Ala. Code § 8-37-4 — Alabama Code / Title 8 / Chapter 37 / Section 8-37-4
Section 8-37-4 Reimbursements; Coverage; Effect of Cancellation or Termination
Status: in_force

(a) A contractual liability or other insurance policy insuring a GAP waiver shall state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waiver issued by the creditor and purchased or held by the borrower.

(b) Coverage under a contractual liability or other insurance policy insuring a GAP waiver shall also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement.

(c) Coverage under a contractual liability or other insurance policy insuring a GAP waiver shall remain in effect unless cancelled or terminated in compliance with applicable insurance laws of this state.

(d) The cancellation or termination of a contractual liability or other insurance policy shall not reduce the insurer’s responsibility for GAP waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer.
Ala. Code § 8-17-310 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-310
Section 8-17-310
Status: in_force

(a) For the purposes of this section, the term “appliance” means an item used in the home for the performance of domestic chores or tasks, or used in a commercial or industrial setting for the performance of similar tasks, including, but not limited to, cooking, food storage, heating, cooling, washing, or drying, and the term “governmental entity” shall have the same meaning provided in Section 41-1-41.

(b) A governmental entity may not enact or enforce any resolution, ordinance, regulation, rule, code, program, or policy, or take any other action that restricts or prohibits, or has the effect of restricting or prohibiting, any person or other entity from acquiring or using any appliance solely based on the type of energy or energy generation used to operate the appliance.

(c) Nothing in this section shall be construed to limit a governmental entity’s authority to do any of the following:

(1) Regulate any entity providing energy or energy generation.

(2) Prohibit the use of any household appliance for an illegal purpose.

(3) Take actions to ensure that the usage of a household appliance complies with the manufacturer’s recommendations.

(4) Exercise existing authority to review or approve applications for building permits or to otherwise enforce building, fire, or other public safety codes or other regulations.
Ala. Code § 8-17-99 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-99
Section 8-17-99 Deduction on Monthly Returns
Status: in_force

(a) The person first selling, the person importing, or the inspection fee permit holder of dyed diesel fuel or dyed kerosene may take a deduction on the monthly return for sales of dyed diesel fuel or dyed kerosene to the following:

(1) United States Government.

(2) Exports by the inspection fee permit holder.

(3) Sales from one Alabama inspection fee permit holder to another Alabama inspection fee permit holder.

(4) Sales to the ultimate consumer for use in firing steam boilers or combustion generating turbines by compression.

(b) The person first selling, the person importing, or the inspection fee permit holder of lubricating oil may take a deduction on the monthly return for sales of lubricating oil to the following:

(1) United States Government.

(2) Exports by the inspection fee permit holder.

(3) Sales from one Alabama inspection fee permit holder to another Alabama inspection fee permit holder.
Ala. Code § 8-20-2 — Alabama Code / Title 8 / Chapter 20 / Section 8-20-2
Section 8-20-2 Declaration of Purpose
Status: in_force

(a) The Legislature finds and declares that the distribution and sale of motor vehicles within this state vitally affect the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate motor vehicle manufacturers, distributors, dealers, and their representatives and to regulate the dealings between manufacturers and distributors or wholesalers and their dealers in order to prevent fraud and other abuses upon the citizens of this state and to protect and preserve the investments and properties of the citizens of this state.

(b) This chapter shall not apply to any recreational vehicle manufacturer and dealer agreement to which Chapter 21C of this title applies.
Ala. Code § 8-7B-2 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-2
Section 8-7B-2
Status: in_force

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

(1) ALABAMA QUALIFIED PAYMENT STABLECOIN ISSUER. A stablecoin issuer licensed and approved by the commission through the licensing process in Section 8-7B-4.

(2) AUTHORIZED PAYMENT STABLECOIN. A payment stablecoin issued by an Alabama qualified payment stablecoin issuer.

(3) COMMISSION. The Alabama Securities Commission.

(4) COMPTROLLER. The federal Office of the Comptroller of the Currency.

(5) DIGITAL ASSET SERVICE PROVIDER. A person that, in the United States and for compensation or profit, engages in the business of exchanging digital assets for monetary value, exchanging digital assets for other digital assets, transferring digital assets to a third party, acting as a digital asset custodian, or participating in financial services relating to digital asset insurance. The term does not include a person that engages in the business of developing or operating distributed ledger protocols, self-custodial software interfaces, or validating transactions through a distributed ledger. The term does not include a person that participates in a liquidity poll or other similar mechanism for the provisioning of liquidity for peer-to-peer transactions.

(6) GENIUS ACT. The Guiding and Establishing National Innovation for U.S. Stablecoins Act, 12 U.S.C. §§ 5901-5916.

(7) GOVERNMENTAL ENTITY. Any state or local agency or instrumentality thereof located in the state.

(8) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his or her purpose is to cause that result or to engage in that conduct.

(9) KNOWINGLY. A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he or she is aware that his or her conduct is of that nature or that the circumstance exists.

(10) OPEN, PUBLIC, OR DECENTRALIZED NETWORK. A blockchain network that is open to use by the public without permission of use by governing authorities or a network that is operated using distributed ledger technology, where the data is stored in separate physical locations.

(11) PAYMENT STABLECOIN. A digital asset or assets designed to maintain a stable value that is, or is designed to be, used as a means of payment or settlement. The issuer of the token:

a. Is obligated to convert, redeem, or repurchase the token for a fixed amount of monetary value; and

b. Represents, or creates the reasonable expectation, that the token will maintain a stable value relative to the value of a fixed amount of monetary value.

(12) PERMITTED PAYMENT STABLECOIN ISSUER. A person formed in the United States that is one of the following:

a. A subsidiary of an insured depository institution that has been approved to issue payment stablecoins under Section 5 of the GENIUS Act, 12 U.S.C. § 5904.

b. A nonbank entity approved by the comptroller, pursuant to Section 5 of the GENIUS Act, 12 U.S.C. § 5904, to issue payment stablecoins.

c. An uninsured national bank that is chartered by the comptroller and is approved by the comptroller, pursuant to Section 5 of the GENIUS Act, 12 U.S.C. § 5904, to issue payment stablecoins.

d. A federal branch that is approved by the comptroller, pursuant to Section 5 of the GENIUS Act, 12 U.S.C. § 5904, to issue payment stablecoins.

e. An entity legally established under the laws of a state and approved to issue payment stablecoins by a state payment stablecoin regulator, including Alabama qualified payment stablecoin issuers.
Ala. Code § 8-8-14 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-14
Section 8-8-14 Interest Surcharge on Loans or Credit Sales; Refunds; Maximum Interest Rate Indexed to Prime Rate; Maximum Interest Rates for Open-End Credit Plans
Status: in_force

(a) In addition to other lawful charges under various state laws, and notwithstanding any restrictions thereunder, a legal licensed lending institution, a vendor making credit sales, any financial institution operating in Alabama or any individual may, if provided in the contract, charge and collect at the time of making a loan or credit sale, on each contract of loan or credit sale, an interest surcharge of not more than six percent of the part of the amount financed, which is not in excess of two thousand dollars ($2000). In addition to any rebate to which the debtor is otherwise entitled, when any contract upon which an interest surcharge has been charged is prepaid in full by any means within 90 days of date of the contract, the creditor shall refund or credit the debtor with a pro rata portion of the interest surcharge, except that in such event an amount of no less than twenty-five dollars ($25) may be retained by the creditor.

(b) As an alternative to any other interest or finance charge allowed by state laws, and any law or regulation to the contrary notwithstanding, a lender or a vendor in credit sales, any financial institution operating in Alabama or any individual may, in connection with any credit sale, upon any type or class of loan, charge a maximum allowable rate on the amount of such loan or credit sale, not to exceed two percentage points above the prime rate at the time such loan or credit sales contract is executed; or if the debt is created under an open-end credit plan, the maximum finance charge in connection therewith shall be one and three-fourths percent per month on the first $750 or less, and one and one-half percent per month on the excess of any unpaid balance from time to time thereunder. For the purpose of this section, the prime rate shall be the average of the prime rates reported by the three largest banks in New York City as of the close of business three business days immediately preceding the date on which the loan or credit sale is made.

(c) The provisions of this section are cumulative to, and not in derogation of, rights under other provisions of state or federal law and shall not in any way repeal, amend or modify the provisions of Public Law 96-221 enacted by the Congress of the United States and approved March 31, 1980.
Ala. Code § 8-1-195 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-195
Section 8-1-195 Remedies and Defenses
Status: in_force

(a) The remedies available for breach of an agreement subject to this article are:

(1) Such injunctive and other equitable relief as may be appropriate with respect to any actual or threatened breach.

(2) The actual damages suffered as a result of the breach or lawful liquidated damages if provided in the contract.

(3) Any remedies available in contract law, including attorneys’ fees or costs, if provided for in the contract or otherwise provided for by law.

(b) Nothing in this article shall limit the availability of any defense otherwise available in law or equity.
Ala. Code § 8-26-35 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-35
Section 8-26-35 Limit on Athlete Agent’s Fee Where Athlete Fails to Procure or Be Paid for Employment
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-19G-6 — Alabama Code / Title 8 / Chapter 19G / Section 8-19G-6
Section 8-19G-6 Civil Action for Damages
Status: in_force

(a) Any individual injured by a violation of Section 8-19G-3, Section 8-19G-8, or Section 8-19G-9 may bring a civil action in circuit court against the commercial entity to recover actual and punitive damages, court costs, and reasonable attorney’s fees. If the injured individual is a minor, then a parent or legal guardian may bring action on his or her behalf.

(b) Upon commencement of any action brought under this section, the plaintiff shall mail a copy of the complaint or other initial pleading to the Attorney General and upon entry of any judgment or decree in the action, shall mail a copy of the judgment or decree to the Attorney General.

(c) Upon a finding by the court that a violation of Section 8-19G-3, Section 8-19G-8, or Section 8-19G-9 has occurred, the Attorney General, upon petition to the court, may recover a civil penalty up to ten thousand dollars ($10,000) per violation.
Ala. Code § 8-6-57 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-57
Section 8-6-57 Deputy Director
Status: in_force

(a) With the approval of the Securities Commission and subject to the provisions of the Merit System law, the director thereof may designate a deputy director, who shall possess qualifications fixed by the commission with the approval of the personnel department, and who shall perform such duties as the director shall designate.

(b) In the absence of the director or his inability to act, the deputy director shall perform such duties as are required to be performed by the director.

(c) The compensation of the deputy director shall be fixed by the commission, subject to the approval of the personnel department, in the salary range payable to attorneys in the Merit System classification of Attorney IV.
Ala. Code § 8-6-25 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-25
Section 8-6-25 Hearings to Be Public; Requests for Private Hearings
Status: in_force

Every hearing in an administrative proceeding shall be public unless the Securities Commission, in its discretion, grants a request joined in by all the respondents that the hearing be conducted privately.
Ala. Code § 8-17-232 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-232
Section 8-17-232 Pyrotechnic Special Effects License
Status: in_force

(a) A person may not provide pyrotechnics display, special effects, and flame effects in which the audience is closer to the devices than permitted by NFPA 1123 or in compliance with NFPA 160, or both, without a pyrotechnic special effects operator license. An applicant for a pyrotechnic special effects license shall submit all of the following to the State Fire Marshal:

(1) Proof that the applicant is at least 21 years of age at the time of application.

(2) Proof of successful completion, with a passing score of 75 percent or greater, of a 16-hour proximate pyrotechnics training program approved by the State Fire Marshal for pyrotechnic special effects operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.

(3) Verifiable evidence of active participation as a co-lead in the safe performance of at least six proximate audience displays or flame effects, or both, under the direct supervision of a competent licensed pyrotechnic special effects operator.

(4) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.

(5) An application fee of one hundred twenty dollars ($120).

(b) Each pyrotechnic special effects operator licensee requesting renewal of his or her license shall submit proof of all of the following to the State Fire Marshal:

(1) Completion of a 16-hour continuing education training program approved by the State Fire Marshal for pyrotechnic special effects operators within the two-year license period. The training program shall be taught by an organization, display company, or individual approved by the State Fire Marshal.

(2) Active participation as a pyrotechnic special effects operator in the safe performance of at least two proximate audience displays or flame effects, or both, within the two-year license period.

(3) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.

(4) A signed affidavit stating that the licensee has committed no felonies in this state or another state within the two-year license period.

(5) A renewal fee of one hundred twenty dollars ($120).

(c) A pyrotechnic special effects operator license shall expire two years after issuance, unless renewed before expiration.
Ala. Code § 8-17-247 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-247
Section 8-17-247 Blasting Contractor License
Status: in_force

(a) Unless otherwise exempted by this article, no person shall engage in blasting or other use of explosives for commercial purposes, without first obtaining a blasting contractor license. Any person desiring to be licensed or desiring a renewal of an existing license as a blasting contractor in this state shall make and file with the office a written application on a form prescribed by the office. The office shall have 30 days to investigate and review the application, and either issue or deny a license. A denial shall state the reasons why the license was not issued and what corrective action, if any, may be taken.

(b) The license shall expire one year following the date of its issuance or renewal and shall become invalid, unless renewed by payment of the license fee.

(c) A fee of two thousand dollars ($2,000) shall be paid to the office by any person issued a license under this section.

(d) No person with a blaster certification card may conduct any blasting operations which require certification and licensure under this article unless the person has, or is employed by an employer who has a blasting contractor license.
Ala. Code § 8-6-194 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-194
Section 8-6-194 Financial Service Provider Authorized to Contact Certain Individuals or Entities Upon Suspicion of Financial Exploitation; Disclosure of Information
Status: in_force

(a) A financial service provider may offer to a customer who is an elderly or vulnerable adult the opportunity to submit and periodically update a list of individuals or entities that the elderly or vulnerable adult authorizes the financial service provider to contact when the financial service provider has reasonable cause to suspect that the elderly or vulnerable adult is a victim or a target of financial exploitation.

(b) A financial service provider that has reasonable cause to suspect that an elderly or vulnerable adult is the victim or target of financial exploitation may convey the suspicion to one or more of the following, provided that the person is not the suspected perpetrator:

(1) An individual or entity on the list described in subsection (a), if a list has been provided by the elderly or vulnerable adult to the financial service provider.

(2) A co-owner, additional authorized signatory, or beneficiary on the elderly or vulnerable adult’s account at the financial institution.

(3) A third party reasonably associated with the elderly or vulnerable adult.

(c) When providing information under this section, a financial service provider may limit the information and disclose only that the financial service provider has reasonable cause to suspect that the elderly or vulnerable adult may be a victim or target of financial exploitation without disclosing any other details or confidential personal information regarding the financial affairs of the elderly or vulnerable adult.

(d) A financial service provider may choose not to contact one or more individuals or entities on the list provided pursuant to subsection (a) if the financial service provider suspects that the person or persons are engaged in financial exploitation.

(e) A financial service provider may rely on information provided by the customer in compiling a list of contact persons.

(f) A financial service provider or an officer or employee of a financial service provider, acting in a reasonable manner, is immune from all criminal, civil, and administrative liability for contacting a person or electing not to contact a person under this section and for actions taken in furtherance of that determination.

(g) Any contact or disclosure of information made pursuant to this section is exempt from any applicable state customer consent and customer notice statutes or rules.
Ala. Code § 8-1A-14 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-14
Section 8-1A-14 Automated Transaction
Status: in_force

In an automated transaction, the following rules apply:

(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.

(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.

(3) The terms of the contract are determined by the substantive law applicable to it.
Ala. Code § 8-7-11 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-11
Section 8-7-11 Annual and Supplemental Listings of Offices, Etc.; Adjustment of Surety Bond or Deposit
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-16-71 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-71
Section 8-16-71 Fees and Charges for Weighing Agricultural Commodities; Disposition of Collected Amounts
Status: in_force

The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may fix, assess and collect, or cause to be collected, fees and charges for weighing services furnished by the Department of Agriculture and Industries through services furnished by duly appointed weighmasters as authorized under Section 8-16-70, and all amounts collected therefor shall be deposited into the Shipping Point Inspection Fund of the State Treasury. No amounts collected under this section shall accrue or be paid to the employee or agent of the Department of Agriculture and Industries, as all such amounts are required to be deposited into the State Treasury to the credit of the Shipping Point Inspection Fund.
Ala. Code § 8-17-131 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-131
Section 8-17-131 Marking of Pumps, Etc. - Liquid Motor Fuels
Status: in_force

Every person conducting a place of business from which any liquid motor fuel is sold or offered for sale at retail to the public must conspicuously, clearly and distinctly place and keep placed on each pump or other device used by him for dispensing such fuel at such place the name of the owner thereof and the name of the brand, trademark or trade name of the liquid motor fuel being dispensed from each pump or other said device.
Ala. Code § 8-26-37 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-37
Section 8-26-37 Service of Process Where Athlete Agent Departs State with Intent to Defraud or Avoid Service
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-17-251 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-251
Section 8-17-251 Article Preempts Certain Ordinances and Regulations
Status: in_force

This article is intended to and shall preempt and supersede all county, town, city, or municipal ordinances or regulations enacted after January 1, 1993, or which may be enacted in the future with respect to the subjects covered by this article. Any municipal ordinance regulating blasting or other use of explosives which was in effect on January 1, 1993, shall continue in effect. Any municipality with a more stringent ordinance or resolution relating to the use of explosives or on blasting activities in effect on January 1, 1993 is exempt from this article.
Ala. Code § 8-19J-11 — Alabama Code / Title 8 / Chapter 19J / Section 8-19J-11
Section 8-19J-11
Status: in_force

(a) Any knowing or reckless violation of this chapter is deemed a deceptive trade practice actionable under Chapter 19. The Attorney General shall have the exclusive jurisdiction to bring an action pursuant to Chapter 19. If the Attorney General has reason to believe that an entity is in violation of this chapter, the Attorney General may bring an action against the entity for an unfair or deceptive trade practice. In addition to other remedies available under Chapter 19, the Attorney General may collect a civil penalty of up to seven thousand five hundred dollars ($7,500) per violation, reasonable attorney fees, and court costs.

