost accounting, data collecting and reporting, evaluation and assessment of program performance, and standards for effective use of distributed funds. The program shall include development of employment strategies, employment-related programs and activities and family support services directed toward affecting the intent and goals of this chapter.
(b) As a condition of eligibility for Temporary Assistance for Needy Families (TANF) an applicant shall have applied for at least three positions of unsubsidized employment prior to completing the application process and comply with job search preparation, education, and other employment activities as required by the department.
(c) Recipients of TANF cash assistance who voluntarily terminate employment or refuse employment without good cause shall be ineligible for TANF cash assistance.
","history":"(Acts 1989, No. 89-850, p. 1699, §2; Act 2014-425, p. 1561, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37027,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35971,"codeId":7358,"versionId":5823,"parentId":7345,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-11A-3","shortTitle":"Section 38-11A-3","catchLine":"Funding.","title":"Section 38-11A-3 Funding.","sectionRange":null,"content":"The Department of Human Resources shall seek federal funds, as such are available, to carry out work-related requirements and activities for public assistance applicants and recipients who are required, or permitted, by federal law to be referred to an employment-related activity. Program size, requirements, benefits and services shall be contingent upon the availability of funds and on the program’s demonstrated cost effectiveness. The department may also seek and receive other public or private funds, donations, or in-kind services to carry out the program activities of this chapter.
","history":"(Acts 1989, No. 89-850, p. 1699, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37028,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35972,"codeId":7362,"versionId":5827,"parentId":7345,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-11A-4","shortTitle":"Section 38-11A-4","catchLine":"Application; Exemption Options; Sanctions.","title":"Section 38-11A-4 Application; Exemption Options; Sanctions.","sectionRange":null,"content":"Every applicant for and recipient of public assistance, except those exempted by federal law or regulation, shall be required to register and participate in programs and activities of the Alabama welfare employment program. The state may exercise exemption options under federal law. Exempt applicants and recipients of public assistance may volunteer to register and participate in the Alabama welfare employment program. Mandatory participants shall be subject to sanctions, in accordance with federal law, if they fail to comply with the requirements of the program.
","history":"(Acts 1989, No. 89-850, p. 1699, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37029,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35973,"codeId":29328,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"12","shortTitle":"Chapter 12","catchLine":"Kinship Foster Care Program.","title":"Chapter 12 Kinship Foster Care Program.","sectionRange":"§38-12-1 to §38-12-41","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37030,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35974,"codeId":41295,"versionId":null,"parentId":29328,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§38-12-1 to §38-12-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37031,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35975,"codeId":29329,"versionId":23991,"parentId":41295,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-1","shortTitle":"Section 38-12-1","catchLine":"Definitions.","title":"Section 38-12-1 Definitions.","sectionRange":null,"content":"As used in this chapter the following words shall have the following meanings:
(1) DEPARTMENT. State Department of Human Resources.
(2) FOSTER PARENT. Any person with whom a child in the care, custody, or guardianship of the department, is placed for temporary or long-term care, but shall not include any person with whom a child is placed for the purpose of adoption.
","history":"(Act 99-437, p. 864, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37032,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35976,"codeId":29330,"versionId":32994,"parentId":41295,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-2","shortTitle":"Section 38-12-2","catchLine":"Program Established.","title":"Section 38-12-2 Program Established.","sectionRange":null,"content":"(a) There is established a Kinship Foster Care Program in the State Department of Human Resources.
(b) When a child has been removed from his or her home and is in the care, custody, or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate only as provided by federal law for the care of the child and any other benefits that might be available to foster parents, whether in money or in services. Foster care payments shall cease upon the effective date of the kinship subsidiary payments or as provided by the department.
(c) The department shall establish standards for becoming a kinship foster parent as follows:
(1) A relative shall be an individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great aunt, great uncle, great great grandparent, niece, nephew, grandniece, grandnephew, or a stepparent. For the purposes of kinship foster care, the blood relationship shall continue to be recognized in defining relative after termination of parental rights.
(2) The kinship foster parent shall be 21 years of age or older, unless the department provides otherwise by rule to carry out the provisions of this chapter.
(3) The department may waive standards for kinship foster care as provided by department rule and as permitted by other state and federal law.
","history":"(Act 99-437, p. 864, §2; Act 2010-712, p. 1744, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37033,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35977,"codeId":29331,"versionId":23992,"parentId":41295,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-3","shortTitle":"Section 38-12-3","catchLine":"Investigation of Prospective Kinship Foster Parent.","title":"Section 38-12-3 Investigation of Prospective Kinship Foster Parent.","sectionRange":null,"content":"(a) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective foster parent’s home.
(b) The Alabama Bureau of Investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person’s eligibility to become a kinship foster parent.
(c) It is unlawful, except for the purpose of determining a person’s eligibility for kinship foster care, for any person to disclose information obtained under this section. Any person violating this section commits a Class A misdemeanor.
","history":"(Act 99-437, p. 864, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37034,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35978,"codeId":29332,"versionId":32995,"parentId":41295,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-4","shortTitle":"Section 38-12-4","catchLine":"Individualized Service Plan.","title":"Section 38-12-4 Individualized Service Plan.","sectionRange":null,"content":"(a) The department shall determine whether the person is able to care effectively for the foster child by the following methods:
(1) Reviewing personal and professional references.
(2) Observing during a home visit of the kinship foster parent with household members.
(3) Interviewing the kinship foster parent.
(b) The department and the kinship foster parent shall develop an individualized service plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved daycare center or family daycare home, the department shall pay for child care arrangements, according to established rates.
(c) The kinship foster parent shall cooperate with any activities specified in the individualized service plan for the foster child, such as counseling, therapy, court sessions, or visits with the foster child’s parents or other family members.
(d) Whether appointed kinship guardian by the juvenile court or awarded a kinship guardianship subsidy, the kinship foster parent shall meet and continue to meet all subsidy program and funding requirements.
","history":"(Act 99-437, p. 864, §4; Act 2010-712, p. 1744, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37035,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35979,"codeId":29333,"versionId":23993,"parentId":41295,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-5","shortTitle":"Section 38-12-5","catchLine":"Rules and Regulations.","title":"Section 38-12-5 Rules and Regulations.","sectionRange":null,"content":"The department may adopt rules and regulations to carry out the provisions of this chapter.
","history":"(Act 99-437, p. 864, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37036,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35980,"codeId":41046,"versionId":null,"parentId":29328,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Alabama Kinship Guardian Subsidy Act.","title":"Article 2 Alabama Kinship Guardian Subsidy Act.","sectionRange":"§38-12-30 to §38-12-41","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37037,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35981,"codeId":41047,"versionId":33189,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-30","shortTitle":"Section 38-12-30","catchLine":"Short Title.","title":"Section 38-12-30 Short Title.","sectionRange":null,"content":"This article may be cited as the Alabama Kinship Guardianship Subsidy Act.
","history":"(Act 2010-712, p. 1744, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37038,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35982,"codeId":41048,"versionId":33190,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-31","shortTitle":"Section 38-12-31","catchLine":"Legislative Findings.","title":"Section 38-12-31 Legislative Findings.","sectionRange":null,"content":"The Legislature finds and declares the following:
(1) There exists in this state a number of children who cannot reside with their parents, legal guardians, or legal custodians because of such parents’, legal guardians’, or custodians’ incapacity or inability to perform the regular and expected functions of care and support of the children and family care and who thereby come to the attention of juvenile court and into the care and custody of the Department of Human Resources.
(2) An increasing number of relatives, including grandparents, find themselves wanting to provide care to related foster children on a long-term basis to prevent the children from remaining in foster care with unrelated caregivers yet these relatives are either unable or unwilling to seek termination of the legal relationships between the parent and the child, particularly when it is the caregiver’s own child or sibling who is the parent.
(3) It is in the public interest to support legal guardianship assistance that addresses the needs of the children and caregivers in long-term kinship relationships by providing financial assistance to help relatives bear the long-term costs of child care and support for children outside the foster care system.
(4) It is in the public interest to create a new type of legal guardianship that addresses the needs of children in the legal custody of the Department of Human Resources and to establish long-term legal relationships with relatives and place children out of the foster care system.
(5) The purposes of kinship guardianships include the following:
a. Establish procedures to effect a legal relationship between a child in the legal custody of the Department of Human Resources and a kinship guardian when the child is not residing with either parent, a legal guardian, or a legal custodian and to terminate legal custody with the department.
b. Provide a child in the legal custody of the Department of Human Resources with a stable and consistent long-term relationship with a kinship guardian that will enable the child to develop physically, mentally, and emotionally to the maximum extent possible when the parents, legal guardians, or legal custodians of the child are not willing or able to do so.
c. Establish a permanent placement alternative to a child remaining in the legal custody of the Department of Human Resources under juvenile court supervision in situations where the child cannot be reunited with the parent, legal guardian, or legal custodian, and other persons are not interested in pursuing adoption.
d. Establish a new legal relationship which is permanent during the minority of the child and not subject to modification or revocation merely for a material change in circumstances which has occurred since the order granting the kinship guardianship was entered, but also that the change would materially promote the child’s best interest and welfare, and that the positive good brought about by the change would more than offset the inherently disruptive effect caused by uprooting the child.
e. Establish a kinship guardianship subsidy program to help kinship guardians bear the cost of providing care for their relatives’ children outside the foster care system with available federal funds and funds made available from other sources.
","history":"(Act 2010-712, p. 1744, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37039,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35983,"codeId":41049,"versionId":40260,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-32","shortTitle":"Section 38-12-32","catchLine":"Definitions.","title":"Section 38-12-32 Definitions.","sectionRange":null,"content":"As used in this article, the following terms shall have the following meanings:
(1) CAREGIVER. An individual 21 years of age or older, other than a child’s parent, legal guardian, or legal custodian who is an approved foster parent, who is a relative of the child, and who has been providing care and support for the child while the child has been residing in the caregiver’s home for at least the last six consecutive months while in the legal custody of the Department of Human Resources, a designated official for a child-placing agency, or a successor guardian.
(2) CHILD. An individual under 18 years of age who is in foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court.
(4) DEPARTMENT. The Department of Human Resources.
(5) KINSHIP GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity of a parent, legal guardian, legal custodian, or other dependency reason, with the intent to raise the child to adulthood, and who is appointed the kinship guardian of the child by a juvenile court. A kinship guardian shall be responsible for the care and protection of the child and for providing for the health, education, and maintenance of the child.
(6) PARENTAL INCAPACITY. Abandonment or incapacity of such a serious nature as to demonstrate that the parent, legal guardian, or legal custodian is unable, unavailable, or unwilling to perform the regular and expected functions or care and support of the child.
(7) PROGRAM. The Kinship Guardianship Subsidy Program established by Section 38-12-33.
(8) RELATIVE. An individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great aunt, great uncle, great great grandparent, niece, nephew, grand niece, grand nephew, or a stepparent.
(9) SUCCESSOR GUARDIAN. A person or persons named in a kinship guardianship assistance agreement, or any amendment thereto, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity of a kinship guardian. The successor guardian may be unrelated to the child.
","history":"(Act 2010-712, p. 1744, §3; Act 2016-129, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37040,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35984,"codeId":41050,"versionId":33191,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-33","shortTitle":"Section 38-12-33","catchLine":"Kinship Guardianship Subsidy Program.","title":"Section 38-12-33 Kinship Guardianship Subsidy Program.","sectionRange":null,"content":"There is established in the department the Kinship Guardianship Subsidy Program. For the purposes of this article, the department is authorized to use funds that are appropriated for child welfare services and funds provided under the United States Social Security Act, Titles IV-B and IV-E, or under any waiver that the department receives pursuant to those titles, or out of any funds made available to it from other sources for the program.
","history":"(Act 2010-712, p. 1744, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37041,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35985,"codeId":41051,"versionId":33192,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-34","shortTitle":"Section 38-12-34","catchLine":"Subsidies - Authorized; Eligibility.","title":"Section 38-12-34 Subsidies - Authorized; Eligibility.","sectionRange":null,"content":"(a) Subject to rules adopted to implement this article, the department may provide subsidies for an eligible child placed in kinship guardianship by a court, or by a federally recognized Native American Indian tribe, if the child would not be placed in a kinship guardianship without the assistance of the program.
(b) A child is an eligible child for a kinship guardianship subsidy if the department determines the following:
(1) The child has been removed from the custody of his or her parent or parents, legal guardian, or legal custodian as a result of a judicial determination to the effect that continuation in the custody of the parent or parents, legal guardian, or legal custodian would be contrary to the welfare of the child.
(2) The department is responsible for the placement and care of the child.
(3) Being returned home or being adopted are not appropriate permanent options for the child.
(4) Permanent placement with a kinship guardian is in the child’s best interests.
(5) The child demonstrates a strong attachment to the prospective kinship guardian and the kinship guardian has a strong commitment to caring permanently for the child.
(6) The child has received foster care maintenance payments while residing for at least six consecutive months in the home of the prospective kinship guardian.
(7) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship.
(8) If required for federal funding participation, the kinship guardian is qualified pursuant to a means-based test and any other requirements.
(9) If required for federal funding participation, the necessary degree of relationship exists between the prospective kinship guardian and the child.
","history":"(Act 2010-712, p. 1744, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37042,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35986,"codeId":41052,"versionId":40261,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-35","shortTitle":"Section 38-12-35","catchLine":"Subsidies - Amount.","title":"Section 38-12-35 Subsidies - Amount.","sectionRange":null,"content":"The amount of a kinship guardianship subsidy shall be determined according to this section and as provided by rules of the department. The subsidy may be paid monthly and the monthly amount may not exceed the monthly foster care maintenance board payment for the child if the child were to remain in the care or custody of the department, without regard to the sources of the funds. No foster care maintenance board payment and kinship subsidy payment shall be paid for the same child for the same period of time. The kinship guardianship subsidy may only be provided for an eligible child. Subject to rules adopted by the department, the subsidy may include up to the federally established amount for nonrecurring expenses, including attorney’s fees, incurred by the kinship guardian or successor guardian to complete the kinship guardianship or successor guardianship in court. Subsidy payments are subject to the availability of funds and the allocation of funding by the department.
","history":"(Act 2010-712, p. 1744, §6; Act 2016-129, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37043,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35987,"codeId":41053,"versionId":40262,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-36","shortTitle":"Section 38-12-36","catchLine":"Subsidies - Duration.","title":"Section 38-12-36 Subsidies - Duration.","sectionRange":null,"content":"Provided that federal funding is available, the kinship guardianship subsidy shall continue until the following occur:
(1) The child who is being cared for by the kinship guardian or successor guardian reaches age 18 years, or age 21 if the child has attained age 16 before the kinship subsidy agreement became effective, and the child is:
a. Completing secondary education or a program leading to an equivalent credential.
b. Enrolled in an institution which provides postsecondary or vocational education.
c. Participating in a program or activity designed to promote, or remove barriers to, employment.
d. Employed for at least 80 hours per month.
e. Incapable of doing any of the activities described in paragraphs a. through d. due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child, if applicable.
(2) The kinship guardian or successor guardian is no longer legally responsible for support of the child.
(3) The kinship guardian or successor guardian is no longer providing support to the child under the care of the kinship guardian or successor guardian, at which time the kinship guardianship subsidy ceases.
","history":"(Act 2010-712, p. 1744, §7; Act 2016-129, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37044,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35988,"codeId":41054,"versionId":40263,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-37","shortTitle":"Section 38-12-37","catchLine":"Application.","title":"Section 38-12-37 Application.","sectionRange":null,"content":"(a) Applications for the program may be submitted by a prospective kinship guardian. A written agreement between the prospective kinship guardian entering into the program and the department shall precede the award of a kinship guardianship. The kinship guardianship subsidy agreement and kinship guardianship subsidy shall become effective only upon entry of an order of a court awarding kinship guardianship. The agreement shall specify, at a minimum, the following:
(1) The amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child.
(2) The additional services and assistance that the child and relative guardian or successor guardian will be eligible for under the agreement.
(3) The procedure by which the relative guardian or successor guardian may apply for additional services as needed.
(4) That the department will pay the cost of nonrecurring expenses associated with obtaining a legal order of kinship guardianship or successor guardianship of the child, to the extent the cost does not exceed the federally established amount.
(b) No kinship guardianship subsidy shall be made unless satisfactory documentation is submitted by the kinship guardian or successor guardian showing an eligible child lives in the home of the kinship guardian or successor guardian. Upon approval by the department that all the requirements for payment eligibility have been satisfied, the kinship guardianship subsidy may be retroactive to the date of the court order appointing kinship guardianship.
(c) The kinship guardianship assistance agreement executed in accordance with this section and any amendments thereto may name an appropriate person to act as a successor guardian for the purpose of providing care and guardianship for a child in the event of death or incapacity of the relative guardian.
(d) A child shall remain eligible for kinship guardianship assistance payments under this title when a successor guardian assumes care and guardianship of the child.
(e) The department shall complete a criminal history record check on the prospective successor guardian and all adult residents of the household of the prospective successor guardian before approval to receive payments. The department also shall complete a child abuse record check on the prospective successor guardian and all household members that are 14 years or older before approval to receive payments.
(f) It shall be the duty of the prospective successor guardian to inform the social services official that has entered into an agreement with the relative guardian for payments under this title in writing of the death or incapacity of the relative guardian and of the prospective successor guardian’s desire to enforce the provisions in the agreement that authorize payment to him or her in the event of the death or incapacity of the kinship guardian.
","history":"(Act 2010-712, p. 1744, §8; Act 2016-129, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37045,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35989,"codeId":41055,"versionId":40264,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-38","shortTitle":"Section 38-12-38","catchLine":"Review of Subsidy.","title":"Section 38-12-38 Review of Subsidy.","sectionRange":null,"content":"If the subsidy continues for more than one year, the eligibility for and amount of the subsidy shall be reviewed at least annually by the department as provided by rule. The subsidy continues regardless of the state in which the kinship guardian or successor guardian resides, or the state to which the kinship guardian or successor guardian moves, if the kinship guardian or successor guardian continues to be responsible for the child, provided funding is available.
","history":"(Act 2010-712, p. 1744, §9; Act 2016-129, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37046,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35990,"codeId":41056,"versionId":33193,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-39","shortTitle":"Section 38-12-39","catchLine":"Adoption of Rules.","title":"Section 38-12-39 Adoption of Rules.","sectionRange":null,"content":"The department shall adopt rules for the program consistent with this article.
","history":"(Act 2010-712, p. 1744, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37047,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35991,"codeId":41057,"versionId":40265,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-40","shortTitle":"Section 38-12-40","catchLine":"Subsidy Excluded from Income; Taxation.","title":"Section 38-12-40 Subsidy Excluded from Income; Taxation.","sectionRange":null,"content":"Except as required by federal law or regulation, the kinship guardianship subsidy may not be counted as a resource or income in the determination of the kinship guardian’s, successor guardian’s, or child’s eligibility for any public benefits or assistance. Kinship guardianship subsidy payments shall be exempt from any tax levied by the state or any subdivision thereof and shall be exempt from levy, garnishment, attachment, or any other process whatsoever and shall be inalienable.
","history":"(Act 2010-712, p. 1744, §11; Act 2016-129, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37048,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35992,"codeId":41058,"versionId":33194,"parentId":41046,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12-41","shortTitle":"Section 38-12-41","catchLine":"Initiation of Program.","title":"Section 38-12-41 Initiation of Program.","sectionRange":null,"content":"The department may provide a kinship guardianship subsidy pursuant to this article to any eligible child in department custody by court order on October 1, 2010, and to any eligible child placed in department custody by court order after October 1, 2010.
