Ala. Code § 31-6-14 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-14
Section 31-6-14 County and City Teachers to Be Informed and to Inform Veterans’ Dependents of Benefits Provided
Status: in_force

The county superintendent of education and the city superintendent of schools in each respective county and city shall inform the teachers of their county and city of the provisions and benefits of this chapter, who in turn shall inform the children of veterans as to their rights and benefits under this chapter.
Ala. Code § 31-13-9 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-9
Section 31-13-9 Verification of Employment Eligibility by Employers Seeking Economic Incentives
Status: in_force

(a) As a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

(b) As a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees within the State of Alabama, the business entity or employer shall provide documentation establishing that the business entity or employer is enrolled in the E-Verify program. During the performance of the contract, the business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations.

(c) Any subcontractor on a project paid for by contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama and shall also enroll in the E-Verify program prior to performing any work on the project. Furthermore, during the performance of the contract, the subcontractor shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. This subsection shall only apply to subcontractors performing work on a project subject to the provisions of this section and not to collateral persons or business entities hired by the subcontractor.

(d) A contractor of any tier shall not be liable under this section when such contractor contracts with its direct subcontractor who violates subsection (c) unless it is shown that the contractor knew or should have known that the direct subcontractor was in violation of subsection (c).

(e)(1) Upon a finding by a court of competent jurisdiction of a first violation of subsection (a) by any business entity or employer, including a subcontractor:

a. The business entity or employer shall be deemed in breach of contract and the state, political subdivision thereof, or state-funded entity may terminate the contract after providing notice and an opportunity to be heard.

b. 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 Department of Labor 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, subject to the penalty of perjury, a signed, sworn affidavit with the Department of Labor 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.

c.1. If the court determines that the business entity or employer has a policy or practice that violates this section, the court shall direct the applicable state, county, or municipal governing bodies to suspend the business licenses or permits of the business entity or employer for a period not to exceed 60 days specific to the location or locations where the unauthorized alien performed work.

2. Before a business license or permit that has been suspended under this paragraph 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 subdivision and a copy of the Memorandum of Understanding issued to the business entity or employer at the time of enrollment in E-Verify.

(2) Upon a finding by a court of competent jurisdiction of a second violation of subsection (a) by a business entity or employer, including a subcontractor, awarded a contract by the state, any political subdivision thereof, or any state-funded entity that occurs within ten years of a finding by a court of competent jurisdiction of a first violation by the business entity or employer:

a. The business entity or employer shall be deemed in breach of contract and the state, political subdivision thereof, or state-funded entity shall terminate the contract after providing notice and an opportunity to be heard.

b. 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 five-year probationary period throughout the state. During the probationary period, the business entity or employer shall file quarterly reports with the Department of Labor 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, subject to the penalty of perjury, a signed, sworn affidavit with the Department of Labor 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.

c.1. If the court determines that the business entity or employer has a policy or practice that violates this section, the court shall direct the applicable state, county, or municipal governing bodies to suspend the business licenses or permits of the business entity or employer for a period not less than 60 days and not to exceed 120 days specific to the location or locations where the unauthorized alien performed work.

2. Before a business license or permit that has been suspended under this paragraph 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 subdivision and a copy of the Memorandum of Understanding issued to the business entity or employer at the time of enrollment in E-Verify.

d. A finding by a court of competent jurisdiction of a second violation of subsection (a) that does not occur within ten years of a first violation shall still be considered a second violation of subsection (a) by the business entity or employer, even though the penalty for the second violation shall be governed by subdivision (1).

(3) Upon a finding by a court of competent jurisdiction of a third violation of subsection (a) by a business entity or employer, including a subcontractor, awarded a contract by the state, any political subdivision thereof, or any state-funded entity:

a. The business entity or employer shall be deemed in breach of contract and the state, political subdivision thereof, or state-funded entity shall terminate the contract after providing notice and an opportunity to be heard.

b. The court shall direct the applicable state, county, or municipal governing bodies to permanently revoke all business licenses or permits of the business entity or employer.

(f)(1) 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.

(2) A business entity or employer that has enrolled in the E-Verify program and has used the program to verify the work authorization of an employee shall not be liable under this section for violations resulting from the hiring of that employee.

(g) The Secretary of State may adopt rules to administer this section and shall report any rules adopted to the Legislature.

(h) Compliance with this section may be verified by the contracting authority or any state or local law enforcement agency at any time to ensure a contractual agreement as provided for in this section is being met.

(i) Anything to the contrary notwithstanding, this section shall not apply to agreements by the state, any political subdivision thereof, or any state-funded entity relating to debt obligations by such entities.

(j) Any business entity or employer found in violation of this section that has had their business license or permit suspended shall not, for the duration of the suspension, be allowed, directly or indirectly, to procure or execute a license or permit similar to those that have been suspended.

(k) All contracts or agreements to which the state, a political subdivision, or state-funded entity are a party shall include the following clause: “By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

(l) For purposes of this section, “contract” shall mean a contract awarded by the state, any political subdivision thereof, or any state-funded entity that was competitively bid or would, if entered into by the state or an agency thereof, be required to be submitted to the Contract Review Permanent Legislative Oversight Committee.

(m) All actions brought under this section shall be brought in circuit court.
Ala. Code § 31-2A-94 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-94
Section 31-2A-94 (Article 94.) Mutiny or Sedition
Status: in_force

(a) Any person subject to this code who:

(1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.

(2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition.

(3) Fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence, or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
Ala. Code § 31-2C-11 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-11
Section 31-2C-11 Preventative Law Program
Status: in_force

(a) The Legal Assistance Program shall include a Preventative Law Program that does all of the following:

(1) Publishes one or more preventative law publications per quarter and distributes the publications via any medium easily accessible to eligible clients.

(2) Participates in command newcomer orientation briefings, professional development programs, general military training, other unit education programs, and family readiness group presentations. Attorneys and paralegals are encouraged to sponsor and participate in lectures, seminars, forums, and meetings that inform soldiers, family members, and retirees about legal problems and issues.

(3) Maintains a legal assistance website or social media presence that contains information on the office hours, location, and services available. Legal assistance offices are encouraged to disseminate preventative law materials on these sites. All published material must be reviewed and updated at least quarterly to ensure accuracy.

(4) Makes preventative law handouts available in waiting rooms and other appropriate locations.

(b) In addition to taking the measures in subsection (a) to educate soldiers and their family members, the Preventative Law Program shall employ the following measures to prevent future legal issues:

(1) Identify landlords and other businesses that take unfair advantage of soldiers and family members and coordinate with local installation housing referral offices, local Armed Forces Disciplinary Control Boards, and local, state, and federal consumer protection agencies to develop procedures to enforce fair business practices.

(2) Assess whether changes in law or regulation could prevent common legal problems and make regulatory or legislative suggestions to initiate those changes. Recommendations for changes to federal law, regulations, or other policy should be forwarded to the Alabama National Guard Legal Services Office.
Ala. Code § 31-8-31 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-31
Section 31-8-31 Maintenance of Permanent State Pension Roll; Verification of Applications, Etc
Status: in_force

The Commissioner of the State Department of Human Resources, by correspondence with the Department of Defense in Washington, or investigation of the Confederate records on file in the state or elsewhere, shall obtain all necessary information to make the permanent pension roll complete, authentic and permanent as contemplated by this chapter, and the entering of names of pensioners on the permanent pension roll and the cancellation of names struck from the roll by reason of death or other legal cause, shall be under the supervision and direction of the commissioner, who shall, when any application is made for a pension, submit to the Department of Defense the facts of service set forth in such application for verification thereof, and the result of such inquiry shall be submitted by him, with the application of the pensioner, to the State Board of Human Resources. No application for a pension shall be finally denied, whether witness proof of the facts set forth therein as required by law is made or not, until such report has been obtained and submitted. The commissioner shall compare the pension warrants issued with payments made by the Treasurer, and examine the same as to their rightful delivery and payment, and he may request assistant examiners of accounts, in their assignments to any county, to make careful investigation of the pension roll of such county and the actual delivery and receipt of pensions, and under his direction there shall be prepared at the end of each month a list of all outstanding unpaid pension warrants, by number and name, and a report thereof shall be filed with the State Department of Human Resources.
Ala. Code § 31-1-5 — Alabama Code / Title 31 / Chapter 1 / Section 31-1-5
Section 31-1-5 Historical Museum Site in Baldwin County
Status: in_force

(a)(1) The Legislature finds that the State Military Department has numerous items of U.S. military history including, but not limited to, equipment, uniforms, and weapons, which the department has in storage and which could be housed and made available for public display in a historical museum dedicated to the United States Armed Forces and United States Military history.

(2) The Legislature further finds that the Baldwin County Commission has expressed an interest in planning, developing, and supporting a historical museum in Baldwin County dedicated to the United States Armed Forces and United States Military history.

(b) The purpose of this section is to designate Baldwin County as the site of a future historical museum dedicated to the United States Armed Forces and military history in order for the Baldwin County Commission to take further actions for the planning, development, location, fund raising, and support of a museum.

(c) Baldwin County is designated as the site for a historical museum dedicated to the United States Armed Forces and United States Military history, and the Baldwin County Commission may take any actions it deems necessary, including, but not limited to, the planning, development, location, fund raising, and support of the museum.

(d) The State Military Department may take actions to support a museum as provided in this section, but this section shall not be interpreted as appropriating any state funds for the purpose of this section.
Ala. Code § 31-5-3 — Alabama Code / Title 31 / Chapter 5 / Section 31-5-3
Section 31-5-3 State Board of Veterans Affairs -- Composition
Status: in_force

(a)(1) The board shall be composed of the Governor, as chair, and representatives, to serve for a term of four years from the date of their respective appointments, who shall be selected from the memberships of the Alabama Department of the American Legion, the Veterans of Foreign Wars, the Disabled American Veterans, the Vietnam Veterans of America, AMVETS, the Military Order of the Purple Heart, the American Ex-Prisoners of War, Incorporated, the Alabama Aliance of the Military Officers Association of America, Incorporated, and the Marine Corps League.

(2) The nomination of the representatives shall be made by the executive committees or similar governing bodies of the respective organizations. There shall be one representative from each of the organizations for the first 7,500 resident members, or fraction thereof, and one additional representative from each organization for each additional 7,500 resident members, or fraction thereof. The total memberships of the respective organizations shall be determined on July 1 of the year in which the representatives shall be designated from the state enrollment of each organization as duly verified for correctness by the adjutant or a similar officer of the organization. Notwithstanding the foregoing, the executive committees or similar governing bodies of the organizations shall each nominate to the Governor three veterans who are members of the organizations for each place on the board to which the organizations are entitled to have a nominee. The nominations shall also include, in representative proportions, veterans of every war which are included in the membership of the organizations.

(3) Notwithstanding subdivisions (1) and (2), if (i) a vacancy occurs before the end of a term, (ii) an organization fails to nominate to the Governor a list of nominees within 90 days after a term ends, or (iii) the membership of any organization decreases below 500 members, the Governor may appoint a veteran of his or her choosing in a manner that conforms with subdivision (4).

(4) Appointments to the board shall be representative of the entirety of the state’s veteran community. Board members shall include veterans from various branches of the Armed Forces of the United States and service eras, including active-duty service members so long as permitted under federal law, and consist of both members and nonmembers of veteran service organizations. Board members should also represent entities that provide meaningful services to veterans and their families. The appointing authorities shall coordinate their appointments to assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state’s veteran community.

(5) A member may not serve more than two consecutive terms.

(6) By May 16, 2025, an organization may nominate a new slate of names from which the Governor shall appoint a new member to fill the remainder of the respective term.

(b) The board shall serve in an oversight capacity and shall do all of the following:

(1) Advise the commissioner on veterans’ matters that are within the scope of the authority of the department.

(2) Develop policy recommendations for the state as it relates to veterans and veterans’ affairs.

(3) Recommend initiatives to assist the well-being of veterans and veterans’ families.

(4) Assist the commissioner and department as needed and as otherwise provided in this chapter.

(c) The board shall hold meetings at times and locations to be determined by rules of the department or as designated by the chair.

(d) The presence of a majority of the members at any regular or special meeting of the board shall constitute a quorum for the transaction of all business.

(e) Members of the board shall be entitled to a per diem, to be fixed by the commissioner, and their traveling and other necessary expenses actually incurred while attending meetings of the board or on the business of the department.
Ala. Code § 31-4-6 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-6
Section 31-4-6 Use of Military Appropriations for Payment of Expenses or Obligations of Commission
Status: in_force

The Governor of Alabama is hereby authorized to use, in his discretion, any part of any appropriation or contingent appropriation heretofore or hereafter made for any military purpose or for the benefit of the state militia or any part thereof, irrespective of the original purpose thereof, for the purpose of paying any part or all of any expenses or obligations incurred by the Armory Commission of Alabama after August 23, 1935, in carrying out its duties under this chapter.
Ala. Code § 31-2-122 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-122
Section 31-2-122 Regulation of Passage and Occupancy on Streets, Etc., During Riot, Etc
Status: in_force

Whenever any rout, riot, or mob has occurred or is in progress or is so imminent that any portion of the National Guard is, or has been, called out for the performance of any duty under the provisions of this chapter, it shall be lawful for the commanding officer of the National Guard, if it be deemed advisable in subduing or preventing such mob, riot, or outbreak thereof, to prohibit all persons from occupying or passing on any street, road, or place, where the same is threatened, or where the National Guard may be for the time being, and otherwise to regulate passage and occupancy of such streets and places. Any person, after being duly informed of such prohibition or regulation, who wilfully and intentionally, without lawful excuse, attempts to go or remain on such street, road, or place, and fails to depart after being warned to do so, is guilty of a misdemeanor, and in such cases the officer in command of the National Guard may forthwith arrest persons so offending and turn them over to some civil magistrate.
Ala. Code § 31-2A-26a — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-26a
Section 31-2A-26a Military Judge of a Special Court-Martial
Status: in_force

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

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

(1) A judge advocate who is a member in good standing of the Alabama National Guard.

(2) A member in good standing of the State Bar of Alabama for at least five years.

(c) The military judge of a special court-martial shall be designated by a state staff 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.

(d) 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.

(e) The military judge of a special court-martial may not consult or communicate with any party, or party’s representative, regarding a matter before him or her except in the presence of the accused, or defense counsel and trial counsel.
Ala. Code § 31-2-119 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-119
Section 31-2-119 Assault on National Guard Members, Etc., Assembled for Performance of Duties
Status: in_force

Any person who unlawfully assaults or fires at, or throws any missile at, against, or upon any member or body of the National Guard, civil officer, or other person lawfully aiding them, when assembling or assembled for the purpose of performing any duty under the provisions of this chapter, must, on conviction, be imprisoned in the penitentiary for not less than one year nor more than five years.
Ala. Code § 31-2A-93 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-93
Section 31-2A-93 (Article 93.) Cruelty and Maltreatment
Status: in_force

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders shall be punished as a court-martial may direct.
Ala. Code § 31-9A-15 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-15
Section 31-9A-15 Joint Legislative Committee; Powers. (Amended by Act 2026-327)
Status: in_force

AMENDED BY ACT 2026-327, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The Joint Legislative Committee on Homeland Security Oversight is created. The committee shall be composed of three members of the Senate, one appointed by the President of the Senate, one appointed by the President Pro Tempore of the Senate, and one appointed by the Senate Committee on Assignments; and three members of the House of Representatives appointed by the Speaker. Each member shall serve a term on the committee concurrent with the legislative term of the member. Vacancies shall be filled by the original appointing authority. Members shall serve at the pleasure of the appointing authority.

