Ala. Code § 31-2-100 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-100
Section 31-2-100 Courts-Martial for Members of National Guard - Subpoena of Witnesses
Status: in_force

A court-martial may subpoena any witness residing within 100 miles of the place where the court is sitting to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction of the court-martial and signed by the judge advocate thereof, or by the officer holding a summary court, shall make service and return of service as provided by law in criminal cases. Any person failing to appear at any court-martial in this state to testify in accordance with the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60 days in the county jail, either or both.
Ala. Code § 31-3-7 — Alabama Code / Title 31 / Chapter 3 / Section 31-3-7
Section 31-3-7 Construction of Chapter; Decision of Awarding Authority to Be Final
Status: in_force

This chapter shall not be construed to give any person a right of action against the State of Alabama in any court for the recovery of the compensation authorized by this chapter. The decision of the awarding authority shall be final, and shall not be subject to appeal to or review by any court. Neither shall this chapter be construed to take away any right of action in any court under any other law for the recovery of damages for the death of an Alabama national guardsman; nor, in the event of the death of a guardsman who was an employee of the State of Alabama at the time of the injury which proximately caused his death, shall this chapter be construed to take away the right or privilege of the surviving dependents of such guardsman to file a claim for damages with the State Board of Adjustment pursuant to any other law.
Ala. Code § 31-9-40 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-40
Section 31-9-40 Compact Adopted and Enacted
Status: in_force

The Emergency Management Assistance Compact is enacted into law and entered with all jurisdictions mutually adopting the compact in the form substantially as follows:

THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT

Article I - Purpose and Authorities.

This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purpose of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

The compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states’ National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

Article II - General Implementation.

Each party entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government, that are essential to the safety, care, and welfare of the people in the event of any emergencies or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of appropriate interstate mutual aid plans and procedures necessary to implement this compact.

Article III - Party State Responsibilities.

(a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:

(1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.

(2) Review party states’ individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

(3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

(4) Assist in warning communities adjacent to or crossing the state boundaries.

(5) Protect and assure delivery of services, medicines, water, food, and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.

(6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

(7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

(b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:

(1) A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

(2) The amount and type of personnel, equipment, materials, and supplies needed, and a reasonable estimate of the length of time they will be needed.

(3) The specific place and time for staging of the assisting party’s response and a point of contact at that location.

(c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans, and resource records relating to emergency capabilities.

Article IV - Limitations.

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof. It is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for the state.

Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving states), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units shall come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state or states, whichever is longer.

Article V - Licenses and Permits.

Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when assistance is requested by the receiving party state, the person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving the skill to meet a declared emergency or disaster, subject to limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.

Article VI - Liability.

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes.

Article VII - Supplementary Agreements.

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

Article VIII - Compensation.

Each party shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of the forces in case members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

Article IX - Reimbursement.

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving the aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests. Any aiding party state may assume in whole or in part loss, damage, expense, or other cost, or may loan equipment or donate services to the receiving party state without charge or cost, provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

Article X - Evacuation.

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of the evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. The expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assure the responsibility for the ultimate support of repatriation of such evacuees.

Article XI - Implementation.

(a) This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by the state.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. The action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

(c) Duly authenticated copies of this compact and of supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States government.

Article XII - Construction.

This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

Article XIII - Additional Provisions.

(a) Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.

(b) This compact shall not affect the statutory authority or the emergency service authority of the Alabama State Law Enforcement Agency, the Department of Transportation, the Military Department, or any other department of state government.

(c) The legally designated state official who is assigned responsibility for emergency management shall not offer resources to, or request resources from, another compact member state, without prior discussion with and concurrence from the state agency, department, office, division, board, bureau, commission, or authority that may be asked to provide resources or that may utilize resources from another compact member state.

(d) The Director of the Emergency Management Agency shall, on or before the first day of January, two thousand three, provide to the Legislature and the Governor copies of all mutual aid plans and procedures promulgated, developed, or entered into after the effective date of this section. The Director of the Emergency Management Agency shall annually hereafter provide the Legislature and Governor with copies of all new or amended mutual aid plans and procedures on or before the first day of January of each year.
Ala. Code § 31-8-6 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-6
Section 31-8-6 Applications to Be Filed with and Forwarded by County Department of Human Resources
Status: in_force

All applications for pensions under this chapter shall be filed with the county department of human resources and shall be immediately forwarded by it together with all papers pertaining thereto, to the State Department of Human Resources.
Ala. Code § 31-13-19 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-19
Section 31-13-19 Notification of Federal and State Authorities When Unauthorized Alien Convicted of Violating State or Federal Law
Status: in_force

If an alien who is unlawfully present in the United States is convicted of a violation of state or local law and is within 30 days of release, the agency legally responsible for his or her custody at that time shall notify the United States Bureau of Immigration and Customs Enforcement and the Alabama Department of Homeland Security, pursuant to 8 U.S.C. § 1373. The Alabama Department of Homeland Security shall assist in the coordination of the transfer of the prisoner to the appropriate federal immigration authorities; however, the agency legally responsible for his or her custody at that time shall maintain custody during any transfer of the individual.
Ala. Code § 31-2A-71 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-71
Section 31-2A-71 (Article 71.) Execution of Sentence; Suspension of Sentence
Status: in_force

(a) If the sentence of the court-martial extends to dismissal or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law of the State of Alabama.

(b) If the sentence of the court-martial extends to dismissal or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until review of the case by the senior judge advocate and any action on that review under Section 31-2A-64 (Article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Section 31-2A-60 (Article 60) when so approved under that article.

(c) The convening authority may suspend the execution of any sentence or part thereof.
Ala. Code § 31-9A-10 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-10
Section 31-9A-10 Director May Accept Services from Federal Government and Private Persons
Status: in_force

Whenever the federal government or any agency or officer of the federal government, any other state, or any person, firm, or corporation offers to the state or, through the state, to any political subdivision of the state, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of homeland security, the state, acting through the director, or such political subdivision, acting through its governing body, may accept the offer, and, upon the acceptance, the director or governing body of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or funds on behalf of the state or political subdivision. This provision does not include grants listed in 42 U.S.C. § 5121 through 42 U.S.C. § 5206, the Robert T. Stafford Disaster Relief Act.
Ala. Code § 31-6-13 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-13
Section 31-6-13 Faculties of Qualifying Schools to Be Informed and to Inform Veterans’ Dependents of Benefits Provided
Status: in_force

The president or head of each qualifying school must inform the faculty members of each respective institution of the provisions and benefits of this chapter, who in turn shall inform the spouses, widows, and children of veterans attending such institutions as to their rights and benefits under the provisions of this chapter.
Ala. Code § 31-5-10 — Alabama Code / Title 31 / Chapter 5 / Section 31-5-10
Section 31-5-10 Veteran Service Officers and District Managers - Duties
Status: in_force

(a) Each veteran service officer and district manager shall perform the duties prescribed by policies, rules, and instructions adopted by the department and shall be administratively responsible to the commissioner.

(b) Each veteran service officer and district manager shall do all of the following:

(1) Cooperate with and assist local veteran service organizations in developing assistance programs for veterans.

(2) Furnish information and data to the commissioner relative to various aspects of the issues of veterans and dependents of veterans.

(3) Provide an information and referral service to veterans seeking aid and assistance in connection with matters pertaining to employment and reemployment, educational and vocational training, health, medical, rehabilitation, and housing services and facilities, emergency financial assistance, and other matters as appropriate.

(4) Cooperate with all national, state, and local governmental and private agencies offering services or any benefits to veterans and their families and dependents.

(5) Assist all resident veterans and their relatives, beneficiaries, and dependents in receiving from the United States and this state all compensation, pension, hospitalization, insurance, education, employment, loan guarantees, or other aid or benefit to which they may be entitled under existing federal law or laws of this state, or which may be created, and perform all other related duties assigned by the commissioner.

(6) Seek out and advise veterans of their rights and benefits under federal and state laws, encourage the use of educational opportunities, including trade and vocational training, and offer counsel to widows, orphans, and beneficiaries in order to secure the fullest extent of available benefits.
Ala. Code § 31-9-1 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-1
Section 31-9-1 Short Title
Status: in_force

This article may be cited as the “Alabama Emergency Management Act of 1955.”
Ala. Code § 31-2A-45 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-45
Section 31-2A-45 (Article 45.) Pleas of the Accused
Status: in_force

(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.

(b) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.
Ala. Code § 31-2-72 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-72
Section 31-2-72 General Officers of the Line
Status: in_force

General officers of the line shall be appointed under the rules and regulations of the Department of Defense. Such officers shall be appointed by the Governor from among active officers of the National Guard of Alabama, who have not less than six years’ active service in the National Guard of Alabama, with the advice and consent of the Senate. Vacancies in the offices caused by death, resignation, or removal while the Senate is not in session shall be filled by recess appointments by the Governor; provided, that should the vacancies in the grade of general officer of the line be in an organization in which the State of Alabama has joint interest with another state or states, the Governor is authorized to enter into a conference through the Military Department of the state with the other states concerned for the purpose of determining which state shall, with the concurrence of the other states, nominate the general officer to fill such vacancy in conformity with laws, rules, and regulations of the state and the United States written under the provisions of the National Defense Act; provided further, that staff officers allotted to this state, who are members of organizations jointly organized with other states, and who are on the staff of general or other officers who are commissioned in another state that has joint interest in a unit of the National Guard of this state, and whose appointment was approved by Alabama, shall be appointed by the Governor under the rules and regulations written under the provisions of the National Defense Act.
Ala. Code § 31-2A-117 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-117
Section 31-2A-117 (Article 117.) Provoking Speeches or Gestures
Status: in_force

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.
Ala. Code § 31-2B-4 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-4
Section 31-2B-4 Legal Services Office; State Staff Judge Advocates. (Amended by Act 2026-289)
Status: in_force

THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.

(a) The Legal Services Office shall be a joint office shared by the Alabama Army and Air National Guard. There shall be a State Staff Judge Advocate for both the Army National Guard and the Air National Guard.

(b) Each State Staff Judge Advocate shall do all of the following:

(1) Perform the duties as prescribed by the Adjutant General and state and federal law.

(2) Serve as the primary legal adviser to the Adjutant General regarding the State Military Department and all officers and agencies of the department.

(3) Provide independent legal advice in coordination with the Office of General Counsel and directly to the Director of the Joint Staff, chief of staff of each service, joint staff, and members of the Alabama National Guard, generally.

(4) Provide legal advice in the following areas:

a. Military justice.

b. Administration and operation of the State Military Department.

c. Business, property, and financial operations under the jurisdiction and authority of the State Military Department and the Armory Commission.

d. Administration, control, discipline, status, civil relations, and activities of all State Military Department personnel.

(5) Provide legal advice to the Adjutant General, Director of the Joint Staff, chief of staff of each service, and joint staff in all legal matters concerning the State Military Department, including environmental law, labor and civilian personnel law, contract law, and fiscal and tax law.

(6) Develop legal office management policies and procedures to accomplish all legal services within the Alabama National Guard.

(7) Direct the members of the Alabama National Guard Judge Advocate General Corps in the performance of their duties, including leading and managing all aspects of the Legal Service Office.

(8) Exercise technical supervision over the delivery of legal services in the Alabama Army and Air National Guard and all legal services personnel under the authority of the Adjutant General.

(9) Certify that all judge advocates are professionally qualified and maintain the highest levels of ethical and moral behavior and professional proficiency to perform legal duties.

(10) Manage the professional legal training within the Alabama National Guard.

(11) Determine the requirements for the Alabama National Guard’s acquisition of legal research materials, software, applications, and programs.

(12) Provide legal services to the Alabama National Guard through the Legal Services Office and the Office of General Counsel.

(13) Direct the delivery of Alabama Army and Air National Guard legal services across a broad spectrum of legal disciplines, including military justice, international and operational law, administrative and civil law, contract and fiscal law, claims, and legal assistance.
Ala. Code § 31-9-14 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-14
Section 31-9-14 Orders, Rules, and Regulations of Governor - Enforcement
Status: in_force

The law-enforcing authorities of the state and of the political subdivisions thereof shall enforce the orders, rules, and regulations issued pursuant to this article.
Ala. Code § 31-2A-146 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-146
Section 31-2A-146 (Article 146.) Short Title
Status: in_force

This act may be cited as the Alabama Code of Military Justice (ACMJ).
Ala. Code § 31-2-76 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-76
Section 31-2-76 Drills, Encampments, Maneuvers, Etc
Status: in_force

Each organization shall assemble for drill and instruction, including indoor target practice, and participation in encampments, maneuvers, and other exercises, including outdoor target practice, at such times and places and for such periods as may be prescribed by the Governor in accordance with the requirements of the Department of Defense regulations or Acts of Congress.
Ala. Code § 31-6-12 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-12
Section 31-6-12 Duties of Department of Veterans’ Affairs
Status: in_force

The State Department of Veterans’ Affairs is hereby charged with the duty of informing the veterans and their dependents in this state, through its county service commissioners and all other sources at its command, of the provisions of this chapter in order that those veterans and their dependents may know of the benefits provided in this chapter. The State Department of Veterans’ Affairs shall furnish and assist in preparing and producing all necessary blanks, forms, and other matters necessary for the veterans and their spouses, widows, or children to obtain the benefits provided under this chapter. The State Service Commissioner shall cause to be forwarded to the qualifying school of the applicant’s choice, a certificate of eligibility and entitlement, or other necessary proof for the veteran and his or her spouse, widow, or child to obtain the benefits made available hereby.
Ala. Code § 31-2A-22 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-22
Section 31-2A-22 (Article 22.) Who May Convene General Courts-Martial
Status: in_force

(a) General courts-martial may be convened by any one of the following:

(1) The Governor.

(2) The Adjutant General.

(3) Any general officer serving in the Alabama Army or Air National Guard .

(b) If any commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by the superior authority if considered desirable by the authority.
Ala. Code § 31-14-4 — Alabama Code / Title 31 / Chapter 14 / Section 31-14-4
Section 31-14-4 Military Stability Program
Status: in_force

There is established within the State Treasury the Military Stability Program. All state appropriations and any other funds collected pursuant to this chapter are appropriated for the purposes provided in this chapter and shall be deposited to the credit of the program. Any funds remaining in the Military Stability Program fund at the end of a fiscal year shall remain in the program and are reappropriated until expended in accordance with this chapter.
Ala. Code § 31-10-5 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-5
Section 31-10-5 Annual Report
Status: in_force

The Alabama Commission on Higher Education and the Adjutant General of the Alabama National Guard shall report to the Legislature by November 1st of each year, the number of new applicants in the new academic year, the years of eligibility remaining for each student, and the costs of the previous year’s expenditures to the program by each category of public institution of higher learning paid.
Ala. Code § 31-13-32 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-32
Section 31-13-32 Report to Alabama Department of Homeland Security
Status: in_force

(a) The Administrative Office of Courts shall submit a quarterly report, organized by county, to the Alabama Department of Homeland Security summarizing the number of cases in which an unlawfully present alien was detained by law enforcement and appeared in court for any violation of state law and shall include all of the following information in the report:

(1) The name of the unlawfully present alien.