","history":"(Act 2010-712, p. 1744, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37049,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35993,"codeId":31496,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"12A","shortTitle":"Chapter 12A","catchLine":"Foster Parents’ Bill of Rights.","title":"Chapter 12A Foster Parents’ Bill of Rights.","sectionRange":"§38-12A-1 to §38-12A-2","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37050,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35994,"codeId":31497,"versionId":26441,"parentId":31496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12A-1","shortTitle":"Section 38-12A-1","catchLine":"Short Title.","title":"Section 38-12A-1 Short Title.","sectionRange":null,"content":"There is hereby established and created the Foster Parents’ Bill of Rights Act.
","history":"(Act 2004-257, p. 351, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37051,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35995,"codeId":31498,"versionId":26442,"parentId":31496,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12A-2","shortTitle":"Section 38-12A-2","catchLine":"Enumeration of Rights.","title":"Section 38-12A-2 Enumeration of Rights.","sectionRange":null,"content":"The Department of Human Resources shall ensure that each foster parent shall have all of the following rights:
(1) The right to be treated with dignity, respect, trust, value, and consideration as a primary provider of foster care and a member of the professional team caring for foster children.
(2) The right to receive information concerning the rights enumerated in this section.
(3) The right to a concise written explanation of their role as foster parents in partnership with children and their families, the department, and other providers, the role of the department, and the rights and role of the members of the birth family of a child in foster care.
(4) The right to training and support for the purpose of improving skills in providing daily care and meeting the needs of the child in foster care.
(5) The right to training, consultation, and assistance in evaluating, identifying, and accessing services to meet their needs related to their role as foster care providers. This includes, but is not limited to, all foster care polices, the Foster Parent Handbook, Foster Family Homes Minimum Standards, the Therapeutic Foster Care Manual, and a mediation process.
(6) The right to provide input to the department in identifying the types of resources and services that would meet the needs of children currently in their care and of their families, and advocate for the same without threat of reprisal.
(7) The right to information concerning behavioral problems, health history, educational status, cultural and family background, and other issues relative to the child which are known to the department at the time the child is placed in foster care prior to the child’s placement with a foster parent or parents. When the department knows such information after placement, the department shall make that information available to the foster parent as soon as practicable.
(8) The right to a written explanation of the plan concerning the placement of a child in the foster parent’s home. For emergency placements where time does not allow prior preparation of the explanation, the department shall provide such explanation within 72 hours. Prior to placement, the department shall allow the foster parent to review a written summary of information concerning the child, including, but not limited to, assessments, evaluations, and case plans, and allow the foster parent to assist in determining if the child would be a proper placement for the prospective foster family. For emergency placements where time does not allow prior review of the information, the department shall provide the information within 72 hours of placement. Confidential information shall be kept confidential by the foster parents, except as determined through the individualized service plan (ISP) process to promote the health and welfare of the child.
(9) The right to a staff person representing the department on call 24 hours a day, seven days a week, for the purpose of aiding the foster parent in receiving departmental assistance.
(10) The right to fair and equitable board payments based on a system of daily board rates and other financial reimbursement as specified in a plan adopted by the department after consultation with foster parents, subject to the availability of funds.
(11) The right to accept or refuse placement within their home, or to request, upon reasonable notice to the department, the removal of a child from their home for good cause without threat of reprisal for acting on such good cause.
(12) The right to information of scheduled meetings and appointments concerning the foster child and permission for the foster parent to actively participate in and provide input to be used by the ISP team in the case planning and decision-making process regarding the child in foster care, including, but not limited to, individual service planning meetings, foster care reviews, individual educational planning meetings, and medical appointments.
(13) The right to request that a person or persons serve as a volunteer advocate and to be present at all meetings with the department, including, but not limited to, individualized service planning, administrative hearings, the grievance/mediation process, the adoption process, and the allegation process where the foster parent is present. All communications received by the volunteer advocate shall be in strict confidence.
(14) The right to notice and an opportunity to be heard, including timely information concerning all court hearings. This notification may include, but is not limited to, notice of the date and time of the court hearing, the name of the judge or hearing officer assigned to the case, the guardian ad litem, the location of the hearing, and the court docket number. The notification shall be made upon receipt of this information by the department. Although not a party to the case, the foster parent may attend court hearings at the discretion of the judge.
(15) The right to communication with professionals who work with the foster child, including, but not limited to, therapists, physicians, and teachers who work directly with the child.
(16) The right to communicate with the child’s birth family, other foster parents of the child, and prospective and finalized adoptive parents of the child with ISP team approval and without the threat of reprisal.
(17) The right to necessary information on an ongoing basis which is relevant to the care of the child, including timely information on changes in the case plan or termination of the placement and reasons for the changes or termination of placement to the foster parent, except in the instances of immediate response of child protective service.
(18) The right to first consideration as the resource for a child in a foster parent’s home who becomes free for adoption or another planned permanent living arrangement.
(19) The right to a period of respite upon the request of a foster parent. The foster parent shall provide reasonable notice of a request for respite.
(20) The right to information, in person and in writing, of any allegations of maltreatment of children in the home of the foster parent alleged to have been perpetrated by a member of the foster parent’s household, the process for disposition of these allegations, and any review process for reports of indicated child abuse and neglect upon receipt of the allegations. A written notification of any report in which a finding is not indicated on the county level shall be provided to a foster parent within five days of the findings.
(21) The right to copies of all information relative to their family and services contained in the personal foster home record.
(22) The right to mediation procedures that may be developed and adopted by the department and the Alabama Foster and Adoptive Parent Association Board. The foster parent may request mediation in accordance with any mediation policy adopted by the department and the Alabama Foster and Adoptive Parent Association Board without threat of reprisal.
(23) The right to appeal the closing of a foster family home by the department in accordance with any appeal procedure adopted by the department and the Alabama Foster and Adoptive Parent Association Board without threat of reprisal.
","history":"(Act 2004-257, p. 351, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37052,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35996,"codeId":46783,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"12B","shortTitle":"Chapter 12B","catchLine":"Fostering Hope Scholarship Act of 2015.","title":"Chapter 12B Fostering Hope Scholarship Act of 2015.","sectionRange":"§38-12B-1 to §38-12B-10","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37053,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35997,"codeId":46784,"versionId":38931,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-1","shortTitle":"Section 38-12B-1","catchLine":"Short Title.","title":"Section 38-12B-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Fostering Hope Scholarship Act of 2015.
","history":"(Act 2015-121, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37054,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35998,"codeId":46785,"versionId":38932,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-2","shortTitle":"Section 38-12B-2","catchLine":"Develpment and Adminstration of Program.","title":"Section 38-12B-2 Develpment and Adminstration of Program.","sectionRange":null,"content":"(a) The State Department of Human Resources shall develop and administer Fostering Hope, a scholarship program for designated persons currently or formerly in the state foster care program, including children adopted from the program at the age of 14 or older. Commencing with the 2016-2017 academic year, the program, on behalf of participants, shall do either of the following:
(1) Pay for tuition and required fees at any public two-year or four-year institution of higher education in the state.
(2) Pay required fees for job training courses or skill certifications that are offered by any public two-year or four-year institution of higher education in the state or other publicly funded training programs in the state, and not considered an associate’s degree, if the courses or certifications are first approved by the department.
(b) Payments of tuition and required fees are considered program scholarships.
","history":"(Act 2015-121, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37055,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":35999,"codeId":46786,"versionId":38933,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-3","shortTitle":"Section 38-12B-3","catchLine":"Mentor Service","title":"Section 38-12B-3 Mentor Service","sectionRange":null,"content":"The program shall include a mentor service administered by the department as a support system for participants of the college tuition scholarship program. This service shall include mentors who shall be compensated by the department, as employees or contractors, to help participants adapt to independent living and to academics and other college or university activities.
","history":"(Act 2015-121, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37056,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36000,"codeId":46787,"versionId":38934,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-4","shortTitle":"Section 38-12B-4","catchLine":"Use of Funds.","title":"Section 38-12B-4 Use of Funds.","sectionRange":null,"content":"Appropriations for the program shall be used by the department on behalf of participants in each fiscal year to pay public two-year and four-year institutions of higher education or other publicly funded training programs in the state for benefits extended to participants by the Fostering Hope program. The department may also use not more than 10 percent of the total state appropriation made to the program in any fiscal year for costs associated with the mentor service. 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 Fostering Hope 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 shall develop rules for ensuring that expenses of the Fostering Hope program in a fiscal year do not exceed funding for the program in that fiscal year. For that purpose, and any other provision of this chapter to the contrary notwithstanding, the department may limit the acceptance of applications for Fostering Hope scholarships and may limit the award of scholarships.
","history":"(Act 2015-121, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37057,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36001,"codeId":46788,"versionId":38935,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-5","shortTitle":"Section 38-12B-5","catchLine":"Payment of Tuition and Required Fees.","title":"Section 38-12B-5 Payment of Tuition and Required Fees.","sectionRange":null,"content":"The program shall pay tuition and required fees for a participant as governed by rules promulgated by the department. In no event shall tuition and required fees be paid pursuant to this section for more than 72 academic hours toward an associate’s degree or 144 academic hours toward a bachelor’s degree for each participant. The program shall only pay tuition and fees relating to an undergraduate degree.
","history":"(Act 2015-121, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37058,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36002,"codeId":46789,"versionId":38936,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-6","shortTitle":"Section 38-12B-6","catchLine":"Eligibility; Disbursement of Funds.","title":"Section 38-12B-6 Eligibility; Disbursement of Funds.","sectionRange":null,"content":"(a) To be eligible to participate in the program, a scholarship applicant shall satisfy all of the following:
(1) Be in the legal custody of the foster care program of the department at the time of graduation from high school or earning a General Educational Development (GED) high school equivalency certification; or in the permanent legal custody of the foster care program of the department when his or her adoption is finalized, at 14 years of age or older, and has graduated from high school or earned a GED certification.
(2) Have net personal assets worth less than thirty thousand dollars ($30,000), subject to adjustment by the Commissioner of the Department of Human Resources to account for inflation.
(3) Is younger than 26 years of age at the start of the semester, training program, or certification program for which tuition or fees are requested from the program.
(4) Is accepted for enrollment in a degree-granting, training, or certification program, or is enrolled and working toward a degree, certificate, or completion of a job training program, at a public two-year or four-year institution of higher education or publicly funded training program in the state.
(5) Is making adequate progress toward the completion of a degree, certification, or training program as determined by rule promulgated by the department.
(6) Has completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA), or the equivalent, before each year in which he or she receives a Fostering Hope scholarship. He or she shall have applied for all federal student financial aid grants, including Pell grants, Supplemental Education Opportunity Grants, and Education and Training Vouchers, identified as being available for the student’s application by the department or by Federal Student Aid, an office of the United States Department of Education, or its successor agency.
(b) To be eligible to participate in the program after the first year of participation, an applicant shall also satisfy all of the following:
(1) Complete, after the first academic year in which he or she receives a Fostering Hope scholarship, annual volunteer service requirements or employment requirements pursuant to rules promulgated by the department.
(2) Remain in good standing with the policies established by the college, university, or other training or certification program in the state in which he or she is enrolled.
(c) Scholarship funds may be disbursed only if sufficient funding for the Fostering Hope program is available.
","history":"(Act 2015-121, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37059,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36003,"codeId":46790,"versionId":38937,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-7","shortTitle":"Section 38-12B-7","catchLine":"Reductions to Awards.","title":"Section 38-12B-7 Reductions to Awards.","sectionRange":null,"content":"A scholarship awarded pursuant to this chapter may not be reduced by the amount of any federal aid, scholarship funds, or grant funds otherwise received by the person or by the amount of any private donations made to assist the Fostering Hope program.
","history":"(Act 2015-121, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37060,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36004,"codeId":46791,"versionId":38938,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-8","shortTitle":"Section 38-12B-8","catchLine":"Priority of Funding.","title":"Section 38-12B-8 Priority of Funding.","sectionRange":null,"content":"Fostering Hope scholarship funds shall be applied to tuition and mandatory fees before any other grant, loan, voucher, or scholarship the student may be awarded to attend a public two-year or four-year institution of higher education in the state or publicly funded state training program.
","history":"(Act 2015-121, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37061,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36005,"codeId":46792,"versionId":38939,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-9","shortTitle":"Section 38-12B-9","catchLine":"Ineligibility from Participation.","title":"Section 38-12B-9 Ineligibility from Participation.","sectionRange":null,"content":"Any other provision of this chapter to the contrary notwithstanding, an otherwise eligible person who earns grants, scholarships, or other awards, excluding loans, sufficient to pay his or her tuition, room and board, and other fees at a public two-year or four-year institution of higher education in the state or publicly funded state training program, as governed by rules promulgated by the department, may not participate in the Fostering Hope program.
","history":"(Act 2015-121, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37062,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36006,"codeId":46793,"versionId":38940,"parentId":46783,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-12B-10","shortTitle":"Section 38-12B-10","catchLine":"Promulgation of Rules.","title":"Section 38-12B-10 Promulgation of Rules.","sectionRange":null,"content":"The commissioner of the department may promulgate rules as necessary to implement and administer this chapter.
","history":"(Act 2015-121, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37063,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36007,"codeId":30121,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"13","shortTitle":"Chapter 13","catchLine":"Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.","title":"Chapter 13 Criminal Background Checks on Persons Responsible for Children, Elderly, and Disabled.","sectionRange":"§38-13-1 to §38-13-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37064,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36008,"codeId":30122,"versionId":24755,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-1","shortTitle":"Section 38-13-1","catchLine":"Legislative Findings and Intent.","title":"Section 38-13-1 Legislative Findings and Intent.","sectionRange":null,"content":"Under the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. § 5119, et seq., the states are permitted to implement a computerized information system to provide child abuse crime information through the Federal Bureau of Investigation National Criminal History Record Information System. The states may conduct a nationwide criminal history background check for the purpose of determining whether an individual who shall have unsupervised access to children, the elderly, or individuals with disabilities has been convicted of a crime that bears upon the fitness of the individual to provide care to or have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities as defined in this chapter. The Legislature finds that there is an important state interest and it is in the best interest of the children, the elderly, and individuals with disabilities of Alabama to protect them from those persons who may inflict physical or mental injury or abuse, sexual abuse or exploitation, or maltreatment or other mistreatment upon children, the elderly, or individuals with disabilities. Therefore, it is the intent of the Legislature to provide for the implementation of a system that allows the Department of Human Resources, licensed child placing agencies, and child and adult care facilities to ensure that current licensees, license and volunteer applicants, prospective employees, current employees, and volunteers are suitable for employment, to perform volunteer work, or to hold a license, permit, approval, or certification and have not been convicted of a crime that bears upon their fitness to provide care or have responsibility for the safety or well-being of children, the elderly, or individuals with disabilities as defined in this chapter.
","history":"(Act 2000-775, p. 1775, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37065,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36009,"codeId":30123,"versionId":43515,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-2","shortTitle":"Section 38-13-2","catchLine":"Definitions.","title":"Section 38-13-2 Definitions.","sectionRange":null,"content":"When used in this chapter, the following words shall have the following meanings:
(1) ADULT. An individual 19 years of age and older.
(2) ADULT CARE FACILITY. A person or entity holding a Department of Human Resources license or approval or certification to provide care, including foster care, for adults.
(3) APPLICANT. A person or entity who submits an application for license as a child care or adult care facility to the Department of Human Resources or a child placing agency, or an application for employment or for a volunteer position to a Department of Human Resources licensed child care or adult care facility. With regard to child care and adult care facilities in a home setting, the term includes an adult household member whose residence is in the home. The term also includes an individual who submits an application for a volunteer position or for employment with the Department of Human Resources in a position in which the person has unsupervised access to children, adults, or individuals with disabilities as one of the essential functions of the job. The term also includes an applicant for approval as an adoptive parent of a child or as a foster parent of an adult or child. The term also includes any adult working in a child care institution, group home, maternity center, or transitional living facility, as defined in Section 38-7-2.
(4) AUTOMATED SYSTEM. The computerized, automated fingerprint identification system (AFIS) maintained by the Alabama State Law Enforcement Agency that allows for a computer search of the in-state database for criminal history background check information maintained by the Alabama Criminal Justice Information Center (ACJIC). The system contains criminal history background information for fingerprint-based and name-based searches.
(5) CARE. The provision of care, treatment, education, training, instruction, supervision, or recreation to children, adults, or individuals with disabilities.
(6) CARETAKER SETTING. A building, structure, or location, public or private property, or vehicle, utilized for or involved in the providing of care, education, training, instruction, or supervision of children, adults, or individuals with disabilities or transportation in connection with activity provided by a licensed, approved, or certified child or adult care facility.
(7) CHIEF EXECUTIVE OFFICER. The Commissioner of the Department of Human Resources, the director of a county department of human resources, or the head of an employer covered by this chapter, but not specifically enumerated.
(8) CHILD or CHILDREN. An individual under 19 years of age.
(9) CHILD CARE FACILITY. A person or entity holding a Department of Human Resources license, permit, or approval to provide child care, including foster care, under Chapter 7. The term includes exempt child care facilities.
(10) CHILD PLACING AGENCY. A person or entity licensed by the Department of Human Resources under Chapter 7, issuing approvals to foster family homes and adoptive homes.
(11) CONVICTION. A determination of guilt as the result of a plea, including a plea of nolo contendere, or a trial.
(12) CRIMINAL HISTORY BACKGROUND INFORMATION CHECK. The review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the Alabama Criminal Justice Information Center, and the Alabama State Law Enforcement Agency involving an arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information as defined by 42 U.S.C. § 5119, the National Child Protection Act of 1993, conviction record information, fingerprint cards, correctional data and release information, and identifiable descriptions and notations of convictions. Criminal history background information shall not include any analytical records or investigative reports that contain intelligence information or criminal investigation information.
(13) CURRENT. An individual who is presently employed, licensed, or approved, or working as a volunteer on November 1, 2000.
(14) DAILY LIVING TASKS. Activities of daily living, including walking, working, learning, grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, transportation, managing money, maintaining a residence, writing, and using telephones, computers, and other automated communication devices.
(15) ELDERLY. An individual 65 years of age or older.
(16) EMPLOYEE. An individual currently in the service of an employer for compensation, full-time or part-time, and employed by contract or at will, in which the employer has the authority to control the person in the material details of how work shall be performed and when compensation shall be provided.
(17) EMPLOYER. An individual, person, group of persons, association, partnership, corporation, limited liability company or partnership, business, or other entity which hires employees, has volunteers, or contracts with others to provide personnel to work with or provide care to children, adults, or individuals with disabilities in a caretaker setting.
(18) ESSENTIAL FUNCTIONS. The fundamental, not merely marginal, job duties of the employment as determined by a written job description or the judgment of the employer.
(19) EXEMPT CARE FACILITY. A person or entity exempt by law from licensure by the Department of Human Resources, including adult care facilities.
(20) INDIVIDUAL. A natural person.
(21) INDIVIDUAL WITH DISABILITIES. A person with a mental or physical impairment who requires assistance to perform one or more daily living tasks.
(22) LAW ENFORCEMENT. The sheriff’s department of a county or the police department of a municipality.
(23) LICENSE. A license, permit, certification, approval, registration, or other form of permission required by law by whatever designation for a child care facility, adult care facility, child placing agency, foster parent or foster home, adoptive parent or adoptive home, or any other person or entity in which an individual has unsupervised access to children, the elderly, or individuals with disabilities.
(24) LICENSED SOCIAL WORKER. A social worker licensed by the Alabama State Board of Social Work Examiners to conduct family home studies and psychosocial assessments in adoptive or custody cases by court order or for treatment not otherwise required to conduct a criminal history check.
(25) LICENSEE. Holder of a license or approval and an adult household member whose residence is in the home in regard to child care and adult care facilities in a home setting.