(b) If a violation described in subsection (a) is part of a consistent pattern of knowing or reckless conduct, the Attorney General may seek punitive damages against the entity.

(c) An action for a claim under this section must be brought within one year from the date the Attorney General knew or reasonably should have known of the alleged violation.

(d) This section does not preclude any other available remedy at law or equity.
Ala. Code § 8-15-1 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-1
Section 8-15-1 Definition; Supervision by Commissioner of Agriculture and Industries
Status: in_force

(a) All buildings, structures, or other protected enclosures used for storage of cotton or other articles of value for the public, with or without compensation, and all buildings, structures, or other protected enclosures for the storage of cotton or other articles of value where a statement is issued acknowledging the receipt of the articles of goods stored and undertaking to deliver the same are declared to be public warehouses.

(b) All such warehouses shall be under the supervision of the Commissioner of Agriculture and Industries, whose duty it shall be to enforce the requirements of the law and the rules and regulations promulgated by the State Board of Agriculture and Industries relative to public warehouses.

(c) The term “public warehouse,” as used in this chapter, shall not be construed as applying to any building, structure, or protected enclosure, or portion thereof, used exclusively for the checking or storing of hats, wearing apparel, or baggage or exclusively for the storing of furs when the storage thereof is merely incidental to the business of a dealer therein or to the business of cleaning or renovating such furs.
Ala. Code § 8-26-2 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-2
Section 8-26-2 Definitions
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-1-42 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-42
Section 8-1-42 Specific Performance Not Enforced for Party Not Fully Performing Conditions Precedent
Status: in_force

Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial and either entirely immaterial or capable of being fully compensated, in which case specific performance may be compelled, upon full compensation being made for the default.
Ala. Code § 8-17-210 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-210
Section 8-17-210 Definitions
Status: in_force

As used in this article, the following terms shall have the meanings ascribed to them in this section, unless clearly indicated otherwise:

(1) AERIAL DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in the APA 87-1, Sections 3.1.2 and 3.5.

(2) ANNUAL RETAILER. Any person engaged in the business of making sales of fireworks to consumers within this state throughout the entire calendar year from January 1 through December 31.

(3) APA 87-1. The 2001 American Pyrotechnics Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics.

(4) AUDIBLE GROUND DEVICES. Any type of D.O.T. Class C Consumer Fireworks listed in APA 87-1, Section 3.1.3.

(5) DISTRIBUTOR. Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn resells to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer’s or distributor’s permit.

(6) D.O.T. CLASS C CONSUMER FIREWORKS. All articles of fireworks as are now or hereafter classified as D.O.T. Class C 1.4G Consumer fireworks in the regulations of the U.S. Department of Transportation for the transportation of explosive and other dangerous articles, including aerial devices and audible ground devices.

(7) FIREWORKS SEASONS. The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks.

(8) MANUFACTURER. Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama.

(9) NFPA 1123. The National Fire Protection Association Code for Fireworks Display, as adopted by the State Fire Marshal.

(10) NOVELTIES. Any device listed in APA 87-1, Section 3.2, including, without limitation, the following:

a. Party poppers.

b. Snappers.

c. Toy smoke devices.

d. Snake, glow worms.

e. Wire sparklers, dipped sticks.

(11) PERMIT. The written authority of the State Fire Marshal issued under the authority of this article.

(12) PERSON. Includes any corporation, association, copartnership, or one or more individuals.

(13) SALE. An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each transaction made by any person, whether as principal proprietor, salesperson, agent, association, copartnership, or one or more individuals.

(14) SEASONAL RETAILER. Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands.

(15) SPARKLING DEVICES. Handheld or ground based sparkling devices that are non-explosive and non-aerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes and other sparkling devices that emit showers of sparks and sometimes a whistling, spinning, or crackling effect when burning, but does not include aerial devices, audible ground devices, or anything that will detonate or explode.

(16) SPECIAL FIREWORKS. All articles of fireworks that are classified as Class B 1.3G fireworks in the regulations of the U.S. Department of Transportation, including all articles classified as fireworks other than those classified as Class C.

(17) WHOLESALER. Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail.
Ala. Code § 8-25-3 — Alabama Code / Title 8 / Chapter 25 / Section 8-25-3
Section 8-25-3 Prohibited Provisions
Status: in_force

A rental-purchase agreement shall not contain a provision:

(1) Requiring a confession of judgment;

(2) Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise;

(3) Waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant; or

(4) Requiring the purchase of insurance or waiver of liability from the merchant to cover the merchandise; provided, however, that the lessor may offer to the lessee any such insurance or waiver of liability if it is clearly and conspicuously disclosed on the face of the insurance or waiver of liability agreement, in print not less than eight-point bold face type, that the purchase of any such insurance or waiver of liability by the lessee from the lessor is optional. The charge for any insurance or waiver of liability shall not exceed 15 percent of the rental payment.
Ala. Code § 8-33-5 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-5
Section 8-33-5 Conditions for Warrantors
Status: in_force

(a) No vehicle protection product shall be sold or offered for sale in this state unless the warrantor meets one of the conditions in subsection (b) or (c) in order to ensure adequate performance under the warranty. No other financial security requirements or financial standards for warrantors shall be required.

(b) The vehicle protection product warrantor is insured under a warranty reimbursement insurance policy issued by an insurer authorized to do business in this state which provides that:

(1) The insurer will pay to, or on behalf of, the warrantor 100 percent of all sums that the warrantor is legally obligated to pay according to the warrantor’s contractual obligations under the warrantor’s vehicle protection product warranty.

(2) A true and correct copy of the warranty reimbursement insurance policy has been filed with the commissioner by the warrantor.

(3) The policy contains the provision required in Section 8-33-6.

(c)(1) The vehicle protection product warrantor, or its parent company, maintains a net worth or stockholders’ equity of fifty million dollars ($50,000,000).

(2) The warrantor provides the commissioner with a copy of the warrantor’s or the warrantor’s parent company’s most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year or, if the warrantor does not file with the Securities and Exchange Commission, a copy of the warrantor’s or the warrantor’s parent company’s audited financial statements that shows a net worth of the warrantor or its parent company of at least fifty million dollars ($50,000,000). If the warrantor’s parent company’s Form 10-K, Form 20-F, or audited financial statements are filed to meet the warrantor’s financial stability requirement, then the parent company shall agree to guarantee the obligations of the warrantor relating to warranties issued by the warrantor in this state. The audited financial statements filed pursuant to this section shall be exempt from public disclosure under Section 36-12-40.
Ala. Code § 8-26A-7 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-7
Section 8-26A-7 Suspension, Revocation, or Refusal to Renew Registration
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-6-177 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-177
Section 8-6-177 Delay of Disbursement - Liability
Status: in_force

A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with Section 8-6-176 shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement in accordance with this section.
Ala. Code § 8-6-115 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-115
Section 8-6-115 Notifications of Intent to Issue Bonds
Status: in_force

On and after May 27, 1978, any issuer proposing to issue any industrial revenue bonds under authority of the authorizing act shall, at least 20 days prior to the date of delivery of the industrial revenue bonds, deliver to the director a notification in writing of its intention to issue the bonds. The director may for good cause shown, waive, shorten, or, with the consent of the issuer, extend the 20-day requirement. The notifications shall contain the name and address of the issuer, the lessee, the guarantor, if any, the trustee, the underwriter, purchaser, fiscal agent, or agents, legal counsel for each of the above named parties and bond counsel, the estimated face amount of the bond issue, the estimated capital budget for the project to the extent that the information is available to the issuer when it files the notification, and any other information prescribed by the rules and regulations issued by the commission to advise the director and the commission of the nature of the proposed transaction. Each notification shall be accompanied by a filing fee equal to one twentieth of one percent of the principal amount of industrial revenue bonds described in the notification. No filing fee shall be less than $25 nor greater than $1,000. All fees shall be deposited in a special account in the State Treasury to be withdrawn by the director for the use of the commission in the administration of this article. All notifications shall be available for public inspection during the normal business hours of the director.
Ala. Code § 8-29-8 — Alabama Code / Title 8 / Chapter 29 / Section 8-29-8
Section 8-29-8 No Amendment of Existing Laws; Not Applicable in Certain Civil Actions
Status: in_force

This chapter does not amend or modify existing laws relating to mechanics and materialmen liens and shall not be applicable in civil actions pursuant to Title 35, Chapter 11, Division 8.
Ala. Code § 8-26B-19 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-19
Section 8-26B-19 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103 (b) of that act, 15 U.S.C. Section 7003(b).
Ala. Code § 8-26A-1 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-1
Section 8-26A-1 Short Title
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-20A-6 — Alabama Code / Title 8 / Chapter 20A / Section 8-20A-6
Section 8-20A-6 Statute of Limitations
Status: in_force

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.
Ala. Code § 8-17-172 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-172
Section 8-17-172 Sale of Substitutes; Labeling of Tanks, Etc., Containing Substitutes
Status: in_force

(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of oil of turpentine with other products or any product which is intended to be used as a substitute for oil of turpentine unless it is exposed for sale and sold under the name “substitute for oil of turpentine.”

(b) If the word “turpentine” is used other than in the name, the true name of each and every ingredient of such product shall also appear, giving preference of order to the ingredients present in the greater proportion; but all letters used in naming the ingredients shall be of the same size and color, using the style of type as specified in subsection (c) of this section.

(c) Each tank car, tank, barrel, keg, can, jug, or vessel, both wholesale and retail, and all storage receptacles containing such product shall be distinctly and durably marked in a conspicuous place, using the English language and kind of type as specified in this subsection giving the name under which it is sold, the names of ingredients when required and the name and place of business of the manufacturer or jobber thereof in continuous list with no intervening matter of any kind, using ordinary bold-faced capital letters not less than 60 points in size, and there shall be such a contrast between the color of the type and the background of the label as to render the same easily and plainly legible.
Ala. Code § 8-19F-10 — Alabama Code / Title 8 / Chapter 19F / Section 8-19F-10
Section 8-19F-10 Relation to Other Laws
Status: in_force

Nothing in this chapter shall be construed to alter the existing authority of the state or any state official with respect to any matter other than fantasy contests as defined in this chapter.
Ala. Code § 8-37A-1 — Alabama Code / Title 8 / Chapter 37A / Section 8-37A-1
Section 8-37A-1 Purpose and Application of Chapter
Status: in_force

(a) The purpose of this chapter is to define motor vehicle value protection agreements and to authorize the agreements to be offered within this state.

(b) This chapter does not apply to either of the following:

(1) An insurance policy offered by an insurer under the insurance laws of this state.

(2) A debt cancellation or debt suspension contract being offered by a federally regulated financial institution operating under 12 C.F.R. Part 37 or a credit union operating under 12 C.F.R. Part 721 or other federal law; or a debt cancellation or debt suspension contract being offered by a state chartered bank or credit union.

(c) Except as provided in this chapter, motor vehicle value protection agreements governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell motor vehicle value protection agreements to borrowers that comply with this chapter are exempt from insurance licensing and insurance regulation requirements of this state.

(d) This chapter applies only to motor vehicle value protection agreements for financing of motor vehicles as defined in this chapter. This chapter does not affect the validity or enforcement of other asset protection waivers, debt cancellation contracts, or debt suspension agreements.
Ala. Code § 8-1-43 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-43
Section 8-1-43 Neither Party to Obligation Compelled Specifically to Perform Unless Other Party Performs
Status: in_force

Neither party to an obligation can be compelled specifically to perform it unless the other party thereto has performed or is compelled specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly so, with full compensation for any want of entire performance.
Ala. Code § 8-25A-1 — Alabama Code / Title 8 / Chapter 25A / Section 8-25A-1
Section 8-25A-1 Recovery Fee Included in Rental Agreement for Heavy Equipment Property
Status: in_force

(a) Except as provided in subsection (b), a person in the business of renting heavy equipment property located in this state may include in the rental agreement a one and one-half percent recovery fee on the gross rental receipts from any item of heavy equipment rented by a customer. The total amount of the recovery fee shall be retained by the business for the purpose of paying personal property taxes levied by all taxing jurisdictions against the heavy equipment property. For the purposes of this section, heavy equipment property includes self-propelled, self-powered, or pull-type equipment, including farm equipment, that is intended to be used for agricultural, construction, industrial, mining, or forestry uses. Heavy equipment property also includes equipment that is described under Industry Code 532412 of the 2002 North American Industry Classification System as published by the Bureau of the Census.

(b) Notwithstanding subsection (a), the recovery fee provided in this section shall not apply to the leasing or renting of heavy equipment to the State of Alabama, any municipality, or any county.
Ala. Code § 8-17-244 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-244
Section 8-17-244 Refusing, Suspending, Revoking, or Failing to Renew Certification
Status: in_force

(a) A person may be refused certification, a duly issued blaster certification may be suspended or revoked, or the renewal of certification may be refused by the office if it finds that the applicant for, or the holder of, the certification:

(1) Has violated this article or any other state or federal law relating to explosives, or has violated any regulation duly promulgated by the office.

(2) Has misrepresented or concealed any material fact in the application for a certificate, or identification card, or any document filed in support of those documents.

(3) Has permitted any employee of the person, either by direct instruction or by reasonable implication, to violate this article.

(4) Has been convicted by final judgment in any state or federal court of a felony.

(5) Has been terminated from employment due to possessing or being under the influence of intoxicants, or possessing or using illegal drugs.

(6) Has used explosives in an unsafe manner.

(b) Prior to the office refusing, suspending, revoking, or failing to renew a blaster certification card, the office shall notify the applicant or holder of a blaster certification card of the specific reason or reasons for the intended action. The applicant or holder of a blaster certification card shall have 10 days after receipt of the notice to respond to the office notice of proposed action by filing a written notification to the office and requesting a hearing before the office pursuant to the rules of the office.

(c) The office shall have 10 days after its receipt of the applicant’s or the holder’s response to either take the proposed action or issue the blaster certification card and notify the blaster of the decision. If the blaster disagrees with the action taken by the office, a hearing for the purpose of reconsidering the matter shall be set within 30 days of the action of the office.
Ala. Code § 8-32-11 — Alabama Code / Title 8 / Chapter 32 / Section 8-32-11
Section 8-32-11 Rules and Regulations
Status: in_force

The commissioner may promulgate reasonable rules and regulations necessary to implement this chapter.
Ala. Code § 8-19-11 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-11
Section 8-19-11 Penalties
Status: in_force

(a) Any person who violates the terms of an injunction or order issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per violation and shall be adjudged in contempt. For the purpose of this section, any circuit court issuing an injunction or order under this chapter shall retain jurisdiction, and in such cases the Attorney General or the district attorney acting in the name of the state may petition for recovery of such civil penalties.

(b) Any person who is knowingly engaging in or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the Attorney General or a district attorney acting in the name of the state to the circuit court for the county in which the defendant resides, is doing business, or has his/her principal place of business, or the county in which the unlawful act or practice was or is being committed.

(c) Furthermore, upon a second or continuing violation of an injunction after imposition of the sanctions in subsection (a) of this section, and upon petition by the Attorney General or a district attorney, the circuit court of general jurisdiction of a county may, in its discretion, order the dissolution or suspension or forfeiture of the franchise of any corporation, partnership, or sole proprietorship which willfully violates the terms of any injunction issued under Section 8-19-8.

(d) The penalties authorized under this section shall not apply to any offender who shows by a preponderance of evidence that he had established reasonable procedures to comply with this chapter or with any injunction issued under Section 8-19-8.

(e) In any successful action or petition brought under this section, the court shall award the office of the Attorney General and/or the office of the district attorney reasonable attorney’s fees and costs.