(2) The violation or charge alleged to have been committed by the unlawfully present alien.

(3) The name of the judge presiding over the case.

(4) The final disposition of the case, including whether the unlawfully present alien was released from custody, remained in detention, or was transferred to the custody of the appropriate federal immigration authorities.

(b) The Alabama Department of Homeland Security shall publish on its public website, in a convenient and prominent location, the information provided in the quarterly report from the Administrative Office of Courts. The display of this information on the department’s public website shall be searchable by county and presiding judge.

(c) For the purposes of this section, the determination of whether a person is an unlawfully present alien shall be verified by the federal government pursuant to 8 U.S.C. § 1373(c).
Ala. Code § 31-2A-55 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-55
Section 31-2A-55 (Article 55.) Cruel and Unusual Punishments Prohibited
Status: in_force

Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Ala. Code § 31-2A-103 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-103
Section 31-2A-103 (Article 103.) Captured or Abandoned Property
Status: in_force

(a) All persons subject to this code shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

(b) Any person subject to this code who does any of the following shall be punished as a court-martial may direct:

(1) Fails to carry out the duties prescribed in subsection (a).

(2) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself.

(3) Engages in looting or pillaging.
Ala. Code § 31-2-87 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-87
Section 31-2-87 Supervision and Command of National Guard Organizations Jointly Maintained with Other States for Training and Instruction
Status: in_force

For the purpose of coordinating and making more effective the field and similar classes of instruction and training in organizations of the National Guard jointly maintained by Alabama and another state or other states during periods of field or similar training as provided under the National Defense Act, the units and personnel of the Alabama National Guard may, if authorized by the federal government, be placed under the supervision and command of higher organization commanders, who have been or may hereafter be appointed from other states, and whose appointment has the approval of this state and the states concerned and the officer recognized by the federal government. This requirement shall not be carried out unless and until the state or states jointly interested in a National Guard organization with Alabama shall have enacted a similar law; provided, that the objects of this section may be carried out with the consent of the Governor, without regard to similar laws enacted by other states, with the advice and approval of the ranking line officer of the Alabama National Guard present at the place of training and instruction and in command of the Alabama troops concerned. For the purpose of fixing the time limits of the periods mentioned in this section, the period of training shall begin when all the Alabama troops concerned have been reported as present in the camp or place of instruction and training and established in their company streets or quarters, and shall end when the Alabama troops concerned have terminated their field training schedule or other program of training or instruction and are reported as ready to leave the boundaries of the camp or training area for their home stations. Alabama troops shall not be required to yield authority and supervision of matters concerning transportation, in or out of the camp or other military area, finance and supply and which concern Alabama only in her relations with the federal government and for which the state is directly responsible to the federal government. The commanding officer appointed from another state, and such other officers of his command as he may designate, who are members of organizations in which Alabama has joint interest with other states and who are appointed and recognized in accordance with laws, rules, and regulations prescribed by the federal government, may, with the approval of the Governor, make tours of inspection and policy visits with the units of their organizations of the National Guard of Alabama, at their home stations or at other places, at such times as are mutually agreeable, it being understood that the state is not responsible or liable for any expenses incident to such visits.
Ala. Code § 31-2A-19 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-19
Section 31-2A-19 (Article 19.) Jurisdiction of Special Courts-Martial
Status: in_force

Subject to Section 31-2A-17 (Article 17), special courts-martial have jurisdiction to try individuals subject to this code for military-specific offenses made punishable by this code, and under such limitations as the Governor may prescribe, may adjudge any punishment not forbidden by this code except dishonorable discharge, dismissal, confinement for more than six months, or forfeiture of pay exceeding 24 days. Additional punishments under this section include reduction of soldiers or airmen in the rank of E-9 and below to the rank of E-1. Officers may be reduced in rank to the highest rank where the officer last served honorably before the underlying offense occurred.
Ala. Code § 31-2-22 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-22
Section 31-2-22 Disloyal or Insulting Remarks, Gestures, Etc., to or About Troops Engaged in Performance of Duties, Etc
Status: in_force

When troops of any branch of the Armed Forces of the United States or the State of Alabama are at drill in their respective armories, on the streets, public roads or other places where such drills are conducted, or while going to or returning from such duty, or when they are performing other duties required of them by the United States or the State of Alabama, it shall be unlawful for any person to make any disloyal or insulting remark, either to or about the troops, or to make any motion or gesture calculated to insult or humiliate the troops because of their being in such service, and any person guilty of making such disloyal remarks or of making any such sign, motion, or gesture, for the purpose and in the manner aforesaid, shall be guilty of a misdemeanor.
Ala. Code § 31-8-33 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-33
Section 31-8-33 Penalty for Violation of Laws Pertaining to Confederate Pensions
Status: in_force

Any person who violates any provisions of the laws of this state as to pensions for widows of Confederate veterans, if a penalty is not otherwise provided for such violation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500.00.
Ala. Code § 31-8-1 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-1
Section 31-8-1 State Department of Human Resources to Provide for Payment of Pensions Under Chapter
Status: in_force

The State Department of Human Resources, by and through the State Board of Human Resources and the Commissioner of the State Department of Human Resources, is hereby authorized, empowered and directed to provide for the payment to the widows of Confederate veterans and others entitled thereto the pension provided therefor pursuant to this chapter.
Ala. Code § 31-2-30 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-30
Section 31-2-30 Sale, Exchange, Etc., of Military Property; Seizure, Etc., of Illegally Acquired Military Property
Status: in_force

The clothes, arms, accoutrements, and military property of every character furnished by or through the state to any member of the armed forces of the state shall not be sold, bartered, loaned, exchanged, pledged, or given away, and no person not a member of the armed forces of the state or the United States or a duly authorized agent of this state or the United States, who has possession of such clothes, arms, accoutrements, and military equipment so furnished and which have been the subject of any such unlawful disposition shall have any right, title, or interest thereof, but the same shall be seized and taken wherever found by any military officer of the state, and shall thereupon be delivered to any commanding officer or other officer authorized to receive the same, who shall make an immediate report to the Adjutant General. The possession of any such clothes, arms, accoutrements and military equipments by any person not a member of the armed forces of this state or any other state or the United States shall be presumptive evidence of such sale, barter, loan, exchange, pledge or gift.
Ala. Code § 31-2A-63 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-63
Section 31-2A-63 (Article 63.) Rehearings
Status: in_force

Each rehearing under this code shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
Ala. Code § 31-13-15 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-15
Section 31-13-15 Employment of Unauthorized Aliens Prohibited
Status: in_force

(a) No business entity, employer, or public employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama. Knowingly employ, hire for employment, or continue to employ an unauthorized alien means the actions described in 8 U.S.C. § 1324a.

(b) Effective April 1, 2012, every business entity or employer in this state shall enroll in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify, shall verify the employment eligibility of the employee through E-Verify. A business entity or employer that uses E-Verify to verify the work authorization of an employee shall not be deemed to have violated this section with respect to the employment of that employee.

(c) On a finding of a first violation by a court of competent jurisdiction that a business entity or employer knowingly violated subsection (a), the court shall do all of the following:

(1) Order the business entity or employer to terminate the employment of every unauthorized alien.

(2) Subject the business entity or employer to a three-year probationary period throughout the state. During the probationary period, the business entity or employer shall file quarterly reports with the local district attorney of each new employee who is hired by the business entity or employer in the state.

(3) Order the business entity or employer to file a signed, sworn affidavit with the local district attorney within three days after the order is issued by the court stating that the business entity or employer has terminated the employment of every unauthorized alien and the business entity or employer will not knowingly or intentionally employ an unauthorized alien in this state.

(4) Direct the applicable state, county, or municipal governing bodies to suspend the business licenses and permits, if such exist, of the business entity or employer for a period not to exceed 10 business days specific to the business location where the unauthorized alien performed work.

(d)(1) Before a business license or permit that has been suspended under subsection (c) is reinstated, a legal representative of the business entity or employer shall submit to the court a signed, sworn affidavit stating that the business entity or employer is in compliance with the provisions of this chapter and a copy of the memorandum of understanding issued to the business entity or employer at the time of enrollment in E-Verify.

(2) The suspension of a business license or permit under subsection (c) shall terminate one business day after a legal representative of the business entity or employer submits a signed, sworn affidavit stating that the business entity or employer is in compliance with the provisions of this chapter to the court.

(e) For a second violation of subsection (a) by a business entity or employer, the court shall direct the applicable state, county, or municipal governing body to permanently revoke all business licenses and permits, if such exist, held by the business entity or employer specific to the business location where the unauthorized alien performed work. On receipt of the order, and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses and permits held by the business entity or employer.

(f) For a subsequent violation of subsection (a), the court shall direct the applicable governing bodies to forever suspend the business licenses and permits, if such exist, of the business entity or employer throughout the state.

(g) This section shall not be construed to deny any procedural mechanisms or legal defenses included in the E-Verify program or any other federal work authorization program. A person or entity that establishes that it has complied in good faith with the requirements of 8 U.S.C. § 1324a(b) establishes an affirmative defense that the business entity or employer did not knowingly hire or employ an unauthorized alien.

(h) In proceedings of the court, the determination of whether an employee is an unauthorized alien shall be made by the federal government, pursuant to 8 U.S.C. § 1373(c). The court shall consider only the federal government’s determination when deciding whether an employee is an unauthorized alien. The court may take judicial notice of any verification of an individual’s immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.

(i) Any business entity or employer that terminates an employee to comply with this section shall not be liable for any claims made against the business entity or employer by the terminated employee, provided that such termination is made without regard to the race, ethnicity, or national origin of the employee and that such termination is consistent with the anti-discrimination laws of this state and of the United States.

(j) If any agency of the state or any political subdivision thereof fails to suspend the business licenses or permits, if such exist, as a result of a violation of this section, the agency shall be deemed to have violated subsection (a) of Section 31-13-5 and shall be subject to the penalties thereunder.

(k) In addition to the district attorneys of this state, the Attorney General shall also have authority to bring a civil complaint in any court of competent jurisdiction to enforce the requirements of this section.

(1) Any resident of this state may petition the Attorney General to bring an enforcement action against a specific business entity or employer by means of a written, signed petition. A valid petition shall include an allegation that describes the alleged violator or violators, as well as the action constituting the violation, and the date and location where the action occurred.

(2) A petition that alleges a violation on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be acted upon.

(3) The Attorney General shall respond to any petition under this subsection within 60 days of receiving the petition, either by filing a civil complaint in a court of competent jurisdiction or by informing the petitioner in writing that the Attorney General has determined that filing a civil complaint is not warranted.

(l) This section does not apply to the relationship between a party and the employees of an independent contractor performing work for the party and does not apply to casual domestic labor performed within a household.

(m) It is an affirmative defense to a violation of subsection (a) of this section that a business entity or employer was entrapped.

(1) To claim entrapment, the business entity or employer must admit by testimony or other evidence the substantial elements of the violation.

(2) A business entity or employer who asserts an entrapment defense has the burden of proving by clear and convincing evidence the following:

a. The idea of committing the violation started with law enforcement officers or their agents rather than with the business entity or employer.

b. The law enforcement officers or their agents urged and induced the business entity or employer to commit the violation.

c. The business entity or employer was not already predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.

(n) In addition to actions taken by the state or political subdivisions thereof, the Attorney General or the district attorney of the relevant county may bring an action to enforce the requirements of this section in any county district court of this state wherein the business entity or employer does business.

(o) The terms of this section shall be interpreted consistently with 8 U.S.C. § 1324a and any applicable federal rules and regulations.
Ala. Code § 31-9A-5 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-5
Section 31-9A-5 Director of Homeland Security
Status: in_force

(a) The position of Director of Homeland Security is created. The director shall be the head of the department. The director shall be appointed by and hold office at the pleasure of the Governor and shall be subject to confirmation by the Senate. Notwithstanding the foregoing, any person holding the position of director on June 18, 2003, shall not be subject to confirmation by the Senate. The director shall devote his or her entire time to the duties of office and shall be subject to Chapter 25, Title 36, the Alabama Ethics Law. The salary of the director shall be set by the Governor.

(b) The director, subject to the direction and authority of the Governor, shall be the executive head of the department and shall be responsible to the Governor for coordinating, designing, and implementing Alabama’s program for homeland security. The director shall be the principal point of contact for and to the Governor with respect to homeland security issues.

(c) The director is given the following additional and cumulative powers and duties to:

(1) Receive intelligence information from federal authorities relating to homeland security and ensure that, to the extent allowed by law, all appropriate and necessary intelligence and law enforcement information regarding homeland security is disseminated to and exchanged among appropriate executive departments responsible for homeland security, and where appropriate, promote the exchange of such information with county and local governments and private entities.

(2) Assist in planning and executing exercises and simulations designed to practice those systems that would be utilized in response to a terrorist threat or attack within Alabama.

(3) Assist in state efforts to ensure public health preparedness for a terrorist event.

(4) Engage in the exchange of information with the federal government relating to immigration and efforts to improve the security of the borders, territorial waters, and ports of the United States.

(5) Coordinate the efforts to protect the people of Alabama and the state’s critical infrastructure from terrorist attack, including, but not limited to, energy production, transmission and distribution systems, telecommunications, nuclear facilities, public and privately owned information systems, special public and private events, transportation hubs and networks, livestock, water, food supplies, and research institutions. Notwithstanding any other provision of this chapter, the director shall not impose security requirements on any private sector facility that are inconsistent with existing or future requirements applicable to private sector facilities pursuant to federal law or regulations, including those adopted by the Nuclear Regulatory Commission, the Federal Energy Regulatory Commission, the federal Department of Homeland Security, or other federal agencies.

(6) Ensure that state, county, and local governmental agencies and authorities coordinate and cooperate with private sector security forces responsible for the protection of critical infrastructure consistent with federal laws and regulations applicable to private sector security forces related to homeland security issues.

(7) Promulgate, pursuant to the Alabama Administrative Procedure Act, necessary rules to implement and administer this chapter.

(d) The director shall coordinate the strategy of the Executive Branch for communicating with the public in the event of a terrorist threat or attack within the State of Alabama. The director shall also coordinate the development of programs for educating the public about the nature of terrorist threats and the appropriate precautions and responses.

(e) The director shall provide information and advice to the Director of Finance and to the Permanent Joint Legislative Committee on Finances and Budgets on the level and use of funding for state departments and agencies relating to homeland security. Prior to the Governor transmitting the annual budget to the Legislature, the director shall certify to the Director of Finance the funding levels that are necessary and appropriate to carry out the homeland security activities of the Executive Branch.