(26) PERSON or ENTITY. A natural person, sometimes referred to as an individual, an owner or operator of any adult care facility, child care facility, child placing agency, or licensee, whether an individual, corporation, limited liability company or partnership, partnership, association, or other legal entity or group, and a board member, an officer, member, or partner of an entity who has direct contact with children, the elderly, or individuals with disabilities in care.
(27) REASONABLE SUSPICION. Belief by a prudent person that reasonable articulable grounds exist to suspect that the employee’s past or present behavior should be reviewed to determine if such behavior or conduct bears upon the individual’s fitness to teach or supervise or have responsibility for the safety and well-being of children, the elderly, or persons with disabilities as defined in this chapter.
(28) REPORT. A written statement of criminal history background information.
(29) RESIDENCE. Place of abode, domicile, or dwelling with intention to remain permanently and continuously or for an indefinite or uncertain length of time.
(30) SEX CRIME. Includes any sex offense listed in Section 15-20A-5.
(31) SUITABILITY CRITERIA.
a. Convictions for any of the following crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32.
2. A sex crime.
3. A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities.
4. A crime committed against a child.
5. A crime involving the sale or distribution of a controlled substance.
6. A crime or offense committed in another state or under federal law which would constitute any of the above crimes in this state.
b. Conviction for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. § 671(a)(20) shall disqualify a person from being approved or continuing to be approved as a foster parent or adoptive parent and a convicted person shall be deemed unsuitable for employment, volunteer work, approval, or licensure as a foster parent or adoptive parent.
c. The Department of Human Resources may set other disqualifying convictions by rule under the Administrative Procedure Act, Section 41-22-1, et seq., for Department of Human Resources licensed child or adult care facilities.
(32) SUITABILITY DETERMINATION. A decision that an individual is or is not suitable for employment, volunteer work, or licensure based upon the existence of a prohibited criminal conviction.
(33) UNSUPERVISED ACCESS TO A CHILD OR CHILDREN, THE ELDERLY, OR AN INDIVIDUAL WITH DISABILITIES. Contacts, interviews, questions, examinations, interaction, or communications outside the presence, supervision, and control of someone other than a child or elderly or disabled individual in care during the provision of care, education, training, instruction, supervision, or other employment or license related activities.
(34) VOLUNTEER. An individual who provides services without an express or implied promise of compensation, but shall not include the parent, family member, legal custodian, or legal guardian of a child, the elderly, or disabled individual in care.
(35) WRITTEN CONSENT. A signed statement by the applicant or employee containing all of the following:
a. The name, address, date of birth, race, gender, and Social Security number appearing on a valid identification document as defined in subsection (d) of 18 U.S.C. § 1028. If the applicant does not have a Social Security number because of sincerely held personal beliefs, the Social Security number shall not be required and the Department of Human Resources and the Alabama State Law Enforcement Agency shall provide an alternative means of identification and procedure.
b. Notice to the applicant or employee of the right to obtain a copy of the criminal history background information check report, to challenge the accuracy and completeness of any information contained in the report, and to obtain a prompt determination as to the validity of a challenge.
c. Name, address, and telephone number of the employer or licensing entity for which the criminal history background information check report is being sought.
d. Release of the criminal history background information check report to the Department of Human Resources.
","history":"(Act 2000-775, p. 1775, §2; Act 2012-55, p. 92, §1; Act 2015-463, p. 1506, §1; Act 2018-278, §2; Act 2019-322, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37066,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36010,"codeId":30124,"versionId":42732,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-3","shortTitle":"Section 38-13-3","catchLine":"Criminal History Background Information Check Required for Certain Individuals; Exemptions.","title":"Section 38-13-3 Criminal History Background Information Check Required for Certain Individuals; Exemptions.","sectionRange":null,"content":"(a) On November 1, 2000, every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency shall request the Alabama State Law Enforcement Agency to conduct a criminal history background information check for the following:
(1) An employment applicant, employee or volunteer of an employer, child care facility, adult care facility, or child placing agency.
(2) A current foster parent for a child or adult or adult household member of a foster family or applicant and an adult household member of a foster family seeking approval to operate as a foster parent or foster family home for a child placing agency or the Department of Human Resources. Unless otherwise provided in this chapter, no criminal history background information check shall be conducted on a current foster parent or household member of a foster family if a Federal Bureau of Investigation and Alabama State Law Enforcement Agency criminal history background information check has already been conducted under other law that meets the suitability criteria as provided in this chapter. Subsequent arrests or convictions of foster parents, or arrests or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama State Law Enforcement Agency to the Department of Human Resources as provided in this chapter.
(3) An applicant or employee, with the exception of those individuals on employed status on November 1, 2000, in a position in the Department of Human Resources which requires unsupervised access to children, the elderly, or individuals with disabilities as one of the essential functions of the job. All current employees of the Department of Human Resources shall be subjected to a criminal history background information check upon reasonable suspicion. Criminal history background information checks shall be required for prospective and current personnel under contract with the Department of Human Resources or working with another entity under contract with the Department of Human Resources, students, mentors, and volunteers in positions requiring unsupervised access to children, the elderly, or persons with disabilities as one of the essential functions of the job. The Department of Human Resources shall pay any fees related to checks required pursuant to this subdivision.
(4) A current licensee or applicant for a license through the Department of Human Resources to operate a child care or adult care facility.
(5) An adoptive parent applicant for a child adoptive placement through the Department of Human Resources or child placing agency and any Department of Human Resources or child placing agency approved adoptive parent prior to entry of a final decree of adoption. Unless otherwise provided in this chapter, no criminal history background information check shall be conducted on a current adoptive parent or household member of an adoptive family if a Federal Bureau of Investigation and Alabama State Law Enforcement Agency criminal history background information check has already been conducted under other law that meets the suitability criteria as provided in this chapter. Subsequent arrests or convictions of adoptive parents, or arrests or convictions entered into the automated system subsequent to the initial report, shall be sent by the Alabama State Law Enforcement Agency to the Department of Human Resources as elsewhere provided in this chapter.
(b) An employer, child care facility, adult care facility, the Department of Human Resources, or a child placing agency may only request a criminal history background information check by its chief executive officer, or his or her designee authorized in writing and notarized, and law enforcement shall render assistance, including assistance in obtaining fingerprints required for submission of a request to the Alabama State Law Enforcement Agency.
(c) Every employee, volunteer or applicant, for employment or a volunteer position, licensee, Department of Human Resources adoptive parent applicant or approved adoptive parent, or applicant for a license to the Department of Human Resources to operate a child care or adult care facility shall submit two sets of fingerprints and sign a written consent to obtain the criminal history background information. Fingerprints shall not be required when a disability prevents a person from being fingerprinted. Disabilities preventing fingerprinting include the loss of both hands, severe scarring of all fingers, closed paralytic hands, and similar disabilities. In cases involving disability, a written consent to obtain available criminal history background information by name only shall be obtained. No one who fails or refuses to give written consent or submit fingerprints necessary to obtain criminal history background information may be employed, allowed to perform volunteer or other work, approved or issued a license, or allowed to retain a license or approval by the Department of Human Resources, an employer, child care facility, adult care facility, or child placing agency.
(d) Adult care facilities exempt from Department of Human Resources licensing shall not be required to comply with this chapter, but may voluntarily collect and forward two complete acceptable sets of fingerprints, the written consent, and nonrefundable fee from applicants to the Alabama State Law Enforcement Agency to request a criminal history background information check which shall be processed pursuant to this chapter. Licensed social workers conducting home studies may also request a criminal history background check which shall be processed pursuant to this chapter. The Department of Human Resources shall, prior to the disbursement of any subsidized child care funds, require all employees and applicants of legally operating child care facilities to submit verification of the application for a criminal history background check and the results thereof when obtained. Upon reasonable suspicion that the individual has a criminal conviction or has not had a criminal history background check conducted, the Department of Human Resources shall have the right to require employees of child care or adult care facilities to submit each application for a criminal history background check and the results thereof when obtained.
","history":"(Act 2000-775, p. 1775, §3; Act 2012-55, p. 92, §1; Act 2018-278, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37067,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36011,"codeId":30125,"versionId":43516,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-4","shortTitle":"Section 38-13-4","catchLine":"Mandatory Criminal History Check Notice; Suitability Determinations; Checks on Subsequent Activity.","title":"Section 38-13-4 Mandatory Criminal History Check Notice; Suitability Determinations; Checks on Subsequent Activity.","sectionRange":null,"content":"(a) Every employer, child care facility, adult care facility, the Department of Human Resources, and child placing agency required to obtain a criminal history background information check pursuant to this chapter shall obtain, prior to or upon the date of employment, or issuance of a license or approval or renewal thereof, and maintain in the agency or personnel file, a request with written consent for the criminal history background information check and a statement signed by the applicant, volunteer, or employee indicating whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions. The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history background information check be conducted on all persons who hold a license or work in a Department of Human Resources licensed child care or adult care facility, a foster or adoptive home approved by the Department of Human Resources, or a licensed child placing agency, including all officers and agents of the entity. You are required to provide full, complete, and accurate information on your criminal conviction history upon application for a license or employment. This information shall be used to determine your suitability to provide care to children, the elderly, or disabled individuals. Unless a criminal history background information check report and suitability determination have previously been obtained, you must complete a written request and consent for a criminal history background information check with fingerprints at the time of application for employment. Refusal to complete these documents or providing false information may result in refusal of employment, approval, or licensure. The term conviction includes a determination of guilt by a trial, by a plea of guilty, or a plea of nolo contendere. You are required to notify your employer, licensing agency, or entity where you are performing volunteer work of any criminal conviction occurring subsequent to the date of completion of this notice. Any individual determined to have submitted false information may be referred to the district attorney or law enforcement for investigation and possible prosecution. An individual who intentionally falsifies or provides any misleading information on the statement is guilty of a Class A misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000) and imprisonment for not more than one year.
(2) Convictions for any of the following crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
“a. A violent offense as defined in Section 12-25-32.
“b. A sex crime as defined in Section 15-20A-5.
“c. A crime that involves the physical or mental injury or maltreatment of a child, the elderly, or an individual with disabilities.
“d. A crime committed against a child as defined in Section 38-13-2.
“e. A crime involving the sale or distribution of a controlled substance.
“f. A crime or offense committed in another state or under federal law which would constitute any of the above crimes in this state.
“g. Conviction for a crime listed in the federal Adoption and Safe Families Act, pursuant to 42 U.S.C. Section 671(a)(20), shall disqualify a person from being approved or continuing to be approved as a foster parent or adoptive parent and a convicted person shall be deemed unsuitable for employment, volunteer work, approval, or licensure as a foster parent or adoptive parent.
“h. The Department of Human Resources may set other disqualifying convictions by rule under the Administrative Procedure Act, Section 41-22-1, et seq., for Department of Human Resources licensed child or adult care facilities.
”(3) CRIMINAL HISTORY STATEMENT
“Have you ever had a suitability determination made by the Department of Human Resources in connection with a previous criminal history information background check? Yes (__) No (__).
“Have you ever been convicted of a crime? Yes (__) No (__). If yes, state the date, crime, location, punishment imposed, and whether the victim was a child or an elderly or disabled individual.
” ____________________________
” ____________________________
“Date __________ Signature __________________.”
(b) An individual who fails or refuses to provide a statement shall not be employed, allowed to work or volunteer, or issued a license or approval as defined in this chapter. Upon receipt of a signed criminal history statement which does not indicate conviction for a crime prohibiting employment under the suitability criteria, an employer, including the Department of Human Resources, may employ an applicant or allow a volunteer or contract provider to work provisionally pending receipt of a suitability determination from the Department of Human Resources.
(c) No later than the five business days after employment or a reasonable time after completion of application for a license or approval, an employer, the Department of Human Resources, or child placing agency shall mail or deliver a request for a criminal history background information check to the Alabama State Law Enforcement Agency accompanied by all of the following:
(1) Two complete sets of fingerprints, properly executed by a law enforcement agency or an individual properly trained in fingerprinting techniques.
(2) Written consent from the applicant, employee, or volunteer for the release of the criminal history background information to the Department of Human Resources.
(3) The fee.
(d) Upon receipt of a suitability determination from the Department of Human Resources that a person or entity is suitable for employment, volunteer work, licensure, or approval based on the criminal history background information check, an employer, a child care facility, adult care facility, a child placing agency, or the Department of Human Resources may make its own determination of employment, licensure, or approval. This chapter shall not create any right to employment, work, approval, or licensure. Upon receipt of a determination from the Department of Human Resources that an individual is unsuitable for employment, licensure, approval, or volunteer work, an employer, the child care facility, adult care facility, child placing agency, or Department of Human Resources shall terminate the individual from employment or volunteer work or shall not employ or use the individual. Termination of employment may be delayed by the employer to allow the individual to challenge either the accuracy or completeness of the criminal history information background report or the suitability determination made by the Department of Human Resources. The Department of Human Resources or child placing agency shall suspend or revoke a license or approval or deny a license or approval application to an individual receiving an unsuitability determination. As an alternative to termination of employment, the Department of Human Resources may transfer a permanent Merit System employee to an available position for which the employee is qualified where unsupervised access to children, the elderly, or persons with disabilities shall not be an essential function of the job.
(e) If a review of a criminal history background information check or other information received reveals that the person has submitted false information, the employer, child care facility, adult care facility, child placing agency, or Department of Human Resources may terminate the employee or volunteer. The Department of Human Resources or child placing agency may revoke the approval or license of a person or entity when the person or entity submits false information in a review of criminal history background information check or other information. The Department of Human Resources shall be notified of the false information and may refer the case to an appropriate law enforcement agency or district attorney for investigation and prosecution.
(f) Unless otherwise provided in this chapter, only one criminal history background information check shall be required on an individual regardless of subsequent changes in employment or licensing or approval status. Subsequent criminal history background information checks may be conducted by the employer or licensing or approval entity. The licensing or approval entity shall pay the cost for subsequent criminal history background information checks. If the statement signed by the applicant or employee states that a criminal history background information check has been performed and suitability determination issued on the individual pursuant to this chapter, the employer or licensing agency may request at the time of application only a suitability determination from the Department of Human Resources on the check previously performed, within five business days of employment, or completion of license or approval application, submitting the same kind of information and consent for the request for suitability determination as required by the written consent for a criminal history background information check.
","history":"(Act 2000-775, p. 1775, §4; Act 2012-55, p. 92, §1; Act 2015-463, p. 1506, §1; Act 2019-322, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37068,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36012,"codeId":30126,"versionId":24756,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-5","shortTitle":"Section 38-13-5","catchLine":"Additional Requirements.","title":"Section 38-13-5 Additional Requirements.","sectionRange":null,"content":"(a) An applicant, licensee, volunteer, or employee, upon request, shall submit the following items:
(1) Two functional, acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a law enforcement agency or individual properly trained in fingerprinting techniques.
(2) Written consent authorizing the release of any criminal history background information to the Department of Human Resources.
(3) A written statement signed by the applicant, volunteer, or employee indicating whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions. The statement shall include a notice and questionnaire in the form required in subsection (a) of Section 38-13-4.
(4) The fee of an applicant.
(b) An applicant, licensee, volunteer, or employee shall notify the prospective or current employer, licensing agency, or entity for whom volunteer work is being performed of any criminal convictions occurring subsequent to the date of completion of the notice in Section 38-13-4.
","history":"(Act 2000-775, p. 1775, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37069,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36013,"codeId":30127,"versionId":24758,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-6","shortTitle":"Section 38-13-6","catchLine":"Fees.","title":"Section 38-13-6 Fees.","sectionRange":null,"content":"(a) A nonrefundable fee to be paid for the criminal history background information check shall conform to the guidelines promulgated pursuant to 42 U.S.C. § 5119, the National Child Protection Act of 1993, and state law.
(b) The Department of Public Safety may charge a fee in the amount prescribed in Section 32-2-61, of Title 32, for the cost of processing the request. The Department of Public Safety shall charge no larger fee for requests than charged for requests received from those entities. The fee charged for criminal history background information checks shall not exceed the statutory and regulatory amounts set under existing guidelines and no additional administrative fees, except for the cost of mailings, shall be charged which would increase the cost of the criminal history background information check.
(c) An applicant for employment shall be responsible for the cost of the criminal history background information check. An applicant shall not be required to pay the fee until the prospective employing entity is prepared to consider the applicant and request a criminal history background information check. The chief executive officer of the prospective employing entity may pay the fee of an applicant.
(d) For any volunteer or applicant for a volunteer position, the fee for the criminal history background information check may be paid by the volunteer or by the entity requesting volunteer work.
(e) An applicant for a license or approval shall pay the fee for the criminal history background information check at the time the application for the license is submitted; except as provided herein, the Department of Human Resources may pay the fee for adult and child foster care applicants and child adoption applicants.
(f) For an employing entity that requests a criminal history background information check on a current employee, the employing entity shall pay the fee for the criminal history background information check. The employee may be required to pay the fee or a portion thereof provided there shall be no violation of federal minimum wage requirements.
(g) A fee paid for which a criminal history background information check is not performed shall be refunded to the applicant, the individual, or the entity requesting the criminal history background information check.
","history":"(Act 2000-775, p. 1775, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37070,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36014,"codeId":30128,"versionId":34381,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-7","shortTitle":"Section 38-13-7","catchLine":"Duties of Departments of Public Safety and Human Resources; Review of Determinations.","title":"Section 38-13-7 Duties of Departments of Public Safety and Human Resources; Review of Determinations.","sectionRange":null,"content":"(a) Criminal history background information checks shall be performed by the Department of Public Safety upon request by an employer, child care facility, adult care facility, or child placing agency authorized to make a request, or the Department of Human Resources. The Department of Public Safety shall provide a criminal history background check within a reasonable time of the receipt of the request. National criminal history background checks shall be requested by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable time of the request. The Department of Public Safety, upon receipt of the criminal history background report from the Federal Bureau of Investigation, shall forward the report to the Department of Human Resources within a reasonable period.
(b) Criminal history background information reports shall be sent from the Department of Public Safety to the Department of Human Resources, directly or through its designated agent, within a reasonable time from the receipt of the report from the Federal Bureau of Investigation. A copy of a criminal history report from the Department of Public Safety and the Federal Bureau of Investigation that contains potentially disqualifying crimes or disqualifying crimes shall be sent by the Department of Human Resources to the applicant or employee by certified mail . The Department of Human Resources shall review the criminal history record information report and other information received and determine whether the applicant, employee, or volunteer meets the suitability criteria for employment or licensure based on the criminal history background information check. The Department of Human Resources shall issue a written suitability determination to the applicant or employee and to the licensing entity or chief executive officer of the child care facility or adult care facility requesting the criminal history background information check. The Department of Public Safety shall notify the Department of Human Resources of arrests or convictions entered into the automated system subsequent to the initial report, for a crime committed by an individual for whom a criminal history background information report has been previously requested, regardless of the existence, or lack thereof, of a criminal history at the time of submission for a criminal history background information check pursuant to this chapter. The Alabama Criminal Justice Information Center shall notify the Department of Public Safety which shall notify the Department of Human Resources of the arrest or conviction information for applicants that receive name-based criminal history background information checks. The Department of Human Resources shall include the arrests or convictions in an amended or subsequent suitability determination.
(c) A person may contest the accuracy or completeness of the Alabama criminal history background information check pertaining to him or her with the Department of Public Safety according to procedures established by that agency. The person or his or her legal counsel may review at the Department of Human Resources a copy of the Alabama criminal history background information report from the Department of Public Safety. If, upon review by the Department of Public Safety, the information is determined to be incorrect or incomplete, the information shall be corrected appropriately, and the Department of Human Resources shall be provided with the corrected information.