(b) Each member of the committee shall be entitled to regular legislative compensation, per diem, and travel expenses for each day he or she attends a meeting of the committee, which shall be paid out of the funds appropriated to the use of the Legislature, on warrants drawn on the state Comptroller upon requisition signed by the committee’s chair. Members shall not receive additional compensation or per diem when the Legislature is in session.

(c) The committee shall review the operations of the department and shall report thereon annually to the Legislature. The report shall include, but not be limited to, suggestions for legislation.

(d) The department shall report quarterly to the committee the receipt and disbursement of federal funds for homeland security.

(e) The initial meeting of the committee shall jointly be called by the Speaker of the House of Representatives and the President of the Senate. The committee shall organize itself at the first meeting and elect from among its membership a chair and a vice chair. The committee shall hold regular meetings at least quarterly.
Ala. Code § 31-2-33 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-33
Section 31-2-33 Failure of Officers, Etc., to Make Required Reports Concerning Military Arms, Funds, Etc
Status: in_force

Any officer, warrant officer, enlisted man, or any other person who fails to make any report required of him by law concerning arms and other military equipment, or funds appropriated for military purposes must, on conviction, be fined not less than $50.00.
Ala. Code § 31-2A-110 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-110
Section 31-2A-110 (Article 110.) Improper Hazarding of Vessel
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-12A-1 — Alabama Code / Title 31 / Chapter 12A / Section 31-12A-1
Section 31-12A-1 Legislative Findings
Status: in_force

The Legislature recognizes the importance of active military personnel, veterans, and military facilities to the well-being, safety, and economic development of the State of Alabama. The Legislature further recognizes and finds that discharged service members leave the military with documented training and experience that can prepare them for civilian employment; however, this documentation is not always able to result in qualifying them for licenses required for their occupation or providing them with academic credit. By providing for expedited licensure and increased academic credit recognition for a service member’s military training and experience, the state can help promote the employment of veterans.
Ala. Code § 31-2A-28 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-28
Section 31-2A-28 (Article 28.) Detail or Employment of Reporters and Interpreters
Status: in_force

Under such regulations as may be prescribed, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.
Ala. Code § 31-12-7 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-7
Section 31-12-7 Health Insurance for Public Employees; Participation in Retirement Systems
Status: in_force

(a) Any public employee who receives compensation from a public employer as provided by this chapter, while he or she is serving on active duty in the Armed Forces of the United States, may elect to continue with his or her individual or dependent coverage under the health insurance plan of the public employer for the duration of the time he or she receives the compensation. Premiums for dependent coverage shall be deducted from the compensation in the amount in effect at the time for an active employee with dependent coverage.

(b) Any public employee covered under the Employees’ Retirement System or the Teachers’ Retirement System who is serving on active duty in the Armed Forces of the United States during the war on terrorism that commenced in September 2001, as determined by the Adjutant General of the Alabama National Guard, shall be deemed an active and contributing member of the Employees’ Retirement System or Teachers’ Retirement System, with costs to be paid in the same manner and from the same sources as are costs for active and contributing members. Notwithstanding the foregoing, no member shall receive credit in the Employees’ or Teachers’ Retirement System for any service for which the member received credit in his or her system or in any other public retirement system, with the exception of the federal Social Security program.
Ala. Code § 31-14-2 — Alabama Code / Title 31 / Chapter 14 / Section 31-14-2
Section 31-14-2 Definitions
Status: in_force

When used in this chapter the following terms have the following meanings:

(1) COMMISSION. The Alabama Job Creation and Military Stability Commission.

(2) FOUNDATION. The Military Stability Foundation, an Alabama nonprofit corporation incorporated on September 8, 2011.

(3) MILITARY INSTALLATION. A federal or state military fort, base, camp, post, station, yard, depot, arsenal, armory, or other installation, if located within the State of Alabama.

(4) PROGRAM. The Military Stability Program established by this chapter.

(5) RECIPIENT. A person, entity, association, or governmental entity which receives monies from the program.
Ala. Code § 31-2-85 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-85
Section 31-2-85 Compensation for Injury, Disability, and Death
Status: reserved

Repealed by Act 2012-333, p. 789, §3, effective August 1, 2012.
Ala. Code § 31-2A-138 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-138
Section 31-2A-138 (Article 138.) Complaints of Wrongs
Status: in_force

Any member of the Alabama National Guard who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine the complaint and take proper measures for redressing the wrong complained of; and, as soon as possible, shall send to the Adjutant General a true statement of that complaint, with the proceedings had thereon.
Ala. Code § 31-2-52 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-52
Section 31-2-52 Commander in Chief - Powers and Duties Generally
Status: in_force

(a) The Governor of Alabama, as Commander in Chief, shall have power and is hereby authorized and directed to alter, increase, divide, annex, consolidate, disband, organize, or reorganize any organization, department, or unit, so as to conform as far as practicable to any organization, system, drill, instruction, type of uniform or equipment, or period of enlistment now or hereafter prescribed by the laws of the United States and rules and regulations promulgated thereunder by the Secretary of Defense for the organization, armament, training, and discipline of the militia or National Guard, or by the Secretary of the Navy for the organization, armament, training, and discipline of the Naval Militia. For that purpose, the number of officers, warrant officers, and enlisted men of any grade in any organization, corps, detachment, headquarters, or staff may be increased or diminished and the grade and number of such officers, warrant officers, and enlisted men may be altered to the extent necessary to secure, as far as practicable, such conformity.

(b) The Governor, as Commander in Chief, shall have the power in case of war, invasion, insurrection, riot, tumult, breach of peace, natural disaster, or imminent danger thereof, to call or order all or any portion or class of the armed forces of the state into the active military or naval service of the state, to increase the land and naval forces of this state and to organize the same in accordance with the existing rules and regulations governing the armies of the United States, or in accordance with such other system as the Governor may consider the exigency to require, and such organization and increase may be either pursuant to, or in advance of, any call, draft, or order of the President of the United States.

(c) The Governor may authorize all or any part of the National Guard or Naval Militia to participate in any drill, parade, review, or other public exercise, or to engage in service for escort duty, and may prescribe all regulations and requirements therefor, and such expenses incidental thereto as he may authorize shall be paid as provided in this chapter for the militia in the active military or naval service of the state.

(d) The Governor of Alabama, as Commander in Chief, is hereby authorized and empowered to do and perform all acts, and to make and publish such rules and regulations, and to organize and maintain the National Guard and the Naval Militia of Alabama in every respect up to the standards required by the laws and regulations of the United States now existing or which may hereafter be enacted for the benefit of the National Guard and Naval Militia of the United States.

(e) The Governor, as Commander in Chief, is authorized to call out all or any such portion of the National Guard as he may deem advisable, upon his determination that a state of emergency exists.
Ala. Code § 31-5A-9 — Alabama Code / Title 31 / Chapter 5A / Section 31-5A-9
Section 31-5A-9 Annual Reports and Budget Requests
Status: in_force

(a) The department shall report annually to the Governor the activities of the department regarding the operation of the state veterans homes.

(b) The annual report shall contain an accounting of all monies received and expended, statistics on veterans who resided in the homes during the year, recommendations to the Governor and the Legislature, and other matters deemed pertinent by the department.

(c) The commissioner shall compile an annual budget request, as necessary, listing needs for state funding for anticipated costs of veterans homes. The budget request shall be submitted to the Department of Finance in conjunction with the State Department of Veterans Affairs annual budget requests.
Ala. Code § 31-13-24 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-24
Section 31-13-24 Solicitation, Attempt, or Conspiracy to Violate Chapter
Status: in_force

(a) A solicitation to violate any criminal provision of this chapter, an attempt to violate any criminal provision of this chapter, or a conspiracy to violate any criminal provision of this chapter shall have the same penalty as a violation of this chapter.

(b) For the purposes of this section, solicitation shall have the same principles of liability and defenses as criminal solicitation under subsections (b) through (e) of Section 13A-4-1 and Section 13A-4-5.

(c) For the purposes of this section, attempt shall have the same principles of liability and defenses as attempt under subsections (b) and (c) of Section 13A-4-2 and Section 13A-4-5.

(d) For the purposes of this section, conspiracy shall have the same principles of liability and defenses as criminal conspiracy under subsections (b) through (f) of Section 13A-4-3 and Sections 13A-4-4 and 13A-4-5.
Ala. Code § 31-8-13 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-13
Section 31-8-13 Persons Becoming Resident Citizens of Other States to Be Dropped from Pension Roll; Right of Reinstatement; Temporary Absence from State
Status: in_force

Any widow receiving a pension under this chapter who shall become a resident citizen of another state shall be dropped from the pension roll of this state, and the county department of human resources is expressly prohibited from delivering the pension warrant to any payee who is at the time of such delivery a resident citizen of another state. On the return of any such pensioner to the state and the reestablishment by her of residence in this state, the name of such pensioner shall be restored to the pension roll; provided, however, that if a pensioner temporarily removes to another state, but does not abandon her legal residence in this state, such pensioner shall not be dropped from the pension roll but shall be retained thereon, and her warrant shall be sent by registered or certified mail to the temporary address of such pensioner, return receipt requested.
Ala. Code § 31-2-99 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-99
Section 31-2-99 Courts-Martial for Members of National Guard - Employment of Court Reporter
Status: in_force

The employment of a reporter may be authorized by the convening authorities for any general or special court-martial. When a reporter is employed, he shall be paid upon the certificate of the judge advocate and upon the approval of the Governor from the regular military appropriations such fees as are provided by law for an official reporter.
Ala. Code § 31-13-26 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-26
Section 31-13-26 Enforcement of Certain Contracts Prohibited
Status: in_force

(a) No court of this state shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States, if the party had direct or constructive knowledge that the alien was unlawfully present in the United States at the time the contract was entered into, and the performance of the contract required the alien to remain unlawfully present in the United States for more than 24 hours after the time the contract was entered into or performance could not reasonably be expected to occur without such remaining.

(b) This section shall not apply to a contract for lodging for one night, a contract for the purchase of food to be consumed by the alien, a contract for medical services, or a contract for transportation of the alien that is intended to facilitate the alien’s return to his or her country of origin.

(c) This section shall not apply to a contract authorized by federal law, to a contract entered into prior to May 18, 2012, or to a contract for the appointment or retention of legal counsel in legal matters.

(d) In proceedings of the court, the determination of whether an alien is unlawfully present in the United States 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 alien is unlawfully present in the United States. 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.
Ala. Code § 31-2-86 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-86
Section 31-2-86 Payment for Damages Caused by National Guard Members Acting in Line of Duty
Status: in_force

Awards by the State Board of Adjustment on claims filed for damages caused by members of the National Guard of Alabama while acting in the line of duty in the active military service of the state shall be paid from appropriations of the State Military Department or from the State General Fund when the appropriations of the State Military Department are deemed inadequate for such payment by the State Board of Adjustment.
Ala. Code § 31-2A-83 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-83
Section 31-2A-83 (Article 83.) Fraudulent Enlistment, Appointment, or Separation
Status: in_force

Any person who does either of the following shall be punished as a court-martial may direct:

(1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications for that enlistment or appointment and receives pay or allowances thereunder.

(2) Procures his or her own separation from the Alabama National Guard by knowingly false representation or deliberate concealment as to his or her eligibility for that separation.
Ala. Code § 31-2A-9 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-9
Section 31-2A-9 (Article 9.) Imposition of Restraint
Status: in_force

(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain within certain specified limits. Confinement is the physical restraint of a person.

(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer’s command or subject to the commanding officer’s authority into arrest or confinement.

(c) A commissioned officer, a warrant officer, or a civilian subject to this code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.

(d) No person may be ordered into arrest or confinement except for probable cause.

(e) This article does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Ala. Code § 31-2-126 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-126
Section 31-2-126 Commanders May Incarcerate and Detain Persons Interfering with Performance of Troops; Abatement of Menaces to Health or Safety of Command
Status: in_force

The commanding officer of troops in the active service of the state shall have the power to incarcerate and detain, until such person can be turned over to the civil authorities, any person guilty of drunkenness, breach of peace, or disorderly conduct, which interferes with the performance of the troops. Such commanding officer shall have the authority to abate any menace to the health or safety of his command.
Ala. Code § 31-2A-58a — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-58a
Section 31-2A-58a (Article 58A.) Sentences - Reduction in Enlisted Grade Upon Approval
Status: in_force

(a) A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes either a bad-conduct discharge or confinement reduces that member to pay grade E-1, effective on the date of that approval.