(f) The director and other personnel of the department shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies.

(g) The director shall have such additional authority, duties, and responsibilities as may be prescribed by the Governor within the confines of this chapter.
Ala. Code § 31-9-160 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-160
Section 31-9-160
Status: in_force

This act shall be known and may be cited as the Sarah Marsh Heaven’s 27 Camp Safety Act.
Ala. Code § 31-2-27 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-27
Section 31-2-27 Unauthorized Use of Military Property for Private Purposes
Status: in_force

No officer or enlisted man shall use, except upon military duty or by special permission of his commanding officer, any articles of military property belonging to the United States or the State of Alabama, and upon the use of such property for private purposes, without legal authority, he shall be guilty of a misdemeanor.
Ala. Code § 31-2-97 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-97
Section 31-2-97 Courts-Martial for Members of National Guard - Manual of Courts-Martial, Etc., to Govern Proceedings
Status: reserved

Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
Ala. Code § 31-2A-66 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-66
Section 31-2A-66 (Article 66.) Military Court-Martial Review Panel
Status: in_force

The Governor shall establish a Military Court-Martial Review Panel which shall be composed of one or more panels, and each panel shall be composed of not less than three appellate military judges. The military judges selected for the Military Court-Martial Review Panel shall be active, retired, or an individual who served for a minimum of eight years as a judge advocate within the Alabama Army or Air National Guard. Further composition and selection of judges for the panel shall be established by regulation pursuant to Sections 131 and 271 of the Constitution of Alabama of 2022. For the purpose of reviewing courts-martial cases, the body may sit in panels or as a whole in accordance with the rules prescribed by the Governor. All appeals of decisions of courts-martial shall proceed directly to the Military Court-Martial Review Panel.
Ala. Code § 31-2A-115 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-115
Section 31-2A-115 (Article 115.) Malingering
Status: in_force

Any person subject to this code who for the purpose of avoiding work, duty, or service does either of the following shall be punished as a court-martial may direct:

(1) Feigns illness, physical disablement, mental lapse, or derangement.

(2) Intentionally inflicts self-injury.
Ala. Code § 31-2-21 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-21
Section 31-2-21 Discrimination Against Person Wearing Uniform
Status: in_force

Any proprietor, manager, or employee of any public place within this state who discriminates against any person lawfully wearing the uniform of any branch of the Armed Forces of the United States or the State of Alabama because of that uniform shall be guilty of a misdemeanor.
Ala. Code § 31-2A-82 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-82
Section 31-2A-82 (Article 82.) Solicitation
Status: in_force

Any person subject to this code who solicits or advises another to commit a violation of this code, if the offense solicited or advised is attempted or committed, shall be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.
Ala. Code § 31-2C-3 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-3
Section 31-2C-3 Mission of Legal Assistance Program; Direction of Adjutant General
Status: in_force

(a) The mission of the Legal Assistance Program is to assist eligible clients with managing their personal legal affairs in a timely and professional manner by doing all of the following: (1) Meeting clients’ needs for information on personal legal matters. (2) Resolving clients’ personal legal problems whenever possible. (b) The Legal Assistance Program shall be under the direction of the Adjutant General. The mission of the Legal Assistance Program is based on military needs of readiness, morale, discipline, and retention according to the following: (1) Readiness. Because soldiers, airmen, and emergency-essential Department of Defense civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. (2) Morale. Fostering high morale of soldiers, airmen, and their families is an important aspect of readiness. High morale is enhanced by providing soldiers, airmen, and their families information, advice, and assistance responsive to their personal legal needs and problems. (3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure. (4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force. (5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.

(1) Meeting clients’ needs for information on personal legal matters. (2) Resolving clients’ personal legal problems whenever possible. (b) The Legal Assistance Program shall be under the direction of the Adjutant General. The mission of the Legal Assistance Program is based on military needs of readiness, morale, discipline, and retention according to the following: (1) Readiness. Because soldiers, airmen, and emergency-essential Department of Defense civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. (2) Morale. Fostering high morale of soldiers, airmen, and their families is an important aspect of readiness. High morale is enhanced by providing soldiers, airmen, and their families information, advice, and assistance responsive to their personal legal needs and problems. (3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure. (4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force. (5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.

(2) Resolving clients’ personal legal problems whenever possible. (b) The Legal Assistance Program shall be under the direction of the Adjutant General. The mission of the Legal Assistance Program is based on military needs of readiness, morale, discipline, and retention according to the following: (1) Readiness. Because soldiers, airmen, and emergency-essential Department of Defense civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. (2) Morale. Fostering high morale of soldiers, airmen, and their families is an important aspect of readiness. High morale is enhanced by providing soldiers, airmen, and their families information, advice, and assistance responsive to their personal legal needs and problems. (3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure. (4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force. (5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.

(b) The Legal Assistance Program shall be under the direction of the Adjutant General. The mission of the Legal Assistance Program is based on military needs of readiness, morale, discipline, and retention according to the following: (1) Readiness. Because soldiers, airmen, and emergency-essential Department of Defense civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. (2) Morale. Fostering high morale of soldiers, airmen, and their families is an important aspect of readiness. High morale is enhanced by providing soldiers, airmen, and their families information, advice, and assistance responsive to their personal legal needs and problems. (3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure. (4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force. (5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.

(1) Readiness. Because soldiers, airmen, and emergency-essential Department of Defense civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. (2) Morale. Fostering high morale of soldiers, airmen, and their families is an important aspect of readiness. High morale is enhanced by providing soldiers, airmen, and their families information, advice, and assistance responsive to their personal legal needs and problems. (3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure. (4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force. (5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.

(2) Morale. Fostering high morale of soldiers, airmen, and their families is an important aspect of readiness. High morale is enhanced by providing soldiers, airmen, and their families information, advice, and assistance responsive to their personal legal needs and problems. (3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure. (4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force. (5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.

(3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure. (4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force. (5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.

(4) Quality. Providing legal assistance is part of the Alabama National Guard’s ongoing effort to maintain a quality of life that will attract quality people. The Alabama National Guard must take care of its own if it is to recruit and retain a quality force.

(5) Retention. In order to retain service members, it is the mission of the Alabama National Guard Legal Assistance Program to assist service members with legal matters on a no cost basis to promote retention.
Ala. Code § 31-9A-12 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-12
Section 31-9A-12 Homeland Security Task Force
Status: in_force

(a) The Homeland Security Task Force shall consist of the following members:

(1) The Governor, as chairman.

(2) The Director of Homeland Security.

(3) The Director of Emergency Management.

(4) The Adjutant General.

(5) The Attorney General.

(6) The Commissioner of Agriculture and Industries.

(7) The State Health Officer.

(8) The Secretary of the Alabama State Law Enforcement Agency.

(9) The Director of Transportation.

(10) The Director of Finance.

(11) The Director of the Alabama Port Authority.

(12) The State Fire Marshal.

(13) A representative of county governments appointed by the Governor.

(14) A representative of municipal governments appointed by the Speaker of the House of Representatives.

(15) A representative of county law enforcement agencies appointed by the Speaker of the House of Representatives.

(16) A representative of municipal law enforcement agencies appointed by the President Pro Tempore of the Senate.

(17) A representative of paid fire departments appointed by the President Pro Tempore of the Senate.

(18) A representative of volunteer fire departments appointed by the Speaker of the House of Representatives.

(19) A representative of local emergency management agencies appointed by the Speaker of the House of Representatives.

(20) A representative of local emergency communications districts appointed by the Lieutenant Governor.

(21) A representative of the airport authorities located within the state appointed by the Lieutenant Governor.

(22) A representative of the Judicial Branch of Government of Alabama appointed by the Chief Justice of the Alabama Supreme Court.

(23) Other representatives as deemed necessary and appointed by the Governor, and approved by the legislative oversight committee.

(b) The appointments identified in subdivisions (13) through (21), inclusive, of subsection (a) shall be made from a list of three nominees from each of the enumerated groups.

(c) The membership of the Homeland Security Task Force shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(d) The task force shall meet at least twice each year and when convened by the Governor for the purpose of advising the Homeland Security Director on the comprehensive plan and program for homeland security and other matters as determined by majority vote of the task force.
Ala. Code § 31-2A-31 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-31
Section 31-2A-31 (Article 31.) Compulsory Self-Incrimination Prohibited
Status: in_force

(a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.

(b) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that he or she does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.

(c) No person subject to this code may compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.

(d) No statement obtained from any person in violation of this article or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial.
Ala. Code § 31-13-1 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-1
Section 31-13-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.
Ala. Code § 31-9-101 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-101
Section 31-9-101 Oversight Authority of Alabama Emergency Management Agency; Random Inspections
Status: in_force

The Alabama Emergency Management Agency shall have oversight authority on all storm shelters, both community and residential. The Alabama Emergency Management Agency may adopt administrative rules to carry out the intent of this article and to ensure that all prefabricated storm shelters funded in whole or in part by state or federal funds or eligible for reimbursement from the state or federal funds meet appropriate standards and guidelines prior to any payment or reimbursement from state or federal funds. In regards to residential storm shelters with capacity of not more than 16 people, the Alabama Emergency Management Agency shall perform random inspections of the manufacturers of those residential storm shelters and the installation of those residential storm shelters. There shall be no additional cost to the manufacturer or consumer for these random inspections.
Ala. Code § 31-2A-6a — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-6a
Section 31-2A-6a (Article 6A.) Military Judges
Status: in_force

Pursuant to Section 31-2-58, procedures pertaining to the selection and regulation of military judges shall be promulgated by the Adjutant General and approved by the Governor.
Ala. Code § 31-9A-8 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-8
Section 31-9A-8 Additional Powers and Duties
Status: in_force

In performing his or her duties under this chapter, the director may perform all of the following duties, under the direction and control of the Governor, and shall be authorized to:

(1) Prepare a comprehensive plan and program for homeland security, such plan and program to be integrated and coordinated with the plans of the federal government and of other states to the fullest possible extent, including plans for the security of critical infrastructure licensed or regulated by agencies of the federal government.

(2) Cooperate with the President and the heads of the armed forces, with the U. S. Department of Homeland Security, and with the officers and agencies of other states in matters pertaining to the security and defense of the state and nation.

(3) Assist in the utilization of the services and facilities of existing officers and agencies of the state and the political subdivisions of the state for homeland security issues.

(4) Assist state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with this chapter and with the orders, rules, and regulations made pursuant to this chapter.
Ala. Code § 31-2-101 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-101
Section 31-2-101 Courts-Martial for Members of National Guard - Punishment of Persons Disrupting Proceedings, Etc
Status: reserved

Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
Ala. Code § 31-14-3 — Alabama Code / Title 31 / Chapter 14 / Section 31-14-3
Section 31-14-3 Creation; Composition; Meetings; Compensation; Powers and Duties
Status: in_force

(a) The Alabama Job Creation and Military Stability Commission is created. Members of the commission shall include a chair and two vice chairs. The chair shall be the Lieutenant Governor, or in the absence of a Lieutenant Governor, the chair shall be the Governor, or his or her designee. The vice chairs shall be the President Pro Tempore of the Senate, or his or her designee, and the Speaker of the House of Representatives, or his or her designee.

(b) The commission shall also consist of the following members:

(1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives.

(2) Two members of the Senate appointed by the President Pro Tempore of the Senate.

(3) The Adjutant General of the Alabama National Guard.

(4) The Secretary of the Alabama State Law Enforcement Agency.

(5) The Secretary of the Department of Commerce.

(6) The Director of the Alabama Department of Economic and Community Affairs.

(7) The Commissioner of the Alabama Department of Veterans Affairs.

(8) One senator from the minority caucus appointed by the Lieutenant Governor.

(9) One representative from the minority caucus appointed by the Speaker of the House of Representatives.

(10) The chair of the Alabama House Military and Veterans Affairs Committee.

(11) The chair of the Alabama Senate Veterans, Military Affairs, and Public Safety Committee.

(12) One retired senior member of the Armed Forces for each of the five major military facilities in Alabama, Redstone Arsenal, Anniston Army Depot, Maxwell Air Force Base including the Gunter Annex, Fort Moore, and Fort Novosel who shall be appointed by the Governor, after consultation with the individual designated in subdivision (13) as the civic leader from the community which the senior member of the military shall represent.

(13) One civic leader with significant experience in military relocations from each of the five communities currently impacted most significantly by the presence of military facilities and assigned personnel who shall be appointed by the chair after consultation with the existing organizations described in subsection (g).

(c) Members of the commission shall serve for a term of four years with each appointment, may be reappointed for an unlimited number of terms, and shall serve on the commission until a replacement is appointed.

(d) The commission shall meet at the call of the chair; provided, that the commission shall meet at least once annually.

(e) The commission shall adopt rules for its governance, including, but not limited to, the filling of vacancies, the election of officers, the creation of committees, including an executive committee, and the execution of documents. Members of the commission, the executive committee of the commission, or any other committee established by the commission may participate in a meeting of the commission or committee by means of telephone conference, video conference, or using similar communications methods by means of which all individuals participating in the meeting may hear one another. Participation by such means shall constitute presence in person at a meeting for all purposes, including for purposes of establishing a quorum. Notice of meetings shall be provided in accordance with the Alabama Open Meetings Act and similar means of communication be allowed to provide for members of the public to listen and observe meetings.

(f) The Secretary of the Senate, the Clerk of the House of Representatives, the Legislative Services Agency, Legal Division, the Legislative Services Agency, Fiscal Division, and the Examiners of Public Accounts shall provide assistance as requested by the commission. Each legislative member of the commission and supporting staff shall be entitled to his or her regular legislative compensation and his or her per diem and travel expenses for each day he or she attends a meeting of the commission which shall be paid out of any funds appropriated for the use of the Legislature, upon warrants drawn on the Comptroller upon requisition signed by the commission’s chair. Members shall not receive additional legislative compensation or per diem when the Legislature is in session but shall receive his or her travel expenses for all meetings attended.

(g) The commission shall make proactive attempts to ensure the stability of Alabama-assigned Department of Defense resources by the study and evaluation of military organizations, personnel, civilian support personnel, equipment, and infrastructure currently located in the state, and the re-stationing or reorganization of military resources located in, relocating to, or outside of the state using the following items of evaluation:

(1) All Department of Defense personnel, assets, and equipment, including that belonging to the Alabama National Guard and Reserve units or forces.

(2) The economic impact of these resources on surrounding communities.

(3) Current policies, programs, and services that impact Department of Defense resources located in the state.

(4) The impact these Department of Defense assets and resources have on state and local job creation.

(5) The impact of Department of Defense assets and resources on local businesses and industry.

(6) Funding available or required to promote the sustained presence of Department of Defense assets and resources appropriated to the state.