(d) The Department of Human Resources shall issue a suitability determination and maintain a confidential file on individuals for whom a criminal history background information report or report updates have been received. The Department of Human Resources may issue a suitability determination based upon the criminal history report on file without the requirement of a new criminal history background information check. If no report or if only an incomplete criminal history report can be located in the files of the Department of Human Resources, the individual shall be required to submit to a new criminal history background information check.
(e) Within 30 days of the date of notification, an individual determined to be unsuitable for approval, licensure, employment, or volunteer work by the Department of Human Resources based upon a disqualifying conviction may request in writing reversal of the determination of unsuitability if the conviction is not for a sex crime or a crime committed against a child, an elderly individual, or an individual with disabilities. An individual with a conviction excluded by federal law from being approved as a foster or adoptive parent, as any other child care or adult care provider, or volunteer may not be considered for reinstatement.
(f) Notwithstanding subsection (e), the following shall apply to requests for reversal of the determination of unsuitability:
In the case of a felony conviction, 10 years shall have lapsed since the sentence was served or the probation or parole ended, whichever is later, with no subsequent conviction. In the case of a misdemeanor conviction, five years shall have lapsed since the sentence was served, or the probation or parole ended, whichever is later, with no subsequent conviction. In addition to the foregoing, the individual shall affirmatively demonstrate to the Department of Human Resources successful rehabilitation by clear and convincing evidence. In determining whether an individual has affirmatively demonstrated successful rehabilitation, all of the following shall be considered:
(1) Nature and responsibility of the position which the convicted person would hold or has held.
(2) Nature and seriousness of the offense committed.
(3) Circumstances under which the offense occurred.
(4) Date of the offense.
(5) Age of the person when the offense was committed.
(6) Whether the offense was an isolated or repeated incident.
(7) Social conditions which may have contributed to the offense.
(8) An available probation or parole record, report, or recommendation.
(9) Evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors.
(g) The Department of Human Resources and the Department of Public Safety may adopt rules and regulations to implement the procedures and requirements of this chapter pursuant to the Administrative Procedure Act, Section 41-22-1, et seq.
","history":"(Act 2000-775, p. 1775, §7; Act 2012-55, p. 92, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37071,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36015,"codeId":30129,"versionId":24759,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-8","shortTitle":"Section 38-13-8","catchLine":"Confidentiality and Disclosure of Reports.","title":"Section 38-13-8 Confidentiality and Disclosure of Reports.","sectionRange":null,"content":"(a) All reports of criminal history background information received by the Department of Human Resources from the Department of Public Safety shall be confidential and marked confidential with no further disclosure and shall not be made available for public inspection.
(b) All criminal history background information reports shall be excluded from any requirement of public disclosure as a public record.
(c) Without additional public disclosure, the following release of the criminal history background information report shall not be construed to violate this section:
(1) Showing the report to the applicant or current employee.
(2) Release of the report to a court of competent jurisdiction in the event of litigation brought by the applicant or employee.
(3) Release of the report to a court of competent jurisdiction upon a finding that the information is material to the issues of the case before the court.
(4) Use of the report in preparation, investigation, and presentation during a criminal prosecution, or in any administrative proceeding involving the challenge to a suitability determination, or revocation of a license or denial of an application for a license by the Department of Human Resources.
(5) Release to anyone with the written consent of the employee or volunteer.
(d) A person having access to criminal history background information reports and releasing the reports pursuant to this chapter shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. §5119, et seq.
(e) Nothing in this chapter shall be construed to prohibit the distribution of employment or licensing status information to an interested party.
","history":"(Act 2000-775, p. 1775, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37072,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36016,"codeId":30130,"versionId":24760,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-9","shortTitle":"Section 38-13-9","catchLine":"Violations.","title":"Section 38-13-9 Violations.","sectionRange":null,"content":"(a) A person convicted of the following actions under this chapter shall be guilty of a Class A misdemeanor:
(1) Violating the confidentiality of records.
(2) Violating lawfully adopted policies pursuant to this chapter.
(3) Knowingly, willfully, and intentionally making or transmitting a false or misleading report or information concerning past convictions as required under this chapter.
(4) Knowingly, willfully, and intentionally failing to report subsequent convictions as required by this chapter.
(b) A person who knowingly submits false information concerning past convictions on an application for employment or other form required for disclosure of criminal convictions may be subject to loss of employment and to the loss of any license issued by the Department of Human Resources or child placing agency.
","history":"(Act 2000-775, p. 1775, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37073,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36017,"codeId":30131,"versionId":24761,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-10","shortTitle":"Section 38-13-10","catchLine":"No Cause of Action Established; Immunity Not Waived.","title":"Section 38-13-10 No Cause of Action Established; Immunity Not Waived.","sectionRange":null,"content":"Nothing in this chapter is intended to create or establish new causes of action in any court. Nothing in this chapter shall be construed as a waiver of any sovereign or qualified immunity.
","history":"(Act 2000-775, p. 1775, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37074,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36018,"codeId":30132,"versionId":24762,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-11","shortTitle":"Section 38-13-11","catchLine":"Disposition of Fees.","title":"Section 38-13-11 Disposition of Fees.","sectionRange":null,"content":"All fees received by the Department of Public Safety for criminal history background information checks conducted pursuant to this chapter shall be deposited to the Public Safety Automated Fingerprint Identification System Fund, to be appropriated to and expended by the Department of Public Safety in accordance with Section 32-2-61.
","history":"(Act 2000-775, p. 1775, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37075,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36019,"codeId":30133,"versionId":24763,"parentId":30121,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-13-12","shortTitle":"Section 38-13-12","catchLine":"Construction.","title":"Section 38-13-12 Construction.","sectionRange":null,"content":"This chapter is supplementary and shall be construed in pari materia with other laws; provided, however, that to the extent that this chapter specifically conflicts with other laws pertaining to criminal history background information checks, this law shall take precedence. Nothing contained in this chapter shall be construed to diminish, reduce, or conflict with the authority of the Department of Human Resources to interpret and apply appropriate federal and state laws governing that agency and its programs.
","history":"(Act 2000-775, p. 1775, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37076,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36020,"codeId":41625,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"14","shortTitle":"Chapter 14","catchLine":"Individual Development Account Program.","title":"Chapter 14 Individual Development Account Program.","sectionRange":"§38-14-1 to §38-14-11","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37077,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36021,"codeId":41626,"versionId":33905,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-1","shortTitle":"Section 38-14-1","catchLine":"Definitions.","title":"Section 38-14-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following terms shall have the following meanings:
(1) DEPARTMENT. The Department of Human Resources.
(2) ELIGIBLE INDIVIDUAL or FAMILY MEMBER. A person whose household income is equal to or less than 80 percent of the median household income for the state or less than 200 percent of the federal poverty guidelines, whichever is greater.
(3) EMERGENCY. Payments for necessary medical expenses of the account owner or family member, expenses to avoid the eviction of the account owner from the account owner’s primary residence, and for necessary living expenses following a loss of income
(4) FIDUCIARY ORGANIZATION. Any nonprofit, fund-raising organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended; any certified community development financial institution; any credit union chartered under federal or state law; or any Indian tribe as defined in Section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. §4103(12)), and includes any tribal subsidiary, subdivision, or wholly owned tribal entity.
(5) FINANCIAL INSTITUTION. A federally insured bank, trust company, savings bank, building and loan association, savings and loan company or association, or credit union authorized to do business in this state.
(6) INDIVIDUAL DEVELOPMENT ACCOUNT. An account established for an eligible individual or family member as part of a qualified individual development account program with the following requirements:
a. The sole owner of the account is the individual or family member for whom the account was created.
b. The holder of the account is a qualified financial institution.
c. The assets of the account may not be commingled with other property except in a common trust fund or common investment fund.
d. Any amount in the account shall be paid out only for the qualified purposes of the account owner, except if it meets the qualifications of an emergency use.
(7) PARALLEL ACCOUNT. A separate parallel account for all matching funds and earnings dedicated to individual development account owners, the sole holder of which is a qualified financial institution, a qualified fiduciary organization, or an Indian tribe.
(8) QUALIFIED PURPOSES. The use of the account owner’s accumulated savings and matching funds for any of the following purposes:
a. Securing postsecondary education, including, but not limited to, community college courses, courses at a four-year college or university, or postcollege, graduate courses for the account owner or any member of the account owner’s family.
b. Securing postsecondary occupational training, including, but not limited to, vocational or trade school training for the account owner or any training authorized under the Workforce Investment Act through the Department of Economic and Community Affairs.
c. Purchasing a home for the first time, defined as not being named on a legally registered home ownership title for a minimum of 36 months.
d. Costs for major repairs or improvement to a primary residence.
e. Business capitalization.
f. Purchasing of an automobile necessary to transport the account owner or family member to a place of employment or education.
g. Assistive technology for people with disabilities.
h. Any other activity based on a plan approved by the department.
","history":"(Act 2011-641, p. 1626, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37078,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36022,"codeId":41627,"versionId":33906,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-2","shortTitle":"Section 38-14-2","catchLine":"Establishment of Account.","title":"Section 38-14-2 Establishment of Account.","sectionRange":null,"content":"A person who is eligible to become an individual development account owner may enter into an agreement developed with a fiduciary organization for the establishment of an individual development account. The agreement shall provide for the amount of the savings deposits, the match fund rate, the asset goal, and the financial literacy classes to be completed, any additional training specific to the asset, and financial counseling the individual will attend, as well as other services designed to increase the independence of the person through the achievement of the account’s approved purpose.
","history":"(Act 2011-641, p. 1626, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37079,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36023,"codeId":41628,"versionId":33907,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-3","shortTitle":"Section 38-14-3","catchLine":"Matching Funds.","title":"Section 38-14-3 Matching Funds.","sectionRange":null,"content":"Once the account owner has saved for a minimum of six months, has reached his or her savings goal, and has fulfilled all financial literacy education components in accordance with federal guidelines, the appropriate matching funds shall be transferred from the parallel account directly to the vendor or service provider of the approved asset.
","history":"(Act 2011-641, p. 1626, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37080,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36024,"codeId":41629,"versionId":33908,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-4","shortTitle":"Section 38-14-4","catchLine":"Withdrawals and Reimbursements.","title":"Section 38-14-4 Withdrawals and Reimbursements.","sectionRange":null,"content":"(a) If an emergency occurs, an account owner may withdraw all or part of the account owner’s deposits to an individual development account with the approval of the fiduciary organization.
(b) The account owner shall reimburse his or her individual development account for the amount withdrawn under this section within 12 months after the date of the withdrawal. Failure of the account owner to make a timely reimbursement to the account will remove the account owner from the Individual Development Account Program. Until the reimbursement has been made in full, an account owner may not withdraw any matching funds or accrued interest on matching funds from the account.
(c) If an account owner withdraws money from an individual development account for other than a qualified purpose, the fiduciary organization shall remove the account owner from the program.
","history":"(Act 2011-641, p. 1626, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37081,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36025,"codeId":41630,"versionId":33909,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-5","shortTitle":"Section 38-14-5","catchLine":"Financial Literacy Education.","title":"Section 38-14-5 Financial Literacy Education.","sectionRange":null,"content":"Before becoming eligible to receive matching funds to pay for qualified purposes, individual development account owners shall complete a financial literacy education course offered by a qualified financial institution, a qualified fiduciary organization, an Indian tribe, or a governmental entity in accordance with federal guidelines.
","history":"(Act 2011-641, p. 1626, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37082,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36026,"codeId":41631,"versionId":33910,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-6","shortTitle":"Section 38-14-6","catchLine":"Source of Deposits; Limitations on Deposits.","title":"Section 38-14-6 Source of Deposits; Limitations on Deposits.","sectionRange":null,"content":"(a) Deposits to individual development accounts made by the account owner shall come from earned income, including, but not limited to, wages, earned income tax credit returns, child support payments, supplemental security income (SSI), disability benefits, community service under TANF, AmeriCorps stipends, VISTA stipends, and job training programs.
(b) Eligible individuals shall certify that their deposits do not exceed their income. A cap on deposits made by the account owner is set at two thousand dollars ($2,000).
","history":"(Act 2011-641, p. 1626, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37083,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36027,"codeId":41632,"versionId":33911,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-7","shortTitle":"Section 38-14-7","catchLine":"Exclusion from Gross Income.","title":"Section 38-14-7 Exclusion from Gross Income.","sectionRange":null,"content":"Money deposited into individual development accounts shall not be included in gross income for income tax purposes. Any amount withdrawn from a parallel account, matching funds, may not be includable in an eligible individual’s gross income. Money withdrawn from an individual development account shall only be included in gross income if used for a purpose other than a qualified purpose.
","history":"(Act 2011-641, p. 1626, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37084,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36028,"codeId":41633,"versionId":33912,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-8","shortTitle":"Section 38-14-8","catchLine":"Selection of Fiduciary Organizations.","title":"Section 38-14-8 Selection of Fiduciary Organizations.","sectionRange":null,"content":"The department shall select fiduciary organizations through competitive processes. In making the selections, the department may consider factors including, but not limited to, the following:
(1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account owner eligibility, certify that matching funds are used only for qualified purposes, and exercise general fiscal accountability.
(2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account owners.
(3) The capacity of the fiduciary organization to provide, or to arrange for the provisions of, financial counseling, financial literacy education and training specific to the assets the account owners will be purchasing, and other related services to account owners.
(4) The links the fiduciary organization has to other activities and programs designed to increase the independence of this state’s low-income households and individuals through education and training, home ownership, small business capitalization, and other asset-building programs.
(5) The feasibility of the fiduciary organization’s program design, including match rates and savings goals, to lead to asset purchase.
","history":"(Act 2011-641, p. 1626, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37085,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36029,"codeId":41634,"versionId":33913,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-9","shortTitle":"Section 38-14-9","catchLine":"Administration of Accounts.","title":"Section 38-14-9 Administration of Accounts.","sectionRange":null,"content":"(a) Subject to rules promulgated by the department, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to all eligible individuals and families, soliciting matching funds, counseling account owners, providing financial literacy education, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account owner compliance with this chapter.
(b) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, corporations, nonprofit organizations, community action programs, community development corporations, housing authorities and faith-based entities, to assist in the fulfillment of its responsibilities under this chapter.
(c) A fiduciary organization may use a reasonable portion of money allocated by the Legislature to the Individual Development Account Program for administration, operation and research, and evaluation purposes. A fiduciary organization may not expend more than 15 percent of allocated funds for those purposes.
(d) A fiduciary organization selected by the department to administer funds allocated by the State of Alabama for Individual Development Account purposes shall provide the department an annual report based on regularly collected data of the fiduciary organization’s Individual Development Account Program activity. The report shall be filed not later than 90 days after the end of the fiscal year. The report shall include, but is not limited to, the following:
(1) The number of individual development accounts administered by the fiduciary organization.
(2) The amount of deposits and matching funds for each account.
(3) The asset purchase goal of each account.
(4) The number of withdrawals made.
(5) Any other information the department may require for the purpose of determining whether the Individual Development Account Program is achieving the purposes for which it was established.
(e) The department shall make all reasonable and necessary rules to ensure the fiduciary organization’s compliance with this chapter.
(f) Financial institutions holding individual development accounts, at a minimum, shall:
(1) Keep the account in the name of the account owner.
(2) Permit deposits to be made in the account.
(3) Require the account to earn a market rate of interest.
(4) Maintain the individual development accounts as fee free.
(5) Permit the account owner, after obtaining the written authorization of the fiduciary organization, to withdraw money from the account for any qualified purpose.
","history":"(Act 2011-641, p. 1626, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37086,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36030,"codeId":41635,"versionId":33914,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-10","shortTitle":"Section 38-14-10","catchLine":"Eligibility for Means-Tested Public Benefits.","title":"Section 38-14-10 Eligibility for Means-Tested Public Benefits.","sectionRange":null,"content":"(a) An account owner’s savings and matching funds shall not affect his or her eligibility for any means-tested public benefits, including, but not limited to, Medicaid, state children’s health insurance programs, TANF, Supplemental Nutrition Assistance Program, supplemental security income, or government-subsidized foster care and adoption payments, and child care or housing payments.
(b) Funds deposited in individual development accounts shall not be counted as income, assets, or resources of the account owner for the purpose of determining financial eligibility for assistance or service pursuant to any federal, federally assisted, state, or municipal program based on need.
","history":"(Act 2011-641, p. 1626, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37087,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36031,"codeId":41636,"versionId":33915,"parentId":41625,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-14-11","shortTitle":"Section 38-14-11","catchLine":"Funding.","title":"Section 38-14-11 Funding.","sectionRange":null,"content":"The department shall not be obligated to fund individual development parallel accounts or be obligated to enter into contracts with fiduciary organizations unless the Legislature appropriates funding to the department for the establishment of an Individual Development Account Program, nor shall the department be obligated to spend funds on an Individual Development Account Program above the amount appropriated by the Legislature for such a program.
","history":"(Act 2011-641, p. 1626, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37088,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36032,"codeId":49039,"versionId":null,"parentId":38,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"15","shortTitle":"Chapter 15","catchLine":"Alabama Youth Residential Facility Abuse Prevention Act","title":"Chapter 15 Alabama Youth Residential Facility Abuse Prevention Act","sectionRange":"§38-15-1 to §38-15-9","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37089,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36033,"codeId":49040,"versionId":41272,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-1","shortTitle":"Section 38-15-1","catchLine":"Short Title.","title":"Section 38-15-1 Short Title.","sectionRange":null,"content":"This chapter shall be known and may be cited as the Alabama Youth Residential Facility Abuse Prevention Act.
","history":"(Act 2017-374, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37090,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36034,"codeId":49041,"versionId":41273,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-2","shortTitle":"Section 38-15-2","catchLine":"Legislative Findings.","title":"Section 38-15-2 Legislative Findings.","sectionRange":null,"content":"The Legislature finds that there is a substantial need to protect children and youth from abuse and neglect by persons entrusted with their physical custody, and from persons or organizations that advertise, hold themselves out, or lead others to believe that they will provide them with health, therapeutic, rehabilitative, or disciplinary services, and from persons employed or exercising authority over them, and who they depend upon to provide the basic necessities of life. The Legislature further finds that abuse and neglect often take the form of the withholding of the basic necessities of life, including food, water, shelter, clothing, and health care through an affirmative act or omission. It is the intent of the Legislature to implement a baseline of registration and regulation requirements for religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated youth residential facilities and institutions that have previously been exempt, and that criminal penalties be imposed on any individual guilty of the abuse or neglect of a child through an act or omission in association with services provided by such an institution. The Legislature further finds and declares the following:
(1) For several years, religious, faith-based, and church nonprofit, other nonprofit, and for profit residential affiliated facilities, institutions, and programs intended to be a less restrictive option for treatment of children and youth with substantial behavioral issues have been established nationwide, with numerous allegations of abuse and neglect, some resulting in death.
(2) There are currently religious, faith-based, or church nonprofit, other nonprofit, and for profit affiliated youth residential facilities, institutions, and programs operating in Alabama that are exempt from registration and regulation by the State Department of Human Resources.
(3) These facilities, institutions, and programs are owned and operated by for profit, or nonprofit organizations defined in Section 501(c)(3) of the Internal Revenue Code.
(4) These facilities, institutions, and programs advertise, both in state and out of state, that they provide services for youth with behavioral or other issues to individuals who may feel they have no other option.
(5) Victims of abuse and neglect of these organizations nationwide have formed organizations to expose the trauma, abuse, and neglect they experienced while residents at or in these institutions, facilities, and programs.
(6) Students and youth subject to enrollment or attendance of these facilities have experienced a host of other problems associated with the trauma, abuse, and neglect experienced at these institutions, facilities, and programs.
(7) There is a lack of accountability regarding the existence and status of children that are enrolled in or housed at these institutions and facilities being residents of both this state and other states.
(8) The states reserve the power to establish and enforce laws protecting the welfare, safety, and health of the public.