(b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (a), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.
Ala. Code § 31-9-15 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-15
Section 31-9-15 Orders, Rules, and Regulations of Governor - Enforcement - Arrests Without Warrant
Status: in_force

A peace officer, when in full and distinctive uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in such officer’s presence any order, rule, or regulation made pursuant to this article. This authority shall be limited to those rules and regulations which affect the public generally.
Ala. Code § 31-4-12 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-12
Section 31-4-12 Property Used for Armory and Training Purposes Exempt from Taxation, Etc
Status: in_force

All property actually used for armory and military training purposes, as defined in this chapter, shall be exempt from all taxation, import, or assessment.
Ala. Code § 31-8-7 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-7
Section 31-8-7 Application for Placement on Pension Roll
Status: in_force

The widow of any Confederate soldier or sailor, deeming herself entitled to the benefits of this chapter, shall file with the county department of human resources of the county of which she is a bona fide resident, her application in writing, sworn to before some officer authorized to administer oaths, on blanks furnished by the county department of human resources, such blanks conforming substantially to the requirements set forth in Section 31-8-2. The application shall show the name of the deceased husband and the date of his death, his company and regiment, the date of the widow’s marriage, her age at the time of making the application, and whether application has been made before and rejected or her name dropped from the pension roll before, and if so, when and the reason assigned.
Ala. Code § 31-4-19 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-19
Section 31-4-19 Disbursement of Regular Military Appropriations for Maintenance of Armories, Etc
Status: in_force

In order that there shall be provided maintenance funds for amories and other buildings erected and areas provided for drill and training and other military purposes under the provisions of this chapter, the Adjutant General of this state is authorized to pay out of the “Regular Military Appropriations” sums equivalent to, or not more than, the whole sums now or hereafter appropriated by the state for the upkeep and maintenance of National Guard or Naval Militia organizations under the heading of “Maintenance for Headquarters and Organizations” authorized under Chapter 2 of this title, in the discretion of the Governor upon the advice of the Armory Commission of Alabama.
Ala. Code § 31-4-3 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-3
Section 31-4-3 Powers and Duties Generally; Compensation of Members; Meetings; Quorum; Delegation of Powers and Duties to Executive Committee
Status: in_force

The commission may in its corporate name sue and be sued, contract and be contracted with, acquire real and personal property by gift, purchase, lease, hire, or condemnation, and may do all things and exercise all rights and powers reasonably necessary to carry out and perform the duties intended or required by this chapter. The members shall serve without compensation and shall be paid the expenses allowed by law while attending meetings of the commission or while traveling under orders for the performance of duty in connection with the business of the commission, the expense to be payable out of any funds available to the commission, or if the Governor so directs, out of the active military service appropriation. The commission shall hold regular or special meetings at Montgomery or other designated places at the discretion and on call of the Governor, after reasonable notice. A majority of the members shall constitute a quorum for the consideration of business. The commission may delegate to an executive committee, consisting of not less than three of its members, such of its duties and authority as it may deem proper and advisable, not inconsistent with the provisions of this chapter.
Ala. Code § 31-12-9 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-9
Section 31-12-9 Paid Military Leave; Membership in Retirement Systems
Status: in_force

This chapter shall not repeal, modify, or otherwise affect existing state law in regard to paid military leave or the provisions of the Retirement Systems of Alabama, except as modified herein with respect to the continuing of membership in the Retirement Systems of Alabama.
Ala. Code § 31-2-112 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-112
Section 31-2-112 Ordering Out of Troops - Issuance of Order by Governor; Authority of Local Civil Authorities to Order Out Troops
Status: in_force

(a) Whenever there is an insurrection or outbreak of a formidable character which has overawed, or threatens to overawe, the ordinary civil authorities, or in cases of disaster, and the authorities in such county, city, or town, have attempted and failed to quell the same by use of a posse comitatus, or it is apparent that such attempt would be useless, the Governor on a certificate of such facts from any four conservators of the peace in such county, city, or town, or from any circuit court judge, probate court judge, sheriff, or justice of the Supreme Court, shall immediately order out such portion of the National Guard or Militia as he may deem necessary to enforce the laws, and preserve the peace, and the Governor may, when the urgency is great, order out such troops without any certificate from either of the officers mentioned in this section, but in no case shall the Governor keep in service in any county, city, or town, of the state for more than 10 days any troops or militia other than that raised in such county, except in time of invasion or actual insurrection unless some justice of the Supreme Court or circuit judge, or the sheriff thereof, shall certify to him that the longer presence of such militia or troops is requisite to the proper enforcement of the law or the preservation of the peace therein.

(b) In case there is a failure of the means to communicate with the Governor or his authorized representative, due to riot, insurrection, civil disturbance, or disaster, the mayor of a city or town, the sheriff, probate judge, or a circuit court judge of the county involved may direct the highest commander or officer of the National Guard within the county to call to duty such units of the National Guard in the county as are necessary to suppress such riot, insurrection, or civil disturbance or render assistance in case of disaster. Civil authorities shall not call units of the National Guard to duty under this section unless local authorities are unable to restore order and unless the authorities have attempted to communicate with the Governor or his authorized representative, but lack the means to do so due to the circumstances set forth in this section.

(c) The Governor, as Commander in Chief, is authorized to call out all or any such portion of the National Guard as he may deem advisable, upon his determination that a state of emergency exists.
Ala. Code § 31-2A-75 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-75
Section 31-2A-75 (Article 75.) Restoration
Status: in_force

(a) Under such regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.

(b) If a previously executed sentence of or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused’s enlistment.
Ala. Code § 31-2A-127 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-127
Section 31-2A-127 (Article 127.) Extortion
Status: in_force

Any person subject to this code who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.
Ala. Code § 31-9-11 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-11
Section 31-9-11 Powers, Immunities, Etc., of Employees of Political Subdivisions Rendering Outside Aid
Status: in_force

Whenever the employees of any political subdivision are rendering outside aid pursuant to a mutual aid agreement authorized by Section 31-9-9 or by the authority contained in Section 31-9-10, the employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivisions in which they are normally employed.
Ala. Code § 31-2A-50a — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-50a
Section 31-2A-50a (Article 50A.) Defense of Lack of Mental Responsibility
Status: in_force

(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.

(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this article and charge members to find the accused any one of the following:

(1) Guilty.

(2) Not guilty.

(3) Not guilty only by reason of lack of mental responsibility.

(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused any one of the following:

(1) Guilty.

(2) Not guilty.

(3) Not guilty only by reason of lack of mental responsibility.

(e) Notwithstanding the provisions of Section 31-2A-52 (Article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if either of the following occurs:

(1) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.

(2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
Ala. Code § 31-2A-35 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-35
Section 31-2A-35 (Article 35.) Service of Charges
Status: in_force

The trial counsel shall serve or cause to be served upon the accused a copy of the charges. No individual, against the individual’s objection, may be brought to trial before a general court-martial case within a period of 45 days after the service of charges upon the accused, or in a special court-martial, within a period of 30 days after the service of charges upon the accused.
Ala. Code § 31-2-2 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-2
Section 31-2-2 Composition and Administration of State Militia Generally
Status: in_force

The militia of this state shall consist of all able-bodied male citizens, and all other able-bodied males who have declared their intention to become citizens of the United States, between the ages of 17 and 45, and who are residents of the state, and of such other persons, male and female, as may upon their own application, be enlisted or commissioned therein pursuant to any provisions of this chapter, subject, however, to such exceptions and exemptions as are now, or may hereafter be created by the laws of the United States, or by the Legislature of this state, it being specifically provided that, in the event federal laws or rules and regulations promulgated pursuant thereto authorize and permit service in units or organizations of the organized militia, as defined in this chapter, by persons of more than 45 years of age, such persons are hereby authorized to continue to serve in the organized militia for so long as may be allowed by such laws, rules, or regulations, all other conditions, qualifications or requirements as to eligibility for service being complied with. All affairs pertaining to the state military forces shall be administered by the State Military Department, which shall be headed by the Adjutant General, who shall be responsible to the Governor as Commander in Chief.
Ala. Code § 31-2B-5 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-5
Section 31-2B-5 Duties of General Counsel; Office of General Counsel Staff. (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) Under the direction of the Adjutant General and the State Staff Judge Advocates, the General Counsel shall do all of the following: (1) Advise and support the State Staff Judge Advocates on all judge advocate legal service matters. (2) Advise the Adjutant General, State Military Department, Governor, chief of staff of each service, and Director of the Joint Staff, as necessary. (3) Serve as Chief Information Officer for the Judge Advocate General Counsel. (4) Inspect, supervise, and manage judge advocate activities as directed by the State Staff Judge Advocates. (5) Supervise all Alabama National Guard litigation and appeals. (6) Supervise and provide advice on all contract and fiscal issues. (7) Supervise and provide technical guidance regarding military justice and administrative law. (8) Supervise the Office of General Counsel, including employment, professional responsibility, and office management matters. (9) Establish policy and operational guidance for all aspects of the Legal Services Office. (10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates. (b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.

(1) Advise and support the State Staff Judge Advocates on all judge advocate legal service matters. (2) Advise the Adjutant General, State Military Department, Governor, chief of staff of each service, and Director of the Joint Staff, as necessary. (3) Serve as Chief Information Officer for the Judge Advocate General Counsel. (4) Inspect, supervise, and manage judge advocate activities as directed by the State Staff Judge Advocates. (5) Supervise all Alabama National Guard litigation and appeals. (6) Supervise and provide advice on all contract and fiscal issues. (7) Supervise and provide technical guidance regarding military justice and administrative law. (8) Supervise the Office of General Counsel, including employment, professional responsibility, and office management matters. (9) Establish policy and operational guidance for all aspects of the Legal Services Office. (10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates. (b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.

(2) Advise the Adjutant General, State Military Department, Governor, chief of staff of each service, and Director of the Joint Staff, as necessary.

(3) Serve as Chief Information Officer for the Judge Advocate General Counsel.

(4) Inspect, supervise, and manage judge advocate activities as directed by the State Staff Judge Advocates. (5) Supervise all Alabama National Guard litigation and appeals. (6) Supervise and provide advice on all contract and fiscal issues. (7) Supervise and provide technical guidance regarding military justice and administrative law. (8) Supervise the Office of General Counsel, including employment, professional responsibility, and office management matters. (9) Establish policy and operational guidance for all aspects of the Legal Services Office. (10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates. (b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.

(5) Supervise all Alabama National Guard litigation and appeals. (6) Supervise and provide advice on all contract and fiscal issues. (7) Supervise and provide technical guidance regarding military justice and administrative law. (8) Supervise the Office of General Counsel, including employment, professional responsibility, and office management matters. (9) Establish policy and operational guidance for all aspects of the Legal Services Office. (10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates. (b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.

(6) Supervise and provide advice on all contract and fiscal issues. (7) Supervise and provide technical guidance regarding military justice and administrative law. (8) Supervise the Office of General Counsel, including employment, professional responsibility, and office management matters. (9) Establish policy and operational guidance for all aspects of the Legal Services Office. (10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates. (b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.

(7) Supervise and provide technical guidance regarding military justice and administrative law. (8) Supervise the Office of General Counsel, including employment, professional responsibility, and office management matters. (9) Establish policy and operational guidance for all aspects of the Legal Services Office. (10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates. (b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.

(8) Supervise the Office of General Counsel, including employment, professional responsibility, and office management matters. (9) Establish policy and operational guidance for all aspects of the Legal Services Office. (10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates. (b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.

(9) Establish policy and operational guidance for all aspects of the Legal Services Office. (10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates. (b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.

(10) Supervise the Deputy General Counsel, associate general counsels, deputy staff judge advocates, judge advocates, all legal services personnel, and others who are members of the Judge Advocate Legal Services Office to assist the Office of General Counsel in supporting the State Staff Judge Advocates.

(b) The Office of General Counsel full-time staff shall include a general counsel, deputy general counsel, chief paralegal, and associate general counsels.
Ala. Code § 31-4-16 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-16
Section 31-4-16 Sale or Lease of Armories
Status: in_force

When the State Armory Commission shall receive information from the Governor of the disbandment of an organization of the National Guard or Naval Militia of Alabama occupying or using an armory provided under the direction of the Armory Commission, it shall be the duty of the commission to determine whether such armory shall be sold or not. If it is determined that such armory shall be sold, the same shall be sold to the highest bidder after publication of advertisement for bids, and the proceeds of such sale shall be divided between the state, county, and city as their interest may appear; provided that in case an armory becomes vacant by reason mentioned in this section, the Armory Commission for the state may lease such armory for a period not to exceed one year, or, when duly authorized by the Governor, may lease the same for a period of years, the proceeds therefrom in either case to be turned into the Armory Fund.
Ala. Code § 31-9A-6 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-6
Section 31-9A-6 Deputy Director of Homeland Security
Status: in_force

(a) The position of Deputy Director of Homeland Security is created. The deputy director shall be responsible for such tasks and duties as assigned by the director.

(b) The deputy director shall be appointed by and serve at the pleasure of the Governor. The salary of the deputy director shall be set by the Governor.
Ala. Code § 31-9-8 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-8
Section 31-9-8 Emergency Powers of Governor
Status: in_force

(a) The provisions of this section shall be operative only during the existence of a state of emergency, referred to hereinafter as one of the states of emergency defined in Section 31-9-3. The existence of a state of emergency may be proclaimed by the Governor as provided in this subsection or by joint resolution of the Legislature if the Governor in the proclamation or the Legislature in the resolution finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural disaster of major proportions or a public health emergency has occurred or is reasonably anticipated in the immediate future within this state and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. If the state of emergency affects less than the entire state, the Governor or the Legislature shall designate in the proclamation or resolution those counties to which the state of emergency applies. The emergency, whether proclaimed by the Governor or by the Legislature, shall terminate 60 days after the date on which it was proclaimed unless the Governor extends the emergency by proclamation or the Legislature extends the emergency by a joint resolution. Upon proclamation by the Governor of a state of emergency, the Governor may call the Legislature into special session. Additionally, the Lieutenant Governor or the Speaker of the House may request in writing that the Governor call the Legislature into special session. During the period that the proclaimed emergency exists or continues, the Governor shall have and may exercise the following additional emergency powers:

(1) To enforce all laws, rules, and regulations relating to emergency management and to assume direct operational control of all emergency management forces and helpers in the state.

(2) To sell, lend, lease, give, transfer, or deliver materials or perform services for emergency management purposes on such terms and conditions as the Governor shall prescribe and without regard to the limitations of any existing law, and to account to the State Treasurer for any funds received for such property.

(3) To procure, by purchase, condemnation, seizure, or other means, construct, lease, transport, store, maintain, renovate, or distribute materials and facilities for emergency management without regard to the limitations of any existing law; provided, that this authority shall not be exercised with regard to newspapers, wire facilities leased or owned by news services, and other news publications, and provided further, that he or she shall make compensation for the property so seized, taken, or condemned, on the following basis:

a. In case property is taken for temporary use, the Governor, within 30 days of the taking, shall fix the amount of compensation to be paid therefor, and in case the property shall be returned to the owner in a damaged condition, or shall not be returned to the owner, the Governor shall fix within 30 days the amount of compensation to be paid for the damage or failure to return. Whenever the Governor shall deem it advisable for the state to take title to property taken under this section, he or she shall forthwith cause the owner of the property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best available means, and forthwith cause to be filed a copy of the notice with the Secretary of State.

b. If the person entitled to receive the amount so determined by the Governor as just compensation is unwilling to accept the same as full and complete compensation for such property or the use thereof, he or she shall be paid 75 percent of such amount and shall be entitled to recover from the State of Alabama, in an action brought in a court in the county of residence of the claimant or in Montgomery County, in the same manner as other condemnation claims are brought, within three years after the date of the Governor’s award, such additional amount, if any, which when added to the amount so paid to him or her, shall be just compensation.

(4) To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of such evacuees.

(5) To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

(6) To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this article or with the findings or recommendations of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or otherwise.

(7) To utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof. All such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he or she may request.

(8) With due consideration to the recommendations of local authorities, the Governor may formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry, and may coordinate the activities of the departments or agencies of the state and of the political subdivisions thereof concerned directly or indirectly with public highways and streets, in a manner which will best effectuate such plans.

(9) To establish agencies and offices and to appoint temporary executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of this article without regard to the Merit System Act.

(b) The proclamation of a state of public health emergency shall activate the disaster response and recovery aspects of the state, local, and inter-jurisdictional disaster emergency plans in the affected political subdivisions or geographic areas. Such declaration authorizes the deployment and use of any forces to which the plans apply and the use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or available pursuant to this article.

(c) When a state of public health emergency has been declared or terminated, the State Board of Health shall inform members of the public on how to protect themselves and what actions are being taken to control the emergency.

(d)(1) Nothing in this section shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in subdivision (2).