(h) The commission shall not alter the purpose, replace, or change the role of any existing organization, task force, or committee within a military community with the purpose of promoting military growth, including Base Closure and Realignment Commission associated actions.

(i) The appointing authorities of the commission shall coordinate their appointments to assure the membership of the Alabama Job Creation and Military Stability Commission is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(j) The commission shall make an annual report to members of the Legislature no later than the seventh legislative day of each regular session detailing all commission activities and recommendations.

(k) The commission may accept gifts, contributions, bequests, grants, and other donations, whether public or private, of money, real property, or personal property and shall expend the same in furtherance of the work of the commission.

(l) The work of the commission shall be supported by the Military Stability Foundation, an Alabama nonprofit corporation incorporated on September 8, 2011, which shall not be considered a government body. Documents produced by or for the foundation shall not be considered public writings, even if viewed by or delivered to the commission, as the disclosure of the documents would be detrimental to the best interest of the public.
Ala. Code § 31-2A-15 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-15
Section 31-2A-15 (Article 15.) Commanding Officer’s Non-judicial Punishment
Status: in_force

(a) Under such regulations as prescribed, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this article. The Governor, the Adjutant General, or an officer in a general or flag rank in command may delegate the powers under this article to a principal assistant who is a member of the Alabama National Guard.

(b) For the purposes of this article, the term “day” means any of the following:

(1) For the purposes of pay, one day shall equal one active duty military payday.

(2) For all other purposes, one day shall equal one calendar day.

(c) For the purposes of this part, all members must be in military status when punishment is imposed.

(d) Any commanding officer serving as a brigade or battalion level commander (Army) or wing/group/base or the commander of a geographically separated unit (Air) may impose upon enlisted members of the officer’s command any of the following:

(1) An admonition.

(2) A reprimand.

(3) The withholding of privileges for up to six consecutive months.

(4) The forfeiture of pay of up to 12 days.

(5) A reduction to the next inferior pay grade of an enlisted member who is E-6 and below.

(6) A reduction to the lowest or any intermediate pay grade of an enlisted member who is E-4 and below.

(7) Extra duties, including fatigue or other duties, for up to eight days, which need not be consecutive.

(8) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.

(e) The Governor, the Adjutant General, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose the following:

(1) Upon officers of the officer’s command, any punishment authorized in subdivisions (1) through (4), (7), and (8) of subsection (d).

(2) Upon enlisted members of the officer’s command who are E-9 and below, any punishment authorized in subsection (d).

(3) Upon enlisted members who are E-6 or below, a reduction of not more than two pay grades.

(f) Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot exceed the authorized duration of the longest punishment in the combination, and there must be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this article.

(g) Prior to the offer of non-judicial punishment, the commanding officer shall determine whether restriction shall be considered as a punishment. The determination of whether restriction is a punishment option does not prohibit the accused from requesting his or her right to demand trial by special court-martial.

(h) The officer who imposes the punishment, or the successor in command, at any time, may suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. The officer also may do either of the following:

(1) Mitigate reduction in grade to forfeiture of pay.

(2) Mitigate extra duties to restriction.

The mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.

(i) An individual punished under this article who considers the punishment unjust or disproportionate to the offense, through the proper channel, may appeal to the next superior authority within 30 days after the punishment is either announced or sent to the accused, as the commander may determine. The appeal shall be promptly forwarded and decided. During the pendency of the appeal, the punishment shall not be implemented. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (h) by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.

(j) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this article; however, the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial and, when shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

(k) Whenever a punishment of forfeiture of pay is imposed under this article, the forfeiture may apply to pay accruing before, on, or after the date the punishment is imposed.

(l) Regulations may prescribe the form of records to be kept of proceedings under this article and may require that certain categories of those proceedings be in writing.

(m) The accused shall be informed of the location of and right to consult counsel with regard to any non-judicial punishment. The commander shall ensure the accused is given appropriate means to contact counsel.
Ala. Code § 31-2A-140 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-140
Section 31-2A-140 (Article 140.) Delegation by the Governor
Status: in_force

The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by Section 31-2A-22 (Article 22).
Ala. Code § 31-2C-8 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-8
Section 31-2C-8 Eligible Clients of the Legal Assistance Program
Status: in_force

Eligible clients of the Legal Assistance Program, subject to the limitations described herein, include all of the following:

(1) Alabama Army and Air National Guard members, employees, retirees, and their dependents. Retired members of the Alabama National Guard are those retirees who are entitled to or are receiving military retirement pay, including individuals on the temporary disability retired list.

(2) The Legal Assistance Associate General Counsel, with the advice and consent of the State Staff Judge Advocates, may limit legal assistance in times of emergencies or to certain categories of cases based on availability of expertise or resources.

(3) Dependents of eligible individuals identified herein. For purposes of this subdivision, the term “dependent” has the same meaning as defined in 10 U.S.C. § 1072.

(4) Surviving dependents of eligible individuals as identified herein who would be eligible for legal assistance, if the service member or retired member were alive.
Ala. Code § 31-8-28 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-28
Section 31-8-28 Annual Publication of County Pension List
Status: in_force

During the month of January of each year, the county department of human resources shall publish in a newspaper of the county an alphabetical list with full names and post-office addresses of all the pensioners on the pension roll of its county. Such list shall be published one time and shall be paid for from the county treasury at no more than the legal or contract rate for printing. The county department of human resources shall furnish the Commissioner of the State Department of Human Resources a copy of such publication, and the latter shall keep the same as permanent file of the State Department of Human Resources.
Ala. Code § 31-2A-91 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-91
Section 31-2A-91 (Article 91.) Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer
Status: in_force

Any warrant officer or enlisted member who does any of the following shall be punished as a court-martial may direct:

(1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.

(2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer.

(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office.
Ala. Code § 31-2-55 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-55
Section 31-2-55 (Operative If the Federal Government Creates a Space National Guard by 2025) Appointment of Officers and Enlisted Men and Women of Headquarters and Headquarters Detachment of National Guard
Status: in_force

Officers and enlisted men and women of the headquarters and headquarters detachment of the Alabama Army, Air, and Space National Guard shall be selected and appointed from among the active or inactive members of the National Guard by the Adjutant General in the same manner as for other units.
Ala. Code § 31-2A-58b — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-58b
Section 31-2A-58b (Article 58B.) Sentences: Forfeiture of Pay and Allowances During Confinement
Status: in_force

(a)(1) A court-martial sentence described in subdivision (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this article shall take effect on the date determined under Section 31-2A-57(a) (Article 57(a)) and may be deferred as provided by that article. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during that period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during that period.

(2) A sentence covered by this article is any sentence that includes confinement for any period of time.

(b) In a case involving an accused who has dependents, the convening authority or other person acting under Section 31-2A-60 (Article 60) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

(c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subdivision (a)(2), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
Ala. Code § 31-2-51 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-51
Section 31-2-51 Commander in Chief - Designated
Status: in_force

The Governor of Alabama, or any other person lawfully administering the duties of the office of the Governor of the state, shall be Commander in Chief of all the military and naval forces of the state, except when they shall be called or ordered into the service of the United States, and he shall have the power to embody the militia to repel invasion, suppress insurrection, and enforce the execution of the laws, but shall not command personally in the field unless advised to do so by resolution of the Legislature.
Ala. Code § 31-13-4 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-4
Section 31-13-4 Memorandum of Agreement with U.s. Department of Homeland Security
Status: in_force

(a) The Attorney General shall attempt to negotiate the terms of a memorandum of agreement between the State of Alabama and the United States Department of Homeland Security, as provided in 8 U.S.C. Section 1357(g), concerning the enforcement of federal immigration laws, detentions and removals, and related investigations in the State of Alabama by certain state law enforcement officers designated by the Attorney General.

(b) The memorandum of agreement negotiated pursuant to subsection (a) shall be signed on behalf of this state by the Attorney General and the Governor or as otherwise required by the appropriate federal agency.

(c) A report of the results of the attempt of the Attorney General to enter into a memorandum of agreement shall be submitted to the Legislature by March 1, 2012.
Ala. Code § 31-12A-2 — Alabama Code / Title 31 / Chapter 12A / Section 31-12A-2
Section 31-12A-2 Occupational Licenses Based on Military Education, Training, or Service
Status: in_force

Each of the examining boards, licensing boards, and departments described in Chapters 1 through 43 of Title 34 shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept education, training, or service completed by an individual as a member of the Armed Forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license or certification. Each such board and department shall promulgate rules to implement this section.
Ala. Code § 31-2-6 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-6
Section 31-2-6 Persons Exempted from Militia Service, Etc
Status: in_force

The officers, judicial and executive, of the government of the United States and the State of Alabama, persons in the Armed Forces of the United States, customhouse clerks, persons employed by the United States in the transmission of the mails, artisans and workmen employed in the armories, arsenals and navy yards of the United States, and pilots and mariners actually employed in the sea service of any citizen or merchant within the United States shall be exempt from militia duty, without regard to age, and all persons who, because of religious belief, shall claim exemption from military service, if the conscientious holdings of such belief shall be established under such regulations as the President of the United States or the Governor of Alabama shall prescribe, shall be exempted from the militia service in a combatant capacity, but no person so exempted shall be exempt from militia service in any capacity that the President of the United States or the Governor of Alabama shall declare to be noncombatant.
Ala. Code § 31-2A-56 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-56
Section 31-2A-56 (Article 56.) Maximum Limits
Status: in_force

(a) The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than one year for a military offense, nor shall a sentence of death be adjudged. A conviction by a court-martial of any military offense is a misdemeanor as defined under the Code of Alabama 1975.

(b) The limits of punishment for violations of the punitive articles prescribed herein shall be lesser of the sentences prescribed by the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code.
Ala. Code § 31-5A-8 — Alabama Code / Title 31 / Chapter 5A / Section 31-5A-8
Section 31-5A-8 Admissions and Discharges; Rulemaking Authority
Status: in_force

(a) Admissions to and discharges from any state veterans home shall be in accordance with the policies and procedures established by the department at the time an application for admission or for discharge is submitted.

(b) The department may admit and discharge veterans to any state veterans home who qualify for care and treatment under 38 U.S.C. §§ 1710 and 1741, and may adopt rules consistent with accepted medical considerations to carry out this function.
Ala. Code § 31-2A-46 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to Obtain Witnesses and Other Evidence; Subpoena
Status: in_force

The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the Alabama Rules of Criminal Procedure. Process shall run to any part of the United States, or the territories, commonwealths, and possessions, and may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or outside of the State of Alabama. A court-martial convened under this code may subpoena and compel the presence of witnesses and the production of documents in the same manner as a circuit court in a criminal case. The subpoena, however, shall be signed and issued by the assigned military judge and shall comply with the requirements of Chapter 21 of Title 12.
Ala. Code § 31-2A-58 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-58
Section 31-2A-58 (Article 58.) Execution of Confinement
Status: in_force

(a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this code. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.

(b) The omission of hard labor as a sentence authorized under this code does not deprive the state confinement facility from employing it, if it otherwise is within the authority of that facility to do so.

(c) No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
Ala. Code § 31-2A-89 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-89
Section 31-2A-89 (Article 89.) Disrespect Toward Superior Commissioned Officer
Status: in_force

Any person subject to this code who behaves with disrespect toward his or her superior commissioned officer shall be punished as a court-martial may direct.
Ala. Code § 31-2-98 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-98
Section 31-2-98 Courts-Martial for Members of National Guard - Evidence
Status: reserved

Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
Ala. Code § 31-2A-26 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-26
Section 31-2A-26 (Article 26.) Military Judge of a General Court-Martial
Status: in_force

(a) A military judge shall be detailed to each general court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.

(b) A military judge shall be all of the following:

(1) An active or retired commissioned officer.

(2) A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five years.

(3) Either a certified military judge or a judge of a court of competent jurisdiction who is approved by the Adjutant General.

(c) In the instance when a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the state judge advocate setting forth the qualifications provided in subsection (b) and with notice and approval of the State Bar and Chief Justice of the Alabama Supreme Court.

(d) The military judge of a general court-martial shall be designated by the state judge advocate, or a designee for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge who is detailed, which relates to performance of duty as a military judge.

(e) No individual is eligible to act as military judge in a case if that individual is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.

(f) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel nor vote with the members of the court.
Ala. Code § 31-5-7 — Alabama Code / Title 31 / Chapter 5 / Section 31-5-7
Section 31-5-7 Commissioner - Additional Duties
Status: in_force

(a) The commissioner shall submit an annual budget to the board of all funds appropriated by the Legislature to the department for the specific purposes for which they are appropriated and also a budget of any federal funds that may be allotted to the state by the federal government for the purposes of the department according to the regulations of the federal authorities. The commissioner shall publish annually a full report of the operations and administration of the department and submit the report to the board.

(b) The commissioner shall do all of the following:

(1) Prepare detailed plans for, and fully develop, a comprehensive statewide veterans assistance program.

(2) Cooperate with all other heads of the state departments in coordinating the plans and programs of state agencies that may properly be utilized in the administration of various aspects of the challenges faced by veterans and dependents of veterans.

(3) Provide a central contact between federal agencies dealing with the administration of veterans’ services and benefits.

(4) Maintain central case records of all veterans seeking services or benefits to create a clearinghouse of information and facilitate the interchange of information and case histories among state administrative agencies and the federal agencies.

(5) Become acquainted, and acquaint department associates and employees, with the federal, state, and local laws enacted for the benefit of members of the armed forces, veterans, and their families and dependents.

(6) Collect data and information about available facilities and services and cooperate with information or service agencies throughout the state to inform members of the armed forces, veterans, their families and dependents, and military and civil authorities regarding the existence or availability of all of the following:

a. Educational training and retraining facilities.

b. Health, medical, rehabilitation, and housing services and facilities.

c. Employment and reemployment services.

d. Provisions of federal, state, and local laws affording rights, privileges, and benefits to members of the armed forces, veterans, and their families and dependents.

e. Other matters of similar, relative, or appropriate natures.

(7) Assist all resident veterans and their relatives, beneficiaries, and dependents in receiving from the United States and this state all compensation, pensions, hospitalization, insurance, education, employment, loan guarantees, or any other aid or benefit to which they may be or may become entitled under existing laws of the United States or of this state.