(9) It is the duty of the Legislature to ensure proper licensing and regulation of residential facilities for the protection and care of all citizens.
(10) It is the intent of the Legislature that the state require registration of religious, faith-based, or church nonprofit, other nonprofit, and for profit residential institutions, alternative boarding schools, and outdoor programs that house or contain children or youth for a period over 24 hours to provide counseling, therapeutic, disciplinary, or educational services when long-term on site residency of children is required.
","history":"(Act 2017-374, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37091,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36035,"codeId":49042,"versionId":41274,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-3","shortTitle":"Section 38-15-3","catchLine":"Definitions.","title":"Section 38-15-3 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following terms shall have the following meanings:
(1) CHILD. A person under the age of 18 years.
(2) COMMUNITY TREATMENT FACILITY FOR YOUTHS. A religious, faith-based, or church nonprofit, other nonprofit, or for profit youth residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment.
(3) DEPARTMENT. The State Department of Human Resources.
(4) DIRECTOR. The Director of the State Department of Human Resources.
(5) LONG TERM YOUTH RESIDENTIAL FACILITY. A religious, faith-based, or church nonprofit, other nonprofit, or for profit long term residential facility, group care facility, or similar facility as determined by the director, providing 24-hour nonmedical care of youth in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the child and others and that has the capacity to provide secure containment.
(6) PRIVATE ALTERNATIVE BOARDING SCHOOL. A religious, faith-based, or church nonprofit, other nonprofit, or for profit group home that provides children with 24-hour residential care and supervision, which, in addition to providing educational services, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues and that has the capacity to provide secure containment.
(7) PRIVATE ALTERNATIVE OUTDOOR PROGRAM. A religious, faith-based, or church nonprofit, other nonprofit, or for profit group home or residential facility that provides children with 24-hour residential care and supervision, which provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to children with social or behavioral issues and that has the capacity to provide secure containment or prohibits children from freely leaving the area of operations for the program.
(8) RESTRICTIVE BEHAVIOR PRACTICES. Any institutional practice or procedure that involves assisting a child in gaining control of his or her behavior, protects a child from self-harm, protects other children or staff members, or prevents the destruction of property.
(9) YOUTH SOCIAL REHABILITATION FACILITY. A religious, faith-based, or church nonprofit, other nonprofit, or for profit residential facility that provides 24-hour nonmedical social rehabilitation services in a group setting to children recovering from mental illness or substance abuse who are in need of temporary assistance, guidance, or counseling and that has the capacity to provide secure containment.
(10) YOUTH TRANSITIONAL CARE FACILITY. A religious, faith-based, or church nonprofit, other nonprofit, or for profit group care facility that provides 24-hour nonmedical care of children in need of professional services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual or others and that have the capacity to provide secure containment.
","history":"(Act 2017-374, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37092,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36036,"codeId":49043,"versionId":41275,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-4","shortTitle":"Section 38-15-4","catchLine":"Registration of Certain Youth Residential Institutions or Organizations; Staff Training Plans; Rights of Children; Licensing and Inspection of Food Preparation Areas; Access by Law Enforcement Agencies.","title":"Section 38-15-4 Registration of Certain Youth Residential Institutions or Organizations; Staff Training Plans; Rights of Children; Licensing and Inspection of Food Preparation Areas; Access by Law Enforcement Agencies.","sectionRange":null,"content":"(a) Commencing on January 1, 2018, the department shall register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility for youths, youth transitional care facility, long term youth residential facility, private alternative boarding school, private alternative outdoor program, and any organization entrusted with the residential care of children in any organizational form or combination defined by this section, whenever children are housed at the facility or location of the program for a period of more than 24 hours. At a minimum, registered youth residential institution or organization under this section shall do all of the following:
(1) Be owned and operated on a for profit or nonprofit basis.
(2) Prepare and maintain a current, written plan of operation, as defined by the department.
(3) Offer 24-hour, nonmedical care and supervision to youth who are voluntarily admitted by a parent or legal guardian, or referred by a court.
(4) Admit only children 12 years of age or older.
(5) Provide written notification on a standard form to the department or local county Department of Human Resources office where the facility is located within 48 hours of the arrival, enrollment, or admittance of any child to the institution, facility, or program as directed by the department.
(6) Have a ratio of one staff person to every four youths.
(7) Provide each prospective youth and his or her parent or legal guardian with an accurate written description of the programs and services to be provided while the child is a resident at the facility. If it advertises or promotes special care, programs, or environments for persons with behavioral, emotional, substance abuse, or social challenges, the written description shall include how its programs and services are intended to achieve the advertised or promoted claims.
(8) Ensure that all individuals providing mental health or behavioral-based services to youth at the facility are licensed or certified by the appropriate agency, department, or accrediting body, as specified by the department through agency rules.
(9) Prepare and implement a comprehensive health plan to ensure that each medical, dental, mental health, and other health needs of the child are met adequately and promptly.
(10) Explain its disciplinary practices individually with each child at the time the child is placed or enrolled in the institution, facility, or program.
(11) Obtain written consent for the use of any restrictive behavior management practice from the parents or legal guardian of the child.
(12) Not use secure containment or manual or mechanical restraints.
(13) Not allow the performance of any acts, tactics, techniques, or procedures for purposes of abusing, humiliating, degrading, isolating, or ostracizing a child from other children located or housed at the institution, facility, or program by any staff member or child.
(14) Not utilize restrictive behavior management practices as a means of punishment, for the convenience of staff members, or as a substitute for a treatment program.
(15) Ensure that each child is provided with three nutritious meals daily, either at the institution, facility, program operations site itself, or in the community.
(16) Select, store, prepare, and serve food in a sanitary and palatable manner.
(17) Ensure that every child is afforded the opportunity to participate freely in religious activities and or services in accordance with his or her own faith or with that of his or her parents.
(18) Maintain a bond or liability insurance of no less than five hundred thousand dollars ($500,000) per incident and show proof of the current status of the policy or bond prior to registration by the department.
(19) Include its facility, institution, or program registration number in all advertisements.
(20) Require that all employees of the facility or program undergo a child abuse and neglect clearance and a criminal background check prior to the approval of the registration of the facility or program and require that all employees obtain a criminal background check and child abuse and neglect clearance annually thereafter.
(21) Ensure that prior to employment, residence, or initial presence in the facility, institution, or with the program, all employees undergo a criminal background check.
(22) Maintain a smoke free environment in all buildings on the facility, institution, or program premises and in all vehicles used to transport children.
(23) Obtain a fire safety clearance approved by the local fire authority.
(24) If it offers access to, or holds itself out as offering access to, mental health services, ensure that those services are provided by a licensed mental health provider.
(25) If it advertises or includes in its marketing materials reference to providing alcohol or substance abuse treatment, ensure that the treatment is provided by a licensed or certified alcoholism or drug abuse recovery or treatment facility.
(26) Not admit a child who has been assessed by a licensed mental health professional as seriously emotionally disturbed, unless the child does not require care in a licensed health facility and the State Department of Mental Health has certified that the facility houses a program that meets the standards to provide mental health treatment services for a child having a serious emotional disturbance, as defined in Rule 290-8-9 of the Alabama Administrative Code.
(27) Immediately provide a written report on a standard form to the department and law enforcement agency of all fatalities and accidents requiring hospitalization or medical care by a physician occurring at the facility, institution, or program.
(28) Prohibit any staff member or child to possess any firearms, harmful chemicals, or other weapons within or on the grounds of the institution, facility, or program.
(b) Submit a staff training plan to the department as part of its plan of operation. In addition to the training required of facility, institutional, or program staff, the staff training plan shall include, but not be limited to, training in all of the following subject areas:
(1) Children’s rights, as described in subsection (c).
(2) Physical and psycho-social needs of youth.
(3) Appropriate responses to emergencies, including an emergency intervention plan.
(4) Laws and regulations pertaining to residential care and housing facilities for children.
(c)(1) Any child that is enrolled in or a resident of a religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility for youths, youth transitional care facility, long term youth residential facility, private alternative boarding school, private alternative outdoor program, and any organization entrusted with the residential care of children in any organizational form or combination defined by this section shall be afforded the following rights and any other rights adopted by the department through rule, which shall be publicly posted and accessible to youth:
a. To be afforded dignity in his or her personal relationships with staff, youth, and other persons.
b. To live in a safe, healthy, and comfortable environment where he or she is treated with respect.
c. To be free from physical, sexual, emotional, or other abuse or corporal punishment.
d. To be granted a reasonable level of personal privacy in accommodations, personal care and assistance, and visits.
e. To confidential care of his or her records and personal information, and to approve release of those records prior to the release of them, except as otherwise authorized or required by law.
f. To care, supervision, and services that meet his or her individual needs and that are delivered by staff who are sufficient in numbers, qualifications, and competency to meet his or her needs and ensure his or her safety.
g. To be served food and beverages of the quality and in the quantity necessary to meet his or her nutritional and physical needs.
h.1. To present grievances and recommend changes in policies, procedures, and services to the facility’s staff, management, and governing authority, or any other person without the possibility of restraint, coercion, discrimination, reprisal, threat, or other retaliatory actions.
2. To have the registered entity take prompt actions to respond to grievances presented pursuant to subparagraph 1.
i. To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
j. To be fully informed, as evidenced by the youth’s written acknowledgment, prior to, or at the time of, arrival or admission to the facility, institution, or program, of the rules governing the youth’s rights, conduct, and responsibilities.
k. To receive in the admission agreement information that details the planned programs and services for the youth.
l. To have his or her parents or legal guardians remove him or her from the facility at any time unless prevented from doing so by a court order.
m. To consent to have visitors or telephone calls during reasonable hours, privately and without prior notice, if the visitors or telephone calls do not disrupt planned activities and are not prohibited by court order or by the youth’s parent or legal guardian.
n. To be free of corporal punishment, excessive medication, physical restraints of any kind, and deprivation of basic necessities, unnecessary seclusion including education, as a punishment, deterrent, or incentive.
o. To be afforded the opportunity to enroll in, make progress toward, and complete a program leading to a General Education Development Certificate or other high school diploma equivalent upon being housed or located at the facility, institution, or program for a period of more than 30 days.
p. To have fair and equal access to all available services, placement, care, treatment, and benefits and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or physical condition.
q. To be free from abusive, humiliating, degrading, or traumatizing actions.
r. To be free to attend religious services of their choice.
s. Any other rights the department adopts by rule; however, the department is not responsible or liable for violation of the above rights, including acts or omissions by facility employees.
(2) This section shall not apply to any facility administered, operated, licensed, or certified by the State Department of Education, Department of Corrections, Department of Youth Services, the Military Department, state recognized military academies, institutes, or boot camps, the Alabama School of Mathematics and Science, Alabama School of Fine Arts, any state school for the deaf or blind, or any other governmental entity or to a school that does not require residency as requirement for services provided. This section further shall not apply to outdoor activities for youth designed to be primarily recreational or for entertainment, including, but not limited to, any camp inspected and permitted by the Alabama Department of Public Health, activities organized by Boy Scouts, Girl Scouts, Camp Fire, or other similar church sponsored organizations, or any camp exclusively serving children with a medical diagnosis for a physical condition or illness, or any runaway or homeless shelter, or any similar place that supplies room and or board only, provided that the resident is free to leave that facility by his or her own volition at any time.
(3) The Department of Public Health shall regularly license and inspect the food preparation areas of the facilities under this statute for health and safety purposes.
(4) Law enforcement agencies shall have access to the private property of the facilities under this statute in furtherance of their duties to investigate abuse or neglect, or for any other lawful purpose.
","history":"(Act 2017-374, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37093,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36037,"codeId":49044,"versionId":41276,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-5","shortTitle":"Section 38-15-5","catchLine":"Criminal Background Checks.","title":"Section 38-15-5 Criminal Background Checks.","sectionRange":null,"content":"Any employee, volunteer, or applicant for employment or for a volunteer position at or with any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility for youths, youth transitional care facility, long term youth residential facility, private alternative boarding school, private alternative outdoor program, and any organization entrusted with the residential care of children or youth in any organizational form or combination thereof defined by this section, or as defined by the department, shall be subject to a criminal background investigation prior to having unsupervised contact with the children in accordance with subdivision (1) of subsection (a) of Section 38-13-3.
","history":"(Act 2017-374, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37094,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36038,"codeId":49045,"versionId":41277,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-6","shortTitle":"Section 38-15-6","catchLine":"Fees.","title":"Section 38-15-6 Fees.","sectionRange":null,"content":"(a)(1) The department may charge a fee for the registration. The fee may be set by rule of the department and may be based on the type of facility and the capacity of the facility. After the initial registration approval, the department may charge a renewal fee annually on each anniversary of the effective date of the registration. The fees are for the purpose of administering the registration program and enforcing the requirements specified in this chapter and shall be set accordingly.
(2) The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the appropriate fee amounts are charged.
(b) In addition to fees established by the department, the department shall also charge the following fees:
(1) A fee in the amount of 50 percent of the established application fee when an existing registered entity moves a facility to a new physical address.
(2) A fee in the amount of 50 percent of the established application fee when a corporate registered entity changes the person having the authority to select a majority of the board of directors.
(3) A fee in the amount of fifty dollars ($50) when an existing registered entity seeks to either increase or decrease the approved capacity of the facility.
(4) An orientation fee of fifty dollars ($50) for attendance by any individual at a department-sponsored information or orientation session.
(5) A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a registered entity has been placed on probation as a result of an adjudication pursuant to the Administrative Procedure Act, Chapter 22, Title 41.
(6) A late fee that represents an additional 50 percent of the established current annual fee when any registered entity fails to pay the current annual registration fee on or before the due date as indicated by postmark on the payment.
(7) A fee to cover any costs incurred by the department for processing payments including, but not limited to, insufficient funds charges, charges for credit and debit transactions, and postage due charges.
(8) A plan of correction fee of at least two hundred dollars ($200) when any registered entity does not implement a plan of correction on or prior to the date specified by a corrective action plan issued to it by the department.
(9) Additional fees established by the department by rule as necessary to regulate registered entities for institutions and organizations subject to this chapter.
(c) The revenues collected from registration fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by entities registered under this chapter and to support operations of the registration program, including, but not limited to, monitoring facilities for compliance with registration laws and rules, and other administrative activities in support of the registration program. The revenues collected shall be used in addition to any other funds appropriated in the budget act in support of the registration program. The department shall adjust the fees collected pursuant to this section as necessary.
(d) The failure of an applicant or registrant to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of registration approval.
(e) Any fee or charge collected or any rule or standard implemented by the department pursuant to this chapter shall comply with the Alabama Administrative Procedure Act.
","history":"(Act 2017-374, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37095,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36039,"codeId":49046,"versionId":41278,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-7","shortTitle":"Section 38-15-7","catchLine":"Quarterly Inspections; Information Provided to Department; Information Provided to Parents, Guardians, Etc.","title":"Section 38-15-7 Quarterly Inspections; Information Provided to Department; Information Provided to Parents, Guardians, Etc.","sectionRange":null,"content":"(a) All youth residential facilities and organizations under this section shall be subject to a quarterly inspection by the department or its designee at a minimum and shall be responsible for providing necessary information as determined by the department to ensure the safety and welfare of residents. All youth residential facilities and organizations under this chapter shall provide at a minimum the following to the department upon request:
(1) The names of all children currently enrolled, registered, or housed at the facility or program.
(2) The names of all personnel currently employed or contracted for employment for or at the facility, institution, or program.
(3) The plan of operation, all written policies, procedures, and standard practices.
(4) The child-to-staff ratios.
(5) The staff qualifications and proof of training.
(6) Proof of the implementation of childrens’ needs and services plan.
(7) A written fire evacuation and natural disaster plan and maintain a record of routine drills of the plan.
(8) Proof of liability insurance with coverage of no less than the amount specified in subdivision (18) of subsection (a) of Section 38-15-4.
(9) Proof of immunization against disease of all children housed or contained at the facility or in the program with proof of exemption of a child due to parental beliefs, which exemption shall be permitted.
(b) All youth residential facilities and organizations under this section shall inform the parents or authorized guardian or adult representative of the child of their rights including the following at a minimum:
(1) To enter and inspect the facility, institution, or program as determined by law.
(2) To file a complaint against the registered entity with the department without discrimination against the parent or the child housed by or located at the facility or program.
(3) To view the child’s records associated with the facility, institution, or program including treatment, disciplinary, and other actions the department determines to be vital to his or her situational awareness as a parent or guardian.
(4) To review the registered entity’s public file at the appropriate department online site or physical location.
(5) To view the prominently displayed list of child or youth rights associated with this chapter or those enumerated per department rules.
(6) To view copies of any report that documents any finding of noncompliance by the department.
(7) To view copies of any documentation issued to the registered entity documenting the department’s intent to revoke the registration approval of the facility, institution, or program.
","history":"(Act 2017-374, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37096,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36040,"codeId":49047,"versionId":41279,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-8","shortTitle":"Section 38-15-8","catchLine":"Rulemaking Authority; Authority of Department to Act in Loco Parentis; Registration Approval Required; Performance of Services in Accordance with Religious Beliefs.","title":"Section 38-15-8 Rulemaking Authority; Authority of Department to Act in Loco Parentis; Registration Approval Required; Performance of Services in Accordance with Religious Beliefs.","sectionRange":null,"content":"(a) On or before January 1, 2018, the department shall adopt rules to implement this chapter, in consultation with interested parties, including representatives of any institution with any combination of organizational characteristics defined by this section, former residents of long-term youth residential facilities, advocates for youth, and private concerned parties. Until rules are adopted by the department and become effective any existing child or youth residential organization, facility, institution, boarding school, or program operating in this state shall be governed by the rules applicable to residential care facilities regulated by the Department of Human Resources pursuant to published minimum standards for residential child care facilities. Any institution, facility, or program subject to this chapter, operating prior to January 1, 2018, shall comply with the department’s registration requirements on or before July 1, 2017.
(b) The department may adopt emergency rules to implement this section.
(c) The department shall have the authority to act in loco parentis for any child covered under this section in need of immediate health, welfare, protective, or other critical services until that child’s parent or guardian can be contacted and is able to make those decisions in the interest of the child.
(d) No religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation facility, community treatment facility for youths, youth transitional care facility, long term youth residential facility, private alternative boarding school, private alternative outdoor program, and any organization entrusted with the residential care of children in any organizational form or combination defined by this section may operate in this state without a current registration approval from the department.
(e) Nothing in this section shall prohibit a religious, faith-based, or church nonprofit, other nonprofit, or for profit residential, rehabilitation, community treatment, transitional care facility, or private alternative boarding school or outdoor program that utilizes religious, prayer, or spiritual means as the basis for its program or services from providing those services in accordance with its religious beliefs. Any such facility or program shall include in its advertising that it bases its services or treatment on religious principles. Such facility or program shall provide to any applicant a detailed explanation of its faith-based programs. Such facility or program may require participants to participate in these programs, notwithstanding any other provision of this chapter. This chapter shall not give the department the authority to regulate or prohibit religious-based treatment; provided, however, the treatment shall not be used to violate or circumvent any of the other requirements of this chapter related to the physical safety and condition of any child or the condition of the facility.
(f) Nothing in this section shall prohibit a religious, faith-based, or church nonprofit, other nonprofit, or for profit residential, rehabilitation, community treatment, or transitional care facility, or a private alternative boarding school, or outdoor program that utilizes religious, prayer, or spiritual means as the basis for its services from providing those services in accordance with its religious beliefs.
(g) Nothing in this section shall give the department the authority to regulate or prohibit religious-based treatment or services, provided that, the treatment or services are not in violation of any requirements of this section as it relates to the safety and welfare of children.