(2) A law enforcement officer who is acting in the lawful discharge of the officer’s official duties may disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.
Ala. Code § 31-2A-87 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-87
Section 31-2A-87 (Article 87.) Missing Movement
Status: in_force

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.
Ala. Code § 31-2-78 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-78
Section 31-2-78 Personal Uniforms, Arms, Etc., of Officers, Enlisted Men, Etc., Exempt from Sale Under Execution, Etc
Status: in_force

The personally owned uniforms, arms, and equipment, required by laws or regulations of every commissioned, warrant, and noncommissioned officer, musician and enlisted man of the armed forces of the state, shall be exempt from sale under any execution or other process for debt or taxes.
Ala. Code § 31-2B-2 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-2
Section 31-2B-2 Applicability of Chapter
Status: in_force

This chapter applies to all judge advocates and services and personnel thereof at all times, including during federal service.
Ala. Code § 31-13-27 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-27
Section 31-13-27 Verification of Citizenship and Immigration Status of Students Enrolling in Public Schools; Annual Reports; Disclosure of Information
Status: in_force

(a)(1) Every public elementary and secondary school in this state, at the time of enrollment in kindergarten or any grade in such school, shall determine whether the student enrolling in public school was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States and qualifies for assignment to an English as Second Language class or other remedial program.

(2) The public school, when making the determination required by subdivision (1), shall rely upon presentation of the student’s original birth certificate, or a certified copy thereof.

(3) If, upon review of the student’s birth certificate, it is determined that the student was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States, or where such certificate is not available for any reason, the parent, guardian, or legal custodian of the student shall notify the school within 30 days of the date of the student’s enrollment of the actual citizenship or immigration status of the student under federal law.

(4) Notification shall consist of both of the following:

a. The presentation for inspection, to a school official designated for such purpose by the school district in which the child is enrolled, of official documentation establishing the citizenship and, in the case of an alien, the immigration status of the student, or alternatively by submission of a notarized copy of such documentation to such official.

b. Attestation by the parent, guardian, or legal custodian, under penalty of perjury, that the document states the true identity of the child. If the student or his or her parent, guardian, or legal representative possesses no such documentation but nevertheless maintains that the student is either a United States citizen or an alien lawfully present in the United States, the parent, guardian, or legal representative of the student may sign a declaration so stating, under penalty of perjury.

(5) If no such documentation or declaration is presented, the school official shall presume for the purposes of reporting under this section that the student is an alien unlawfully present in the United States.

(b) Each school district in this state shall collect and compile data as required by this section.

(c) Each school district shall submit to the State Board of Education an annual report listing all data obtained pursuant to this section.

(d)(1) The State Board of Education shall compile and submit an annual public report to the Legislature.

(2) The report shall provide data, aggregated by public school, regarding the numbers of United States citizens, of lawfully present aliens by immigration classification, and of aliens believed to be unlawfully present in the United States enrolled at all primary and secondary public schools in this state. The report shall also provide the number of students in each category participating in English as a Second Language Programs enrolled at such schools.

(3) The report shall analyze and identify the effects upon the standard or quality of education provided to students who are citizens of the United States residing in Alabama that may have occurred, or are expected to occur in the future, as a consequence of the enrollment of students who are aliens not lawfully present in the United States.

(4) The report shall analyze and itemize the fiscal costs to the state and political subdivisions thereof of providing educational instruction, computers, textbooks and other supplies, free or discounted school meals, and extracurricular activities to students who are aliens not lawfully present in the United States.

(5) The State Board of Education shall prepare and issue objective baseline criteria for identifying and assessing the other educational impacts on the quality of education provided to students who are citizens of the United States, due to the enrollment of aliens who are not lawfully present in the United States, in addition to the statistical data on citizenship and immigration status and English as a Second Language enrollment required by this chapter. The State Board of Education may contract with reputable scholars and research institutions to identify and validate such criteria. The State Board of Education shall assess such educational impacts and include such assessments in its reports to the Legislature.

(e) Public disclosure by any person of information obtained pursuant to this section which personally identifies any student shall be unlawful, except for purposes permitted pursuant to 8 U.S.C. §§ 1373 and 1644. Any person intending to make a public disclosure of information that is classified as confidential under this section, on the ground that such disclosure constitutes a use permitted by federal law, shall first apply to the Attorney General and receive a waiver of confidentiality from the requirements of this subsection.

(f) A student whose personal identity has been negligently or intentionally disclosed in violation of this section shall be deemed to have suffered an invasion of the student’s right to privacy. The student shall have a civil remedy for such violation against the agency or person that has made the unauthorized disclosure.

(g) The State Board of Education shall construe all provisions of this section in conformity with federal law.

(h) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
Ala. Code § 31-2-134 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-134
Section 31-2-134 National Guard Challenge Program
Status: in_force

(a) In addition to any other authority provided by the Constitution of Alabama of 1901, or any laws of the State of Alabama, the Governor, as Commander in Chief of the organized militia of this state and in accordance with 32 U.S.C. §509, may order or direct that the Alabama National Guard apply for and use federal funds to provide training, education, and other benefits to civilians in accordance with 32 U.S.C. §509.

(b) Whenever the Governor assigns a duty to the Adjutant General under this section, the Adjutant General may do all of the following:

(1) Consult with appropriate state agencies concerning youth opportunity training programs and, in connection therewith, establish a program utilizing National Guard facilities, the National Guard, and the Military Department personnel in order to provide military-based training and other benefits to civilian youth pursuant to an agreement with the federal government or as otherwise agreed.

(2) Enter into agreements and do all things necessary or incidental to the performance of any such duty, including, but not limited to, the execution of grant agreements with the federal government and the execution of other contracts and agreements.
Ala. Code § 31-2A-14 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-14
Section 31-2A-14 (Article 14.) Delivery of Offenders to Civil Authorities
Status: in_force

A person subject to this code accused of an offense against civil authority is also subject to the Interstate Agreement on Detainers Act, 18 U.S.C. Appendix 2.
Ala. Code § 31-2A-59 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-59
Section 31-2A-59 (Article 59.) Error of Law; Lesser Included Offense
Status: in_force

(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Ala. Code § 31-2-129 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-129
Section 31-2-129 Counties or Municipalities May Appropriate Funds for Military Purposes for Local National Guard and Naval Militia Units
Status: in_force

The county commission in each county and the city council, city commissioners, or other governing body of a municipality are hereby authorized and empowered, at their discretion, to appropriate such sums of money as they may deem wise and advisable, not otherwise appropriated, to pay the necessary organization and maintenance expenses, and appropriate moneys for the purpose of furnishing, by rental or purchase, armories, office furniture, and equipment, and lockers, training areas, target ranges, sheds for military vehicles, hangars for airplanes, motor vehicles and military equipment of every character, including flying fields and similar utilities, for the military purposes of each unit of the National Guard and Naval Militia located in their respective counties and municipalities, to be accounted for to the Governor by the organization receiving such appropriation as provided in this chapter for other military funds.
Ala. Code § 31-5A-10 — Alabama Code / Title 31 / Chapter 5A / Section 31-5A-10
Section 31-5A-10 Reimbursement Policies
Status: in_force

Each resident of any state veterans home shall pay directly to the contracted service operator of the home the cost of maintaining his or her residence at the home. The cost shall be determined by the commissioner. The cost of the care shall be paid by the 10th day of each month.
Ala. Code § 31-2A-104 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-104
Section 31-2A-104 (Article 104.) Aiding the Enemy
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-2-62 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-62
Section 31-2-62 Bonds of Adjutant General and Other Employees of Military Department
Status: in_force

The Adjutant General and such other employees of the Military Department of the state who handle state or United States property or state or United States funds, including the United States property and fiscal officer and the state property and disbursing officer, shall give bond in a surety company in such amounts as may be required by the state and the United States, the bonds to be approved by the Governor, the premiums to be paid by the state, and the conditions in the bonds to be as required by the state and the United States.
Ala. Code § 31-2A-37 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-37
Section 31-2A-37 (Article 37.) Unlawfully Influencing Action of Court
Status: in_force

(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, the military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to its judicial acts. This subsection shall not apply to either of the following:

(1) General instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial.

(2) Statements and instructions given in open court by the military judge, summary court-martial officer, or counsel.

(b) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code, in preparing any report, may do either of the following:

(1) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein.

(2) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.
Ala. Code § 31-2B-12 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-12
Section 31-2B-12 (Amended by Act 2026-289) Command, Wing, and Brigade Judge Advocates; Supervisory Judge Advocates; Duties of Command Judge Advocate, Staff Judge Advocate, and Brigade Judge Advocate
Status: reserved

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

(a) Command, Wing, and Brigade Judge Advocates shall provide legal services to Major Military Commands, including MACOM, MAJCOM, and Wing in this state through legal offices and legal sections headed by judge advocates within each MACOM, MAJCOM, and Wing. Judge advocates shall be members of MACOM, MAJCOM, and Wing Commanders’ Staff and are designated as supervisory judge advocates.

(b) A Supervisory Judge Advocate shall be a judge advocate within an office or organization with authority over, or responsibility for, the direction, coordination, evaluation, or assignment of responsibilities and work of subordinate lawyers, paralegals, and other non-lawyer assistants within MACOM, MAJCOM, or Wing.

(c) The supervisory judge advocates shall include the Command Judge Advocate, Staff Judge Advocate, and the Brigade Judge Advocate as determined by the placement.

(d) The Command Judge Advocate, Staff Judge Advocate, and Brigade Judge Advocate shall do all of the following:

(1) Advise the commander regarding legal matters and assist the commander in exercising his or her duties as a part of the commander’s personal staff, all under the management and supervision of the respective State Staff Judge Advocate.

(2) Assist the commander in identifying legal problems and render legal advice in support of the commander’s decision-making process.

(3) Furnish legal advice, assistance, and support across the broad spectrum of military, state, and federal practice, including administrative law, claims, contract, and fiscal law, international and operational law, and military justice; provided, all legal assistance is reserved to the Legal Services Office unless otherwise determined by a State Staff Judge Advocate.

(4) Be responsible for the efficient, effective, and ethical delivery of legal services to his or her commanders and commands.

(5) Create and maintain rating and supervisory chains that comply with applicable Army standards and ensure effective leadership of all legal personnel of the command legal office.

(6) Ensure legal personnel are adequately trained to accomplish the legal mission, including through local training and through attendance at the Judge Advocate Center and School courses, including that all judge advocate attorneys accomplish continuing legal education required by the Alabama State Bar.

(7) Appoint and assign duties of the chief paralegal, trial counsel, and Deputy Command Judge Advocate, Deputy Staff Judge Advocate, or Deputy Brigade Judge Advocate, as appropriate, with consent of the State Staff Judge Advocate.

(8) Maintain written standard office procedures and annex to Operation Order for Command.

(9) Maintain proper written reports regarding investigations, separations, and military justice as directed by the Office of General Counsel and State Staff Judge Advocate.

(10) Publish an office SOP and OPORD Annex for their respective commands.
Ala. Code § 31-2B-8 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-8
Section 31-2B-8 Duties of Contract and Fiscal Law Associate General Counsel. (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.

The Contract and Fiscal Law Associate General Counsel shall do all of the following:

(1) Serve as coordinator of all contract and fiscal law matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel.

(2) Coordinate and provide support to the military judge advocates assigned to contract and fiscal law sections.

(3) Provide and supervise all contract and fiscal law training throughout the Alabama National Guard.
Ala. Code § 31-2-75 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-75
Section 31-2-75 Discharge of Enlisted Members of National Guard
Status: in_force

An enlisted member discharged from the service in the National Guard shall receive a discharge in writing in such form and with such recommendations as is or shall be hereafter prescribed by Gongress or the Secretary of Defense under the provisions of the National Defense Act.
Ala. Code § 31-13-16 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-16
Section 31-13-16 Certain Business Expense Deductions Prohibited
Status: in_force

(a) No wage, compensation, whether in money or in kind or in services, or remuneration of any kind for the performance of services paid to an unauthorized alien shall be allowed as a deductible business expense for any state income or business tax purposes in this state. This subsection shall apply whether or not an Internal Revenue Service Form 1099 is issued in conjunction with the wages or remuneration.

(b) Any business entity or employer who knowingly fails to comply with the requirements of this section shall be liable for a penalty equal to 10 times the business expense deduction claimed in violation of subsection (a). The penalty provided in this subsection shall be payable to the Alabama Department of Revenue.
Ala. Code § 31-13-22 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-22
Section 31-13-22 Enforcement of Chapter in Coordination with Federal Immigration Laws
Status: in_force

The Alabama Department of Homeland Security shall have the authority to coordinate with state and local law enforcement the practice and methods required to enforce this chapter in cooperation with federal immigration authorities and consistent with federal immigration laws.
Ala. Code § 31-2A-2 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-2
Section 31-2A-2 (Article 2.) Persons Subject to This Code; Jurisdiction
Status: in_force

(a) This code applies to all members of the state military forces at all times and in all places.

(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between an offense, either military or non-military, and the state military force. When a member is in any duty status (State Active Duty (SAD), T.32 and T.10) then a rebuttable presumption exists that the nexus is established. A proper civilian court has primary jurisdiction of an offense when an act or omission violates civilian criminal law, foreign or domestic. Courts-martial shall have primary jurisdiction over all military offenses defined in this code.
Ala. Code § 31-2-17 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-17
Section 31-2-17 Unauthorized Wearing of Uniform of United States Armed Forces
Status: in_force

It shall be unlawful for any person not an officer, warrant officer, or enlisted man of the United States Armed Forces to wear the duly prescribed uniform or any distinctive part thereof, of the uniform of the United States Armed Forces, within the boundaries of the State of Alabama; provided that the foregoing provisions shall not be construed so as to prevent officers, warrant officers, or enlisted men of the National Guard or Naval Militia, or such other organizations as the Secretary of Defense shall designate, from wearing the prescribed uniform, nor to prevent persons who in time of war have served honorably as officers of the United States Armed Forces, regular or volunteer, whose most recent service was terminated by an honorable discharge, muster out or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they held by brevet or other commission in such regular or volunteer service; nor to prevent any person who has been honorably discharged from the United States Armed Forces, regular or volunteer, from wearing his uniform from the place of his discharge to his home within three months after his discharge; nor to prevent the members of military societies composed entirely of honorably discharged officers, warrant officers, or enlisted men or both of the United States Armed Forces, regular or volunteer, from wearing upon occasions of ceremony the uniform duly prescribed by such societies to be worn by the members thereof; nor to prevent the instructors and members of the duly organized cadet corps of a state university, state college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school; nor to prevent the instructors or members of a duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as an instructor in military science and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for wear by such instructors and members of such cadet corps; nor to prevent civilians attendant upon a course of military or naval instruction authorized by the military or naval authorities of the United States from wearing, while in attendance upon such a course, the uniform authorized and prescribed by such military authorities during such course of instruction; nor to prevent any person from wearing the uniform of the United States Armed Forces in any playhouse or theater or in a moving picture film, while actually engaged in portraying therein a military or naval character not tending to bring discredit upon the United States Armed Forces; provided further, that the uniform worn by officers and enlisted men of the National Guard or by members of the military societies or the instructors and members of the cadet corps referred to above shall include the distinctive mark or insignia prescribed by the Secretary of Defense to distinguish such uniform from the uniform of the United States Armed Forces; and provided further, that nothing in this chapter shall prohibit the uniformed rank of fraternal societies parading or traveling in a body or assembling in a lodge room; provided further, that whenever the National Guard or a part thereof is in active service, no fraternal organization or members thereof shall parade or appear in uniform in the locality where the National Guard is in service; and, provided further, that this section shall not apply to cadets or Boy Scouts. Any person who violates any provision of this section is guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than $10.00 nor more than $250.00, or by imprisonment in the county jail for a period not exceeding 60 days, or by both fine and imprisonment.
Ala. Code § 31-2A-72 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-72
Section 31-2A-72 (Article 72.) Vacation of Suspension
Status: in_force

(a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.