(8) Cooperate and negotiate with the federal government and all national, state, and local governmental or private agencies to secure additional services or benefits for veterans, their families, and their dependents who are residents of this state.
Ala. Code § 31-2A-143 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-143
Section 31-2A-143 (Article 143.) Uniformity of Interpretation
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-7-4 — Alabama Code / Title 31 / Chapter 7 / Section 31-7-4
Section 31-7-4 Application for Bonus
Status: in_force

All applications for bonus or gratuity payments provided in this chapter must be made to the State Department of Veterans’ Affairs. No payment shall be made under this chapter except on applications duly received and approved by the department.
Ala. Code § 31-8-9 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-9
Section 31-8-9 Proof of Service of Husband
Status: in_force

Upon the application of the widow of any Confederate soldier or sailor, or the widow of any Alabama soldier or sailor who served in the state in the War Between the States, the fact of her deceased husband’s having served as alleged, and of his not deserting, may be proven by the affidavit of two reliable witnesses who are acquainted with the facts; or if such witnesses cannot be found, upon affidavit to that fact, it may be proven by any evidence that will satisfactorily prove the truth of such facts. Whenever the proof of such facts is made by evidence other than the affidavit of two reliable witnesses, such evidence shall be reduced to writing and subscribed and sworn to by the witness offering the evidence.
Ala. Code § 31-3-1 — Alabama Code / Title 31 / Chapter 3 / Section 31-3-1
Section 31-3-1 (Operative If the Federal Government Creates a Space National Guard by 2025) Definitions
Status: in_force

(a) The following words and phrases when used in this chapter shall have the following meanings, respectively, unless the context shall clearly indicate a different meaning in the connection used:

(1) AWARDING AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4 of Chapter 9 of Title 41 of this Code.

(2) CHILD or CHILDREN. Includes posthumous children and all other children entitled by law to inherit as children of the deceased, also stepchildren who were members of the family of the deceased at the time of his or her death, and dependent upon him or her for support, also a grandchild of the deceased Alabama national guardsman, whose parent is dead or is an invalid, and who was supported by and was a member of the family of the deceased grandparent at the time of his or her death.

(3) DEPENDENT CHILD. An unmarried child under the age of 18 years, or one over that age who is physically or mentally incapacitated from earning.

(4) ALABAMA NATIONAL GUARDSMEN. The officers and men and women commissioned or enlisted in the Alabama National Guard, army, air, or space, as defined in Section 31-2-3.

(b) For the purposes of this chapter, the following described persons shall be conclusively presumed to be wholly dependent:

(1) A spouse of an Alabama National Guardsman, unless it be shown that the spouse was voluntarily living apart from the national guardsman at the time of the national guardsman’s death, or unless it be shown that the national guardsman was not in any way contributing to his or her spouse’s support and had not in any way contributed to his or her spouse’s support for more than 12 months next preceding the occurrence of the injury causing the national guardsman’s death.

(2) Minor children under the age of 18 years and those, if physically and mentally incapacitated from earning, children 18 or more years of age.

(3) A husband, wife, child, mother, father, grandmother, grandfather, sister, brother, mother-in-law, and father-in-law who were wholly supported by the deceased Alabama national guardsman, at the time of the national guardsman’s death and for a reasonable period of time prior thereto, shall be considered his or her dependents and payment of compensation may be made to them as authorized in this chapter.

(c) Any member of the class named in subdivision (b)(3) who regularly derived part of his or her support from the earnings of the deceased Alabama national guardsman, at the time of death of the national guardsman and for a reasonable time immediately prior thereto, shall be considered a partial dependent of the national guardsman and payment of compensation may be made to the partial dependent as authorized in this chapter.
Ala. Code § 31-4-5 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-5
Section 31-4-5 Financing or Refinancing of Armories, Etc
Status: in_force

The Armory Commission of Alabama is hereby authorized, in addition to all other powers and authority granted herein, to finance or refinance any armory buildings or structures now in existence, to finance or refinance improvements to or additions to such armories already in existence and to finance the construction and maintenance of new or additional armories. The Armory Commission of Alabama is hereby vested with the full authority and power to finance or refinance armories already in existence, to finance the construction of improvements or additions to such armories already in existence and to finance the construction of such new or additional armories by or through any plan or plans of finance or refinance acceptable to or adopted by the Armory Commission. The Armory Commission is authorized to provide for such financing or refinancing by the sale of bonds, by the matching of funds donated or loaned by any agency of the federal government or by any other plan of finance or refinance acceptable to and adopted by the commission, it being intended by this section to vest in the Armory Commission of Alabama, full, complete, and exclusive authority, not inconsistent with the Constitution of Alabama, to select and put into effect any feasible plan of finance or refinance the commission may adopt.
Ala. Code § 31-2A-132 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-132
Section 31-2A-132 (Article 132.) Frauds Against the Government
Status: in_force

Any person subject to this code who does any of the following shall, upon conviction, be punished as a court-martial may direct:

(1) Knowing it to be false or fraudulent, makes any claim against the United States, the state, or any officer thereof.

(2) For the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof makes or uses any writing or other paper knowing it to contain any false or fraudulent statements, makes any oath, affirmation, or certification to any fact or to any writing or other paper knowing the oath, affirmation, or certification to be false, or forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited.

(3) Having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the Armed Forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he or she receives a certificate or receipt.

(4) Being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the Armed Forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state.
Ala. Code § 31-9-83 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-83
Section 31-9-83 Distributions from Fund; Eligibility; Purposes
Status: in_force

(a) Disbursements from the recovery fund for purposes set out in this section shall only be available as provided herein upon a proclamation from the Governor or Legislature made pursuant to Section 31-9-8, and a proclamation made by the local governing body in the county or municipality affected by the disaster. The following rules shall apply for all distributions from the recovery fund for purposes set out in this section:

(1) Distributions may not be used for state emergency response and relief efforts, except as determined appropriate pursuant to rules adopted by the committee under Section 31-9-86.

(2) Distributions under this section shall only be available to reimburse an eligible county or municipality for those expenses not covered by insurance or other similar programs.

(3) Distributions under this section shall be limited for each incident period to 50 percent of the monies existing in the recovery fund at the time of the award or 75 percent of the expenses incurred by the eligible county or municipality, whichever is less.

(b) To be eligible for financial assistance from the recovery fund under this section, the county or municipality requesting assistance shall have complied with Article 3, commencing with Section 41-16-50 of Chapter 16, Title 41, and Title 39, unless the emergency provisions authorized in paragraph a. of subdivision (5) of subsection (b) of Section 31-9-10, apply. Additionally, the eligible county or municipality shall be a participant in or have in place on the date of the disaster proclamation each of the following:

(1) A current emergency operations plan which has been in effect for three years or less or has been amended or renewed during the previous three years.

(2) An adopted debris management plan.

(3) A hazard mitigation plan approved according to guidelines established by the Federal Emergency Management Agency.

(4) A local emergency management director, working directly with or employed by the applying local government, who meets or is working toward the certification requirements provided in Section 31-9-61.

(5) Active coverage from the National Flood Insurance Program, if such coverage is available, which applies to any publicly owned structure or property for which the applying local government seeks assistance from the state disaster recovery program established by this article.

(c) The recovery fund shall be available to eligible counties and municipalities for the following designated activities, which may include reimbursement of any overtime wages paid for disaster related activities, but shall not include reimbursement for any regular wages paid:

(1) Debris removal which is necessary to eliminate immediate threats to life, public health, and safety; to eliminate immediate threats of significant damage to public property; or to ensure economic recovery of the affected community to the benefit of the community-at-large. For the purposes of this article, debris removal shall include all of the following:

a. The clearance of trees and woody debris.

b. Removal of wrecked buildings.

c. Sand, mud, silt, and gravel removal.

d. Vehicle removal.

e. Removal of other disaster-related material.

(2) Emergency protective measures necessary to eliminate or reduce an immediate threat to life, public health, or safety or an immediate hazard that threatens significant damage to public property. Emergency protective measures shall include all of the following:

a. Search and rescue.

b. Emergency medical care.

c. Emergency mass care and shelter which cannot be provided by volunteer agencies.

d. Security in the disaster area.

e. Provision of food, water, ice, and other essential needs for use by local citizens.

f. Provision of temporary facilities for essential community services.

(3) Replacement or repair of infrastructure including roads and bridges, water control facilities, buildings, and equipment.
Ala. Code § 31-2A-61 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-61
Section 31-2A-61 (Article 61.) Withdrawal of Appeal
Status: in_force

(a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and his or her defense counsel and must be filed in accordance with appellate procedures as provided by law.

(b) The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.
Ala. Code § 31-10-23 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-23
Section 31-10-23 Active Member of National Guard Who Is Out-of-State Resident
Status: reserved

REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.

Any active member of the Alabama National Guard who is an out-of-state resident shall qualify for the tuition benefits provided by this article subject to the following limitations and conditions:

(i) The member enrolls in an educational institution within this state.

(ii) The tuition benefits provided to the out-of-state member shall not exceed an amount equivalent to the amount the member would have received if he or she resided in Alabama.
Ala. Code § 31-2A-57a — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-57a
Section 31-2A-57a (Article 57A.) Deferment of Sentences
Status: in_force

(a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person’s sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person’s jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

(b)(1) In any case in which a court-martial sentences an accused referred to in subdivision (2) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States, or a foreign country referred to in that subdivision.

(2) Subdivision (1) applies to a person subject to this code who meets both of the following:

a. While in the custody of a state, the United States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial.

b. After the court-martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.

(3) In this subsection, the term “state” includes the District of Columbia and any commonwealth, territory, or possession of the United States.

(c) In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under Section 31-2A-67(a) (Article 67(a)) is pending, the Adjutant General may defer further service of the sentence to confinement while that review is pending.
Ala. Code § 31-7-2 — Alabama Code / Title 31 / Chapter 7 / Section 31-7-2
Section 31-7-2 Assignment, Attachment, Etc., Prohibited; Bonus Not Subject to State Taxation
Status: in_force

No assignment or pledge as security for a loan or any right or claim to the bonus under this chapter shall be valid. No sum payable under this chapter to a veteran shall be subject to attachment, levy, or seizure under any legal or equitable process, or be subject to taxation, either as income or otherwise, by the State of Alabama.
Ala. Code § 31-2-80 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-80
Section 31-2-80 Exemption from Ad Valorem Taxes of Property Owned or Leased by Units of Armed Forces
Status: in_force

All property, both real and personal, belonging to a unit of the armed forces of the state, officially recognized as such by the federal government, shall be exempt from ad valorem taxes, state, county, and municipal. This exemption shall apply to real property when leased to any unit of the Alabama National Guard, provided the agreement or contract of lease is approved in writing by the Adjutant General, while the same is under the custody and control of the National Guard unit, and said exemption shall not be vitiated should the National Guard organization sublease a part of the premises when the rental derived from such lease is used entirely and solely for the benefit of the National Guard organization, and when such sublease or permissive use shall be subject to immediate termination by the National Guard unit at the discretion of the Governor.
Ala. Code § 31-2A-101 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-101
Section 31-2A-101 (Article 101.) Improper Use of Countersign
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-2-43 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-43
Section 31-2-43 Status of Officers and Enlisted Men of National Guard and Naval Militia Upon Release from Active Federal Service
Status: in_force

Officers, warrant officers, and enlisted men of the National Guard or Naval Militia of Alabama, after being called, drafted, or ordered into the federal service, shall, upon being relieved from active duty in the military and naval service of the United States, as individuals and units revert to their National Guard or Naval Militia status and shall continue to serve in the National Guard or Naval Militia until the dates upon which their enlistments, entered into prior to the call, draft, or order into the active service of the United States, would have expired if uninterrupted.
Ala. Code § 31-2A-10 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-10
Section 31-2A-10 (Article 10.) Restraint of Persons Charged with Offenses
Status: in_force

Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
Ala. Code § 31-9C-4 — Alabama Code / Title 31 / Chapter 9C / Section 31-9C-4
Section 31-9C-4 First Responders Wireless Commission Fund
Status: in_force

(a) There is hereby created in the State Treasury the First Responders Wireless Commission Fund, which shall be used for expenses incurred by the commission in carrying out this chapter. Expenditures shall be administered by the Alabama Department of Homeland Security, with expenditures approved by the commission.

(b) The fund may consist of gifts, federal grants, appropriations from the Legislature, fees and contributions from user agencies that the commission considers necessary to maintain and operate the system, monies collected for lease or sublease under this chapter, and monies from any other sources permitted by law.

(c) Any monies remaining in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain in the First Responders Wireless Commission Fund.
Ala. Code § 31-9A-1 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-1
Section 31-9A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Homeland Security Act of 2003.”
Ala. Code § 31-12-2 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-2
Section 31-12-2 Relation to Federal Law
Status: in_force

(a) Whenever any active member of the Alabama National Guard, or a member of the national guard of another state who is employed in this state, in time of war, armed conflict, or emergency proclaimed by the Governor or by the President of the United States, shall be called or ordered to state active duty or federally funded duty for other than training, the provisions of the federal Servicemembers Civil Relief Act (SCRA) and the federal Uniformed Services Employment and Reemployment Rights Act shall apply, notwithstanding that the duties are performed while on state active duty status. If a period of active service is required for purposes of these federal laws, that same period of state active duty service shall be required for these provisions to apply.

(b) Those active members as defined in subsection (a) called or ordered to active duty for a period of 30 consecutive days or more shall be eligible for military differential pay pursuant to Section 31-12-5 and restoration of annual or sick leave pursuant to Section 31-12-8.
Ala. Code § 31-2-71 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-71
Section 31-2-71 Qualifications and Appointment of National Guard Staff Officers Headquartered in Other States
Status: in_force

Staff officers allocated to the Alabama National Guard whose headquarters are situated in other states shall be appointed by the Governor. The qualifications of candidates for such appointments shall be the same as is now required by law for the appointment of other officers of the Alabama National Guard.
Ala. Code § 31-8-29 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-29
Section 31-8-29 Grand Jury Investigations of County Pension List; Report
Status: in_force

The county department of human resources of each county shall, at least twice a year, submit a certified list of the pensioners on the roll of its county, with the post-office address of each, to the judge of the circuit court, who shall specifically charge the grand jury to investigate the pension list for the purpose of ascertaining such as are not entitled to pensions. The list may be purged of any names on the list who are not entitled to receive pensions, and the foreman of such grand jury shall report through the county department of human resources to the State Department of Human Resources the recommendation of the grand jury as to such names as from their investigation are not entitled to the benefits of this chapter. Such names shall, on order of the State Department of Human Resources, be stricken from the pension roll.
Ala. Code § 31-12-8 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-8
Section 31-12-8 Annual or Sick Leave
Status: in_force

Any public employee covered under Section 31-12-7 who was required to use annual or sick leave as a result of being called to active service in any of the Armed Forces of the United States during the war on terrorism which commenced in September 2001, as determined by the Adjutant General of the Alabama National Guard, shall have their leave restored.
Ala. Code § 31-2-48 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-48
Section 31-2-48 Manner of Ordering Out Unorganized Militia; Organization; Appointment of Officers
Status: in_force

The Governor shall, when ordering out the unorganized militia, designate the number. He may order them out either by call for volunteers or draft. The unorganized militia may be attached to the several organizations of the National Guard or Naval Militia, or organized into separate divisions, brigades, regiments, battalions, companies, or detachments as the Governor may deem best for service. He shall appoint the commissioned officers and warrant officers in the same manner as provided in this chapter for the appointment of officers and warrant officers of the National Guard and Naval Militia.
Ala. Code § 31-2B-13 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-13
Section 31-2B-13 Direction and Duties of Paralegals and Warrant Officers. (Amended by Act 2026-289)
Status: in_force

THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.