(f) All penalties collected under this section shall be remitted by the circuit court to the state treasurer and shall be credited to the account of either the office of the Attorney General or the office of the district attorney, whichever initiated the action or petition resulting in imposition of such penalties.
Ala. Code § 8-28-4 — Alabama Code / Title 8 / Chapter 28 / Section 8-28-4
Section 8-28-4 Applicability
Status: in_force

This chapter applies to any form, whether it was last used before, on or after May 4, 1989.
Ala. Code § 8-15-18 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-18
Section 8-15-18 Insurance of Stored Cotton and Other Raw Agricultural Commodities
Status: in_force

The Commissioner of Agriculture and Industries shall have power to require that all bales of cotton or other raw agricultural commodities, accepted for storage by a public warehouseman, other than cotton moving in transit to a compress to be compressed, shall be insured against destruction, damage by fire, and other hazards, or perils that could be incurred by such warehouseman, unless otherwise instructed in writing by the bailor.
Ala. Code § 8-37A-3 — Alabama Code / Title 8 / Chapter 37A / Section 8-37A-3
Section 8-37A-3 Motor Vehicle Value Protection Agreements; Administration; Agreement to Be Provided
Status: in_force

(a) A motor vehicle value protection agreement may be offered, sold, or provided to a borrower or lessor under this chapter.

(b) A provider may use an administrator or other designee to be responsible for all or part of the administration of motor vehicle value protection agreements in compliance with this chapter. A provider may act as an administrator or retain the services of a third-party administrator.

(c) A motor vehicle value protection agreement shall not be sold unless the contract holder is provided a copy of the agreement.
Ala. Code § 8-6-141 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-141
Section 8-6-141 Registration - Beneficiary Form
Status: in_force

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
Ala. Code § 8-7A-1 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-1
Section 8-7A-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Monetary Transmission Act.
Ala. Code § 8-6-176 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-176
Section 8-6-176 Delay of Disbursement - Authorized
Status: in_force

(a) A broker-dealer or investment adviser may delay a disbursement from an account of a vulnerable adult or an account on which a vulnerable adult is a beneficiary if:

(1) The broker-dealer, investment adviser, or qualified individual reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of a vulnerable adult; and

(2) The broker-dealer or investment adviser:

a. Immediately, but in no event more than two business days after the requested disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the vulnerable adult;

b. Immediately, but in no event more than two business days after the requested disbursement, notifies the department and commission; and

c. Continues its internal review of the suspected or attempted financial exploitation of the vulnerable adult, as necessary, and reports any additional results of the investigation to the department and commission within seven business days after the requested disbursement.

(b) Any delay of a disbursement as authorized by this section expires upon the sooner of:

(1) A determination by the broker-dealer or investment adviser that the disbursement will not result in financial exploitation of the vulnerable adult.

(2) Fifteen business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds, unless either the department or the commission requests that the broker-dealer or investment adviser extend the delay, in which case the delay shall expire no more than 25 business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless sooner terminated by either the department or commission or an order of a court of competent jurisdiction.

(c) A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective relief based on the petition of the commission, department, broker-dealer, or investment adviser that initiated the delay under this section, or other interested party.
Ala. Code § 8-22-1 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-1
Section 8-22-1 Short Title
Status: in_force

This act shall be known and may be cited as the “Motor Fuel Marketing Act.”
Ala. Code § 8-16-15 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-15
Section 8-16-15 Rules and Regulations; Fees
Status: in_force

(a) The Board of Agriculture and Industries shall have the right and power to adopt and promulgate all reasonable and necessary rules and regulations for the better enforcement of the provisions of law relative to weights and measures and the sale of commodities, things, or service by weight or measure, and to establish a fee payable annually by all individuals or entities subject to this section not to exceed one hundred fifty dollars ($150) for reimbursement of expenses incurred in the enforcement of this section which shall be deposited into the Agricultural Fund of the State Treasury. The annual inspection fee for those individuals and entities utilizing measuring devices measuring 30 pounds or less shall be based upon a sliding scale broken into 5 categories based upon the total dollar volume of each individual or entity with the minimum rate not to exceed twenty-five dollars ($25) and the maximum not to exceed one hundred fifty dollars ($150).

(b) The board shall prescribe specifications as to the type of make-up and reasonable variations or tolerances for all weights, measures, and weighing and measuring devices used, offered, exposed for sale, sold, or given away in the state.

(c) Any weight, measure, or weighing or measuring device which does not comply with these specifications or does not conform with the state’s standards within such tolerances shall be a false and incorrect weight, measure, or weighing or measuring device.

(d) The board shall prescribe reasonable rules and regulations for the submission of samples and the examination of type and approval or disapproval of all types of weights or measures or weighing or measuring devices used, offered, or exposed for sale or given away in the state.
Ala. Code § 8-9B-6 — Alabama Code / Title 8 / Chapter 9B / Section 8-9B-6
Section 8-9B-6 Transfer Voidable as to Present Creditor
Status: in_force

(a) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the debtor made the transfer without the debtor receiving a reasonably equivalent value in exchange for the transfer and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer.

(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.

(c) Subject to Section 8-9B-3(b), a creditor making a claim for relief under subsection (a) or (b) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
Ala. Code § 8-1-226 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-226
Section 8-1-226 Severability of Unenforceable Provisions
Status: in_force

In the event any provision or provisions of a covered contract are found by a court of competent jurisdiction to be unenforceable as a matter of law, such provisions shall be severable from the covered contract and shall not affect the enforceability of the remainder of the covered contract.
Ala. Code § 8-26-26 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-26
Section 8-26-26 Records to Be Kept by Athlete Agent
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-6-175 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-175
Section 8-6-175 Notification of Certain Third Parties - Liability
Status: in_force

A qualified individual that, in good faith and exercising reasonable care, complies with Section 8-6-174 shall be immune from any administrative or civil liability that might otherwise arise from such disclosure.
Ala. Code § 8-33-14 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-14
Section 8-33-14 Disposition of Funds; Examination Expenses
Status: in_force

(a) All fees collected pursuant to this chapter shall be paid into the Insurance Department Fund for the enforcement of this chapter.

(b) Each person being examined by the commissioner in the enforcement of this chapter shall be liable for and pay the expenses of the examination as provided in Section 27-2-25.
Ala. Code § 8-26B-13 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-13
Section 8-26B-13 Required Records
Status: in_force

(a) An athlete agent shall create and retain for five years records of the following:

(1) the name and address of each individual represented by the agent;

(2) each agency contract entered into by the agent; and

(3) the direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.

(b) Records described in subsection (a) are open to inspection by the Secretary of State during normal business hours.
Ala. Code § 8-26A-14 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-14
Section 8-26A-14 Prohibited Conduct
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-17-234 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-234
Section 8-17-234 Use of Fireworks by Unlicensed Companies or Individuals
Status: in_force

(a) An unlicensed company or individual that plans to conduct a fireworks display, proximate audience display, flame effects, or other special effects in this state using fireworks shall first hire a licensed pyrotechnic display operator or a pyrotechnic special effects operator to act as license holder and shall comply with all other state and federal laws.

(b) This section shall not apply to a person who is conducting an uncompensated display using only consumer fireworks on private property.
Ala. Code § 8-6-10 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-10
Section 8-6-10 Registration of Securities - Exempt Securities
Status: in_force

Sections 8-6-4 through 8-6-9 shall not apply to any of the following securities:

(1) Any security, including a revenue obligation, issued or guaranteed by the United States, any state, any political subdivision of a state, any agency, corporate, or other instrumentality of one or more of the foregoing; or any certificate of deposit for any of the foregoing.

(2) Any security issued or guaranteed by Canada, any Canadian province, any political subdivision of any province, any agency, corporate, or other instrumentality of one or more of the foregoing or any other foreign government with which the United States currently maintains diplomatic relations if the security is recognized as a valid obligation by the issuer or guarantor.

(3) Any security issued by and representing an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United States or any bank, savings institution, or trust company organized and supervised under the laws of this state.

(4) Any security issued by and representing an interest in, a debt of, or guaranteed by any federal savings and loan association or any building and loan or similar association organized under the laws of this state.

(5) Any security issued or guaranteed by any federal credit union or any credit union, industrial loan association, or similar association organized and supervised under the laws of this state.

(6) Any security issued or guaranteed by any railroad, other common carrier, public utility, or holding company which is any of the following:

a. Subject to the jurisdiction of the Interstate Commerce Commission.

b. A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a company within the meaning of that act.

c. Regulated in respect to its rates and charges by a governmental authority of the United States or any state.

d. Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, any state, Canada, or any Canadian province.

(7) Any national market system security under Section 11A of the Securities Exchange Act of 1934 (including any other security of the same issuer which is of senior or substantially equal rank; any security called for by subscription rights or warrants so designated or approved; and any warrant or right to purchase or subscribe to any of the foregoing) which is so designated or approved for designation upon notice of issuance on an interdealer quotation system operated by a national securities association registered under Section 15A of the Securities Exchange Act of 1934, or any security (including any other security of the same issuer which is of senior or substantially equal rank; any security called for by subscription rights or warrants so designated or approved; and any warrant or right to purchase or subscribe to any of the foregoing) which is listed or approved for listing upon notice of issuance on a national securities exchange registered under Section 6 of the Securities Exchange Act of 1934, if the listing or designation criteria applicable to the issuer of that security provide minimum corporate governance standards substantially equivalent to those applicable to securities on the New York Stock Exchange, the American Stock Exchange, or the National Association of Securities Dealers National Market System as of January 1, 1991. The commission may by order deny, revoke, or suspend the exemption of a specific issue of securities or by rule any category of securities when necessitated by the public interest and for the protection of investors.

(8) Any security issued by any person organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic, or reformatory purposes or as a chamber of commerce, trade, or professional association, provided the issuer first files with the commission a written notice specifying the terms of the offer and the commission does not by order disallow the exemption within 15 days thereof.

(9) Any commercial paper which arises out of a current transaction or the proceeds of which have been or are to be used for current transactions and which evidences an obligation to pay cash within nine months of the date of issuance, exclusive of days of grace, or any renewal of the paper which is likewise limited or any guarantee of the paper or of any renewal.

(10) Any investment contract issued in connection with an employee’s stock purchase, savings, pension, profit-sharing, or similar benefit plan.

(11) A security issued by an issuer registered as an open-end management investment company or unit investment trust under Section 8 of the Investment Company Act of 1940 if:

a. The Securities Commission has received prior to the offer or sale of the securities:

1. A notice of intention to sell which has been executed by the issuer and which sets forth the name and address of the issuer and the description of the securities to be offered in this state; and

2. A nonrefundable filing fee of three hundred fifty dollars ($350) for an open-end management investment company with total net assets of $25,000,000 or less; a nonrefundable filing fee of seven hundred dollars ($700) for an open-end management investment company with total net assets of more than $25,000,000 but less than $100,000,000; a nonrefundable filing fee of one thousand two hundred dollars ($1,200) for an open-end management investment company with total net assets equal to or greater than $100,000,000 but less than $250,000,000; a nonrefundable filing fee of two thousand dollars ($2,000) for an open-end management investment company with total net assets equal to or greater than $250,000,000; or a nonrefundable filing fee of $200 for a unit investment trust. Fees collected under this section shall be deposited in the Alabama Securities Commission Fund in the State Treasury for the use of the Alabama Securities Commission in the administration of this article.

b. In the event any offer or sale of a security of an open-end management investment company is to be made more than 12 months after the date notice under paragraph a. is received by the director, another notice and payment of the applicable fee shall be required.

c. For the purpose of this subdivision an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.
Ala. Code § 8-2-7 — Alabama Code / Title 8 / Chapter 2 / Section 8-2-7
Section 8-2-7 Principal Responsible for Negligence and Omission of Agent in Transacting Agency
Status: in_force

Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.
Ala. Code § 8-16-31 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-31
Section 8-16-31 Term of Office; Salary; Removal; Bond
Status: in_force

(a) Local sealers of weights and measures shall hold office for such terms and receive such salaries as the appointing power may prescribe.

(b) The salary shall be paid out of the county or city treasury, as the case may be, and no fee shall be charged by the local sealer or by the county or city for inspecting, testing or sealing of weights, measures or weighing or measuring devices.

(c) Local sealers may be removed at any time by the authority which appointed them for nonfeasance, misfeasance or malfeasance in office.

(d) The local sealer shall forthwith on his appointment give a bond in such penal sum with such surety as is approved by the appointing power for the faithful performance of the duties of his office.
Ala. Code § 8-12-44 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-44
Section 8-12-44 Penalty for Violation of Article
Status: in_force

Any person violating any provision of this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and may also be sentenced to hard labor for not more than six months.
Ala. Code § 8-12A-4 — Alabama Code / Title 8 / Chapter 12A / Section 8-12A-4
Section 8-12A-4 Enforcement and Licensing of Patent
Status: in_force

Provided that the assertion of patent infringement is not made in bad faith, nothing in this chapter shall be construed to deem it a violation of this chapter for any person who owns or has the right to license or enforce a patent to advise others of that ownership or right of license or enforcement; to communicate to others that the patent is available for license or sale; to notify another of the infringement of that patent pursuant to 35 U.S.C. § 287; or to seek compensation on account of a past or present infringement, or for a license to the patent, when it is reasonable to believe that the person from whom compensation is sought may owe such compensation or may need or want such a license to practice the patent.
Ala. Code § 8-17-243 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-243
Section 8-17-243 Blaster Certification
Status: in_force

(a) Every person engaged in any use of explosives regulated by this article shall apply for and obtain certification from the office prior to using any explosives. No person shall detonate explosive materials or supervise the conduct of blasting operations unless that person has obtained certification from the office.

(b) The following persons are eligible for certification:

(1) Any person who is 21 years of age or older, with not less than two years’ experience as a blaster in this state, may be certified without examination up to one year from October 1, 1993. The applicant shall furnish proof of experience satisfactory to the office.

(2) Any person engaged in any use of explosives regulated by this article on October 1, 1993, shall have one year after October 1, 1993, to obtain a blaster certification required under this article.

(3) After this article has been in effect for one year, any person who is 21 years of age or older with two or more years of experience as a blaster may be certified only by passing a written comprehensive examination given by the office relating to the use of explosives.

(4) Certifications may be granted by the office to any person holding a certification from another state, provided that the requirements for a certification in that state are equivalent to, or more stringent than, those of the State of Alabama, as determined by the State Fire Marshal.

(c) No person may detonate explosive materials or supervise the conduct of a blasting operation unless that person has obtained a certification card from the office.

(d) Each person certified shall pay a one hundred dollars ($100) fee to the office.

(e) Certification shall expire one year following the date of its issuance, or renewal, and shall become invalid unless renewed by payment of the certification fee.
Ala. Code § 8-17-81 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-81
Section 8-17-81 Determination and Adoption of Standards and Methods of Tests; Promulgation of Rules; Effect of Prior Standards
Status: in_force

(a) The Board of Agriculture and Industries shall have the power and duty to:

(1) Determine and adopt standards of minimum specifications for petroleum products, and the various classifications and kinds thereof, as to safety, purity, freedom from objectionable substances, distillation tests, heat-producing qualities, fire tests, and efficiency which are not inconsistent with the specifications for the same products that are published from time to time by the United States Department of Commerce; and

(2) Make changes from time to time in such standards, all as the board may deem necessary to provide for the public safety and to provide that such petroleum products are satisfactory and efficient for the purposes for which they may be sold, offered for sale, stored, or used in the state; provided, that such standards shall not be adopted or altered by the board until after a specified date when any person in interest may appear before the board with reference to such standards.

(b) The Board of Agriculture and Industries shall prescribe the methods of tests to be used in determining whether or not petroleum products are in compliance with such standards as shall be adopted as authorized in this section. Any testing and analysis required to be performed may be performed as provided in Section 2-2-33.

(c) The Board of Agriculture and Industries shall have authority to promulgate rules and regulations necessary to secure the safe handling of petroleum products and other such rules and regulations not inconsistent with the provisions of this division as in the judgment of the board may be necessary to the proper enforcement of this division.

(d) The standards of minimum specifications heretofore promulgated by the Board of Agriculture and Industries pursuant to authorization in either Article 21 of Chapter 1 of Title 2 of the Code of Alabama of 1940, or Division 2 of Article 26 of Chapter 1, shall constitute the standards of minimum specifications applicable under this division until such time as the board shall adopt standards pursuant to the provisions of this division.
Ala. Code § 8-1-222 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-222
Section 8-1-222 Validity and Enforceability of Non-disparagement Obligations
Status: in_force

(a) Non-disparagement obligations in covered contracts, whether unilateral, bilateral, or multilateral, shall be valid and enforceable for any period of time agreed to by the parties.