(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.

(c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Ala. Code § 31-13-5 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-5
Section 31-13-5 Enforcement of and Compliance with Federal Immigration Laws; Information Relating to Immigration Status; Violations; Penalties
Status: in_force

(a) No official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may adopt a policy or practice that limits or restricts the enforcement of federal immigration laws by limiting communication between its officers and federal immigration officials in violation of 8 U.S.C. § 1373 or 8 U.S.C. § 1644, or that restricts its officers in the enforcement of this chapter. If, in the judgment of the Attorney General of Alabama, an official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court in this state, is in violation of this subsection, the Attorney General shall report any violation of this subsection to the Governor and the state Comptroller and that agency or political subdivision shall not be eligible to receive any funds, grants, or appropriations from the State of Alabama until such violation has ceased and the Attorney General has so certified. Any appeal of the determination of the Attorney General as considered in this section shall be first appealed to the circuit court of the respective jurisdiction in which the alleged offending agency resides.

(b) All state officials, agencies, and personnel, including, but not limited to, an officer of a court of this state, shall fully comply with and, to the full extent permitted by law, support the enforcement of federal law prohibiting the entry into, presence, or residence in the United States of aliens in violation of federal immigration law.

(c) Except as provided by federal law, officials or agencies of this state or any political subdivision thereof, including, but not limited to, an officer of a court of this state, may not be prohibited or in any way be restricted from sending, receiving, or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state, or local governmental entity for any of the following official purposes:

(1) Determining the eligibility for any public benefit, service, or license provided by any state, local, or other political subdivision of this state.

(2) Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding of this state.

(3) Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644.

(d) A person who is a United States citizen or an alien who is lawfully present in the United States and is a resident of this state may file a petition with the appropriate local district attorney or the Attorney General requesting that he or she bring an action in circuit court to challenge any official or head of an agency of this state or political subdivision thereof, including, but not limited to, an officer of a court in this state, that adopts or implements a policy or practice that is in violation of 8 U.S.C. § 1373 or 8 U.S.C. § 1644. If the district attorney or the Attorney General elects to not bring an action, he or she shall publicly state in writing the justification for such a decision. A district attorney or the Attorney General must either bring an action or publicly state why no action was brought within 90 days of receiving a petition. The petition must be signed under oath and under penalty of perjury, and must allege with specificity any alleged violations. The district attorney or the Attorney General shall give the official or head of an agency, including, but not limited to, an officer of a court of this state, 30 days’ notice of his or her intent to file such an action. If there is a judicial finding that an official or head of an agency, including, but not limited to, an officer of a court in this state, has violated this section, the court shall order that the officer, official, or head of an agency pay a civil penalty of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each day that the policy or practice has remained in effect after the filing of an action pursuant to this section.

(e) A court shall collect the civil penalty prescribed in subsection (d) and remit one half of the civil penalty to the Alabama Department of Homeland Security and the second half shall be remitted to the Alabama State Law Enforcement Agency.

(f) Every person working for the State of Alabama or a political subdivision thereof, including, but not limited to, a law enforcement agency in the State of Alabama or a political subdivision thereof, shall have a duty to report violations of this section of which the person has knowledge. Any person who willfully fails to report any violation of this section when the person knows that this section is being violated shall be guilty of obstructing governmental operations as defined in Section 13A-10-2.

(g) For the purposes of this section, the term official or head of an agency of this state shall not include a law enforcement officer or personnel employed in a jail acting within the line and scope of his or her duty, except for a sheriff, a chief of police, or the head of any law enforcement agency.

(h) For the purposes of this section, any proceedings against an official shall be only in his or her official capacity. For the purposes of this section, the relevant statute of repose for assessing penalties shall be no more than 30 days prior to the initial allegation of the violations of this section.

(i) For the purposes of this section, the term “officer of the court” shall not be interpreted to interfere with the relationship between an attorney and his or her client.
Ala. Code § 31-2-16 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-16
Section 31-2-16 Per Diem of Officers or Enlisted Men Under Military Travel Orders
Status: in_force

Any officer or enlisted man of the armed forces of the state detailed for duty by the Governor and while performing such duty under travel orders by the Governor or the Adjutant General, shall be paid the same amount of per diem as a federal active duty officer or enlisted man would be allowed.
Ala. Code § 31-3-5 — Alabama Code / Title 31 / Chapter 3 / Section 31-3-5
Section 31-3-5 Limitation on Time for Presentation of Claims; Rules of Evidence and Procedure for Determination of Claims Generally
Status: in_force

(a) All claims for compensation as provided in this chapter shall be presented to the awarding authority within one year from the date of the death of the Alabama national guardsman on whom the claimant was dependent; otherwise, they are forfeited. All such claims shall be presented in the form prescribed by the awarding authority. Proof of the facts and circumstances of the Alabama national guardsman’s death and the claimant’s relationship to and dependence upon such guardsman shall be made in the manner prescribed by the awarding authority.

(b) The awarding authority is hereby authorized to prescribe such forms and adopt such rules of evidence and procedure as it deems necessary or proper, not inconsistent with the provisions of this chapter, for the proper determination of all claims for compensation under this chapter.
Ala. Code § 31-6-10 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-10
Section 31-6-10 Application for Benefits; Determination and Certification of Eligibility
Status: in_force

All applications for benefits accruing under this chapter must be made to the State Department of Veterans’ Affairs. The State Service Commissioner, or any official of the department designated by him, is hereby charged with the responsibility and duty of determining the eligibility of each applicant for the benefits under this chapter; provided, however, that such determination of eligibility shall be based upon the findings of the United States Veterans’ Administration in addition to other proofs and records required under this chapter. The State Service Commissioner shall cause the State Department of Veterans’ Affairs to issue a certificate of eligibility and entitlement in behalf of each applicant who may be determined by him to be entitled to the benefits.
Ala. Code § 31-2-23 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-23
Section 31-2-23 Arms, Equipment, Etc., to Be Deposited in Armories, Etc
Status: in_force

All arms, equipment, and ordnance stores which shall be furnished to the several commands under the provisions of this chapter shall be deposited in the armories, headquarters or grounds of the commands for safekeeping.
Ala. Code § 31-13-21 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-21
Section 31-13-21 Employment of State Law Enforcement Officers by Alabama Department of Homeland Security
Status: in_force

(a) Notwithstanding Section 31-9A-9, the Alabama Department of Homeland Security may hire, appoint, and maintain APOST certified state law enforcement officers. Such officers shall receive the same rights and benefits as those prescribed to officers of the Alabama State Law Enforcement Agency, except for the purposes of retirement. The officers shall have the same retirement benefits as a law enforcement officer as defined under Section 36-27-59.

(b) Unless a violation of state law occurs in their presence, officers authorized under this section shall not engage in routine law enforcement activity, except for those investigative and analytical duties necessary to carry out the enforcement of this chapter and to fulfill the mission of the Alabama Department of Homeland Security or those duties necessary to provide assistance to other law enforcement agencies.

(c) The Director of the Alabama Department of Homeland Security shall have the authority to promulgate rules for the enforcement of this chapter.
Ala. Code § 31-2C-1 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-1
Section 31-2C-1 Purpose of Chapter
Status: in_force

This chapter provides policies, roles, responsibilities, and procedures for the Alabama National Guard Legal Assistance Program. This chapter shall not be construed to create any substantive or procedural right against this state or the United States, or any agencies or officers thereof, or any other person.
Ala. Code § 31-2A-76 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-76
Section 31-2A-76 (Article 76.) Finality of Proceedings, Findings, and Sentences
Status: in_force

The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in Section 31-2A-73 (Article 73) and to action under Section 31-2A-74 (Article 74).
Ala. Code § 31-2-77 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-77
Section 31-2-77 Service Medals and Decorations Authorized for Wear with National Guard and Naval Militia Uniforms
Status: in_force

All service medals and decorations awarded for service in the United States Armed Forces, and authorized to be worn with the uniform of the United States Armed Forces, are authorized for the uniform of the National Guard and Naval Militia of Alabama on occasions prescribed for officers of the United States Armed Forces; provided, that the following state medals and decorations are authorized for wear with the uniform of the National Guard and Naval Militia of the State of Alabama: State service medals authorized in this chapter; medals and decorations awarded by recognized patriotic organizations such as are associated with the service of Revolutionary War ancestry; the War of 1812; the Mexican War; the Civil War, both confederate and federal service; the Spanish American War; the World Wars, 1917-1918, 1941-1945; Korea; Viet Nam; and such other medals and decorations as may be recommended by the Military Advisory Board of the State and approved by the Governor; provided further, that only one service medal or similar insignia each, for the United States or state, shall be worn for any one war. This provision shall not apply to decorations of the state or the United States, or foreign decorations, the award of which has been approved by the state and the United States, that are subjects of individual citations, such as the Medal of Honor, the Distinguished Service Cross, the Distinguished Service Medal, the French Croix de Guerre, and similar decorations.
Ala. Code § 31-2-37 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-37
Section 31-2-37 Annual Encampments or Cruises
Status: in_force

Subject to the restrictions of the National Defense Act and other federal laws governing the armed forces, the Governor may annually order into the service of the state the whole or such portion of the armed forces of the state as he may deem proper, the period of such service to be fixed by the Governor subject to the restrictions mentioned above. When ordered into the service of the state, when rations are not furnished by the United States government, the state shall furnish rations for the officers, warrant officers, and men, of the same quality as rations furnished the Armed Forces of the United States, and pay such other expenses of the encampment or cruise as the Governor may deem proper, including the traveling expenses of officers, warrant officers, and enlisted men incurred in obeying such orders, when such expenses are not paid by the government of the United States.
Ala. Code § 31-2-103 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-103
Section 31-2-103 Courts-Martial for Members of National Guard - Review of Findings and Sentence by Governor; Approval of Governor Prerequisite to Execution of Sentence; Presumption of Jurisdiction and Legality of Proceedings
Status: reserved

Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
Ala. Code § 31-2B-6 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-6
Section 31-2B-6 Duties of Deputy General Counsel. (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.

The Deputy General Counsel shall do all of the following:

(1) Serve as director for the Legal Services Office, including military justice, legal assistance, administrative law, contract and fiscal law, and any other services as determined and delegated by a State Staff Judge Advocate or the Office of General Counsel.

(2) Coordinate and provide support for all legal services throughout the Alabama National Guard and the State Military Department under the direction of the State Staff Judge Advocates and the Office of General Counsel.

(3) Coordinate and support the Alabama National Guard Army Soldier Readiness Program.

(4) Coordinate and provide support for all legal services training in the Alabama National Guard.

(5) Coordinate and supervise all Alabama National Guard preventative law publications.

(6) Provide advice and counsel to Alabama National Guard SAPR/IPP Offices.

(7) Compile and publish the Alabama National Guard Legal Services Manual upon approval by the State Staff Judge Advocates.
Ala. Code § 31-9-17 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-17
Section 31-9-17 Exemption from Tort Liability of Persons Granting License or Privilege for Use of Real Estate, Etc., for Shelters
Status: in_force

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual disaster or an actual, impending, mock, or practice attack, shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises, or for the loss of, or damage to, the property of such person.
Ala. Code § 31-14-5 — Alabama Code / Title 31 / Chapter 14 / Section 31-14-5
Section 31-14-5 Award of Funds; Monitoring of Expenditures; Delegation of Powers
Status: in_force

(a) The commission shall distribute monies from the program to recipients which submit acceptable plans for the retention or expansion of military installations, as further provided in this section.

(b) In order for a recipient to be eligible to obtain monies from the program, a recipient shall submit to the commission, on forms provided by the commission, all of the following:

(1) Materials tending to show that a local area would be affected by realignment or closure of a military installation.

(2) A plan to expend monies from local sources for public projects necessary to protect the interests of the area with respect to realignment or closure of such military installation.

(3) A certificate from at least one local governmental entity stating that the entity believes the submission by a potential recipient to be true and accurate if the recipient is not itself a local governmental entity.

(c) The commission shall consider the documentation provided pursuant to subsection (b) and award funds as it deems appropriate.

(d) The commission shall monitor expenditures made pursuant to this section to ensure compliance with this chapter. Misuse of funds of the program by a recipient shall be a factor in determining any future award to the recipient or any local governmental entity which issued a certificate in support of the recipient as provided in subdivision (3) of subsection (b).

(e) The commission may delegate any powers granted to it under this section to the foundation.
Ala. Code § 31-2C-15 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-15
Section 31-2C-15 Performance of Notarial Acts
Status: in_force

(a) Judge advocates and paralegals while performing duties under Title 10 or Title 32, United States Code, may perform notarial acts, pursuant to 10 U.S.C. § 1044a, or if qualified as a notary public under state law.

(b) Pursuant to 10 U.S.C. § 1044a, judge advocates, even when not in a duty status, have the general powers of a notary public in the performance of all notarial acts.

(c) Pursuant to 10 U.S.C. § 1044a(b)(4), Alabama National Guard paralegals have the general powers of a notary public in the performance of all notarial acts, even when in a non-duty status.

(d) Judge advocates and paralegals may use a seal or stamp citing the authority under 10 U.S.C. § 1044a when performing notarial acts.

(e) The cost of a state notary public commission, if required by a State Staff Judge Advocate, may be reimbursed upon his or her approval.

(f) Civilian employee notaries may perform these services within the limits of the commission under the rules for the jurisdiction. No fees may be charged for these notary services.
Ala. Code § 31-9C-6 — Alabama Code / Title 31 / Chapter 9C / Section 31-9C-6
Section 31-9C-6 Legislative Intent
Status: in_force

It is the intent of the Legislature that all state entities and agencies make available for the purposes of this chapter all publicly owned communication towers, microwave or fiber optic lines, shelters, transmission frequencies, and other related properties and facilities. In addition, any county or municipal government or agency may, at its discretion, make its similar facilities and properties available or those provided by local emergency communication districts.
Ala. Code § 31-2A-12 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-12
Section 31-2A-12 (Article 12.) Confinement with Enemy Prisoners Prohibited
Status: in_force

No member of the Alabama National Guard may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the Armed Forces. This section does not preclude an Alabama National Guard service member from being confined in a state, county, or municipal jail or detention facility that may also house illegal immigrants, immigrants, or foreign nationals within the same facility or holding cell.
Ala. Code § 31-10-25 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-25
Section 31-10-25 Tuition Benefits; Appropriation of Funds
Status: reserved

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

The Alabama Commission on Higher Education shall serve as fiscal agent. Each institution shall submit to the Alabama Commission on Higher Education a copy of the guard member’s completed application which shall serve as a basis of payment. Neither ACHE nor the public institutions shall pay nor be held responsible for tuition benefits to otherwise eligible students in the Alabama National Guard Education Assistance Program which are in excess of available appropriations. The tuition benefits of this program shall be mandated only to the extent that funds are appropriated by the Legislature for the program.
Ala. Code § 31-8-11 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-11
Section 31-8-11 Disposition of Rejected Applications
Status: in_force

All applications rejected by the State Department of Human Resources shall be entered upon a permanent record with reasons for such rejection, and the original application and all papers connected therewith shall be returned to the county department of human resources, which shall file them for permanent preservation and reference.
Ala. Code § 31-13-31 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-31
Section 31-13-31 Defense of Law Enforcement Officers in Enforcement of Chapter
Status: in_force

(a) The Legislature finds that the United States Department of Justice has unnecessarily and recklessly threatened Alabama law enforcement officers with personal law suits if the officer appears to make what the Department of Justice deems a misstep in enforcing the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.