(a) In accordance with Army Regulation 27-1, all paralegals and warrant officers are under the direction of a State Staff Judge Advocate with supervision delegated to each Command Judge Advocate, Staff Judge Advocate, or Brigade Judge Advocate, as appropriate.

(b) Unless directed otherwise by the State Staff Judge Advocate, all paralegals and warrant officers shall perform only legal professional duties as outlined in their respective legal service regulations.
Ala. Code § 31-2-10 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-10
Section 31-2-10 Appropriations for State Defense Force
Status: in_force

(a) All regular military appropriations made for the purpose of recruiting, organizing, and maintaining the National Guard of Alabama or Naval Militia shall, in the event the National Guard is disbanded, abandoned, or called to federal active duty, be available and is hereby appropriated to the Alabama State Defense Force for the same purposes and for the purpose of organizing, maintaining, and training the Alabama State Defense Force under complete state control.

(b) Special military appropriations made for the purpose of paying costs incident to emergency state military service are hereby made available for the purposes of paying the expenses of the Alabama State Defense Force.
Ala. Code § 31-2A-112a — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-112a
Section 31-2A-112a (Article 112A.) Wrongful Use, Possession, Etc., of Controlled Substances
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-2-94 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-94
Section 31-2-94 Courts-Martial for Members of National Guard - Appointment and Powers of Punishment of Special Courts-Martial
Status: reserved

Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
Ala. Code § 31-10-1 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-1
Section 31-10-1 Short Title
Status: in_force

This article shall be known as the Alabama “National Guard Educational Assistance Act.”
Ala. Code § 31-9-20 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-20
Section 31-9-20 Employment of Subversives by Emergency Management Organizations; Loyalty Oath
Status: in_force

No person shall be employed or associated in any capacity in any emergency management organization established under this article who advocates a change by force or violence in the constitutional form of the government of the United States or of this state, or the overthrow of any government in the United States by force or violence, or who has been convicted of, or is under indictment or information, charging any subversive act against the United States. Each person who is appointed to serve in an organization for emergency management shall, before entering upon his or her duties, take an oath, in writing, before a person authorized to administer oaths, or the State Emergency Management Director, or his or her duly authorized representatives, which oath shall be substantially as follows:

“I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alabama, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

“And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of emergency management organization) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence.”
Ala. Code § 31-9-62 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-62
Section 31-9-62 Salary Supplement; Allocation of Federal Funds
Status: in_force

(a) For the purposes of this section, a certified local emergency management director is a local emergency management director who completes the requirements to be a certified local emergency management director and is so designated by the Director of the Alabama Emergency Management Agency.

(b)(1) Each state-recognized local emergency management organization that employs and retains a certified local emergency management director shall receive an annual salary supplement from the Alabama Emergency Management Agency to constitute 35 percent of the certified local emergency management director’s total salary. In no case shall the salary supplement paid as provided herein be more than seventeen thousand dollars ($17,000) per county.

(2) The salary supplement shall be paid quarterly as a reimbursement for the salary paid to the local director in the prior three months, under rules and procedures established by the Director of the Alabama Emergency Management Agency. A salary supplement shall not be paid to certified local emergency management directors who receive that status on or after October 1, 2023, until the beginning of the fiscal year following the completion of the requirements and designation by the Director of the Alabama Emergency Management Agency.

(c) Beginning on October 1, 2007, and each year thereafter, the department shall set aside additional federal funds in an amount equal to 25 percent of the total increase in such funds above those amounts received in the fiscal year ending September 30, 2007. These funds shall be divided equally among the state-recognized local emergency management organizations that employ and retain a certified local emergency management director.

(d) There is annually appropriated from the state General Fund to the Alabama Emergency Management agency such funds as are necessary to meet the requirements of this section.

(e) No monies provided for in this article may be expended for any purpose unless they have been appropriated by the Legislature and allocated pursuant to this article. Any funds appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.
Ala. Code § 31-9A-13 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-13
Section 31-9A-13 Immunity of State from Liability
Status: in_force

All functions under this chapter and all other activities relating to homeland security are declared to be governmental functions and protected by the State of Alabama governmental immunity.
Ala. Code § 31-2A-20 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-20
Section 31-2A-20 (Article 20.) Jurisdiction of Summary Courts-Martial
Status: in_force

(a) Subject to Section 31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the Governor may prescribe.

(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general courts-martial may be ordered, as may be appropriate. Summary courts-martial, under such limitations as the Governor may prescribe, may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct discharge, confinement, restriction to specified limits for more than two months, or forfeiture of more than 15 days of pay.
Ala. Code § 31-2-108 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-108
Section 31-2-108 Appropriations for Operation, Support, Etc., of National Guard Organizations; Quarterly Allowances to Commanders
Status: in_force

The Legislature of Alabama shall appropriate during each of its regular sessions, or during such other sessions as conditions may require, a sufficient sum of money, based upon estimates and recommendations of the Adjutant General and approved by the Governor, for the purpose of defraying all expenses necessary and incident to the operation and support, health, safety, welfare, and morale of personnel assigned to headquarters and organizations of the Alabama National Guard, or for any other purpose that the Adjutant General may approve. There shall be annually allowed to commanders such sums as the Adjutant General may determine and the Governor may approve, such allowances to be paid quarterly, and based on administrative responsibility and the type and number of units occupying the facility. In order to secure such quarterly allowances, the commanders shall be required to render an accounting of all receipts and disbursements quarterly or for such period as the Adjutant General may require, such accounting of funds to be in accordance with rules and regulations prescribed by the Adjutant General and approved by the Governor.
Ala. Code § 31-5-6 — Alabama Code / Title 31 / Chapter 5 / Section 31-5-6
Section 31-5-6 Commissioner - Qualifications; Appointment; Term of Office and Removal; Powers and Duties
Status: in_force

(a) The Governor shall appoint a commissioner to serve at the Governor’s pleasure. The commissioner shall be appointed on the basis of education, ability, and experience in handling veterans’ affairs, and without regard to political affiliations. The commissioner shall be a resident of this state, shall be a veteran who served on active duty for a period of 60 days or more in the Armed Forces of the United States, and shall have been honorably discharged. The commissioner’s salary shall be set by the Governor and shall not be subject to Section 36-6-6.

(b) The commissioner shall be the executive and administrative officer of the department and may issue administrative orders and directives to all officials and employees in the department.

(c) The department, acting through the commissioner, shall be the designated agency of this state to represent the state and its veterans before the United States Department of Veterans Affairs or any other agency dealing with the interests of veterans.

(d) The commissioner, in consultation with the board, may enter into reciprocal agreements with other states to render services in this state to veterans who are nonresidents.

(e) The commissioner shall appoint all assistant commissioners, district managers, and veteran service officers as provided in this chapter, fix salaries, and establish minimum standards of service. This power shall be without regard to any limitation established by law, unless any law passed hereafter shall refer specifically to a particular officer or employee of the department.

(f) The commissioner shall appoint all personnel in the department as authorized or may be authorized in the future under the state Merit System and approved by the State Personnel Board.

(g) The commissioner may engage in activities designed to educate, recognize, and promote the mission of the board to veterans, the public, potential applicants, and other public agencies and, in doing so, may incur marketing expenditures for educational, informational, and promotional items to be used to further its purposes.
Ala. Code § 31-2C-10 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-10
Section 31-2C-10 Preventative Law Services
Status: in_force

Preventative law services are an integral part of the Legal Assistance Program as defined in Army Regulation 27-1 and Air Force Instruction 51-304, the purpose of which is to assist and educate Alabama National Guard members, employees, retirees, and dependents about their legal rights, privileges, and responsibilities. The Alabama National Guard Legal Assistance Program shall strive to work with state agencies, local and state bar associations, and community leaders on the most pressing legal issues to best address any issues and to disseminate legal information to assist eligible persons in making sound legal decisions.
Ala. Code § 31-9-4 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-4
Section 31-9-4 State Emergency Management Agency; Director of Emergency Management. (Amended by Act 2026-297)
Status: in_force

THIS ACT WAS AMENDED BY ACT 2026-297, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.

(a) There is hereby created within the executive branch of the state government a department of emergency management, hereinafter called the “Emergency Management Agency,” with a Director of Emergency Management, hereinafter called the “director,” who shall be the head thereof. The director shall be appointed by the Governor. The director shall devote his or her entire time to the duties of the office. The director shall not hold another office under the government of the United States or any other state, or of this state, or any political subdivision thereof, during his or her incumbency in such office, and shall not hold any position of trust or profit, or engage in any occupation or business the conduct of which shall interfere or be inconsistent with the duties of Director of Emergency Management under the provisions of this article. The director shall hold office during the pleasure of the Governor.

(b) The director may employ, subject to the provisions of the Merit System Act, such technical, clerical, stenographic, and other personnel and may make such expenditures within the appropriation therefor, or from other funds made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this article; provided, that the state shall not pay the compensation, if any, of block wardens, fire guards, first aid specialists, auxiliary firemen, auxiliary policemen, and similar emergency management personnel, nor shall it pay the compensation of personnel employed by or for a local organization for emergency management.

(c) The director and other personnel of the Emergency Management Agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies.

(d) The director, subject to the direction and control of the Governor, shall be the executive head of the Emergency Management Agency and shall be responsible to the Governor for carrying out the program for emergency management of this state. The director shall coordinate the activities of all organizations of emergency management within the state, and shall maintain liaison with and cooperate with major commanders of the armed forces within the state, the Alabama State Law Enforcement Agency, the State Military Department, and with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this article as may be prescribed by the Governor.

(e) The director shall also hold the position of Assistant Director of Homeland Security for Emergency Preparedness and Response.
Ala. Code § 31-13-33 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-33
Section 31-13-33 Rental Agreements with Unauthorized Aliens Prohibited
Status: in_force

Notwithstanding any other provision of law to the contrary, it shall be unlawful for a person to harbor an alien unlawfully present in the United States by entering into a rental agreement, as defined by Section 35-9A-141, with an alien to provide accommodations, if the person knows or recklessly disregards the fact that the alien is unlawfully present in the United States.
Ala. Code § 31-9A-2 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-2
Section 31-9A-2 Findings and Declaration of Necessity; Purpose of Chapter and Public Policy
Status: in_force

(a) As a result of the unprecedented and devastating attack of September 11, 2001, upon the people and the vital infrastructure of the United States of America and the possibility that such attacks may be perpetrated in the future by those persons identified as terrorists and other enemies of this country, and in order to ensure that preparations of this state will be adequate to deal with such events and to generally provide for the common defense and to protect and preserve the life, health, welfare, and property of the people of Alabama, it is found and is declared to be necessary to:

(1) Create a State Department of Homeland Security.

(2) Confer upon the Governor the powers provided in this chapter.

(3) Provide for the rendering of aid to the political subdivisions of the state, and between other states, and the federal government with respect to performing those functions related to homeland security.

(4) Authorize necessary and appropriate action to implement this chapter.

(b) It is further declared to be the purpose of this chapter and policy of the State of Alabama to assist, coordinate, and encourage homeland security preparedness by state departments and agencies and political subdivisions of the state by authorizing the making of grants, as funds are appropriated for such purpose, to any political subdivision of the state in amounts not to exceed the amounts authorized, for the purpose of promoting homeland security.
Ala. Code § 31-2A-85 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-85
Section 31-2A-85 (Article 85.) Desertion
Status: in_force

(a) Any member of the Alabama National Guard who does any of the following is guilty of desertion:

(1) Without authority goes or remains absent from his or her unit, organization, or place of duty with intent to remain away permanently.

(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service.

(3) Without being regularly separated from the Alabama National Guard, enlists or accepts an appointment in the same or another one of the state military forces, or in one of the Armed Forces of the United States, without fully disclosing the fact that he or she has not been regularly separated, or enters any foreign armed service except when authorized by the United States.

(b) Any commissioned officer of the Alabama National Guard who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
Ala. Code § 31-12A-4 — Alabama Code / Title 31 / Chapter 12A / Section 31-12A-4
Section 31-12A-4 Extension of Licensing for Military Service Members
Status: in_force

(a) Notwithstanding any other statute to the contrary, except as provided in subsection (c), any member of the Armed Forces of the United States shall be left in good standing until, at a minimum, December 31, of the first year following the end of his or her deployment, by the administrative or licensing body with which he or she is licensed or certified, while deployed, if at the time of deployment, the member was in good standing with the branch of the armed services and with the administrative licensing body.

(b) While a licensee or certificate holder is deployed as a member of the Armed Forces of the United States, the license or certificate referenced in subsection (a) shall be renewed without:

(1) The payment of dues or fees;

(2) Obtaining continuing education credits when:

a. Circumstances associated with military duty prevent obtaining training and a waiver request has been submitted to the appropriate administrative body; or

b. The military member performs the licensed or certified occupation as part of his or her military duties as annotated in Defense Department form 214 (DD214); or

(3) Performing any other act typically required for the renewal of the license or certificate.

(c) Notwithstanding subsections (a) and (b), the licensing board, in its discretion, may require that the licensee receive additional credits within the year following the end of the deployment.

(d) Licensees of the Alabama State Bar are regulated by the Alabama Supreme Court and are therefore exempt from this section. The court may provide waivers and exemptions for active duty and deployed military members.
Ala. Code § 31-2A-123a — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-123a
Section 31-2A-123a (Article 123A.) Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds
Status: in_force

(a) Any person subject to this code who, for the procurement of any article or thing of value, with intent to defraud, or for the payment of any past due obligation, or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full upon its presentment, shall be punished as a court-martial may direct.