(h) Nothing in this section shall be construed or interpreted to authorize any state agency to license or regulate a non-residential private, nonpublic, church or nonprofit school offering instruction in grades K-12, or any combination thereof, that houses or contains children or youth for a period of less than 24 hours.
","history":"(Act 2017-374, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37097,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36041,"codeId":49048,"versionId":41280,"parentId":49039,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"38-15-9","shortTitle":"Section 38-15-9","catchLine":"Construction of Chapter.","title":"Section 38-15-9 Construction of Chapter.","sectionRange":null,"content":"This chapter shall not be interpreted to supersede any other law requiring the reporting or investigation of child abuse or neglect.
","history":"(Act 2017-374, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37098,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36042,"codeId":39,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"39","shortTitle":"Title 39","catchLine":"Public Works.","title":"Title 39 Public Works.","sectionRange":null,"content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37099,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36043,"codeId":10771,"versionId":null,"parentId":39,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"General Provisions.","title":"Chapter 1 General Provisions.","sectionRange":"§39-1-1 to §39-1-5","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37100,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36044,"codeId":10772,"versionId":50022,"parentId":10771,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-1-1","shortTitle":"Section 39-1-1","catchLine":"Performance Bonds for Public Works; Payment Bonds; Civil Actions; Notice of Completion of Project; Final Settlement.","title":"Section 39-1-1 Performance Bonds for Public Works; Payment Bonds; Civil Actions; Notice of Completion of Project; Final Settlement.","sectionRange":null,"content":"(a) Any person entering into a contract with an awarding authority in this state for the prosecution of any public works, before commencing the work, shall execute a performance bond, with penalty equal to 100 percent of the amount of the contract price. In addition, another bond, payable to the awarding authority letting the contract, shall be executed in an amount not less than 50 percent of the contract price, with the obligation that the contractor or contractors shall promptly make payments to all persons supplying labor, materials, or supplies for or in the prosecution of the work provided in the contract and for the payment of reasonable attorney fees incurred by successful claimants or plaintiffs in civil actions on the bond.
(b) Any person that has furnished labor, materials, or supplies for or in the prosecution of a public work and payment has not been made may institute a civil action upon the payment bond and have their rights and claims adjudicated in a civil action and judgment entered thereon. Notwithstanding the foregoing, a civil action shall not be instituted on the bond until 45 days after written notice to the surety of the amount claimed to be due and the nature of the claim. The civil action shall be commenced not later than one year from the date of final settlement of the contract. The giving of notice by registered or certified mail, postage prepaid, addressed to the surety at any of its places of business or offices shall be deemed sufficient under this section. In the event the surety or contractor fails to pay the claim in full within 45 days from the mailing of the notice, then the person or persons may recover from the contractor and surety, in addition to the amount of the claim, a reasonable attorney fee based on the result, together with interest on the claim from the date of the notice.
(c) Every person having a right of action on the last described bond as provided in this section, upon written application to the authority under the direction of whom the work has been prosecuted, indicating that labor, material, foodstuffs, or supplies for the work have been supplied and that payment has not been made, shall be promptly furnished a certified copy of the additional bond and contract. The claimant may bring a civil action in the claimant’s name on the bond against the contractor and the surety, or either of them, in the county in which the work is to be or has been performed or in any other county where venue is otherwise allowed by law.
(d) In the event a civil action is instituted on the payment bond, at any time more than 15 days before the trial begins, any party may serve upon the adverse party an offer to accept judgment in favor of the offeror or to allow judgment to be entered in favor of the offeree for the money or as otherwise specified in the offer. If within 10 days after the service of the offer, the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service and the clerk of the court shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence of the offer shall not be admissible. If the judgment finally obtained by the offeree is less favorable than the offer, the offeree shall pay the reasonable attorney fees and costs incurred by the offeror after the making of the offer. An offer that is made but not accepted does not preclude a subsequent offer. When the liability of one party to another party has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, any party may make an offer of judgment, which shall have the same effect as an offer made before trial if the offer is made no less than 10 days prior to the commencement of hearings to determine the amount or extent of liability.
(e) This section shall not require the taking of a bond to secure contracts in an amount less than one hundred thousand dollars ($100,000).
(f)(1) The contractor, immediately after the completion of the contract, shall give notice of the completion by publishing the notice for a minimum of three weeks using one or more of the following methods:
a. In a newspaper of general circulation in the county or counties in which the work, or some portion thereof, has been done.
b. On a website that is maintained by a newspaper of general circulation in the county or counties in which the work, or some portion thereof, has been done.
c. On a website used by the awarding authority for publishing notices.
(2) If no newspaper is published in the county in which the work was done, and if the awarding authority does not utilize a website for the purpose of publishing notices, the notice may be given by posting at the courthouse for 30 days, and proof of the posting of the notice shall be given by the awarding authority and the contractor.
(3) A final settlement shall not be made upon the contract until the expiration of 30 days after the completion of the notice. Proof of publication of the notice shall be made by the contractor to the authority by whom the contract was made by affidavit of the publisher or website owner and a printed copy of the notice published.
(4) For contracts for road resurfacing materials that are awarded on an annual basis, where the bid specifications include options such as a unit price for materials, a unit price for the delivery of materials, or a unit price for materials to be laid in place by the bidder, notice of completion pursuant to this subsection may be given on an annual basis upon completion of the project as a whole, rather than at the completion of each proceed order.
(g) Subsection (f) shall not apply to contractors performing contracts of less than one hundred thousand dollars ($100,000) in amount.
","history":"(Acts 1927, No. 39, p. 37; Acts 1935, No. 39, p. 70; Code 1940, T. 50, §16; Acts 1983, No. 83-737, p. 1203; Acts 1989, No. 89-650, p. 1284, §1; Acts 1994, No. 94-207, p. 270, §1; Acts 1997, No. 97-225, p. 348, §1; Act 2023-497, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37101,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36045,"codeId":10777,"versionId":8650,"parentId":10771,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-1-2","shortTitle":"Section 39-1-2","catchLine":"Inspection of Asphalt Plant Prerequisite to Eligibility to Bid on Asphalt Plant Mix to Be Sold to State.","title":"Section 39-1-2 Inspection of Asphalt Plant Prerequisite to Eligibility to Bid on Asphalt Plant Mix to Be Sold to State.","sectionRange":null,"content":"All persons, to be eligible to bid on asphalt plant mix to be sold to the State of Alabama, shall have the asphalt plants inspected and certified by the Department of Transportation. The certification shall be made by the Bureau of Materials and Tests and shall include a statement that the plant meets the requirements set forth in the current edition of the State of Alabama Department of Transportation standard specifications for highways and bridges.
","history":"(Acts 1977, No. 778, p. 1338; Acts 1997, 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37102,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36046,"codeId":10780,"versionId":8652,"parentId":10771,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-1-3","shortTitle":"Section 39-1-3","catchLine":"Reimbursement Allowed for Additional Taxes Incurred Due to Increase in Tax Rate During Performance of Contract.","title":"Section 39-1-3 Reimbursement Allowed for Additional Taxes Incurred Due to Increase in Tax Rate During Performance of Contract.","sectionRange":null,"content":"Any contractor performing a public works contract in which any state, county, or municipal funds are utilized shall be allowed reimbursement for any additional severance, sales, or use taxes incurred by the contractor as a result of an increase in the rate of severance, sales, or use taxes imposed during the time of performance of the contract. Time of performance shall be the time the contractor submits the bid until completion of the contract.
","history":"(Acts 1993, No. 93-422, p. 708, §1; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37103,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36047,"codeId":10783,"versionId":23816,"parentId":10771,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-1-4","shortTitle":"Section 39-1-4","catchLine":"Selection of Surety Company, Etc.; Approval of Bonds, Etc.","title":"Section 39-1-4 Selection of Surety Company, Etc.; Approval of Bonds, Etc.","sectionRange":null,"content":"(a) No officer or employee of an awarding authority and no person acting or purporting to act on behalf of such officer or employee of an awarding authority, except a public agency or authority created pursuant to agreement or compact with another state, shall, with respect to any public works contract, require the bidder to obtain or procure any surety bond or contract of insurance specified in connection with such contract or specified by any law, ordinance, or regulation from a particular surety company, insurance company, bonding company, agent, or broker. No officer, employee, person, firm, or corporation acting or purporting to act on behalf of any officer or employee of an awarding authority shall negotiate, make application, obtain, or procure any surety bond or contract of insurance, except contracts of insurance for builder’s risk or owner’s protective liability, which shall be obtained or procured by the bidder, contractor, or subcontractor, with the following exceptions:
(1) Contracts of insurance for builder’s risk, all risk, or owner’s protective liability;
(2) Contracts of insurance of any kind for any public works project involving an amount in excess of forty million dollars ($40,000,000);
(3) Contracts of insurance of any kind obtained or procured by a single awarding authority for a group of public works projects involving an aggregate amount in excess of ninety million dollars ($90,000,000) which are financed substantially by bond issues by the awarding authority or part of a programmatically related group of public works projects, and meeting all of the following criteria:
a. All projects are located within the same county;
b. All projects are located within 10 miles of each other;
c. All projects are part of the same duly authorized annual capital development plan of the authority.
(b) The provisions of subsection (a) shall not prevent an officer or employee on behalf of an awarding authority from exercising the right to approve the form, sufficiency, or manner of execution of the surety bonds or contracts of insurance furnished by the surety company, insurance company, or bonding company selected by the bidder to underwrite surety bonds or contracts of insurance. The insurance company, bonding company, or surety company shall meet all requirements for such companies otherwise provided for by law.
(c) All provisions in any invitation for bids or in any of the contract documents in conflict with this section are declared to be void and unenforceable as contrary to the public policy of this state.
","history":"(Acts 1997, No. 97-225, p. 348, §2; Act 99-386, p. 613, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37104,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36048,"codeId":10785,"versionId":42851,"parentId":10771,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-1-5","shortTitle":"Section 39-1-5","catchLine":"Applicability.","title":"Section 39-1-5 Applicability.","sectionRange":null,"content":"Notwithstanding any other laws to the contrary, this title shall control all public works contracts on the state, county, and municipal levels of government in the State of Alabama.
","history":"(Acts 1997, No. 97-225, p. 348, §3; Act 2018-413, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37105,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36049,"codeId":10790,"versionId":null,"parentId":39,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"Letting, Execution, and Administration of Public Improvements Contracts by State Agencies Generally.","title":"Chapter 2 Letting, Execution, and Administration of Public Improvements Contracts by State Agencies Generally.","sectionRange":"§39-2-1 to §39-2-14","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37106,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36050,"codeId":10791,"versionId":50023,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-1","shortTitle":"Section 39-2-1","catchLine":"Definitions.","title":"Section 39-2-1 Definitions.","sectionRange":null,"content":"As used in this title, the following words have the meanings ascribed to them as follows:
(1) AWARDING AUTHORITY. Any governmental board, commission, agency, body, authority, instrumentality, department, or subdivision of the state, its counties and municipalities. This term includes, but shall not be limited to, the Department of Transportation, the Division of Real Property Management of the Department of Finance, the State Board of Education, and any other entity contracting for public works. This term shall exclude the State Docks Department and any entity exempted from the competitive bid laws of the state by statute.
(2) FORCE ACCOUNT WORK. Work paid for by reimbursing for the actual costs for labor, materials, and equipment usage incurred in the performance of the work, as directed, including a percentage for overhead and profit, where appropriate.
(3) LIFE CYCLE COSTS. The total cost of ownership over the extended life of a public works project, taking into consideration the costs of construction, operation, and maintenance, less any value obtained from salvage and quantifiable environmental benefits, or the sum of all recurring and one-time (non-recurring) costs over the full life span or a specified period of a good, service, structure, or system, including purchase price, installation costs, operating costs, maintenance and upgrade costs, and remaining (residual or salvage) value at the end of ownership or its useful life.
(4) PERSON. Natural persons, partnerships, limited liability companies, corporations, and other legal entities.
(5) PUBLIC PROPERTY. Real property that the state, county, municipality, or awarding authority thereof owns or has a contractual right to own or purchase, including easements, rights-of-way, or otherwise.
(6) PUBLIC WORKS. The construction, installation, repair, renovation, or maintenance of public buildings, structures, sewers, waterworks, roads, curbs, gutters, side walls, bridges, docks, underpasses, and viaducts as well as any other improvement to be constructed, installed, repaired, renovated, or maintained on public property and to be paid, in whole or in part, with public funds or with financing to be retired with public funds in the form of lease payments or otherwise.
","history":"(Acts 1947, No. 492, p. 338, §13; Acts 1961, No. 715, p. 1013; Acts 1997, No. 97-225, p. 348, §1; Act 2011-530, p. 869, §1; Act 2023-497, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37107,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36052,"codeId":10801,"versionId":8667,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-3","shortTitle":"Section 39-2-3","catchLine":"Fees to Be Paid Department of Transportation for Proposals, Plans, and Specifications; Deposit for Bid Documents; Furnishing of Plans and Specifications to Building Exchanges, Etc.","title":"Section 39-2-3 Fees to Be Paid Department of Transportation for Proposals, Plans, and Specifications; Deposit for Bid Documents; Furnishing of Plans and Specifications to Building Exchanges, Etc.","sectionRange":null,"content":"(a) For contracts let by the Department of Transportation, proposals may be obtained only upon payment of a fee, to be determined by the Department of Transportation, not in excess of five dollars ($5). Plans and specifications may be obtained only upon payment of a fee, to be determined by the Department of Transportation, not to exceed the actual cost of printing such plans and specifications.
(b) For all other awarding authorities, an adequate number of sets of bid documents, as determined by the awarding authority, may be obtained by prime contractor bidders upon payment of a deposit for each set, which deposit shall not exceed twice the cost of printing, reproduction, handling, and distribution of each set. The deposit shall be refunded in full to each prime contractor bidder upon return of the documents in reusable condition within 10 days after bid opening. Additional sets for prime contractor bidders, subcontractors, vendors, or dealers may be obtained upon payment of the same deposit. The deposit shall be refunded less the cost of printing, reproduction, handling, and distribution, upon return of the documents in reusable condition within 10 days after bid opening. All refunds are due from the awarding authority within 20 days after bid opening.
(c) Building exchanges and similar agencies may be furnished plans and specifications without charge.
","history":"(Acts 1947, No. 492, p. 338, §2; Acts 1956, 1st Ex. Sess., No. 52, p. 82; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37109,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36053,"codeId":10805,"versionId":40947,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-4","shortTitle":"Section 39-2-4","catchLine":"Filing of Guaranties by Bidders; Prequalification Procedures and Criteria; Responsibility of Prequalified Bidders; Revocation of Prequalification; Rejection of Bidder.","title":"Section 39-2-4 Filing of Guaranties by Bidders; Prequalification Procedures and Criteria; Responsibility of Prequalified Bidders; Revocation of Prequalification; Rejection of Bidder.","sectionRange":null,"content":"(a) The bidder shall be required to file with his or her bid either a cashier’s check drawn on an Alabama bank or a bid bond executed by a surety company duly authorized and qualified to make such bonds in the State of Alabama, payable to the awarding authority for an amount not less than five percent of the awarding authority’s estimated cost or of the contractor’s bid, but in no event more than ten thousand dollars ($10,000), except if the awarding authority is the Department of Transportation, then the bid guarantee shall not be more than fifty thousand dollars ($50,000). The bid guaranties as provided in this section shall constitute all of the qualifications or guaranty to be required of contractors as prerequisites to bidding for public works, except as required by the State Licensing Board for General Contractors and the prequalification as required by the Department of Transportation, the Building Commission, or any other awarding authority.
(b) With the exception of the Department of Transportation which has prequalification procedures and criteria set forth by statute, any awarding authority that proposes to prequalify bidders shall establish written prequalification procedures and criteria that: (1) are published sufficiently in advance of any affected contract so that a bona fide bidder may seek and obtain prequalification prior to preparing a bid for that contract, such publication to be accomplished by the methods specified in subsection (a) of Section 39-2-2; (2) are related to the purpose of the contract or contracts affected; (3) are related to contract requirements or the quality of the product or service in question; (4) are related to the responsibility, including the competency, experience, and financial ability, of a bidder; and (5) will permit reasonable competition at a level that serves the public interest. The prequalification publication may run concurrently with the publication required under subsection (a) of Section 39-2-2, provided it produces the above required advance notice.
(c) Within the bounds of good faith, the awarding authority retains the right to determine whether a contractor has met prequalification procedures and criteria.
(d) Any bidder who has prequalified pursuant to the requirements in subsection (b) shall be deemed responsible for purposes of award unless the prequalification is revoked by the awarding authority under the following procedures: (1) No later than five working days or the next regular meeting after the opening of bids, the awarding authority issues written notice to the bidder of its intent to revoke prequalification and the grounds therefor; (2) the bidder is then provided an opportunity to be heard before the awarding authority on the intended revocation; (3) the awarding authority makes a good faith showing of a material inaccuracy in the prequalification application of a bidder or of a material change in the responsibility of the bidder since submitting its prequalification application; and (4) the revocation of prequalification is determined no later than 10 days after written notice of intent to revoke, unless the bidder whose qualification is in question agrees in writing to an extension in time.
(e) Nothing in this section shall preclude the rejection of a bidder determined not responsible nor the inclusion of criteria in the bid documents which would limit contract awards to responsible bidders where no prequalification procedure is employed by the awarding authority.
","history":"(Acts 1947, No. 492, p. 338, §3; Acts 1949, No. 577, p. 907; Acts 1997, No. 97-225, p. 348, §1; Act 2016-260, §1; Act 2017-279, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37110,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36054,"codeId":10809,"versionId":8673,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-5","shortTitle":"Section 39-2-5","catchLine":"Return of Proposal Guaranties to Bidders Generally; Disposition of Proposal Guaranty When Award Not Made Within 30 Days of Opening of Proposals.","title":"Section 39-2-5 Return of Proposal Guaranties to Bidders Generally; Disposition of Proposal Guaranty When Award Not Made Within 30 Days of Opening of Proposals.","sectionRange":null,"content":"All bid guaranties, except those of the three lowest bona fide bidders, shall be returned immediately after bids have been checked, tabulated, and the relation of the bids established. The bid guaranties of the three lowest bidders shall be returned as soon as the contract bonds and the contract of the successful bidder have been properly executed and approved. When the award is deferred for a period of time longer than 15 days after the opening of the bids, all bid guaranties, except those of the potentially successful bidders, shall be returned. If no award is made within 30 days after the opening of the bids, or such other time as specified in the bid documents, all bids shall be rejected and all guaranties returned, except for any potentially successful bidder that agrees in writing to a stipulated extension in time for consideration of its bid, in which case the awarding authority may permit the potentially successful bidder to substitute a satisfactory bidder’s bond for the cashier’s check submitted with its bid as a bid guaranty.
","history":"(Acts 1947, No. 492, p. 338, §4; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37111,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36055,"codeId":10812,"versionId":50061,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-6","shortTitle":"Section 39-2-6","catchLine":"Award of Contract; Powers of Awarding Authority; Availability of Plans, Etc.; Disqualifying Activities; Life Cycle Costs.","title":"Section 39-2-6 Award of Contract; Powers of Awarding Authority; Availability of Plans, Etc.; Disqualifying Activities; Life Cycle Costs.","sectionRange":null,"content":"(a) The contract shall be awarded to the lowest responsible and responsive bidder, unless the awarding authority finds that all the bids are unreasonable or that it is not in the interest of the awarding authority to accept any of the bids. A responsible bidder is one who, among other qualities determined necessary for performance, is competent, experienced, and financially able to perform the contract. A responsive bidder is one who submits a bid that complies with the terms and conditions of the invitation for bids. Minor irregularities in the bid shall not defeat responsiveness. The bidder to whom the award is made shall be notified by confirmed facsimile, electronic mail, or letter at the earliest possible date. If the successful bidder fails or refuses to sign the contract, to make bond as provided in this chapter, or to provide evidence of insurance as required by the bid documents, the awarding authority may award the contract to the second lowest responsible and responsive bidder. If the second lowest bidder fails or refuses to sign the contract, make bond as provided in this chapter, or to provide evidence of insurance as required by the bid documents, the awarding authority may award the contract to the third lowest responsible and responsive bidder.