(b) Because of this finding, it is necessary for the Legislature to defend Alabama law enforcement officers against federal overreach.

(c) If the Attorney General of Alabama deems that an Alabama law enforcement officer performed his or her duties enforcing Act 2011-535 according to accepted standards of Alabama law enforcement, the state shall defend the law enforcement officer against actions brought personally against the officer by the United States Department of Justice.
Ala. Code § 31-13-3 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-3
Section 31-13-3 Definitions
Status: in_force

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

(1) ALIEN. Any individual who is not a citizen or national of the United States, as described in 8 U.S.C. § 1101 et seq., and any amendments thereto.

(2) BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit. Business entity shall include, but not be limited to, the following:

a. Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State.

b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state, any business entity that is exempt by law from obtaining such a business license, and any business entity that is operating unlawfully without a business license.

(3) CONTRACTOR. A person, employer, or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration. The term includes, but is not limited to, a general contractor, subcontractor, independent contractor, contract employee, project manager, or a recruiting or staffing entity.

(4) EMPLOYEE. Any person directed, allowed, or permitted to perform labor or service of any kind by an employer. The employees of an independent contractor working for a business entity shall not be regarded as the employees of the business entity, for the purposes of this chapter. This term does not include any inmate in the legal custody of the state, a county, or a municipality.

(5) EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. The term does not include the occupant of a household contracting with another person to perform casual domestic labor within the household.

(6) EMPLOYMENT. The act of employing or state of being employed, engaged, or hired to perform work or service of any kind or character within the State of Alabama, including any job, task, work, labor, personal services, or any other activity for which compensation is provided, expected, or due, including, but not limited to, all activities conducted by a business entity or employer. This term does not include casual domestic labor performed in a household on behalf of the occupant of the household or the relationship between a contractor and the employees of a subcontractor performing work for the contractor.

(7) E-VERIFY. The electronic verification of federal employment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. § 1324a, and operated by the United States Department of Homeland Security, or its successor program.

(8) FEDERAL WORK AUTHORIZATION PROGRAM. Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603 or the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. § 1324a.

(9) ILLEGAL ALIEN. An alien who is not lawfully present in the United States under any federal law, regulation, order, or directive.

(10) KNOWS or KNOWINGLY. A person acts knowingly or with knowledge with respect to either of the following:

a. The person’s conduct or to attendant circumstances when the person is aware of the nature of the person’s conduct or that those circumstances exist.

b. A result of the person’s conduct when the person is reasonably aware that the person’s conduct is likely to cause that result.

(11) LAWFUL PRESENCE or LAWFULLY PRESENT. An individual shall be regarded as an illegal alien only if the individual’s unlawful immigration status has been verified by the federal government pursuant to 8 U.S.C. § 1373(c). No officer of this state or any political subdivision of this state shall attempt to independently make a final determination of an alien’s immigration status. An alien possessing self-identification in any of the following forms is entitled to the presumption that he or she is an alien lawfully present in the United States:

a. A valid, unexpired Alabama driver license.

b. A valid, unexpired Alabama nondriver identification card.

c. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.

d. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, including a valid Uniformed Services Privileges and Identification Card if issued by an entity that requires proof of lawful presence in the United States before issuance.

e. A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

f. A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States.

(12) POLICY OR PRACTICE. A guiding principle or rule that may be written or adopted through repeated actions or customs.

(13) PROTECTIVE SERVICES PROVIDER. A child protective services worker; adult protective services worker; protective services provider; or provider of services to victims of domestic violence, stalking, sexual assault, or human trafficking that receives federal grants under the Victim of Crime Act, the Violence Against Women Act, or the Family Violence Prevention and Services Act.

(14) PUBLIC EMPLOYER. Every department, agency, or instrumentality of the state or a political subdivision of the state including counties and municipalities.

(15) STATE-FUNDED ENTITY. Any governmental entity of the state or a political subdivision thereof or any other entity that receives any monies from the state or a political subdivision thereof; provided, however, an entity that merely provides a service or a product to any governmental entity of the state or a political subdivision thereof, and receives compensation for the same, shall not be considered a state-funded entity.

(16) SUBCONTRACTOR. A person, business entity, or employer who is awarded a portion of an existing contract by a contractor, regardless of its tier.

(17) UNAUTHORIZED ALIEN. An alien who is not authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3).”
Ala. Code § 31-9-18 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-18
Section 31-9-18 Governor, Etc., May Accept Services, Etc., from Federal Government, Private Persons, Etc
Status: in_force

(a) Whenever the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, acting through the Governor, or such political subdivision acting through its governing body may accept such offer, and upon such acceptance the Governor of the state or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision.

(b) Whenever any person, firm, or corporation shall offer to the state, or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the state, acting through the Governor, or such political subdivision acting through its governing body may accept such offer and upon such acceptance the Governor of the state or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision.
Ala. Code § 31-11-2 — Alabama Code / Title 31 / Chapter 11 / Section 31-11-2
Section 31-11-2 National Guard Mutual Assistance Counter-Drug Activities Compact
Status: in_force

The National Guard Mutual Assistance Counter-Drug Activities Compact is enacted into law and entered with all other jurisdictions mutually adopting the compact in the form substantially as follows:

NATIONAL GUARD MUTUAL ASSISTANCE COUNTER-DRUG ACTIVITIES COMPACT

ARTICLE I

As used in this compact, the following words shall have the following meanings:

1. DEMAND REDUCTION. Providing available National Guard personnel, equipment, support, and coordination to federal, state, local and civil organizations, institutions, and agencies for the purposes of the prevention of drug abuse and the reduction in the demand for illegal drugs.

2. DRUG INTERDICTION AND COUNTER-DRUG COMPACT ACTIVITIES. The use of National Guard personnel, while not in federal service, in any law enforcement support compact activities that are intended to reduce the supply or use of illegal drugs in the United States. These compact activities include, but are not limited to the following:

(a) Providing information obtained during either the normal course of military training or operations or during counter-drug compact activities to federal, state, or local law enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of the officials.

(b) Making available any equipment including associated supplies or spare parts, base facilities, or research facilities of the National Guard to any federal, state or local civilian law enforcement official for law enforcement purposes, in accordance with other applicable law or regulation.

(c) Providing available National Guard personnel to train federal, state, or local civilian law enforcement officials in the operation and maintenance of equipment, including equipment made available above, in accordance with other applicable law.

(d) Providing available National Guard personnel to operate and maintain equipment provided to federal, state or local law enforcement officials pursuant to compact activities defined and referred to in this compact.

(e) Operation and maintenance of equipment and facilities of the National Guard or law enforcement agencies used for the purposes of drug interdiction and counter-drug compact activities.

(f) Providing available National Guard personnel operated equipment for the detection, monitoring, and communication of the movement of air, land, and sea traffic, to facilitate communications in connection with law enforcement programs, to provide transportation for civilian law enforcement personnel and to operate bases of operations for civilian law enforcement personnel.

(g) Providing available National Guard personnel, equipment, and support for administrative, interpretive, analytic, or other purposes.

(h) Providing available National Guard personnel and equipment to aid federal, state, and local officials and agencies otherwise involved in the prosecution or incarceration of individuals processed within the criminal justice system who have been arrested for criminal acts involving the use, distribution or transportation of controlled substances as defined in 21 U.S.C. 801 et seq., or in accordance with other laws.

3. LAW ENFORCEMENT AGENCY. A lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs, or controlled substances law.

4. MUTUAL ASSISTANCE AND SUPPORT AGREEMENT or AGREEMENT. An agreement between the National Guard of this state and one or more law enforcement agencies or between the National Guard of this state and the National Guard of other states, consistent with the purposes of this compact.

5. OFFICIAL. The appointed, elected, designated, or otherwise duly selected representative of an agency, institution, or organization authorized to conduct those compact activities for which support is requested.

6. PARTY STATE. A state that has lawfully enacted this or a substantially similar compact.

7. RESPONDING STATE. The state furnishing assistance, or requested to furnish assistance, in the area of counter-drug activities.

8. REQUESTING STATE. The state whose Governor requested assistance in the area of counter-drug activities.

9. STATE. The several states within the borders of the continental United States and the District of Columbia.

ARTICLE II

The purpose of this compact is to provide the following:

1. Provide for mutual assistance and support among the party states in the utilization of the National Guard in drug interdiction, counter-drug and demand reduction activities.

2. Permit the National Guard of this state to enter into mutual assistance and support agreements, on the basis of need, with one or more law enforcement agencies operating within this state, for activities within this state, or with a National Guard of other states, whether the activities are within or without this state, in order to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counter-drug activities, and demand reduction.

3. Permit the National Guard of this state to act as a receiving and a responding state, as defined within this compact, and ensure the prompt and effective delivery of National Guard personnel, assets, and services to agencies or areas that are in need of increased support and presence.

4. Permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency.

5. Maximize the effectiveness of the National Guard in those situations which call for its utilization under this compact.

6. Provide protection for the rights of National Guard personnel when performing duty in other states in counter-drug activities.

7. Ensure uniformity of state laws in the area of National Guard involvement in interstate counter-drug activities by incorporating uniform laws within the compact.

ARTICLE III

This compact shall enter into force when any two states enact into law this or a substantially similar compact; hereafter, this compact shall become effective as to any other state that enacts this or a substantially similar compact.

This compact shall not prevent the Alabama National Guard from engaging in interstate counter-drug activities with non-party states upon the request of the non-party state.

ARTICLE IV

Upon the request of a Governor of a party state for assistance in the area of drug interdiction, counter-drug and demand reduction activities, the Governor of a responding state shall have authority under this compact to send outside the borders of his or her state and place under the temporary operational control of the appropriate National Guard or other military authorities of the requesting state, for the purposes of providing the requested assistance, all or any part of the National Guard forces of his or her state as he or she may deem necessary, and the exercise of his or her discretion in this regard shall be conclusive.

The Governor of a party state may, within his or her discretion, withhold the National Guard forces of his or her state from use and recall any forces or part or member previously deployed in a requesting state.

The National Guard of this state is authorized to engage in counter-drug compact activities and demand reduction.

Members of the National Guard forces of any party state which are engaged in the performance of duties in the area of drug interdiction, counter-drug, and demand reduction activities, pursuant to orders, shall not be held personally liable for any acts or omissions which occur during the performance of their duty.

ARTICLE V

This compact shall not be construed as a waiver of any benefits, privileges, immunities, or rights otherwise provided to National Guard personnel performing duty pursuant to Title 32, of the United States Code nor shall anything in this compact be construed as a waiver of coverage provided for under the Federal Tort Claims Compact. In the event that National Guard personnel performing counter-drug activities do not receive rights, benefits, privileges, and immunities otherwise provided for National Guard personnel as stated above, the following shall apply:

(1) Members of National Guard forces of any responding state that are engaged in another state in carrying out the purposes of this compact shall have the same powers, duties, rights, privileges, and immunities as members of National Guard forces of the requesting state. The requesting state shall save and hold members of the National Guard forces of responding states harmless from civil liability except as otherwise provided in this compact, for acts or omissions which occur in the performance of their duty while the responding forces are serving the requesting state within the borders of the responding state or are attached to the requesting state for purposes of operational control.

(2) Subject to subdivisions (3), (4), and (5) of this article, all liability that may arise under the laws of the requesting state or the responding states, on account of or in connection with a request for assistance or support, shall be assumed and borne by the requesting state.

(3) Any responding state rendering aid or assistance pursuant to this compact shall be reimbursed by the requesting state for any loss of or damage to or expense incurred in the operation of any equipment answering a request for aid, and for the cost of the materials, transportation, and maintenance of National Guard personnel and equipment incurred in connection with the request, provided that this compact shall not prevent any responding state from assuming the loss, damage, expense, or other cost.

(4) Unless there is a written agreement to the contrary, each party shall provide, in the same amounts and manner as if they were on duty within their state, for pay and allowances of the personnel of its National Guard units while engaged without the state pursuant to this compact and while going to and returning from duty pursuant to this compact.

(5) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of the National Guard forces in case its members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in the event the members sustain injury or are killed while rendering assistance or support pursuant to this compact. The benefits and compensation shall be deemed items of expense reimbursable pursuant to subdivision (3) of this article.

ARTICLE VI

This compact shall not be construed to prevent the Governor of a party state from delegating any of his or her responsibility or authority respecting the National Guard, provided that the delegation is in accordance with law; for purposes of this compact, however, the Governor shall not delegate the power to request assistance from another state.

ARTICLE VII

This compact shall not be construed to authorize any of the following:

(1) Authorize or permit National Guard units or personnel to be placed under the operational control of any person not having the National Guard rank or status required by law for the command in question.

(2) Deprive a properly convened court of jurisdiction over an offense or a defendant merely because the National Guard, while performing duties pursuant to this compact, was utilized in achieving an arrest or indictment.

(3) Authorize the National Guard to directly engage in law enforcement activities. However, the National Guard may indirectly support law enforcement activities conducted by an appropriate law enforcement agency.