(b) The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee’s possession or control, is prima facie evidence of his or her intent to defraud or deceive and of his or her knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment. In this article, the word “credit” means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft, or order.
Ala. Code § 31-2-131 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-131
Section 31-2-131 Revolving Fund
Status: in_force

In order to facilitate the execution of the purposes of this chapter and the necessary movements of troops and property, the Adjutant General shall have the authority to use a cash fund, not to exceed $2,000, to be advanced to an officer of the State Military Department designated by the Adjutant General to be maintained and used as a revolving fund out of which expenses authorized by this chapter may be paid, the revolving fund to be advanced out of the regular military appropriation provided in Section 31-2-132, and to be reimbursed from time to time out of the fund against which the expenditure is properly chargeable, upon presentation to the Comptroller of Accounts, of receipts and vouchers with orders attached, approved by the Governor, showing the legal expenditure of the amount sought to be reimbursed.
Ala. Code § 31-2-83 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-83
Section 31-2-83 Laws Applicable to Militia When in Active Service of State; Jurisdiction and Powers of Courts-Martial as to Offenses Thereunder; Imposition of Death Penalty; Imprisonment
Status: in_force

Whenever any portion of the militia shall be called into the active service of the state to execute the law, suppress a riot or insurrection, repel invasion, protect lives and property, or in aid and relief of citizens in disaster, the law, including the Uniform Code of Military Justice, the Acts of Congress, and rules and regulations of the Department of Defense and the regulations prescribed for the United States Armed Forces shall be enforced and regarded as a part of this chapter until the forces shall be duly relieved from such duty. As to offenses committed when such laws are so in force, courts-martial shall possess, in addition to the jurisdiction and power of sentence and punishment vested in them by this chapter, all additional jurisdiction and power of sentence and punishment exercised by like courts under such laws, including the Uniform Code of Military Justice and Acts of Congress and rules and regulations of the Department of Defense and the regulations or laws governing the United States Armed Forces or the customs and usages thereof; but no punishment under such rules and regulations authorizing the taking of life shall in any case be inflicted except in time of war, invasion, or insurrection, declared by a proclamation of the Governor to exist, and then only after approval by the Governor of the sentence inflicting such punishment. Imprisonment other than in a guardhouse shall be executed in county or city jails or other prisons designated by the Governor for that purpose.
Ala. Code § 31-10-21 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-21
Section 31-10-21 Entitlement; Requirements; Educational Institutions to Insure Members Aware of Benefits
Status: reserved

REPEALED BY ACT 2023-528, EFFECTIVE SEPTEMBER 1, 2023.

(a) Any active member of the Alabama National Guard shall be entitled to the tuition benefits provided by this article upon his or her enrollment in a degree or certificate program in any community or technical college that is under the authority of the Alabama Community College System Board of Trustees, or enrollment in pursuit of his or her first undergraduate degree in any public baccalaureate-awarding college or university within the state. Certification and eligibility for the tuition benefits provided by this article shall be determined by the State Education Services Office of the Alabama National Guard which shall promulgate and implement administrative rules and procedures that it deems necessary to carry out and monitor the tuition benefits provided by this article.

(b) Any active member of the Alabama National Guard who enrolls utilizing the tuition benefits provided by this article shall complete the requirements for an undergraduate degree no later than 10 years from the date of initial enrollment or the active member shall be responsible for all costs of any further studies required to attain his or her degree. An active member must currently have and maintain a cumulative 2.0 grade point average, or the letter grade equivalent thereof or better at the end of each term. Failure to do so shall result in the termination of the tuition benefits provided by this article. If a student withdraws, declares academic bankruptcy, or is granted a grade waiver through a forgiveness program, he or she is responsible for paying back that portion of tuition and fees the state paid on his or her behalf.

(c) Each educational institution that enrolls an active member of the Alabama National Guard who is eligible for the tuition benefits provided by this article shall take necessary action to insure that the active member is aware of all benefits that he or she may be entitled to under the Montgomery G.I. Bill, any other federal and state VA educational benefits, any student grant or scholarship, the Active Duty Tuition Assistance Program, and the Alabama National Guard Education Assistance Program. In order to receive the tuition benefits provided by this article, the active member of the Alabama National Guard shall take the necessary steps to utilize all of the above benefits.
Ala. Code § 31-2-113 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-113
Section 31-2-113 Ordering Out of Troops - Commanding Officers May Require Written Instructions from Civil Authorities; Compliance with Instructions
Status: in_force

Any officer whose command is called out under the provisions of this chapter and reporting to any civil authority, may require such civil authority to make such instructions in writing and prescribe therein the outline of the duties required of him and his command, and may decline to obey such instructions until put in writing. While such commanding officer must obey all lawful instructions of such civil authorities, such military officer may use his discretion as to the manner of carrying out such lawful instructions as long as he complies with their spirit.
Ala. Code § 31-2-128 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-128
Section 31-2-128 Dropping Allowance
Status: in_force

A dropping allowance may be established by the Adjutant General as an item of the budget of the State Military Department and included in the regular appropriations made by the Legislature from time to time for the organization and maintenance of the National Guard of Alabama, based on not more than $4 per enlisted man per year. Expenditures therefrom will be for federal property shortages of National Guard organizations that cannot be covered by reports of survey, due to certain technical requirements, of the federal government. The annual estimate of this allowance shall be based on the actual enlisted strength of the National Guard and Naval Militia on the last day of September of each year. The funds expended as a dropping allowance shall be audited and accounted for in the same manner as other state funds which have been appropriated for military purposes; provided, that the dropping allowance shall not exceed $10,000 per annum; and provided further, that the provisions of this section shall be retroactive so that all property shortages existing on September 10, 1973, in addition to those that may occur thereafter, may be satisfied by the use of appropriations made in the future for the purpose of carrying out the intent of this section.
Ala. Code § 31-6-7 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-7
Section 31-6-7 Benefits Limited to Lives of Veterans’ Immediate Children
Status: in_force

The benefits under this chapter shall not extend beyond the lives of the immediate children of the veteran concerned.
Ala. Code § 31-6-15.1 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-15.1
Section 31-6-15.1 Annual Report
Status: in_force

The State Department of Veterans’ Affairs shall report to the Legislature, by January 1st of each year, the number of applicants approved in the previous fiscal year and those approved as of the reporting date for the current fiscal year, the number of students by years of remaining eligibility, and the costs of the previous fiscal year’s expenditures to the program by each category of qualifying school to include the number of students who attended each of those schools.
Ala. Code § 31-2A-43 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-43
Section 31-2A-43 (Article 43.) Statute of Limitations
Status: in_force

(a) Except as otherwise provided in this article, a person charged with any offense is not liable to be tried by courts-martial or punished under Section 31-2A-15 (Article 15) if the offense was committed more than 12 months before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment under Section 31-2A-15 (Article 15).

(b) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this article.

(c) Periods in which the accused was absent from territory in which the state has the authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.

(d) When the United States is at war, the running of any statute of limitations applicable to any offense under this code is suspended until two years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress if the offense:

(1) Involves fraud or attempted fraud against the United States, any state, or any agency of either in any manner, whether by conspiracy or not.

(2) Is committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States or any state.

(3) Is committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or government agency.

(e)(1) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in subdivision (2) are met.

(2) The conditions referred to in subdivision (1) are that the new charges and specifications shall:

a. Be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications.

b. Allege the same acts or omissions that were alleged in the dismissed charges or specifications, or allege acts or omissions that were included in the dismissed charges or specifications.
Ala. Code § 31-12A-3 — Alabama Code / Title 31 / Chapter 12A / Section 31-12A-3
Section 31-12A-3 Academic Credits Based on Military Education, Training, or Service
Status: in_force

Each board of a state public educational institution, community college, or technical school shall adopt, by December 31, 2013, a policy requiring each institution under the board’s supervision and management to award educational credits to a student, who is also a veteran, enrolled in the institution for courses that are part of the student’s military training or service and that meet the standards of the American Council on Education or equivalent standards for awarding academic credit if the award of education credit is based upon the institution’s admission standards and its role, scope, and mission. Each board shall adopt necessary rules, regulations, and procedures to implement the provisions of this section, effective beginning with the 2014-2015 academic year and continuing thereafter.
Ala. Code § 31-6-16 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-16
Section 31-6-16 Entrance Requirements of Qualifying Schools Not Affected by Chapter
Status: in_force

Nothing in this chapter shall be construed as lowering the standards or requirements, or as to making any exceptions for entrance into any of the qualifying schools affected by this chapter. All applicants, in order to obtain the educational benefits of this chapter, must first meet all scholastic and other requirements for entrance into any of the qualifying schools coming within the purview of this chapter.
Ala. Code § 31-2A-52 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-52
Section 31-2A-52 (Article 52.) Number of Votes Required
Status: in_force

(a) No person may be convicted of an offense except as provided in Section 31-2A-45(b) (Article 45(b)) or by the concurrence of two-thirds of the members present at the time the vote is taken.

(b) All other questions to be decided by the members of a general court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

(c) Pursuant to its authority under Article XV, Section 271 of the Constitution of Alabama of 2022, the Legislature finds and declares that Article I, Section 11 of the Constitution of Alabama of 2022, does not apply to a court-martial proceeding. Courts-martial existed before the existence of the constitution, and their existence is recognized in the constitution. Further, courts-martial are an executive agency belonging to the executive branch, not the judicial branch, and were created by the Legislature pursuant to its authority under Article XV, Section 271, to provide for disciplining the militia.
Ala. Code § 31-13-13 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-13
Section 31-13-13 Concealing, Harboring, Shielding, Etc., Unauthorized Aliens
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2025-453, EFFECTIVE OCTOBER 1, 2025.
Ala. Code § 31-11-1 — Alabama Code / Title 31 / Chapter 11 / Section 31-11-1
Section 31-11-1 Short Title
Status: in_force

This chapter shall be known, and may be cited as “The National Guard Mutual Assistance Counter-Drug Activities Compact Law.”
Ala. Code § 31-7-1 — Alabama Code / Title 31 / Chapter 7 / Section 31-7-1
Section 31-7-1 Amount; to Whom Payable; Payments to Next of Kin of Persons Who Died While Imprisoned
Status: in_force

A gratuity in the amount of $500 shall be paid out of the General Fund in the State Treasury to any person who entered the armed services while he was a bona fide resident of the State of Alabama and who was imprisoned as a prisoner of war in North Vietnam, South Vietnam, Laos, or Cambodia.

In the event any person who qualified for the payment of this bonus died while such a prisoner, the gratuity shall be paid to his next of kin. For the purposes of this chapter the term “next of kin” shall be the person or persons designated to receive the prisoner’s G.I. insurance.
Ala. Code § 31-14-6 — Alabama Code / Title 31 / Chapter 14 / Section 31-14-6
Section 31-14-6 Annual Report
Status: in_force

The commission shall provide an annual report to the Legislature no later than the 15th legislative day of the regular session following the conclusion of any year in which an appropriation was made to the program or funds of the program were disbursed or expended.
Ala. Code § 31-2-121 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-121
Section 31-2-121 Duty to Disperse When Shot Fired, Etc., at National Guard
Status: in_force

Whenever any shot is fired or missile thrown at or upon any body of the National Guard in the performance of any duty under the provisions of this chapter, it shall forthwith be the duty of every person in the assemblage from which the shot is fired or missile thrown immediately to disperse or retire therefrom, without awaiting any orders to do so. Any person knowing or having reason to believe that a shot has been fired or missile thrown from any assemblage of which such person forms a part, or where he is present, and failing, without lawful excuse to retire immediately from such assemblage, is guilty of a misdemeanor. Any person so remaining in such assemblage after being duly commanded to disperse, is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one year, nor more than two years.
Ala. Code § 31-9-85 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-85
Section 31-9-85 Applications for Assistance
Status: in_force

Unless an extension is granted by the committee, applications for assistance shall be submitted to the Emergency Management Agency by the county commission or municipality in the affected area seeking assistance within 90 days of the local declaration of a disaster. The Emergency Management Agency shall review each application in accordance with this article and the rules adopted as provided in Section 31-9-84 and, no later than 30 days after receipt of the application, shall provide notice to the local government and the members of the committee whether the application has been approved. The committee shall determine the amount of the reimbursement to the local government. The local government may appeal the decision of the agency by notifying the committee within 30 days of receipt of the decision of the agency. Otherwise, the decision of the agency shall be final. The committee shall convene and consider the appeal of the local government within 30 days of notice of an appeal. Any decision by the committee to overturn or alter the recommendation of the agency shall require at least four affirmative votes and shall be final. All funds shall be disbursed by the agency in accordance with its decision or the decision of the committee, as provided herein.
Ala. Code § 31-8-21 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-21
Section 31-8-21 Payment of Pensions - Pension Warrants to Reach County Departments of Human Resources by Last Day of Month
Status: in_force

Pension warrants shall be sent from the office of the State Department of Human Resources to reach the county department of human resources in each county not later than the last day of each month.
Ala. Code § 31-9-81 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-81
Section 31-9-81 Program Created; Statewide Emergency Notification System; Alabama Disaster Recovery Fund
Status: in_force

(a) There is created the Alabama Disaster Recovery Program for the purposes of providing financial assistance to eligible counties and municipalities for meeting local needs before, during, and immediately following a disaster that affects a county or municipality and of establishing, implementing, operating, and maintaining the Statewide Emergency Notification System to facilitate statewide communication of emergency responses, decisions, and warnings of developing emergency situations for the benefit of residents and state and local emergency management agencies.

(b) The recovery program shall be funded by the Alabama Disaster Recovery Fund. The Legislature may make appropriations to the recovery fund from State General Fund revenues, available federal monies, revenues made available by future legislative acts, or from any other source available except insurance policy surcharges. All revenues paid into the recovery fund shall remain in the recovery fund until such time as expended as provided in this article, and shall not revert to the State General Fund or be expended for any purposes other than those set out in this article. All revenues appropriated to the recovery fund, except those funds appropriated pursuant to Section 31-9-87, shall be paid to the Emergency Management Agency and deposited into a separate fund. Distribution of funds, except those funds appropriated pursuant to Section 31-9-87, shall be made to eligible counties and municipalities pursuant to procedures established by the Emergency Management Agency in accordance with this article. All revenues appropriated to the recovery fund pursuant to Section 31-9-87 shall be paid to the Emergency Management Agency and deposited into a separate fund which shall be known as the Alabama Statewide Emergency Notification System Fund and shall be expended only as provided in Section 31-9-87.
Ala. Code § 31-9-80 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-80
Section 31-9-80 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings:

(1) COMMITTEE. The Alabama Disaster Recovery Program Committee.

(2) RECOVERY FUND. The Alabama Disaster Recovery Fund.

(3) RECOVERY PROGRAM. The Alabama Disaster Recovery Program.

(4) SYSTEM. The Statewide Emergency Notification System authorized in Section 31-9-81.
Ala. Code § 31-9-140 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-140
Section 31-9-140 Designation and Operation of Safer Place Facilities
Status: in_force

(a) Before December 31, 2021, the state Emergency Management Agency, in cooperation with the Alabama Association of Emergency Managers and the Association of County Commissions of Alabama, shall develop uniform guidelines for use in identifying and volunteering safer place facilities throughout the state. At a minimum, the guidelines shall do all of the following:

(1) Provide local emergency management agencies with methods for notifying the community about safer places.

(2) Provide an application process, through the local emergency management agency, for those individuals and entities that own or control a structure for offering all or part of the structure for designation as a safer place facility. At a minimum, the application shall require the applicant to make a good faith determination that the structure meets all criteria identified by the guidelines and that the applicant will not discriminate when making the structure available to the public. The application may be provided through the website of the local emergency management agency.

(3) Describe the circumstances and conditions of appropriate use and length of availability of a safer place facility.