(b) Except as otherwise prohibited by law, any covered contract between two or more persons or parties obligating one or more parties to the covered contract not to disparage one or more other parties to the covered contract is only enforceable by a civil action where all of the following elements are present:

(1) The covered contract contains language prohibiting one or more of the parties from disparaging one or more of the other parties, and may include specifically named individuals who are affiliated with, are employed by, or are owners of one or more of the parties.

(2) A disparaging statement is made by the person or party who is obligated not to make such statements.

(3) Either of the following occur:

a. The communication of the disparaging statement proximately results in identifiable damage to the plaintiff.

b. The terms of the covered contract automatically activate a liquidated damages provision, as defined in Section 8-1-221.

(c) Nothing in this article creates any cause of action for disparagement at law or equity absent a written non-disparagement obligation in the covered contract between the parties.

(d) Nothing in this article has any effect on any other term, condition, or covenant in a covered contract that is not specifically stated in this article.

(e) Nothing in this article prevents parties from having bilateral, unilateral, or multilateral non-disparagement obligations in other contracts, including, but not limited to, nondisclosure agreements.
Ala. Code § 8-2-8 — Alabama Code / Title 8 / Chapter 2 / Section 8-2-8
Section 8-2-8 Both Principal and Agent Have Notice of Whatever Either Has Notice Of
Status: in_force

As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought in good faith and the exercise of ordinary care and diligence to communicate to the other.
Ala. Code § 8-26-36 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-36
Section 8-26-36 Parties to Action Against Athlete Agent; Transfer and Assignment of Action; Jurisdiction Determined by Damages Claimed
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-6-16 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-16
Section 8-6-16 Administrative Cease and Desist Authority to Commission; Injunctive Relief; Appointment of Receivers or Conservators for Defendants or Defendants’ Assets; Court Ordered Rescission, Restitution, or Disgorgement for Violations
Status: in_force

Whenever it appears to the Securities Commission that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or any rule or order hereunder, it may, in its discretion, do either or both of the following:

(a) Issue a cease and desist order, with or without a prior hearing, against the person or persons engaged in the prohibited activities, directing them to cease and desist from engaging in the act or practice.

(b) Bring an action in its discretion in any court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this article or any rule or order issued hereunder.

Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. In addition, upon a proper showing by the commission, the court may enter an order of rescission, restitution, or disgorgement directed at any person who has engaged in an act constituting a violation of this article or any rule or order adopted or issued pursuant to this article. The Securities Commission shall not be required to post a bond.
Ala. Code § 8-16-56 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-56
Section 8-16-56 Weight Certificate Form; Certificate Deemed Prima Facie Evidence of Weight
Status: in_force

(a) The Commissioner of Agriculture and Industries shall prescribe the form of weight certificate to be used by all public weighmasters in this state.

(b) Such certificate shall state thereon the kind of commodity, produce or article, the number of units of the same, the date of the receipt of the commodity, produce or article, the owner, agent or consignee, the total weight of the commodity, produce or article, the vessel, railroad, team, truck or other means by which the commodity, produce or article was received, any trade or other mark thereon and such other information as may be necessary to distinguish or identify the commodity, produce or article from a like kind.

(c) No certificate other than the one prescribed in this section shall be used by any public weighmaster in this state, and when so made and properly signed, such certificates shall be a prima facie evidence of such weights.
Ala. Code § 8-22-6 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-6
Section 8-22-6 Certain Below Cost Fuel Sales Prohibited
Status: in_force

It shall be unlawful for any person engaged in commerce in this state to sell or offer to sell motor fuel below cost or to sell or offer to sell it at a price lower than the seller charges other persons on the same day and on the same level of distribution, within the same market area, where the effect is to injure competition.
Ala. Code § 8-6-18 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-18
Section 8-6-18 Criminal Penalties for Violations of Article; Enforcement; Scienter
Status: in_force

(a) A person who willfully violates Section 8-6-3 or Section 8-6-4, upon conviction, shall be guilty of a Class C felony. A person that willfully violates subsection (a), (b), or (c) of Section 8-6-17, upon conviction, shall be guilty of a Class B felony. The limitations period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within five years.

(b) A person who willfully violates any provision of this chapter, other than those noted in subsection (a), or a rule adopted or order issued under this chapter, upon conviction, shall be guilty of a Class A misdemeanor.

(c) The enforcement of the provisions of this article shall be vested in the commission. It shall be the duty of the commission to see that its provisions are at all times obeyed and to take such measures and to make such investigations as will prevent or detect the violation of any provision thereof. The commission shall at once lay before the district attorney of the proper county any evidence which shall come to its knowledge of criminality under this article. In the event of the neglect or refusal of the district attorney to institute and prosecute such violation, the commission shall be authorized to proceed therein with all the rights, privileges, and powers conferred by law upon district or court attorneys including the power to appear before grand juries and to interrogate witnesses before such grand juries.

(d) Nothing in this article limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law.

(e) In any proceeding under this article, scienter need not be alleged and proved in prosecutions involving the sale of unregistered securities or in the failure to register as a dealer, agent, investment adviser, or investment adviser representative under this article.
Ala. Code § 8-21B-13 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-13
Section 8-21B-13 Remedies
Status: in_force

Notwithstanding the terms, provisions, or conditions of any dealer agreement, any person who suffers bodily injury, loss of profit, or property damage as a result of a violation of this chapter may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations and to recover the damages sustained by him or her together with the costs of the suit, including a reasonable attorney’s fee. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
Ala. Code § 8-13-17 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-17
Section 8-13-17 Sale Limited to Inventoried Stock; Additions to Inventory
Status: in_force

(a) During any going out of business sale or distress merchandise sale, it shall be unlawful for a licensee to sell, offer for sale, or advertise for sale any goods, wares, or merchandise which were not included in the inventory filed with his application or added to his stock as permitted in this section.

(b) During any licensed going out of business sale or distress merchandise sale, no additions shall be made to the stock of merchandise set forth in the inventory attached to the application for the license; provided, however, that the applicant may add new stock not to exceed 10 percent of the dollar value of the inventory of goods, wares, or merchandise on hand as shown in the inventory attached to the application filed pursuant to this chapter; and provided further, that the addition of 10 percent shall include the goods, wares, or merchandise on order as shown in the application. The purpose of said additions to inventory shall be only to maintain reasonably balanced selections.
Ala. Code § 8-19G-1 — Alabama Code / Title 8 / Chapter 19G / Section 8-19G-1
Section 8-19G-1 Legislative Findings
Status: in_force

The Legislature finds and declares the following:

(1) The pervasive use of pornography is creating a public health crisis.

(2) Pornography is contributing to the hypersexualization of children and teens in our society.

(3) Due to advances in technology and the universal availability of the Internet, young children are more easily exposed to pornography than ever before, with the average age of exposure now being only 11 to 12 years of age.

(4) Pornography treats people as objects and commodities for the viewer’s use.

(5) Pornography normalizes violence and abuse, often depicts rape and abuse as being harmless fun, and increases the demand for sex trafficking, prostitution, and child pornography.

(6) Pornography is a public health crisis leading to a broad spectrum of individual and public health impacts and societal harms. This state has a compelling governmental interest to take action, and this chapter serves as the most narrowly tailored approach to prevent pornography exposure and addiction to minors and to educate individuals and families concerning its very serious harms.
Ala. Code § 8-3-3 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-3
Section 8-3-3 Remedies Given Sureties Not Exclusive
Status: in_force

The remedies given sureties and cosureties in this chapter are not exclusive of other remedies conferred by statute or existing at common law, but are cumulative and additional.
Ala. Code § 8-13-2 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-2
Section 8-13-2 License - Required; Display on Premises of Sale; Display of License Number and Date of Issuance in Advertising
Status: in_force

(a) It shall be unlawful for any person to sell, offer for sale, or advertise for sale at a going out of business sale or a distress merchandise sale any goods, wares, or merchandise, whether it be his property or that of another, unless a license for such sale has been issued pursuant to this chapter and is in effect.

(b) Such license must be displayed in a prominent place on the premises wherein any such sale is being conducted, and the number and date of issue of the license must be displayed in any advertising of the sale.
Ala. Code § 8-12-18 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-18
Section 8-12-18 Remedies
Status: in_force

(a) Any owner of a mark registered under this article may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from, and/or all damages suffered by reason of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action. In assessing profits, the owner shall be required to prove defendant’s sales only; defendant must prove all elements of cost or deduction claimed. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.

(b) In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, up to a trebling of such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive, the court may enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty.

(c) The court may award reasonable attorney fees as follows:

(1) To a prevailing owner in such cases when the court finds the defendant willfully intended infringement or dilution.

(2) To a prevailing defendant in such cases as the Alabama Litigation Accountability Act provides.

(d) The enumeration of any right or remedy in this article shall not affect an owner’s right to prosecute under any penal law of this state.
Ala. Code § 8-15-36 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-36
Section 8-15-36 Rights Provided by Article as Additional to Other Rights Allowed by Law
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-1-4 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-4
Section 8-1-4 Reimbursement for Certain Federal Manufacturer’s Excise Taxes; Option to Tender Payment One Business Day Before Remittance Due to Internal Revenue Service; Notification and Security; Applicability
Status: in_force

(a) A party to a contract required to reimburse another party to the contract for the federal manufacturer’s excise tax levied pursuant to Sections 4081 to 4083, inclusive, and Section 4091 of Title 26 of the United States Code, whether as a separate item or as a part of the price, may tender payment for the taxes one business day prior to the time that the other party is required to remit the taxes to the United States Internal Revenue Service.

(b) If a party elects to make payment pursuant to subsection (a), the party to which the payment is owed may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole. The other party may not change the payment terms of the contract without a valid business reason other than the exercise of the option to be made by electronic transfer of funds.

(c) The party exercising the option in subsection (a) shall notify the other party in writing of the intent to exercise the payment option and the effective date of the exercise which shall not be earlier than 30 days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.

(d) This section shall apply to all contracts existing on June 1, 1996 in which a reimbursement for taxes due has not been made, and to all other contracts entered into or renewed after June 1, 1996. Additionally and specifically, this section shall also apply to contracts arising from daily wholesale price offers which are accepted or rejected by the acceptance or rejection of products at such stated prices. Each daily price offering is a new offer and each purchase of product at a given price offer creates a new contract to which this section applies.

(e) The exercise of an option pursuant to subsection (a) shall not relieve the party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement shall be tendered.
Ala. Code § 8-13-4 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-4
Section 8-13-4 License - Bond Required of Applicant
Status: in_force

(a) Every applicant for a going out of business sale or distress merchandise sale license shall execute and file with the probate judge to whom the application is made a good and sufficient bond in the sum of $2,500 or five percent of the wholesale value of the inventory as set forth in the application, whichever is greater, with two or more sureties thereon, approved by said probate judge or with the surety thereon a surety company authorized to do business in the State of Alabama, which bond in any event shall be approved by said probate judge, payable to the State of Alabama, and shall be conditioned upon faithful observance of all the conditions of this chapter and shall also indemnify any purchaser at such sale who suffers any loss by reason of misrepresentation in said sale.

(b) Such bond shall continue in effect for one year after the termination of the sale for which it is made.

(c) The licensee shall notify the probate judge issuing the license of any action filed as a result of the operation hereby licensed. Any purchaser claiming to have been damaged by misrepresentation in such going out of business sale or distress merchandise sale may maintain an action against the licensee making such misrepresentations and may join as party defendant the surety or sureties on the bond.

(d) If an action is filed by any purchaser or purchasers at a licensed sale within one year after the termination of the sale, the bond shall remain in force and effect until all actions are concluded and the judgment or judgments, if any, paid in full.

(e) In the event the applicant fails to observe all of the provisions of this chapter in conducting such sale for which the bond is given, the bond will be deemed to be forfeited, and any district attorney of the State of Alabama may recover in an action in the circuit court of the county in which the bond was given the amount of the bond from applicant and his sureties for the use and benefit of the State of Alabama.
Ala. Code § 8-31-1 — Alabama Code / Title 8 / Chapter 31 / Section 8-31-1
Section 8-31-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Unconscionable Pricing Act.”
Ala. Code § 8-42-3 — Alabama Code / Title 8 / Chapter 42 / Section 8-42-3
Section 8-42-3 Application of Chapter; Liens; Unfair Service Agreements
Status: in_force

(a) For purposes of this section the following terms have the following meanings:

(1) RECORDING. Presenting a document to a county judge of probate for official placement in the public land records.

(2) RESIDENTIAL REAL ESTATE. Real property located in this state which is used primarily for a dwelling and contains one to four dwelling units.

(3) SERVICE AGREEMENT. A contract under which a person agrees to provide services in connection with the purchase or sale of residential real estate.

(4) SERVICE PROVIDER. An individual or entity that provides services to another party under a service agreement.

(5) UNFAIR SERVICE AGREEMENT. A service agreement in which the services subject to the agreement are not performed within one year after the date upon which the agreement commences and provides any of the following:

a. Purports to run with the land or to be binding on future owners of interests in the real property.

b. Allows for assignment of the right to provide the service without notice and agreement of the owner of residential real estate.

c. Purports to create a lien, encumbrance, or other real property security interest.

(b) This chapter does not apply to any of the following:

(1) A home warranty or other type of similar product that covers the cost of maintenance of a major housing system, such as plumbing or electrical wiring, for a set period of time from the date a house is sold.

(2) An insurance contract.

(3) An option to purchase or right of refusal to purchase real estate.

(4) A maintenance or repair agreement entered into by a homeowners’ association in a common interest community.

(5) Agreements to manage residential real estate.

(6) A declaration of any covenants, conditions, or restrictions created in the formation of a homeowners’ association, a group of condominium owners, or other common interest community, or an amendment to the declaration.

(7) A mortgage loan or commitment to make or receive a mortgage loan.

(8) A security agreement under Alabama’s Uniform Commercial Code, relating to the sale or rental of personal property or fixtures.

(9) Water, sewer, electrical, telephone, cable, or other regulated utility service providers.

(c) This section does not impair the rights granted by a mechanic’s or materialman’s lien under Division 8 of Article 5 of Chapter 11 of Title 35 or by another judicially imposed lien.

(d) If a service agreement is unfair under this section, it is unenforceable.

(e) If a person enters into an unfair service agreement with a consumer, that agreement shall be deemed a deceptive act under the Deceptive Trade Practices Act, commencing with Section 8-19-1.

(f)(1) No person shall record or cause to be recorded an unfair service agreement, or notice or memorandum of an unfair service agreement in the state.

(2) If an unfair service agreement is recorded in this state, it shall not provide actual or constructive notice against an otherwise bona fide purchaser of the residential real property to which it pertains, or against a creditor with a security interest in the residential real property to which it pertains.

(3) A service provider who records or causes to be recorded an unfair service agreement or notice or memorandum thereof in this state is liable to an affected party in the amount of ten thousand dollars ($10,000) in statutory damages.

(g) If an unfair service agreement, or notice or memorandum of an unfair service agreement, is recorded in the state, any party with an interest in the residential real property to which it pertains may take either or both of the following actions:

(1) Apply to the circuit court in the county where the recording exists to seek a court order declaring the agreement is void and of no effect.

(2) In addition to the statutory damages described in subdivision (f)(3), recover actual damages, plus costs and attorney fees as may be proven against the service provider who recorded the agreement.
Ala. Code § 8-34-4 — Alabama Code / Title 8 / Chapter 34 / Section 8-34-4
Section 8-34-4 Retention of Items; Payment; Purchase from Persons Under 18 Years of Age
Status: in_force

(a) Any item purchased shall be held in the same shape and form as receipted for in the dealer’s custody for 15 business days after delivering the list to the local law enforcement agency as required under this chapter.

(b) Payment to the seller shall be by check only, made payable to a named actual intended seller.

(c) It is presumptive evidence of intent to violate this chapter if the items purchased are not listed or fail to agree with the description contained in the required list.

(d) On notification by a law enforcement agency or district attorney’s office that the items purchased are the fruits of a crime, the dealer may not dispose of those items.

(e) A dealer may not purchase items from any person under 18 years of age unless the person is accompanied by a parent or guardian who shall submit identification as required under this chapter.
Ala. Code § 8-13-12 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-12
Section 8-13-12 License - Duration of License; Sale Prohibited Between November 15 and December 31; Extension of License
Status: in_force

A license for a going out of business sale or distress merchandise sale shall be limited to a period of 30 consecutive business days, exclusive of Sundays and legal holidays. No license shall be issued for a period that will include any of the days between November 15 through December 31, inclusive, and no going out of business sale or distress merchandise sale may be conducted during that period. If a licensee does not sell the quantity of goods, wares, or merchandise permitted under this chapter, he may apply for, and the probate judge may grant an extension of 30 days upon good cause shown.
Ala. Code § 8-17-250 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-250
Section 8-17-250 Variations from Requirements
Status: in_force

(a) The office may approve variations from the requirements of this article where it finds, as the result of a written request, that an emergency exists and that the proposed variations:

(1) Are reasonable and necessary.