(b) If no bids or only one bid is received at the time stated in the advertisement for bids, the awarding authority may advertise for and seek other competitive bids, or the awarding authority may direct that the work shall be done by force account under its direction and control or, with the exception of the Department of Transportation, the awarding authority may negotiate for the work through the receipt of informal bids not subject to the requirements of this section. Where only one responsible and responsive bid has been received, any negotiation for the work shall be for a price lower than that bid.
(c) With the exception of the Department of Transportation, when two or more bids are received, and all bids exceed available funding for the contract, the awarding authority may negotiate for the work with the lowest responsible and responsive bidder, provided that the awarding authority can document the shortage of funding, that time is of the essence, and that the negotiated changes are in the public interest and do not materially alter the scope and nature of the project.
(d) If the awarding authority finds that all bids received are unreasonable or that it is not to the interest of the awarding authority to accept any of the bids, the awarding authority may direct that the work shall be done by force account under its direction and control.
(e) On any construction project on which the awarding authority has prepared plans and specifications, has received bids, and has determined to do by force account or by negotiation, the awarding authority shall make available the plans and specifications, an itemized estimate of cost, and any informal bids for review by the Department of Examiners of Public Accounts and, upon completion of the project by an awarding authority, the final total costs together with an itemized list of cost of any and all changes made in the original plans and specifications shall also be made available for review by the Department of Examiners of Public Accounts. Furthermore, the above described information shall be made public by the awarding authority upon request. Upon the approval of the awarding authority, its duly authorized officer or officers, when proceeding upon the basis of force account, may let any subdivision or unit of work by contract on informal bids.
(f) No provision of this section shall be interpreted as precluding the use of convict labor by the awarding authority. This section shall not apply to routine maintenance and repair jobs done by maintenance personnel who are regular employees of the awarding authority, nor shall it apply to road or bridge construction work performed by an awarding authority’s regular employees and own equipment.
(g) No contract awarded to the lowest responsible and responsive bidder shall be assignable by the successful bidder without written consent of the awarding authority, and in no event shall a contract be assigned to an unsuccessful bidder whose bid was rejected because he or she was not a responsible or responsive bidder.
(h) Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition to bid at a fixed price or to refrain from bidding or otherwise shall render the bids void and shall cause the bidders or prospective bidders to be disqualified from submitting further bids to the awarding authority on future lettings. Any bidder or prospective bidder who willfully participates in any agreement or collusion in restraint of freedom of competition shall be guilty of a felony and, on conviction thereof, shall be fined not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000) or, at the discretion of the jury, shall be imprisoned in the penitentiary for not less than one nor more than three years.
(i) Any disclosure in advance of the terms of a bid submitted in response to an advertisement for bids shall render the proceedings void and require advertisement and award anew.
(j) The lowest responsible and responsive bidder on a public works project may be determined to be the bidder offering the lowest life cycle costs. The lowest responsible and responsive bidder shall otherwise meet all of the conditions and specifications contained in the invitation to bid, except that a bidder may still be considered responsive if he or she responds with a bid using different construction materials than those specified in the invitation to bid if the materials’ use would result in lower life cycle costs for the public works project. To utilize this provision to determine the lowest responsible and responsive bidder, the awarding authority must include a notice in the invitation to bid that the lowest responsible and responsive bidder may be determined by using life cycle costs, and must also include in the invitation to bid the criteria under which it shall evaluate the life cycle costs.
","history":"(Acts 1947, No. 492, p. 338, §5; Acts 1997, No. 97-225, p. 348, §1; Act 2011-530, p. 869, §1; Act 2021-439, §1; Act 2023-497, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37112,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36056,"codeId":10817,"versionId":8681,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-7","shortTitle":"Section 39-2-7","catchLine":"Effect of Errors and Discrepancies of Prices in Bids.","title":"Section 39-2-7 Effect of Errors and Discrepancies of Prices in Bids.","sectionRange":null,"content":"In case of error in the extension of prices in bids, the unit price will govern. In case of discrepancy between the prices shown in the figures and in words, the words will govern.
","history":"(Acts 1947, No. 492, p. 338, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37113,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36057,"codeId":10820,"versionId":8684,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-8","shortTitle":"Section 39-2-8","catchLine":"Execution of Contracts and Furnishing of Performance Bonds, Etc., Generally by Bidders Awarded Contracts.","title":"Section 39-2-8 Execution of Contracts and Furnishing of Performance Bonds, Etc., Generally by Bidders Awarded Contracts.","sectionRange":null,"content":"The bidder to whom the award is made shall, when required, enter into a written contract on the form included in the proposal, plans, and specifications, furnish a performance bond and payment bond executed by a surety company duly authorized and qualified to make such bonds in the State of Alabama in the amount required by subsection (a) of Section 39-1-1 and provide evidence of insurance as required by the bid documents within the period specified or, if no period is specified, within 15 days after the prescribed forms have been presented to him or her for signature. If extenuating circumstances prevail, the awarding authority may grant an extension in time not exceeding five days for the return of the contract, required bonds and required evidence of insurance.
","history":"(Acts 1947, No. 492, p. 338, §7; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37114,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36058,"codeId":10824,"versionId":8688,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-9","shortTitle":"Section 39-2-9","catchLine":"Approval of Bonds, Etc., and Completion of Execution of Contracts by Awarding Authorities.","title":"Section 39-2-9 Approval of Bonds, Etc., and Completion of Execution of Contracts by Awarding Authorities.","sectionRange":null,"content":"The awarding authority shall approve the contractor’s bonds meeting the requirements of Section 39-2-8 and the contractor’s evidence of insurance meeting the requirements of the bid documents, as well as complete the execution of the contract, within 20 days after their presentation by the contractor unless the successful contractor agrees in writing to a longer period.
","history":"(Acts 1947, No. 492, p. 338, §8; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37115,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36059,"codeId":10827,"versionId":8690,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-10","shortTitle":"Section 39-2-10","catchLine":"Issuance of Proceed Orders by Awarding Authorities, Etc.","title":"Section 39-2-10 Issuance of Proceed Orders by Awarding Authorities, Etc.","sectionRange":null,"content":"A proceed order shall be issued by the awarding authority within 15 days after final execution of the contract by the awarding authority, and execution by the Governor if his or her signature on the contract is required by law, unless both parties agree in writing to a stipulated extension in time for the issuance of a proceed order.
","history":"(Acts 1947, No. 492, p. 338, §9; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37116,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36060,"codeId":10833,"versionId":8694,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-11","shortTitle":"Section 39-2-11","catchLine":"Proceedings Upon Failure of Successful Bidders to Execute Contracts and Furnish Bonds, Etc.; Death of a Low Bidder; Effect of Failure of Awarding Authorities to Complete Execution of Contracts and Issue Proceed Orders; Withdrawal of Low Bid Upon Discovery of Mistake.","title":"Section 39-2-11 Proceedings Upon Failure of Successful Bidders to Execute Contracts and Furnish Bonds, Etc.; Death of a Low Bidder; Effect of Failure of Awarding Authorities to Complete Execution of Contracts and Issue Proceed Orders; Withdrawal of Low Bid Upon Discovery of Mistake.","sectionRange":null,"content":"(a) Should the successful bidder or bidders to whom a contract is awarded fail to execute a contract and furnish acceptable contract securities and evidence of insurance as required by law within the period as set forth in Section 39-2-8, the awarding authority shall retain from the proposal guaranty, if it is a cashier’s check, or recover from the principal or the sureties, if the guaranty is a bid bond, the difference between the amount of the contract as awarded and the amount of the proposal of the next lowest bidder. If no other bids are received, the full amount of the proposal guaranty shall be so retained or recovered as liquidated damages for such default. Any sums so retained or recovered shall be the property of the awarding authority.
(b) In the event of the death of a low bidder between the date of the opening of bids and the 15 days following the date of award of contract as allowed in Section 39-2-8 for furnishing of contract securities and evidence of insurance, the awarding authority shall return the proposal guaranty intact to the estate of the deceased low bidder.
(c) Failure by the awarding authority to complete the execution of a contract and to issue a proceed order as required in Sections 39-2-9 and 39-2-10 shall be just cause, unless both parties agree in writing to a stipulated extension in time for issuance of a proceed order, for the withdrawal of the contractor’s bid and contract without forfeiture of the certified check or bond.
(d) Except for contracts let by the Department of Transportation, if the low bidder discovers a mistake in its bid rendering a price substantially out of proportion to that of other bidders, the low bidder may seek withdrawal of its bid without forfeiture upon written notice to the awarding authority within three working days after the opening of bids whether or not award has been made. If the low bidder offers clear and convincing documentary evidence as soon as possible, but no later than three working days after the opening of bids, that it made such a mistake due to calculation or clerical error, an inadvertent omission, or a typographical error, the awarding authority shall permit withdrawal without forfeiture. The decision of the awarding authority shall be made within 10 days after receipt of the low bidder’s evidence or by the next regular meeting of the awarding authority. In no event shall a mistake of law, judgment, or opinion constitute a valid ground for the withdrawal of a bid without forfeiture. Upon withdrawal of bid without forfeiture, the low bidder shall be prohibited from (1) doing any work on the contract, either as a subcontractor or in any other capacity, and (2) bidding on the same project if it is readvertised for letting.
","history":"(Acts 1947, No. 492, p. 338, §10; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37117,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36061,"codeId":10836,"versionId":37348,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-12","shortTitle":"Section 39-2-12","catchLine":"Partial and Final Payments of Contractors by Awarding Authorities.","title":"Section 39-2-12 Partial and Final Payments of Contractors by Awarding Authorities.","sectionRange":null,"content":"(a) As used in this section the following words shall have the meanings ascribed to them as follows:
(1) CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited liability company, cooperative, or other legal entity licensed by the Alabama State Licensing Board for General Contractors.
(2) NONRESIDENT CONTRACTOR. A contractor which is neither a. organized and existing under the laws of the State of Alabama, nor b. maintains its principal place of business in the State of Alabama. A nonresident contractor which has maintained a permanent branch office within the State of Alabama for at least five continuous years shall not thereafter be deemed to be a nonresident contractor so long as the contractor continues to maintain a branch office within Alabama.
(3) RETAINAGE. That money belonging to the contractor which has been retained by the awarding authority conditioned on final completion and acceptance of all work in connection with a project or projects by the contractor.
(b)(1) Unless otherwise provided in the specifications, partial payments shall be made as the work progresses at the end of each calendar month, but in no case later than 35 days after the acceptance by the awarding authority that the estimate and terms of the contract providing for partial payments have been fulfilled. The contract between the contractor and the awarding authority shall designate a person to review the progress of completed work and to review documents submitted by the contractor as provided in this section. Except as otherwise provided for the Department of Transportation, the designated person, within 10 days, shall review the submission and respond in writing to accept or forward, as provided in this subsection, a request for payment. For contracts involving the Department of Transportation, the time frame for review and response shall be 20 days. In the event of an error in the submission or a dispute regarding compliance with the provisions of the contract, the error or dispute shall be disclosed in writing to the contractor within 10 days and, after corrective actions are taken, the invoice may be resubmitted and shall be addressed as provided in this section; provided that for contracts involving the Department of Transportation, the time frame for review and response shall be 20 days. In the absence of error or dispute, the awarding authority shall proceed within 10 days as follows for payment of the invoice:
a. For contracts subject to subsection (l), the awarding authority shall forward the request for payment to the entity or agency that is the source of funding to be used by the contractor.
b. For contracts not subject to subsection (l), the payment shall be made by the contracting agency in accordance with the payment requirements and deadlines established in this section.
(2) In preparing estimates, the material delivered on the site, materials suitably stored and insured off-site, and preparatory work done may be taken into consideration. If the amount due by the awarding authority is not in dispute and the amount payable is not paid within the above 35-day period, the contractor to whom payment is due shall also be entitled to interest from the awarding authority at the rate assessed for underpayment of taxes under Section 40-1-44(a), on the unpaid balance due. Any agreement to increase the 35-day period for payment after the execution of the contract is not enforceable. Interest payments shall not be due on payments made after the 35-day period because of administrative or processing delays at the close of the fiscal year or delays resulting from official and announced closures by the awarding authority. The provisions in this subsection shall not apply to contracts administered by the Alabama Building Commission, regardless of the source of the funds to be utilized to fulfill the awarding authority’s obligation under the contract.
(c) In making the partial payments, there shall be retained not more than five percent of the estimated amount of work 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. The retainage as set out above shall be held until final completion and acceptance of all work covered by the contract unless the escrow or deposit arrangement described in subsections (f) and (g) is utilized. Provided, however, no retainage shall be withheld on contracts entered into by the Alabama Department of Transportation for the construction or maintenance of public highways, bridges, or roads.
(d) In addition to other requirements, a nonresident contractor shall satisfy the awarding authority that he or she has paid all taxes due and payable to the State of Alabama or any political subdivision thereof prior to receiving final payment for contract work. When maintenance periods are included in the contract covering highways and bridges or similar structures, the periods shall be considered a component part of the contract. On completion and acceptance of each separate building, public work, or other division of the contract on which a price is stated separately in the contract or can be separately ascertained, payment may be made in full, including the retained percentage thereof, less authorized deductions. Nothing in this section shall be interpreted to require the awarding authority to make full payment on an item of work when the item of work is an integral part of a complete improvement.
(e) In lieu of the retained amounts provided for in subsection (c) of this section, the awarding authority may provide in the specifications or contracts an alternate procedure for the maintenance of an escrow account as provided in subsection (f) or the depositing of security as provided in subsection (g).
(f) An escrow account, established pursuant to an escrow agreement, shall be entered into only on the following conditions:
(1) If the contractor shall have entered into more than one construction contract allowing for the maintenance of escrow accounts, the contractor may elect to combine the amounts held in lieu of retainage under each contract into one or more escrow accounts or may elect to establish a separate escrow account for each contract.
(2) Only state or national banks chartered within the State of Alabama or savings and loan associations domiciled in the State of Alabama may serve as an escrow agent.
(3) The escrow agent must limit the investment of funds held in escrow in lieu of retained amounts provided for in subsection (c) of this section to savings accounts, certificates of deposit or similar time deposit investments (which may, at the election of the contractor, be in an amount in excess of the maximum dollar amount of coverage by the Federal Deposit Insurance Corporation, the Federal Savings & Loan Insurance Corporation, or other similar agency), U.S. Treasury Bonds, U.S. Treasury Notes, U.S. Treasury Certificates of Indebtedness, U.S. Treasury Bills, bonds or notes of the State of Alabama or bonds of any political subdivision of the State of Alabama.
(4) As interest on all investments held in escrow becomes due, it shall be collected by the escrow agent and paid to the contractor.
(5) The escrow agent shall periodically acknowledge to the awarding authority and contractor the amount and value of the escrow account held by the escrow agent, and any additions to the escrow account by the awarding authority shall be reported immediately to the contractor. Withdrawals from the escrow account shall only be made subject to the written approval of the awarding authority.
(6) Upon default or overpayment, as determined by the awarding authority, of any contract or contracts subject to this procedure, and upon the written demand of the awarding authority, the escrow agent shall within 10 days deliver a cashier’s check to the awarding authority in the amount of the escrow account balance (subject to the redemption value of such investments at the time of disbursement) relating to the contract or contracts in default.
(7) The escrow account may be terminated upon completion and acceptance of the contract or contracts as provided in subsections (c) and (i) of this section.
(8) All fees and expenses of the escrow agent shall be paid by the contractor to the escrow agent and if not paid shall constitute a lien on the interest accruing to the escrow account and shall be paid therefrom.
(9) The escrow account shall constitute a specific pledge to the awarding authority, and the contractor shall not, except to his or her surety, otherwise assign, pledge, discount, sell, or transfer his or her interest in the escrow account, the funds in which shall not be subject to levy, garnishment, attachment, or any other process whatsoever.
(10) The form of the escrow agreement and provisions thereof in compliance herewith, as well as such other provisions as the awarding authority shall from time to time prescribe, shall be subject to written approval of the awarding authority. The approval of the escrow agreement by the awarding authority shall authorize the escrow agent to accept appointment in such capacity.
(11) The awarding authority shall not be liable to the contractor or his or her surety for the failure of the escrow agent to perform under the escrow agreement, or for the failure of any financial institution to honor investments issued by it which are held in the escrow account.
(g) The contractor may withdraw the whole or any part of the retainage upon deposit of securities only in accordance with the following procedures:
(1) The contractor shall deposit with the State Treasurer or the municipal or county official holding funds belonging to the contractor, the following readily negotiable security or any combination thereof in an amount at least equal to the amount withdrawn, the security shall be accepted at the time of deposit at market value but not in excess of par value:
a. U.S. Treasury Bonds, U.S. Treasury Notes, U.S. Treasury Certificates of Indebtedness, or U.S. Treasury Bills.
b. Bonds or notes of the State of Alabama.
c. Bonds of any political subdivision of the State of Alabama.
d. Certificates of deposit issued by the Federal Deposit Insurance Corporation insured banks located in the State of Alabama. The certificates shall be negotiable and only in an amount not in excess of the maximum dollar amount of coverage by the Federal Deposit Insurance Corporation.
e. Certificates of deposit issued by savings and loan associations located in the State of Alabama, the accounts of which are insured by the Federal Deposit Insurance Corporation or the accounts of which are insured by a company approved by the state Savings and Loan Board and the certificates shall be made payable with accrued interest on demand. Any certificate from any of the savings and loan associations referred to in this paragraph shall not be for an amount in excess of the maximum dollar amount of coverage of the Federal Deposit Insurance Corporation.
(2) The agency or department of the state having jurisdiction over any public works contract shall notify the State Treasurer of the amount of the deposit required and shall also notify the State Treasurer when to release the deposit.
(3) The architect or engineer representing any municipality or county or the chair of any board, commission, or agency of any municipality or county shall notify the municipal or county official of the amount of deposit required and shall also notify the municipal or county official when to release the deposit.
(4) At the time of deposit of any security, the security may be endorsed and shall be accompanied by a conditional assignment to the public body designated as owner in the contract document, which assignment shall empower the State Treasurer, or the municipal or county official to negotiate the security at any time to the extent necessary to cause the fulfilling of the contract.
(5) Any interest or income due on any security deposited shall be paid to the contractor. If the deposit is in the form of coupon bonds, the coupons, as they respectively become due, shall be delivered to the contractor.
(6) In the event the contractor defaults in the performance of the contract or any portion of the contract, the securities deposited by the contractor in lieu of retainage and all interest, income, and coupons accruing on the securities, after default, may be sold by the state or any agency or department of the state, any municipality or county, or any board, commission, or agency of the municipality or county and the proceeds of the sale shall be used as if the proceeds represented the retainage provided for under the contract.
(h) All material and work covered by partial payments made shall become the sole property of the awarding authority, but the contractor shall not be relieved from the sole responsibility for the care and protection of materials and work upon which payments have been made, and for the restoration of any damaged work.
(i)(1) Upon the contractor’s completion and the awarding authority’s acceptance of all work required, the awarding authority shall pay the amount due the contractor upon the contractor’s presentation of the following items:
a. A properly executed and duly certified voucher for payment.
b. A release, if required, of all claims and claims of lien against the awarding authority arising under and by virtue of the contract, other than such claims of the contractor, if any, as may be specifically excepted by the contractor from the operation of the release in stated amounts to be set forth therein.
c. Proof of advertisement as provided by law. Upon proof of advertisement, the prescribed terms of payment shall not be amended after the terms and specifications have been published.