ARTICLE VIII

This compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of the United States or any state or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
Ala. Code § 31-2-133 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-133
Section 31-2-133 Special Appropriations for National Guard in Active Military Service of State
Status: in_force

In addition to the moneys to be appropriated for the purpose stated in Section 31-2-132, there shall be appropriated by the Legislature at each of its regular sessions, or such other sessions as conditions may require, out of the moneys not otherwise appropriated, such sum as may be necessary for pay, allowances, subsistence, shelter, travel, and other necessary expenses of the National Guard called into the active military service of the state for the purpose of enforcement of the law, preservation of peace, for the security of lives of citizens, for aid and relief of citizens in case of disaster, for the protection of property, and for such other purposes as the Governor may, for specific reasons, designate as in the active military or naval service of the state. The disbursement of all funds appropriated for the purpose of carrying out the provisions of this chapter shall be with the approval of the Governor, under such rules and regulations as the Adjutant General may prescribe.
Ala. Code § 31-2A-105 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-105
Section 31-2A-105 (Article 105.) Misconduct as Prisoner
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-2-120 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-120
Section 31-2-120 Protection of National Guard Troops, Etc., from Assault, Etc
Status: in_force

If any portion of the National Guard, or persons lawfully aiding them in the performance of any duty under the provisions of this chapter, are assaulted, attacked, or are in imminent danger thereof, the commanding officer of such National Guard need not await any orders from any civil magistrate, but may at once proceed to quell such attack, and take all other needful steps for the safety of his command or persons lawfully aiding them in the performance of any duty.
Ala. Code § 31-2-110 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-110
Section 31-2-110 Ordering Out of Troops - Restrictions
Status: in_force

No portion of the National Guard of Alabama shall be called into service, or be used in the enforcement of the laws of the state, without the authority of the Governor, except in those cases authorized by this chapter.
Ala. Code § 31-2-34 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-34
Section 31-2-34 Proceedings When Member of Armed Forces Unable to Account for Property or Money
Status: in_force

Whenever it is ascertained by the Adjutant General of the state or the United States property and fiscal officer or the state property and disbursing officer of the National Guard of Alabama, that any member of the armed forces of the state is unable properly to account for all property and money for which he is accountable and responsible he shall give immediate notice thereof to the Attorney General of the state for action against such person and his bondsman, if applicable, and the Attorney General is hereby authorized and required to bring such action.
Ala. Code § 31-2-123 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-123
Section 31-2-123 Commanders of National Guard Troops May Prescribe Boundaries Around Jails, Public Buildings, Etc., from Which Public Excluded
Status: in_force

The commander of any body of National Guard troops guarding any jail, public building, or other place, or escorting any prisoner may, if he deems it advisable, prescribe a reasonable distance in the vicinity of such jail, public building, or other place, or escort of such prisoner within which persons shall not come, and any person knowingly and wilfully, without lawful excuse, coming within such limits without the permission of such officer, and refusing to retire after being ordered to do so, shall be deemed guilty of a misdemeanor, and any person so coming and remaining in such limits in the nighttime is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one nor more than two years. In either case, it shall be the duty of the officer commanding such National Guard troops forthwith to arrest persons thus offending, and turn them over to some civil magistrate.
Ala. Code § 31-6-2 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-2
Section 31-6-2 Definitions
Status: in_force

For the purposes of this chapter, the following terms have the meanings ascribed to them by this section:

(1) ARMED FORCES. Includes the United States Army, Air Force, Navy, Marine Corps, Space Force, and Coast Guard.

(2) COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES. Has the same meaning as in 20 U.S.C. § 1140.

(3) QUALIFYING PRIVATE SCHOOL. Any regionally accredited private two-year or four-year institution of higher education physically located in the state that receives a direct appropriation from the state or whose resident students may receive appropriations from the state through the Alabama Student Grant Program.

(4) QUALIFYING SCHOOL. An institution that is either a qualifying state school or a qualifying private school as defined by this chapter.

(5) QUALIFYING STATE SCHOOL. An Alabama public two-year or four-year institution of higher education.

(6) SPOUSE. Husband or wife.

(7) TUITION. Fees for instruction.

(8) TUITION AND FEES. All fees known and classed as instructional fees.

(9) WIDOW. An individual whose spouse is deceased and who has not remarried.
Ala. Code § 31-2A-24 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-24
Section 31-2A-24 (Article 24.) Who May Convene Summary Court-Martial
Status: in_force

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

(1) Any person who may convene a general or special courts-martial.

(2) The commanding officer of a battalion, or corresponding unit of the Army.

(3) The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force.

(4) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.

(b) When only one commissioned officer is present with a command or detachment that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary courts-martial cases. Summary court-martial, however, may be convened in any case by superior competent authority if considered desirable by the authority.
Ala. Code § 31-2-38 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-38
Section 31-2-38 When Officers, Enlisted Men, Etc., Deemed to Be “In the Active Military or Naval Service of the State.”
Status: in_force

The armed forces of the state ordered into the service of the state for the enforcement of the law, the preservation of the peace, or for the security of the rights and lives of citizens or protection of property in aid and relief of citizens in disaster, or any similar duty, or any other service that the Governor may for specific reasons so designate, shall be deemed to be in the active military or naval service of the state. Officers, warrant officers, and enlisted personnel employed under orders of the Governor or of the Adjutant General in recruiting, making tours of instruction, inspection of troops, armories, storehouses, campsites, rifle ranges, and military property, sitting on general, special, and summary courts-martial and deck courts, boards of examination, courts of inquiry, or boards of officers making and assisting in physical examinations shall be deemed to be in the active military or naval service of the state when it is so specified in orders. Orders shall specify in every case if pay is to be allowed and what expenses incident to travel are authorized. In the discretion of the Governor, ordered armory drills and other military or naval exercises and training, and periods of annual field training or annual cruises ordered and authorized by competent authority, may be construed as “in the active military or naval service of the state,” but only if such duty is paid for solely from state funds and no federal funds are used.
Ala. Code § 31-2-49 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-49
Section 31-2-49 Draft of Unorganized Militia
Status: in_force

If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county or city who are to make the draft and prescribe rules and regulations for conducting the same, which shall conform as nearly as possible to the selective service machinery that is now or may hereafter be provided for by the government of the United States in a national crisis.
Ala. Code § 31-9C-1 — Alabama Code / Title 31 / Chapter 9C / Section 31-9C-1
Section 31-9C-1 Definitions
Status: in_force

When used in this chapter, the following words shall have the following meanings:

(1) COMMISSION. The Alabama First Responder Wireless Commission.

(2) FUND. The First Responder Wireless Commission Fund.

(3) SYSTEM. The statewide wireless communications system established and administered by the Alabama First Responder Wireless Commission.
Ala. Code § 31-2A-5 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-5
Section 31-2A-5 (Article 5.) Territorial Applicability of the Code
Status: in_force

(a) This code has applicability at all times and in all places, provided that either the person subject to the code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.

(b) Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.

(c) A trial of any offense subject to prosecution under this section may be convened in any county in the state.
Ala. Code § 31-2-29 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-29
Section 31-2-29 Wilful or Malicious Destruction, Etc., of Military Property
Status: in_force

Whoever shall wilfully or maliciously destroy, injure, or deface any arms or articles of military property belonging to the United States or the State of Alabama shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding double the value of the property so injured or defaced, or may be imprisoned in jail for not more than one year, either or both.
Ala. Code § 31-2A-70 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-70
Section 31-2A-70 (Article 70.) Appellate Counsel
Status: in_force

(a) The senior judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in Section 31-2A-67 (Article 67) and before any federal court when requested to do so by the state Attorney General.

(b) Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.

(c) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.

(d) Upon the request of an accused entitled to be so represented, the regional defense counsel shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c).

(e) An accused may be represented by civilian appellate counsel at no expense to the state.
Ala. Code § 31-2A-60 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-60
Section 31-2A-60 (Article 60.) Action by the Convening Authority
Status: in_force

(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.

(b)(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any submission shall be in writing. Except in a summary court-martial case, a submission shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate under subsection (d). In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced.

(2) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this article, for good cause, may extend the applicable period under subdivision (1) for up to an additional 60 days as determined by the convening authority or person taking action under this article.

(3) In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by subdivision (1).

(4) The accused may waive the right to make a submission to the convening authority under subdivision (1). A waiver must be made in writing and may not be revoked. For the purposes of subdivision (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority.

(c)(1) The authority under this article to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general courts-martial jurisdiction who may take action under this article.

(2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this article. Such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in that person’s sole discretion may approve, disapprove, commute, or suspend the sentence in whole or in part.

(3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person’s sole discretion may do any of the following:

a. Dismiss any charge or specification by setting aside a finding of guilty thereto.

b. Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

c. Set aside a reduction in rank and pay grade, even if the convening authority does not aside, remit, or reduce the confinement adjudged by the court-martial.

(d) Before acting under this article on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action under this article shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action under this article shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.

(e)(1) The convening authority or other person taking action under this article, in the person’s sole discretion, may order a proceeding in revision or a rehearing.

(2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision do any of the following:

a. Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty.

b. Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this code.

c. Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

(3) A rehearing may be ordered by the convening authority or other person taking action under this article if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this subsection disapproves the sentence.
Ala. Code § 31-2A-48 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-48
Section 31-2A-48 (Article 48.) Contempt
Status: in_force

A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. A person subject to this code may be punished for contempt by confinement not to exceed five days or a fine of one hundred dollars ($100), or both. A person not subject to this code may be punished for contempt by a military court in the same manner as a criminal court of the state.
Ala. Code § 31-12-5 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-5
Section 31-12-5 Compensation for State Employees, Etc., Called into Active Duty
Status: in_force

In addition to any other benefits provided in this chapter, any state employee or any employee of a public educational entity in this state who is called into active service in any of the Armed Forces of the United States during the war on terrorism which commenced in September 2001, shall receive from his or her employer department or agency compensation in an amount which is equal to the difference between the lower active duty military pay and the higher public salary which he or she would have continued to receive if not called to active service. The amount of compensation required to be paid to an employee called into active service under this section shall be paid for the duration of the active military service, the length of which shall be determined by the Adjutant General of the Alabama National Guard, from the date of activation and shall be paid from funds appropriated to the employer. The provisions of this section shall be construed to provide for such payments retroactive to September 11, 2001, if applicable.
Ala. Code § 31-9A-7 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-7
Section 31-9A-7 Authority to Establish Personnel Policies; Salary Schedules; Employ Various Persons
Status: in_force

(a) The director may establish personnel policies and salary schedules for all employees of the department. The director may appoint assistant directors who shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The positions of director, deputy director, and assistant director may not be limited by Sections 36-6-5 and 36-6-6.

(b) Subject to the Merit System, the director may appoint or employ such other professional, technical, clerical, and other personnel as may be necessary to carry out this chapter. The salary of these personnel shall be determined by the Governor and the State Personnel Board in accordance with Section 36-26-12. The director may make expenditures from the appropriation for these personnel, or from other funds made available for purposes of homeland security.

(c) One of the assistant directors shall be the state Director of Emergency Management, whose position shall also include the title of Assistant Director of Homeland Security for Emergency Preparedness and Response. Any conflicting provisions in Section 31-9-4 to this section shall be void.

(d) The employees of the department shall represent the diversity of the state and shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
Ala. Code § 31-14-1 — Alabama Code / Title 31 / Chapter 14 / Section 31-14-1
Section 31-14-1 Legislative Findings
Status: in_force

The Legislature finds that the state’s military installations are vital to the economic health of the state. It is therefore in the state’s interest that these installations not only be retained but, if possible, expanded.
Ala. Code § 31-4-14 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-14
Section 31-4-14 Use and Disposition of Armories Generally
Status: in_force

Whenever in the opinion of the Armory Commission it is practicable to do so, each armory of the National Guard or Naval Militia shall contain a room suitable for meetings of associations composed of veterans of the Spanish-American War, the World Wars, the Korean War and the Viet Nam War, and shall be available for such meetings under such rules and regulations as may be prescribed by the commanding officer of the National Guard unit or units using such armory. The Armory Commission of Alabama may permit the use of any armory for assembly and other purposes of various patriotic and civic organizations such as the Sons of Confederate and Federal Veterans, the American Legion, Veterans of Foreign Wars, Daughters of the Confederacy, the Chamber of Commerce, etc., as may be deemed advisable, where the use does not interfere with the use of the armory by the National Guard unit or units occupying same. When the unit or units of the National Guard or Naval Militia occupying an armory ceases to exist for any reason, the Armory Commission shall make a decision whether it is in the best interest of the state to keep the armory or whether the same shall be sold and the proceeds deposited back in the Armory Fund, or if same should be rented and the proceeds placed in the Armory Fund. Any sales made must be public ones and have the time, place, and terms of proposed sale advertised for one month prior to sale in at least six daily newspapers of the state, of which at least three must be outside the county in which the armories are located, and each must be in different cities.
Ala. Code § 31-13-17 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-17
Section 31-13-17 Discriminatory Employment Practices
Status: in_force

(a) It shall be a discriminatory practice for a business entity or employer to fail to hire a job applicant who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) or discharge an employee working in Alabama who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) while retaining or hiring an employee who the business entity or employer knows, or reasonably should have known, is an unauthorized alien.

(b) A violation of subsection (a) may be the basis of a civil action in the state courts of this state. Any recovery under this subsection shall be limited to compensatory relief and shall not include any civil or criminal sanctions against the employer.

(c) The losing party in any civil action shall pay the court costs and reasonable attorneys fees for the prevailing party; however, the losing party shall only pay the attorneys fees of the prevailing party up to the amount paid by the losing party for his or her own attorneys fees.

(d) The amount of the attorneys fees spent by each party shall be reported to the court before the verdict is rendered.

(e) 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.
Ala. Code § 31-2A-47 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-47
Section 31-2A-47 (Article 47.) Refusal to Appear or Testify
Status: in_force

(a) Any person not subject to this code who does all of the following may be punished by the military court in the same manner as a criminal court of the state:

(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court.

(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state.

(3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.

(b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.

(c) At the request of the military judge or the convening authority and upon receipt of proof that a person not subject to this code has refused to appear or testify or produce evidence as set forth in subsection (a), the circuit court of the county where the court-martial has been convened, upon application, shall institute criminal contempt proceedings against such person under the provisions of Rule 33, et seq., of the Alabama Rules of Criminal Procedure.
Ala. Code § 31-10-24 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-24
Section 31-10-24 When Benefits Effective
Status: reserved

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

The tuition benefits provided by this article shall begin the fall semester or quarter of 1993.
Ala. Code § 31-2-40 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-40
Section 31-2-40 Enforcement of Sanitation Laws in Camps or Garrisons
Status: in_force

The commanding officer of any camp or garrison shall enforce all state and federal sanitation laws within the limits prescribed in this chapter.
Ala. Code § 31-10-22 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-22
Section 31-10-22 Termination of Benefits
Status: reserved

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

The tuition benefits provided by this article may be terminated for the following reasons:

(1) Failure to satisfactorily complete the Alabama National Guard military obligation.

(2) Failure to maintain a 90 percent attendance at annual training and drill assemblies as required by the Alabama National Guard.

(3) Four unsatisfactory Unit Training Assemblies in a calendar year while enrolled in the tuition benefits program provided by this article.
Ala. Code § 31-8-16 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-16
Section 31-8-16 Back Pay
Status: in_force

No applicant who has been purposely stricken from the pension roll shall be entitled to any back pay for the time her name was stricken from the roll, and no back pay shall in any case be granted except to those making application, as set forth in this chapter.
Ala. Code § 31-8-25 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-25
Section 31-8-25 Transfer or Discount of Pension Claims or Warrants
Status: in_force

No person shall purchase or receive a transfer of any pension or warrant issued or to be issued under this chapter before the date provided for issuing warrants provided in this chapter, unless in writing transferred for face value or for supplies of merchandise, or unless discounted at nothing more than the legal rate of interest, which shall be stated in the instrument of transfer, and a copy of such transfer must be made and filed with the county department of human resources to be returned with a receipt to the State Department of Human Resources.
Ala. Code § 31-2A-133 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-133
Section 31-2A-133 (Article 133.) Conduct Unbecoming an Officer and a Gentleman
Status: in_force

Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
Ala. Code § 31-2A-44 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-44
Section 31-2A-44 (Article 44.) Former Jeopardy
Status: in_force

(a) No person, without his or her consent, may be tried a second time for the same offense.