(2) Will not hinder the effective administration of the article.

(3) Will not be contrary to any other applicable state or federal law.

(4) Will not cause injury to any person or damage to public or private property.

(5) Are ordered by a circuit or district court judge after a hearing upon the record of the finding of the office.

(b) The office shall establish a fee not to exceed $50 to be paid by each applicant requesting a variation.
Ala. Code § 8-26-31 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-31
Section 8-26-31 Disclosure of Athlete Agent’s Interest in Entity Used in Giving Investment Advice
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-13-13 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-13
Section 8-13-13 License - Revocation or Suspension
Status: in_force

The probate judge issuing a license for a going out of business sale or distress merchandise sale may revoke or suspend the same if any licensee sells, offers for sale, or advertises for sale any goods, wares, or merchandise in addition to those specified under Section 8-13-17, violates any of the provisions of this chapter or any other law relating to the business so licensed or otherwise fails to comply with the terms of this chapter.
Ala. Code § 8-19I-4 — Alabama Code / Title 8 / Chapter 19I / Section 8-19I-4
Section 8-19I-4 Certain Guarantees Prohibited; Excessive or Unreasonable Fees
Status: in_force

(a) A person advising or assisting individuals pursuant to this chapter may not guarantee, either directly or by implication, that any individual is certain to receive specific veterans benefits or that any individual is certain to receive a specific level, percentage, or amount of veterans benefits.

(b) A person advising or assisting individuals pursuant to this chapter may not receive excessive or unreasonable fees as compensation.
Ala. Code § 8-15-37 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-37
Section 8-15-37 Effect of Other Laws Governing Rights of Creditors and Landlords Against Debtors and Tenants
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-17-190 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-190
Section 8-17-190 Weighing or Metering of Liquefied Petroleum Gas Upon Purchase; Issuance to Purchaser or Agent of Invoice as to Amount Purchased
Status: in_force

(a) All liquefied petroleum gas which is purchased from gas fields in Alabama shall be either metered or weighed and an invoice showing the amount of gas purchased shall be given to the purchaser or his agent.

(b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor.
Ala. Code § 8-17-174 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-174
Section 8-17-174 Penalty for Violation of Article
Status: in_force

(a) Any failure to label any article as specified in this article, any erasures, defacements or carelessness in printing or stamping labels, any statement regarding the composition of any article as required or any statements of any kind which are misleading or deceptive or which are not true shall constitute a misdemeanor.

(b) Any person violating any other provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500 and may also be sentenced to hard labor for not more than six months.
Ala. Code § 8-17-274 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-274
Section 8-17-274 Fire Standards Compliant Marking
Status: in_force

(a) Cigarettes that are certified by a manufacturer in accordance with Section 8-17-273 shall be marked to indicate compliance with the requirements of Section 8-17-272. The marking shall be in eight point type or larger and consist of the letters FSC, which signifies Fire Standards Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code.

(b) A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages including, but not limited to, packs, cartons, cases, and brands marketed by that manufacturer.

(c) Manufacturers certifying cigarettes in accordance with Section 8-17-273 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the State Fire Marshal, the Department of Revenue, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section.
Ala. Code § 8-26-8 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-8
Section 8-26-8 Revocation or Suspension of Registration; Procedure; Reinstatement
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-22-2 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-2
Section 8-22-2 Legislative Findings
Status: in_force

The Legislature makes the following findings with respect to the marketing of motor fuel in Alabama:

(1) Marketing of motor fuel is affected with the public interest.

(2) Unfair competition in the marketing of motor fuel occurs whenever costs associated with the marketing of motor fuel are recovered from other operations, allowing the refined motor fuel to be sold at subsidized prices. Such subsidies most commonly occur in one of three ways: when refiners use profits from refining of crude oil to cover below normal or negative returns earned from motor fuel marketing operations; and where a marketer with more than one location uses profits from one location to cover losses from below-cost selling of motor fuel at another location.

(3) Independent motor fuel marketers (i.e., dealers, distributors, jobbers, and wholesalers) are unable to survive predatory subsidized pricing at the marketing level by persons when all of an independent’s income comes from marketing operations.

(4) Subsidized pricing is inherently predatory and is reducing competition in the petroleum industry, and if it continues unabated, will ultimately threaten the consuming public.
Ala. Code § 8-21C-7 — Alabama Code / Title 8 / Chapter 21C / Section 8-21C-7
Section 8-21C-7 Duties of Warrantors; Warranty Claims
Status: in_force

(a) Each warrantor shall do all of the following:

(1) Specify in writing each of its dealer obligations, if any, for preparation, delivery, and warranty service on its products.

(2) Compensate a dealer for warranty service required of the dealer by the warrantor.

(3) Provide a dealer the schedule of compensation to be paid and the time allowances for the performance of any work and service. The schedule of compensation shall include reasonable compensation for diagnostic work as well as warranty labor.

(b) Time allowances for the diagnosis and performance of warranty labor shall be reasonable for the work to be performed. In the determination of what constitutes reasonable compensation under this section, the principal factors to be given consideration shall be the actual wage rates being paid by the dealer and the actual retail labor rate being charged by the dealers in the community in which the dealer is doing business. The compensation of a dealer for warranty labor may not be less than the lowest retail labor rates actually charged by the dealer for like non-warranty labor as long as such rates are reasonable.

(c) The warrantor shall reimburse the dealer for warranty parts at actual wholesale cost plus a minimum 30 percent handling charge and the cost, if any, of freight to return warranty parts to the warrantor.

(d) Warranty audits of dealer records may be conducted by the warrantor on a reasonable basis, and dealer claims for warranty compensation may not be denied except for cause, such as performance of non-warranty repairs, material noncompliance with the warrantor’s published policies and procedures, lack of material documentation, fraud, or misrepresentation.

(e) The dealer shall submit warranty claims within 30 days after completing work.

(f) The dealer shall immediately notify the warrantor in writing if the dealer is unable to perform any warranty repairs within 10 days of receipt of verbal or written complaints from a consumer.

(g) The warrantor shall disapprove warranty claims in writing within 30 days after the date of submission by the dealer in the manner and form prescribed by the warrantor. Claims not specifically disapproved in writing within 30 days shall be construed to be approved and shall be paid within 60 days of submission.

(h) It is a violation of this chapter for any warrantor to do any of the following:

(1) Fail to perform any of its warranty obligations with respect to its warranted products.

(2) Fail to include, in written notices of factory campaigns to recreational vehicle owners and dealers, the expected date by which necessary parts and equipment, including tires and chassis or chassis parts, will be available to dealers to perform the campaign work. The warrantor may ship parts to the dealer to effect the campaign work, and, if such parts are in excess of the dealer’s requirements, the dealer may return unused parts to the warrantor for credit after completion of the campaign.

(3) Fail to compensate any of its dealers for authorized repairs effected by the dealer of merchandise damaged in manufacture or transit to the dealer, if the carrier is designated by the warrantor, factory branch, distributor, or distributor branch.

(4) Fail to compensate any of its dealers in accordance with the schedule of compensation provided to the dealer pursuant to this section if performed in a timely and competent manner.

(5) Intentionally misrepresent in any way to purchasers of recreational vehicles that warranties with respect to the manufacture, performance, or design of the vehicle are made by the dealer as warrantor or co-warrantor.

(6) Require the dealer to make warranties to customers in any manner related to the manufacture of the recreational vehicle.

(i) It is a violation of this chapter for any dealer to do any of the following:

(1) Fail to perform pre-delivery inspection functions, as specified by the warrantor, in a competent and timely manner so long as there are specific instructions from the manufacturer.

(2) Fail to perform warranty service work authorized by the warrantor in a reasonably competent and timely manner on any transient customer’s vehicle of the same line-make.

(3) Fail to accurately document the time spent completing each repair, the total number of repair attempts conducted on a single unit, and the number of repair attempts for the same repair conducted on a single vehicle.

(4) Fail to notify the warrantor within 10 days of a second repair attempt which impairs the use, value, or safety of the vehicle.

(5) Fail to maintain written records, including a consumer’s signature, regarding the amount of time a unit is stored for the consumer’s convenience during a repair.

(6) Make fraudulent warranty claims or misrepresent the terms of any warranty.
Ala. Code § 8-7-9 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-9
Section 8-7-9 License Fees
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-19J-3 — Alabama Code / Title 8 / Chapter 19J / Section 8-19J-3
Section 8-19J-3
Status: in_force

app store provider shall do all of the following when an individual is determined to be a minor pursuant to Section 8-19J-2:

(1) Require the account to be affiliated with a parent account.

(2) Obtain verifiable parental consent from the holder of the affiliated parent account before allowing the minor to: (i) download an app; (ii) purchase an app; or (iii) make an in-app purchase.

(3) Provide a mechanism for the holder of the affiliated parent account to withdraw consent and notify developers when the holder of a parent account withdraws consent.
Ala. Code § 8-18-5 — Alabama Code / Title 8 / Chapter 18 / Section 8-18-5
Section 8-18-5 Bidding Procedures
Status: in_force

(a) If bids are solicited from exhibitors for the licensing of a motion picture within the state, then:

(1) The invitation to bid shall specify:

a. Whether the run for which the bid is being solicited is a first, second or subsequent run; whether the run is an exclusive or nonexclusive run; and the geographic area for the run;

b. The names of all exhibitors who are being solicited;

c. The date and hour the invitation to bid expires; and

d. The time, date and the location, including the address, where the bids will be opened.

(2) All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and are present at such time.

(3) Immediately upon being opened, the bids shall be subject to examination by exhibitors, or their agents, who submitted bids, and who are present at the opening. Within 10 business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids were acceptable.

(b) Once bids are solicited, the distributor shall license the picture only by bidding and may solicit rebids if he does not accept any of the submitted bids.
Ala. Code § 8-2-1 — Alabama Code / Title 8 / Chapter 2 / Section 8-2-1
Section 8-2-1 Authority of Agents Generally
Status: in_force

Every agent has actually such authority as is defined by this chapter, unless specially deprived thereof by his principal, and has even then such authority ostensibly, except as to persons who have actual or constructive notice of the restrictions upon his authority.
Ala. Code § 8-19I-8 — Alabama Code / Title 8 / Chapter 19I / Section 8-19I-8
Section 8-19I-8 Applicability
Status: in_force

The provisions of this chapter shall not apply to an attorney accredited by the federal government pursuant to 38 C.F.R. § 14.629.
Ala. Code § 8-17-246 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-246
Section 8-17-246 Records to Be Maintained on Blasting Operations
Status: in_force

(a) A record of each blast shall be kept in accordance with rules and regulations promulgated by the office.

(b) It is unlawful for any person to make any false entry in any record required to be kept by this section.
Ala. Code § 8-26A-16 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-16
Section 8-26A-16 Civil Remedies
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-19A-2 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-2
Section 8-19A-2 Liberal Construction
Status: in_force

The provisions of this chapter shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry.
Ala. Code § 8-31-4 — Alabama Code / Title 8 / Chapter 31 / Section 8-31-4
Section 8-31-4 Determination of Unconscionable Price During a State of Emergency
Status: in_force

It is prima facie evidence that a price is unconscionable if any person, during a state of emergency declared pursuant to the powers granted to the Governor in Section 31-9-8, charges a price that exceeds, by an amount equal to or in excess of 25 percent the average price at which the same or similar commodity or rental facility was obtainable in the affected area during the last 30 days immediately prior to the declared state of emergency and the increase in the price charged is not attributable to reasonable costs incurred in connection with the rental or sale of the commodity. For purposes of this section, the term “affected area” means any area specified as an affected area in a proclamation by the Governor or a joint resolution by the Legislature issued pursuant to Section 31-9-8(a).
Ala. Code § 8-17-239 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-239
Section 8-17-239 Construction of Article
Status: in_force

This article shall be read in pari materia with Article 8, commencing with Section 8-17-210, of Chapter 17, Title 8.
Ala. Code § 8-26-27 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-27
Section 8-26-27 Maintenance of Financial and Business Records; Access to Records by Commission; Subpoena Power
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-22-18 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-18
Section 8-22-18 Prima Facie Showing of Violation of Chapter
Status: in_force

In any action brought under Sections 8-22-15, 8-22-16 or 8-22-17, upon a prima facie showing of a violation, the burden of rebutting the prima facie case thus made by showing justification shall shift to the defendant. A prima facie showing of a violation shall be constituted if the plaintiff shows:

(1) That the plaintiff’s purchase price from a refiner or wholesaler is greater than said refiner’s transfer price; or

(2) That the plaintiff’s purchase price from a refiner or wholesaler plus the plaintiff’s cost of doing business is greater than said refiner’s or wholesaler’s retail posted sales price; or

(3) That the plaintiff’s basic cost of motor fuel plus the plaintiff’s cost of doing business is greater than the posted sales price at a retail location of a competitor, within the plaintiff’s marketing area, suspected of selling motor fuel in violation of this chapter.
Ala. Code § 8-6-190 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-190
Section 8-6-190 Short Title
Status: in_force

This article shall be known and may be cited as the Elderly and Vulnerable Adult Financial Protection Act of 2021.
Ala. Code § 8-16-102 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-102
Section 8-16-102 Cornmeal and Grits to Be Sold in Five to 200 Pound Packages; Exceptions
Status: in_force

(a) No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state cornmeal or grits in packages of sizes other than five pounds, 10 pounds, 25 pounds, 50 pounds, 100 pounds and 200 pounds; provided, that any person may weigh and sell from bulk cornmeal or grits any number of pounds desired by a customer on order and provided further, that any person may sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state cornmeal or grits in weight packages weighing less than five pounds.

(b) For the purpose of this section, the term “cornmeal” shall be deemed to include all products in the form of meal or grits derived from corn, with or without additional processing, such as bolting, degerming or refining, and all mixtures of same with chemicals and other modifying agents.
Ala. Code § 8-12-17 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-17
Section 8-12-17 Injunctive Relief; Famous Marks
Status: in_force

(a) Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person’s commercial use of a mark, if such use begins after the famous mark has become famous and is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section.

(b) A mark is famous if it is widely recognized by the general consuming public of this state or a significant geographic area in this state as a designation of source of the goods or services or the business of the mark’s owner. In determining whether a mark is famous, a court may consider factors such as, but not limited to:

(1) The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties.

(2) The amount, volume, and geographic extent of sales offered under the mark in this state.

(3) The extent of actual recognition of the mark in this state or a significant geographic area in this state.

(4) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register under the Trademark Act of 1946, as amended.

(c) In an action brought under this section, the owner of a famous mark shall be entitled to injunctive relief throughout the geographic area in which the mark is found to have become famous prior to commencement of the junior use, but not beyond the borders of this state. If the person against whom the injunctive relief is sought willfully intended to cause dilution of the famous mark, then the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.

(d) The following shall not be actionable under this section:

(1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person’s own goods or services or business, including use in connection with:

a. Advertising or promotion that permits consumers to compare goods or services or businesses; or

b. Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services or business of the famous mark owner.

(2) Noncommercial use of the mark and all forms of news reporting and news commentary.
Ala. Code § 8-16-53 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-53
Section 8-16-53 Rights and Duties; Compensation Not to Be Paid by State
Status: in_force

The rights and duties of all weighmasters shall be prescribed by the Commissioner of Agriculture and Industries with the approval of the State Board of Agriculture and Industries. Such weighmasters shall not receive compensation from the state for the duties so performed.
Ala. Code § 8-26-13 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-13
Section 8-26-13 Setting of Fees by Commission
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-16-4 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-4
Section 8-16-4 Contracts Construed According to Standards Ascertained by Congress
Status: in_force

All contracts made within this state for any work to be done or for anything to be sold or delivered must be construed to have been according to the standard of weight and measure ascertained by Congress, unless the parties stipulate to the contrary.
Ala. Code § 8-34-7 — Alabama Code / Title 8 / Chapter 34 / Section 8-34-7
Section 8-34-7 Application
Status: in_force

This chapter does not apply to any person who purchases precious items from a retail merchant, pawnbroker licensed by the Alabama State Banking Department, manufacturer, or wholesale dealer.
Ala. Code § 8-4-3 — Alabama Code / Title 8 / Chapter 4 / Section 8-4-3
Section 8-4-3 Applicability of Rate of Exchange in Determining Amount Due and Damages for Nonpayment
Status: in_force

(a) If the amount in a bill of exchange specified is expressed in money of the United States, the amount due thereon and the damages allowed for the nonpayment thereof must be ascertained at the time of the demand of payment or notice of nonpayment without reference to the rate of exchange between this state and the place on which such bill was drawn.