(4) Require that the availability of a safer place will be nondiscriminatory on the basis of race, color, national origin, age, disability, sex, or religion.

(5) Provide that a designated safer place facility is not required to be available to the public at all times or to provide staff, food, water, medicine, electricity, air conditioning, first aid, telecommunication services, or any other life or health preserving goods or services before, during, or after a severe weather event.

(6) Provide a procedure for the withdrawal of a safer place designation.

(7) Require safer place facilities to satisfy applicable building codes at the time of construction, provide participants with improved protection from the elements, and not pose a direct threat to the health and safety of those participating including, but not limited to, the following:

a. A second means of exiting the facility in the event of fire or other emergency.

b. Smoke detectors which comply with applicable building codes.

c. Sufficient sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste.

(8) Establish other procedures, criteria, and guidelines as necessary to further the purposes of this section.

(b) No state or local governmental entity shall provide, or offer to provide, compensation or financial support of any kind to any individual or entity relating to the designation or operation of a safer place facility.

(c) Due to the patent and obvious dangers associated with severe weather events, an individual who uses a safer place facility does not acquire the status of an invitee or licensee, and the individual who uses a designated safer place facility does so at his or her own risk, with full knowledge and appreciation of the associated risks.

(d) A local emergency management agency, pursuant to its emergency management functions, may perform any task provided in the guidelines. Any individual who volunteers a structure as a safer place facility pursuant to this section is a volunteer for purposes of the Volunteer Service Act, Section 6-5-336, during the time the structure is designated as a safer place. Any entity making a facility available as a safer place shall be afforded the same protections granted to an emergency management worker, individual, partnership, association, or corporation by Section 31-9-16.
Ala. Code § 31-4-7 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-7
Section 31-4-7 Provision, Etc., of Armories, Etc., for Housing, Instruction, Etc., of National Guard, Naval Militia, Etc
Status: in_force

The Armory Commission of Alabama shall provide adequate armories, buildings, equipment, furniture, target ranges, and other necessary facilities for the proper housing, instruction, training, and administration of all units and headquarters of the National Guard and Naval Militia of Alabama. It shall provide for the State Military Department like facilities needed for the proper protection, care, maintenance, repair, issue, and upkeep of public property of the State of Alabama and of the United States issued to or for the use of the National Guard or Naval Militia of Alabama, and for the proper and efficient administration of the Alabama National Guard or Naval Militia, and shall provide for the maintenance, upkeep, repair, and improvement of such facilities.
Ala. Code § 31-5A-6 — Alabama Code / Title 31 / Chapter 5A / Section 31-5A-6
Section 31-5A-6 Duties and Powers of Commissioner, in Consultation with Board
Status: in_force

The commissioner, in consultation with the board, shall do all of the following:

(1) Provide for the operation of state veterans homes for the care of and support of elderly and disabled veterans in this state as prescribed in this chapter.

(2) Adopt rules for the creation and operation of any state veterans home.

(3) Apply for and accept gifts, grants, and other contributions from the federal government or from any other governmental unit.

(4) Use funds received from the federal government or from any other governmental unit for the purposes authorized and directed by the federal government or other governmental unit in making the funds available.

(5) Accept gifts, grants, donations, and contributions of real estate, both vacant and improved, facilities, services, or other property from individuals, firms, corporations, organizations, and associations, and from county and municipal corporations and their subdivisions, plus any other sources of revenue for any state veterans homes. All expenditures from the trust fund shall be made upon warrants issued by the state Comptroller drawn on account held by the State Treasury based upon claims approved by the commissioner.
Ala. Code § 31-2A-30 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-30
Section 31-2A-30 (Article 30.) Charges and Specifications
Status: in_force

(a) Charges and specifications shall be signed by an individual subject to this code under oath before either a commissioned officer or the clerk of the court as authorized by Section 31-2A-136(a) (Article 136(a)) to administer oaths and shall state both of the following:

(1) The signer has personal knowledge of, or has investigated, the matters set forth therein.

(2) The charges and specifications are true in fact to the best of the signer’s knowledge and belief.

(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the individual accused shall be informed of the charges as soon as practicable.
Ala. Code § 31-2A-112 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-112
Section 31-2A-112 (Article 112.) Drunk on Duty
Status: in_force

Any person subject to this code, other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct.
Ala. Code § 31-2-105 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-105
Section 31-2-105 Courts-Martial for Members of National Guard - Delivery of Certificate to Sheriff for Execution of Sentence; Disposition of Fines
Status: in_force

Where any sentence of a fine or imprisonment shall be imposed by any military court of this state, it shall be the duty of the Adjutant General, upon approval of the findings and sentences of such court by the Governor, to make out and sign a certificate entitling the case, giving the name of the accused, the date and place of trial, the date of approval of the sentence, the amount of the fine and term of imprisonment, if any, and deliver such certificate to the sheriff of the county wherein the sentence is to be executed. It shall thereupon be the duty of such officer to carry the sentence into execution in the manner prescribed by law for the collection of fines and serving imprisonment in criminal cases determined in the courts of this state. All fines collected under the provisions of this chapter shall be paid to the State of Alabama.
Ala. Code § 31-6-8 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-8
Section 31-6-8 Entitlement of Veterans to Educational Benefits for Extension or Correspondence Courses; Benefits Provided Not to Be in Addition to Federal Benefits
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-91 EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 31-9-3 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-3
Section 31-9-3 Definitions
Status: in_force

As used in this article, these terms shall have the following meanings:

(1) EMERGENCY MANAGEMENT. The preparation for and the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, or by fire, flood, earthquake, or other natural cause. These functions include, without limitation, public safety services including, fire-fighting services; police services; medical and health services; rescue, engineering, and air raid warning services; communications; radiological, chemical, and other special weapons of defense; evacuation of persons from stricken areas; emergency welfare services (civilian war aid); emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

(2) LOCAL ORGANIZATION. The organization of local emergency management forces designed principally for operation within their own community but capable of moving to other areas.

(3) POLITICAL SUBDIVISION. Any county or municipality created pursuant to law.

(4) STATE OF EMERGENCY. When the Governor duly proclaims the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by fire, flood, storm, epidemic, technological failure or accident, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, explosion, terrorism, or man-made disaster, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency, which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, or energy shortage requires extraordinary measures beyond the authority vested in the Alabama Public Service Commission.

(5) STATE PUBLIC HEALTH EMERGENCY. An occurrence or imminent threat of an illness or health condition that does all of the following:

a. Is believed to be caused by any of the following:

1. Bioterrorism.

2. The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.

3. A natural disaster.

4. A chemical attack or accidental release.

5. A nuclear or radiological attack or accident.

b. Poses a high probability of any of the following harms:

1. A large number of deaths in the affected population.

2. A large number of serious or long-term disabilities in the affected population.

3. Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population.

(6) STATE TECHNOLOGICAL EMERGENCY. An emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident.
Ala. Code § 31-2-42 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-42
Section 31-2-42 Retirement of Officers and Enlisted Men from National Guard
Status: in_force

Retirement of officers, warrant officers, and enlisted men from the Alabama National Guard shall be in conformity with the applicable statutes and regulations relating to the United States Armed Forces and reserve components thereof.
Ala. Code § 31-9-7 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-7
Section 31-9-7 Mutual Interstate Aid Agreements and Compacts
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 31-2A-131 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-131
Section 31-2A-131 (Article 131.) Perjury
Status: in_force

Any person subject to this code who in a judicial proceeding or in a course of justice willfully and corruptly does either of the following is guilty of perjury and shall be punished as a court-martial may direct:

(1) Upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry.

(2) In any declaration, certificate, verification, or statement under penalty of perjury as permitted under 28 U.S.C. § 1746, or Article 5 of Chapter 10 of Title 13A, subscribes any false statement material to the issue or matter of inquiry.
Ala. Code § 31-2A-80 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-80
Section 31-2A-80 (Article 80.) Attempts
Status: in_force

(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

(b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

(c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
Ala. Code § 31-2-70 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-70
Section 31-2-70 Officers to Have Same Powers and Duties as Officers in Armed Forces of United States
Status: in_force

In addition to the powers and duties prescribed in this chapter, all officers of the National Guard and Naval Militia of Alabama shall have the same powers and perform the same duties as officers of similar rank and position in the Armed Forces of the United States insofar as may be authorized by federal law. They are authorized to administer oaths in all matters connected with the service.
Ala. Code § 31-2-59 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-59
Section 31-2-59 Adjutant General - Status and Duties Upon Call, Etc., into Federal Service of National Guard
Status: in_force

The Adjutant General shall be qualified for commission and shall be commissioned, if authorized by the laws of the United States now or hereafter enacted, in the Adjutant General’s corps, or such other corps or branch of the service as will enable him to perform all duties required of him within the state by the National Defense Act, a federal draft, selective service or similar act operative in a national emergency. He shall have a military status in this state, if provided by the laws of the United States now or hereafter enacted, during periods in which the National Guard of Alabama is in the federal service under a call, draft, order, or other means of induction into the federal military or naval service, that will enable him to work in an advisory capacity, or other authorized capacity, to the Governor in the execution of a federal selective service or similar law, or such other office as may be authorized by the federal government, and in the performance of such duties, he shall be entitled to all allowances and to reimbursement for all expenses incident to the performance of his duties as may be provided in the military laws of this state; provided, that he shall not receive a state salary while in the active service of the United States and receiving a federal salary for such service. He shall, if called, drafted, or ordered into the federal service, on discharge therefrom revert to his state military status and such federal military status as may now or hereafter be provided by the military laws of the United States governing the National Guard on the day following his discharge from the active military service of the United States. Whenever the Adjutant General is called, ordered or drafted into the service of the United States for any reason, or the Office of Adjutant General becomes vacant for or because of any reason, while all or a substantial portion of the National Guard is in federal service, the Governor may appoint an Adjutant General to serve at the pleasure of the Governor, with the consent of the Senate. Such appointee may be selected and appointed without regard to the eligibility qualifications and requirements set forth in this chapter, but he shall have held a commissioned or noncommissioned grade in the National Guard or the Army of the United States or the United States Navy, or such appointee may be a civilian without previous military status. Such appointee shall be commissioned in the State Militia with such rank as the Governor may deem advisable. Upon the return of the National Guard or a substantial portion thereof to state control such appointee may be commissioned by the Governor as an officer of the state staff, in the Adjutant General’s corps, in the National Guard of Alabama, and he may have such rank as is now or may hereafter be provided for an officer of the state staff, Adjutant General’s corps, under, in compliance with and according to the provisions of the National Defense Act or acts now or hereafter enacted and Department of Defense regulations promulgated thereunder.
Ala. Code § 31-2A-1 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-1
Section 31-2A-1 (Article 1.) Definitions
Status: in_force

For the purposes of this code, the following words have the following meanings:

(1) ACCUSER. An individual who signs and swears to charges, any individual who directs that charges nominally be signed and sworn to by another, and any other individual who has an interest other than an official interest in the prosecution of the accused.

(2) ARMY OR AIR STAFF JUDGE ADVOCATE. The State Staff Judge Advocate, or delegate, for the Adjutant General of the same service within the state military forces as the accused .

(3) CADET or CANDIDATE. An individual who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces.

(4) CLASSIFIED INFORMATION. Information that meets all of the following requirements:

a. Any information or material that has been determined by an official of the United States, the State of Alabama, or any state or territory pursuant to law, a Presidential Executive order, Governor’s Executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security.

b. Any restricted data, as defined in Section 11(y) of the Atomic Energy Act of 1954, 42 U.S.C. § 2014(y).

(5) CLERK OF THE COURT. Includes all individuals employed or assigned to serve in this position by a state staff judge advocate to manage and maintain court records. This individual may administer oaths for charges and warrants.

(6) CODE. This chapter.

(7) COMMANDING OFFICER. Includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under Section 31-2A-15 (Article 15). The term “commander” has the same meaning as “commanding officer” unless the context otherwise requires. A commander is any general officer, the Adjutant General, or any other officer who, by virtue of position, is designated as a commanding officer.

(8) CONVENING AUTHORITY. Includes, in addition to the individual who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority.

(9) DAY. A calendar day, unless otherwise specified with respect to forfeiture of pay; the term is not synonymous with the term “unit training assembly.” Any punishment authorized by this code which is measured in terms of days, when served in a status other than annual field training, shall be construed to mean succeeding duty days.

(10) DUTY STATUS OTHER THAN STATE ACTIVE DUTY. Any other type of duty not in federal service and not full-time duty in the active service of the state; under an order issued by authority of law and includes travel to and from such duty.

(11) ENLISTED MEMBER. An individual in an enlisted grade.

(12) JUDGE ADVOCATE.

a. A commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of the State of Alabama, and who is certified or designated as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy, or the Marine Corps, or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these.

b. In the instance when a judge advocate is detailed under this code and is not a member of the bar of this state, the judge advocate shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth his or her qualifications, and with notice and approval of the Alabama State Bar and Chief Justice of the Alabama Supreme Court, that the judge advocate is all of the following:

1. A commissioned officer of the Armed Forces of the United States or a component thereof.

2. A member in good standing of the bar of the highest court of a state.

3. Qualified in accordance with paragraph a.

(13) MILITARY COURT. A court-martial or a court of inquiry.

(14) MILITARY JUDGE. An official of a general or special court-martial detailed in accordance with Sections 31-2A-26 and 31-2A-26a (Articles 26 and 26a).

(15) MILITARY OFFENSES. Those offenses prescribed under Part X that are not also covered by federal or state law.

(16) NATIONAL SECURITY. The national defense and foreign relations of the United States.

(17) OFFICER. A commissioned or warrant officer.

(18) RECORD. When used in connection with the proceedings of a court-martial, means either of the following:

a. An official written transcript, written summary, or other writing relating to the proceedings.

b. An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.

(19) RULES OF COURT. The applicable rules of court shall be the Alabama Rules of Court, as applied in any state or municipal court or appellate proceedings within the state.

(20) SENIOR FORCE COMMANDER. The commander of the same service within the state military forces as the accused, with courts-martial convening authority, as delegated by the Adjutant General.

(21) STATE. The State of Alabama.

(22) STATES. One of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands.

(23) STATE ACTIVE DUTY. Full-time duty in the state military forces under an order of the Governor or otherwise issued by authority of law under Chapter 2 of this title and paid in whole or in part by state funds, and includes travel to and from such duty.

(24) STATE MILITARY FORCES. The Alabama National Guard, as defined in Title 32, United States Code, Section 271 of the Constitution of Alabama of 2022, and Section 31-2-3. The unorganized militia, state defense force, state national guard, home guard, or any other name of any state force that does not meet this definition shall be under the jurisdiction and terms of this code, as defined in Section 31-2-3.

(25) SUPERIOR COMMISSIONED OFFICER. A commissioned officer superior in rank or command.