(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial pursuant to this article until the finding of guilty has become final after review of the case has been fully completed.

(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.

(d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C., shall be barred from prosecution under this code.
Ala. Code § 31-5B-1 — Alabama Code / Title 31 / Chapter 5B / Section 31-5B-1
Section 31-5B-1 Short Title
Status: in_force

This chapter shall be known and cited as the Alabama Veterans Resource Center Act.
Ala. Code § 31-2-115 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-115
Section 31-2-115 Dispersion of Mob, Etc. - Order to Disperse
Status: in_force

Before using military force in the dispersion of any riot, rout, tumult, mob, or other lawless or unlawful assembly or combination mentioned in this chapter, it shall be the duty of the civil officer calling out such military force, or some other conservator of the peace or, if none be present, then of the officer in command of the troops or some person by him deputed, to command the persons composing such riotous, tumultuous, or unlawful assemblage or mob to disperse and retire peacefully to their respective abodes and businesses; but, in no case, shall it be necessary to use any set or particular form of words in ordering the dispersion of any riotous, tumultuous, or unlawful assembly, nor shall any such command be necessary where the officer or person, in order to give it, would necessarily be put in imminent danger of loss of life or great bodily harm, or where such unlawful assembly or riot is engaged in the commission or perpetration of any felony, or in assaulting or attacking any civil officer or person lawfully called to aid in the preservation of the peace, or is otherwise engaged in actual violence to any person or property.
Ala. Code § 31-2B-10 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-10
Section 31-2B-10 Duties of Operational Law Associate General Counsel. (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.

The Operational Law Associate General Counsel shall do all of the following:

(1) Serve as coordinator of all operational law matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel.

(2) Coordinate and provide support to military judge advocates assigned to administrative and civil law sections.

(3) Provide and supervise all military justice training throughout the Alabama National Guard. (4) Compile and publish the Alabama Manual for Operational Law and any supporting rules and manuals with advice and consent of the State Staff Judge Advocates.

(4) Compile and publish the Alabama Manual for Operational Law and any supporting rules and manuals with advice and consent of the State Staff Judge Advocates.
Ala. Code § 31-2-89 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-89
Section 31-2-89 Actions Against Members of Military Court, Etc., as to Sentences, Warrants, Etc.; Actions Against Officers or Enlisted Men for Acts Performed in Line of Duty; Defense of Actions Against Present or Former Members of National Guard at State Expense
Status: in_force

No action or proceedings shall be prosecuted or maintained against a member of a military court or officer or person acting under its authority or reviewing its proceedings on account of the approval or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate of a military court, nor shall any officer or enlisted man be liable to civil action or criminal prosecution for any act done while in the discharge of his military duty, which act was done in the line of duty.

If a civil action shall be commenced in any court by any person against any present or former member of the National Guard of this state for any act done by such present or former member while on any duty under this chapter, or against any member acting under the authority or order of any officer or by virtue of any warrant issued pursuant to law, and the present or former member shall be determined to be entitled to defense counsel at state expense pursuant to Section 31-2-90, the state shall defray all costs related to such representation or defense, and shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from the claim or suit.

Defense counsel provided at state expense pursuant to Section 31-2-90 shall have authority to settle any claim by compromise, with approval of the Attorney General.
Ala. Code § 31-8-3 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-3
Section 31-8-3 Entitlement of Remarried Widows
Status: in_force

Any widow, entitled to draw a pension under the provisions of this chapter, who has remarried, shall be entitled to and may draw a pension as is provided for widows upon the death of her last husband, or in the event she should be divorced from him by judgment of a court of competent jurisdiction.
Ala. Code § 31-5A-2 — Alabama Code / Title 31 / Chapter 5A / Section 31-5A-2
Section 31-5A-2 Definitions
Status: in_force

As used in this chapter, the terms “board,” “commissioner,” “department,” and “veteran” shall have the same meaning as defined in Section 31-5-1.
Ala. Code § 31-2A-23 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-23
Section 31-2A-23 (Article 23.) Who May Convene Special Courts-Martial
Status: in_force

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

(1) Any person who may convene a general court-martial.

(2) The commanding officer of a brigade, regiment, a group, or a corresponding unit of the Army.

(3) The commanding officer of a wing, group, or corresponding unit of the Air Force.

(4) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.

(b) If any such 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 § 31-8-26 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-26
Section 31-8-26 Unauthorized Purchase or Receipt of Transfer of Pension Claim or Warrant
Status: in_force

Any person who shall purchase or receive a transfer of any pension claim or warrant issued or to be issued under the pension laws for the relief of needy widows of Confederate soldiers or sailors before the same is received by the county department of human resources, except as otherwise provided by law, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than $20 nor more than $50.
Ala. Code § 31-9-9 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-9
Section 31-9-9 Powers and Duties of Local Emergency Management Organizations as to Mutual Aid Agreements
Status: in_force

(a) The governing body of each local organization for emergency management may develop mutual aid agreements with other public and private agencies within this state for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. The governing body may also develop or cause to be developed mutual aid agreements with other public or private agencies within the state for reciprocal aid and assistance to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state. Such agreements shall be consistent with the state emergency management plan and program, and a copy of each agreement shall be filed with the State Director of Emergency Management immediately after being entered into. Each local organization for emergency management shall render assistance in accordance with the provisions of the mutual aid agreements.

(b) The governing body of each local organization for emergency management may assist in negotiation of reciprocal mutual aid agreements between the Governor and adjoining states or political subdivisions thereof and shall carry out any such agreement relating to the local and political subdivision.

(c) The governing body of each local organization for emergency management may develop mutual aid agreements with federally recognized Indian tribes located within the state.

(d) For purposes of this section, “governing body” means the political subdivision establishing the local organization for emergency management pursuant to Section 31-9-10.
Ala. Code § 31-2A-36 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-36
Section 31-2A-36 (Article 36.) Governor or the Adjutant General May Prescribe Rules
Status: in_force

Pretrial, trial, and post-trial procedures, including modes of proof, for court-martial cases arising under this code, and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by rules, or as otherwise provided by law, which shall apply the principles of law and the rules of court under the State of Alabama, to include: (i) the Alabama Rules of Evidence; (ii) Alabama Rules of Criminal Procedure; (iii) Alabama Rules of Juvenile Procedure; and (iv) Alabama Rules of Appellate Procedure.
Ala. Code § 31-2-54 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-54
Section 31-2-54 Governor’s Flag
Status: in_force

There shall be a Governor’s flag of the following design and specifications. A flag of the same colors, dimensions, proportions, and description as prescribed for the flag of the State of Alabama. In addition thereto, there shall appear, in the field in the upper angle formed by the arms of the St. Andrew’s Cross, the coat of arms or Great Seal of the State of Alabama and, in the field in the lower angle formed by the arms of the St. Andrew’s Cross, there shall appear the military crest of the State of Alabama. A Governor’s flag may be purchased out of the regular or special military appropriations of the state for each Governor, or should he or his heirs so desire, the flag shall become his personal property or the property of his family at the expiration of his term of office, or at his death should he die before his term of office is completed.
Ala. Code § 31-10-21.1 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-21.1
Section 31-10-21.1 Qualifications for Tuition Reimbursement Applicants; Priority of State Educational Benefits; Tuition Rates; Applicability of Section; Repayment of Benefits
Status: reserved

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

(a) Beginning October 1, 2016, any member of the Alabama National Guard enrolled in a program leading to a certificate, or an associate or bachelor’s degree at an accredited public institution of higher education, technical college, or community college within the State of Alabama may apply for a tuition reimbursement benefit as provided for in this section if the applicant under this chapter meets the following requirements:

(1) The individual is 17 years of age or over.

(2) The individual is a member of the Alabama National Guard in good standing throughout the period or semester for which that individual receives education benefits as indicated by continued satisfactory participation in the Alabama National Guard as required by all applicable laws and regulations of the Department of the Army, the Department of the Air Force, and the Alabama National Guard, and there is no unfavorable administrative action pending against him or her.

(b) Any member of the Alabama National Guard receiving educational benefits under this section and the educational institutions they attend must comply with the standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the Higher Education Act and as defined by that education institution provided the member must maintain at least a cumulative 2.0 grade point average, or the letter equivalent. Those students who would no longer be eligible to receive Title IV benefits due to a failure to meet SAP standards shall no longer be eligible to receive benefits under this section.

(c) To the extent permitted by law, prior to applying any benefits provided for under this section, institutional certifying officials and financial aid officials shall first apply other federal, state, institutional, and third party scholarships and grants awarded to the member for that academic period for payment of required educational expenses during an academic period, but only for classes or courses that count towards the individual’s degree or certificate plan as designed and approved by the college or institution attended for the individual’s declared program of study.

(d) No public institution of higher education in this state shall impose a nonresident tuition rate or differential out-of-state resident fee on an Alabama National Guard member in good standing and who meets the requirements of subsection (a).

(e) All requirements under subsections (a) and (b) shall be met as a condition of obtaining any education assistance benefits under this chapter and continued eligibility for this exemption.

(f) The Alabama Commission of Higher Education shall be responsible for administering the overall policies, guidance, implementation, and proper utilization of the scholarship under this section.

(g) The tuition scholarship under this chapter shall be claimed for no more than a total of 120 academic hours or until the receipt of the first degree for which the scholarship is used, whichever comes first.

(h) Any member of the Alabama National Guard who fails to remain in good standing or is terminated from further service in the Alabama National Guard shall no longer be eligible for exemption benefits under this section and any benefits received by the member for the period, semester, or term in which he or she becomes ineligible shall be repaid by the member to the exempting institution.

(i) Any member who is expelled or dismissed by an institution of higher learning that provides scholarship benefits under this section to that member shall no longer be eligible for scholarship benefits under this section and shall repay all benefits received under this section to the institution.

(j) Any member who is disqualified from serving in the Alabama National Guard due solely to medical reasons shall be exempt from repaying any benefits received under this section.
Ala. Code § 31-3-3 — Alabama Code / Title 31 / Chapter 3 / Section 31-3-3
Section 31-3-3 Payment of Compensation - Manner; Apportionment Among Dependents
Status: in_force

The compensation payable to surviving dependents of Alabama national guardsmen who are killed under the circumstances prescribed in Section 31-3-2 shall be paid to the persons entitled thereto, without administration, or to a guardian or such other person as the awarding authority may direct, for the use of the persons entitled thereto as follows:

(1) If the deceased Alabama national guardsman leaves a dependent widow and no other dependents or partial dependents the total amount of the compensation provided for by this chapter shall be paid to such widow.

(2) If the deceased Alabama national guardsman leaves a dependent widow and a dependent child or dependent children and no other dependents or partial dependents, then the total amount of the compensation provided for by this chapter shall be paid to such widow for the benefit of herself and such child or children. Or, in its discretion, the awarding authority may determine what portion of the compensation shall be applied for the benefit of such child or children and may order the same paid to a guardian and then order only the remainder of such compensation paid to such widow.

(3) If the deceased Alabama national guardsman leaves a dependent child or children, and no dependent widow or other dependents or partial dependents then such child or children shall be entitled to the total amount of the compensation authorized by this chapter, and such compensation shall be paid to a duly appointed guardian of such child or children, or in the discretion of the awarding authority, such sum may be paid to the probate judge of the county of residence of the child or children. Any probate judge who receives any moneys due any child or children under this chapter shall handle and administer all such funds in the manner prescribed in Sections 26-7-2 through 26-7-5.

(4) If the deceased Alabama national guardsman leaves no dependent wife, or dependent child or children but leaves other dependents or partial dependents, then such dependents and partial dependents jointly shall be entitled to the total amount of the compensation provided by this chapter, and subject to the limitations prescribed in subdivision (8) of this section, such compensation shall be paid to them in the amounts and manner ordered by the awarding authority.

(5) If a deceased Alabama national guardsman leaves a dependent widow and other dependents or partial dependents but no dependent child or children, then such widow and the other dependents and partial dependents jointly shall be entitled to the total compensation provided by this chapter; and, subject to the limitations prescribed in this subdivision, such compensation shall be paid to such dependents in the proportions and in the manner ordered by the awarding authority; provided, however, at least 50 percent of such compensation must be awarded to the dependent widow.

(6) If a deceased Alabama national guardsman leaves a dependent widow and a dependent child or children and other dependents and partial dependents, then the awarding authority shall determine what portion of such compensation shall be paid to such widow and child or children, and, in its discretion, may order all such compensation paid to such widow and child or children, but must provide that at least 70 percent thereof is paid to such widow and child or children.

(7) If a deceased Alabama national guardsman leaves a dependent child or children and other dependents and partial dependents but no dependent widow, then the awarding authority shall determine what portion of such compensation such child or children are entitled to receive; and, in its discretion, may order all such compensation awarded to such child or children, but must award at least 60 percent thereof to such child or children.

(8) If a deceased Alabama national guardsman leaves no dependent wife, nor child or children, but leaves other dependents and partial dependents, the awarding authority shall determine what portion of such compensation each dependent and each partial dependent shall be entitled to receive; but such authority may not award to a partial dependent a greater percentage of such compensation than the percentage of the deceased guardsman’s average monthly income which was regularly contributed toward such partial dependent’s support for a reasonable time immediately prior to the death of such guardsman. In its discretion the awarding authority may award all of the compensation provided by this chapter to such total dependents of the deceased guardsman to the exclusion of partial dependents.
Ala. Code § 31-13-23 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-23
Section 31-13-23 Enforcement Report
Status: in_force

(a) The Alabama Department of Homeland Security shall file an annual report to the Legislature on the progress being made regarding the enforcement of this chapter and the status of the progress being made in the effort to reduce the number of illegal aliens in the State of Alabama. The report shall include, but is not limited to, the statistics and results from the enforcement of the sections of this chapter, and suggestions on what can be done including additional legislation to further assist the federal government in its efforts to apprehend illegal aliens in the State of Alabama. This report shall also be made available to the public and shall be announced through a press release from the Attorney General’s office.

(b) The Alabama Department of Homeland Security shall create a mechanism for receiving tips from the general public regarding possible violations of this chapter, including the unlawful enforcement of this chapter.
Ala. Code § 31-2-68 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-68
Section 31-2-68 Audit of Books, Accounts, Etc., of Adjutant General and Other Officers
Status: in_force

The books, accounts, and vouchers of the Adjutant General and all other officers of the National Guard of Alabama handling state military property or state military funds shall be audited upon the direction of the Governor in the same manner and under the same conditions as accounts and funds of other state officers are audited.
Ala. Code § 31-2-125 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-125
Section 31-2-125 Unauthorized Military Organizations
Status: in_force

Any two or more persons, whether with or without uniform, who associate, assemble, or congregate together by or under any name in a military capacity for the purpose of drilling, parading, or marching at any time or place or otherwise take up or bear arms in any such capacity without authority of the Governor, must, on conviction, be fined not more than $1,000. This section does not apply to any school or college where military training and instruction is given under the provisions of state or federal laws, nor to the order of Knights of Templar, Knights of Pythias, Patriarchs Militant, or Uniform Rank Woodmen of the World.