(b) If the amount in a bill of exchange specified is expressed in money or currency of any foreign country, then the amount due, exclusive of the damages payable thereon, must be ascertained and determined by the rate of exchange, or the value of such foreign currency at the time of the demand of payment.
Ala. Code § 8-41-2 — Alabama Code / Title 8 / Chapter 41 / Section 8-41-2
Section 8-41-2 Information Required from High-Volume Third Party Sellers; Duties of Online Marketplace
Status: in_force

(a) An online marketplace shall require any high-volume third-party seller on its platform, not later than 10 days after qualifying as such, to provide all of the following information to the online marketplace:

(1) A bank account number or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third-party seller. This information may be provided by the high-volume third-party seller to the online marketplace or to a third party contracted by the online marketplace to maintain the information; provided, however, that the online marketplace ensures that it can obtain the information on demand from the third party.

(2) Contact information, which shall include either of the following:

a. If the high-volume third-party seller is an individual, the individual’s name.

b. If the high-volume third-party seller is not an individual, either of the following:

1. A copy of a valid government issued identification for an individual acting on behalf of a seller that includes the individual’s name.

2. A copy of a valid government issued record or tax document that includes the business name and physical address of the high-volume third-party seller.

(3) A business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.

(4) A current working email address and telephone number for the high-volume third-party seller.

(b) An online marketplace shall do both of the following for each high-volume third-party seller on its platform:

(1) Periodically, but not less than annually, provide notification of the requirement to keep current the information required under subsection (a).

(2) Require the high-volume third-party seller, not later than 10 days after receiving the notice provided under subdivision (1), to submit electronic certification of either of the following:

a. That there have been changes to the information required to be provided under subsection (a). If there have been changes to the information required to be provided, the high-volume third-party seller shall update the information in its certified response.

b. That there have been no changes to the information required to be provided under subsection (a).

(c) In the event that a high-volume third-party seller does not provide the information or certification required under subsection (a) or (b), the online marketplace, after providing the seller with written or electronic notice and an opportunity to provide the information or certification not later than 10 days after the issuance of the notice, shall suspend any future sales activity of the seller until the seller provides the required information or certification.

(d)(1) An online marketplace shall verify both of the following:

a. The information and documents required to be provided under subsection (a) have been received not later than 10 days after receipt of notification under subdivision (b)(1).

b. Any change in the information or to the documents has been received not later than 10 days after being notified of the change by a high-volume third-party seller under subsection (b).

(2) If a high-volume third-party seller provides a copy of a valid government issued tax document, any information contained within the tax document shall be presumed to be verified as of the date the document was issued.
Ala. Code § 8-17-231 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-231
Section 8-17-231 Regulation and Licensing of Pyrotechnic Displays
Status: in_force

(a) The State Fire Marshal shall regulate pyrotechnic displays and shall issue pyrotechnic display operator and pyrotechnic special effects operator licenses as provided in this article.

(b) A person may not provide a fireworks display without a pyrotechnic display operator license. An applicant for a pyrotechnic display operator license shall submit all of the following to the State Fire Marshal:

(1) Proof that the applicant is 21 years of age at the time of application.

(2) Proof of successful completion, with a passing score of 75 percent or greater, of an eight-hour training program approved by the State Fire Marshal for pyrotechnic display operators. The training program test shall be given under the supervision of a person appointed by the State Fire Marshal.

(3) Verifiable evidence of safe performances in active participation as a co-lead for at least six fireworks displays under the direct supervision of a competent licensed pyrotechnic display operator.

(4) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.

(5) An application fee of one hundred twenty dollars ($120).

(c) Each pyrotechnic display operator licensee requesting renewal of his or her license shall submit proof of all of the following to the State Fire Marshal:

(1) Completion of an eight-hour continuing education training program approved by the State Fire Marshal for pyrotechnic display operators within the two-year license period. The training program shall be taught by an organization, display company, or individual approved by the State Fire Marshal.

(2) Active participation as a pyrotechnic display operator in the safe performance of at least two fireworks displays within the two-year license period.

(3) Proof of a current Employer Possessor Letter of Clearance issued to the individual by the Bureau of Alcohol, Tobacco and Firearms.

(4) A signed affidavit stating that the licensee has committed no felonies within the two-year license period.

(5) A renewal fee of one hundred twenty dollars ($120).

(d) A pyrotechnic display operator license shall expire two years after issuance, unless renewed before expiration.
Ala. Code § 8-43-3 — Alabama Code / Title 8 / Chapter 43 / Section 8-43-3
Section 8-43-3 Policies and Procedures Governing the Collection, Use, Maintenance, and Disclosure of Genetic Data; Consumer Consent Requirements
Status: in_force

(a)(1) A genetic testing company shall prominently display to a consumer complete information regarding the company’s policies and procedures governing the collection, use, maintenance, and disclosure of genetic data in plain language, including all of the following:

a. A privacy policy overview that includes basic information about the company’s collection, use, or disclosure of genetic data.

b. A privacy policy notice that sets forth the complete text of the company’s collection, consent, use, access, disclosure, transfer, security, retention, and deletion policies or practices.

c. A clear and complete notice that the consumer’s genetic data may be included in deidentified data shared or disclosed by the company to a third party for research in compliance with the U.S. Department of Health and Human Services policy for the protection of human subjects, 45 C.F.R. Part 46.

d. A clear description of how to file a complaint alleging a violation of this chapter.

(2) A genetic testing company shall obtain the consumer’s initial express consent for all of the following:

a. Use of the biological sample and resulting genetic data to provide the product or service ordered by the consumer.

b. Identification of who may have access to the biological sample, genetic data, and test results, including a contractor, in order to fulfill the consumer’s order.

c. Permission to retain the biological sample and genetic data for future testing for other products or services offered by the company.

d. Acknowledgment that the company may seek express consent in the future to transfer the biological sample or disclose the genetic data to a third party other than a contractor for a reason other than fulfillment of an order for the company’s products or services.

(3) A genetic testing company shall obtain the consumer’s express consent every time the company does any of the following:

a. Transfers the biological sample or discloses the genetic data to a third party other than a contractor for a reason other than fulfillment of an order for the company’s products or services.

b. Uses the biological sample or genetic data for a purpose other than the company’s products or services ordered by the consumer.

c. Markets to a consumer based on the consumer’s genetic data, or markets to a consumer by a third party based on the consumer having ordered or purchased a genetic testing product or service. Marketing does not include the provision of customized content or offers on websites or through the applications or services provided by the direct-to-consumer genetic testing company with the first-party relationship to the consumer.

(4) A genetic testing company shall obtain the consumer’s informed consent to transfer the biological sample or disclose the consumer’s genetic data in compliance with 45 C.F.R. Part 46, in the following cases:

a. For independent research conducted by a third party.

b. For research conducted under the sponsorship of the genetic testing company for the purpose of product or service research and development, scientific publication, or promotion of the company.

(5)a. A genetic testing company shall provide a process for the consumer to do all of the following:

1. Access the consumer’s genetic data.

2. Delete the consumer’s account.

3. Request the destruction of the consumer’s biological sample and genetic data.

4. Revoke any express or informed consent given.

b. 1. If the consumer requests the destruction of the consumer’s biological sample and genetic data, the company shall comply with the request as soon as reasonably possible, but no more than 30 days after the request is made.

2. If the consumer revokes any express or informed consent given that resulted in the transfer of the consumer’s biological sample or disclosure of the consumer’s genetic data to a third party, the company shall secure the return of the biological sample and the genetic data as soon as reasonably possible, but no more than 60 days after the revocation is tendered.

(b) A genetic testing company may disclose a consumer’s genetic data to any law enforcement agency pursuant to a valid legal process. When a law enforcement agency requests data from a genetic testing company, the company shall not disclose the existence of the valid legal process or the fact of the company’s compliance specifically to the party to whom the valid legal process pertains. Nothing in this subsection shall prevent a company from publishing a transparency report that details the number and types of law enforcement requests received and the number of times categories of information are shared, nor prevent a company from complying with other laws or policies, including a company’s privacy policy.

(c) A genetic testing company may not do any of the following without a consumer’s express written consent:

(1) Disclose a consumer’s genetic data to any person issuing health, life, disability, or long-term care insurance.

(2) Disclose a consumer’s genetic data to any employer or prospective employer of the consumer.
Ala. Code § 8-6-148 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-148
Section 8-6-148 Transfer on Death
Status: in_force

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this article and is not testamentary.

(b) This article does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
Ala. Code § 8-17-280 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-280
Section 8-17-280 Federal Preemption
Status: reserved

This article shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this article is adopted and becomes effective.
Ala. Code § 8-13-7 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-7
Section 8-13-7 License - License Issued Only to Bona Fide Merchant
Status: in_force

No license for a going out of business sale or a distress merchandise sale shall be issued except to a bona fide licensed merchant of the State of Alabama, and no such license shall be granted to an applicant who sets up an establishment or who acquires an interest in an establishment solely or principally for the purpose of conducting a going out of business sale or distress merchandise sale.
Ala. Code § 8-23-4 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-4
Section 8-23-4 Health Studio Services Contracts - Composition
Status: in_force

Every contract for the sale of health studio services shall contain the following:

(1) Provisions for the penalty-free cancellation of the contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract’s term or, if appropriate, the number of occasions health studio services are to be rendered, into the total contract price and multiplying the result by the number of complete days that have passed since the contract’s making or, if appropriate, by the number of occasions that health studio services have been rendered.

(2) Provision for the cancellation of the contract if the health studio goes out of business and fails to provide facilities within five miles or moves its facilities more than five miles from the location designated in such contract, upon written notice by the buyer, with refund upon such notice of funds paid or accepted in payment of the contract or in an amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term.

(3) Provision for the cancellation of the contract if the buyer dies or becomes totally and permanently disabled during the membership term following the date of such contract, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term. The contract may require a buyer or the buyer’s estate seeking relief under this subsection to provide reasonable proof of total and permanent disability or death.

(4) Provision that period over which the contract is financed shall not be for a period in excess of 24 months.

(5) Buyer has the right to rescind this agreement within a 30-day period after the facility becomes fully operational if there has been any misrepresentation concerning the facilities that would be available to said buyer.

(6) Provision that in the event that buyer moves out of town and there exists no affiliated facility within a 15-mile radius of buyer’s new location the contract or membership agreement may be cancelled at buyer’s option. On an installment sales contract a pro rata refund must be available at buyer’s option.
Ala. Code § 8-19K-9 — Alabama Code / Title 8 / Chapter 19K / Section 8-19K-9
Section 8-19K-9
Status: in_force

(a) A developer shall do all of the following:

(1) Verify through the app store’s data sharing methods: (i) the age category of users located in this state; and (ii) for a minor account, whether verifiable parental consent has been obtained.

(2) Notify app store providers of any significant change to an app.

(3) Limit use of age category data received from an app store provider to: (i) enforce developer-created age-related restrictions, protections, or defaults; (ii) ensure compliance with applicable laws or regulations; or (iii) implement safety-related features or defaults.

(4) Request age category data or verifiable parental consent in all of the following scenarios:

a. Whenever an account holder does any of the following:

1. Downloads an app.

2. Purchases an app.

3. Launches a pre-installed app for the first time.

b. When implementing a significant change to an app.

c. To comply with applicable law.

(5) When implementing any developer-created age-related restrictions, safety-related features, or defaults, use the lowest age category indicated by either: (i) age category data received through the app store’s data sharing methods; or (ii) age data independently collected by the developer.

(b) A developer may request age category data in any of the following scenarios:

(1) No more than once during each 12-month period to verify either of the following:

a. The accuracy of age category data associated with an account holder.

b. Continued account use within the age category.

(2) When there is reasonable suspicion of either of the following:

a. Account transfer.

b. Misuse outside of the age category.

(3) At the time an account holder creates a new account with the developer.

(c) A developer may not do any of the following:

(1) Enforce a contract or terms of service against a minor unless the developer has verified through the app store provider that verifiable parental consent has been obtained.

(2) Knowingly misrepresent any information in the parental consent disclosure.

(3) Share age category data with any person.
Ala. Code § 8-31-3 — Alabama Code / Title 8 / Chapter 31 / Section 8-31-3
Section 8-31-3 Prohibition of Unconscionable Pricing During Declared State of Emergency
Status: in_force

It is unlawful and a violation of Section 8-19-5 for any person or entity to impose unconscionable prices for the sale or rental of any commodity, the rental of any facility, or the provision of any service during the period of a declared state of emergency for any time periods and in any affected areas specified in a proclamation by the Governor or a joint resolution of the Legislature issued pursuant to Section 31-9-8(a).
Ala. Code § 8-6-11 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-11
Section 8-6-11 Registration of Securities - Exempt Transactions
Status: in_force

(a) Except as hereinafter in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of the following transactions:

(1) Any isolated nonissuer transaction, whether effected through a dealer or not;

(2) Any nonissuer transaction in an outstanding security by a registered dealer if:

a. The issuer has a class of securities subject to registration under Section 12 of the Securities Exchange Act of 1934 and has been subject to the reporting requirements of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days before the transaction; or has filed and maintained with the commission for not less than 180 days before the transaction information, in such form as the commission, by rule, specifies, substantially comparable to the information which the issuer would be required to file under Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the securities have been the subject of an effective registration statement within 180 days before the transaction, or the issuer is required to file and has filed all reports under Section 13 of the Securities Exchange Act of 1934, or the issuer is exempted from registration by Section 12(g)(3) of the Securities Exchange Act of 1934, it or its predecessor in interest has been in existence for at least five years, the security is listed for trading on a foreign securities exchange and has been trading for at least six months and continues to trade on such exchange, and the aggregate market value of shares, the ownership of which is unrestricted, is not less than $500,000,000; or

b. The issuer is an investment company registered under the Investment Company Act of 1940 and has been subject to the reporting requirements of Section 30 of that act for not less than 180 days before the transaction; or

c. The security has a fixed maturity or a fixed interest or dividend provision and there has been no default during the current fiscal year, within the three preceding fiscal years, or during the existence of the issuer and any predecessors if less than three years in the payment of principal, interest, or dividends on the security;

(3) Any nonissuer transaction effected by or through a registered dealer pursuant to an unsolicited order or offer to buy;

(4) Any transaction between the issuer or other person on whose behalf the offering is made and an underwriter or among underwriters;

(5) Any transaction in a bond or other evidence of indebtedness secured by a real or chattel mortgage or deed of trust or by an agreement for the sale of real estate or chattels if the entire mortgage, deed of trust, or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit;

(6) Any sale or the offering for sale of any security at any judicial, executor’s, administrator’s, guardian, or conservator’s sale, or at any sale by a receiver or trustee in insolvency or bankruptcy;

(7) Any transaction executed by a bona fide pledge without any purpose of evading this article;

(8) Any offer or sale to a bank, savings institution, credit union, trust company, insurance company or investment company as defined in the Investment Company Act of 1940, pension or profit-sharing trust, or other financial institution or institutional buyer, or to a dealer, whether the purchaser is acting for itself or in some fiduciary capacity;

(9) Any transaction which is part of an issue of which there are no more than 10 purchasers [other than those designated in subdivision (a)(8) of this section] wherever located, of securities from the issuer during any period of 12 consecutive months if:

a. The issuer reasonably believes that all the buyers are purchasing for investment and not with a view to distribution, and such issuer exercises reasonable care to assure this investment intent, which reasonable care shall be presumed if the following conditions are satisfied:

1. Reasonable inquiry to determine if the purchaser is acquiring the securities for himself or herself or for other persons;

2. Written disclosure to each purchaser prior to sale that the securities have not been registered under the act and, therefore, cannot be resold unless they are registered under the act or unless an exemption from registration is available;

3. Placement of a legend on the certificate or other document that evidences the securities stating that the securities have not been registered under the act and setting forth or referring to the restrictions on transferability and sale of the securities; and

b. No commission or other remuneration is paid or given directly or indirectly for soliciting any prospective buyer; and

c. No public advertising or general solicitation is used in connection with the issue of which the transaction in reliance on this exemption is a part.

Sections 8-6-3 through 8-6-9 shall not apply to any offer made pursuant to this subdivision (a)(9) in which no sale results.

But the Securities Commission may by rule or order, as to any security or transaction or any type of security or transaction, withdraw or further condition this exemption or decrease or increase the number of purchasers permitted, or waive the conditions in paragraphs a. and b. of this subdivision (9) with or without the substitution of a limitation on remuneration.