(2) Such payment shall become due and owing 35 days after all the requirements of subdivision (1) are fulfilled, and any agreement to increase the 35-day period for payment after the execution of the contract is not enforceable. If the amount payable is not paid as required, interest on the amount shall be due and owing to the contractor. Interest shall accrue on the day following the later date described above and shall be paid from the same fund or source from which the contract principal is paid. The interest rate for payments shall be the legal amount currently assessed for under payment of taxes under Section 40-1-44 (a).
(3) Except as may be prohibited by Article I, Section 14 of the Constitution of Alabama of 2022, a contractor or awarding authority may file a civil action against the party contractually obligated for the payment or repayment claimed to recover the amount due plus the interest accrued in accordance with this chapter. In addition to the payment of any amounts due plus interest, if applicable, the court shall award the prevailing party reasonable attorneys’ fees, court costs, and reasonable expenses. This provision shall not apply to contracts administered by the Alabama Building Commission, regardless of the source of the funds to be utilized to fulfill the awarding authority’s obligation under the contract.
(j) If the Department of Transportation or a county awarding authority shall determine that there has been overpayment to a contractor on a contract award pursuant to this chapter, the Department of Transportation or the county awarding authority shall provide written notice of the overpayment to the contractor and the contractor shall remit the overpayment to the Department of Transportation or the county awarding authority within 60 days of receipt of the demand. If the contractor fails to remit payment in full of the overpayment within 60 days of receipt of demand, the contractor shall be disqualified from bidding as a prime contractor or from performing work as a subcontractor on any future Department of Transportation contract or county contract for the construction or maintenance of public highways, bridges, or roads until the overpayment is made. The Department of Transportation or county awarding authority shall also be entitled to interest from the contractor at the rate assessed for under payment of taxes under Section 40-1-44 (a) beginning on the 61st day after the contractor’s receipt of demand.
(k) The contract between the awarding authority and contractor shall contain provisions outlining the source of sufficient funds to be utilized to fulfill the awarding authority’s obligations under the contract, including whether the funds are held by the awarding authority at the time of the execution of the contract or whether the funds will become available at a date following the execution of the contract.
(l) Should the source of funds for the payment be a grant, award, or direct reimbursement from the state, federal government, or other source which will not become available until after the execution of the contract, this shall be disclosed in the bid document and contract and the provisions of this chapter regarding prompt payment shall not apply until the awarding authority is in receipt of the funds as provided in the contract. Upon such receipt, the contracting agency shall process payment within 10 days and the requirement shall be enforceable as provided herein.
(m) In the event of a conflict between the provisions of this section and the provisions of any other section of the Code of Alabama 1975, or any agency’s or department’s rules, regulations, or manuals, this section shall govern.
(n) The provisions of this section shall not apply to any state agency established pursuant to Chapter 1 of Title 33.
(o) The payment provisions of this section shall not apply to contracts entered into by governmental entities as a result of response and recovery to any of the conditions described in Section 31-9-2(a) or as a result of any other disaster event.
(p) The provisions set forth in this section shall apply to all payments, partial or otherwise.
","history":"(Acts 1947, No. 492, p. 338, §11; Acts 1975, No. 951, p. 1988, §1; Acts 1977, No. 508, p. 670; Acts 1978, No. 834, p. 1235; Acts 1980, No. 80-692, p. 1393; Acts 1997, No. 97-225, p. 348, §1; Act 2000-691, p. 1404, §1; Act 2004-419, p. 702, §1; Act 2012-379, p. 997, §§1-3; Act 2014-404, p. 1485, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37118,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36062,"codeId":10841,"versionId":8700,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-13","shortTitle":"Section 39-2-13","catchLine":"Promulgation of Rules and Regulations by Awarding Authorities.","title":"Section 39-2-13 Promulgation of Rules and Regulations by Awarding Authorities.","sectionRange":null,"content":"For the purpose of carrying into effect the terms of this chapter and insuring to the state and its political subdivisions the award of all contracts to responsible and responsive bidders, the awarding authority may prepare and promulgate rules and regulations it deems proper, but not inconsistent with the terms of this chapter.
","history":"(Acts 1947, No. 492, p. 338, §12; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37119,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36063,"codeId":10844,"versionId":8702,"parentId":10790,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-2-14","shortTitle":"Section 39-2-14","catchLine":"Registration of Out-of-State Contractors Required; Deposit; Surety Bond.","title":"Section 39-2-14 Registration of Out-of-State Contractors Required; Deposit; Surety Bond.","sectionRange":null,"content":"(a) Every nonresident contractor, as defined in Section 39-2-12 shall register with the Department of Revenue prior to engaging in the performance of a contract in this state. At the time of registration the contractor shall deposit with the Department of Revenue five per centum of the amount such contractor is to receive for the performance of the contract which shall be held within a “contractors use tax fund” pending the completion of the contract, the determination of the taxes due this state and other governmental bodies, and the payment of same. In lieu of such deposit the contractor may provide a corporate surety bond to be approved by the Commissioner of Revenue as to form, sufficiency, value, amount, stability, and other features necessary to provide a guarantee of payment of the taxes due this state and other governmental bodies.
(b) In addition, within 30 days after registration, the contractor shall file a statement with the Department of Revenue itemizing the machinery, materials, supplies, and equipment that he has or will have on hand at the time he begins the fulfillment of the contract where such tangible personal property has been brought, shipped, or transported from outside the State of Alabama upon which neither the use taxes or ad valorem taxes have been paid and shall pay the tax due thereon at the time of filing and thereafter shall report and pay the tax as required by the Commissioner of Revenue.
(c) Upon payment of the said taxes due, as required hereby, the deposit or the surety bond required herein shall be returned forthwith to the out-of-state contractor posting same.
(d) The Commissioner of Revenue shall have authority to promulgate rules and regulations to carry out the provisions of this section.
","history":"(Acts 1984, No. 84-227, p. 347.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37120,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36064,"codeId":10853,"versionId":null,"parentId":39,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"3","shortTitle":"Chapter 3","catchLine":"Use of Domestic Products and Resident Workmen for Public Works, Improvements, Etc.","title":"Chapter 3 Use of Domestic Products and Resident Workmen for Public Works, Improvements, Etc.","sectionRange":"§39-3-1 to §39-3-5","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37121,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36065,"codeId":10854,"versionId":8711,"parentId":10853,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-3-1","shortTitle":"Section 39-3-1","catchLine":"Contracts for Public Works Project Financed Entirely by State or Subdivisions Thereof to Provide for Use of Domestic Products If Available, Etc.; Penalty.","title":"Section 39-3-1 Contracts for Public Works Project Financed Entirely by State or Subdivisions Thereof to Provide for Use of Domestic Products If Available, Etc.; Penalty.","sectionRange":null,"content":"(a) The awarding authority contracting for a public works project to be financed entirely by the State of Alabama or any political subdivision of the state, shall stipulate or cause to be stipulated in the contract a provision whereby the person, firm, or corporation undertaking the project agrees to use in the execution of the contract materials, supplies, and products manufactured, mined, processed, or otherwise produced in the United States or its territories, if the same are available at reasonable and competitive prices and are not contrary to any sole source specification implemented under subsection (f) of Section 39-2-2.
(b) In the event the contractor breaches the agreement to use domestic products, and domestic products are not used, there shall be a downward adjustment in the contract price equal to any realized savings or benefits to the contractor.
","history":"(Acts 1961, No. 876, p. 1376; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37122,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36066,"codeId":10857,"versionId":49486,"parentId":10853,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-3-4","shortTitle":"Section 39-3-4","catchLine":"Contractors for Public Works Project Financed Entirely by State or Subdivisions Thereof to Use Steel Produced in United States; Penalty.","title":"Section 39-3-4 Contractors for Public Works Project Financed Entirely by State or Subdivisions Thereof to Use Steel Produced in United States; Penalty.","sectionRange":null,"content":"(a) Any contractor for a public works project, financed entirely by the State of Alabama or any political subdivision thereof, within this state shall use iron or steel produced within the United States when specifications in the construction contract require the use of iron or steel and do not limit its supply to a sole source under subsection (f) of Section 39-2-2. If the awarding authority decides that the procurement of domestic iron or steel products becomes impractical as a result of a national emergency, national strike, or other cause, the awarding authority shall waive the above restriction.
(b) In the event the contractor violates the domestic iron or steel requirements of subsection (a), and domestic iron or steel is not used, there shall be a downward adjustment in the contract price equal to any realized savings or benefits to the contractor.
","history":"(Acts 1983, 2nd Ex. Sess., No. 83-196, p. 368; Acts 1997, No. 97-225, p. 348, §1; Act 2023-180, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37123,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36067,"codeId":10860,"versionId":24892,"parentId":10853,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-3-5","shortTitle":"Section 39-3-5","catchLine":"Preference to Resident Contractors in Letting of Certain Public Contracts.","title":"Section 39-3-5 Preference to Resident Contractors in Letting of Certain Public Contracts.","sectionRange":null,"content":"(a) In the letting of public contracts in which any state, county, or municipal funds are utilized, except those contracts funded in whole or in part with funds received from a federal agency, preference shall be given to resident contractors, and a nonresident bidder domiciled in a state having laws granting preference to local contractors shall be awarded Alabama public contracts only on the same basis as the nonresident bidder’s state awards contracts to Alabama contractors bidding under similar circumstances; and resident contractors in Alabama, as defined in Section 39-2-12, be they corporate, individuals, or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident.
(b) A summary of this law shall be made a part of the advertised specifications of all projects affected by this law.
","history":"(Acts 1984, No. 84-228, p. 348; Act 2001-637, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37124,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36068,"codeId":10864,"versionId":null,"parentId":39,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"5","shortTitle":"Chapter 5","catchLine":"Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.","title":"Chapter 5 Actions or Proceedings Upon Public Works or Improvements Contracts Improperly Let or Executed.","sectionRange":"§39-5-1 to §39-5-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37125,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36069,"codeId":10865,"versionId":8720,"parentId":10864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-5-1","shortTitle":"Section 39-5-1","catchLine":"Contracts Let in Violation of Law Unenforceable; Certificate of Compliance; Rebuttable Presumption of Compliance.","title":"Section 39-5-1 Contracts Let in Violation of Law Unenforceable; Certificate of Compliance; Rebuttable Presumption of Compliance.","sectionRange":null,"content":"(a) No civil action shall be brought or maintained by a contractor in any court in this state to require any awarding authority to pay out public funds for work and labor done, for materials supplied, or on any account connected with performance of a contract for public works, if the contract was let or executed in violation of or contrary to this title or any other provision of law.
(b) The awarding authority shall, prior to the execution of final contracts and bonds, certify that the contract to be awarded is let in compliance with this title and all other applicable provisions of law; and, only for purposes of a civil action as referenced in subsection (a), the issuance of the certificate by the awarding authority shall constitute a presumption that the contract was let in accordance with the laws. The presumption may be rebutted only by a showing with clear and convincing evidence that the certification is false or fraudulent and that the contractor knew that the certification was false or fraudulent before execution of the contract.
","history":"(Acts 1961, No. 868, p. 1361, §1; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37126,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36070,"codeId":10867,"versionId":8722,"parentId":10864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-5-2","shortTitle":"Section 39-5-2","catchLine":"Issuance of False or Fraudulent Certificate of Compliance.","title":"Section 39-5-2 Issuance of False or Fraudulent Certificate of Compliance.","sectionRange":null,"content":"Any awarding authority or its agents issuing a willfully false or fraudulent certificate as required by Section 39-5-1 shall be guilty of a felony and, on conviction thereof, shall be fined not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000) or, at the discretion of the jury, shall be imprisoned in the penitentiary for not less than one nor more than three years.
","history":"(Acts 1961, No. 868, p. 1361, §6; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37127,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36071,"codeId":10869,"versionId":8724,"parentId":10864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-5-3","shortTitle":"Section 39-5-3","catchLine":"Actions to Recover Funds Received Under Such Contracts.","title":"Section 39-5-3 Actions to Recover Funds Received Under Such Contracts.","sectionRange":null,"content":"An action shall be brought by the Attorney General or may be brought by any interested citizen, in the name and for the benefit of the awarding authority, to recover paid public funds from the contractor, its surety, or any person receiving funds under any public works contract let in violation of or contrary to this title or any other provision of law, if there is clear and convincing evidence that the contractor, its surety, or such person knew of the violation before execution of the contract. The action shall be commenced within three years of final settlement of the contract.
","history":"(Acts 1961, No. 868, p. 1361, §2; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37128,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36072,"codeId":10871,"versionId":8726,"parentId":10864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-5-4","shortTitle":"Section 39-5-4","catchLine":"Actions to Enjoin Letting or Execution of Such Contracts or Payment of Public Funds Thereunder.","title":"Section 39-5-4 Actions to Enjoin Letting or Execution of Such Contracts or Payment of Public Funds Thereunder.","sectionRange":null,"content":"The Attorney General, a bona fide unsuccessful or disqualified bidder, or any interested citizen may maintain an action to enjoin the letting or execution of any public works contract in violation of or contrary to the provisions of this title or any other statute and may enjoin payment of any public funds under any such contract. In the case of a successful action brought by a bidder, reasonable bid preparation costs shall be recoverable by that bidder. The action shall be commenced within 45 days of the contract award.
","history":"(Acts 1961, No. 868, p. 1361, §3; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37129,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36073,"codeId":10873,"versionId":8728,"parentId":10864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-5-5","shortTitle":"Section 39-5-5","catchLine":"Persons Entering into Contracts for Public Works Presumed to Have Notice of Title.","title":"Section 39-5-5 Persons Entering into Contracts for Public Works Presumed to Have Notice of Title.","sectionRange":null,"content":"All persons or parties entering into contracts or agreements with an awarding authority for the construction of a public work shall be conclusively presumed to have notice of the provisions of this title.
","history":"(Acts 1961, No. 868, p. 1361, §5; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37130,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36074,"codeId":10875,"versionId":8730,"parentId":10864,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-5-6","shortTitle":"Section 39-5-6","catchLine":"Provisions of Title Mandatory; Construction and Application of Title.","title":"Section 39-5-6 Provisions of Title Mandatory; Construction and Application of Title.","sectionRange":null,"content":"The provisions of this title are mandatory, and shall be construed to require strict competitive bidding on contracts for public works. The courts shall not invoke or apply any principle of quantum meruit, estoppel, or any other legal or equitable principle which would allow recovery for work and labor done or materials furnished under any contract let in violation of competitive bidding requirements as prescribed by law.
","history":"(Acts 1961, No. 868, p. 1361, §4; Acts 1997, No. 97-225, p. 348, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37131,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36075,"codeId":10879,"versionId":null,"parentId":39,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"6","shortTitle":"Chapter 6","catchLine":"Construction of Public Buildings with Radioactive Fallout Protection.","title":"Chapter 6 Construction of Public Buildings with Radioactive Fallout Protection.","sectionRange":"§39-6-1 to §39-6-2","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":37132,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36076,"codeId":10882,"versionId":8734,"parentId":10879,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-6-1","shortTitle":"Section 39-6-1","catchLine":"Radioactive Fallout Protection to Be Incorporated in Planning and Construction of Certain State Funded Public Buildings or Structures; Powers and Duties of State Building Commission as to Certification of Planning or Construction of Same and Granting of Exemptions from Provisions of Section.","title":"Section 39-6-1 Radioactive Fallout Protection to Be Incorporated in Planning and Construction of Certain State Funded Public Buildings or Structures; Powers and Duties of State Building Commission as to Certification of Planning or Construction of Same and Granting of Exemptions from Provisions of Section.","sectionRange":null,"content":"(a) Wherever used in this section, unless a different meaning clearly appears in the context, the following terms shall be given the following respective interpretations:
(1) PUBLIC BUILDING or STRUCTURE. All buildings constructed for any department, agency, board, commission, council or authority of the State of Alabama, including public school buildings or structures and public buildings or structures of universities and colleges, including any additions to existing buildings or structures.
(2) STATE BUILDING COMMISSION. The building commission of 1945.
(3) RADIOACTIVE FALLOUT PROTECTION. The minimum space and fallout protection criteria recommended by the Office of Civil Defense, United States Department of Defense or its successor organization.
(b) No person, officer, official, board, commission, agency, council or authority shall cause to be planned or constructed any publicly owned building or structure in the State of Alabama costing more than $50,000.00, wherein the use of state funds are involved, including public school buildings and structures and including public buildings and structures of colleges and universities, without incorporating or causing to be incorporated in such building or structure protection from radioactive fallout for at least its normal anticipated occupancy. Such protection shall meet or exceed the minimum space and fallout protection criteria recommended by the Office of Civil Defense, United States Department of Defense, at the time of the beginning of planning of said building.
(c) It shall be the duty of the State Building Commission to certify that all public buildings or structures have been planned or are being constructed with radioactive fallout protection sufficient to comply with the provisions of this section. All public buildings and structures shall have incorporated in the architectural plans provisions for radioactive fallout protection and shall be so constructed, unless such requirement would create an additional net cost in the construction of such building or structure so as to make the provision of radioactive fallout protection economically impracticable or other factors make unnecessary or impracticable the incorporation of such radioactive fallout protection.
Any person, official, board, commission, council, agency or authority desiring an exemption from the requirements of this section with regard to any public building or structure may apply to the State Building Commission for an exemption from the requirements of the provisions of this section and the State Building Commission may grant such exemption if concurred in by the Alabama Director of Emergency Management and the Governor. In making a determination on the question of whether the requirement of radioactive fallout protection is economically impracticable, the State Building Commission shall grant an exemption in any case where application is made therefor if the cost of inclusion of radioactive fallout protection would create an additional net cost in the cost of such public building or structure in excess of the percentages of the estimated costs of such public building or structure as follows:
(1) Four percent for costs of $50,000.00 to $500,000.00.
(2) Three percent for costs of $500,001.00 to $1,500,000.00.
(3) Two percent for costs exceeding $1,500,001.00.
","history":"(Acts 1969, No. 756, p. 1335.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37133,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"},{"id":36077,"codeId":10886,"versionId":8737,"parentId":10879,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"39-6-2","shortTitle":"Section 39-6-2","catchLine":"Requirement of Radioactive Fallout Protection in New Public Buildings or Structures and Additions by Municipal Governing Bodies and County Commissions; Provisions of Section Cumulative.","title":"Section 39-6-2 Requirement of Radioactive Fallout Protection in New Public Buildings or Structures and Additions by Municipal Governing Bodies and County Commissions; Provisions of Section Cumulative.","sectionRange":null,"content":"(a) Each municipal governing body and county commission in this state, may, by ordinance or resolution, require that all new public buildings or structures hereafter planned or constructed and any additions to existing buildings or structures hereafter planned or constructed be so planned and constructed that fallout protection from radioactivity for at least the normal anticipated occupancy will be provided. Said municipal governing body or county commission may require that such radioactive fallout protection meet the minimum space and fallout protection criteria recommended by the Office of Civil Defense, United States Department of Defense, at the time of the beginning of the planning of such building or structure. In no case, however, shall a requirement be made if the cost of inclusion of radioactive fallout protection in such building or structure would create an additional net cost in the cost of any such building or structure in excess of the percentages of the estimated costs of such building or structure as follows:
(1) Four percent for costs of $50,000.00 to $500,000.00.
(2) Three percent for costs of $500,001.00 to $1,500,000.00.
(3) Two percent for costs exceeding $1,500,001.00.
(b) The provisions of this section are in addition to any other powers and authorities heretofore conferred upon municipal and county governing bodies relating to regulations to buildings and structures and the provisions of this section are cumulative thereto.
","history":"(Acts 1969, No. 757, p. 1337.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":37134,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:25.000Z"}]