(10) Any transaction pursuant to an offer to existing security holders of the issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants or transferable warrants exercisable within not more than 90 days of their issuance, if:

a. No commission or other remuneration, other than a standby commission, is paid or given directly or indirectly for soliciting any security holder in this state; or

b. The issuer first files a notice specifying the terms of the offer and the Securities Commission does not by order disallow the exemption within the next five full business days;

(11) Any offer, but not a sale, of a security for which registration statements have been filed under both this article and the Securities Act of 1933 if no order of denial, suspension, or revocation is in effect and no public proceeding or examination looking toward such an order is pending under either act;

(12) The issuance of any stock dividend, whether the corporation distributing the dividend is the issuer of the stock or not, if nothing of value is given by stockholders for the distribution other than the surrender of a right to a cash dividend where the stockholder can elect to take a dividend in cash or stock;

(13) Any transaction incident to a right of conversion or a statutory or judicially approved reclassification, recapitalization, reorganization, quasi-reorganization, stock split, reverse stock split, merger, consolidation, or sale of assets; or

(14) An offering of securities conducted solely in this state to residents of this state in which:

a. The issuer of the security shall be a for-profit corporation or other for-profit entity, or business cooperative with its principal place of business in the State of Alabama and registered with the Secretary of State.

b. The transaction shall meet the requirements of the federal exemption for intrastate offerings in section 3(a)(11) of the Securities Act of 1933, 15 U.S.C. § 77c(a)(11), and SEC Rule 147. As such, securities must be offered to and sold only to persons who are residents of the State of Alabama at the time of purchase. Prior to any offer or sale pursuant to this exemption, the seller shall obtain documentary evidence from each prospective purchaser that provides the seller with a reasonable basis to believe that such investor is a resident of the State of Alabama.

c. The sum of all cash and other consideration to be received for all sales of the security in reliance upon this exemption shall not exceed one million dollars ($1,000,000), less the aggregate amount received for all sales of securities by the issuer within the 12 months before the first offer or sale made in reliance upon this exemption.

d. The issuer shall not accept more than five thousand dollars ($5,000) from any single purchaser unless the purchaser is an accredited investor as defined by Rule 501 SEC Regulation D, 17 C.F.R. 230.501.

e. The issuer must reasonably believe that all purchasers of securities are purchasing for investment and not for sale in connection with a distribution of the security.

f. A commission or remuneration shall not be paid or given, directly or indirectly, for any person’s participation in the offer or sale of securities for the issuer unless the person is registered as a broker-dealer or agent under the act.

g. All funds received from investors shall be deposited into a bank or depository institution authorized to do business in Alabama, and all the funds shall be used in accordance with representations made to investors.

h. Not less than 10 days prior to the use of any general solicitation or within 15 days after the first sale of the security pursuant to this exemption (provided no general solicitation has been used prior to such sale), whichever occurs first, the issuer shall provide a notice to the commission in writing or electronically on Form CF1. The notice shall specify that the issuer is conducting an offering in reliance upon this exemption and shall contain the names and addresses of the following persons:

1. The issuer;

2. Officers, directors and any control person of the issuer;

3. All persons who will be involved in the offer or sale of securities on behalf of the issuer; and

4. The bank or other depository institution in which investor funds will be deposited.

i. The issuer shall not be, either before or as a result of the offering:

1. An investment company as defined in section 3 of the Investment Company Act of 1940, 15 U.S.C. § 80a-3, or subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m and 78o(d); or

2. An investment adviser as defined in Section 8-6-2(18) of this code, nor a person who otherwise provides investment advice as a service or for a fee.

j. The issuer shall inform all purchasers that the securities have not been registered under the act and, therefore, cannot be resold unless the securities are registered or qualify for an exemption from registration under Sections 8-6-4 through 8-6-11 of this code. In addition, the issuer shall make the disclosures required by subsection (f) or SEC Rule 147, 17 C.F.R. 230.147(f).

k. This exemption shall not be used in conjunction with any other exemption under the act except the exemption to institutional investors in Section 8-6-11(a)(8) of this code and for offers and sales to controlling persons of the issuer. Sales to controlling persons shall not count toward the limitation in paragraph (14)c.

l. This exemption shall not be available if the issuer, or any its officers, controlling people or promoters is subject to a disqualifier enumerated in Section 8-6-9 of this code.

m. Nothing in this exemption shall be construed to alleviate any person from the anti-fraud provisions in Section 8-6-17 of this code, nor shall such exemption be construed to provide relief from any other provisions of this article other than as expressly stated.

n. Every notice of exemption provided for in paragraph h. above shall be accompanied by a nonrefundable filing fee of $150. Such filing fee shall be deposited in the Alabama Securities Commission Fund in the State Treasury to be drawn upon by the commission for its use in administration of this article.

But the Securities Commission may by rule or order, as to any security or transaction of any type of security or transaction, withdraw, further condition or expand this exemption.

(b) The Securities Commission may by order deny or revoke the exemption specified in this section with respect to a specific security if it finds the sale of such security would work or tend to work a fraud upon the purchasers thereof. No order under this subsection may operate retroactively. No person may be considered to have violated this article by reason of any offer or sale effected after the entry of an order under this subsection if he or she sustains the burden of proof that he or she did not know and in the exercise of reasonable care could not have known of the order. In any proceeding under this article, the burden of proving an exemption from a definition is upon the person claiming it.

(c) Any individual, corporation, partnership, or association who makes application to the Securities Commission for any exemption from full registration under subdivision (a)(9) of this section shall be assessed a filing fee in the amount of three hundred dollars ($300) upon application for such exemption. The fee shall accompany the application and shall not be refunded whether the application is approved or rejected. Fees collected under this subsection shall be deposited in a special account in the State Treasury for the use of the commission in the administration of this article.
Ala. Code § 8-37-10 — Alabama Code / Title 8 / Chapter 37 / Section 8-37-10
Section 8-37-10 Applicability
Status: in_force

Creditors and other persons are not required to comply with this chapter for any GAP waiver entered into prior to January 1, 2018.
Ala. Code § 8-27-5 — Alabama Code / Title 8 / Chapter 27 / Section 8-27-5
Section 8-27-5 Statute of Limitation
Status: in_force

An action for misappropriation must be brought within two years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
Ala. Code § 8-19-9 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-9
Section 8-19-9 Discovery of Information
Status: in_force

Before any action is commenced, the Attorney General or the district attorneys may issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena, the Attorney General or district attorney may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure.
Ala. Code § 8-26-19 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-19
Section 8-26-19 Applicability of Registration
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-19I-6 — Alabama Code / Title 8 / Chapter 19I / Section 8-19I-6
Section 8-19I-6 Compensation for Referrals
Status: in_force

In no event may a person receive compensation for referring an individual to another person to advise or assist the individual with any veterans benefits matter.
Ala. Code § 8-23-5 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-5
Section 8-23-5 Health Studio Services Contracts - Written Contract Required; Rights of Buyer
Status: in_force

Upon entering into a contract for health studio services, the buyer shall be provided with a written contract, which shall include the name, address, and primary place of business of the health studio. Prior to entering into any such contract, the health studio shall also provide the buyer with a current copy of any rules and regulations applicable to the buyer’s use of the health studio.

(1) If a health studio facility is not in existence on the date the health studio contract is executed, the buyer may cancel the contract in the event the facility is not open for business on the date as provided by the contract.

(2) If the buyer cancels under this section, the health studio facility shall refund any deposit, down payment, or payment on the contract.
Ala. Code § 8-17-270 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-270
Section 8-17-270 Short Title
Status: in_force

This article shall be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act.
Ala. Code § 8-25-6 — Alabama Code / Title 8 / Chapter 25 / Section 8-25-6
Section 8-25-6 Damages and Fees Recoverable for Violations of Chapter; Nonliability Where Merchant Discovers Error, Gives Notice, and Makes Adjustments
Status: in_force

(a) A consumer damaged by a violation of this chapter by a merchant is entitled to recover from the merchant:

(1) Actual damages;

(2) Twenty-five percent of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved, except that the amount recovered under this subdivision may not be less than $100 nor more than $1,000; and

(3) Reasonable attorney’s fees not to exceed 15 percent of the consumer’s allowable recovery and court costs.

(b) A merchant is not liable under this section for a violation of this chapter caused by the merchant’s error if before the sixty-first day after the date the merchant discovers the error, and before an action under this section is filed or written notice of the error is received by the merchant from the consumer, the merchant gives the consumer written notice of the error and makes adjustments in the consumer’s account as necessary to assure that the agreement complies with this chapter.
Ala. Code § 8-26-24 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-24
Section 8-26-24 Limit on Athlete Agent’s Fee
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-3-12 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-12
Section 8-3-12 When Surety Not to Confess Judgment
Status: in_force

No surety, when sued, can confess judgment or suffer judgment to pass by default if the principal debtor, on being notified of the pending action, is willing to defend the action at his own cost and give good and sufficient collateral security to the surety, to be approved by the court.
Ala. Code § 8-33-6 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-6
Section 8-33-6 Conditions for Policies
Status: in_force

No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:

(1) The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay or will provide all service that the warrantor is legally obligated to perform according to the warrantor’s contractual obligations under the provisions of the insured warranties sold by the warrantor.

(2) The policy states that in the event payment due under the terms of the warranty is not provided by the warrantor within 60 days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement.

(3) The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and the insurer’s liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer.

(4) The policy has the following provisions regarding cancellation of the policy:

a. The issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the commissioner and each insured warrantor.

b. The cancellation of a reimbursement insurance policy shall not reduce the issuer’s responsibility for vehicle protection products sold prior to the date of cancellation.

c. In the event an insurer cancels a policy that a warrantor has filed with the commissioner, the warrantor shall do either of the following:

1. File a copy of a new policy with the commissioner, before the termination of the prior policy, providing no lapse in coverage following the termination of the prior policy.

2. Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and is accepted by the commissioner.
Ala. Code § 8-19J-5 — Alabama Code / Title 8 / Chapter 19J / Section 8-19J-5
Section 8-19J-5
Status: in_force

An app store provider shall provide developers with real-time access to both of the following:

(1) Age category data for each user located in this state.

(2) The status of verifiable parental consent for each minor located in this state.
Ala. Code § 8-1-193 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-193
Section 8-1-193 Voidable Restraints
Status: in_force

If a contractually specified restraint is overly broad or unreasonable in its duration, a court may void the restraint in part and reform it to preserve the protectable interest or interests. If a contractually specified restraint does not fall within the limited exceptions set out in subsection (b) of Section 8-1-190, a court may void the restraint in its entirety.
Ala. Code § 8-6-51 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-51
Section 8-6-51 Membership; Qualifications and Appointment of Commissioners; Use or Disclosure of Confidential Information by Commissioners, Employees, Etc.; Civil Liability of Commissioners
Status: in_force

(a) The Securities Commission shall consist of the Attorney General of Alabama, the State Superintendent of Banks, the State Superintendent of Insurance and four other members appointed by the Governor by and with the advice and consent of the Senate. Two appointed members shall be members of the Alabama Bar Association appointed from a list of three nominees for each position submitted by the bar association, and the other two appointed members shall be certified public accountants appointed from a list of three nominees for each position submitted by the Alabama Society of Certified Public Accountants. The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(b) No person may be appointed to or by the commission while he is registered as a dealer or salesman under Article 1 of this chapter, while he is an officer, director or partner of any person so registered, while he is an officer, director or partner of an issuer which has a registration statement effective under Article 1 of this chapter or while he is occupying a similar status or performing similar functions.

(c) It is unlawful for any member of the commission, the director or any other officer or employee of the commission to use for personal benefit any information which is filed with or obtained by the director and which is not made public. No provision of this article authorizes any member of the commission, the director or any other officer or employee of the commission to disclose any such information except among themselves or when necessary or appropriate in a proceeding or investigation under this article. No provision of this article either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to any member of the commission, the director, or any other officer or employee of the commission.

(d) Except upon proof of corruption, no commissioner shall for his acts or his failure to act be civilly liable to any investor, applicant for registration, or any other person.
Ala. Code § 8-24-4 — Alabama Code / Title 8 / Chapter 24 / Section 8-24-4
Section 8-24-4 When Nonresident Principal Considered to Be Doing Business in State
Status: in_force

A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
Ala. Code § 8-7-4 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-4
Section 8-7-4 License - Exemptions
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-26B-5 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-5
Section 8-26B-5 Registration as Athlete Agent; Application; Requirements; Reciprocal Registration
Status: in_force

(a) An applicant for registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least the following:

(1) the name and date and place of birth of the applicant and the following contact information for the applicant:

(A) the address of the applicant’s principal place of business;

(B) work and mobile telephone numbers; and

(C) any means of communicating electronically, including a facsimile number, electronic-mail address, and personal and business or employer websites;

(2) the name of the applicant’s business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form, and the nature of the business;

(3) each social-media account with which the applicant or the applicant’s business or employer is affiliated;

(4) each business or occupation in which the applicant engaged within five years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;

(5) a description of the applicant’s:

(A) formal training as an athlete agent;

(B) practical experience as an athlete agent; and

(C) educational background relating to the applicant’s activities as an athlete agent;

(6) the name of each student athlete for whom the applicant acted as an athlete agent within five years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete’s sport and last-known team;

(7) the name and address of each person that:

(A) is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent or greater of the athlete agent’s business if it is not a corporation; and

(B) is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent or greater in the corporation;

(8) a description of the status of any application by the applicant, or any person named under paragraph (7), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;

(9) whether the applicant, or any person named under paragraph (7), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state and, if so, identification of:

(A) the crime;

(B) the law-enforcement agency involved; and

(C) if applicable, the date of the conviction and the fine or penalty imposed;

(10) whether, within 15 years before the date of application, the applicant, or any person named under paragraph (7), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;

(11) whether the applicant, or any person named under paragraph (7), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;

(12) whether, within 10 years before the date of application, the applicant, or any person named under paragraph (7), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;

(13) whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (7), made a false, misleading, deceptive, or fraudulent representation;

(14) each instance in which conduct of the applicant, or any person named under paragraph (7), resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution;

(15) each sanction, suspension, or disciplinary action taken against the applicant, or any person named under paragraph (7), arising out of occupational or professional conduct;

(16) whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (7), as an athlete agent in any state;

(17) each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;

(18) if the applicant is certified or registered by a professional league or players association:

(A) the name of the league or association;

(B) the date of certification or registration, and the date of expiration of the certification or registration, if any; and

(C) if applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and

(19) any additional information required by the Secretary of State.

(b) Instead of proceeding under subsection (a), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the Secretary of State:

(1) a copy of the application for registration in the other state;

(2) a statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and

(3) a copy of the certificate of registration from the other state.

(c) The Secretary of State shall issue a certificate of registration to an individual who applies for registration under subsection (b) if the Secretary of State determines:

(1) the application and registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

(2) the registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

(d) For purposes of implementing subsection (c), the Secretary of State shall:

(1) cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and

(2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
Ala. Code § 8-8-10 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-10
Section 8-8-10 Interest on Money Judgments and Costs
Status: in_force

(a) Judgments for the payment of money, other than costs, if based upon a contract action, bear interest from the day of the cause of action, at the same rate of interest as stated in the contract; all other judgments shall bear interest at the rate of 7.5 percent per annum, the provisions of Section 8-8-1 to the contrary notwithstanding; provided, that fees allowed a trustee, executor, administrator, or attorney and taxed as a part of the cost of the proceeding shall bear interest at a like rate from the day of entry.

(b) This section shall apply to all judgments entered on and after September 1, 2011.
Ala. Code § 8-16-52 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-52
Section 8-16-52 Bond
Status: reserved

Repealed by Act 2012-399, §1, effective May 14, 2012.
Ala. Code § 8-17-245 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-245
Section 8-17-245 Office May Reissue Certification Card
Status: in_force

In the event a blaster certification card is revoked, suspended, or the original application for certification is denied, the office may reissue a blaster certification card provided that all requirements of this article have been met.
Ala. Code § 8-42-1 — Alabama Code / Title 8 / Chapter 42 / Section 8-42-1
Section 8-42-1 Legislative Findings
Status: in_force

The Legislature finds and declares all of the following:

(1) Wholesaling real property occurs when a buyer enters into a contract for purchase and sale of a single-family residential property with the seller of the property thereby creating the buyer’s equitable interest in the property, the buyer then finds a subsequent purchaser willing to pay a higher price for the property and then assigns its interest to the subsequent purchaser for a fee.

(2) Certain unfair service agreements provide a real estate company with the right to market, list, or assist in selling a residential property for up to 40 years, binding homeowners and successors in interest through a recorded memorandum and penalizing the homeowner or successor in interest for breach of the agreement.

(3) The practices of wholesaling residential real estate, and recording these unfair service agreements, pose a significant risk to Alabama homeowners if left unregulated.

(4) The lack of any restrictions enables predatory practices against homeowners, especially those who have lived in a home for a long period of time, leading to financial loss and resulting in confusion for unsuspecting subsequent purchasers.

(5) The Legislature concludes the following in the interest of protecting Alabama homeowners and home buyers:

a. Disclosure of the limited interest, marketing, and assignment of the buyer’s equitable interest in the homeowner’s property should be required of buyers engaging in wholesaling.

b. Unfair service agreements create clouds on the titles of Alabama homes and burden Alabama homeowners with false promises, are against the public interest, and constitute unreasonable restraints on the alienation of real property.
Ala. Code § 8-21A-6 — Alabama Code / Title 8 / Chapter 21A / Section 8-21A-6
Section 8-21A-6 Supplier’s Duties to Dealers - Agreements to Maintain Inventory; Supplier’s Duty to Repurchase Inventory, Etc. Upon Termination of Agreement; Transfer of Title and Right of Possession; Continuing Security Interest; Items Not Covered; Civil Liability of Supplier; Remedies
Status: in_force

(a) Whenever any dealer enters into a dealer agreement with a supplier wherein the dealer agrees to maintain an inventory of equipment and/or repair parts and the dealer agreement is subsequently terminated or not renewed, whether by either party or mutual consent of both, the supplier shall repurchase the inventory as provided in this section. Further, supplier shall repurchase at its fair market value or assume the lease responsibilities of any specific data processing hardware and/or software that the supplier required the dealer to purchase to satisfy the minimum requirements of the dealer agreement and repurchase at 75 percent of the current net price any merchandising tools, accessories, and specialized repair tools, previously purchased pursuant to requirements of the supplier and held by the dealer on the date of termination. Dealer may, at his option, elect to retain such tools if it is not in violation of any contract terms held by the supplier.

(b) If the dealer decides not to keep the inventory, supplier shall repurchase the inventory, specific data processing hardware and software, merchandising equipment, tools, and accessories, and specialized repair tools previously purchased by dealer and held by dealer on the date of termination of the dealer agreement. Supplier shall pay 100 percent of the net cost of all new, unsold, undamaged and complete tractors and equipment, 100 percent of the current net price of all new, unused, undamaged repair parts and accessories which are listed in the supplier’s effective price list or catalog. The supplier shall also pay the dealer six percent of the current net price of all new, unused and undamaged repair parts returned as payment for the cost of handling, packing, and loading. Supplier shall have the option of performing the handling, packing, and loading and paying 100 percent of the current net price of parts in lieu of paying the additional six percent sum imposed herein for these services and in this case, the dealer shall make available to the supplier, at the dealer’s address or at the places at which it is located, all equipment previously purchased by the dealer, after a satisfactory repurchase amount has been negotiated. Provided, however, that merchandising tools and accessories and specialized repair tools must have been purchased within the last three years, and must be complete, usable and unique to the product line.

(c) Upon payment or credit of the repurchase amount to the dealer, the title and right to possession of the repurchased inventory shall transfer or be transferred to the supplier and, notwithstanding the provisions for the state’s Uniform Commercial Code to file notice of a security interest, the dealer shall have a continuing security interest in the inventory until payment or the issuance of credit against any undisputed account balance claimed against dealer by supplier.

(d) The provisions of this chapter shall not require the repurchase from the dealer by supplier of:

(1) Any single repair part which is priced as a set of two or more items;

(2) Any repair part which, because of its condition, is not resalable as a new part without reconditioning or repairing;

(3) Any inventory from which the dealer is unable to furnish evidence, reasonably satisfactory to the supplier, of good title, free and clear of all claims, liens, and encumbrances;

(4) Any inventory which the equipment dealer desires to keep, provided dealer has a contractual right to do so;

(5) Any equipment or repair parts which are not in new, unused, undamaged condition;

(6) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination or nonrenewal of the dealer agreement; or

(7) Any inventory which was acquired by the dealer from any source other than the supplier, other than a successor in interest as provided in Section 8-21A-9.

(e) If any supplier shall fail or refuse to repurchase any inventory covered under the provisions of this chapter within ninety days after termination or nonrenewal of dealer agreement, the supplier shall be civilly liable to the dealer for the total amount of 115 percent of the current net price of the inventory, plus any freight charges paid by the dealer, plus all cost of financing such repurchase, including court costs, and reasonable attorney’s fee as awarded by court or statute.
Ala. Code § 8-7-1 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-1
Section 8-7-1 Short Title
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-16-122 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-122
Section 8-16-122 Registration Period; Renewal; Fee; Testing; Identification; Penalty
Status: in_force

Registration of service persons and scale mechanics shall be for a period of 12 months, and shall be renewed each year. An annual fee established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100), to be paid into the Agricultural Fund, shall accompany each initial request for registration or each renewal thereof. Application forms for registration or renewal, and testing shall be furnished and administered by the Commissioner of Agriculture and Industries. The commissioner shall also furnish appropriate identification to persons registered as service persons or scale mechanics. Any person removing condemnation tags placed on weighing and measuring devices by the Commissioner of Agriculture and Industries or local sealers, even for purposes of repair, during any time the person’s registration may have expired due to failure to renew, shall be considered a violation of Section 8-16-90.
Ala. Code § 8-8-4 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-4
Section 8-8-4 Maximum Rates of Interest - Loans, Etc., of $100,000 or More to State Board of Education and Trustees of State Educational Institutions
Status: in_force

(a) The State Board of Education and the trustees of all state institutions where education is a part of the program of the institution as referred to in Section 16-3-28, when borrowing money in amounts of not less than $100,000, may agree to pay such rate or rates of interest not to exceed a rate of 15 percent per annum for the loan or forbearance of money as such board of education or trustees may determine, notwithstanding any law of this state otherwise prescribing or limiting such rate or rates of interest.

(b) As to any such agreement, neither such board of education or trustees, nor any surety, guarantor, endorser, or any other person, firm, partnership, association, or corporation which may become liable, in whole or in part, for the payment of the debt and interest agreed to be paid thereon in accordance with the terms hereof, or under any extension, amendment, or renewal thereof, may raise or claim the defense or benefit of the usury laws or any other law prescribing, regulating, or limiting such rate or rates of interest.

(c) The provisions of this section are cumulative and shall be construed in pari materia with other laws prescribing or limiting rates of interest on the loan of money and not in repeal thereof.
Ala. Code § 8-22-15 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-15
Section 8-22-15 Determination of Cost to Wholesaler, Etc
Status: in_force

(a) In determining cost to the wholesaler and cost to the retailer, the court of jurisdiction shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under this chapter purchased the motor fuel involved in the complaint, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true costs, discounts or terms of purchase, and shall also receive and consider as bearing on the bona fides of such costs, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the market area.

(b) Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for a market area in which a violation of this chapter is committed or charged, to determine and establish on the basis of actual existing conditions the lowest cost to wholesalers or the lowest cost to retailers within the said area, the said cost survey shall be deemed competent evidence in any action or proceeding under this chapter as tending to prove actual cost to the wholesaler or actual cost to the retailer complained against, but any party against whom any such cost survey may be introduced in evidence shall have the right to offer evidence tending to prove any inaccuracy of such cost survey or any state of facts which would impair its probative value.
Ala. Code § 8-30-4 — Alabama Code / Title 8 / Chapter 30 / Section 8-30-4
Section 8-30-4 Penalty for Violation of Chapter
Status: in_force

Any person who violates this chapter is guilty of a Class A misdemeanor.
Ala. Code § 8-6-22 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-22
Section 8-6-22 Duties of Director; Director Empowered to Swear Out Warrants of Arrest; Liability of Director for Warrant
Status: in_force

The Director of the Securities Commission shall keep the records of the commission and generally perform such duties as the commission may direct. When ordered by the commission, he shall be authorized and empowered to swear out warrants of arrest against any person violating the criminal provisions of this article. He shall not be liable in damages or to an action for damages by reason of swearing out such warrant or warrants or for causing the arrest, detention, or imprisonment of any person or persons under such warrant or warrants.
Ala. Code § 8-12-15 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-15
Section 8-12-15 Liability for Damages Sustained in Consequence of Fraudulent Filing or Registration
Status: in_force

Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under the provisions of this article, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Ala. Code § 8-19A-7 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-7
Section 8-19A-7 Application Form and Contents; Fee; License Number; Violations
Status: in_force

(a) An applicant for a license as a salesperson shall submit to the division, in the form prescribed, a written application for a license. The application shall set forth the following information:

(1) The true name, date of birth, driver’s license number, Social Security number, and home address of the applicant.

(2) Each business or occupation engaged in by the applicant during the three years immediately preceding the date of the application, and the location thereof.

(3) The previous experience of the applicant as a commercial telephone seller or salesperson.

(4) Whether the applicant has previously been arrested for, convicted of, or is under indictment or information for, a felony and, if so, the nature of the felony. Conviction includes a finding of guilt where adjudication has been withheld.

(5) Whether the applicant has previously been convicted of, or is under indictment or information for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. Conviction includes a finding of guilt where adjudication has been withheld.

(6) Whether there has ever been a judicial or administrative finding that the applicant has previously been convicted of acting as a salesperson without a license, or whether a license has previously been refused, revoked, or suspended in any jurisdiction.

(7) Whether the applicant has worked for, or been affiliated with, a company that is involved in pending litigation or has had entered against it an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice.

(8) Whether the applicant is involved in pending litigation or has had entered against him or her an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue, deceptive, or misleading representation or the use of any unfair, unlawful, or deceptive trade practice.

(b) An application filed pursuant to this section shall be verified and be accompanied by:

(1) A verified statement of the commercial telephone seller with whom the salesperson will be associated, expressing the intention of the commercial telephone seller to associate the salesperson with him or her and to be responsible for the activities of the salesperson.

(2) An annual license fee for a salesperson in the amount of fifty dollars ($50).

(c) The division shall issue a license number to all salespersons. The division shall adopt rules which allow certain salesperson applicants to operate on an interim basis until such time as a license is granted or denied.

(d) It is a violation of this chapter for a salesperson to:

(1) Fail to maintain a valid license.

(2) Advertise that one is licensed as a salesperson or to represent that the licensing constitutes approval or endorsement by any government or governmental office or agency.

(3) Provide inaccurate or incomplete information to the division when making a license application.

(4) Misrepresent that a person is registered or that a person has a valid license number.
Ala. Code § 8-26-9 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-9
Section 8-26-9 Duration of Registration; Renewal Application, Bond, and Fee
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-17-85 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-85
Section 8-17-85 Examinations and Tests; Permit Required for Sale, Storage, Etc.; Permit Application, Fee and Expiration Date; Nonapplicability of Section to Certain Persons
Status: in_force

(a) All petroleum products sold, offered for sale, used or stored in the state shall be subject to examination and tests to determine the safety of such products and their value and efficiency for the purposes for which they are sold, offered for sale, used or stored.

(b) Before selling, offering for sale, storing, or using petroleum products in the state, the person desiring to sell, offer for sale, store, or use such petroleum products in the state must submit to the Commissioner of Agriculture and Industries a written application for a permit, upon forms furnished by the commissioner, setting forth:

(1) The name and brand under which any petroleum product is to be sold, offered for sale, stored or used;

(2) In case said petroleum product is to be sold, offered for sale, stored or used in tanks, barrels, cans or other containers, the number of gallons, the capacity of the containers in which it is to be sold, offered for sale, stored or used, the brand applicable to each particular petroleum product referred to in the application;

(3) The name or names and address of the manufacturers or dealers from which the said petroleum product was procured; and

(4) A statement expressed in terms of the standards adopted by the Board of Agriculture and Industries pursuant to the provisions of Section 8-17-81, as to the standard guaranteed for the petroleum product in respect of which the application is made. The said statement may simply set forth that the petroleum product referred to therein complies with the standard applicable to that particular product that is specified in the regulations as to standards that are provided for in the said Section 8-17-81; provided, that if the person making the application claims a higher standard for any particular petroleum product, he may make a statement to that effect specifying the standard guaranteed.

(c) As soon as practicable after the receipt of such statement, the Commissioner of Agriculture and Industries shall issue to the applicant a permit, provided said statement shows the petroleum product to be sold or offered for sale or stored or used in the state is equal to or above the minimum standard required in the state for such petroleum product.

(d) Such applicant shall pay to the Commissioner of Agriculture and Industries, as a permit fee, the sum of &amp;dollar;10 for each different brand specified in the application for a permit.

(e) All such permits shall expire on September 30 of the fiscal year for which they were issued.

(f) This section shall not apply to any person selling, offering for sale, storing, or using petroleum products obtained from a person that has complied with the provisions of this division with respect to the same petroleum products.
Ala. Code § 8-5-26 — Alabama Code / Title 8 / Chapter 5 / Section 8-5-26
Section 8-5-26 Action to Charge Endorser or Assignor on Contracts Assigned by Writing and Not Covered by Uniform Commercial Code - Time for Bringing Action Against Maker; Issuance of Execution When Judgment Obtained; Proof of Inability of Maker to Pay Judgment
Status: in_force

(a) On all contracts assigned by writing which are not governed by the Uniform Commercial Code, an action to charge the endorser or assignor must be brought against the maker within 30 days after an action can properly be brought.

(b) If judgment is obtained, execution must be issued as authorized by law, and the inability of the maker to pay such judgment proved by the return of “no property.”
Ala. Code § 8-7-13 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-13
Section 8-7-13 Grounds for Revocation of Licenses
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-16-30 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-30
Section 8-16-30 Appointment; Qualifications; Keeping of Standards and Apparatus by Cities and Counties
Status: in_force

(a) The county commission of each county and the mayor or other governing body of any city may appoint for their respective county or city one or more sealers of weights and measures; provided, however, that two or more counties may appoint jointly for their counties a sealer, subject to the approval of the Commissioner of Agriculture and Industries; provided further, that any county and any city within the county may jointly appoint a sealer of weights and measures, subject to the approval of the commissioner.

(b) No person shall be appointed as local sealer of weights and measures until he has received a certificate from the Commissioner of Agriculture and Industries showing that such person had the qualifications required by the State Board of Agriculture and Industries.

(c) All such counties or cities appointing a sealer of weights and measures shall keep at all times, at the expense of the county or city, or both, such standards and apparatus of such material and construction as the Commissioner of Agriculture and Industries may direct. All such standards and apparatus, having been tried and accurately proven, shall be sealed and certified to by the commissioner as provided for in this chapter, and shall be then preserved by the county or city sealer as public standards for such county or city.
Ala. Code § 8-19H-1 — Alabama Code / Title 8 / Chapter 19H / Section 8-19H-1
Section 8-19H-1 Definitions
Status: in_force

As used in this chapter, the following terms have the following meanings:

(1) ACTIVATE. The process of powering on a device and associating it with a new or existing user account.

(2) DEVICE. A tablet or a smartphone manufactured on or after October 1, 2025.

(3) FILTER. Generally accepted and commercially reasonable software used on a device that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines owned and controlled by the manufacturer in accordance with prevailing industry standards, including blocking known websites linked to obscene content, via mobile data networks, wired Internet networks, and wireless Internet networks.

(4) INTERNET. The global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions; that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite or its subsequent extensions, or other IP-compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure.

(5) MANUFACTURER. A person to which all of the following apply:

a. Is engaged in the business of manufacturing a device.

b. Holds the patents for each device it manufactures or holds the patents for the operating system on a device.

c. Has a commercial designated registered agent in this state.

(6) MINOR. An individual under 18 years of age who is not emancipated, married, or a member of the United States Armed Forces.

(7) OBSCENE MATERIAL. A visual depiction of sexually explicit conduct, as defined under Section 13A-12-190.

(8) OPERATING SYSTEM. Software that manages all of the other application programs on a device.

(9) PASSWORD. A string of characters or other secure method used to enable, deactivate, modify, or uninstall a filter on a device.

(10) RETAILER. A person, other than a manufacturer, that sells a device directly to consumers. The term includes an employee of a retailer acting in the course and scope of the employee’s employment.

(11) SMARTPHONE. An electronic device that combines a cell phone with a hand-held computer, typically offering Internet access through a browser or search engine and that typically has data storage, text, and email capabilities.

(12) TABLET. A mobile device that is equipped with a mobile operating system, touchscreen display, and rechargeable battery and that has the ability to support access to a cellular network.

(13) VIDEO GAME CONSOLE. A discrete computing system, including the system’s components and peripherals, primarily used for playing video games, but does not include a smartphone or tablet.
Ala. Code § 8-21A-1 — Alabama Code / Title 8 / Chapter 21A / Section 8-21A-1
Section 8-21A-1 Short Title
Status: in_force

This chapter may be cited as “The Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.”
Ala. Code § 8-6-23 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-23
Section 8-6-23 Making, Amending, and Rescinding Rules and Prescribing Forms by Commission
Status: in_force

The Securities Commission may from time to time make, amend, and rescind such rules and prescribe such forms as are necessary and desirable to carry out the provisions of this article. No rules or forms may be made or prescribed unless the commission finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of this article. In prescribing rules and forms the commission may cooperate with the securities administrators of the other states and the securities and exchange commission with a view to effectuating the policy of this article to achieve maximum uniformity in the form and content of registration statements, applications, and reports wherever practicable. All rules and forms of the commission shall be published.